Editor's note— Ord. No. 16-17-17, § 266, adopted September 19, 2017, repealed § 12.14.100, which pertained to manufactured home and seasonal park requirement and derived from Ord. No. 05-06-30.

A.

The county shall require that all new development and redevelopment containing dwelling units on lots smaller than one gross acre in size to provide central potable water as follows:

1.

Multi-family developments (regardless of parcel size) and subdivisions with lots less than one acre in size shall be required to:

a.

Connect to an existing system; or

b.

Construct or guarantee to construct an approved central potable water system, or sufficiently upgrade an existing system to serve the entire proposed project.

2.

Multi-family developments (regardless of parcel size) and subdivisions with lots less than one gross acre in size shall be required to provide or guarantee to provide a central potable water system designed to support all phases of the development and to provide for future fire suppression requirements including hydrant connections.

B.

Incremental installation of the central potable water and fire suppression system to accommodate phased development may be allowed upon approval by the BCC.

C.

Private drinking water systems shall be required to meet the level of service standards set forth in sections 12.14.103 and 12.14.104.

D.

Commercial and industrial uses utilizing central potable water shall connect to an existing central potable water system if within one-quarter mile of an available system.

E.

Pursuant to F.S. § 163.3180, prior to issuance of a building permit, the developer shall submit written guarantee from the water supplier to ensure adequate water supplies will be available by the date of issuance of a certificate of occupancy. No certificate of occupancy shall be issued until central potable water is available to the unit.

(Ord. No. 05-06-30, § 83; Ord. No. 11-12-04, § 91; Ord. No. 16-17-17, § 267)

Design and construction standards for central potable water systems including general requirements, technical specifications, and water distribution systems are found in the Highlands County Technical Standards Manual, current edition. Every application for a final development order which incorporates within the project a central public potable water system shall provide complete documentation to indicate compliance with such standards.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 268)

The county shall apply the following minimum design standards to residential water systems:

A.

RV park: 75 gpcd.

B.

Mobile home park: 100 gpcd.

C.

Single-family residential: 120 gpcd.

D.

Multi-family development: 120 gpcd.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 269)

A.

All new development and redevelopment shall provide a total project water storage capacity (in combination with standby pumping capacity) of at least 50 percent of the maximum daily water system demand. Minimum water pressure for fire-flows shall be 35 pounds per square inch residual, with minimum flow capacity as follows:

1.

Residential: 500 gallons per minute.

2.

Commercial: 750 gallons per minute.

3.

Industrial: 1,000 gallons per minute.

B.

All new development or redevelopment shall meet or exceed the standards established herein unless greater or lesser flows/capacities are demonstrated by the owner's engineer to be required or adequate to serve the project. Any reduced standards shall first be approved by the county engineer and fire marshal.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 270)

Public potable water wells shall be abandoned in accordance with Chapter 62.532.400, F.A.C. The county will cooperate with the water management districts in identifying candidate wells for proper abandonment.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 271)

A.

Every application for a final development order which involves the construction of a new or the retrofit of an existing central potable water system, as defined by Chapter 62-532, 62-550, and 62-555, F.A.C., shall be accompanied by proof of notification to the agencies listed in this section. Transmitted information to the various agencies shall include copies of the application for a final development order including all attachments. This proof of notification shall be in the form of copies of transmittal letters to the various agencies, and a signed and sealed certificate prepared by the project engineer noting the date that the copies were forwarded. Notification letters shall be dated a minimum of 30 calendar days prior to submission of the application for the final development order. The transmittal letter shown in the Highlands County Technical Standards Manual, current edition, official forms, which asks the agencies to respond directly to Highlands County, shall be used. Highlands County will not commence review of the application until this proof of notification is received. The agencies to be notified are as follows:

1.

Florida Department of Environmental Protection (DEP);

2.

Florida Department of Health and Rehabilitative Services (FDH); and

3.

South Florida or Southwest Florida Water Management District (SFWMD or SWFWMD), whichever is applicable.

B.

The county's final development order shall be conditioned upon the permit requirements expressed by any of these agencies which respond within 30 calendar days. In the event that an agency does not respond within such timeframe, such failure will not prevent the county from issuing a final development order and any required permits in a timely manner. Further, the county shall advise the applicant of the applicant's responsibility to obtain appropriate state and federal permits.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 272)

The county shall continue to direct applicants to the minimum construction standards requiring that all water wells extending deeper than the surficial aquifer be cased and continuously grouted from the surface to the confining layer of that aquifer. The construction, repair, and abandonment of water wells shall be consistent with the permit requirements of both the South Florida and the Southwest Florida Water Management Districts.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 273)

All public potable water wells shall be installed by state certified well drillers as a condition of building permit approval. When a well is to be installed as part of a development, the name and certification number of the well driller shall be submitted to the county engineer along with the final site plan or improvement plan. A final development order shall not be issued without this information.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 274)

Editor's note— Ord. No. 16-17-17, § 276, adopted September 19, 2017, repealed § 12.14.200, which pertained to manufactured home and seasonal park requirement and derived from Ord. No. 05-06-30.

A central wastewater system shall be required:

A.

In Highlands County where land is developed at greater than one dwelling unit per one gross acre unless central wastewater is not available within a quarter mile and fewer than three equivalent residential units (ERUs) are generated by the use.

B.

For mobile home parks and campground districts.

C.

When domestic central wastewater flows are expected to exceed 10,000 gallons per day per establishment (pursuant to Chapter 64 E-6 et seq., Florida Administrative Code) or, notwithstanding the property's zoning district, all new residential subdivisions with a gross density greater than one dwelling units per acre shall be served by a central wastewater system.

D.

For all new commercial and industrial development (except as otherwise allowed on septic systems).

E.

Except as otherwise provided herein, existing developments utilizing on-site wastewater treatment and disposal systems will be required to connect to central wastewater treatment facilities when made available consistent with the requirements of Florida Statutes and the Florida Administrative Code.

(Ord. No. 05-06-30, § 83; Ord. No. 11-12-04, § 92; Ord. No. 16-17-17, § 277)

All newly constructed, private central wastewater treatment systems shall be engineered for eventual integration into a publicly operated interceptor central wastewater network.

A.

All new establishments and residential units that are required by these regulations to be served by a central wastewater system, shall connect to central wastewater lines at the time of initial development, but only where the nearest wastewater line is located closer than one-quarter mile from the property line boundary, as measured and accessed via existing easements or rights-of-way consistent with state rules and guidelines.

B.

Whenever connection to a private or public central wastewater system is refused by an operator; is unavailable at the time of construction; or whenever connection points to an interceptor are more than one-quarter mile from the property line boundary of the project, the county shall require connection to a central wastewater treatment system consistent with the requirements of Florida Statutes and the Florida Administrative Code at the time such connections become available. The county may approve an incremental or phased installation of a central wastewater system to accommodate the development.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 278)

Design and construction standards including general requirements and technical specifications for wastewater collection systems, wastewater pump stations, and wastewater force mains and chambers are found in the Highlands County Technical Standards Manual, current edition.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 279)

The county's minimum level of service standards for design of central wastewater treatment plants shall be as follows:

A.

RV park: 75 gpcd.

B.

Mobile home park: 100 gpcd.

C.

Single-family residential: 120 gpcd.

D.

Multi-family development: 120 gpcd.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 280)

An application for a final development order shall indicate that one of the requirements listed herein has been met.

A.

Capacity exists at an existing wastewater treatment facility, either private or public, to serve the project or the first phase of the project. Determination of the existence of capacity shall be based upon estimated demand of the proposed project, consideration of other approved but not built developments to be served, the actual capacity authorized by a FDEP operating permit, and the actual flow at the time of application.

B.

Capacity shall exist at the time of occupancy of each phase at an existing wastewater treatment facility concurrent with need, based upon capacity considering the valid operating permit and valid construction permit issued pursuant to F.S. § 403.087, and Section 62-4.070, F.A.C. Calculations shall consider projected flow requirements compared to actual flow, committed flow, and the permitted capacity of the wastewater treatment facility.

C.

No existing facility/capacity exists or is expected to exist to provide service to the proposed development, however, onsite wastewater treatment is proposed through either:

1.

A package treatment plant with sufficient capacity to meet the needs of the proposed development; or

2.

Individual septic systems on lots meeting the minimum lot area standards of these regulations; a developer or owner of an individual lot shall be considered to have complied with the requirements of this division upon furnishing evidence from the Highlands County Director of Environmental Health that FDH will issue a septic system permit for the individual lot or group of lots as development proceeds and building permits are requested.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 281)

All septic tanks and drainfield systems shall be designed and constructed in conformance with Florida Administrative Code 64E-6, "Standards for On-Site Sewage Treatment and Disposal Systems" and the requirements of the Concurrency Management System:

A.

Design engineering standards shall include minimum performance specifications for the placement of septic systems in unsuitable soils and in soils prone to seasonal flooding for determining the size, design and location of drainfields.

B.

Installation standards shall include minimum specifications for the placement of on-site wastewater disposal systems above seasonal high water and for minimum setback restrictions from potable water wells, natural water bodies, and protected environmental resources.

C.

If individual lots within a residential project cannot meet the requirements of this section, then no development order shall be issued for such lots until provisions for wastewater treatment are made for these lots to connect to a private or public central wastewater system, or by alternative or advanced on-site septic systems as appropriate to conditions.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 282; Ord. No. 19-20-09, § 109)

A.

A septic drainfield shall be set back not less than 75 feet from wetlands and surface waters, but may be greater where unsuitable soils preclude a typical on-site wastewater disposal system. However, a setback of not less than 75 feet may be allowed if a performance-based on-site wastewater disposal system described in Chapter 64E-6 et seq., F.A.C is utilized as the central wastewater treatment and disposal system, based upon the design and recommendation of an engineer experienced in the design and installation of wastewater systems, and as approved by the Health Department for residential development which is outside the reach of a central wastewater system and confronted with the cited environmental issues.

B.

When an on-site system is identified as requiring replacement, this section shall apply if the lot is within 300 feet of a surface water body or is 10,000 square feet or less.

(Ord. No. 16-17-17, § 283)

Editor's note— Ord. No. 16-17-17, § 283, adopted September 19, 2017, amended § 12.14.207 in its entirety to read as herein set out. Former § 12.04.207, pertained to failure to meet requirements, and derived from Ord. No. 05-06-30.

Editor's note— Ord. No. 16-17-17, § 284, adopted September 19, 2017, repealed § 12.14.208, which pertained to mandatory connection to central wastewater and derived from Ord. No. 05-06-30.

This division is established to regulate the location, manner, installation and adjustment of utility facilities along, across, under or on any right-of-way under the jurisdiction of Highlands County. The section also regulates the issuing of permits for such work which is in the interest of safety, protection, utilization, and future development of the county's roads and streets with due consideration given to public service afforded by adequate and economical utility installations as authorized under this section of these regulations and F.S. §§ 337.401—337.404. Adherence shall be required under the circumstances set forth in this division.

A.

Utilities liaison. Recognizing that all utility owners serving the public have a common obligation to provide their services in a cost effective manner, Highlands County will coordinate its advance planning of road projects with the affected utilities to facilitate the relocation of the utility in order to eliminate costly construction delays. As part of its project planning and development process the county will consider the cost of utility work necessary for the proposed project. The county will keep utility agencies informed of future transportation projects and request the utility agencies to advise the county of existing and proposed structures within proposed work areas.

B.

Authorization by Highlands County required. No person shall enter upon any right-of-way under the jurisdiction of Highlands County to construct, alter, operate, maintain or relocate any utility installation without first being issued a permit to do so.

C.

Issuance of utility permits. The county engineer has been assigned the responsibility and granted the authority to review permit applications and issue permits for construction and maintenance of utilities within county rights-of-way. When an application is approved, a utility permit will be issued in conformity with this section of these regulations.

D.

Transmission lines. Applications for permits to construct and maintain aboveground and underground transmission lines shall be submitted to the county engineer in the same manner as other applications for utility permits, but approval must be authorized by the BCC before the county engineer issues the utility permit. (Distribution lines are exempt from this provision of BCC approval, but still subject to the application requirements for a utility permit.)

E.

Appeals. Where actual field conditions vary from those outlined in this section, differences may arise as to what accommodation criteria is appropriate under the actual conditions. When such differences cannot be resolved by the applicant and the county engineer, the applicant may appeal the county engineer's decision as provided for in section 12.04.119 appeals.

(Ord. No. 05-06-30, § 83)

Existing aboveground and underground utility facilities in county rights-of-way as of the date of adoption of this section of the regulations will be presumed to be properly permitted in accordance with the existing guidelines in effect at the times of their installation whether or not documentation to the effect can be found. Occupying the right-of-way without written documentation being on file carries with it the same responsibility as that of a bona fide permit holder. Review of disputes shall be as provided for in section 12.14.300 of this division.

(Ord. No. 05-06-30, § 83)

Where the utility agency/owner (UAO) has a compensable interest in the land occupied by its facilities and such land is to be jointly owned or used for road and utility purposes, Highlands County and the UAO shall agree in writing as to the obligations and responsibilities of each party. In any event, the interest to be acquired by or vested in the county in any portion of the right-of-way of a road project to be vacated, used or occupied by utilities or private lines shall be of a nature and extent adequate for the construction, safe operation and maintenance of the road project.

(Ord. No. 05-06-30, § 83)

No individual, firm, company or governmental agency may be permitted to use the county right-of-way for monetary gain except where provided for by the public service commission, Federal Energy Regulatory Commission, Federal Communications Commission, or Highlands County.

(Ord. No. 05-06-30, § 83)

A permit to a UAO must be approved by the county engineer before any utility is installed on a county right-of-way, whether it is for aerial or underground installations or attachment onto bridge structures, except as noted in this division of these regulations. A Highlands County Utility Permit application/permit form may be obtained from the office of the county engineer. The permit application fee will be as established by the BCC. When approved and issued, the utility permit will authorize utility construction within a county right-of-way as described in the application and detailed on accompanying drawings. In accepting the permit the applicant/UAO agrees to be bound by this section of these regulations including, but not limited to, the conditions listed below.

A.

The construction and maintenance of such utility shall not interfere with the property and rights of other existing occupants.

B.

All work shall be done in keeping with standards of the county engineering department and subject to the approval of the county engineer.

C.

All materials and equipment shall be subject to inspection by the county engineer.

D.

During construction all safety regulations shall be observed and the county shall be relieved of all responsibility from damage of any nature arising from this permit.

E.

All county property shall be restored to its original condition as far as practical.

F.

All construction shall conform to the standards and requirements of this section. If at any time during the utility installation/construction, the county engineer finds that the permit conditions have been violated, the county engineer may issue an immediate stop work order. The stop work order shall be in effect until the operation is brought into compliance with the permit. Failure to perform satisfactory construction may result in the county's not issuing additional permits to the applicant until deficiencies are corrected.

G.

The attached drawing is made a part of the permit.

H.

It is expressly stipulated that the permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or to vest any property right in said holder.

I.

The permit shall state whether it is granted in perpetuity or for a term of years and in either event that:

1.

The permit is subject to termination by the BCC without compensation in the event the road or highway is closed, abandoned, vacated, discontinued, or reconstructed; and

2.

In the event of widening, repair, or reconstruction of any such road, the permittee shall move or remove such utility facilities at no cost to the county.

J.

Whenever necessary for the construction, repair, improvement, alteration, or relocation of all, or any portion of said road or street as determined by the county engineer, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from the said road or street, or reset or relocated thereon, as required by the county engineer and at the expense of the holder.

K.

The permittee shall complete permitted construction within 365 calendar days from date of said permit.

L.

Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground. Applicant also declares that due notice of work under application was furnished to each utility involved and that copies of letters addressed to said user are attached.

M.

It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the county's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume all risk of and indemnify, defend, and save harmless Highlands County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercises by said holder of the aforesaid rights and privileges. During construction, all safety regulations of the Florida Department of Transportation shall be observed and the holder must take such measures, including placing and display of safety devices, as may be necessary in order to safely conduct the public through the project area.

N.

The office of the county engineer shall be notified 24 hours in advance before starting work.

O.

The permittee agrees to accept maintenance of any road cut or subterranean crossing for a period of 36 months after the county engineer's office is notified of completion of construction.

(Ord. No. 05-06-30, § 83)

A.

Drawings. Schematic installation drawings of the proposed installation, to scale unless otherwise approved by the county engineer, shall accompany each copy of the utility permit application. The following shall be shown on the drawings:

1.

North arrow.

2.

Road name.

3.

Offset from the centerline of the roadway to the proposed utility installation.

4.

Right-of-way limits.

5.

Pavement width.

6.

Distance from edge of pavement to utility installation.

7.

Distance from nearest major intersection, nearest town, railroad crossing, and/or other physical features.

8.

Bridge locations with numbers where applicable.

9.

Information such as materials to be used, pipe or conduit size, use of the facility (power with voltage, gas with maximum allowable operating pressure, etc.) and other pertinent details.

10.

One or more typical cross sections as required to adequately reflect the proposed location of the utility.

11.

The minimum vertical clearance above or below the pavement.

12.

