Backup Documents 06/27/2017 Item #17F 1 7 F
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COLLIER COUNTY FLORIDA i.�� ,1, '�N
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location,etc.)
**********************************************************************************************************
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 13,2017
Petition No.(If none,give brief description): Ordinance—Communication Facilities in Rights-of-Way
Name& Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)June 27,2017(ad to run no later than
FRIDAY,June 16,2017)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR THE
PURPOSE OF ESTABLISHING REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE COUNTY RIGHTS-
OF-WAY; PROVIDING FOR DEFINITIONS, REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES, INSPECTIONS, PERFORMANCE GUARANTEE, AND INDEMNIFICATION;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does Petition Fee itclude advertising cost? ❑ Yes XXX No If Yes,what account should be charged for advertising costs:
, PO#4500171993
Reviewed }.
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Division Ad i istrator or Designee Date }
List Atta lime : Proposed Ordinance
a' i
N DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ Requesting Division ❑Original
E County Manager agenda file: to
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE O / `_
Date Received: C _/3 _ Date of Public hearing: `P/ 2 7 Date Advertised:Y /Ca
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Martha S. Vergara
From: NeetVirginia <VirginiaNeet@colliergov.net>
Sent: Tuesday,June 13, 2017 10:29 AM
To: Minutes and Records
Cc: Pepin, Emily
Subject: Ad Reques - July 27, 2017 BCC Agenda
Attachments: Advertising Request Wireless Ordinance - EP.docx
Ladies:
See attached to get the proof started. We will provide the signed request form and the ordinance later today.
Thank you!!!
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239)252-8066 - Fax (239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
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ORDINANCE NO.2017-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FOR THE PURPOSE OF
ESTABLISHING REQUIREMENTS FOR COMMUNICATIONS
FACILITIES IN THE COUNTY RIGHTS-OF-WAY; PROVIDING FOR
DEFINITIONS, REQUIREMENTS FOR PERMITTING AND
REGISTRATION, ADMINISTRATIVE VARIANCES, INSPECTIONS,
INDEMNIFICATION AND APPEALS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County owns, controls, and manages lands designated as rights-of-
way; and
WHEREAS, Florida law recognizes that obstruction of the rights-of-way constitutes a
public nuisance; and
WHEREAS, in 2017 the Florida Legislature enacted HB 687, known as the "Advanced
Wireless Infrastructure Deployment Act"and codified in Florida Statutes § 337.401; and
WHEREAS, the County's rights-of-way are a limited resource which must be managed to
handle both current uses and planned and expected future uses; and
WHEREAS, the County wishes to exercise its abilities to regulate wireless facilities as
authorized by the Act in order to seek to ensure adequate protection of the public's health, safety,
and welfare and to minimize the impacts of communication facilities on surrounding areas by
establishing standards for location, landscape screening and compatibility.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Purpose and Intent.
The Board of County Commissioners of Collier County, Florida, hereby declares as a
legislative finding that the County 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 County 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 County Rights-of-Way by providers of communications services must be subject to
regulation which can ensure minimal inconvenience to the public, coordinate users, maximize
available space, reduce maintenance and costs to the public, and facilitate entry of an optimal
number of providers of cable,telecommunications, and other services in the public interest.
It is the intent of the County to promote the public health, safety and general welfare by:
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providing for the placement or maintenance of Communications Facilities in the County Rights-
of-Way within the County limits; adopting and administering reasonable rules, regulations and
general conditions not inconsistent with State and Federal law,including Section 337.401,Florida
Statutes(2016),as it may be amended from time to time, and in accordance with the provisions of
the Federal Telecommunications Act of 1996 and other Federal and State law;establish reasonable
rules, regulations and general conditions necessary to manage the placement and maintenance of
Communications Facilities in the County Rights-of-Way by all Communications Services
Providers; minimize disruption to the County Rights-of-Way; and require the restoration of the
County Rights-of-Way to original condition.
This Ordinance is intended to supplement Ordinance No. 03-37, as amended, the
"Construction in Public Rights-of-Way Ordinance." To the extent these ordinances differ, this
ordinance shall control with regard to Communications Facilities.
SECTION TWO: Definitions.
For purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them:
(1) Antenna shall mean communications equipment that transmits or receives electromagnetic
radio frequency signals used in providing wireless services.
(2) Applicable Codes shall mean the Collier County Land Development Code and 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, which have been adopted as part of the Collier County Code of
Ordinances and which help implement the requirements of Section 337.401,Florida Statutes. The
term includes objective design standards adopted in this Article that require a new Utility Pole that
replaces an existing Utility Pole to be of substantially similar design, material, and color or that
require reasonable spacing requirements concerning the location of ground-mounted equipment.
The term includes objective design standards adopted in this Article that require a Small Wireless
Facility to meet reasonable location context, color, stealth, and concealment requirements.
(3) Applicant shall mean a person who submits an application and is a Wireless Provider or is
an agent of a Wireless Provider.
(4) Application shall mean a request submitted by an applicant to the County for a permit.
(5) Arterial Roadway shall mean any street or roadway that constitutes the highest degree of
mobility at the highest speed, for long,uninterrupted travel, and constitutes the largest proportion
of total travel as per the Federal Functional Classification Map maintained by the State of Florida
Department of Transportation District Office, as amended, and is owned by the County.
(6) County Utility Pole shall mean a utility pole owned by the County in the County Rights-
of-Way. The term does not include a Utility Pole owned by a municipal electric utility, a Utility
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Pole used to support municipally owned or operated electric distribution facilities,or a Utility Pole
located in the County Rights-of-Way within:
(a) A retirement community that:
1. Is deed restricted as housing for older persons as defined in Section
760.29(4)(b), Florida Statutes;
2. Has more than 5,000 residents; and
3. Has underground utilities for electric transmission or distribution.
(b) A municipality that:
1. Has a land area of less than five(5) square miles;
2. Has less than 10,000 residents; and
3. Has, before July 1, 2017, received referendum approval to issue debt to finance
municipal-wide undergrounding of its utilities for electric transmission or
distribution.
(7) Collector Roadway shall mean any street or roadway that provides a mix of mobility and
land access functions, linking major land uses to each other or to the arterial highway system as
per the Federal Functional Classification Map maintained by the State of Florida Department of
Transportation District Office, as amended, and is owned by the County.
(8) Collocate or collocation shall mean to install,mount,maintain,modify,operate,or replace
one or more Wireless Facilities on, under, within, or adjacent to a Wireless Support Structure or
Utility Pole. The term does not include the installation of a new Utility Pole or Wireless Support
Structure in the County Rights-of-Way.
(9) Common Side-Lot Lines shall mean a line drawn parallel to the side lot line at the depth of
a required side yard setback as delineated in the County's Zoning Regulations.
(10) Communications Facility means a facility that may be used to provide Communications
Services, including Wireless Facilities, Small Wireless Facilities, Micro Wireless Facilities, and
Utility Poles that contain communications elements. Multiple cables, conduits, strands, or fibers
located within the same conduit shall be considered one Communications Facility for purposes of
this Article.
(11) Communication 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 or hereafter devised, regardless of the protocol used for such
transmission or conveyance,as per Florida Statutes§202.11,as amended. The term includes such
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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 as voice-over-Internet-protocol services or is
classified by the Federal Communications Commission as enhanced or value-added. The term
does not include:
(a) Information services;
(b) Installation or maintenance of wiring or equipment on a customer's premises;
(c) The sale or rental of tangible personal property;
(d) The sale of advertising, including, but not limited to,directory advertising;
(e) Bad check charges;
(f) Late payment charges;
(g) Billing and collection services; and
(h) Internet access service,electronic mail service,electronic bulletin board service,or
similar on-line computer services.
(12) Communication Services Provider shall mean a person who provides Communication
Services and is chartered by the State of Florida, pursuant to Section 362.01,Florida Statutes. A
certificate to provide Competitive Local Exchange Telecommunications (CLEC) service or
provide Alternative Access Vender (AAV) services granted by the Public Service Commission
does not grant the right to provide Wireless Services.
(13) County means Collier County,including any agency of or any other entity acting on behalf
of the County and any officer,official,employee,agent,representative,or designee of the County,
agency, or entity.
(14) County Rights-of-Way means the surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard,
drive, concourse, bridge,tunnel,park,parkway,waterway,dock,bulkhead,pier,easement,public
easement, or similar property in the County, in which the County holds a property interest or over
which the County exercises legal control, and for which the County may lawfully grant a right of
use to any person for placement of any equipment or facility or similar use. The term "County
Rights-of-Way,"shall not include any other property owned or controlled by the County,including
any building, fixture, structure, or other improvement, regardless of whether it is situated in the
County Rights-of-Way.
(15) Emergency means a condition which poses clear and immediate danger to the life, safety,
or health of one or more persons, or poses clear and immediate danger of significant damage to
property.
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(16) Emergency Action means any action in the County Rights-of-Way, including repair,
replacement, or maintenance of any existing equipment or facility,which is necessary to alleviate
an emergency.
(17) Equipment or Facility means any line, conduit or duct, utility pole, transmission or
distribution equipment (e.g., an amplifier, power equipment, optical or electronic equipment, a
transmission station, switching or routing equipment), cabinet or pedestal, handhole, manhole,
vault, drain, location marker, appurtenance, or other equipment or facility associated with
communications services located in the County Rights-of-Way.
(18) FCC shall mean the Federal Communications Commission.
(19) Local Roadways shall mean any street or roadway which primarily serves to provide access
to adjacent land and service to travel over relatively short distances as compared to Collector
Roadways or Arterial Roadways, as per the Federal Functional Classification Map maintained by
the State of Florida Department of Transportation District Office, as amended.
(20) Micro Wireless Facility shall mean 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.
(21) Person means any natural person or any association, company, firm, partnership, joint
venture, corporation, governmental entity,or other legal entity.
(22) Small Wireless Facility shall mean a Wireless Facility that meets the following
qualifications:
(a) Each Antenna associated with the facility is located inside an enclosure of no more
than six (6) 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 (6)cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more
than twenty-eight (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.
(23) Utility Pole shall mean a pole or similar structure that is used in whole or in part to provide
Communications Services or for electric distribution,lighting,traffic control,signage,or a similar
function. The term includes the vertical support structure for traffic lights but does not include a
horizontal structure to which signal lights or other traffic control devices are attached and does not
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include a pole or similar structure fifteen (15) feet in height or less unless the County grants a
waiver for such pole.
(24) Wireless Facility shall mean equipment 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 power
supplies, and comparable equipment, regardless or technological configuration, and equipment
associated with wireless communications. The term includes Small Wireless Facilities. The term
does not include:
(a) The structure or improvements on, under, within, or adjacent to the structure on
which the equipment is Collocated;
(b) Wireline backhaul facilities;and
(c) 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.
(25) Wireless Infrastructure Provider shall mean a person who has been certified to provide
telecommunications service 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.
(26) Wireless provider shall mean a wireless infrastructure provider or a wireless services
provider.
(27) Wireless Services shall mean any services provided using licensed or unlicensed spectrum,
whether at a fixed location or mobile, using Wireless Facilities.
(28) Wireless Services Provider shall mean a person who provides Wireless Services.
(29) Wireless Support Structure shall mean 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. The term does not include a Utility Pole.
To the extent these definitions differ from the definitions set forth in the "Advanced
Wireless Infrastructure Deployment Act"as amended,the definitions of the Act shall control.
SECTION THREE: Registration Requirements.
(1) Registration Required. Any Communications Services Provider, Wireless Provider, or
Wireless Infrastructure Provider that places or seeks to place Facilities in the County Rights-of-
Way shall register with the County.
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(2) Registration Information. Any Communications Services Provider, Wireless Provider, or
Wireless Infrastructure Provider shall provide the following information to the County:
(a) Name of the registrant;
(b) If the registrant is a corporation or limited liability company,proof of authority to do
business in the State of Florida;
(c) Name, address, telephone number, and electronic mail address of a contact person
for the registrant;
(d) The number of the registrant's current certificate of authorization issued by the
Florida Public Service Commission,the Federal Communications Commission, or
the Department of State; and
(e) Proof of insurance or self-insuring status adequate to defend and cover claims.
(3) Review and approval. Within thirty (30) days after receipt of the information submitted
by the Applicant, the County shall determine whether the applicant for Registration contains all
information and documentation required and shall advise the Applicant of any areas of deficiency
in writing. The Applicant shall resubmit the required information and documentation within thirty
(30) days of the date of the notice of deficiency, otherwise the application for Registration is
considered withdrawn. A notice of deficiency and/or denial of Registration shall not preclude an
Applicant from reapplying or filing subsequent applications for Registration under the provisions
of this Section. An Applicant has thirty(30)days after receipt of the notice of denial to appeal the
decision as provided herein.
(4) 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 County Rights-
of-Way and will no longer need to obtain permits to perform work in the County Rights-of-Way.
A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any
Communications Facilities in the County Rights-of-Way.
(5) Registration updates. Within thirty(30)days of any change in the information required to
be submitted,a Registrant shall provide updated information to the County.
(6) 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. Registration renewals shall include an inventory of the Registrant's
newly installed Communications Facilities or Abandoned Communications Facilities within the
County Rights-of-way placed since the most recent renewal or update. Failure to renew a
Registration may result in the County restricting the submittal and acceptance of any additional
Permit applications until the Communications Services Provider, Communications Facility
Provider or the Pass-Through Provider has complied with the Registration requirements of this
Article.
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(7) Notice of Transfer, Sale or Assignment of Assets in County Rights-of-Way. An Applicant
shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or
involuntary sale, or by ordinary sale, consolidation or otherwise, a Registration granted pursuant
to this Article without having first provided the County with at least thirty(30)days written notice
of the same. Further, any such Person to whom such transfer has been made, must register with
the County in accordance with this Article within sixty (60) days of the transfer. If Permit
Applications are pending in the Applicant's name,the transferee,buyer or assignee shall notify the
County that the transferee, buyer or assignee is the new Applicant.
(8) Compliance required. A Registrant shall at all times comply with and abide by all
applicable provisions of State and federal law and County ordinances, codes and regulations in
placing or maintaining a Communications Facility in the County Rights-of-Way.
(9) A violation of the requirements of this Section shall be a violation of this Article and the
Applicant who is alleged to have violated any of the provisions of this Section may be subject to
the enforcement remedies set forth in this Article.
SECTION FOUR: Involuntary Termination of Registration.
(1) Involuntary Termination. The County may terminate a Registration if:
(a) A federal or state authority suspends, denies, or revokes a Registrant's certification or
license required to provide Communications Services;
(b) The Registrant's use of the County Rights-of-Way presents a danger to the general public
or other users of the County Rights-of-Way and the Registrant fails to remedy the danger
promptly after receipt of written notice;
(c) The abandonment by the Registrant of any of its Communications Facilities in the County
Rights-of-Way; or
(d) Substantive and material repetitive violations of any of the provisions of this Article.
(2) Notice of Intent to Terminate. Prior to termination, the Registrant shall be notified by the
County Manager with a written notice setting forth all matters pertinent to the proposed
termination action, including the reason therefore. The Registrant shall have thirty(30)days after
receipt of such notice within which to address or eliminate the reason or within which to present a
plan, satisfactory to the County to accomplish the same. If the plan is rejected, the County shall
provide written notice of such rejection within fifteen (15) days of receipt of the plan to the
Registrant and shall make a final determination as to termination of the Registration and the terms
and conditions relative thereto. A final determination to terminate a Registration may be appealed
as set forth below.
(3) Post Termination Action. In the event of termination, following any appeal period, the
former Registrant shall: (1)in accordance with the provisions of this Article and as may otherwise
be provided under state law, notify the County of the assumption or anticipated assumption by
another Registrant of ownership of the Registrant's Communications Facilities in the County
Rights-of-Way; or (2) provide the County with an acceptable plan for disposition of its
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Communications Facilities in the County Rights-of-Way. If a Registrant fails to comply with this
subsection, the County may exercise any remedies or rights it has at law or in equity, including,
but not limited to taking possession of the Communications Facilities.
