§ 2-28-28. Permit conditions and standards applicable to permittees.

(a)

The construction, installation, quality and placement of all installations in county right-of-way shall be in accordance with the most current county public works standards and the most current FDOT Utility Accommodation Guide, insofar as those publications are not inconsistent with any other requirement of this article. All work within the right-of-way shall be performed in compliance with all applicable construction standards and laws, including but not limited to, the Trench Safety Act, Sections 553.60-553.64, Florida Statutes.

(b)

Permits may contain such provisions as the county deems reasonably necessary to protect the county and the public right-of-way.

(c)

Unless modified by the right-of-way manager, a permit shall be valid until the date set by the right-of-way manager, which date shall appear on the permit and shall not be more than one year after the date of permit issuance, and apply only to the area(s) of right-of-way specifically identified in the permit. A permit shall be deemed expired after the date set by the right-of-way manager. Unless otherwise authorized by this article, permittees and their agents are expressly prohibited from performing any work upon the expiration of a permit. Prior to expiration, a permittee may request an extension of the permit. The right-of-way manager is authorized to extend a permit once for a period of no more than one year. A permit from the county constitutes authorization to undertake only certain activities in accordance with this article, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the right-of-way.

(d)

A copy of the permit shall be available for inspection at all times at the work site while work is being performed. Except as otherwise provided in this article, any work in or use of any right-of-way without a "Sunshine State One-Call" notification (for work requiring excavation) and a valid permit issued pursuant to this article is prohibited. Except as provided by this article, any work in progress in any right-of-way or use of any right-of-way without a valid permit shall be suspended until such time as a valid permit is produced on the site.

(e)

A permittee shall at all times comply with and abide by all applicable provisions of the state and federal law and county codes and regulations in placing or maintaining a facility in right-of-way. Obtaining a permit pursuant to the terms of this article does not excuse a permittee from complying with all applicable county codes and standards.

(f)

A permittee shall be required by the county to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur in the subject right-of-way, and permittee shall be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the right-of-way.

(g)

A permittee is authorized to make emergency repairs to facilities and must notify the right-of-way manager of same within forty-eight (48) hours of completing said repairs. The right-of-way manager may require additional or supplemental work be performed after the initial emergency repair so as to bring the facility or abutting spaces, including ditches, roads and sidewalks, up to a standard at least equal to that which existed immediately prior to the emergency repairs.

(h)

Unless otherwise provided, all roads within the limits of the permit shall be kept open to all traffic by the permittee. When approved by the right-of-way manager, traffic may be routed to an approved detour. The permittee shall keep the portion of the project being used by the public traffic, whether it is through or local traffic, in such condition that traffic shall be adequately accommodated. The permittee shall furnish, erect and maintain any barricades, warning signs, delineators, flagmen and pilot cars in accordance with the MUTCD, FDOT Design Standards, FDOT Standard Specifications for Road and Bridge Construction, and any county rules issued pursuant to this article. The permittee shall also provide and maintain in a safe condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garages and farms. The permittee shall bear all expense of maintaining the traffic over the section of road undergoing construction and of constructing and maintaining such approaches, crossings, intersections and other features as may be necessary. Materials stored at the site of the work shall be so placed as to cause no obstruction to vehicular or pedestrian traffic. No roadway shall be closed or opened except by express permission of the right-of-way manager or other authorized public agency having jurisdiction. Any permitted road closures shall be in accordance with the prevailing county highway and drainage standards.

(i)

During the time the permittee is actively engaged in construction, installation or maintenance, the permittee shall be solely responsible for erosion control and stormwater runoff maintenance, so as not to adversely affect the flow of stormwater through existing drainage facilities, the health and safety of the general public, and the use or enjoyment of any real property.

(j)

All permittees and their contractors shall at all times obey any lawful order of either the right-of-way manager or any law enforcement officer related to permittee's presence on or activities within or along public roads. Failure to do so may result in the revocation or suspension of the permit for violation of this section.

(k)

All wireless facilities shall be placed and maintained so as not to:

(1)

Interfere unreasonably with the public's use of the right-of-way;

(2)

Cause unreasonable interference with the rights and convenience of property owners who adjoin any of the public rights-of-way;

(3)

Interfere, displace, damage or destroy any other utilities, including but not limited to, water mains, sanitary sewers, storm drains, electrical equipment, gas mains, pipes, cables or conduits of the county or any other utility lawfully occupying the public right-of-way; and

(4)

Create interference with the operations of public safety wireless services.

(l)

All owners of facilities in the right-of-way shall provide an annual "system certification" to the right-of-way manager which certifies and identifies whether each facility is currently being used ("active facility") or not currently being used or has no current tenant or client ("dark facility").

(m)

Any county utility pole altered or replaced pursuant to this article shall remain the property of the county.

(n)

The permittee shall perform all make-ready work.

(Ord. No. 17-21 , § 3, 3-7-17; Ord. No. 17-48 , § 3, 11-7-17)