A statement that all disturbed area in the county right-of-way shall be restored to its original configuration.

13.

All known involved utilities in the proposed installation area; however, if only aerial facilities requiring no additional poles are involved, then only aerial facilities need be shown on the permit drawing; if overhead or underground facilities involve only one side of the right-of-way, then only involved utilities on that side of the right-of-way need be shown on the permit drawing; this subsection does not apply to gas distribution and transmission lines which must be shown in their entirety on the drawing.

B.

Special requirement for utility construction within the vicinity of existing gas pipelines. F.S. § 553.851, provides for the protection of underground gas pipelines. It includes (1) "definitions," (2) "notice and marking requirements for excavation," and (3) "excavation; liability for negligence; notice of damage or dislocation; emergencies". In order for both the UAO applicant and the county to comply with this section of the Florida Statutes, every application for a utility permit submitted to the county engineer's office shall contain the following certification by the UAO with an original signature: The undersigned certifies that he has complied with the provisions of F.S. § 553.851(2)(a), as amended, concerning requesting gas pipeline location information and will comply with the provisions of paragraphs (2)(c) and (2)(f) of the same section concerning notifying pipeline owners 48 hours prior to any excavation. An application not containing this certificate shall be returned to the applicant for revision. The paragraphs referenced in the certificate are reproduced here, but the applicant should consult the full text of F.S. § 553.851, as it may be amended, for clarification:

1.

F.S. § 553.851(2)(a), states "No excavator shall commence or perform any excavation in any public or private street, alley, right-of-way dedicated to public use, or gas utility easement without first obtaining information concerning the possible location of gas pipelines in the area of the proposed excavation from any person having the right to bury gas pipelines within the public or private street, alley, right-of-way, or gas utility easement. Such information may be requested by telephone, letter, telegraph, or messenger or in person, at the prework conference for the job requiring the proposed excavation, or by calling a utility notification center operating in the area."

2.

F.S. § 553.851(2)(c), states "The excavator shall notify the owner in the manner prescribed in subsection (1) so that the owner receives notification at least 48 hours, excluding Saturdays, Sundays, and legal holidays, prior to starting excavation."

3.

F.S. § 553.851(2)(f), states "Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation, the excavator shall be required to again notify the owner not less than 48 hours or more than five days prior to commencing excavation."

C.

Notification to other right-of-way users. In all cases, the applicant shall submit copies of letters that have been mailed to other possible right-of-way users in the proposed construction area; the letter shall serve to notify other users that application is being made to Highlands County for a utility permit and asking that both the applicant and the county engineer be notified whether or not other users have facilities in the proposed construction areas with which the proposed construction might be in conflict. Any objection to the proposed construction by another UAO must be forwarded to both the county engineer and the applicant within seven working days of the applicant's notification letter. Such objections must be specifically described.

D.

Plans preparation by others. Plans and drawings not prepared by employees of the UAO or persons under contract to the UAO and under the immediate supervision of UAO employees must be signed and sealed by a registered professional engineer and approved by the UAO.

E.

MOT requirement. Whenever utility installation, adjustment or maintenance activity will affect the movement of traffic or traffic safety, the UAO shall implement a traffic control plan and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around the work site and to ensure the safety of the utility work force in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), current edition and the Florida Department of Transportation's Roadway and Traffic Design Standards (Index Series 600), current edition.

F.

Attachments to structures. For attachment to structures, the application shall include as an exhibit, all applicable construction plans and specifications for the accommodation of the utility. Plans for attachments to structures must be prepared, signed and sealed by a registered professional engineer, licensed by the State of Florida.

G.

Corporation requirement. When the permittee is a corporation or a public body, the permit must have a corporate seal and must be attested to by the corporation secretary or by the empowered public official, unless a current waiver of corporate seal and attestation by the secretary or by the empowered public official is on file with the State Utility Office, State of Florida, Tallahassee, and so noted on the permit. The state utility office will, upon request, furnish instructions and forms for waiver of corporate seal to a corporation. This waiver will be recognized by the county.

H.

Proprietorship requirement. When the applicant/permittee is the owner of the utility, which is not a corporation, then his signature must be witnessed by two persons whose signatures must likewise be on the permit. All signatures must be original. The names of all persons signing the permit application must be typed or printed directly below their signature resolutions.

(Ord. No. 05-06-30, § 83)

A.

The applicant shall submit three originals, prepared as described in this division, to the office of the county engineer for review and processing.

B.

Each permit shall be processed in an expeditious manner in order to minimize any unnecessary delays for the applicant. The county engineer's office will notify the applicant if processing is expected to exceed ten working days.

C.

Upon completion of the permitted utility construction, the applicant shall notify the county engineer's office within 48 hours. The UAO or applicant to which the permit is issued has the responsibility to insure that all construction is performed and completed according to the approved permit and accompanying drawings. Failure to perform satisfactory construction may result in the county's not issuing additional permits to the applicant until deficiencies are corrected.

(Ord. No. 05-06-30, § 83)

Unless specifically provided for under section 12.14.309 blanket utility service drop permits or section 12.14.310 blanket utility maintenance permits of this division, the following installations will require utility permits:

A.

All underground installations and all overhead lines and crossings.

B.

All lines crossing the right-of-way.

C.

All additional facilities when.

1.

It is necessary to place a pole within the right-of-way on the opposite side where there is not an existing pole line.

2.

It is necessary to place a pole adjacent to a buried cable where the existing permit does not include a pole line.

3.

It is necessary to place a pole beyond the limits of an existing approved pole line; for purposes of this provision, the limits of an existing approved pole line shall be the distance from the edge of the pavement (or traveled way) to the approved pole line plus a maximum of ten percent of that distance, but still within the right-of-way and no closer to the edge of the pavement.

D.

All above-ground facilities placed in connection with underground installations when not included in the original permit; these include marker poles and riser poles, including pole mounted telephone closures for test or splice purposes; these poles and closures shall be located in accordance with applicable criteria in FDOT's Roadway and Traffic Design Standards (Index Series 700), current edition.

E.

Installation of a complete street or highway lighting system including installation on existing poles where the existing poles are there by virtue of a permit

F.

Installation of a new pole within the right-of-way to accommodate a private or area light regardless of the direction of the light pattern

G.

Where existing facilities are to be relocated permanently to another location within the right-of-way, whether caused by a betterment program of the right-of-way user, or by road construction

H.

Improvements or betterments requiring a physical change of existing facilities.

(Ord. No. 05-06-30, § 83)

A.

The following installation will not require utility permits provided the UAO is a holder of a current Highlands County Blanket Utility Service Drop Permit:

Service drops or span guys emanating from and/or attached to poles covered by an existing permit, including those crossing roadways.

Underground service connections provided that they do not cross or begin in the pavement, and trenching is at a right angle to the pavement; however, notice will be given to the county engineer prior to construction in all instances, and the permittee shall notify all known underground UAOs of the pending excavation at least 48 hours in advance.

B.

The following installation will not require utility permits provided the UAO is a holder of a current Highlands County Blanket Utility Maintenance Permit:

1.

Any new poles to be placed within an existing permitted pole line as established in accordance with section 12.12.307.C.3., of this division

2.

Routine maintenance or minor alterations such as changes in communications cables, transformer capacity, wire size, of secondary circuits and primary circuits of a one mile segment or less of an existing utility installation

3.

Temporary relocation as directed by the county engineer during road construction projects

4.

Insertion or realignment of any utility facility in an existing conduit or pipeline made by the permitted UAO provided there is no pavement cutting; the UAO shall give 24 hours' notice, identify which permit is affected and submit "as built" plans to be attached to the affected permit.

Note: The permittee shall give 24 hours' notice to the county engineer's office prior to any construction or excavation.

(Ord. No. 05-06-30, § 83)

When approved and issued to the UAO, the blanket utility service drop permit authorizes the construction and maintenance of service drops to provide customer service without individual applications for the period October 1 through September 30 of each year. The fee will be as established by the BCC. By accepting the permit, the UAO binds itself to the requirements of the following 12 general conditions and eight specific conditions:

A.

General conditions.

1.

The construction and maintenance of such utility shall not interfere with the property and rights of a prior occupant.

2.

All work shall be done in keeping with standards of the county engineering department and subject to the approval of the county engineer.

3.

All materials and equipment shall be subject to inspection by the county engineer.

4.

During construction all safety regulations shall be observed and the county shall be relieved of all responsibility from damage of any nature arising from this permit.

5.

All county and state property shall be restored to its original condition as far as practical.

6.

All construction shall conform to the standards and requirements of this section. If at any time during the utility construction/maintenance, the county engineer finds that the permit conditions have been violated, the county engineer may issue an immediate stop work order. The stop work order shall be in effect until the operation is brought into compliance with the permit. Failure to perform satisfactory construction may result in the county's not issuing additional permits to the applicant until deficiencies are corrected.

7.

The attached sketch covering details of this installation is made a part of the permit.

8.

It is expressly stipulated that the permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or to vest any property right in said holder.

9.

Whenever necessary for the construction, repair, improvement, alteration, or relocation of all, or any portion of said road or street as determined by the county engineer, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from said road or reset or relocated thereon, as required by the county engineer and at the expense of the holder.

10.

The permittee shall complete any construction commenced under the terms of this permit within 60 working days.

11.

Applicant declares that prior to commencing work under this application he will ascertain the location of all existing utilities, both aerial and underground, and furnish due notice of proposed work to each utility involved.

12.

It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the county's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume all risk of and indemnify, defend, and save harmless Highlands County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercises by said holder of the aforesaid rights and privileges. During construction, all safety regulations of the Florida Department of Transportation shall be observed and the holder must take such measures, including placing and display of safety devices, as may be necessary in order to safely conduct the public through the project area.

B.

Specific conditions.

1.

The permit authorizes service drops from existing non-permitted lines or cable where construction can be performed without placing additional poles or terminals in the right-of-way. Parallel construction (of service drops only) is permitted. Water and wastewater connections are permitted, but mains may not be extended.

2.

When service drops are made from a previously permitted line or cable, additional poles or terminals may be placed in the right-of-way within the pole or cable lines as defined in this section to facilitate the connection. However, additional poles or terminals may not be placed beyond the original permit limits in any direction. Parallel construction is permitted, but only within the limits of the original permit and only for the purpose of making a service drop. Water and wastewater connections are permitted, but the mains may not be extended beyond the limits of the original permit.

3.

The permittee accepts road maintenance responsibility for any underground crossing for a period of 36 months from the date of construction.

4.

All former state secondary roads (numbered roads) and those roads designated as collectors or arterials by the county's comprehensive plan, as amended, must be crossed using the "Jack and Bore" method and a casing left in place under the road.

5.

No open road cuts are authorized by this permit.

6.

The placing of additional poles or terminals within the right-of-way for any reason other than to facilitate a service drop is not authorized by this permit.

7.

All disturbed area within the public right-of-way shall be restored to its original configuration.

8.

All construction shall conform to the attached sketch and the most current edition of Manual of Uniform Standards for Design, Construction and Maintenance of Streets and Highway, current edition, prepared by the Florida Department of Transportation.

(Ord. No. 05-06-30, § 83; Ord. No. 11-12-04, § 93)

When approved and issued to the UAO, the blanket utility maintenance permit authorizes the maintenance of existing utility construction within county rights-of-way without individual applications for the period October 1 through September 30 of each year. The fee will be as established by the BCC. By accepting the permit, the UAO binds itself to the requirements of the following 11 general conditions and six specific conditions:

A.

General conditions.

1.

The maintenance of existing utility construction shall not interfere with the property and rights of other occupants.

2.

All work shall be done in keeping with standards of the county engineering department and subject to the approval of the county engineer.

3.

All materials and equipment shall be subject to inspection by the county engineer.

4.

During construction all safety regulations shall be observed and the county shall be relieved of all responsibility from damage of any nature arising from this permit.

5.

All county and state property shall be restored to its original condition as far as practical.

6.

All construction shall conform to the standards of this section. If at any time during the operation, the county engineer finds that the permit conditions have been violated, the county engineer may issue an immediate stop work order. The stop work order shall be in effect until the operation is brought into compliance with the permit. Failure to perform satisfactory maintenance may result in the county's not issuing additional permits to the applicant until deficiencies are corrected.

7.

It is expressly stipulated that the permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or to vest any property right in said holder.

8.

Whenever necessary for the construction, repair, improvement, alteration, or relocation of all, or any portion of said road or street as determined by the county engineer, any or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from said road or street or reset or relocated thereon, as required by the county engineer and at the expense of the holder.

9.

The permittee shall complete any construction commenced under the terms of this permit within 60 working days.

10.

Applicant declares that prior to commencing work under this application he will ascertain the location of all existing utilities, both aerial and underground, and furnish due notice of proposed work to each utility involved.

11.

It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the county's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume all risk of and indemnify, defend, and save harmless Highlands County from and against any and all loss, damages, cost or expense arising in any manner on account of the exercise or attempted exercises by said holder of the aforesaid rights and privileges. During construction, all safety regulations of the Florida Department of Transportation shall be observed and the holder must take such measures, including placing and display of safety devices, as may be necessary in order to safely conduct the public through the project area.

B.

Specific conditions.

1.

Maintenance is defined as the repair or replacement of poles, wires, pipes, cables, terminals or other facilities and appurtenances in the same position and of approximately the same size. Construction resulting in an increase in utility capacity is not considered maintenance.

2.

The maximum time that any excavation may be left open for maintenance is one week. When the maintenance will require an open excavation for a longer length of time, a regular utility permit, which explains the necessity, complete with detailed drawings, must be secured.

3.

Maintenance of both the permitted and non-permitted utility construction, including service drops, must conform to the requirements of this permit.

4.

Emergency repair of utilities under both paved and unpaved roads is authorized by this permit. These emergency repairs include open cutting a paved road or trenching across an unpaved road when necessary, but the permittee will first make a diligent effort to notify the county engineer of the emergency. All excavation shall be covered before leaving the work site. No notice is required for work outside the traveled way.

5.

The permittee will repair the road as directed by the county engineer and accept road maintenance responsibility for the repair of the cut or underground crossing for a period of 36 months from the date of repair.

6.

All disturbed area within the public right-of-way shall be restored to its original configuration.

(Ord. No. 05-06-30, § 83; Ord. No. 11-12-04, § 94)

A.

Basic requirements.

1.

The basic requirements governing location of utility installations will be as shown in section 12.14.318 location criteria for utilities, of this [division]. The primary concerns in the design and location of utility installations are the protection of the road facility and the safety of the road user; the design of the utility installation shall give full consideration to these concerns and to economic factors, and it shall employ sound engineering principles.

2.

For the installation of overhead utilities, one side of the right-of-way is usually reserved for communication lines and the other side is reserved for power lines. In situations where underground and overhead utilities occupy the same side of the roadway, the overhead facility should be placed on the outside of the underground facility to provide the maximum possible clear roadside recovery area. In cases where more than one UAO proposes an aerial installation on the same side of the right-of-way, a joint-use arrangement must be agreed to by the UAOs.

3.

Only single pole lines shall be permitted on each side of a county right-of-way. This requirement does not prohibit a single UAO from occupying both sides of the right-of-way when there are no objections from other UAOs, when proper justification is provided to the county, and when there is only one pole line on each side of the right-of-way.

4.

A second pole line to support roadway illumination may be allowed on one side where the need for roadway illumination is properly documented, and provided traffic safety requirements are met.

5.

In cases where the UAOs cannot agree on use of the right-of-way, the dispute shall be referred to the county engineer whose determination shall be final. Either UAO may appeal the county engineer's decision to the BOA as provided for in Appeals, of these regulations.

6.

Scenic enhancement shall be considered on permit applications. The type and size of utility facilities and the manner and extent to which they are permitted along or within county rights-of-way can materially alter the scenic quality, appearance and view of the roadside and adjacent areas. For these reasons additional controls are applicable in certain areas such as recreation areas, public parks, residential subdivisions, and rights-of-way adjacent to these developments and facilities.

7.

New underground utility installations may be permitted within such lands where they do not require extensive removal or alteration of trees or other natural features visible to the road user or do not impair the visual quality of the lands being traversed. New aerial installations are to be avoided at such locations where there is a feasible and prudent alternative to the use of such lands by the aerial facility. Exceptions will be considered only where:

a.

Other locations are unusually difficult and unreasonably costly, or are more desirable from the standpoint of visual quality.

b.

Underground installation is not technically feasible or is unreasonably costly.

c.

The proposed installation can be made at a location and will employ suitable designs and materials which give adequate attention to the visual quality of the areas being traversed.

8.

All new or relocated longitudinal underground utility facilities shall be placed outside the toe of the front slope except where no other safe and practical alternatives are available.

9.

When encasement is used and designed as a pressure vessel, the encasement pipe will have strength equal to or exceeding the carrier pipe; however, where the casing is not a pressure vessel, the casing pipe shall be capable of supporting a minimum external load of 2,200 PSF at 30 inches minimum depth. Gas and liquid petroleum pipelines shall be designed and constructed to conform, with 49 CFR, Part 192, Transportation of Natural Gas by Pipeline or Part 195, Transportation of Liquids by Pipeline, as applicable. The maximum allowable operating pressure for gas mains must be shown on permit applications.