SECTION FIVE: General Permitting Requirements.
(1) Applicability. The provisions of this Article shall apply to County Rights-of-Way in both
the unincorporated areas of the County and those locations where the County holds a proprietary
interest in the County Rights-of-Way. It shall not apply in the incorporated areas where the County
does not hold a proprietary interest.
(2) Proprietary Interests of the County. Because of the proprietary interests the County holds
in the County Rights-of-Way,the placement of Communications Facilities within County Rights-
of-Way shall in all cases be subject to the discretionary County Rights-of-Way permit process.
(3) Permit Required. Except for those exempt activities specifically listed below, it shall be
unlawful for any person to place any Communication Facilities,Equipment or Facilities,or related
equipment in the County Rights-of-Way without a County Right-of-Way Permit.
(a) Permit Applications. Applications to place a Wireless Facility in County Rights-of-Way
shall contain the following:
1. The name and address of the Applicant who is requesting the permit and
written evidence that such Applicant has legal authority to place, maintain, or remove the
Equipment or Facilities covered by the requested permit in the County Rights-of-Way and
will own and control all such Equipment and Facilities after completion of construction;
2. An engineering plan signed and sealed by a Florida Registered Professional
Engineer, or prepared by a person who is exempt from such registration requirements as
provided in F.S. § 471.003, identifying the location of the proposed facility, including a
description of the facilities to be installed, where it is to be located, and the approximate size
of facilities and equipment that will be located in County Rights-of-Way;
3. A description of the manner in which the facility will be installed (i.e.
anticipated construction methods and/or techniques);
4. The timetable for construction of the project or each phase thereof, and the
areas of the County which will be affected;
5. A County-approved traffic control plan for vehicular and pedestrian traffic
in the area to be affected by the proposed work;
6 Proof of insurance;
7. Identification and description of any utility or other distribution or
transmission system to which any Equipment or Facility covered by the requested permit
is to be connected or attached;
8. Drawings(in such detail and form as may be specified by the County)which
show: County Rights-of-Way in the area of the proposed construction; locations of all
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existing Equipment and Facilities in the area of proposed construction; all Equipment and
Facilities to be installed or removed; the routes of all transmission and distribution lines to
be installed or removed; and the sites of all other Equipment and Facilities to be installed
or removed in the County Rights-of-Way;
9. Application fee per the Collier County Right-of-Way Fee Schedule,as may be
amended from time to time;and
10. Such additional information requested by the County that the County finds
reasonably necessary to review the Application.
(4) Exemptions. The following activities are exempt from the requirements of this Article:
(a) Emergency Actions, but the County reserves authority to require an after-the-fact
permit;
(b) Routine Maintenance and Repair of: Communications Facilities, Wireless
Facilities, Small Wireless Facilities, Micro Wireless Facilities, Wireless Support
Structures, or Utility Poles authorized to be located within the County Rights-of-
Way;
(c) Installation,construction,or modification of: Communications Facilities,Wireless
Facilities, Small Wireless Facilities, Micro Wireless Facilities, Wireless Support
Structures,or Utility Poles by the County or approved as part of a County-initiated
project within the County Rights-of-Way; and
(d) Placement or operation of Communications Facilities in the County Rights-of-Way
by a Communications Services Provider authorized by state law to operate in the
rights-of-way. Under Section 362.01,Florida Statutes,any telegraph or telephone
company charted by this or another state,or any individual operating or desiring to
operate a telegraph or telephone line, or lines, in this state, may erect posts, wires
and other fixtures for telegraph or telephone purposes on or beside any public road
or highway; provided, however, that the same shall not be set as to obstruct or
interfere with the common uses of said roads or highways.
(5) Emergency Action. Any person who performs work in the County Rights-of-Way in
connection with an Emergency Action without a permit shall immediately notify the County of the
Emergency Action. The person shall cease all work immediately upon completion of Emergency
Action. The person shall also cease all work immediately upon receipt of a County stop work
order determining the situation does not involve an emergency or that the Emergency Action is no
longer warranted.
(6) Effective Life of Approved Permit Application. A permit issued pursuant to an approved
application shall remain effective for one year unless extended by the County for an additional
year. The County may only grant a single extension.
(7) Revocation. The County may revoke any permit granted pursuant to this Article, without
refunding any fees, if it finds that an Applicant has not complied with applicable law, including
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any provision of a permit, this Code, or any franchise, license, or other authorization, or that
revocation is necessary to protect the public health, safety, or welfare.
(8) Avoidance of interference, displacement, damage or destruction or destruction of other
facilities, endangerment of life and property. A Registrant shall not place or maintain its
Communications Facilities so as to interfere with, displace, damage or destroy any facilities,
including but not limited to sewers, gas or water mains, storm drains, storm drainage lines, pipes,
cables or conduits of the County or any other Person's facilities lawfully occupying the County
Rights-of-Way and shall not endanger the life or property of other persons.
(9) Coordination with other work in County Rights-of-Way. Upon request of the County, and
as notified by the County of other work, construction, installation or repairs, a Registrant is
encouraged to coordinate Placement or Maintenance activities under a Permit with any other work,
construction,installation or repairs that may be occurring or scheduled to occur within a reasonable
timeframe in the subject County Rights-of-Way,and the Registrant may be required to reasonably
alter its Placement or Maintenance schedule as necessary so as to minimize disruptions and
disturbance in the County Rights-of-Way.
(10) Maintenance in accordance with industry standards and applicable law. A Registrant shall
maintain its Communications Facilities in good condition, order and repair in a manner consistent
with accepted industry practice and applicable law.
(11) Safety practices; encourage strengthening utility infrastructure and infrastructure
hardening plan. All safety practices required by applicable law or accepted industry practices and
standards shall be used during the placement or maintenance of Communications Facilities. The
County strongly encourages strengthening utility infrastructure and in particular as it relates to
flooding and hurricane related events, and registrants are encouraged to implement an
infrastructure hardening plan for any Communications Facilities within the County Rights-of-
Way.
(12) As-Built Plans and GPS Coordinates. Upon completion of work authorized by a permit
for a Small Wireless Communications Facility or a Wireless Support Structure, in the event that
field work resulted in changes from the permit plans,the applicant shall furnish to the County the
exact GPS coordinates of the Small Wireless Communications Facility or Wireless Support
Structure, at no cost to the County, and one complete set of sealed as-built plans. The as-built
plans shall be in an electronic format specified by the County.
(13) Discretion to Include Conditions. The County may include conditions on permits to ensure
adherence to the County Code of Ordinances and adequate protection of the public's health, safety
and welfare. These conditions may include,but are not limited to,interim or temporary restoration,
patching, or resurfacing of the County Rights-of-Way during the construction period.
(14) Uniform Permit Conditions. All permits issued pursuant to this Article shall contain the
following conditions:
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(a) The Applicant shall remove any rubbish,excess earth,rock,or other debris arising
from or associated with any work performed in the County Rights-of-Way and any
other property affected by such work on a frequent and regular basis (or as
specifically directed by the County), to the satisfaction of the County, and at the
expense of Applicant;
(b) Unless otherwise specified by the County, the Applicant shall illuminate through
use of red lanterns, red lights, or red torches any building material, machinery,
motor vehicle, equipment, facility, or other object placed in the County Rights-of-
Way in connection with any work performed in the County Rights-of-Way,
between sunset and sunrise. The permittee shall place such illumination at a
distance of not more than five feet from each other along the width of any affected
portion of the County Rights-of-Way (or as may otherwise be specified by the
County)and not more than 15 feet from each other along the length of the affected
portion of the County Rights-of-Way (or as may otherwise be specified by the
County);
(c) Any work performed by an Applicant in the County Rights-of-Way, including
restoration, shall be completed by the completion date specified in the permit or as
otherwise specified or provided by the County. Upon completion of work (or at
such time as may be specified by the County if construction is not completed by
the completion date or construction is terminated for any reason, including
revocation of the permit), the Applicant shall restore the County Rights-of-Way to
a condition which is at least as good as its condition prior to commencement of
work. The Applicant shall perform restoration of the County Rights-of-Way in
accordance with any specifications or standards regarding materials or any other
matter specified by the County. The County may establish generally applicable
restoration standards,which apply unless the County specifies other standards in a
particular situation or may establish restoration standards on a case-by-case basis;
(d) If an Applicant fails to restore the County Rights-of-Way, including any paved
surface, curbs, or fixtures, to a condition at least as good as its condition prior to
commencement of construction or to complete such restoration work by the
completion date specified in the permit or as otherwise specified or provided by the
County, the County may perform any work or undertake any other activity which
it deems necessary to complete such work and/or restore the County Rights-of-
Way. The Applicant shall reimburse the County for any such costs in an amount
equal to the sum of the actual cost of any work or other activity undertaken by the
County plus 25 percent of such cost as compensation to the County for general
overhead and administrative expenses associated with such work and shall pay such
costs as directed by the County and not later than 20 calendar days after receipt of
a bill;
(e) An Applicant shall guarantee and maintain any County Rights-of-Way which the
County determines has been affected or altered by any excavation in the County
Rights-of-Way or any break or cut in any surface of the County Rights-of-Way
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made by such Applicant for the 24 months following the date of completion of
restoration of the affected or altered County Rights-of-Way either by the Applicant
or by the County. Such Applicant shall take such action as the County deems
necessary to correct any deficiencies in such restoration work within such 24-month
period, shall commence such action not later than five calendar days after receipt
of notice from the County or such other date as may be specified by the County,
and complete such action promptly but not later than the date or any other deadline
established by the County. The County may elect to perform any such work itself
or undertake any other activity, which it deems necessary to correct any such
deficiency during such 24-month period. Such Applicant or person shall be liable
to the County for any costs incurred in connection with any such corrective action
in an amount equal to the sum of the actual cost of any work or other activity
undertaken by the County and shall make pay such costs as directed by the County
and not later than 20 calendar days after receipt of a bill;
(f) An Applicant must provide photographic or video documentation of the condition
of the County Rights-of-Way in the area affected by the proposed work post
construction;
(g) An Applicant must provide as-built drawings (in such detail and form as may be
specified by the County) which show the locations of all the Applicant's existing
equipment and facilities in the County;
(h) No Applicant may permanently activate or place in service any equipment or
facility in the County Rights-of-Way until such time as the County has approved
such activation from the County. The Applicant shall provide notice of completion
of construction of such equipment or facility;
(i) Indemnification as required herein; and
(j) All as-built plan shall be filed with Sunshine 811 underground locating service.
(15) Permit errors. The issuance of a Permit shall not prevent the County from thereafter
requiring the correction of errors when in violation of this article.
SECTION SIX: Permitting Requirements for Small Wireless Facilities.
(1) Alternate Location Review. Upon receipt of a permit application to install a Small Wireless
Facility, the County shall have fourteen(14) days to review the application to determine whether
the proposed Small Wireless Facility shall be placed on an alternative County Utility Pole or may
be installed on a new Utility Pole. In making such a determination, the Administrator shall
consider the following objective design standards and reasonable spacing requirements for ground-
based equipment:
(a) All Small Wireless Facilities shall use camouflage techniques which incorporate
architectural treatment to conceal or screen their presence from public view through
design to unobtrusively blend in aesthetically with the surrounding environment;
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(b) New and replacement Wireless Support Structures and Utility Poles that support
Small Wireless Facilities shall match the style, design, and color of the existing
Utility Poles in the surrounding area. Further, all Wireless Support Structures and
Utility Poles shall meet current safety standards in Applicable Codes;
(c) Ground-based equipment boxes for Small Wireless Facilities must be located in
areas with existingfoliage fol age or another aesthetic feature to obscure the view of the
equipment box. Additional plantings may be required to meet this condition. Any
new landscaping in the County Rights-of-Way must be approved by the County
Manager or designee, who may require a landscape maintenance agreement to be
executed as a condition of the permit;
(d) For the Collocation on a County Utility Pole, no facilities or equipment as defined
in Section Two, Subsection 25 (b) of this Article shall be mounted on exterior of
the pole;
(e) If the alternate location is a new Utility Pole, with the exception of electric meters
and disconnect switches, equipment such as back-haul components shall not be
mounted on the exterior of the pole;
(f) No exposed wiring or conduit is permitted;
(g) The grounding rod may not extend above the top of sidewalk and must be placed
in a pull box, and the ground wire between the pole and ground rod must be inside
an underground conduit; and
(h) All pull boxes must be vehicle load bearing, comply with FDOT Standard
specification 635 and be listed on the FDOT Approved Products List. A concrete
apron must be installed around all pull boxes not located in the sidewalk. No new
pull boxes may be located in pedestrian ramps.
(2) Alternate Location Negotiation. The County may negotiate any alternate location with the
Applicant. If an agreement is not reached within thirty(30)days after the date the County requests
an alternate location,the Applicant must notify the County of such non-agreement and the County
must grant or deny the original application within ninety (90) days after the date the application
was filed. A request for an alternate location,and acceptance of an alternate location,or a rejection
of an alternate location must be in writing and provided by electronic mail. Additionally, the
design standards may be waived by the County upon a showing by the Applicant that the design
standards are not reasonably compatible for the particular location of a Small Wireless Facility or
that the design standards impose an excessive expense. The waiver shall be granted or denied
within thirty(30)days after the date of the request.
(3) Time for Completing Completeness Review of Applications. For applications in which the
County does not request use of an alternate location for small wireless facilities,the County must
make a determination as to whether an application is complete within fourteen (14) days. If an
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application is deemed incomplete, the County must specifically identify the missing information.
An application is deemed complete if the County fails to provide notification to the Applicant
within fourteen(14)days.
(4) Applications Processed on a Nondiscriminatory Basis. All applications shall be processed
on a nondiscriminatory basis. Thus, applications shall be processed on a first-come, first-served
basis.
(5) Time for Completing Approval or Denial. The County shall grant or deny an application
within sixty (60) days after receipt of the application. If the County fails to act on a complete
application within sixty(60)days,the application shall be deemed approved. If the County elects
not to negotiate an alternate location,the Applicant and the County may mutually agree to extend
the review period. The County shall grant or deny the application at the end of the extended period.
(6) Notification of Approval or Denial. The County shall notify an Applicant of any approval
or denial by electronic mail on the same day a decision is made. If the County denies an
application, the denial must state in writing the basis for the denial, including the specific code
provisions on which the denial was based. In the event of a denial, the Applicant may cure the
deficiencies identified by the County and resubmit the application within thirty (30) days after
notice of the denial. The County shall approve or deny the revised application within thirty (30)
days after receipt or the application is deemed approved. Any subsequent review shall be limited
to the deficiencies cited in the denial.
(7) Consolidated Applications. An Applicant who seeks to Collocate Small Wireless Facilities
may, at the Applicant's discretion, file a consolidated application and receive a single permit for
the Collocation of up to thirty(30) Small Wireless Facilities. If the application includes multiple
Small Wireless Facilities,the County may separately address Small Wireless Facility Collocations
for which incomplete information has been received or which are denied.
(8) Height Limitations for Small Wireless Facilities. The height of Small Wireless Facilities
shall not exceed ten (10) feet above the Authority Utility Pole, Utility Pole, or Wireless Support
Structure on which the Small Wireless Facility is to be Collocated.
(9) Height of Utility Poles. The height of a new Utility Pole is limited to the tallest existing
Utility Pole as of July 1,2017,located in the same right-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 Small Wireless Facility. If there is no Utility Pole within 500 feet, the
height of the new Utility Pole shall be limited to 50 feet.
(10) Permitting Criteria. The County may deny a proposed Collocation of a Small Wireless
Facility in the County Rights-of-Way if the proposed Collocation:
(a) Materially interferes with the safe operation of traffic control equipment;
(b) Materially interferes with sight lines or clear zones for transportation, pedestrians,
or public safety purposes;
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(c) Materially interferes with compliance with the Americans with Disabilities Act or
similar federal or state standards regarding pedestrian access or movement;
(d) Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual, as may be amended from time to
time; or
(e) Fails to comply with Applicable Codes.