10.

When an emergency condition warrants immediate action by the UAO, such as a break in a fluid or pressure line or any situation creating a danger to the public welfare, the UAO should proceed immediately with repairs necessary to safeguard the public. The county engineer shall be notified as soon as possible but no later than the next scheduled working day. All such final repair work to the county's facilities must be approved by the county engineer. If it is the type of work that would normally require a permit, the UAO will be required to prepare and submit a permit application after the work is completed. In any case, restoration of the right-of-way will be in accordance with all applicable county requirements and at the expense of the UAO.

B.

Crossings.

1.

General. Crossings under existing pavement will be made without cutting the pavement except as provided for in subsection C., pavement cutting, of this section. Underground crossings made by methods other than by open cutting and direct burial shall conform to the provisions of section 12.14.320, Jacking and Boring, of this division. The proposed means of placing the pipe shall be stated on the permit application, and conditions which are generally unsuitable or undesirable for pipeline crossings shall be avoided. Clearance requirements for both aerial and underground crossings are given in section 12.14.318, location criteria for utilities, of this division.

2.

Miscellaneous.

a.

When casings are used for crossings of flammable gases or fluids, the casing should extend to the toe of the front slope and shall be vented at or outside of the right-of-way line. Welded steel pipelines transmitting gas or liquid petroleum may be installed without encasement provided such pipeline conforms with 49 CFR, Part 192, Transportation of Natural Gas by Pipeline, or Part 195, Transportation of Liquids by Pipeline, as applicable. The pipeline shall be designed to withstand internal design pressures and the superimposed loads of the roadway and traffic.

b.

Casing will be required for crossings of underground utilities where the carrier conduit is of insufficient strength due to composition or depth of cover.

c.

Casing will be required for crossings jacked under existing pavement where the carrier is of composition such that it cannot be jacked.

d.

Where it is necessary to place aerial crossings which will interfere with traffic, careful planning of work with regard to the safety of vehicular traffic is mandatory. No temporary supports will be allowed closer than the minimum clearance under section 12.14.318, of this division, unless incorporated with approved barrier systems or other approved work zone traffic control devices.

(1)

No work of this type will commence without a 24-hour prior notification to the county engineer and the Highlands County Sheriff's Department.

(2)

Traffic control shall be in accordance with the Manual on Uniform Traffic Control Devices, current edition, FDOT Roadway and Traffic Design Standards (Index Series 600), current edition, FDOT Standard Specifications for Road and Bridge Construction, current edition and recommendations of the county engineer.

(3)

Flaggers will be posted to warn oncoming motorists during the entire crossing operation.

(4)

Such temporary construction shall be completed in the minimum amount of time possible as approved in the permit.

e.

Where the applicant wishes to connect any surface of subsurface (stormwater) drainage system to the county road system, the applicant shall apply for a permit to allow this connection using the procedures of these regulations. The applicant shall provide for both water quality and water quantity.

3.

Pavement cutting.

a.

Open cutting of existing pavement on county right-of-way generally will not be allowed if any of the following conditions exist:

(1)

The pipe to be placed under the road is six inches or less in diameter.

(2)

The road at the proposed cut location has a minimum five inches shellrock or limerock base.

(3)

The road is a former state secondary road that has been transferred to the county for maintenance (numbered road, i.e., C-621).

(4)

The road is rated good to fair under the county's current road classification policy.

b.

The county engineer may grant an exception to a. Above, and approve open cutting where any of the following exceptions are found to exist:

(1)

The road is on an approved resurfacing list and is scheduled to be resurfaced within 12 months following the date of the proposed cut

(2)

The county engineer determines that existing field conditions prohibit use of the jack and bore method because of certain conditions such as subsurface obstructions, limited space for jacking, high water table, substandard roadway surface, or alternatives are unreasonably costly to the public.

c.

Where open cutting is approved, the county engineer may require that the permittee overlay the complete width of the road with a minimum of one inch of Type S-III asphalt for a distance of 25 feet on each side of the open cut. The applicant shall submit roadway restoration plans, signed and sealed by an engineer registered in Florida, providing details of the proposed cut, backfill, and overlay, all of which are in compliance with the requirements of these regulations. The engineer shall submit an "as built" and a certificate of completion of the road work.

d.

In any analysis of a request for open cutting, primary considerations will be given to the safety and convenience of the public. The applicant shall provide written justification for approval of open cutting.

e.

Before traffic is to be placed on a cut area, a temporary patch with a smooth all-weather surface must be provided.

f.

A county inspector must be on site when an open cut permanent repair is being made.

g.

All open cut road repairs shall be maintained by the permittee for a period of 36 months from the date the repair is completed.

h.

Open cutting of existing paved driveway connections will be permitted, provided that for the convenience of the users, the users are notified and pavement is restored in accordance with this section. Notification may be accomplished by the use of a door-hanger type notice, or onsite signage as appropriate and approved by the county engineer.

i.

Where an open road cut is made under the emergency repair provisions of this section of these regulations, the UAO shall make a diligent effort to notify the county engineer of the emergency. All excavation shall be covered before leaving the work site. Where such emergency open road cut is made, the applicant shall make temporary and permanent repairs according to the requirements of this section and submit "as built" plans and a certificate of completion signed and sealed by an engineer registered in Florida providing details of the emergency cut, backfill, and overlay, all of which shall be in compliance with the requirements of these regulations. Failure of the UAO to make the road repairs and submit required plans and certificates may result in the county's withholding future utility permits until the repairs are completed.

C.

Attachment to structures.

1.

General.

a.

Highlands County may consider allowing attachment to structures to accommodate utility construction under the terms set forth in this section. However, if any of the following conditions would be created by the attachment, the attachment will not be approved:

An obvious hazard to the public will be created.

The integrity of the structure will be affected.

Inspection and maintenance operations of the structure will be unreasonably hindered.

Aesthetics of structures which are located in aesthetically sensitive environments will be adversely affected.

b.

Details of utility attachments including loads, attachment positions, detail dimensions, material type, plans, specifications and corrosion certification forms will be prepared by or prepared under the responsible supervision, direction and control of a qualified professional engineer registered in the State of Florida, unless exempt from registration under F.S. Ch. 471. These plans and specifications shall be signed and sealed by the engineer, and the information shall be suitable for inclusion in the Florida Bridge Management Inventory System (BMIS) file.

c.

Permit applications for installation onto existing structures shall be reviewed by the county engineer. Development of construction plans for the accommodation of utilities onto structures to be constructed shall be the responsibility of the designer and not Highlands County. All details shall comply with the requirements of these regulations.

2.

Responsibility. The UAO is totally responsible for the design, safety, inspection and maintenance of its facilities and supporting hardware accommodated onto county owned bridge structures if the county determines that the utility will be ;accommodated, the county engineer has the responsibility to determine that the UAO has complied with the requirements of these regulations and that the structure will support the utility in addition to other loads in a safe manner, and that accommodation of the utility will not significantly reduce the live load capacity of the bridge. The county engineer is the final authority in all disputes that may possibly develop. The UAO is advised to review the FDOT's Five-Year Work Program and the county's current capital improvements plan to determine if an existing bridge is scheduled to be replaced, rehabilitated or widened.

3.

Criteria. Where attachments are permitted, the criteria listed below must be met as conditions for issuing the permit:

a.

Designs for utility attachments shall be in compliance with all applicable federal, state, and local regulations, rules, and Codes.

b.

No construction or maintenance will be accomplished upon a structure without a written approval from the county engineer or his designee. The UAO or its contractors working within the county's right-of-way shall comply with the requirements of these regulations and with FDOT's Standard Indexes, current edition.

c.

Utilities attached to bridge structures shall maintain a vertical clearance at least equal to that of the structure.

d.

Utility cables or conductors shall be encased in conduit so that maintenance can be accomplished from the ends of the structure.

e.

All electrical cables two KV and above shall be shielded cable with an insulated concentric neutral and be grounded at one end of the bridge.

f.

Metallic pipes or conduits shall be electrically insulated from the structure by redundant insulators. Metallic pipes or conduits shall be supported by insulating pipe roller or specifically designed sliding or elastomeric bearings. Insulating pipe rollers (rollers constructed from dielectric material) shall be used unless the loads will permanently strain the roller material beyond the elastic limit.

g.

All utilities shall be isolated and insulated from the structure to ensure that corrosion cells do not develop because of the attachment of the utility.

h.

Utility attachments should be designed to pass through the backwall of the abutment when practicable.

(1)

Pipe may be routed around the abutment when the abutment backwall design prohibits a pass through due to dimensional constraints, thickness, material composition or reinforcement. The permittee will consult with the county engineer or his designee concerning the county's requirements at each site. Also see subsection 7. of this section concerning thermal expansion.

i.

All pressure lines attached to bridges shall have shut-off systems so that the pipe segment at the bridge can be isolated.

j.

All lines carrying hazardous material (flammable, toxic or corrosive) shall be designed to be in compliance with the U.S. Department of Transportation Pipeline Safety Standards 49 CFR, Part 192 or Part 195, as applicable, for a class four location. Only steel pipe with welded or flanged joints and conforming to AOPI Standards shall be used.

(1)

Accommodation of pipes transmitting hazardous materials with line pressures in excess of 250 psi should be reviewed in light of the added safety concerns. A 250 psi gage pressure is the suggested upper limit of line pressure for attachment to bridge structures. When a bona fide hardship exists, consideration may be given to accommodating transmission lines with pressures exceeding 250 psi.

4.

Location. Utilities should be located underneath the cantilever portion of the bridge structure deck overhang. If unique circumstances exist, attachment to the deck underside at other locations could be considered. Under no circumstances should any UAO be allowed to attach onto bridge girders. Locating the utility under the deck overhang is the best location because it minimizes interference with bridge inspection and future girder maintenance.

5.

Materials. Only materials that are listed on the qualified products list by the FDOTs State Materials Office in Gainesville, Florida, shall be used for utility conduit, pipe coatings and concrete repairs on bridges. Selection of material type is governed by project location. Conduits shall be supported so that long term deflection between supports, when fully loaded, shall not exceed five-eighth-inch. Examples of approved conduits for utility cables or conductors for outdoor exposure locations are listed below.

a.

Fiber reinforced epoxy (FRE) rigid conduit which is listed by Underwriters Laboratories Files E-53373, E-78442 and conforms to the National Electrical Code, Section 346.1.

b.

Polyvinyl Chloride (PVC) Rigid Conduit schedule 40 or 80, which conforms with Underwriters Laboratories Section 651, the National Electrical Code Section 347 and National Electric Manufacturers Association TC-2. For conduit supporting only communications cables, Polyvinyl Chloride "D" duct which meets or exceeds National Electric Manufacturers Association TC-10 is acceptable.

c.

All utility supporting hardware shall be constructed of the same metal material. No combinations of dissimilar materials will be allowed (threaded inserts included) unless the materials are separated by flanged bushings constructed from non-conductive materials. Supporting hardware is defined as any and all threaded inserts, bolts, nuts, washers, hangers, or brackets. Approved materials for supporting hardware are listed below.

(1)

Alloy 6061 T6 Aluminum; 316 Stainless steel; hot dipped galvanized steel in accordance with ASTM Specifications, Structural Shapes A-123; Hardware A-153; Bolts A-307, or other equal materials as determined by the FDOT State Corrosion Engineer.

(2)

All support metal devices, except stainless steel, shall have a minimum thickness of three-sixteenth-inch. The use of threaded inserts cast into the concrete or retrofitting with adhesive anchors are required to attach the utility to the bridge deck. The use of expansion anchors is prohibited.

6.

Corrosion mitigation. All attachments to bridge structures shall be designed to minimize any danger of corrosion activity by stray current flow into the structure from the utility. The utility shall be encased in a conduit constructed of nonconductive material or shall be separated from the supporting hardware by an insulating roller or other nonconductive material. All bolts entering the bridge structure should be separated from supporting brackets by the use of flanged insulating bushings or redundancy accomplished by other means.

a.

Metallic utility pipes shall be supported on insulating rollers or other non—conductive material. Utility pipes transporting fluids and using mechanical joints shall be equipped with joint restraints. Use of pipe couplings, other than expansion couplings (expansion joints), shall be avoided on bridge structures.

b.

If pipe couplings are used, restraint shall be provided to prevent pipe movement at the coupling and the pipe system shall be designed to restrict all movement to expansion couplings. All gas lines or other cathodically protected lines shall be equipped with both insulating joints and electrical test leads at both ends of the bridge.

7.

Thermal expansion. Methods to compensate for thermal expansion, expansion joints or expansion loops, shall be designed for all bridge structure utility attachments except those utility attachments onto structures with an overall length of less than 35 feet. The utility attachment shall transmit no longitudinal or thrust loads to the structure at the abutment. Loads caused by thermal expansion and transmitted to the bridge structure shall be minimized. The expansion method shall be engineered, detailed, and located on the plans when submitted for approval. Adequate supports shall be provided near expansion joints equally spaced each side of and near to the joint, to assure proper alignment of the joint.

a.

Expansion joint details shall indicate joint opening settings which compensate for temperature at the time of installation.

(Ord. No. 05-06-30, § 83)

All right-of-ways shall be restored, as a minimum, to their original condition, in accordance with FDOT Standard Specifications for Road and Bridge Construction, current edition and these regulations, including temporary erosion control methods, and in a manner satisfactory to the county engineer. Pavement restoration should be in accordance with the illustration, pavement restoration detail, in the Highlands County Technical Standards Manual, current edition. In the case of requirement conflicts, the most restrictive and/or stringent shall control. If the permittee fails to restore the right-of-way to the satisfaction of the county engineer, the county engineer may, at his option, repair the right-of-way and submit an affidavit of cost to the UAO or to the State's Attorney Office for collection. The following guidelines are established for this purpose:

A.

All affected side drains, side ditches and storm sewers will be identified and referenced as to grade and location prior to construction.

B.

At each open cut crossing, the backfill material shall be placed and compacted per FDOT Standard Specifications for Road and Bridge Construction, current edition, Section 125-8, and/or per special provision B1210000 (flowable fill). This requirement holds for embankment, subgrade and base. Density tests shall be made by a certified laboratory under the supervision of the permittee's engineer. A copy of all density test reports shall be furnished to the county engineer.

C.

Drawings showing proper replacement must accompany the permit application when open cutting is allowed. Written documentation shall be required showing why deviation from FDOT and/or county requirements should be allowed.

D.

Temporary patches will be maintained to provide a smooth, all weather surface at all times. Temporary patches shall be replaced by permanent patches as soon as all other installation work is completed. The county engineer will be notified 48 hours prior to application of the permanent patch. The permittee will be required to maintain the patch for a period of 36 months after the replacement is completed.

E.

Shoring will be required to conform with the Florida Safe Trench Act requirements where necessary to protect existing pavement, structures, and foundations.

F.

Excavated material in excess of the quantity for backfill in county rights-of-way and considered usable by the county engineer, shall be hauled by the permittee, at his cost and expense, a maximum distance of three miles from the trench excavation and stockpiled in those areas as directed by the county engineer. The county engineer may also, at his discretion, require the permittee to assume ownership of the excess material and dispose it offsite. Excess excavated material considered unusable by the county engineer shall be disposed of at the permittee's expense unless otherwise directed by the county engineer. This subsection does not apply to materials contaminated with hazardous waste or pollutants.

G.

All correspondence regarding construction procedures will be handled directly with the permittee and not through the permittee's consultants, contractors or subcontractors.

H.

At such locations where county signs and/or reflectors will interfere with proposed construction, the permittee will notify the county engineer 48 hours in advance of starting work. All signs and reflectors will be moved or relocated by county forces or as designated on the permit. Any signs or reflectors damaged, destroyed, removed or relocated will be replaced by the county at the expense of the permittee.

I.

All trees and shrubbery damaged or disturbed during construction shall be replaced by the permittee at his expense as directed by the county engineer. Any plants that have been planted by property owners shall be removed and replaced to the satisfaction of the county engineer. All debris shall be removed by the permittee at his expense.

J.

Sodding and, when approved by the county engineer, grassing and mulching operations shall begin within three weeks after utility is installed except in cases of front and back slopes which shall be done immediately. All requirements regarding sodding, seeding and mulching shall be in accordance with FDOT Standard Specifications for Road and Bridge Construction, current edition. Any yard or part of right-of-way in front of private property that has a grass mat will be resodded with like sod, or otherwise to the satisfaction of the county engineer. The permittee shall maintain that portion of the right-of-way affected by the permit installation until acceptable vegetation is established.

K.

The permittee shall immediately cease operations and notify the county engineer, or if on a construction project, the project engineer, if substances or material suspected of being hazardous, asbestos, oil of any kind or in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof, excluding liquefied petroleum gas, are discovered in the portion of the right-of-way where work is authorized by the permit.

L.

The county shall notify the permittee of the suspension or revocation of the permit until contamination assessment and remediation under Rule Chapter 62-770 FAC, has progressed to a state that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of construction and utility work. At that time the county will notify the UAO and provide an opportunity for the UAO to obtain an amended permit subject to any conditions imposed by said environmental regulatory agencies. The UAO shall comply with all conditions of the amended permit.

(Ord. No. 05-06-30, § 83)

A.

Maintenance of vegetation includes any method or technique to alter or regulate the normal growth process of vegetative plant materials within the county rights-of-way. Techniques of manual or mechanical methods or the use of herbicides or plant growth regulators may be allowed on a site specific basis.

B.

For the purpose of this division, vegetation is defined as all trees, shrubs, vines, legumes, grasses or other plant material existing within the county rights-of-way. Safety, aesthetics and the preservation of desired vegetation are prime considerations in the maintenance of vegetation. Vegetation maintenance will not detract from the natural beauty of the roadside and shall not provide or appear as an abrupt change in roadside vegetation conditions. Except for tree trimming in this division, the removal, cutting, marring, defacing or destruction of any vegetation within county rights-of-way is prohibited unless specifically authorized by a utility permit or otherwise by the county engineer. A 48-hour minimum notice shall be given to the county engineer prior to the performance of operations.

(Ord. No. 05-06-30, § 83)

F.S. § 337.405, which regulates the removal or damage to trees in state, right-of-way, is hereby adopted to regulate such removal or damage to trees in county rights-of-way. The trimming of trees where required to ensure and maintain the safe operation of utility facilities is authorized by a county utility maintenance permit, providing such trimming is performed in accordance with recognized and approved principles of modern arboriculture methods with emphasis on tree health. Such trimming shall not damage trees and shrubs that are intended to remain in the work area. All waste and debris associated with the trimming shall be removed from county rights-of-way unless otherwise approved in writing by the county engineer.

(Ord. No. 05-06-30, § 83)

Manual or mechanical cutting of vegetation will be permitted on a routine or periodic basis, provided that the limits of work do not extend beyond the limits necessary for the proper maintenance. Grasses shall be mowed or cut at a height and in a manner that promotes low growing ground cover species. Areas dominant in brush may be cut as close to the ground line as practical. Mowing equipment shall be so equipped and operated in a manner to preclude the throwing of debris that would create a safety hazard. Brush cuttings or debris discharged into the routine maintained limits of the right-of-way shall be removed.

(Ord. No. 05-06-30, § 83)

The use of herbicides or plant growth regulators for the purpose of chemically maintaining vegetation may be approved by the county engineer on a site or location specific basis. Authorization for chemical control will be considered on an individual basis and shall not be interpreted as authorization to extend beyond the specified limits or the provisions of the work. All requests shall be submitted in a written proposal that outlines the extent of the proposed work, the type of herbicides or plant growth regulators including labels and material safety data sheets that are proposed to be used, and the intended timing and techniques of application. The UAOs applicator shall secure all necessary permits from jurisdictional state, federal, and local agencies, and copies of these permits shall be submitted to the county engineer along with the request for the use of chemical control.

A.

When the use of herbicides is permitted for control of vegetation, liability for damage to adjacent property and the county's right-of-way rests solely and entirely with the UAO. The use of herbicides will be authorized only if they are applied as a part of a definite scheduled program intended to control undesirable tree and brush growth.

B.

In the initial application browning of vegetation will be permitted, however, subsequent applications on trees and brush should use individual stem, basal bark or stump treatments. The initial application will be followed by periodic, selective or spot treatments until undesirable tree and brush growth has been replaced by low growing ground covers. No application will be permitted on vegetation greater than three feet in height that will create an undesirable appearance or undesired browning or color change of vegetation. Special height considerations may be given to locations where physical manmade obstructions preclude or prevent the reduction of vegetation to the three-foot height. In no case will applications be allowed at a height of greater than six feet. Vegetation that is to be maintained chemically shall be treated while in the first growing season after mowing or before it has reached a height of three feet. Locations with exceptional rapid plant growth conditions may be exempted provided the dead plant material is removed following successful performance of the herbicides. Herbicide applications that indiscriminately kill grass or other desired vegetation will not be permitted. Uncontrolled or indiscriminate use of highly residual or non-selective herbicides or the use of restricted use herbicides will not be permitted. Application of herbicides that are harmful to existing grasses, legumes or other low-growing ground cover plants will not be allowed on:

1.

Roadway cut or fill slopes, where such vegetation has been planted or has become established naturally.

2.

Roadway shoulders and slopes between the pavement surface and the established county mowing limits.

3.

Other areas where it is evident that mowing is done as a part of routine roadside maintenance or locations where such applications would be detrimental.

C.

Applications that are conducive to the non-selective control of vegetation that will produce undesired bare ground will not be permitted. Individual stem and solid stream treatments that result in spot or narrow band control may be permitted provided that the field conditions and adjacent land use are compatible to such treatments.

D.

Where specific plants have been selected and preserved, they shall be protected against damage by the herbicide treatment of adjacent vegetation. Careless or excess applications will not be tolerated. Special precautions must be taken with all herbicide applications to ensure that they are made in accordance with all environmental considerations and associated regulations.

E.

Personnel shall be trained, experienced, and competent in the particular type of work they are engaged in and licensed according to applicable law. Only experienced personnel having a thorough understanding of herbicide application and the technical complexities in this field of expertise are to be allowed to apply these chemicals.

F.

A complete copy of the records detailing the dates, location, materials, rates, weather and other relevant data shall be maintained by the UAO and provided to the county engineer upon request.

G.

Authorization to control vegetation chemically must be secured in advance, in writing, with 48-hour minimum notice given to the county engineer prior to the application of chemicals. Misuse or unsatisfactory performance results or failure to comply with these provisions will be sufficient cause for the denial of future use of chemicals for vegetation control.

(Ord. No. 05-06-30, § 83)

A.

Background.

1.

Whenever work is done on or near the roadway, drivers are faced with changing and unexpected traffic conditions. These changes may be hazardous for drivers, workers, and pedestrians unless strict protective measures are taken.

2.

Since drivers do not make a distinction between construction, maintenance or utility operations, proper traffic control and safety are needed for all types of work.

3.

Part 6 of the MUTCD, current edition, is the national standard for all traffic control devices used during construction, maintenance and utility activities. Florida has adopted this manual as the state standard to be used on all streets and highways open to the public. As supplements to this Manual the FDOT publishes Roadway and Traffic Design Standards (Index Series 600), current edition and the Standard Specifications for Road and Bridge Construction, current edition.

B.

Traffic control plan. When a permit for utility installation, adjustment, or maintenance activity is required under this section, a proposed traffic control plan shall be submitted with the permit application. Site condition changes that warrant a change to the proposed MOT plan will require the UAO to notify the county engineer. The proposed and final traffic control plan shall be designed in accordance with the standards set forth in the MUTCD, current edition, the FDOT Roadway and Traffic Design Standards (Index Series 600), current edition and the FDOT Standard Specifications for Road and Bridge Construction, current edition.

C.

Training and job control. The UAO is responsible for insuring that each person supervising the selection, placement and maintenance of traffic control devices in utility work zones shall be certified by attending a FDOT approved MOT training course or the UAOs approved training course through work zones. When changes are made to the MUTCD, current edition, Roadway Design Standards (Index Series 600), current edition and/or the Standard Specifications for Road and Bridge Construction, current edition, the UAO will update its training program to reflect such changes. UAOs will furnish the county engineer with a list of all personnel in its company certified in MOT when requested.

D.

Non-compliance. Upon notification by the county engineer of deficiencies in the traffic control plan or other matters involving traffic safety, the permittee shall immediately make improvements as directed by the county engineer. Should the county engineer deem conditions to be such that imminent danger is present, all work shall cease automatically until the conditions are corrected.

(Ord. No. 05-06-30, § 83)

The following location criteria for utilities shall be observed on all county roads:

A.

Utility/light poles. See FDOTs Standard Index No. 700, Design Criteria Related to Highway Safety, current edition.

B.

Parallel (underground). Parallel underground installations require a minimum vertical clearance of 36 inches below top of pavement and 30 inches below existing unpaved ground including ditch grade. In rural areas, every effort will be made to locate utility facilities in areas other than between edge of pavement and toe of slope and as near to the right-of-way line as practical. Minimum depth requirement can vary if utility is buried beneath a sidewalk or bike path.

C.

Crossing (aerial). Aerial crossings are permitted and will have a minimum of 18 feet vertical clearance over the roadway. Other governmental agencies or codes may require a greater clearance for certain voltages. The greater clearance required prevails as the rule.

D.

Crossing (underground). Underground crossings require a minimum vertical clearance of 36 inches below top of pavement and 30 inches below unpaved ground line including ditch grade.

E.

Operating railroad corridors. All utility location criteria shall be in accordance with the criteria set forth by the FDOT Standard Application Package, current edition for operating railroad corridor use and/or occupancy.

F.

Airport/airport properties. All utility location criteria shall be in accordance with the criteria set forth by the airport jurisdiction or as provided in F.S. Ch. 333.

(Ord. No. 05-06-30, § 83)

General requirements for utility construction in county rights-of-way are listed below.

A.

Devices such as signal strain poles, fire hydrants, down guys, telephone load pedestals and other items whose construction and size would cause extensive damage to a vehicle if struck are to be located according to the standards for utility poles. See FDOT's Standard Index 700, current edition, for location criteria.

B.

For the purpose of this section, frangible base poles will be accepted if in accordance with FDOTs Roadway and Traffic Design Standards, current edition.

C.

On projects where the four feet minimum offset would place the utility or other obstruction in substantial conflict with the sidewalk and in the case of power poles, would create an unreasonable conflict with requirements of the National Electrical Safety Code and other alternatives are deemed impractical, the minimum may be reduced to one and one-half feet from the face of the curb. The permittee shall insure that a minimum 36 inch accessible route is maintained as per F.S. § 553.48, and the requirements of the "Americans with Disabilities Act."

D.

Where possible, excavation will not be allowed within eight feet of the edge of the pavement. See section 12.14.320, jacking and boring, of this division.

E.

Clearances for above ground parallel lines will be 16 feet minimum except where the utility line crosses a connecting side road in which case an 18-foot minimum shall be required. This, criteria, shall not be applied to a minor segment of an existing utility installation in such a manner as to result in misalignment of the installation or adjustment of the entire installation.

F.

The roadside clearances for above ground utility facilities shall be consistent with those clearances applicable to other roadside obstacles on the type of highway involved, reflecting good engineering and economic considerations.

G.

Where feasible and practical, luminaries should be attached to utility poles which otherwise meet the offset criteria, thereby eliminating unnecessary number of poles along roadway facilities.

H.

Manholes shall be outside the traveled lanes, to the greatest extent possible. The manhole ring, cover and pad must support the traffic for the area where it is being constructed and be finished flush with the existing grade.

I.

Out of service or deactivated underground utility facilities must be removed under the permit conditions, but may be permitted to remain in place provided no future operations of the county are affected, as decided by the county engineer or his designee. As a condition of permit for such facility, the UAO shall submit and maintain survey records of their location and type of material. Such underground facilities shall be shown on utility relocation plans required by the county. The county reserves the right to require the UAO seeking to leave its deactivated underground facilities within the county right-of-way, to be responsible for any costs, claims, damage, or injury, which result from said UAOs facilities and to enter into an agreement for the same.

J.

Deactivated underground gas lines shall be shown on the utility relocation plans and shall be deactivated in accordance with 49 CFR, Part 192 and the rules of the public service commission.

K.

Appurtenances.

1.

Should be aesthetically acceptable and in compliance with industry standards

2.

Shall be placed so as to provide minimum interference to traveling public and road maintenance operations

3.

Must not conflict with other existing facilities

4.

Shall be located as close to the right-of-way limits as practical.

L.

If any utility relocation is necessary to provide entrance to the roadway from adjacent property, the relocation expense should be borne by the secondary permittee and the permittee shall not interfere with the rights granted to any prior permittee. (This provision does not apply to public designated rights-of-way connecting to county roads, i.e., other county roads, city streets, state parks). If a dispute arises, the relocation expense should be considered a matter between the property owner and the prior permittee. In the case of an appeal, the final location will be determined by the county engineer whose decision may be appealed to the BOA as provided in section 12.04.119 appeals, of these regulations.

M.

With the exception of utility or single pole appurtenances mounted 15 feet or higher above the ground, appurtenances larger than eight cubic feet must have their location and size, in cubic feet, shown on the permit.

N.

Underground appurtenances less than 30 feet from the edge of pavement, excluding those considered not in traffic areas of curb and gutter sections, shall be designed to carry traffic. Those located in non-traffic areas of curb and gutter sections and those located greater than 30 feet from the edge of pavement shall be designed to support the county's maintenance equipment. The minimum wheel load, underground appurtenances should be designed for is 16,000 pounds. This value in no way guarantees the UAO that these appurtenances will not be subject to grater loads.

O.

Installation of above ground appurtenances larger than 80 cubic feet and any size appurtenances, which do not meet these guidelines must be submitted to the county engineer.

P.

All new or replaced underground facilities within the right-of-way shall be detectable.

Q.

The removal, encapsulation, or enclosure of materials containing asbestos may require a licensed consultant/contractor under F.S. §§ 455.301—455.309.

(Ord. No. 05-06-30, § 83)

A.

Purpose. The purpose of this section is to expand and standardize the guidelines pertaining to underground utility crossings by methods other than open cutting. The guidelines contained herein are intended solely to prevent unnecessary failures and to provide sufficient detail to insure uniform application of the guidelines.

B.

Scope. The guidelines set forth in this division are to regulate and control all aspects of underground utility crossings by jacking, driving, pushing, boring, tunneling, pulling, or combination thereof and other methods except open cutting or trenching. The guidelines established herein are to provide such regulation and control and are not intended to provide complete step by step instructions for a proper underground crossing operation. These guidelines do, however, specify a wide range of procedural precautions necessary to insure that the very basic, essential aspects of a proper crossing operation are adequately controlled. In all cases the ultimate success or failure of a crossing will depend upon the experience and skill of the permittee or permittee's contractor. Furthermore, the wide range of possibilities concerning job site conditions, economics and future technological improvements dictate that this division be used as a guide. However, strict adherence shall be required under specifically covered conditions outlined herein.

C.

Material. All material used in the execution of work authorized by the utility permit shall be as described in this section.

1.

Encasement material including material for uncased carrier pipe.

a.

Composition and strength. All casings shall conform to the applicable ASTM standards and additional requirements listed below.

(1)

The material must be chemically compatible with any material it is to transport or otherwise contact.

(2)

Unless otherwise tested and approved by the county engineer prior to beginning work, all encasement pipes or uncased carrier pipes shall be new and of round, smooth wall, leak proof construction. Used pipe in good condition may be used if approved by the county engineer prior to beginning work.

(3)

The use of casings (not encased carriers) with wrapped protective coverings will not be allowed.

(4)

Plastic pipe. Plastic pipe may be installed by jacking and boring except when used as pressurized carrier pipes containing gases or fluids. Closed end jacking of plastic pipe, or open end jacking without an auger for continuous cleanout of the bore as the jacking progresses, will not be allowed.

_____

(5)

Plastic pipe must meet or exceed the following strength and composition standards:

_____

(6)

For all plastic pipe used, an air pressure test for leaks shall be conducted in the presence of the county engineer or his representative immediately upon completion of each crossing at a minimum test pressure of 20 psi. The test shall be abandoned, if in the opinion of the county engineer, the leaks are potentially damaging to the roadway. Either of the two test methods outlined below will be satisfactory.

(a)

Standard 24 pressure test with recording chart.

(b)

Pressure test utilizing a dragnet type leak detecting device, or other equivalent testing equipment capable of detecting pressure drops of one-half psi. Length of test is to be recommended by the testing equipment manufacturer for the conditions of the particular job.

(7)

Immediately following the pressure test, the results shall be furnished to the county engineer or his representative. Leaking pipes that cannot be repaired to meet pressure tests are to filled with concrete by pressure grouting or other approved means and placed out of service if in the opinion of the county engineer the leaks are potentially damaging to the roadway.

2.

Length. Casings and uncased carrier pipes shall be of sufficient length to extend under all pavements and in no case shall the end of the casing be closer than eight feet from the pavement edge, or four feet from back of curb plus additional length as necessary to extend to the excavated slopes of the jacking and receiving pits. Slope requirements are detailed in section 12.14.320.F. 2.d. jacking pits, of this section. The ends of casings for flammable materials shall be no closer to the pavement edge (including paved shoulders) than the toe of the front slope.

3.

Joints and couplings.

a.

Steel pipe.

(1)

Couplings. Couplings shall be tight, tack welded if necessary, and sufficiently rigid (no noticeable movement in joint) to prevent misalignment during driving or pushing operation. Tack welding of couplings is only required where necessary to ensure the integrity of the joint.

(2)

Welded joints. Joint welds shall be made in a neat workmanlike manner by a certified welder and shall be air tight and continuous over the entire circumference of the pipe with a bead equal to the minimum wall thickness, and shall increase the outside diameter by no more than three-quarter-inch total.

b.

Plastic pipe.

(1)

Couplings. Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type being used.