(11) Collocation on County Utility Poles. Collocation of Small Wireless Facilities on County
Utility Poles shall meet the following requirements:
(a) The County may not enter into an exclusive arrangement with any person for the
right to attach equipment to County Utility Poles.
(b) The rates and fees for Collocations on County Utility Poles must be
nondiscriminatory, regardless of services provided by the Collocating person.
(c) The annual rate to Collocate a Small Wireless Facility on a County Utility Pole
shall be consistent with Section 337.401, Florida Statutes.
(d) The County shall offer rates,fees,and other terms that comply with this subsection.
By the later of January 1, 2018, or 3 months after receiving a request to Collocate
its first Small Wireless Facility on a Utility Pole owned or controlled by the County,
the County shall make available the rates, fees, and terms for the Collocation of
Small Wireless Facilities on the Utility Pole which comply with this subsection.
1. The rates, fees, and terms must be nondiscriminatory and competitively neutral
and must comply with this subsection.
2. For a County Utility Pole that supports an aerial facility used to provide
Communications Services or electric service, the parties shall comply with the
process for make-ready work under 47 U.S.C. s. 224 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.
3. For a County Utility Pole that does not support an aerial 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 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,
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including pole replacement, and perform the make-ready work. 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
the make-ready work subject to usual construction restoration standards for
work in the County Rights-of-Way. The replaced or altered Utility Pole shall
remain the property of the County.
4. The County may not require more make-ready work than is required to meet
applicable code or industry standards. Fees for make-ready work may not
include costs related to preexisting damage or prior noncompliance. Fees for
make-ready work,including any pole replacement,may not exceed actual costs
or the amount charged to Communications Services Providers other than
Wireless Services Providers for similar work and may not include any
consultant fee or expense.
(12) Attestation of Wireless Services. A Wireless Infrastructure Provider must include within
its Application to place a Utility Pole in the County Rights-of-Way an attestation that the Small
Wireless Facility will be used by a Wireless Services Provider for the provision of
Communications Services within nine (9)months of the date the application is approved. In the
event a Wireless Services Provider fails to provide Communications Services within the nine (9)
months of an approved application, the County may begin proceedings for revocation.
(13) Privately-Owned Utility Poles. Nothing in this section authorizes a person to Collocate or
attach Wireless Facilities, including any Antenna, Micro Wireless Facility, or Small Wireless
Facility, on a privately-owned Utility Pole, a Utility Pole owned by an electric cooperative or a
municipal electric utility, a privately-owned Wireless Support Structure, or other private property
within the consent of the property owner.
(14) Limitation on Permitting of Small Wireless Facilities. Any permit approval by the County
for the installation, placement, maintenance, or operation of a Small Wireless Facility under this
section 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 County Rights-of-Way.
(15) The County shall not require approval or require fees or other charges for:
(a) Routine maintenance;
(b) Replacement of existing wireless facilities with wireless facilities that are substantially
similar or of the same or smaller size; or
(c) Installation, placement, maintenance, or replacement of micro wireless facilities that
are suspended on cables strung between existing utility poles in compliance with applicable
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codes by or for a communications services provider authorized to occupy the rights-of-way
and who is remitting taxes under Chapter 202,Florida Statutes.
Notwithstanding this paragraph, an authority may require a right-of-way permit for work
that involves excavation,closure of a sidewalk, or closure of a vehicular lane.
SECTION SEVEN: Permitting Requirements for New Communications Facilities,Wireless
Facilities, and Wireless Support Structures.
(1) Permits Required. Unless required to be in the County Rights-of-Way by State or Federal
law, New Communication Facilities, Wireless Facilities and Wireless Support Structures, which
are not Small Wireless Facilities or new utility poles designed to support Small Wireless Facilities,
are not authorized in the County Rights-of-Way. If State or Federal law requires a local
government to allow a New Communications Facility, Wireless Facility, or Wireless Support
Structure which is not a Small Wireless Facility in the County Rights-of-Way, then the following
permitting requirements must be complied with:
(a) All new Communications Facilities,Wireless Facilities,and Wireless Support Structures
shall be located to avoid any physical or visual obstruction to pedestrian or vehicular
traffic,or to otherwise create safety hazards to pedestrians,bicyclists,or motorists;
(b) The separation distance between new and existing Communication Facilities,
Wireless Facilities,and Wireless Support Structures shall be a minimum of 120 feet;
(c) New Communications Facilities,Wireless Facilities,and Wireless Support Structures
shall avoid being placed in County Rights-of-Way of a residentially zoned district,
to the greatest extent possible. An Applicant shall demonstrate through an engineering
analysis why it is unable to locate new Communications Facilities,Wireless Facilities,
and Wireless Support Structures outside a residentially zone district, but should any
local roads be necessary they can only be so used if a minimum width of a 4-lane
roadway,unless otherwise required by State or Federal law;
(d) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall be located on Collector Roadways and Arterial Roadways to the
greatest extent possible. An Applicant shall demonstrate through an engineering
analysis why it is unable to locate the proposed Communication Facilities,Wireless
Facilities, and Wireless Support Structures in such areas instead of on Local
Roadways;
(e) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall maintain a clear zone from the back-of-curb to the inward edge of a
Communication Facility, Wireless Facility, or Wireless Support Structure. Unless
otherwise determined by the County, there shall be a minimum six (6) foot wide
pedestrian clear zone between the back-of-curb and the outward edge of a
CommunicationsFacility, Wireless Facility,or Wireless Support Structure;
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(f) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall be located at least ten(10)feet from a driveway and at least thirty(30)
feet from the center of existing trees with matured diameter of eight (8)inches or
greater;
(g) The size and height of new Communication Facilities, Wireless Facilities, and
Wireless Support Structures in the County Rights-of-Way shall be no greater than
the maximum size and height of any other Utility Pole, Communications Facility,
Wireless Facility or Wireless Support Structure located in the County Rights-of-
Way within 500 feet of the proposed structure;
(h) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall be placed along Common Side-Lot Lines and not in front of
residences,buildings,or places of business; and
(i) Any new proposal to construct a new Communication Facility, Wireless Facility,
or Wireless Support Structure must first demonstrate why the services cannot be
Collocated on an existing Communication Facility, Wireless Facility, Wireless
Support Structure,or Utility Pole in the County Rights-of-Way.
(2) Design Requirements. New Communications Facilities, Wireless Facilities, and Wireless
Support Structures shall meet the following design requirements:
(a) All Communication Facilities shall use camouflage techniques which incorporate
architectural treatment to conceal or screen their presence from public view through
design to unobtrusively blend in aesthetically with the surrounding environment;
(b) New and replacement poles that support Communication Facilities shall match the
style, design, and color of the existing poles in the surrounding area. Further, all
poles shall meet current safety standards such as using breakaway connections and
the like;
(c) Ground-based equipment boxes must be located in areas with existing foliage or
another aesthetic feature to obscure the view of the equipment box. Additional
plantings may be required to meet this condition. Any new landscaping in the
County Rights-of-Way must be approved by the County which may require a
landscape maintenance agreement to be executed as a condition of the permit;
(d) With the exception of electric meters and disconnect switches, equipment such as
back-haul components shall not be mounted on the exterior of the pole;
(e) No exposed wiring or conduit is permitted;
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(t) The grounding rod may notextend above the top of sidewalk andmustbeplaced in
a pull box, and the ground wire between the pole and ground rod must be inside an
underground conduit;and
(g) All pull boxes must be vehicle load bearing, comply with FDOT Standard
specification 635 and be listed on the FDOT Approved Products List. A concrete
apron must be installed around all pull boxes not located in the sidewalk. No new
pull boxes may be located in pedestrian ramps.
SECTION EIGHT: Administrative Variances.
(1) Authority to Grant Administrative Variances. The Hearing Examiner has the authority to
grant an administrative variance up to ten(10) percent of the separation requirements contained
herein for replacement of existing or new Communication Facilities, Wireless Facilities, or
Wireless Support Structures. In making such a determination, the Hearing Examiner shall
consider,but is not limited to,the following:
(a) The permitting standards outlined in this Article;
(b) Any hardship associated with the land, including the size, shape, and dimensions
of lots, and the presence of protected native habitats as specified by the
Comprehensive Plan that affect the configuration of roads on the property;
(c) The risk of creating unfavorable precedent;
(d) The technology currently in use for Communications Facilities;
(e) The current available technology for Communications Facilities;
(f) Any costs associated with upgrading Communications Facilities;
(g) The risk of confusion that may cause or create delay in response time; and
(h) All applicable County, state, and federal regulations.
(2) Fees. To the extent allowed by state law, the Board is authorized to set reasonable fees
and to process an administrative variance application. Such fees shall be set by Board resolution.
Fees charged will substantially finance the expenditures of administering this Article. No
administrative variance shall be granted until such time as all applicable fees are paid to the
County.
SECTION NINE: Inspections.
The County may conduct any inspection it deems necessary to administer and enforce this
Article or any other County Codes, ordinances,or regulations,or to enforce the conditions of any
permit granted, or to enforce related regulations or policies. The County may order a work
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stoppage or revoke a permit, as it deems necessary in the case of a failure to comply with the
provisions of this Article or the conditions of any permit,or to otherwise protect the public health,
safety, and welfare.
SECTION TEN: Abandonment.
(1) Discontinuance of Use. In the event that an Applicant discontinues the use of any
Communications Facility, Wireless Facility, Small Wireless Facility, Micro Wireless Facility, or
Utility Pole for a period of one hundred eighty (180) consecutive days, the County shall deem it
to be abandoned. The County shall determine the date of abandonment. In reaching such
determination, the County may request documentation and/or affidavits from the Applicant
regarding the active use of the tower. If the Applicant fails to provide the requested documentation,
a rebuttable presumption shall exist that the Applicant has abandoned the Communications
Facility. The Applicant shall have ninety (90) days from the date of the notice of the County's
determination of abandonment to do one of the following:
(a) Reactivate the use;
(b) Transfer ownership to another Applicant who makes actual use; or
(c) Dismantle and remove the use.
(2) Expiration of Permit or Administrative Variance upon Removal. After the expiration of
the ninety (90) day period, or upon completion of dismantling and removal, any permit or
administrative variance shall expire.
SECTION ELEVEN: Performance Guarantee.
(1) Form of Surety. An Applicant shall provide an executed County Rights-of-Way Use Bond
or other form of surety acceptable to the County and the Office of the County Attorney in an
amount of not less than $15,000.00 or as otherwise established by the Board of County
Commissioners, to ensure against any damage that may take place within rights-of-way and
easements. Surety in an amount less than$15,000.00 is permissible if accompanied by a registered
professional engineer's estimate that any cost of restoration will be less than $15,000.00. All
restoration shall leave the County Rights-of-Way or easement in a condition which is as good as
or better than that which existed prior to construction.
(2) Discretion to Waive or Reduce Surety. The County may, in its sole discretion, waive or
reduce the amount of the guarantee otherwise required pursuant to this section for a small project
which involves minimal use of the County Rights-of-Way and is not likely to result in any damage
to the County Rights-of-Way, any other property, or any person. Any such waiver must be in
writing.
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SECTION TWELVE: Indemnification.
Any Applicant who makes any excavation in the County Rights-of-Way,makes any break
or cut in any surface of the County Rights-of-Way, deposits any earth or other material in the
County Rights-of-Way, places any Equipment or Facility in the County Rights-of-Way, modifies
any Equipment or Facility, or performs any other work in the County Rights-of-Way shall defend,
indemnify, and hold harmless the County from and against any liability or claim for damages or
any other relief, including reasonable costs and expenses arising from or in connection with any
act or failure to act by such Applicant in the County Rights-of-Way. Issuance of a permit or
inspection of work shall not affect the County's right to indemnification. This section does not
constitute a waiver of any defense or immunity as to any third party, which would otherwise be
available to the County.
SECTION THIRTEEN: Moving,Altering,or Relocating Equipment and Facilities.
(1) Demand by County. Upon demand by the County, an Applicant at their own costs shall
move,alter,relocate,or remove equipment or facilities and restore any affected County Rights-of-
Way as may be required by the County and shall complete any such work promptly or by such
date as may be specified by the County.
(2) Emergency Actions. In the event of an emergency, the County may in its sole discretion,
move,alter,relocate, or remove any equipment or facility and restore the affected County Rights-
of-Way. The Applicant shall be responsible for repairing or replacing any affected equipment or
facility at its own cost and shall reimburse the County for any costs incurred by the County in
moving, altering, relocating, or removing any equipment or facility and in restoring the affected
County Rights-of-Way in an amount equal to the sum of the actual cost of moving, altering,
relocating,or removing any equipment or facility and restoring the affected County Rights-of-Way
associated with such work and shall make any payment due as directed by the County and not later
than twenty(20)calendar days after receipt of a bill.
(3) Failure to Timely Comply with Demand. If an Applicant fails to fully comply with a
demand by the County pursuant to this section promptly or by the date specified by the County,
the County shall have the right to:
(a) Declare that all rights and title to and interest in the affected equipment or facilities
are the property of the County; and/or
(b) Move, alter, relocate, or remove any such equipment or facilities and restore the
affected County Rights-of-Way as it deems necessary. The Applicant shall
reimburse the County for any costs incurred in moving, altering, relocating, or
removing any equipment or facilities and restoring the affected County Rights-of-
Way in an amount equal to the sum of the actual cost of moving,altering,relocating,
or removing any equipment or facilities and restoring the affected County Rights-
of-Way associated with such work and shall make any payment due as directed by
the County and not later than 20 calendar days after receipt of a bill.
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SECTION FOURTEEN: Communication Facilities Previously in Existence.
Communication Facilities in County Rights-of-Way legally permitted or installed on or
before the effective date this Article was enacted shall be considered a permitted and lawful use.
In the event that such Communication Facilities are destroyed or voluntarily removed, any new
Communication Facility shall meet the requirements of this Article.
SECTION FIFTEEN: Appeals.
(1) Right to Appeal. Any person adversely affected by the final decision of the County as to
both registration and permit applications shall have the right to appeal that decision. An appeal
shall be made in writing through an Appeal Form to the County within thirty (30) calendar days
of the final decision.
(2) Ruling by Hearing Examiner. The Hearing Examiner shall rule on the administrative
appeal within fifteen(15)business days of receipt of the appeal. In considering whether to affirm,
reverse, or modify the decision of the County,the Hearing Examiner shall consider the comments
and recommendations of the County and any comments from Appellant and shall consider,but is
not limited to the following factors:
(a) The findings expressed by the County;
(b) The permitting standards outlined in this Article;
(c) Any hardship associated with the land, including the size, shape, and dimensions
of lots, and the presence of protected native habitats as specified by the
Comprehensive Plan that affect the configuration of roads on the property;
(d) The risk of creating unfavorable precedent;
(e) The technology currently in use for telecommunications facilities;
(f) The current available technology for telecommunications facilities;
(g) Any costs associated with upgrading telecommunications facilities;
(h) The risk of confusion that may cause or create delay in response time; and
(i) All applicable County, state,and federal regulations.
(3) The Hearing Examiner's decision shall be provided to Appellant in writing.
SECTION SIXTEEN: Conflict and Severability.
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In the event this Ordinance conflicts with any other ordinance of Collier County, this
ordinance shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION SEVENTEEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION EIGHTEEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of ,2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Penny Taylor. CHAIRWOMAN
Appro d a o orm and legality:
Jeffrey Kl t kow, County Attorney
t
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Account #027354
June 13, 2017
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
RE: Communication Facilities in Rights-of-Way Ordinance
Dear Legals:
Please advertise the above referenced Legal Notice Friday, June 16, 2017
and send the Affidavit of Publication with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500171993
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NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 27, 2017, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board
of County Commissioners, will consider the enactment of a County
Ordinance . The meeting will commence at 9 : 00 A.M. The title of the
proposed Ordinance is as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, FOR THE PURPOSE OF ESTABLISHING REQUIREMENTS FOR
COMMUNICATIONS FACILITIES IN THE COUNTY RIGHTS-OF-WAY; PROVIDING FOR
DEFINITIONS, REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES, INSPECTIONS, PERFORMANCE GUARANTEE, AND
INDEMNIFICATION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
J. 7F
(239) 252-8380 . Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
1 7 F
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, June 13, 2017 11:40 AM
To: Legals NDN (legals@naplesnews.com)
Subject: Ordinance - Communication Facilities in Rights-of-Way
Attachments: Communication Facilities in Rights-of-Way Ordinance.doc; Communication Facilities in
Rights-of-Way Ordinance.doc
Hello,
Please advertise the following attached ad Friday, June 16, 2017.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara, BAIR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(c4eollierelerk.com
1
1 7 F
Martha S. Vergara
From: Martha S.Vergara
Sent: Thursday, June 15, 2017 11:04 AM
To: Allen, Debbie
Subject: Ordinance - Communications Facilities in Rights-of-Way Ad Proof
Attachments: OFFICEOFTH-76-1649555-1.pdf
Hi Debbie,
Attached is the aforementioned ad proof for your review.