(2)

Joints. Plastic pipe joints shall be made in accordance with applicable ASTM standards. In all cases, the joints shall be made sufficiently strong to withstand the stresses of jacking, with joints completely set and cured prior to placement of the pipe.

c.

Coupling thickness. Coupling thickness shall be such that the overall casing diameter is increased by no more than three-quarter-inch total. All couplings shall be leak proof.

4.

Drilling fluids. If drilling fluids are used to lubricate the auger and facilitate the removal of cuttings, they shall consist of a mixture of water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. Plain water may be used if appropriate under the conditions outlined in section 12.14.320.F.2.f., (50(b)2.) of this section.

5.

Shoring and bracing material. Materials used for sheeting, sheet piling, cribbing, bracing, shoring and underpinning shall be in good serviceable condition, and timbers shall be sound, free from large or loose knots and of proper dimensions, as required by OSHA regulations.

D.

Equipment. In keeping with the overall objective of this section, this section is intended to set forth guidelines for the use of equipment solely to prevent unnecessary stoppages and subsequent damage to the roadway. All equipment used in the execution of work covered under the utility permit shall have the built-in capacity, stability and necessary safety features required to fully comply with the specifications and requirements of this section without showing evidence of undue stress or failure. It shall be the responsibility of the permittee to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result because of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair is likely to be necessary during the crossing.

1.

Auger power units. These are power units providing rotational force to the cutting head and/or the auger used to remove spoil material as the bore progresses, and may also provide power for jacks used to push the casing. Power units shall be in proper operating condition and shall have sufficient power to satisfactorily complete the proposed crossing according to the manufacturer's recommendations.

2.

Augers. These are screw-type steel drive tubes or shafts with one male end and one female end for coupling and welded steel fighting (threads).

a.

Auger shafts shall be straight and otherwise undamaged.

b.

Fighting shall be undamaged and securely welded to the body of the auger shaft and be continuous with no gaps from end to end of each auger section.

3.

Cutting heads. These are boring attachments fastened to the leading end of first auger section equipped with special teeth, bits, blades, chippers or cutters used to cut or chip away rock or hard soils in advance of auger.

a.

Cutting heads shall be undamaged and have no missing or broken teeth or bits.

b.

Pinned or hinged wing cutters must be constructed in such a manner as to ensure over-boring does not exceed limits specified in section 12.12.320.F.2.e.(4), methods of reducing skin friction, of this section.

4.

Auger tracks. These support the boring machine and provide line and grade control.

a.

Tracks shall be straight and otherwise undamaged with no broken welds.

b.

Tracks shall be constructed so as to remain rigid at joints and allow no appreciable flexing as power unit passes.

5.

Jacks. These are hydraulic, mechanical, or manual power units providing horizontal thrust for pushing casing or carrier pipe. Jacks shall have sufficient power to satisfactorily complete the proposed crossing according to the manufacturer's recommendations.

a.

Hydraulic. Hydraulic jacks shall be in sound operating condition. Hoses shall not be cracked or split; all couplings and fittings shall be tight and entire system reasonably free from leaks. Hydraulic cylinder rods should be clean and smooth to prevent damage to cylinder seals.

b.

Mechanical. Mechanical jacks include manual, power drive, and ratchet type jacks, and winch and pulley systems. All mechanical jacking systems shall be in sound operating condition with no broken welds, excessively worn parts, broken teeth, or badly bent or otherwise misaligned components. All ropes, cables, clamps and other non-mechanical but essential items shall be in sound condition.

c.

Other. Devices or systems for providing horizontal thrust other than those previously defined in the preceding section shall not be used unless approved for use by the county engineer prior to commencement of work. Consideration for approval will be made on an individual basis for each properly permitted crossing. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the crossing satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the job. Jetting or water sluicing methods, jetting with compressed air, or boring or tunneling devices with vibrating type heads that do not provide positive control of line and grade shall not be allowed.

6.

Anchors and braces. These are jacking bases or deadmen used to provide a rigid base from which the horizontal thrust from the jacking unit is transferred to the casing. The jacking base or dead man must be sufficiently strong to withstand the pressures generated by the jacking unit throughout the jacking operation without appreciable movement or deformation.

7.

Dewatering equipment. Equipment used to evacuate ground and surface water from jacking and receiving pit areas and along the path of a proposed bore.

a.

Pump. The pump shall be in proper operating condition and of sufficient capacity to satisfactorily dewater the pit and bore areas under the conditions of a particular job.

b.

Header line. This line is a collector pipe connecting the pump with individual swing joints, risers and well points in a well point dewatering system. Header line shall be straight, free from large dents, kinks, or cracks and sufficient in size to pass the anticipated flow.

c.

Swing joints or half swings. These are hoses or pipes that connect individual well points and risers to the header line. Swing joints shall be undamaged and feature a workable stop cock or equivalent device for controlling air intrusion into the system.

d.

Risers . These pipes connecting well points to swing joints should be reasonably straight and otherwise undamaged.

e.

Well points. These connect to the bottom end of a riser pipe and are perforated and screened to draw water from surrounding area without allowing the intrusion of soil. Well points must be undamaged with clear and unclogged screens.

8.

Directional boring. A directional bore must use an auger or mechanical cutting type head and shall be controlled as to depth and angle while boring. The distance between the top elevation of the bore (pipe) and the surface must be at least three and one-half times greater than the outside diameter of the bore (pipe). In all cases, the top elevation of the bore (pipe) must be equal to or greater than the requirements found elsewhere in this section. When directional boring is used, the UAO shall furnish the county engineer with elevation readings every five feet on the "as built" drawings, or as otherwise directed by the county engineer. The maximum diameter on any directional bore or pull back can only be up to six inches inside diameter unless approved by the county engineer or his designee.

a.

Horizontal boring equipment. This equipment includes locking devices, surveying instruments, power plants, hydraulic motors and attachments as mud mixing units and related equipment.

b.

Proof of competence. The UAO shall require all directional boring contractors to provide proof of competence from the FDOT before any permit could be approved.

NOTE: A county inspector should be on job sites for all directional bores crossing a county roadway.

9.

Other equipment. Any equipment used on the job that has not been defined and covered previously in this section must be in proper working order and otherwise conform to the requirements as outlined in this section.

E.

Personnel requirements.

1.

A responsible representative of the permittee must be present at all times during the actual crossing operation on all crossings.

2.

The permittee or the permittee's contractor shall have a sufficient number of competent workers on the job at all times to insure the crossing is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation must be on the job site at the beginning of work. These shall include, where applicable, boring machine operator, certified welder(s) for joining additional casing sections, crane or lift operator for removing spoil material, and laborers as necessary for various related tasks. A competent and experienced supervisor representing the contractor, who is thoroughly familiar with the equipment, and type of work being performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the job site during the actual crossing operation.

3.

As stated in the utility permit, the office of the county engineer must be notified 24 hours in advance of starting work. In addition, the actual crossing operation shall not begin except as otherwise allowed by this section until the county engineer or his designee is present at the job site and agrees that proper preparations for the crossing have been made. The county engineer's approval for beginning the crossing shall in no way relieve the permittee of the ultimate responsibility for satisfactory completion of the work as authorized by the utility permit. The county engineer or his designee must be present on the job site at all times during the actual crossing operation on "major crossings", or where plastic pipe is used.

4.

It shall be the responsibility of the county to provide inspection personnel at such times as appropriate without causing undue hardship by reason of delay to the permittee or the permittee's contractor. If the permittee or permittee's contractor fails to begin the crossing operation at the agreed time, the county engineer or his designee will establish the next mutually convenient time to begin. On the other hand, the permittee or permittee's contractor shall not be required to delay the operation beyond the agreed starting time if the county fails to have its representative present at that time. To avoid undue hardship on either party, reasonable and mutual cooperation should be exercised where starting times are concerned. If one party fails to meet the agreed schedule, the other party is expected to consider a delayed start if the crossing can be completed during daylight hours in keeping with the requirements of section 12.14.320.F.2.(f), crossing operation, of this section.

F.

Procedure.

1.

Safety. Erection or installation of appropriate safety and warning devices shall be complete prior to beginning work. See section 12.14.317 of this division for MOT requirements.

2.

Subsurface soil and drainage investigation.

a.

In general, the greatest influences on the success or failure of an underground crossing are the existing subsurface soil and water conditions. To correctly plan individual crossing procedures such as de-watering, use of cutting heads, and positioning of auger within the casing, and to accurately locate potential problem areas, a subsurface investigation must be made by the permittee or permittee's contractor.

b.

Prior to beginning work on "major crossings," and when requested, the permittee must submit to the county engineer a report of subsurface soil and ground water conditions as they exist in the area of the jacking pits and along the path of the proposed crossing. The purpose of the report is to insure that the subsurface conditions are known to the permittee or his contractor and his proposed crossing procedure is based on factual information. The report must be in writing and contain:

(1)

General classification of soils along the path of a proposed crossing.

(2)

Ground water elevation(s) along the path of a proposed crossing.

(3)

Location and size of underground utilities or obstructions discovered during the investigation that were not shown, or were shown inaccurately on the utility permit sketch.

(4)

Invert elevations of proposed bore, and existing utilities and obstructions.

(5)

Jacking and receiving pit floor elevations(s)

(6)

Profile drawing showing roadway cross section and subsurface conditions such as location, cover, diameter, type of material and carried product of all known existing utilities along the path of a proposed bore, with pertinent information clearly labeled and dimensioned

(7)

Project identification and testing log.

(a)

Utility permit number and location of project.

(b)

Name of person collecting data, firm employed by, and position with firm.

(c)

Dates and times of ground water observations including the time and date the test hole was made.

(d)

Equipment used in making the tests.

(e)

Comments and pertinent information not shown in the body of a report, including any information concerning the subsequent design of a de-watering system that might not have any other effect on the proposed crossing procedure.

I.

For example, a thin but impervious layer of clay that would have little or no effect on jacking procedure itself could indicate a perched water table that would certainly have to be considered in the design of a de-watering system.

II.

The purpose of the subsurface investigation report must be considered foremost in collecting the required data. The detailed classification of soils necessary for most engineering purposes would be difficult to interpret and relate to the job at hand from a boring contractor's view-point.

III.

Therefore, rather than utilizing one of the several formal soil classification systems currently in use, the data should be separated into broad categories of materials that have a direct and clear bearing on what procedure should be followed on an individual crossing.

IV.

The determination of ground water levels is an important aspect of a sub-surface investigation. Saturated soil conditions along the path of a proposed crossing dictate a crossing procedure quite different from that of a crossing through dry materials. Every effort should be made therefore, to secure accurate and complete water table information.

V.

The method of obtaining the required data will vary depending upon the type of roadway facility and the nature of the utility involved; for example, for small diameter crossings under rural two lane roads where solid conditions are not subject to great variation, a test hole on either side of the pavement made with a post hole digger or hand auger might be sufficient.

VI.

The other extreme would be a large diameter bore under a multilane facility in an urbanized curb and gutter section where the possibility of a damaging and possibly hazardous failure due to unknown subsurface problems requires that considerably more effort be made in the subsurface investigation. Core borings through the pavement slightly offset from the proposed bore might be in order. The corings would be spaced at intervals dictated by sound local practice that will produce an accurate profile of subsurface conditions.

VII.

Corings through pavement would be unnecessary in areas known to have no significant soil variations; however, when pavement coring is in order it shall be done by qualified persons with appropriate equipment and with the test holes being properly refilled and patched at the end of each operation.

VIII.

If de-watering is required, (see section 12.14.320.F. 2.c.) one test hole on either side of the pavement and in median areas where applicable, shall be cased for use as piezometers to monitor ground water levels during the actual crossing. The casings will be allowed to protrude above ground only when adequately delineated and while work is in progress.

IX.

Prior to conducting a subsurface investigation, the proposed means of obtaining the required data and corings through any paved area must be approved in advance by the county engineer.

X.

If the subsurface conditions are known to the permittee or his contractor by previous work done in the immediate vicinity of the area, the information can be recorded in the subsurface investigation report with no physical testing required.

XI.

If the permittee or permittee's contractor is not adequately equipped or experienced to satisfactorily meet the requirements of this section of these regulations, or if preceding subsurface investigation reports as submitted for previous jobs proved to be significantly inaccurate, the county engineer may require that the subsurface investigation and report be done by the permittee's choice of reputable soils engineering firms experienced in the type of work herein required.

c.

De-watering. This process is the evacuation of ground and surface water from jacking and receiving pits and from the path of a proposed crossing.

(1)

Where the ground water level is above the invert of the proposed crossing, or above the floor level of the jacking pits, de-watering is necessary to reduce the water level to below the jacking pit floors and the invert of the proposed crossing, and must be designed, installed and in operation prior to beginning the crossing as follows:

(a)

On all "major crossings" except where rock is present throughout the length of the bore and no likelihood of sand pockets exists

(b)

On a crossing not otherwise classified as major where the existing groundwater level and particular soil type involved indicated that excessive flowback of spoil material as the jacking progresses is likely.

(2)

De-watering shall not be necessary where remote-powered hydraulic equipment is used to make the crossing underwater.

(3)

When de-watering is necessary, and if requested, a plan showing the proposed method must be submitted to the county engineer prior to beginning work. It must be in writing and should be included with the subsurface investigation report. The de-watering report shall contain where appropriate:

(a)

Plan and profile drawing of the area to be de-watered, showing:

I.

Location on plan view of pumps, headers, well points, berms, sump holes, discharge points and their relationship to the roadway, jacking pits and path of the proposed crossing.

II.

Elevations or depths on profile view of the same features and equipment as above.

(b)

Project identification and system design information as follows:

I.

Utility permit number and location of project.

II.

Name of person who designed the proposed de-watering system, firm employed by, and position with the firm.

III.

Data upon which the design is based.

i.

Subsurface investigation as previously required.

ii.

Previous experience in the same area.

iii.

Other data (describe).

IV.

Party responsible for operation and maintaining the proposed system.

V.

Comments and pertinent information not otherwise given.

(4)

The importance of a properly functioning de-watering system cannot be overemphasized. If the permittee or his contractor does not possess the experience and expertise necessary to properly design, operate and maintain the de-watering system as dictated by individual project conditions, the county engineer may require that the system be designed and/or operated by the permittee's choice of reputable firms specializing in de-watering operations. De-watering systems shall be in conformance with all applicable federal, state, county, and local pollution control and environmental protection regulations.

d.

Jacking pits. These are excavated areas from which jacking and receiving operations are accomplished.

(1)

Jacking pit excavation. Pit excavation shall be no closer than eight feet from the roadway pavement edge or four feet from back of curb, whichever is applicable. When deemed necessary for safety, the county engineer may require a greater distance than eight feet from the edge of pavement.

(a)

The pit dimensions shall be large enough to provide a safe, adequate working area with slopes no steeper than allowed by the Florida Safe Trench Act.

(b)

All soil classifications shall be the same as OSHAs.

(c)

Slopes shall extend from the proposed casing invert elevation to the existing ground level. Slopes are not required in solid rock.

(d)

If slopes are not used, the pit walls shall be shored, sheeted, braced or otherwise supported by means of sufficient strength to protect the employees and inspectors working within them.

(2)

Pit floor stabilization. Where necessary to insure a solid, stable base for boring machinery, some means of stabilizing the pit floor must be provided. Stabilizing may vary, depending upon job site conditions, from timber supports under tracks, addition of clean sand or gravel to pit floor, or in some cases construction of concrete slabs on the pit floor. All stabilizing materials other than sand, gravel, and like materials must be removed upon completion of the project.

e.

Equipment set-up.

(1)

Aligning and leveling of auger tracks. To properly control line and grade during the crossing operation, it is imperative that the jacking unit tracks be rigidly set to the predetermined level and alignment requirements of the job. Control should be insured by the use of appropriate engineering instruments.

(2)

Auger and casing section lengths. These should be determined prior to beginning the crossing operation to insure that the leading end of the first casing section will not be under, or within three feet of, any roadway pavement when the crossing operation is halted to join new auger and casing sections.

As an exception, in areas where jacking pit space is restricted by narrow county right-of-way, or obstructions and will not allow continuous operations under paved areas as stipulated in this section, all preparations for adding additional casings and augers should be made prior to stopping under the pavement and joint made as quickly as possible.

(3)

Exceptions. Crossings made by closed end jacking method or crossings made in materials other than loose unstable soils, are not subject to the provisions of this section.

(4)

Methods of reducing skin friction. Friction between the outer surface of the casing and the surrounding soil may be reduced by increasing the diameter of the casing hole by no more than three-quarter-inch greater than the outside diameter of the casing itself, and may be accomplished as described below.

(a)

Over-boring. Use of a cutting head with an overall diameter of no more than three-quarter-inch greater than the casing diameter. Maximum diameter includes wing cutters which must be securely blocked to limit the overall diameter in order to meet this requirement.

(b)

Use of bands. Couplings, collars or welds will be allowed, provided the casing diameter is increased by no more than three-quarter-inch. Any such device or method used shall be rigidly affixed and shall in no way weaken the leading edge of the casing. Collars and couplings used to reduce skin friction on steel pipe must be welded in place when cutting heads are used, eliminating the possibility of the cutting head unscrewing or dislodging the collar or coupling during the operation.

(c)

Use of lubricating materials on the outer surface of the casing to reduce skin friction is acceptable, subject to the requirements of the Florida Department of Environmental Protection.

(d)

Flaring of the casing end will be allowed provided that the original casing diameter is exceeded by no more than three-quarter-inch.

(5)

Any cuts, tears, or cracks made to facilitate flaring shall be repaired and reinforced by welding to ensure that the strength of the flared section is equal to or greater than the original section. The use of a misaligned, undersized auger to cut an oversized hole is prohibited.

(6)

Relationship between auger or cutting head to the leading end of the first casing section. The leading end of the first casing section shall be straight cut ninety degrees to the centerline of the casing; and the distance between the back of the cutting head or leading edge of the first bare auger section, to the leading end of the casing shall be as follows under the appropriate soil condition.

(a)

Rock. On crossings made through solid rock, where the cutting head must precede the casing, the space between the back of the cutting head and the end of the casing shall be limited to the clearance necessary to allow the cutting head to function without coming in contact with the end of the casing.

In areas where sand pockets may be encountered the cutting head must be constructed so that it can be retracted into the casing, to within the limits specified below for the particular material encountered.

(b)

Hard pan, clay, hard sand-clay and stable cohesive soils. As in rock, the cutting head should normally precede the casing but the type of cutting head used must allow no more than two inches between the back of the head and leading end of the casing. Cutting heads with cylindrical, pointed chippers designed for use in solid rock shall not be used.

(c)

Loose, unstable soil. The distance between the leading end of the first auger section and leading end of the casing shall be as necessary to maintain a solid plug of spoil material inside the forward portion of the casing.

(d)

For casing diameters eight inches or greater, the minimum space between the leading end of the auger, or cutting head as allowed below, and the leading end of the casing shall be no less than one-half the casing diameter. However, the setback shall be increased if necessary to prevent undue flow back of the spoil material. No setback is required for casing diameters less than eight inches.

(e)

Cutting heads may be used only where the subsurface investigation report or other reliable information indicates the likelihood of encountering a very hard soil, strata, rock, or other obstructions such as tree stumps, and it is determined prior to beginning work that the area of difficulty may be passed by the use of an appropriate cutting head. The cutting head shall remain inside the casing as outlined above except during the passage of such obstructions.

(f)

On large diameter jacked crossings where cleanout of the bore is accomplished by special digging machinery or by hand, the distance between the leading end of the casing and the actual cleanout operation shall be no less than that necessary to insure that voids will not form around the outside of the casing.

(g)

The use of tunnel liners will be allowed only where the installation method and soil conditions insure that voids will not be formed around the outside of the liner during installation.

(7)

Auger size and spacing. The leading auger section used in conjunction with a cutting head must be full-sized having an outside diameter not less than the inside diameter of the casing less the amount needed to provide the minimum working clearance necessary. In no case shall the auger diameter be less than one-half inch smaller than the inside casing diameter unless some other positive means of restricting the movement of the cutting head as previously required is assured. Less than full-sized augers that are large enough to remove spoil satisfactorily will be allowed when the auger is not used in conjunction with a cutting head and is to remain within the casing at all times, except as follows:

(8)

Steel shelving. Steel shelving welded inside the casing at the leading end to prevent undue flowback of spoil material, must be approved by the county engineer or his designee prior to use. The casing, auger and cutting head requirements specified for the most restrictive condition to be encountered shall govern the set-up procedure for a particular crossing.

f.

Crossing operation.

(1)

The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as allowed by (2) below.

(2)

In emergency situations, or where delay would increase the likelihood of a failure, night time work will be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the county engineer agrees that the delay was caused by reasonably unavoidable circumstances, when such nighttime work is necessary to avoid placing an undue economic hardship on the permittee or his contractor.

(3)

Planned nighttime work is expressly prohibited and will not be allowed except as allowed in the special conditions of the utility permit.

(4)

Any nighttime work shall be in strict conformance with section 12.14.317 maintenance of traffic, of this division.

(5)

Crossing operation requirements under the appropriate method used and subsurface conditions are as follows:

(a)

Driving or jacking, without auger. For casings with outside diameters of three inches or less, at a minimum depth of 36 inches, and up to five inches outside diameter for depths of cover exceeding six feet, closed end jacking or driving is permitted.

(b)

Hydraulic or mechanical jacking, with auger. The use of an auger is required by the county on all crossings using casings greater than five inches outside diameter (greater than three inches outside diameter if less than six feet deep) and is intended to prevent the formation of a rigid plug of spoil material at the head of the casing.

I.

If a drilling fluid is used to lubricate the outside of the casing, or the auger and cuttings, it shall not be pumped under pressure great enough to cause any jetting action whatsoever, or to otherwise saturate the soil ahead of the casing.

II.

External drilling fluid carriers shall be no larger than three-quarter-inch O.D. and must be permanently fastened to the casing with the leading end shielded from damage.

III.

In soils with a, high clay content only, plain water may be used to clean the augers as necessary to prevent binding. When plain water is used, it must be hand pumped or gravity fed through a carrier pipe permanently and securely fastened to the casing.

IV.

The point at which the water enters the casing shall be no closer to the leading end of the casing than one-half the casing diameter or 12 inches, whichever is less.

g.

Equipment breakdowns or other unforeseen stoppages.

(1)

If forward motion of the casing is halted at any time other than for reasons planned for in advance (addition of casing and auger sections, etc.) and prevention of voids under paved areas cannot be assured, the casing must be filled with concrete by pressure grouting as soon as possible and abandoned. If removal of the augers from a casing to be abandoned will allow voids to form under paved areas at the casing head, the augers must be abandoned also.

(2)

When an obstruction is encountered that cannot be passed or an existing utility is damaged, cutting of the pavement for inspection will be approved by the county engineer, but only after careful consideration if all pertinent facts indicate that such action would offer the most practical solution to the problem for all parties concerned. Any such authorized pavement opening shall be performed and repaired according to the requirements of section 12.14.311 of this division, pavement cutting.

h.

Permit on job site. A copy of the approved utility permit and plan sheet(s) with the county approved MOT plan shall be kept by the permittee or permittee's contractor at the job site at all times. If a subsurface investigation report and/or de-watering plan is required, they too shall be kept at the job site along with the other required documents, and shall be shown to the county's representative upon request.

G.

Waiver of requirements. The requirements and recommendations contained in this division are appropriate for the most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of a crossing failure. Any such alteration or waiver shall be based on sound engineering judgment and must be fully documented. The applicant may also appeal any decision of the county engineer to the BOA as provided in section 12.04.119 of these regulations.

H.

New techniques. Notwithstanding the provisions of this section relating to jacking and boring, other methods and techniques for installing utility crossings may be used subject to the approval of the county engineer on a case by case basis.

(Ord. No. 05-06-30, § 83)

A.

Bridge attachment guidelines. Listed below are guidelines to assist in the proper design of bridge attachments regarding corrosion certification. These basic criteria are used to minimize the amount of corrosion interference resulting from the attachment of utilities to bridge structures.

1.

Provide a dielectric barrier between the utility and bridge structure which will insulate them electrically. This objective can be accomplished by using a non-metallic material for mounting hardware, supporting the pipe on an insulating pipe roll, encasing the utility in non-metallic pipe or providing a coating or wrapping such as neoprene between the utility and the mounting hardware. Additional precautions shall be taken by avoiding contact between metal components in the bridge and metal inserts and anchor bolts. Where the pipe or utility is mounted on saddles and guides to allow for movement, additional provisions should be made to compensate for wear. All contact between dissimilar metals should be avoided.

2.

The installation of insulating joints in the utility on each end of the bridge structure will help reduce the possibility of corrosion interference. Electrical test leads installed on each side of an insulated joint will provide the necessary means for periodic testing.

3.

One utility shall not have electrical continuity with another in any of the sections attached to the bridge. Individual isolation will allow for correction of future problems which might occur and will expedite periodic maintenance checks and tests.

4.

Where the utility passes through any part of the concrete bridge structure into the soil or water, provisions shall be made to separate the contact area. This task can be accomplished by installing a non-metallic sleeve through the concrete or by wrapping the utility with a mastic or neoprene material. Consideration should be given to separating the utility and concrete in buried thrust blocks.

5.

Selection of the proper materials is extremely important. Corrosion resistant material, such as stainless steel or galvanizing, for mounting hardware is necessary. It is the responsibility of each permittee/UAO to install and maintain its facilities and not create undue maintenance problems for other utilities or the bridge structure. Such conditions as rust streaks, discoloration and deterioration can be eliminated through proper material selection.

B.

Coating system for pipe attachments.

1.

Coating requirements. Materials and procedures described in subsections a. through d. should be used for potable water mains attached to bridges and bridge appendages. Materials and procedures described in subsections a. through c. should be used for gas, central wastewater or other ferrous piping systems attached to bridges and bridge appendages.

a.

Surface preparation. Near white metal blast cleaning with silica sand (1.0 to 3.0 mil anchor pattern) according to SSPC-CP 10-63.

b.

Exterior metal surface (excluding pipe flange face).

(1)

Primer coat. 3.0 mils to 5.0 mils (dry mils) of a two package self-curing alkyl silicate inorganic zinc rich primer (80 percent to 85 percent metallic zinc in cured dry film);

(2)

Intermediate coat. 4.0 mils to 6.0 mils (dry mils) of catalyzed polyamide epoxy (white)

(3)

Top coat. 2.0 mils to 4.0 mils (dry mils) of catalyzed aliphatic polyurethane (grey color matching color no 36622 of the Federal Standard No. 595a). Color banding should be used at the abutments and at 500 feet intervals along pressure pipe. This band, six inches wide, should conform with OSHA color codes according to the material being transmitted.

c.

Pipe flange face primer coat. 3.0 mils to 5.0 mils (dry mils) of a two package self-curing alkyl silicate inorganic zinc rich primer (80 percent to 85 percent metallic zinc in cured dry film). No intermediate coat or topcoat should be applied to the pipe flange face.

d.

Internal metal surfaces. Internal metal surfaces must be lined with cement or other linings. An alternate to lining the pipe would be to coat the surfaces as described below.

(1)

Primer coat. 5.0 mils to 8.0 mils (dry mils) of potable water approved catalyzed high build epoxy (grey)

(2)

Top coat. 5.0 mils to 8.0 mils (dry mils) of potable water approved catalyzed high build epoxy (white).

2.

Coating products approval. All coating products used are subject to the approval of the Bureau of Materials and Research, Florida Department of Transportation, Gainesville.

(Ord. No. 05-06-30, § 83; Ord. No. 16-17-17, § 285)

Notwithstanding the UAOs preconstruction efforts to determine, locate and/or identify all known archaeological and historical sites within the route of its utility facility, either through the use of local, state and federal listings and notices or through the on-site preliminary reconnaissance of an accredited consultant, artifacts of undetermined significance may be unearthed during construction. In event that such an encounter shall occur, construction activity in the immediate vicinity of the discovery shall be temporarily discontinued, and the procedure cited in Article 15, Division 2, Archaeological Resources, shall be initiated.

(Ord. No. 05-06-30, § 83)

For purposes of sections 12.14.323 through 12.14.335, the following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. Words not otherwise defined shall be construed to have their common and ordinary meaning:

Abandonment or abandoned means the cessation of all uses of a communications facility or utility pole for a period of 180 or more consecutive days provided this term shall not include the cessation of all use of a communications facility within a physical structure where the physical structure continues to be used for some purpose or use accessory to the communications facility. By way of example, cessation of all use of a cable within a conduit, where the conduit continues to be used for some purpose or use accessory to the communications facility, shall not constitute "abandonment" of a communications facility. a wireless infrastructure provider's failure to have a wireless service provider provide service through a small wireless facility collocated on a utility pole within nine months after the application is approved in accordance with Section 337.401(7)(j), F.S., shall constitute abandonment. The terms "abandonment" or "abandoned" are not intended to include a service drop from a potential or existing customer in the event the provider reasonably anticipates future use of the service drop.

Abut, when used in conjunction with a lot, parcel or public rights-of-way, means a lot, parcel or public rights-of-way that shares all or a part of a common lot line or boundary line with another lot, parcel or public rights-of-way.

Adjacent properties or properties adjacent means (i) those lots or parcels that abut another lot, parcel or public rights-of-way that is contiguous to a communications facility site or proposed site and (ii) the lots, parcels or public rights-of-way that would be contiguous to lots, parcels or public rights-of-way but for an intervening public rights-of-way.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement Section 337.401(7), F.S. The term includes objective design standards adopted by ordinance that may require a new utility pole intended to support the collocation of a small wireless facility that replaces an existing pole to be of substantially similar design, material and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted by ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements.

Applicant means any person who submits an application to the county for an effective registration or a permit to place or maintain a communications facility or utility pole within the public rights-of-way.

As-built plans means a set of drawings in a format as specified by the county engineer submitted by the applicant upon completion of a project which drawings reflect all changes to original plans made during the construction process, and show the exact dimensions, geometry and location of all elements of the work completed under the permit.

At-grade facility means a communications facility, the structure of which is affixed to the ground at-grade with a portion of the structure extending vertically above grade. At-grade facilities may also, but need not necessarily, extend vertically below grade. Utility poles and ground-mounted equipment installed as part of a small wireless facility shall not be considered at-grade facilities.

Authority utility pole means a utility pole owned by the county and is located within the public rights-of-way. This term does not include a private utility pole.

Below-grade facility means a communications facility, including manholes or access points, that are entirely contained below-grade within the public rights-of-way. A below-grade facility is a type of wireline facility.

Board or board of county commissioners means the Board of County Commissioners of Highlands County, Florida.

Code means the Code of Ordinances of Highlands County, Florida.

Collocation or collocate means to install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a utility pole. The term does not include the installation of a new utility pole in the public rights-of-way.

Communications facility means any tangible thing located in the public rights-of-way that may be used to deliver, route, receive, transmit, amplify or distribute communications services. Multiple cables, conduits, strands, or fibers located within same conduit shall be considered one communications facility. This term includes wireless facilities and wireline facilities.

Communications services means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including video services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence of hereafter devised, regardless of the protocol used for such transmission or conveyance. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to a voice-over-internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. Notwithstanding the forgoing, the term does not include:

1.

Information services;

2.

Installation or maintenance of wiring or equipment on a customer's premises;

3.

The sale or rental of tangible personal property;

4.

The sale of advertising, including, but no limited to, directory advertising;

5.

Bad check charges;

6.

Late payment charges;

7.

Billing and collection services; or

8.

Internet access service, electronic mail service, electronic bulletin board service, or similar online computer services.

Communications services provider means any person providing communications services through the placement or maintenance of a communications facility in the public rights-of-way, including without limitation, wireline telecommunication providers and wireless service providers.

Communications services tax means the local tax authorized to be levied and collected by counties and municipalities upon communications services providers for communications services, pursuant to Section 202.19, F.S., as amended.

Consolidated permit application means a single permit application that would otherwise require individual permit applications for the collocation of between two and 30 small wireless facilities on existing structures within the public rights-of-way.

Construct or construction means to construct, install, place, or excavate utility poles, communications facilities, utilities, facilities, or other physical structures on, above, within or under any part of the public rights-of-way.

County means, as indicated by the context used, either Highlands County, Florida, as a geographic location, or Highlands County, Florida, a political subdivision of the State of Florida, as a legal entity.

County administrator means the chief administrative officer of the county. The term "county administrator" also includes his or her designee.

County engineer means the licensed engineer designated by the board of county commissioners to furnish engineering assistance for the administration of these regulations. For the purposes of this subdivision, the term county engineer shall also include his or her designee.

Dark sky friendly lighting means the use of light fixtures that provide a distinct light pattern that is shielded from casting light above top of the fixture; casts light only towards the ground where the lighting is required; is limited to use of necessary light levels only; and shields residences and drivers from glare and distraction.

Day(s) means, for purposes of computing any period of time expressed in day(s) in this subdivision, the day of the act, event or default from which the designated period of time begins to run shall not be included and the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.

Existing structure means a utility pole within the public rights-of-way that exists at the time an application to place a communications facility on that utility pole is filed with the county. The term includes repurposed structures. The term does not include at-grade facilities, below-grade facilities, or wireline facilities. An existing structure is not transformed into a communications facility by the collocation of a wireless facility.

Florida Building Code means the Florida Building Code promulgated under Chapter 553, F.S., and includes the Highlands County amendments thereto as both may be amended.

Graffiti means any inscriptions, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any communications facility whether or not authorized by the registrant of the communications facility. A wrap shall not be considered graffiti.

Homeowners' association (HOA) means an incorporated entity in a subdivision, planned community or condominium development that makes rules for the properties within its jurisdiction and usually maintains and operates property owned by the HOA.

In the public rights-of-way means across, above, within, on or under the public rights-of-way.

Lot means a designated parcel of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

Micro wireless facility means a small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.

Parcel means any piece of real property that has a single parcel identification number assigned to it by the Highlands County Property Appraiser.