Let me know if there are any changes needed.
Thanks,
Martha
17F
Martha S. Vergara
From: Brenda.Hawkins@naplesnews.com
Sent: Thursday, June 15, 2017 11:01 AM
To: Martha S. Vergara
Subject: Ad: 1649555, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: OFFICEOFTH-76-1649555-1.pdf
Hope this comes through
Attached is the document you requested. Please review and let us know if you have any
questions. Thank you.
Ad Proo4,7f
Ct Datil! \71,,,,aft,;-1
Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com
1ccou t�rit(it 71a It5n li)Sertion liilorilnatior)
Date:06/15/17 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710.
Ad Id: 1649555 P.O.No.:45-171993 Total Cost:$387.44
Contact Name:
Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/16/17 Stop Date:06/16/17
Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16250-Public Notices
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,lune 27,2017,in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,FOR THE PURPOSE OF ESTABLISHING
REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE
COUNTY RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS,
REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES, INSPECTIONS, PERFORMANCE
GUARANTEE, AND INDEMNIFICATION; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING
FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN
EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE:All persons wishing tospeak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item.The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman,a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore,may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you area person with adisability who needsany accommodation
in order to participate in this proceeding,you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Department,located
at 3335 Tamiami Trail East,Suite#101,Building W, Naples,
Florida 34112,(239)252-8380.Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Martha Vergara,Deputy Clerk
(SEAL)
lune 16,2017 No.1649555
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
1 7 F
Martha S. Vergara
From: AllenDebbie <DebbieAllen@colliergov.net>
Sent: Thursday, June 15, 2017 11:11 AM
To: Martha S. Vergara
Subject: FW: Ordinance - Communications Facilities in Rights-of-Way Ad Proof
Deborah D. Affen
Legal Office Administrator
Collier County Attorney's Office
(239) 252-8400
From: PepinEmily
Sent:Thursday,June 15, 2017 11:11 AM
To: AllenDebbie<DebbieAllen@colliergov.net>
Subject: RE: Ordinance - Communications Facilities in Rights-of-Way Ad Proof
Title has been updated slightly. This is how it should read:
ORDINANCE NO. 2017-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR THE
PURPOSE OF ESTABLISHING REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE COUNTY
RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS, REQUIREMENTS FOR PERMITTING AND
REGISTRATION, ADMINISTRATIVE VARIANCES, INSPECTIONS, INDEMNIFICATION AND APPEALS;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Emily R. Pepin
Assistant County Attorney
(239) 252-8400
From:AllenDebbie
Sent: Thursday, June 15, 2017 11:06 AM
To: PepinEmily<E.milyP inccolliergov,net>
Subject: FW: Ordinance - Communications Facilities in Rights-of-Way Ad Proof
Emily,
Please review and let me know if it is ok for advertising.
Thank you.
Deborah D. .2. uie'n
Legal Office Administrator
Collier County Attorney's Office
(239)252-8400
1
i F
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, June 15, 2017 11:30 AM
To: 'Brenda.Hawkins@naplesnews.com'
Subject: Revision Request RE: 1649555, NOTICE OF INTENT TO CONSIDER ORDINAN
Importance: High
Brenda/Karol,
This ad title has been changed.
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,FOR THE PURPOSE OF ESTABLISHING
REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE
COUNTY RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS,
REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES, INSPECTIONS, PERFORMANC
4.110 GUARANTEE, AND INDEMNIFICATION; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES:PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerkto the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
Take out: PERFORMANCE GUARANTEE, AND
Should now read as follow from the line 6:
ADMINISTRATIVE VARIANCES, INSPECTIONS, INDEMNIFICATION
AND APPEALS; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVING FOR AN EFFECTIVE DATE.
If you have any question regarding the changes please call me at 252-7240.
Thanks,
Martha
Original Message
From: Brenda.Hawkins@naplesnews.com [mailto:Brenda.Hawkins@naplesnews.com]
1 7 F
Martha S. Vergara
From: Brenda.Hawkins@naplesnews.com
Sent: Thursday, June 15, 2017 11:45 AM
To: Martha S.Vergara
Subject: Ad: 1649555, NOTICE OF INTENT TO CONSIDER ORDINAN
Attachments: OFFICEOFTH-77-1649555-1.pdf
Revised document attached for your approval. Thank you.
1
Proof
•
•
, . 1 7 F
Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com
tl.p , -w_ t,_,m,_� q,t _'
ton hnfol`niatiun
� fi , r,,p,,,,.I
This is a proof of your ad scheduled to run on the dates indicated below.
Date:06/15/17
Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY
rep at(239)263-4710.
Ad Id: 1649555 P.O.No.:45-171993 Total Cost:$387.44
Contact Name:
Email:sherimalcolm@colliergov.net colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
5
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/16/17 Stop Date:06/16/17
Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class: 16250-Public Notices
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
i
• I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,June 27,2017,in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,FOR THE PURPOSE OF ESTABLISHING
REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE
COUNTY RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS,
REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES,INSPECTIONS,INDEMNIFICATION
AND APPEALS;PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
• A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection.All interested parties are
invited to attend and be heard.
NOTE All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman,a spokesperson for a group or
organization may be allotted 20 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by te Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore,may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you area person with adisabi l ity who needs any accommodation
in order to participate in this proceeding,you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Department,located
at 3335 Tamiami Trail East, Suite#101, Building W, Naples,
Florida 34112,(239)252-8380.Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PENNY TAYLOR,CIIAIRMAN
L DWIGHT E.BROCK,CLERK
By:Martha Vergara,Deputy Clerk
(SEAL)
June 16,2017 No.1649555
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
1.
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
1 7 F f
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, June 15, 2017 11:52 AM
To: Allen, Debbie; Pepin, Emily
Subject: Revised ad proof for Communications Ordinance
Attachments: OFFICEOFTH-77-1649555-1.pdf
Importance: High
Debbie & Emily,
Attached is the revised ad proof for the communications ordinance.
Let me know if there are any other changes as this ad needs approval within 9 minutes so that
is runs tomorrow!!!
Thanks,
Martha
1
psi
> Pi root
1 7 F
Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com
-.0
,Account i insertion Iniorin;ition
Date:06/15/17 This is a proof of your ad scheduled to run on the dates indicated below.
Account Number:525058(N027354) t ' Please confirm placement prior to deadline by contacting your account
Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710.
Ad Id:1649555 P.O.No.:45-171993 Total Cost:$387.44
Contact Name:
Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF INTENT TO CONSIDER ORDINAN
Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:06/16/17 Stop Date:06/16/17
Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16250-Public Notices
Publications:ND-Naples Daily News,ND-Internet-naplesnews.com
ll
I agree this ad is accurate and as ordered.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,lune 27,2017,in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COWER COUNTY,FLORIDA,FOR THE PURPOSE OF ESTABLISHING
REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE
COUNTY RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS,
REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES,INSPECTIONS,INDEMNIFICATION
AND APPEALS;PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection.All interested parties are
invited to attend and be heard.
NOTE:All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item.The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman,a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
prthe recorns before the Board will become a permanent part
Any person who decides tor appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore,may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you area person with a disability who needs any accommodation
in order to participate in this proceeding,you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Department,located g
at 3335 Tamiami Trail East,Suite#101,Building W,Naples,
Florida 34112,(239)252-8380.Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
By:Martha Vergara,Deputy Clerk
(SEAL)
June 16,2017 No.1649555
Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat-
egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi-
ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past
the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may
be pro-rated for the remaining full days for which the ad did not run.
� �
� �
Martha S. Vergara
From: PepinEmily <EmilyPepin@colliergov.net>
Sent: Thursday, June 15, 2017 11:55 AM
To: Martha S. Vergara; Allen, Debbie
Subject: RE: Revised ad proof for Communications Ordinance
Good to go.
Emily R. Pepin
Assistant County Attorney
(239) 252-8400
From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent:Thursday,June 15, 2017 11:52 AM
To:AUenDebbie<DebbieAUen@coUier8ov.net>; PepinEnoi|y<Emi|yPepin@»coUierQov.net>
Subject: Revised ad proof for Communications Ordinance
Importance: High
Debbie & Emily,
Attached is the revised ad proof for the communications ordinance.
Let me know if there are any other changes as this ad needs approval within 9 minutes so that
is runs tomorrow!!!
Thanks,
Martha
Under Honda L�vv e-maU addresses are public records. If you do not want your e-mail address released in response to a
1 7 F
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, June 15, 2017 11:57 AM
To: 'Brenda.Hawkins@naplesnews.com'
Subject: RE: 1649555, NOTICE OF INTENT TO CONSIDER ORDINAN
Importance: High
Brenda/Karol,
This revision has been approved for publishing.
Please proceed with publishing tomorrow!
Thanks,
Martha
Original Message
From: Brenda.Hawkins@naplesnews.com [mailto:Brenda.Hawkins@naplesnews.com]
Sent: Thursday, June 15, 2017 11:45 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: Ad: 1649555, NOTICE OF INTENT TO CONSIDER ORDINAN
Revised document attached for your approval. Thank you.
les Darty News 1 7 F
June
16,2°11 Nap
iso Friday t`�n
Public Notices Public Notices
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, June 27, 2017, in the
Boardroom,Third Floor,Administration Building,Collier County
Government Center,3299 Tamiami Trail East,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows: •
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,FOR THE PURPOSE OF ESTABLISHING
REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE
COUNTY RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS,
REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ADMINISTRATIVE VARIANCES,INSPECTIONS, INDEMNIFICATION
AND APPEALS; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding,you are entitled,at no
cost to you,to the provision of certain assistance.Please contact
the Collier County Facilities Management Department, located
at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112,(239)252-8380.Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
PENNY TAYLOR,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
June 16,2017 No.1649555
•
17F
apLrø Daily rwø
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Cheri Koerner who on oath says that he
serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County,
Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in
said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na-
ples, in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said
Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second
class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
OFFICE OF THE COUNTY ATTORNEY 1649555 NOTICE OF INTENT TO 45-171993
Pub Dates
June 16,2017
(1,4)IIV
(Signature of affiant)
N,rrury
I
,;?�*" " KAROL E KANGAS
Sworn to and subscribed before me rip.* Notary Pubile-State of Florida i
This June 19,2017 � . MY Comm.Expires Jul 29,2017 M
•.,, :r�,,.•` Commission N FF 017837 0
\- 0„f qcvvro
(Signature of affiant)
18D Friday,June 16,2017 Naples Daily News
Condos lie-furnished Hnrnesi Out,if State Autornebiles for Sale 1111111111.. M Nut brie,us Nitax Miscellanea us Notice
FALLING WATERS II 2B1 2BA BIG CANOE GA 1999 MERCEDES 51.500 Springs.Florida 34135,intends of Collier,in Naples,Florida 1 7 F
Beautiful renovated 2nd fl Now accepting short term COnderbTM,Silver;2 Tops; DODGE GRAND CARAVAN S%T to register the said name with 34114,intends to register the
fresh paint,new the&Jami- reservations for 2/2 cabin Good cond;109K miles;First 06.7 Pass.conpit hairs,all the Division of Corporations Said name with the Division
nate floors,new appliances. on 3 acres in the exclusive $6,000 awns it(317)709-0029. Power,leather(239)963-5035 of the Florida Department of of Corporations of the
W/D,tropical views,saltwa- Big Canoe mountain resort State, Tallahassee, Florida. Tallahassee.a Department of State,
ter pool,gated,min to beach an hour north Of Atlanta. 2010 CAhale a SRX BlackSi. Dated at Naples Florida,lune Florida.Dated at
&Old Naples,tennis courts, Hot tali n deck and glorious oven/shale ebony 60K mi. - 13.2017. Naples,Florida,lune 12,2017.
no pets/smokers.$1.550 mo. iews.Enjoy golf,tennis, $13,500(239)777-2594
(514)781-3472 hiking,ng,waterfalls.Explore AA TOP DOLLAR PAID!for 12017 Books RTG CONSULTING
email:nhoganl�gmail.com &shop nearby mountain Classics Cars,Muscle Cars, lune 16.2017 No.1649696 lune 16.2017 No.1647971
towns.For photos,rates &Sports Cars.(239)221-3000
Q
MOORINGS 2BR,2BA CONDO and availability see listing ihere�nwpla(ellkehere
2nd fir, updated; tropical #495166 onVRBO.comor ABSOLUTELY ALL AUTOS-
view. Excellent location (706)579-1233 Wanted!Dead or Alive Top$ Naples Daily News E001fieds There's
$1,800/mo.(239)2721516 AN ULTIMATE FLA CLASSY CAR FREE PICK UP 239-265-6140 RESERVE AT COLLIER
03 FORD THUNDERBIRD Com. APARTMENT HOMES no place
OSPREY POINTE P PEEICAH Mane. White,V8,auto.anti lock CASH FOR YOUR CAR. NOTICE OF INTENT TO
NAPLES 3BR/313.4,2 car gar. Real Estate brakes,keyless entry,ALL
YOUR CARREGISTER FICTITIOUS NAME
No smoke/pets$2,300 mo. Commercial Power,leather seats,51,700 NOTICE OF ACTION
6-12 mo annual 239-919-0495 mi.$161(obo(239)450-8392. SOLD TODAY! Notice Under Fictitious Name ...here!
(239)440.7718 Law Pursuant to Section
Offices/WareltorIse/Sale 865.09, Florida Statutes
Mr-i.e.-1,W,fl homes CORVETTES WANTED - To NOTICE IS HEREBY GIVEN that
2/2 MANUF HOME furnished, AAA BEAUTIFUL SUITES dollar.O Cash 41.92.Call 941- the Baggy Par ners9Ltd desiring to Real Estate
Very
renAl ice,$1, p0 mo;possible-6rn FROM$295.C.Wi39-643conference CACDevuCb ELDORADOAshape, 809 STEARN54MO70R91 engalgoeI name sofu neserve
Very nice, pool+;3-6 ma. .Call 239-643-1600
sale(239)263-3134 Offices/Warehouses/Rent needs cosmetic work. MOST TRUSTED at Collier Apartment Homes
A CARIBBEAN EFFICIENCY INDUSTRIAL SPACE FOR LEASE $11,000./obo(949)315-9610. BUYER Since 1977. located at 14815 Triangle Bay
Kitchen,W/D.$650.mo. MARCO ISLAND,1600 S to LINCOLN LSC MARK VIII 1997 All Vehicles wanted Dr.,in the County of Collier,in
0 Rod or Jim(239)774-7360 Naples,Florida 34119,intends
includes utilities,1st,last, 3500 s with office,CrEn
-5 zon- 8 cyl.,midnight black,sunroof, to rayy star the said name with
no smoke/pet.(239)265-3723 mg,1911 ceiling height,14:14 AC,auto.V8,4.61..84K mi the of the
slop of Corporations
'
overhead door.Climate con- $4,900.080(239)223-4838 WE BUY CARS,TRUCKS,BUYS, P
troller self storage, LINCOLN CONTINENTAL 2003 ment of '
Etc.Anything from $1.000 State. Tallahassee,rtFlorida.
Statical/Vacation Rentals 1005;10010;10x15. thniSam(239)5n.. Please call
Rizzi Stora a Industrial Runs 4864 or new.9-$3795.- Sam(239)595.1021 Dated at Naples,Florida,June
(239)389-9222 239-253-4864 or 239-963-6661 7,2017.
OLDE NAPLESMUSTANG CONVERTIBLE Reserve at Collier local ads
VINTAGECOTTAGESAve. !WATERFRONT!
White with tan leather,low Apartment Homes
Downtown fBroaded5. Spectacular Executive les ,50.Excellent condition. lune 16,GC No.1650468
Beautifullyfurnished with riven view of laNaples $6,500. OBO (239)537-3986 RTGCONSULTINGINTENT
Coastal living Bay, cab-ndete ph rileNOTICEFICITIOUS TO Sc
1 Block 3rd es Pi me.s,fax and copier.keepi1ng REGISTEROTI FICTITIOUS CTS NAME
2 Blocks to Naples Pier mo.Computer/bookkeeping Sprats and lm{forts NOTICE OF ACTION NOTICE
&Beach services available.(239)434- rot RED SAAB 93 Com.58K mi. Acis. Pe Ulie Sale The fiscal year ended June
Tropical yard/patio 6001 OR retcjk@aol.com Always garaged,perfect 4 Notice Under Fictitious Name 3D.2017 Annual Report of the
Weekly/Monthly rates g g - Law Pursuant to Section Garippa Foundation Inc. Is
Cal 239-220-0229 season x5,800(239)732-6289 NOTICE OF PUBLIC SALL 865.09, Florida Statutes available for inspection upon
Im '04 TOYOTA SOLARA XLS,Red/ DEALERSCHOICE AUTO NOTICE IS HEREBY GIVEN request of any citizen at 925
\'O_
WEEKLY&MONTHLY Recreation gray leather 195K.rig mi. REPAIR LLC gives Notice of that the undersigned, RTG Admiralty Parade E,Naples FL
x2.830 Ex cond(305)900-9290 Foreclosure of Lien and CONSULTING desiring to 34102 during regular business
BEST NAPLES '07 CORVETTE Convertible intent to sell these vehicles engage 'n business under hours for 180 days from
FLORIDA RENTALS Triple black,16K mi.,Mint on 07/03/2017, 8:00 AM at the fictitious name of RTG August 30,2017.The principal
Boats/Motors/M,lei' cond$32K obo(630)272-6548 6203 JANES LANE NAPLES,FL CONSULTING located at 8290 director!s John E.Garippa.
Taking R25ervationx 34109,pursuant to subsection Josefa Wa. the County June 16,2017 No.1647920
NOW&2018: 2016 22'SEA HUNT BAY BOAT 2086 TOYOTA SOLARA Con- 713.78 of the Florida Statutes.
Fiberglass t-top,150 VMax vertible,1 owner,new tires. DEALERSCHOICE AUTO Srtice Of o.feclOsure Notice Of Foreclosure
•Marco 3/2 Pool Home w/ /6 yr.wary.,3.5 hrsl Simrad battery;frontleatherite; yysgeats. REPAIR LLC reserves the right
•Marco Anglers Cove 1/1 By VHF.10'power 1r GPS pole,ole,standupp cond.$7000 W(609)828-9345. 000d or all bids,t or reject any and/ IN THE I TCJU COURTOFTHE
Week/Month baitwell,full CG pkg.High 1G3WH12MOTF321319 TWCLLIEICOUIAL NTY,CIRCUIT,IN AND
Yy FOR COLLIER COUNTY,FLORIDA.
••Lely Rearco sort L2each 1ub DIayers Club and
at River.$55K.Selling ;une OLDSMOBILE LLE M.1650508 CASE No.112016CA0005590001%X
•Lely Resort 3/2 Pool Home due to medical.727-457-8906 U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE,
•Lely Resort OLE'2/2 or (239)280-0511. NOTICE OF PUBLIC SALE: ON BEHALF OF THE HOLDERS OF THE
•4/3 Den,Pool&Spa LelyHARBORVIEW MORTGAGE LOAN TRUST 2006-1
2014 AUDI MAJORS w/Players BOAT AND YACHT DETAIL RS521) Notice is hereby given that
Club SeaSlde Marine CONVERTIBLE QUATTRO on 07/07/2017 t 8:00AM MORTGAGE LOAN PASS-THROUGH CERTIFICATES,
•Maplewood 3/2 Den Pool (239)641-7184 White 4.2 liter V8 DOHC 32V. the following vehicle(s)will SERIES 2006-1,
Home SeaSMeManneFlonda.com All wheel Drive.34.000 miles. be Sold a[ public auction PLAINTIFF,
•Forest Lakes 3/2 Pool Home CAPE DORY LO FT FIBERGLASS (23$51,000. for monies owed on vehicle
9)-417-9619 repairs and for Storaga el..
•Turtle Lakes/2Sailboat,ing$0 good condition. 5 V5.
•Forest Glen 1/1Golt Condo Asking$800.in new clition- yprSUant to Florida tatute,
•Heritage Greens 2/2 Golf 38,000).(239)595-4172,Bill Section 713.585.The lienors LISA MOCCO,ET AL.
Villa CAPTAIN'S LICENSE name,address and telephone
•Madison Park 3/2,2 car Naples OUPV-6-pale I number and auction location DEFENDANT(S).
garage Condo July 10th 877-4353187 are: R LLC 6200 E AUTO
•The Orchards 3/2 Condo 2011 LEXUS RX 350 REPAIR LLC 6203 JANES LANE NOTICE OF FORECLOSURE SALE
•Highpoint CC 2/2 w/GoNI original owner,silver,excel- NAPLES, FL 34109.239-273-
•Park Shore Resort 2/2 lent shape, 82K miles: 2944. Please note, parties NOTICE IS HEREBY GIVEN pursuant to the Final
Condo FONiMLJLA $18.750.(239)595.8673. claiming interest haveright Judgment of Foreclosure dated May 31,2017,in the above action,
•Royal Palm Golf Est 3/2 Pool to a hearing prior to the date I will sell to the highest bidder for cash at Collier County,Florida,
Home NOW Slr,�rl uiiluy Vc h;cic,� of sale with the Clerk of the on June 29,2017,at 11:00 AM.at Lobby 3rd Floor Courthouse
•Regent Park 3/2 Pool Home Court as reflected in the Annex of Collier County Courthouse 3315 E.Tamiami Trail,
•Lely Resort Twelve Oaks 2/2 3 OUTBOARD MODELS ZOO!NFlNRI QUOnotice. Naples,FL 34112 for the following described property:
Condo Rear wheel drive,loaded,800 The owner has the right to
w v,a.ro o„tssou .<omi.blue/tan,DVD,$77K obo. recover possession of the LOT 19,BLOCK B,PINE RIDGE,ACCORDING TO THE PLAT
See these&MORE 909 iort lath crSt. mm S.st9 lag Paid$83K(239)222-9081 vehicle without judicial THEREOF RECORDED IN PLAT BOOK 3,PAGE 24,OF THE PUBLIC
View all listed properties at r2191211 rot proceedings as pursuant to RECORDS OF COLLIER COUNTY,FLORIDA
BestNaylesFLRentals.Com. Florida Statute Section559.917.
Call lack Canners THE MARINA AT Motorcycles/Mal>e[JS Any proceeds recovered from Any person claiming an interest in the surplus from I
239-253-5446 2006 HONDA REBEL 250-3800 the sale of the vehicle over the sale,if any,other than the property owner as of the date of
FACTORY BAY mi.,new battery,carh and the amount of the lien will be the lis pendens must file a claim within sixty(60)days after the
tires.$1800.(609)915-0900 deposited with the Clerk of sale.The Court,in its discretion,may enlarge the time of the
,•''' Marco I the Court for disposition upon sale.Notice of the changed time of sale shall be published as
+^ � Slip will accommodate 2012 150CC TAO SCOOTER court order. provided herein.
f:°' 47'LOA 18'Wide: Red, w/ black/silver trim; 2015 APOFC136554
Deep Water Marina, low miles.Helmet and rain 2015 NISSAN DWIGHT E.BROCK
Direct Access to Gulf... gear in$1000.(239)352-4395 June 16.2017 No.1650522 Clerk Of the Circuit Court
No Bridge Issue;
Concrete Floating Docks; Ti,i,:s Miscellaneous N ii i Date:June 1.2017
Roomrnar,. Water/Electric;Modern
Clubhouse;Pump Out. '14 CHEVY ADO LT2 By:
FEMALE ROOMMATE WANT- $59,500.Paul:(239)253-4755 Crew cab,shorthort bed 33K mi. IDLEBURY BOOKS Deputy Clerk of the Court
ED-veiny nice house in Lely. VINTAGE 1961 DE 75 Extras,warranty remaining NOTICE OF INTENT TO MariaStocking6 23. (Seal)
$800 0. Please call for HP 75HP outboard, fresh $34,000.(239)-642-8866 REGISTER FICTITIOUS NAME lune 16&23,2017 No.1636938 I
details.(239)227.1905 water engine. Clean,runs NOTICE OF ACTION
FURNISHED PRIVATE ROOM&
veryr(39)57-3iB8239)495-2492 Vans Notice Under Fictitious Name
BATH N Naples All amenities, ((33 1994 CHEVY CONVERSION Law Pursuant to Section Vntll,Ni.11,,;<, P.i51H Nr-t l;:es ;
pool,tennis$700 mo.+1st Cant per,d Ry., VAN Rebuilt eng/trans,new 865.09, Florida Statutes
mo.security(239)200-6752 brakes A/C green.Runs good NOTICE IS HEREBY GIVEN NOTICE OF INTENT TO CONSIDER ORDINANCE
WANTED AU.MOTOR HOMES $2,300.obo(239)404-4315 that the undersigned,Joanne
AND CAMPERS.An cond. Hughson desiring to engage in Notice is hereby given that on Tuesday,lune 27 2017,in the
Rioms I,i n Uei Li,i. DODGE GRAND CARAVAN - business underthe fictitious Boardroom,Third Floor,Administration Building,Collier Count
Cash Paid. (954)789-7530. 2014.Wheelchair Van with name of Idlebury Books Government Center,3299 Tamiami Trail East,Naples,Florida,the
BR+DEN 5200 WEEKLY 2001.29'
MC mo WINNIE 10"lowered fir,ramp&tie located at9908f i lla Way. Board of County Commissioners,will consider the enactment of
Includes all.Female seeks 2001.29'class C motorhome. downs.(239)494-8267. in the Count of Lee.in Bonita a County Ordinance. The meeting will commence at 9:00 A.M.
same.Call(239)961-1645 39,500 mi.Sleeps 6,4K gen- The title of the proposed Ordinance is as follows:
motor.Excellent condition. Nr air i r Ot l i rclism,.
FAIRWAYS INN OF NAPLES $16,900(239)784-6138.
Rooms start at$275 per wk; IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
$300 w/kitchen(239)597-8181 On if Carts COURT COLLIER COUNTY,FLORIDA,FOR THE PURPOSE OF ESTABLISHING
IN AND FOR COLLIER COUNTY,FLORIDA REQUIREMENTS FOR COMMUNICATIONS FACILITIES IN THE
E2 GO GOLF CART+CHARGER CIVIL ACTION COUNTY RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS,
Rentals Ti Share 2 person,good cond.Ask- REQUIREMENTS FOR PERMITTING AND REGISTRATION,
ing$3300.Must see!North THOMAS F.SHIELDS REVOCABLE ADMINISTRATIVE VARIANCES,INSPECTIONS,INDEMNIFICATION
A MALE SEEKS a Non-Smoker Naples,Appt:(239)300.0787 TRUST DATED OCTOBER 29,1996 AND AND ORDINANCES;PROVIDING INCLUSION
LAWFOR CONFLICT AND
in his furnished home.
Call for details(239)734-0343 Plaintiff SEVERABIUTY;AND PROVIDING FOR AN EFFECTIVE DATE.
vs. Case No.16-CA-2319
Motorcycles/M Mopeds A Copy of the proposed Ordinance is on file with the Clerk to the
Scnir,r Uo.i s.•r rI 2006 ROAD KING HARLEY ULLAH'S REAL ESTATE,LLC,a Florida Board and is available for inspection.All interested parties are
DAVIDSON 6K original mi.,1 LIMITED LIABILITY COMPANY,FARID invited to attend and be heard.
owner,2 sets of saddle bags ULLAH,individually,KEY MARCO
2/2 FURWUNFURN Condos fiberglass&leather.Many COMMUNITY ASSOCIATION,INC.. NOTE All persons wishing to speak on any agenda item must
pool,clubhouse and many extras&chrome. Midnight a Florida not for profit corporation,and register with the County administrator prior to presentation of
amenities,must be 55 or Blue.$12,500.(305)778-1035. HIDEAWAY BEACH ASSOCIATION,INC., the agenda item to be addressed. Individual speakers will be '
older NON smoker,no pets. A Florida not for profit corporation, limited to 3 minutes on any item.The selection of an Individual
Sun Realty/Jean Romano to speak on behalf of an organization or group is encouraged. I
Realtor 239-398-5005 or Personal Write reran Defendants. If recognized by the Chairman,a spokesperson for a group or
jeansellsfunWaol.com organization may be allotted 10 minutes to speak on an Item.
2.06 SEA-1/430 BOMADIER MI NOTICE OF SALE
Top peed 80HP,75 hrs.5 (Please publish in the Naples Daily News) Persons wishing to have written or graphic materials included in
Space Rentals person tow raft,with trail- the Board agenda packets must submit said material a minimum
er, life jackets. $12K obo NOTICE IS GIVEN that,pursuant to the Final Judgment of of 3 weeks prior to the respective public hearing.In any case,
(239)222-9081written materials intended to be considered bythe Board shall
COMMERCIAL/OFFlCE Foreclosure dated on the 7th day of June 2017,in the above-
900 square ft, $865 mo. styled case in the Circuit Court of the Twentieth Judicial Circuit be submitted to the appropriate County staff a minimum of
(239)262.4121 Recreational Storage in and for Collier County Florida I will sell to the highest bidder seven days prior to the public hearing. All material used in
for cash in the lobby on the third floor of the Courthouse Annex Presentations before the Board will become a permanent part
OPEN AIR STORAGE in N ples OWN YOUR COVERED RV in the Collier County Courthouse,3315 Tamiami Trail E.,Naples, of the record.
Industrial Park, low rates, OR BOAT PARKING SPACEI FL 34112 at 11:00 a.m.on the 10th day of July,2017 the following
contact Jim @239-370-5070 www.hideawayrnondes.com described property set forth in the Fina{Judgment: Any person who decides to appeal a decision of the Board
MIKE PRICE 0-0665 will need a record of the proceedings pertaining thereto and
Ug To 3 Months FREE RENT! Germain Properties of Naples LOT 4,BLOCK 21,HIDEAWAY BEACH,according to the plat therefore,may need to ensure that a verbatim record of the
At FRENCH QUARTER STORAGE: MOTORHOMES thereof recorded at Plat Book 12,Pages 80 through 85.OF THE proceedings is made,which record includes the testimony and
Executive Suites and Triple RVs, boat, auto. Covered PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. dente upon which the apnea{is based.