Pass-through provider means any person who places or maintains a communications facility in the public rights-of-way and who does not remit communications services tax.

Permit means the public rights-of-way permit that must be obtained before a person may construct, place, install, or maintain communications facilities or utility poles in the public rights-of-way and shall include, but not be limited to, rights-of-way engineering and construction permits issued by the county engineer.

Person means any natural person or corporation, business association or other business entity, including, but not limited to a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing or any other legal entity and shall include the county to the extent the county acts as a communications services provider.

Place or maintain or placement or maintenance or placing or maintaining means to erect, construct, install, extend, expand, remove, occupy, locate, relocate, or significantly alter the configuration of a communications facility or utility pole. A person who owns or exercises physical control to maintain and repair is "placing" or "maintaining" the communications facility or utility pole. A person providing service only through resale or only through use of a third person's communications facility is not "placing" or "maintaining" the communications facility through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute "placing" or "maintaining" a communications facility in the public rights-of-way.

Pole attachment means any attachment of a communications facility by a provider to an existing structure within a public rights-of-way. This term includes aerial wireline attachments that serve as wireline facilities.

Private utility pole means a utility pole owned by a municipal electric utility, a utility pole used to support municipally owned or operated electric distribution facilities, or a by a person other than the county within the public rights-of-way.

Provider means a communications services provider, wireless infrastructure provider, or pass-through provider.

Public rights-of-way or rights-of-way means land in which the county owns the fee or has an easement devoted to or required for use as a transportation facility and may lawfully grant access pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface of such rights-of-way. For the purposes of this definition, "transportation facility" means any means for the transportation of people or property from place to place which is constructed, operated, or maintained in whole or in part from public funds. The terms "public rights-of-way" or "rights-of-way" shall not include: (1) city, state, or federal rights-of-way unless the county has been properly delegated authority to issue permits for structures within those rights-of-way, unless prohibited by state or federal law; (2) platted utility easements that are not part of a dedicated public rights-of-way; (3) property owned by any person other than the county; (4) service entrances or driveways leading from the road or street onto adjacent property; or (5) any real or personal county property except as described above and shall not include county buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way except as allowed by this subdivision or applicable state or federal law.

Registrant means any provider who has an effective registration with the county.

Registration or register means the process described in this subdivision whereby a provider provides certain information to the county by which it is determined whether the person will be eligible to place or maintain communications facilities in the public rights-of-way and to apply for permits, as required.

Repurposed structure means an existing structure that has been renovated, reconfigured, or replaced with a similar structure so as to continue serving its primary existing purpose while also supporting the attachment of communications facilities that is approximately in the same location as the existing structure and in such a manner that does not result in a net increase in the number of utility poles located within the public rights-of-way and does not interfere with pedestrian or vehicular access, and is compliant with applicable codes. The repurposed structure remains the property of the owner of the existing structure prior to the repurposing, unless ownership otherwise lawfully changes.

Residential block means a lot or group of lots within land zoned AU, EU, R-1A, R-1, R-2, R-3, M-1, M-1-S, M-2, RV, CG-1, CG-2, CG-3, PD, FUD when used only for residential purposes, that abut or are adjacent or contiguous to a public rights-of-way.

Service drop means the extension of a wireline facility from the public rights-of-way to a lot or parcel located outside of the public rights-of-way.

Shroud means a covering or enclosure of pole-mounted equipment associated with a small wireless facility.

Signage means any display of characters, ornamentation, letters or other display such as, but not limited to, a symbol, logo, picture, or other device used to attract attention, identify, advertise, announce, or to indicate directions, including the structure or frame used in the display. The term "signage" shall not include identification of the owner and contact information of the communications facility or utility pole, or identification of wires, cables, etc. necessary to aid in safety or hazard work or maintenance or repair work of the communications facility.

Small wireless facility means a wireless facility that meets the following qualifications:

1.

Each antenna associated with the facility is located inside an enclosure of no more than six cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and

2.

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: Electric meters; concealment elements; telecommunications demarcation boxes; ground-based enclosures; grounding equipment; power transfer switches; cutoff switches; vertical cable runs for the connection of power and other services, and utility poles or other support structures.

State means, as indicated by the context used, either Florida, as a geographic location, or the State of Florida, as a legal entity.

Surrounding neighborhood means the area within a 500-foot radius of a communications facility site or proposed communications facility site.

Tree removal. See Tree trimming.

Tree trimming shall have the meaning ascribed to it in section 12-14.314.

Utility means any person or entity that is a local exchange carrier or an electric, gas, water, steam or other public utility, and who owns or operates appurtenant facilities or equipment that are situated within the public rights-of-way for transmission of such utility's commodities or services.

Utility pole means a pole or similar structure used in whole or in part to provide communications services or electric distribution, lighting, traffic control, signage, or similar function. This term includes the vertical support structure for traffic lights, but does not include any horizontal structures upon which are attached signal lights or other traffic control devices and does not include any pole or similar structure 15 feet or less in height unless the county grants a waiver for such pole.

Wireless facility means communications facility at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup powers supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communication. This term includes small wireless facilities. This term does not include:

1.

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

2.

Wireline backhaul facilities; or

3.

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider means a person who has been certified by the governing federal or state agency to provide communications services in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.

Wireless services means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

Wireless services provider means a person who provides wireless services. A wireless services provider is a type of communications services provider.

Wireless support structure means a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. This term does not include a utility pole.

Wireline facility means a wireline aerial facility or below-grade facility used to provide communications services. The term includes wireline backhaul facilities associated with a wireless facility and coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna of a wireless facility.

Wrap means an aesthetic covering approved by the county depicting scenic imagery such as vegetation, which blends with the surrounding area. A wrap design may also be proposed by the applicant by requesting a waiver.

(Ord. No. 18-19-05, § 1)

Highlands County hereby declares as a legislative finding that the public rights-of-way within the county are a unique and physically limited resource that are critical to the travel and transport of persons and property within the county; that the public rights-of-way must be managed and controlled in a manner that enhances the health, safety and general welfare of the county and its citizens; and that the use and occupancy of the public rights-of-way by providers of public utilities must be subject to regulation to ensure public safety, minimal inconvenience to the public, coordination of uses, maximization of available space, reduction of maintenance and costs to the public, and to facilitate entry of an optimal number of providers of public utilities, and other services in the public interest.

It is the intent of the county to promote the public health, safety and general welfare by: Adopting and administering reasonable rules, regulations and general conditions not inconsistent with state and federal law, including Section 337.401, Florida Statutes, as amended, and other federal and state law; minimizing disruption to the public rights-of-way; and requiring the restoration of the public rights-of-way to the original condition.

(Ord. No. 18-19-05, § 1)

This subdivision shall apply to any person who seeks to construct, place, install, maintain or operate a wireless facility in the public rights-of-way, unless otherwise exempt by operation of applicable codes or state or federal laws or regulations. This subdivision shall not apply to wireless communications facilities owned by a person, including the county or electric cooperative, to the extent such facilities are utilized only on an internal, non-commercial basis by said person.

This subdivision is intended to implement the Advanced Wireless Infrastructure Deployment Act, Section 337.401(7), F.S. In the event the Advanced Wireless Infrastructure Deployment Act, Section 337.401(7), F.S., is repealed, amended, or overturned by a court of competent jurisdiction, in whole or in part, provisions of this article may no longer apply, in which case pending and future applications for wireless facilities and utility poles intended to support the collocation of small wireless facilities in the public rights-of-way, will be governed by applicable law.

(Ord. No. 18-19-05, § 1)

A.

Subject to the requirements of this subdivision, only the following wireless facilities may be placed or maintained within the public rights-of-way:

1.

Small wireless facilities collocated on existing structures or collocated on new utility poles intended to support the collocation of small wireless facilities; and

2.

Micro wireless facilities suspended on cable strung between existing structures.

B.

Wireless support structures are not permitted within the public rights-of-way. wireless support structures shall comply with sections 12.04.215, and 12.08.135, Highlands County Code of Ordinances, as applicable.

C.

Wireless facilities shall not be permitted in the public rights-of-way except as permitted in this subdivision, unless otherwise permitted by applicable state or federal laws or regulation.

D.

The approval of the installation, construction, placement, maintenance, or operation of a small wireless facility pursuant to this subdivision does not authorize the provision of any voice, data, or video communications services or the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the public rights-of-way.

(Ord. No. 18-19-05, § 1)

A.

Permit required. A registrant shall not commence to place or maintain a wireless facility in the public rights-of-way until all applicable permits have been issued by the county, except for limited work as provided in subsection B., unless otherwise authorized by applicable codes or state or federal laws or regulations. A registrant may submit a consolidated permit application and receive a single permit for the collocation of up to 30 small wireless facilities. The registrant acknowledges that as a condition of granting permits, the county may impose reasonable conditions governing the placement or maintenance of a wireless facility in the public rights-of-way as set forth in Section 337.401, F.S., as amended. Permits shall apply only to the areas of the public rights-of-way specifically identified in the permit.

B.

Permit not required.

1.

A registrant shall be allowed to perform limited work within the public rights-of-way without first obtaining a permit if such proposed limited work does not involve excavation or the closure of a vehicle lane. As used in this section, the term "limited work" shall mean:

a.

Routine maintenance;

b.

Replacement of an existing wireless facility with a wireless facility that is substantially similar or of the same or smaller size; or

c.

Installation, placement, maintenance, or replacement of a micro wireless facility that is suspended on cable strung between existing structures in compliance with applicable codes by or for a communications services provider authorized to occupy the public rights-of-way and who is remitting communications services tax.

2.

Prior to performing any limited work, a registrant shall provide reasonable advance written notice to the county identifying the areas where such maintenance will occur, scope of maintenance, date(s) and duration of work to be performed. If any limited work requires the closure of a vehicle lane, a permit for closure of the vehicle lane shall be obtained.

3.

A registrant is allowed to perform emergency maintenance within the public rights-of-way without first obtaining a permit. However, a registrant shall provide prompt notice to the county of the emergency maintenance and, within 15 days of completing the emergency maintenance, apply for a permit in accordance with subsection D. herein if such activity required a permit under this subdivision. As used in this section, the term "emergency maintenance" means the repair or replacement of a wireless facility as a result of a condition that affects the public health, safety or welfare, which includes an unplanned out-of-service condition of a preexisting service.

4.

The county engineer may issue an immediate stop work order where any limited work poses a serious threat to the health, safety or welfare of the public until such time as that serious threat has been abated.

C.

Presubmittal conference. Prior to submitting a permit application, the applicant is strongly encouraged to schedule a presubmittal conference with the county. A pre-submittal conference is not required prior to submitting a permit application.

D.

Permit application. As part of any permit application to place or maintain a small wireless facility or in the public rights-of-way, the registrant shall provide a permit application or consolidated permit application that sets forth, at a minimum, the following:

1.

Engineering plan. An engineering plan signed and sealed by a Florida licensed professional engineer, that includes:

a.

The type of proposed wireless facility including the dimensions, volume, height, footprint, and stealth design and concealment features of the proposed small wireless facility, and location of the proposed small wireless facility, including whether the proposed small wireless facility is proposed within a location subject to restrictions pursuant to section 12.14.329.E.1.;

b.

The type of structure intended to support the small wireless facility, such as an existing structure, repurposed structure, or new utility pole intended to support the collocation of the small wireless facility, including supporting documentation that the structure can support the additional load of the proposed small wireless facility, if applicable;

c.

The distance of the proposed small wireless facility, including ground-mounted equipment, and nearby pavement, sidewalks, driveways, ramps, trees, underground utilities and other above-grade and below-grade structures and utilities located nearby within the public rights-of-way;

d.

The global positioning system (GPS) coordinates of the proposed small wireless facility. The GPS coordinates shall be based on the reading from a handheld mobile GPS unit set to Datum NAD 83 or WGS84. GPS coordinates based on Google Earth or similar application may be used where areas of shading occur due to overhead canopy. GPS coordinates shall be provided in decimal degrees at a six decimal point precision;

e.

Sufficient specificity demonstrating compliance with the Florida Building Code and other applicable codes, including but not limited to sight lines or clear zone standards and specifications for transportation, pedestrians, and public safety as provided in the Florida Department of Transportation Plans Preparation Manual, Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the Florida Greenbook), and the Florida Department of Transportation Design Standards, as amended, and the National Electric Safety Code;

f.

Trees and landscaping to be removed or impacted upon the placement or maintenance of the proposed small wireless facility. Any trimming or removal of trees or other landscaping must comply with section 12.14.314, Tree trimming.

2.

Description of installation or construction. The applicant shall provide a description of the manner in which the small wireless facility will be placed or maintained (i.e. anticipated construction methods or techniques).

3.

Pole attachment agreement. For collocations on private utility poles, the applicant shall provide a copy of a valid pole attachment agreement for the collocation of the proposed small wireless facility. In lieu of providing the complete pole attachment agreement between the owner of the private utility pole and applicant, the applicant may provide the first page of such agreement and the signature page or a notarized letter of authorization from the owner of the private utility pole, providing adequate identifying information, acceptable to the county, and indicating the applicant is authorized to collocate on the identified private utility pole.

4.

Stealth design. The applicant shall provide a description of stealth design to be utilized pursuant to section 12.14.329(b).

5.

Temporary sidewalk closure plan. The applicant shall provide a temporary sidewalk closure plan, if applicable, to accommodate placement or maintenance of the small wireless facility.

6.

Temporary maintenance of traffic (MOT) plan. The applicant shall provide a temporary traffic lane closure and maintenance of traffic (MOT) plan, if applicable, to accommodate placement or maintenance of the small wireless facility.

7.

Restoration plan and estimate cost of restoration of the public rights-of-way. If applicable, a restoration plan and a good faith estimate of the cost of restoration of the public rights-of-way. Such good faith estimate shall be accepted by the county unless the county engineer determines such estimated costs are not representative of the actual costs of the restoration of the public rights-of-way. Estimates of the cost to restore the public rights-of-way shall include all costs necessary to restore the public rights-of-way to its original condition. Such good faith estimate shall include, but is not limited to, costs to restore the paving, curbs/gutters, sidewalks, multi-purpose trails, and landscaping. All planted or naturally occurring shrubbery or vegetation, including sod, damaged or destroyed during work in the public rights-of-way shall be replaced, except tree removals as allowed by the permit.

8.

Timetable for construction or installation. The timetable for placement or maintenance of the proposed small wireless facility or each phase of the placement or maintenance thereof.

9.

Indemnification. A statement shall be included within the permit application that by execution of the application, the registrant shall be bound to the county with respect to the indemnification provisions set forth in section 12.14.335.

E.

Application review timeframes. An application for a permit for a small wireless facility, repurposed structure, and utility pole intended to support the collocation of small wireless facilities within the public rights-of-way shall be reviewed by the county as follows:

1.

Notice of application deficiency. Within 14 days after the date of filing an application, unless the timeframe is mutually extended, for the collocation of a small wireless facility, repurposed structure, or utility pole intended to support the collocation of small wireless facilitates the county engineer shall determine whether the application is complete. If an application is deemed incomplete, the county engineer shall notify the applicant by electronic mail and specifically identify the missing information. An application shall be deemed complete if the county engineer fails to notify the applicant otherwise within 14 days after the date of filing the application.

2.

Request for alternative location. Within 14 days after the date of filing the application for collocation of a small wireless facility, the county engineer may request that the proposed location of the small wireless facility be moved to another location and be placed on another existing structure or by placing a new utility pole intended to support the collocation of small wireless facilities. The county and applicant may negotiate the alternative location, including objective design standards and reasonable spacing requirements for ground-mounted equipment for 30 days after the county submits the request. The applicant shall notify the county of its acceptance or rejection within this 30-day negotiating period. If the applicant accepts the alternative location, the application shall be deemed granted for the agreed-upon alternative location and all other locations in the application. If the requested alternative location is rejected by the applicant, the county engineer shall approve or deny the original application within 90 days after the date the application was filed.

3.

Application review period. Within 60 days after the date of filing an application for the collocation of a small wireless facility, the county engineer shall approve or deny the application. If the county engineer does not submit a request for an alternate location as provided in subsection 2., the county engineer and the applicant may mutually agree to extend the 60 day application review period.

4.

Notice of denial; resubmission. Should the application be denied, the county engineer shall notify the applicant by electronic mail on the day the application is denied and specify in writing the basis for denial, including the specific code provisions on which the denial is based. The applicant may cure the deficiencies identified by the county engineer and resubmit the application within 30 days after the notice of denial is sent. The county engineer shall approve or deny the revised application within 30 days after the date of filing the application. Any subsequent review shall be limited to the deficiencies cited in the notice of denial. A denial of a permit may be appealed pursuant to section 12.04.119.

5.

Consolidated permit applications. The county may separately address each proposed collocated small wireless facility for which incomplete information has been received or which are denied.

6.

Deemed approved. Prior to commencing construction, a person with a deemed approved permit must be registered pursuant to section 12.14.333.

(Ord. No. 18-19-05, § 1)

A.

The county engineer may deny a proposed collocation of a small wireless facility in the public rights-of-way if the proposed collocation:

1.

Materially interferes with the safe operation of traffic control equipment;

2.