Net Commercial Space, available. (239)643-0447 a/k/a 362 Beach Lilly Lane.Marco Island,FL 34145 If you areepersonwithadisabilitywho needs any accommodation
Various Sizes.Beth Spoke {n order to participate in this proceeding,you are entitled,at no
239-261-2888 /� Parcel cost to you,to the provision of certain assistance.Please contact
Transportation the Collier County Facilities Management Department,located
Storage Units ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM at 3335 Tamiami Trail East,Suite#101,Building W,Naples,
THE SALE,IF ANY,OTHER THAN THE PROPERTY OWNER AS OF Florida 34112,(239)252-8380.Assisted listening devices for the
THE DATE OF THE SALE MUST FILE A CLAIM WITHIN 60 DAYS hearing impaired are available in the County Commissioners'
A/C LOCKERS, 3'x4'up to Classic Cars AFTER THE SALE. Office.
warehouse)64,-0west ps in BOARD OF COUNTY COMMISSIONERS
Naples!(239)643-0447 1986 ROLLS-ROYCE CORNICNE WITNESS my hand on the 8th day of lune,2017. COLLIER COUNTY,FLORIDA
AIRCONDITIOND SELF Storage1ss mi.Immaculate,1 owner PENNY TAYLOR,CHAIRMAN
(55,000.(347)596-1009. Dwight E.erock
in Private Industrial:( 9)5-1Space. Clerk of the Circuit Court
For specials:(239)254-1971 WANTEDHOBy:
GHT ROCK, Dep
VINTAGELERK
HOTROD Patricia Murphy ey:Martha Vergara,Deputy Clerk
STORAGECIUNIT 0.my STEEL abandoned end ep9 1W-52 June Deputy&Clerk3,(Seal) (SEAL)
CONTAINER f)45.-9 flat fender39)jeep.7.01941-52 June 16&23,2017 No.1644794 June 16.2017 No.1649555
1st&last(239)455-1968 (239)227.0319
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 F
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office EP 6/27/17
4. BCC Office Board of County
Commissioners J44� t4"a�-14
5. Minutes and Records Clerk of Court's Office Ia4-/11- 1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Emily Pepin,Assistant County Attorney Phone Number 252-8400
Contact/Department
Agenda Date Item was 6/27/17 Agenda Item Number ID#3391/`-aC
Approved by the BCC
Type of Document Ordinance—Communications Facilities Number of Original One
Attached ✓ Documents Attached ✓`�/
PO number or account N/A 0.014-01:4-
number
®14--atenumber if document is ✓✓✓
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whic i- - Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature strA-D a EP
2. Does the document need to be sent to another agency for addition. . .. ' yes, EP
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be EP
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's EP
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the EP
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's EP
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip EP
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/27/17 and all changes made during the EP
meeting have been incorporated in the attached document. The County Attorney's tk tiMv geld`
Office has reviewed the changes, if applicable. ire
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the torifriorfritir
Chairman's signature. "c).
[04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
Ann P. Jennejohn 17F
From: Ann P.Jennejohn
Sent: Wednesday, June 28, 2017 3:38 PM
To: 'CountyOrdinances@dos.myflorida.com'
Cc: Minutes and Records
Subject: CLL20170628_Ordinance2017_27
Attachments: CLL20170628_Ordinance2017_27.pdf
Tracking: Recipient Delivery
'CountyOrdinances@dos.myflorida.com'
Minutes and Records Delivered:6/28/2017 3:38 PM
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2017-27
SENT 13Y: Collier County Clerk of the Circuit Court
Board Minutes & Records Department
SENDER'S PHONE: 2.3q-z52-8406
Thavtk you.
Avon Jenne john, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment 13oard
Collier Couvtty 13oard Minutes & Records Dept.
2367-252-8406 Fax 23q-252-8408
1
Ann P. Jennejohn
1 ? F
From: Ann P.Jennejohn
Sent: Wednesday,June 28, 2017 4:48 PM
To: PepinEmily(EmilyPepin@colliergov.net)
Subject: Ordinance 2017-27 (Item #17F 6-27-17)
Attachments: Ordinance 2017-27.pdf
Hi Emily,
A copy of Ordinance 2017-27, Item #17F, adopted
by the 13oard yesterday is attached for your records.
The last page is the state's acknowledgement.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustwtent Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 23g-252.-8408
1
17F
ORDINANCE NO. 2017- 2 7
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, FOR THE PURPOSE OF
ESTABLISHING REQUIREMENTS FOR COMMUNICATIONS
FACILITIES IN THE COUNTY RIGHTS-OF-WAY; PROVIDING FOR
DEFINITIONS, REQUIREMENTS FOR PERMITTING AND
REGISTRATION, ADMINISTRATIVE VARIANCES, INSPECTIONS,
INDEMNIFICATION AND APPEALS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County owns, controls, and manages lands designated as rights-of-
way; and
WHEREAS. Florida law recognizes that obstruction of the rights-of-way constitutes a
public nuisance; and
WHEREAS, in 2017 the Florida Legislature enacted HB 687, known as the "Advanced
Wireless Infrastructure Deployment Act" and codified in Florida Statutes § 337.401; and
WHEREAS, the County's rights-of-way are a limited resource which must be managed to
handle both current uses and planned and expected future uses; and
WHEREAS, the County wishes to exercise its abilities to regulate wireless facilities as
authorized by the Act in order to seek to ensure adequate protection of the public's health, safety,
and welfare and to minimize the impacts of communication facilities on surrounding areas by
establishing standards for location, landscape screening and compatibility.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Purpose and Intent.
The Board of County Commissioners of Collier County, Florida, hereby declares as a
legislative finding that the County 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 County 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 County Rights-of-Way by providers of communications services must be subject to
regulation which can ensure minimal inconvenience to the public, coordinate users, maximize
available space, reduce maintenance and costs to the public, and facilitate entry of an optimal
number of providers of cable,telecommunications, and other services in the public interest.
It is the intent of the County to promote the public health, safety and general welfare by:
1
17F
providing for the placement or maintenance of Communications Facilities in the County Rights-
of-Way within the County limits; adopting and administering reasonable rules, regulations and
general conditions not inconsistent with State and Federal law,including Section 337.401,Florida
Statutes(2016), as it may be amended from time to time, and in accordance with the provisions of
the Federal Telecommunications Act of 1996 and other Federal and State law;establish reasonable
rules, regulations and general conditions necessary to manage the placement and maintenance of
Communications Facilities in the County Rights-of-Way by all Communications Services
Providers; minimize disruption to the County Rights-of-Way; and require the restoration of the
County Rights-of-Way to original condition.
This Ordinance is intended to supplement Ordinance No. 03-37, as amended, the
"Construction in Public Rights-of-Way Ordinance." To the extent these ordinances differ, this
ordinance shall control with regard to Communications Facilities.
SECTION TWO: Definitions.
For purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them:
(1) Antenna shall mean communications equipment that transmits or receives electromagnetic
radio frequency signals used in providing wireless services.
(2) Applicable Codes shall mean the Collier County Land Development Code and 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, which have been adopted as part of the Collier County Code of
Ordinances and which help implement the requirements of Section 337.401,Florida Statutes. The
term includes objective design standards adopted in this Article that require a new Utility Pole that
replaces an existing Utility Pole to be of substantially similar design, material, and color or that
require reasonable spacing requirements concerning the location of ground-mounted equipment.
The term includes objective design standards adopted in this Article that require a Small Wireless
Facility to meet reasonable location context, color, stealth, and concealment requirements.
(3) Applicant shall mean a person who submits an application and is a Wireless Provider or is
an agent of a Wireless Provider.
(4) Application shall mean a request submitted by an applicant to the County for a permit.
(5) Arterial Roadway shall mean any street or roadway that constitutes the highest degree of
mobility at the highest speed, for long, uninterrupted travel, and constitutes the largest proportion
of total travel as per the Federal Functional Classification Map maintained by the State of Florida
Department of Transportation District Office, as amended, and is owned by the County.
(6) County Utility Pole shall mean a utility pole owned by the County in the County Rights-
of-Way. The term does not include a Utility Pole owned by a municipal electric utility, a Utility
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Pole used to support municipally owned or operated electric distribution facilities,or a Utility Pole
located in the County Rights-of-Way within:
(a) A retirement community that:
1. Is deed restricted as housing for older persons as defined in Section
760.29(4)(b), Florida Statutes;
2. Has more than 5,000 residents; and
3. Has underground utilities for electric transmission or distribution.
(b) A municipality that:
1. Has a land area of less than five (5) square miles;
2. Has less than 10,000 residents; and
3. Has, before July 1, 2017, received referendum approval to issue debt to finance
municipal-wide undergrounding of its utilities for electric transmission or
distribution.
(7) Collector Roadway shall mean any street or roadway that provides a mix of mobility and
land access functions, linking major land uses to each other or to the arterial highway system as
per the Federal Functional Classification Map maintained by the State of Florida Department of
Transportation District Office, as amended, and is owned by the County.
(8) Collocate or collocation shall mean to install,mount,maintain,modify, operate,or replace
one or more Wireless Facilities on, under, within, or adjacent to a Wireless Support Structure or
Utility Pole. The term does not include the installation of a new Utility Pole or Wireless Support
Structure in the County Rights-of-Way.
(9) Common Side-Lot Lines shall mean a line drawn parallel to the side lot line at the depth of
a required side yard setback as delineated in the County's Zoning Regulations.
(10) Communications Facility means a facility that may be used to provide Communications
Services, including Wireless Facilities, Small Wireless Facilities, Micro Wireless Facilities, and
Utility Poles that contain communications elements. Multiple cables, conduits, strands, or fibers
located within the same conduit shall be considered one Communications Facility for purposes of
this Article.
(11) Communication 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 or hereafter devised, regardless of the protocol used for such
transmission or conveyance,as per Florida Statutes § 202.11,as amended. The term includes such
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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 as voice-over-Internet-protocol services or is
classified by the Federal Communications Commission as enhanced or value-added. The term
does not include:
(a) Information services;
(b) Installation or maintenance of wiring or equipment on a customer's premises;
(c) The sale or rental of tangible personal property;
(d) The sale of advertising, including, but not limited to, directory advertising;
(e) Bad check charges;
(f) Late payment charges;
(g) Billing and collection services; and
(h) Internet access service,electronic mail service,electronic bulletin board service,or
similar on-line computer services.
(12) Communication Services Provider shall mean a person who provides Communication
Services and is chartered by the State of Florida, pursuant to Section 362.01, Florida Statutes. A
certificate to provide Competitive Local Exchange Telecommunications (CLEC) service or
provide Alternative Access Vender (AAV) services granted by the Public Service Commission
does not grant the right to provide Wireless Services.
(13) County means Collier County, including any agency of or any other entity acting on behalf
of the County and any officer, official,employee, agent,representative, or designee of the County,
agency, or entity.
(14) County Rights-of-Way means the surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard,
drive, concourse, bridge, tunnel, park,parkway, waterway, dock, bulkhead,pier, easement,public
easement, or similar property in the County, in which the County holds a property interest or over
which the County exercises legal control, and for which the County may lawfully grant a right of
use to any person for placement of any equipment or facility or similar use. The term "County
Rights-of-Way,"shall not include any other property owned or controlled by the County,including
any building, fixture, structure, or other improvement, regardless of whether it is situated in the
County Rights-of-Way.
(15) Emergency means a condition which poses clear and immediate danger to the life, safety,
or health of one or more persons, or poses clear and immediate danger of significant damage to
property.
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(16) Emergency Action means any action in the County Rights-of-Way, including repair,
replacement, or maintenance of any existing equipment or facility, which is necessary to alleviate
an emergency.
(17) Equipment or Facility means any line, conduit or duct, utility pole, transmission or
distribution equipment (e.g., an amplifier, power equipment, optical or electronic equipment, a
transmission station, switching or routing equipment), cabinet or pedestal, handhole, manhole,
vault, drain, location marker, appurtenance, or other equipment or facility associated with
communications services located in the County Rights-of-Way.
(18) FCC shall mean the Federal Communications Commission.
(19) Local Roadways shall mean any street or roadway which primarily serves to provide access
to adjacent land and service to travel over relatively short distances as compared to Collector
Roadways or Arterial Roadways, as per the Federal Functional Classification Map maintained by
the State of Florida Department of Transportation District Office, as amended.
(20) Micro Wireless Facility shall mean 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.
(21) Person means any natural person or any association, company, firm, partnership, joint
venture, corporation, governmental entity, or other legal entity.
(22) Small Wireless Facility shall mean a Wireless Facility that meets the following
qualifications:
(a) Each Antenna associated with the facility is located inside an enclosure of no more
than six (6) 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 (6) cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively no more
than twenty-eight (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.
(23) Utility Pole shall mean a pole or similar structure that is used in whole or in part to provide
Communications Services or for electric distribution, lighting,traffic control, signage, or a similar
function. The term includes the vertical support structure for traffic lights but does not include a
horizontal structure to which signal lights or other traffic control devices are attached and does not
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include a pole or similar structure fifteen (15) feet in height or less unless the County grants a
waiver for such pole.
(24) Wireless Facility shall mean equipment 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 power
supplies, and comparable equipment, regardless or technological configuration, and equipment
associated with wireless communications. The term includes Small Wireless Facilities. The term
does not include:
(a) The structure or improvements on, under, within, or adjacent to the structure on
which the equipment is Collocated;
(b) Wireline backhaul facilities; and
(c) 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.
(25) Wireless Infrastructure Provider shall mean a person who has been certified to provide
telecommunications service 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.
(26) Wireless provider shall mean a wireless infrastructure provider or a wireless services
provider.
(27) Wireless Services shall mean any services provided using licensed or unlicensed spectrum,
whether at a fixed location or mobile,using Wireless Facilities.
(28) Wireless Services Provider shall mean a person who provides Wireless Services.
(29) Wireless Support Structure shall mean 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. The term does not include a Utility Pole.
To the extent these definitions differ from the definitions set forth in the "Advanced
Wireless Infrastructure Deployment Act" as amended, the definitions of the Act shall control.
SECTION THREE: Registration Requirements.
(1) Registration Required. Any Communications Services Provider, Wireless Provider, or
Wireless Infrastructure Provider that places or seeks to place Facilities in the County Rights-of-
Way shall register with the County.
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(2) Registration Information. Any Communications Services Provider, Wireless Provider, or
Wireless Infrastructure Provider shall provide the following information to the County:
(a) Name of the registrant;
(b) If the registrant is a corporation or limited liability company, proof of authority to do
business in the State of Florida;
(c) Name, address, telephone number, and electronic mail address of a contact person
for the registrant;
(d) The number of the registrant's current certificate of authorization issued by the
Florida Public Service Commission, the Federal Communications Commission, or
the Department of State; and
(e) Proof of insurance or self-insuring status adequate to defend and cover claims.
(3) Review and approval. Within thirty (30) days after receipt of the information submitted
by the Applicant, the County shall determine whether the applicant for Registration contains all
information and documentation required and shall advise the Applicant of any areas of deficiency
in writing. The Applicant shall resubmit the required information and documentation within thirty
(30) days of the date of the notice of deficiency, otherwise the application for Registration is
considered withdrawn. A notice of deficiency and/or denial of Registration shall not preclude an
Applicant from reapplying or filing subsequent applications for Registration under the provisions
of this Section. An Applicant has thirty(30)days after receipt of the notice of denial to appeal the
decision as provided herein.
(4) 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 County Rights-
of-Way and will no longer need to obtain permits to perform work in the County Rights-of-Way.
A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any
Communications Facilities in the County Rights-of-Way.
(5) Registration updates. Within thirty(30)days of any change in the information required to
be submitted, a Registrant shall provide updated information to the County.
(6) 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. Registration renewals shall include an inventory of the Registrant's
newly installed Communications Facilities or Abandoned Communications Facilities within the
County Rights-of-way placed since the most recent renewal or update. Failure to renew a
Registration may result in the County restricting the submittal and acceptance of any additional
Permit applications until the Communications Services Provider, Communications Facility
Provider or the Pass-Through Provider has complied with the Registration requirements of this
Article.
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(7) Notice of Transfer, Sale or Assignment of Assets in County Rights-of-Way. An Applicant
shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or
involuntary sale, or by ordinary sale, consolidation or otherwise, a Registration granted pursuant
to this Article without having first provided the County with at least thirty(30)days written notice
of the same. Further, any such Person to whom such transfer has been made, must register with
the County in accordance with this Article within sixty (60) days of the transfer. If Permit
Applications are pending in the Applicant's name,the transferee,buyer or assignee shall notify the
County that the transferee, buyer or assignee is the new Applicant.
(8) Compliance required. A Registrant shall at all times comply with and abide by all
applicable provisions of State and federal law and County ordinances, codes and regulations in
placing or maintaining a Communications Facility in the County Rights-of-Way.
(9) A violation of the requirements of this Section shall be a violation of this Article and the
Applicant who is alleged to have violated any of the provisions of this Section may be subject to
the enforcement remedies set forth in this Article.
SECTION FOUR: Involuntary Termination of Registration.
(1) Involuntary Termination. The County may terminate a Registration if:
(a) A federal or state authority suspends, denies, or revokes a Registrant's certification or
license required to provide Communications Services;
(b) The Registrant's use of the County Rights-of-Way presents a danger to the general public
or other users of the County Rights-of-Way and the Registrant fails to remedy the danger
promptly after receipt of written notice;
(c) The abandonment by the Registrant of any of its Communications Facilities in the County
Rights-of-Way; or
(d) Substantive and material repetitive violations of any of the provisions of this Article.
(2) Notice of Intent to Terminate. Prior to termination, the Registrant shall be notified by the
County Manager with a written notice setting forth all matters pertinent to the proposed
termination action, including the reason therefore. The Registrant shall have thirty(30) days after
receipt of such notice within which to address or eliminate the reason or within which to present a
plan, satisfactory to the County to accomplish the same. If the plan is rejected, the County shall
provide written notice of such rejection within fifteen (15) days of receipt of the plan to the
Registrant and shall make a final determination as to termination of the Registration and the terms
and conditions relative thereto. A final determination to terminate a Registration may be appealed
as set forth below.
(3) Post Termination Action. In the event of termination, following any appeal period, the
former Registrant shall: (1)in accordance with the provisions of this Article and as may otherwise
be provided under state law, notify the County of the assumption or anticipated assumption by
another Registrant of ownership of the Registrant's Communications Facilities in the County
Rights-of-Way; or (2) provide the County with an acceptable plan for disposition of its
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Communications Facilities in the County Rights-of-Way. If a Registrant fails to comply with this
subsection, the County may exercise any remedies or rights it has at law or in equity, including,
but not limited to taking possession of the Communications Facilities.
SECTION FIVE: General Permitting Requirements.
(1) Applicability. The provisions of this Article shall apply to County Rights-of-Way in both
the unincorporated areas of the County and those locations where the County holds a proprietary
interest in the County Rights-of-Way. It shall not apply in the incorporated areas where the County
does not hold a proprietary interest.
(2) Proprietary Interests of the County. Because of the proprietary interests the County holds
in the County Rights-of-Way, the placement of Communications Facilities within County Rights-
of-Way shall in all cases be subject to the discretionary County Rights-of-Way permit process.
(3) Permit Required. Except for those exempt activities specifically listed below, it shall be
unlawful for any person to place any Communication Facilities,Equipment or Facilities,or related
equipment in the County Rights-of-Way without a County Right-of-Way Permit.
(a) Permit Applications. Applications to place a Wireless Facility in County Rights-of-Way
shall contain the following:
1. The name and address of the Applicant who is requesting the permit and
written evidence that such Applicant has legal authority to place, maintain, or remove the
Equipment or Facilities covered by the requested permit in the County Rights-of-Way and
will own and control all such Equipment and Facilities after completion of construction;
2. An engineering plan signed and sealed by a Florida Registered Professional
Engineer, or prepared by a person who is exempt from such registration requirements as
provided in F.S. § 471.003, identifying the location of the proposed facility, including a
description of the facilities to be installed, where it is to be located, and the approximate size
of facilities and equipment that will be located in County Rights-of-Way;
3. A description of the manner in which the facility will be installed (i.e.
anticipated construction methods and/or techniques);
4. The timetable for construction of the project or each phase thereof, and the
areas of the County which will be affected;
5. A County-approved traffic control plan for vehicular and pedestrian traffic
in the area to be affected by the proposed work;
6 Proof of insurance;
7. Identification and description of any utility or other distribution or
transmission system to which any Equipment or Facility covered by the requested permit
is to be connected or attached;
8. Drawings(in such detail and form as may be specified by the County)which
show: County Rights-of-Way in the area of the proposed construction; locations of all
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existing Equipment and Facilities in the area of proposed construction; all Equipment and
Facilities to be installed or removed; the routes of all transmission and distribution lines to
be installed or removed; and the sites of all other Equipment and Facilities to be installed
or removed in the County Rights-of-Way;
9. Application fee per the Collier County Right-of-Way Fee Schedule, as may be
amended from time to time; and
10. Such additional information requested by the County that the County finds
reasonably necessary to review the Application.
(4) Exemptions. The following activities are exempt from the requirements of this Article:
(a) Emergency Actions, but the County reserves authority to require an after-the-fact
permit;
(b) Routine Maintenance and Repair of: Communications Facilities, Wireless
Facilities, Small Wireless Facilities, Micro Wireless Facilities, Wireless Support
Structures, or Utility Poles authorized to be located within the County Rights-of-
Way;
(c) Installation,construction,or modification of: Communications Facilities, Wireless
Facilities, Small Wireless Facilities, Micro Wireless Facilities, Wireless Support
Structures, or Utility Poles by the County or approved as part of a County-initiated
project within the County Rights-of-Way; and
(d) Placement or operation of Communications Facilities in the County Rights-of-Way
by a Communications Services Provider authorized by state law to operate in the
rights-of-way. Under Section 362.01, Florida Statutes, any telegraph or telephone
company charted by this or another state, or any individual operating or desiring to
operate a telegraph or telephone line, or lines, in this state, may erect posts, wires
and other fixtures for telegraph or telephone purposes on or beside any public road
or highway; provided, however, that the same shall not be set as to obstruct or
interfere with the common uses of said roads or highways.
(5) Emergency Action. Any person who performs work in the County Rights-of-Way in
connection with an Emergency Action without a permit shall immediately notify the County of the
Emergency Action. The person shall cease all work immediately upon completion of Emergency
Action. The person shall also cease all work immediately upon receipt of a County stop work
order determining the situation does not involve an emergency or that the Emergency Action is no
longer warranted.
(6) Effective Life of Approved Permit Application. A permit issued pursuant to an approved
application shall remain effective for one year unless extended by the County for an additional
year. The County may only grant a single extension.
(7) Revocation. The County may revoke any permit granted pursuant to this Article, without
refunding any fees, if it finds that an Applicant has not complied with applicable law, including
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any provision of a permit, this Code, or any franchise, license, or other authorization, or that
revocation is necessary to protect the public health, safety, or welfare.
(8) Avoidance of interference, displacement, damage or destruction or destruction of other
facilities, endangerment of life and property. A Registrant shall not place or maintain its
Communications Facilities so as to interfere with, displace, damage or destroy any facilities,
including but not limited to sewers, gas or water mains, storm drains, storm drainage lines, pipes,
cables or conduits of the County or any other Person's facilities lawfully occupying the County
Rights-of-Way and shall not endanger the life or property of other persons.
(9) Coordination with other work in County Rights-of-Way. Upon request of the County, and
as notified by the County of other work, construction, installation or repairs, a Registrant is
encouraged to coordinate Placement or Maintenance activities under a Permit with any other work,
construction,installation or repairs that may be occurring or scheduled to occur within a reasonable
timeframe in the subject County Rights-of-Way, and the Registrant may be required to reasonably
alter its Placement or Maintenance schedule as necessary so as to minimize disruptions and
disturbance in the County Rights-of-Way.
(10) Maintenance in accordance with industry standards and applicable law. A Registrant shall
maintain its Communications Facilities in good condition, order and repair in a manner consistent
with accepted industry practice and applicable law.
(11) Safety practices; encourage strengthening utility infrastructure and infrastructure
hardening plan. All safety practices required by applicable law or accepted industry practices and
standards shall be used during the placement or maintenance of Communications Facilities. The
County strongly encourages strengthening utility infrastructure and in particular as it relates to
flooding and hurricane related events, and registrants are encouraged to implement an
infrastructure hardening plan for any Communications Facilities within the County Rights-of-
Way.
(12) As-Built Plans and GPS Coordinates. Upon completion of work authorized by a permit
for a Small Wireless Communications Facility or a Wireless Support Structure, in the event that
field work resulted in changes from the permit plans, the applicant shall furnish to the County the
exact GPS coordinates of the Small Wireless Communications Facility or Wireless Support
Structure, at no cost to the County, and one complete set of sealed as-built plans. The as-built
plans shall be in an electronic format specified by the County.
(13) Discretion to Include Conditions. The County may include conditions on permits to ensure
adherence to the County Code of Ordinances and adequate protection of the public's health, safety
and welfare. These conditions may include,but are not limited to,interim or temporary restoration,
patching, or resurfacing of the County Rights-of-Way during the construction period.
(14) Uniform Permit Conditions. All permits issued pursuant to this Article shall contain the
following conditions:
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(a) The Applicant shall remove any rubbish, excess earth, rock, or other debris arising
from or associated with any work performed in the County Rights-of-Way and any
other property affected by such work on a frequent and regular basis (or as
specifically directed by the County), to the satisfaction of the County, and at the
expense of Applicant;
(b) Unless otherwise specified by the County, the Applicant shall illuminate through
use of red lanterns, red lights, or red torches any building material, machinery,
motor vehicle, equipment, facility, or other object placed in the County Rights-of-
Way in connection with any work performed in the County Rights-of-Way,
between sunset and sunrise. The permittee shall place such illumination at a
distance of not more than five feet from each other along the width of any affected
portion of the County Rights-of-Way (or as may otherwise be specified by the
County) and not more than 15 feet from each other along the length of the affected
portion of the County Rights-of-Way (or as may otherwise be specified by the
County);
(c) Any work performed by an Applicant in the County Rights-of-Way, including
restoration, shall be completed by the completion date specified in the permit or as
otherwise specified or provided by the County. Upon completion of work (or at
such time as may be specified by the County if construction is not completed by
the completion date or construction is terminated for any reason, including
revocation of the permit), the Applicant shall restore the County Rights-of-Way to
a condition which is at least as good as its condition prior to commencement of
work. The Applicant shall perform restoration of the County Rights-of-Way in
accordance with any specifications or standards regarding materials or any other
matter specified by the County. The County may establish generally applicable
restoration standards, which apply unless the County specifies other standards in a
particular situation or may establish restoration standards on a case-by-case basis;
(d) If an Applicant fails to restore the County Rights-of-Way, including any paved
surface, curbs, or fixtures, to a condition at least as good as its condition prior to
commencement of construction or to complete such restoration work by the
completion date specified in the permit or as otherwise specified or provided by the
County, the County may perform any work or undertake any other activity which
it deems necessary to complete such work and/or restore the County Rights-of-
Way. The Applicant shall reimburse the County for any such costs in an amount
equal to the sum of the actual cost of any work or other activity undertaken by the
County plus 25 percent of such cost as compensation to the County for general
overhead and administrative expenses associated with such work and shall pay such
costs as directed by the County and not later than 20 calendar days after receipt of
a bill;
(e) An Applicant shall guarantee and maintain any County Rights-of-Way which the
County determines has been affected or altered by any excavation in the County
Rights-of-Way or any break or cut in any surface of the County Rights-of-Way
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made by such Applicant for the 24 months following the date of completion of
restoration of the affected or altered County Rights-of-Way either by the Applicant
or by the County. Such Applicant shall take such action as the County deems
necessary to correct any deficiencies in such restoration work within such 24-month
period, shall commence such action not later than five calendar days after receipt
of notice from the County or such other date as may be specified by the County,
and complete such action promptly but not later than the date or any other deadline
established by the County. The County may elect to perform any such work itself
or undertake any other activity, which it deems necessary to correct any such
deficiency during such 24-month period. Such Applicant or person shall be liable
to the County for any costs incurred in connection with any such corrective action
in an amount equal to the sum of the actual cost of any work or other activity
undertaken by the County and shall make pay such costs as directed by the County
and not later than 20 calendar days after receipt of a bill;
(f) An Applicant must provide photographic or video documentation of the condition
of the County Rights-of-Way in the area affected by the proposed work post
construction;
(g) An Applicant must provide as-built drawings (in such detail and form as may be
specified by the County) which show the locations of all the Applicant's existing
equipment and facilities in the County;
(h) No Applicant may permanently activate or place in service any equipment or
facility in the County Rights-of-Way until such time as the County has approved
such activation from the County. The Applicant shall provide notice of completion
of construction of such equipment or facility;
(i) Indemnification as required herein; and
(j) All as-built plan shall be filed with Sunshine 811 underground locating service.
(15) Permit errors. The issuance of a Permit shall not prevent the County from thereafter
requiring the correction of errors when in violation of this article.
SECTION SIX: Permitting Requirements for Small Wireless Facilities.
(1) Alternate Location Review. Upon receipt of a permit application to install a Small Wireless
Facility, the County shall have fourteen (14) days to review the application to determine whether
the proposed Small Wireless Facility shall be placed on an alternative County Utility Pole or may
be installed on a new Utility Pole. In making such a determination, the Administrator shall
consider the following objective design standards and reasonable spacing requirements for ground-
based equipment:
(a) All Small Wireless Facilities shall use camouflage techniques which incorporate
architectural treatment to conceal or screen their presence from public view through
design to unobtrusively blend in aesthetically with the surrounding environment;
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(b) New and replacement Wireless Support Structures and Utility Poles that support
Small Wireless Facilities shall match the style, design, and color of the existing
Utility Poles in the surrounding area. Further, all Wireless Support Structures and
Utility Poles shall meet current safety standards in Applicable Codes;
(c) Ground-based equipment boxes for Small Wireless Facilities must be located in
areas with existing foliage or another aesthetic feature to obscure the view of the
equipment box. Additional plantings may be required to meet this condition. Any
new landscaping in the County Rights-of-Way must be approved by the County
Manager or designee, who may require a landscape maintenance agreement to be
executed as a condition of the permit;
(d) For the Collocation on a County Utility Pole, no facilities or equipment as defined
in Section Two, Subsection 25 (b) of this Article shall be mounted on exterior of
the pole;
(e) If the alternate location is a new Utility Pole, with the exception of electric meters
and disconnect switches, equipment such as back-haul components shall not be
mounted on the exterior of the pole;
(f) No exposed wiring or conduit is permitted;
(g) The grounding rod may not extend above the top of sidewalk and must be placed
in a pull box, and the ground wire between the pole and ground rod must be inside
an underground conduit; and
(h) All pull boxes must be vehicle load bearing, comply with FDOT Standard
specification 635 and be listed on the FDOT Approved Products List. A concrete
apron must be installed around all pull boxes not located in the sidewalk. No new
pull boxes may be located in pedestrian ramps.
(2) Alternate Location Negotiation. The County may negotiate any alternate location with the
Applicant. If an agreement is not reached within thirty(30)days after the date the County requests
an alternate location,the Applicant must notify the County of such non-agreement and the County
must grant or deny the original application within ninety (90) days after the date the application
was filed. A request for an alternate location,and acceptance of an alternate location,or a rejection
of an alternate location must be in writing and provided by electronic mail. Additionally, the
design standards may be waived by the County upon a showing by the Applicant that the design
standards are not reasonably compatible for the particular location of a Small Wireless Facility or
that the design standards impose an excessive expense. The waiver shall be granted or denied
within thirty (30) days after the date of the request.
(3) Time for Completing Completeness Review of Applications. For applications in which the
County does not request use of an alternate location for small wireless facilities, the County must
make a determination as to whether an application is complete within fourteen (14) days. If an
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application is deemed incomplete, the County must specifically identify the missing information.
An application is deemed complete if the County fails to provide notification to the Applicant
within fourteen(14) days.
(4) Applications Processed on a Nondiscriminatory Basis. All applications shall be processed
on a nondiscriminatory basis. Thus, applications shall be processed on a first-come, first-served
basis.
(5) Time for Completing Approval or Denial. The County shall grant or deny an application
within sixty (60) days after receipt of the application. If the County fails to act on a complete
application within sixty(60)days,the application shall be deemed approved. If the County elects
not to negotiate an alternate location, the Applicant and the County may mutually agree to extend
the review period. The County shall grant or deny the application at the end of the extended period.