Materially interferes with sight lines or clear zone standards and specifications for transportation, pedestrians, or public safety purposes as provided in the Florida Department of Transportation Plans Preparation Manual, Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the Florida Greenbook), and/or the Florida Department of Transportation Design Standards, as amended;

3.

Materially interferes with compliance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq., or similar federal or state standards regarding pedestrian access or movement;

4.

Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual; or

5.

Fails to comply with applicable codes governing placement or maintenance of small wireless facilities within the public rights-of-way, including the general permit conditions in section 12.14.304 and the objective design standards in section 12.14.329

B.

A permit for the collocation of a small wireless facility shall remain effective for and construction must be completed within one year. The county engineer may extend the expiration date of the permit for good cause.

C.

A permit for collocation of a small wireless facility is subject to relocation as required by the county engineer. The registrant shall be responsible for the payment of any fees and costs pertaining to the relocation of the small wireless facility.

D.

A permit application for a repurposed structure or a utility pole intended to support the collocation of small wireless facilities shall be submitted prior to or contemporaneously with a permit application for a small wireless facility.

(Ord. No. 18-19-05, § 1)

A.

Purpose and intent. Small wireless facilities shall be designed in such a manner that the small wireless facilities are placed in a safe location that do not interfere with the traveling public, and shall be designed to maximize compatibility with the surrounding neighborhood and to minimize any negative visual impact on the surrounding neighborhood. The following objective design standards regulating the location context, color, stealth design, and concealment of the proposed small wireless facility shall apply, unless waived pursuant to section 12.14.330.

B.

Stealth design. All proposed small wireless facilities shall meet any one of the three following stealth design standards or combination thereof:

1.

Preferred stealth design option 1: Wires, cables, and equipment to be placed on a utility pole shall be within the utility pole or covered with a shroud or conduit that is similar to the utility pole color; the use of a slim design wherein the top mounted antenna does not exceed the diameter of the supporting utility pole by more than six inches on any side at the level of the antenna attachment and side-mounted enclosures, if any, do not extend more than 30 inches beyond the exterior dimensions of the supporting utility pole measured from the edge of the utility pole to the outermost surface of the side-mounted enclosure.

2.

Preferred stealth design option 2: Wires, cables, and equipment to be collocated on a utility pole shall be within the utility pole or covered with a shroud or conduit that is similar to the utility pole color; and the use of a street light fixture to camouflage the small wireless facility. All street light fixtures shall be maintained in good working order by the applicant or pole owner unless the county accepts maintenance responsibility in writing. If the county accepts the maintenance responsibility of a street light fixture on an authority utility pole, the ownership of the street light fixture shall transfer to the county. All street light fixtures shall be of similar style and of similar lighting technology as nearby lighting fixtures (halogen, LED, etc.) and shall utilize dark-sky friendly lighting.

3.

Preferred stealth design option 3: Wires, cables, and equipment to be collocated on a utility pole shall be within the utility pole or covered with a shroud or conduit that is similar to the utility pole color; and the use of wraps on the supporting structure, side mounted enclosures, and/or ground-mounted equipment. An applicant may propose a wrap design not previously approved by the county by applying for and obtaining a waiver pursuant to section 12.14.330. Wraps shall be maintained by the applicant such that the wrap does not peel or significantly fade.

C.

Concealment. The following concealment standards shall apply to proposed small wireless facilities:

1.

Applicants shall not place or maintain signage on communications facilities in the public rights-of-way, unless otherwise required by applicable state or federal laws or regulations, or as permitted by the county.

2.

A small wireless facility shall not have any type of lighted signal, lights, or illuminations unless required by applicable state or federal laws or regulations or as permitted by the county.

3.

Ground-mounted equipment for small wireless facilities shall be located within a ten-foot radius of the supporting structure for the small wireless facility and, if possible, in areas with existing foliage or other aesthetic features to obscure the view of the ground-mounted equipment. The ground-mounted equipment shall be designed to appear similar to other at-grade facilities in the same public rights-of-way and may be further concealed with additional plantings. Any additional plantings proposed pursuant to this subsection shall be approved by the county. An applicant may also utilize a wrap for at-grade facilities. Wraps shall be maintained by the applicant such that the wrap does not peel or significantly fade. Wraps must be approved by the county engineer prior to use.

D.

Maximum height restrictions. A small wireless facility, including any attached antennas, shall not exceed ten feet above the existing structure, repurposed structure or utility pole upon which the small wireless facility is to be collocated. The height of a utility pole intended to support the collocation of small wireless facilities is limited to the tallest existing utility pole as of July 1, 2017, located in the same county public rights-of-way, other than a utility pole for which a waiver has previously been granted, measured from grade in place within 500 feet of the proposed location of the utility pole intended to support the collocation of small wireless facilities. If there is no utility pole within 500 feet, the utility pole intended to support the collocation of small wireless facilities shall be limited to 50 feet in height.

E.

Location context. The following location context standards shall apply to proposed small wireless facilities:

1.

Prohibition against placement within a location subject to homeowners' association restrictions. Small wireless facilities shall not be collocated in a location subject to covenants, restrictions, articles of incorporation, or bylaws of a homeowners' association unless specifically authorized by the homeowners' association. This subsection shall not limit the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial wireline facility.

2.

Prohibition against placement in location where facilities are placed underground. Small wireless facilities shall comply with nondiscriminatory undergrounding requirements of the county or any municipality, district, or other political subdivision or government entity that prohibit aboveground structures in the public rights-of-way. Any such requirements may be waived by the county pursuant to section 12.14.330, of this chapter.

3.

Tree removal. The placement or maintenance of a small wireless facility that results in the tree removal shall comply with the conditions outlined in section 12.14.314. Notwithstanding any other code, the county engineer shall determine if the proposed tree removal meets the conditions of section 12.14.314. Tree removal is not permitted within the public rights-of-way to increase signal strength or provide a line-of-sight.

4.

Prohibition against placement in violation of OSHA or NESC rules and regulations. Small wireless facilities shall not be placed in a location which violates rules and regulations set by the occupational safety and health administration or the National Electric Safety Code.

F.

Display of contact information. Each placement of a small wireless facility shall include a contact information name plate, comprised of brass or other solid, weather resistant and long-lasting material that shall be affixed in a permanent manner by the registrant and that provides the contact information of the registrant or contact information for a person who should be contacted by the authority on behalf of the registrant in the event of an emergency that involves the placement of the small wireless facility.

(Ord. No. 18-19-05, § 1)

A.

Objective design standards provided in section 12.14.329, of this chapter, may be waived by the county engineer upon a showing that the objective design standards are not reasonably compatible for the particular location of a small wireless facility or that the objective design standards impose an excessive expense.

B.

A request for a waiver shall be filed contemporaneously with the permit application. The request for waiver shall state each section or subsection for which a waiver is being sought. A request for a waiver shall include a detailed explanation, with supporting engineering or other data, as to why a waiver from the requirements of this subdivision is required.

C.

In granting any waiver, the county engineer may impose conditions to the extent the county engineer concludes such conditions are necessary to minimize any adverse effects of the proposed small wireless facility on the surrounding neighborhood or to protect the health, safety and welfare of the public.

D.

The county engineer shall grant or deny a request for a waiver within 45 days after receiving the request for waiver. Should a request for waiver, and ultimately a permit, be denied by the county engineer, the denial of the waiver may be appealed in conjunction with an appeal of the permit denial in accordance with section 12.04.119, of this chapter.

(Ord. No. 18-19-05, § 1)

A.

For a county utility pole that supports an aerial wireline facility used to provide communications services or electric service, the county, communications services provider, wireless infrastructure provider, and pass-through provider shall comply with the process for make-ready work under 47 U.S.C. § 224, as amended, and implementing regulations. The good faith estimate of the person owning or controlling the pole for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.

B.

For a county utility pole that does not support an aerial wireline facility used to provide communications services or electric service, the county shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, must be completed within 60 days after the written acceptance of the good faith estimate by the applicant. Alternatively, the county may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work.

C.

If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The county may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts make-ready work subject to the usual construction restoration standards for work in the public rights-of-way. The replaced or altered utility pole shall remain the property of the county.

(Ord. No. 18-19-05, § 1)

The rate to collocate a small wireless facility on a county utility pole shall be $150.00 per county utility pole annually. Annual payments shall be due and payable on April 1 of each year. If the payments required by this section are not made within 90 days after the due date, the county engineer may withhold the issuance of any permits to the registrant until the amount past due is paid in full.

(Ord. No. 18-19-05, § 1)

A.

Registration. A provider that desires to place or maintain a communications facility, conduit, backhaul facility, or utility pole intended to support the collocation of a small wireless facility in the public rights-of-way shall register with the county engineering department in accordance with this subdivision.

B.

Content of registration. Each applicant shall submit the following information and documentation:

1.

The name of the applicant under which it will transact business in the county and, if different, in the state;

2.

The name, address, electronic mail address, and telephone number of the applicant's primary contact person and the person to contact in case of an emergency;

3.

A copy of the applicant's certificate of authorization, public convenience and necessity, or other similar certification or license(s) issued by the Florida Public Service Commission, the Florida Department of State, the Federal Communications Commission, or other federal authority;

4.

Proof of the applicant's insurance coverage as follows: Proof of insurance coverage in the form of a certificate of insurance with coverage limits, in amounts required by the county's risk management department and approved by the county engineer;

5.

Security in an amount of 110 percent of the estimated cost of removing the wireless facility and wireless support structures, as follows:

a.

Security requirements may be satisfied by a performance bond, cashier's check, cash, interest bearing certificate of deposit, irrevocable letter of credit, or surety bond;

b.

Security must be for the duration of the life of the wireless facility and wireless support structures, or the length of the permit, whichever is greater;

c.

Security shall be in a form acceptable to the board of county commissioners and shall be renewed as required by the board of county commissioners; and

d.

At the time of removal of the wireless facility and wireless support structures, the amount or the security will be adjusted for increases in removal costs. A security required by other governmental agencies for the purpose of fulfilling the requirement for removal of an abandoned tower may be accepted partially or completely by the board of county commissioners.

C.

County engineer review and approval. Within 30 days after receipt of the information submitted by the applicant, the county engineer shall determine whether the application for registration contains all information and documentation required and shall advise the applicant in writing whether the registration is effective or if any areas of deficiency need to be addressed. The applicant shall re-submit any deficient information and documentation within 30 days of the date of the notice of deficiency, otherwise the registration shall be denied. A notice of deficiency or denial of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section. A denial of registration or renewal of registration may be appealed in accordance with the procedures set forth in section 12.04.119, Highlands County Code of Ordinances.

D.

No property right arises from registration. A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this article governs only the ability to apply for a permit, if applicable, and the ability to construct, place or maintain communications facilities in the public rights-of-way. Registration does not excuse a provider from obtaining necessary access or pole attachment agreements before locating its communications facilities in the public rights-of-way. Registration does not excuse a provider from complying with all applicable codes, and state and federal laws and regulations.

E.

Registration is non-exclusive. Registration does not in and of itself establish a right to place or maintain, or establish priority for the placement or maintenance of a communications facility in the public rights-of-way, but shall establish for the registrant a right to place or maintain a communications facility in the public rights-of-way, if such proposed activity does not require a permit by the county, or apply for a permit to place or maintain a communications facility in the public rights-of-way, if such proposed activity requires a permit by the county. Registrations are expressly subject to any further amendment to or replacement of this subdivision and further subject to any additional county ordinances or regulations, as well as any state or federal laws that may be enacted.

F.

Cancellation. A registrant may cancel a registration upon written notice to the county stating that it will no longer place or maintain any communications facilities in the public rights-of-way. A registrant shall not cancel a registration if the registrant continues to place or maintain any communications facilities in the public rights-of-way.

G.

Registration updates. Within 30 days of any change in the information required to be submitted pursuant to subsection B., a registrant shall provide updated information to the county.

H.

Registration renewal. Each registrant shall renew its registration by April 1 of years ending in "0" or "5" (such as 2020, 2025, 2030, etc.) in accordance with the registration requirements of this article, as amended. Failure to renew a registration may result in the county restricting the issuance of additional permits until the provider has complied with the registration requirements of this subdivision.

I.

Registration application fees. No registration application fees shall be imposed for registration or renewal of registration under this subdivision.

J.

Permits required of registrants. In accordance with applicable codes, local laws and regulations, and state and federal laws and regulations, a permit shall be required of a provider that desires to place or maintain a communications facility in the public rights-of-way, unless otherwise specifically exempted under this subdivision. An effective registration shall be a condition precedent to or of obtaining a permit. Notwithstanding an effective registration, permitting requirements shall also apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met. If a permit is submitted without an effective registration, the permit application shall be denied.

K.

Compliance required. A registrant shall at all times comply with and abide by all applicable codes, local laws and regulations, and state and federal laws in placing or maintaining a communications facility in the public-rights-of-way. By submitting a registration, the applicant acknowledges that it has reviewed a copy of this subdivision.

(Ord. No. 18-19-05, § 1)

A.

If a registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this subdivision. Written notice of any transfer, sale or assignment shall be provided to the county within 30 days of the effective date of the transfer, sale or assignment. Further, any such person to whom such transfer, sale or assignment has been made, must register with the county in accordance with this subdivision and shall provide the following:

1.

Proof of insurance coverage in the form of a certificate of insurance with coverage limits, in amounts required by the county's risk management department and approved by the county engineer; and

2.

Security in an amount of 110 percent of the estimated cost of removing the wireless facility and wireless support structures, as follows:

a.

Security requirements may be satisfied by a performance bond, cashier's check, cash, interest bearing certificate of deposit, irrevocable letter of credit, or surety bond;

b.

Security must be for the duration of the life of the wireless facility and wireless support structures, or the length of the permit, whichever is greater;

c.

Security shall be in a form acceptable to the board of county commissioners and shall be renewed as required by the board of county commissioners; and

d.

At the time of removal of the wireless facility and wireless support structures, the amount or the security will be adjusted for increases in removal costs. A security required by other governmental agencies for the purpose of fulfilling the requirement for removal of an abandoned tower may be accepted partially or completely by the board of county commissioners.

3.

Affix a new contact information plate onto the wireless support structure, in compliance with the requirements of section 12.14.329.F. of the Code.

B.

If permit applications are pending in the registrant's name, the transferee, buyer or assignee shall notify the county engineer that the transferee, buyer or assignee is the new registrant.

C.

A violation of the requirements of this section shall constitute a code violation and the registrant who is alleged to have violated any of the provisions of this section may be subject to the enforcement remedies as authorized by the Highlands County Code of Ordinances and as otherwise as provided by law.

(Ord. No. 18-19-05, § 1)

A.

By reason of the acceptance of a registration or the issuance of a permit under this subdivision, the county does not assume any liability for injuries to persons, damage to property, or loss of service claims by parties other than the applicant or the county or for claims or penalties of any sort resulting from the construction, presence, placement, installation, maintenance, repair or operation of communications facilities or utility poles by applicants or agents of applicants.

B.

An applicant shall defend, indemnify, and hold the county whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, placement, installation, maintenance, repair or operation of its communications facilities or utility poles, whether any act or omission complained of is authorized, allowed, or prohibited by a permit, inspection of plans or work by the county, except to the extent that such claims are caused by the sole negligence of the county. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the applicant or to the county; and the applicant, in defending any action on behalf of the county, shall be entitled to assert in any action every defense or immunity that the county could assert in its own behalf. The provisions of this section include, but are not limited to, the county's reasonable attorneys' fees incurred in defending against any such claim, suit or proceeding(s).

C.

The county agrees to notify the applicant, in writing, within 30 days of the county receiving notice, of any issue it determines may require indemnification.

D.

This indemnification obligation is not limited in any way by a limitation of the amount or type of damages or compensation payable by or for the applicant under workers' compensation, disability or other employee benefit acts, or the acceptance of insurance certificates required under this subdivision, or the terms, applicability or limitations of any insurance held by the applicant.

E.

The applicant shall investigate, handle, respond to, provide defense for, and defend any such claims at its sole expense and shall bear all other costs and expenses related thereto even if the claim is groundless, false or fraudulent and if called upon by the county. The applicant shall assume and defend not only itself but also the county in connection with any such claims and any such defenses shall be at no cost or expense whatsoever to the county and selection of counsel shall be subject to county approval. However, in the county's sole discretion, the county shall retain the right to select counsel of its own choosing and at its own expense. The county shall not settle or compromise any matter for which an applicant is obligated to indemnify without the prior written consent of the applicant. Such consent shall not be unreasonably withheld.

F.

The county does not and shall not waive any rights against the applicant which it may have by reason of this indemnification, or because of the acceptance by, or the applicant's deposit with the county of any of the insurance policies required by this subdivision for registration.

G.

This indemnification by the applicant shall apply to all damages and claims for damages of any kind suffered regardless of whether such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

H.

Nothing contained in this section shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Florida or as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, F.S., as amended.

I.

The indemnification requirements under this section and this subdivision shall survive and be in full force and effect after the termination, cancellation, or expiration of a registration or permit.

(Ord. No. 18-19-05, § 1)