(6) Notification of Approval or Denial. The County shall notify an Applicant of any approval
or denial by electronic mail on the same day a decision is made. If the County denies an
application, the denial must state in writing the basis for the denial, including the specific code
provisions on which the denial was based. In the event of a denial, the Applicant may cure the
deficiencies identified by the County and resubmit the application within thirty (30) days after
notice of the denial. The County shall approve or deny the revised application within thirty (30)
days after receipt or the application is deemed approved. Any subsequent review shall be limited
to the deficiencies cited in the denial.
(7) Consolidated Applications. An Applicant who seeks to Collocate Small Wireless Facilities
may, at the Applicant's discretion, file a consolidated application and receive a single permit for
the Collocation of up to thirty (30) Small Wireless Facilities. If the application includes multiple
Small Wireless Facilities,the County may separately address Small Wireless Facility Collocations
for which incomplete information has been received or which are denied.
(8) Height Limitations for Small Wireless Facilities. The height of Small Wireless Facilities
shall not exceed ten (10) feet above the Authority Utility Pole, Utility Pole, or Wireless Support
Structure on which the Small Wireless Facility is to be Collocated.
(9) Height of Utility Poles. The height of a new Utility Pole is limited to the tallest existing
Utility Pole as of July 1,2017, located in the same right-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 Small Wireless Facility. If there is no Utility Pole within 500 feet, the
height of the new Utility Pole shall be limited to 50 feet.
(10) Permitting Criteria. The County may deny a proposed Collocation of a Small Wireless
Facility in the County Rights-of-Way if the proposed Collocation:
(a) Materially interferes with the safe operation of traffic control equipment;
(b) Materially interferes with sight lines or clear zones for transportation, pedestrians,
or public safety purposes;
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(c) Materially interferes with compliance with the Americans with Disabilities Act or
similar federal or state standards regarding pedestrian access or movement;
(d) Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual, as may be amended from time to
time; or
(e) Fails to comply with Applicable Codes.
(11) Collocation on County Utility Poles. Collocation of Small Wireless Facilities on County
Utility Poles shall meet the following requirements:
(a) The County may not enter into an exclusive arrangement with any person for the
right to attach equipment to County Utility Poles.
(b) The rates and fees for Collocations on County Utility Poles must be
nondiscriminatory, regardless of services provided by the Collocating person.
(c) The annual rate to Collocate a Small Wireless Facility on a County Utility Pole
shall be consistent with Section 337.401, Florida Statutes.
(d) The County shall offer rates,fees,and other terms that comply with this subsection.
By the later of January 1, 2018, or 3 months after receiving a request to Collocate
its first Small Wireless Facility on a Utility Pole owned or controlled by the County,
the County shall make available the rates, fees, and terms for the Collocation of
Small Wireless Facilities on the Utility Pole which comply with this subsection.
1. The rates, fees, and terms must be nondiscriminatory and competitively neutral
and must comply with this subsection.
2. For a County Utility Pole that supports an aerial facility used to provide
Communications Services or electric service, the parties shall comply with the
process for make-ready work under 47 U.S.C. s. 224 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.
3. For a County Utility Pole that does not support an aerial 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 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,
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including pole replacement, and perform the make-ready work. 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
the make-ready work subject to usual construction restoration standards for
work in the County Rights-of-Way. The replaced or altered Utility Pole shall
remain the property of the County.
4. The County may not require more make-ready work than is required to meet
applicable code or industry standards. Fees for make-ready work may not
include costs related to preexisting damage or prior noncompliance. Fees for
make-ready work,including any pole replacement,may not exceed actual costs
or the amount charged to Communications Services Providers other than
Wireless Services Providers for similar work and may not include any
consultant fee or expense.
(12) Attestation of Wireless Services. A Wireless Infrastructure Provider must include within
its Application to place a Utility Pole in the County Rights-of-Way an attestation that the Small
Wireless Facility will be used by a Wireless Services Provider for the provision of
Communications Services within nine (9) months of the date the application is approved. In the
event a Wireless Services Provider fails to provide Communications Services within the nine (9)
months of an approved application, the County may begin proceedings for revocation.
(13) Privately-Owned Utility Poles. Nothing in this section authorizes a person to Collocate or
attach Wireless Facilities, including any Antenna, Micro Wireless Facility, or Small Wireless
Facility, on a privately-owned Utility Pole, a Utility Pole owned by an electric cooperative or a
municipal electric utility, a privately-owned Wireless Support Structure, or other private property
within the consent of the property owner.
(14) Limitation on Permitting of Small Wireless Facilities. Any permit approval by the County
for the installation, placement, maintenance, or operation of a Small Wireless Facility under this
section 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 County Rights-of-Way.
(15) The County shall not require approval or require fees or other charges for:
(a) Routine maintenance;
(b) Replacement of existing wireless facilities with wireless facilities that are substantially
similar or of the same or smaller size; or
(c) Installation, placement, maintenance, or replacement of micro wireless facilities that
are suspended on cables strung between existing utility poles in compliance with applicable
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codes by or for a communications services provider authorized to occupy the rights-of-way
and who is remitting taxes under Chapter 202,Florida Statutes.
Notwithstanding this paragraph, an authority may require a right-of-way permit for work
that involves excavation, closure of a sidewalk, or closure of a vehicular lane.
SECTION SEVEN: Permitting Requirements for New Communications Facilities,Wireless
Facilities, and Wireless Support Structures.
(1) Permits Required. Unless required to be in the County Rights-of-Way by State or Federal
law, New Communication Facilities, Wireless Facilities and Wireless Support Structures, which
are not Small Wireless Facilities or new utility poles designed to support Small Wireless Facilities,
are not authorized in the County Rights-of-Way. If State or Federal law requires a local
government to allow a New Communications Facility, Wireless Facility, or Wireless Support
Structure which is not a Small Wireless Facility in the County Rights-of-Way, then the following
permitting requirements must be complied with:
(a) All new Communications Facilities,Wireless Facilities,and Wireless Support Structures
shall be located to avoid any physical or visual obstruction to pedestrian or vehicular
traffic,or to otherwise create safety hazards to pedestrians, bicyclists, or motorists;
(b) The separation distance between new and existing Communication Facilities,
Wireless Facilities,and Wireless Support Structures shall be a minimum of 120 feet;
(c) New Communications Facilities,Wireless Facilities,and Wireless Support Structures
shall avoid being placed in County Rights-of-Way of a residentially zoned district,
to the greatest extent possible. An Applicant shall demonstrate through an engineering
analysis why it is unable to locate new Communications Facilities,Wireless Facilities,
and Wireless Support Structures outside a residentially zone district, but should any
local roads be necessary they can only be so used if a minimum width of a 4-lane
roadway,unless otherwise required by State or Federal law;
(d) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall be located on Collector Roadways and Arterial Roadways to the
greatest extent possible. An Applicant shall demonstrate through an engineering
analysis why it is unable to locate the proposed Communication Facilities,Wireless
Facilities, and Wireless Support Structures in such areas instead of on Local
Roadways;
(e) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall maintain a clear zone from the back-of-curb to the inward edge of a
Communication Facility, Wireless Facility, or Wireless Support Structure. Unless
otherwise determined by the County, there shall be a minimum six (6) foot wide
pedestrian clear zone between the back-of-curb and the outward edge of a
CommunicationsFa.cility, Wireless Facility, or Wireless Support Structure;
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(f) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall be located at least ten(10)feet from a driveway and at least thirty(30)
feet from the center of existing trees with matured diameter of eight (8)inches or
greater;
(g) The size and height of new Communication Facilities, Wireless Facilities, and
Wireless Support Structures in the County Rights-of-Way shall be no greater than
the maximum size and height of any other Utility Pole, Communications Facility,
Wireless Facility or Wireless Support Structure located in the County Rights-of-
Way within 500 feet of the proposed structure;
(h) New Communication Facilities, Wireless Facilities, and Wireless Support
Structures shall be placed along Common Side-Lot Lines and not in front of
residences, buildings, or places of business; and
(i) Any new proposal to construct a new Communication Facility, Wireless Facility,
or Wireless Support Structure must first demonstrate why the services cannot be
Collocated on an existing Communication Facility, Wireless Facility, Wireless
Support Structure, or Utility Pole in the County Rights-of-Way.
(2) Design Requirements. New Communications Facilities, Wireless Facilities, and Wireless
Support Structures shall meet the following design requirements:
(a) All Communication Facilities shall use camouflage techniques which incorporate
architectural treatment to conceal or screen their presence from public view through
design to unobtrusively blend in aesthetically with the surrounding environment;
(b) New and replacement poles that support Communication Facilities shall match the
style, design, and color of the existing poles in the surrounding area. Further, all
poles shall meet current safety standards such as using breakaway connections and
the like;
(c) Ground-based equipment boxes must be located in areas with existing foliage or
another aesthetic feature to obscure the view of the equipment box. Additional
plantings may be required to meet this condition. Any new landscaping in the
County Rights-of-Way must be approved by the County which may require a
landscape maintenance agreement to be executed as a condition of the permit;
(d) With the exception of electric meters and disconnect switches, equipment such as
back-haul components shall not be mounted on the exterior of the pole;
(e) No exposed wiring or conduit is permitted;
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(f) The grounding rod may not extend above thetop of sidewalk andmustbeplaced in
a pull box, and the ground wire between the pole and ground rod must be inside an
underground conduit; and
(g) All pull boxes must be vehicle load bearing, comply with FDOT Standard
specification 635 and be listed on the FDOT Approved Products List. A concrete
apron must be installed around all pull boxes not located in the sidewalk. No new
pull boxes may be located in pedestrian ramps.
SECTION EIGHT: Administrative Variances.
(1) Authority to Grant Administrative Variances. The Hearing Examiner has the authority to
grant an administrative variance up to ten (10) percent of the separation requirements contained
herein for replacement of existing or new Communication Facilities, Wireless Facilities, or
Wireless Support Structures. In making such a determination, the Hearing Examiner shall
consider, but is not limited to, the following:
(a) The permitting standards outlined in this Article;
(b) Any hardship associated with the land, including the size, shape, and dimensions
of lots, and the presence of protected native habitats as specified by the
Comprehensive Plan that affect the configuration of roads on the property;
(c) The risk of creating unfavorable precedent;
(d) The technology currently in use for Communications Facilities;
(e) The current available technology for Communications Facilities;
(f) Any costs associated with upgrading Communications Facilities;
(g) The risk of confusion that may cause or create delay in response time; and
(h) All applicable County, state, and federal regulations.
(2) Fees. To the extent allowed by state law, the Board is authorized to set reasonable fees
and to process an administrative variance application. Such fees shall be set by Board resolution.
Fees charged will substantially finance the expenditures of administering this Article. No
administrative variance shall be granted until such time as all applicable fees are paid to the
County.
SECTION NINE: Inspections.
The County may conduct any inspection it deems necessary to administer and enforce this
Article or any other County Codes, ordinances, or regulations, or to enforce the conditions of any
permit granted, or to enforce related regulations or policies. The County may order a work
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stoppage or revoke a permit, as it deems necessary in the case of a failure to comply with the
provisions of this Article or the conditions of any permit, or to otherwise protect the public health,
safety, and welfare.
SECTION TEN: Abandonment.
(1) Discontinuance of Use. In the event that an Applicant discontinues the use of any
Communications Facility, Wireless Facility, Small Wireless Facility, Micro Wireless Facility, or
Utility Pole for a period of one hundred eighty (180) consecutive days, the County shall deem it
to be abandoned. The County shall determine the date of abandonment. In reaching such
determination, the County may request documentation and/or affidavits from the Applicant
regarding the active use of the tower. If the Applicant fails to provide the requested documentation,
a rebuttable presumption shall exist that the Applicant has abandoned the Communications
Facility. The Applicant shall have ninety (90) days from the date of the notice of the County's
determination of abandonment to do one of the following:
(a) Reactivate the use;
(b) Transfer ownership to another Applicant who makes actual use; or
(c) Dismantle and remove the use.
(2) Expiration of Permit or Administrative Variance upon Removal. After the expiration of
the ninety (90) day period, or upon completion of dismantling and removal, any permit or
administrative variance shall expire.
SECTION ELEVEN: Performance Guarantee.
(1) Form of Surety. An Applicant shall provide an executed County Rights-of-Way Use Bond
or other form of surety acceptable to the County and the Office of the County Attorney in an
amount of not less than $15,000.00 or as otherwise established by the Board of County
Commissioners, to ensure against any damage that may take place within rights-of-way and
easements. Surety in an amount less than$15,000.00 is permissible if accompanied by a registered
professional engineer's estimate that any cost of restoration will be less than $15,000.00. All
restoration shall leave the County Rights-of-Way or easement in a condition which is as good as
or better than that which existed prior to construction.
(2) Discretion to Waive or Reduce Surety. The County may, in its sole discretion, waive or
reduce the amount of the guarantee otherwise required pursuant to this section for a small project
which involves minimal use of the County Rights-of-Way and is not likely to result in any damage
to the County Rights-of-Way, any other property, or any person. Any such waiver must be in
writing.
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SECTION TWELVE: Indemnification.
Any Applicant who makes any excavation in the County Rights-of-Way, makes any break
or cut in any surface of the County Rights-of-Way, deposits any earth or other material in the
County Rights-of-Way, places any Equipment or Facility in the County Rights-of-Way, modifies
any Equipment or Facility, or performs any other work in the County Rights-of-Way shall defend,
indemnify, and hold harmless the County from and against any liability or claim for damages or
any other relief, including reasonable costs and expenses arising from or in connection with any
act or failure to act by such Applicant in the County Rights-of-Way. Issuance of a permit or
inspection of work shall not affect the County's right to indemnification. This section does not
constitute a waiver of any defense or immunity as to any third party, which would otherwise be
available to the County.
SECTION THIRTEEN: Moving,Altering, or Relocating Equipment and Facilities.
(1) Demand by County. Upon demand by the County, an Applicant at their own costs shall
move, alter,relocate,or remove equipment or facilities and restore any affected County Rights-of-
Way as may be required by the County and shall complete any such work promptly or by such
date as may be specified by the County.
(2) Emergency Actions. In the event of an emergency, the County may in its sole discretion,
move, alter, relocate, or remove any equipment or facility and restore the affected County Rights-
of-Way. The Applicant shall be responsible for repairing or replacing any affected equipment or
facility at its own cost and shall reimburse the County for any costs incurred by the County in
moving, altering, relocating, or removing any equipment or facility and in restoring the affected
County Rights-of-Way in an amount equal to the sum of the actual cost of moving, altering,
relocating,or removing any equipment or facility and restoring the affected County Rights-of-Way
associated with such work and shall make any payment due as directed by the County and not later
than twenty (20) calendar days after receipt of a bill.
(3) Failure to Timely Comply with Demand. If an Applicant fails to fully comply with a
demand by the County pursuant to this section promptly or by the date specified by the County,
the County shall have the right to:
(a) Declare that all rights and title to and interest in the affected equipment or facilities
are the property of the County; and/or
(b) Move, alter, relocate, or remove any such equipment or facilities and restore the
affected County Rights-of-Way as it deems necessary. The Applicant shall
reimburse the County for any costs incurred in moving, altering, relocating, or
removing any equipment or facilities and restoring the affected County Rights-of-
Way in an amount equal to the sum of the actual cost of moving,altering,relocating,
or removing any equipment or facilities and restoring the affected County Rights-
of-Way associated with such work and shall make any payment due as directed by
the County and not later than 20 calendar days after receipt of a bill.
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SECTION FOURTEEN: Communication Facilities Previously in Existence.
Communication Facilities in County Rights-of-Way legally permitted or installed on or
before the effective date this Article was enacted shall be considered a permitted and lawful use.
In the event that such Communication Facilities are destroyed or voluntarily removed, any new
Communication Facility shall meet the requirements of this Article.
SECTION FIFTEEN: Appeals.
(1) Right to Appeal. Any person adversely affected by the final decision of the County as to
both registration and permit applications shall have the right to appeal that decision. An appeal
shall be made in writing through an Appeal Form to the County within thirty (30) calendar days
of the final decision.
(2) Ruling by Hearing Examiner. The Hearing Examiner shall rule on the administrative
appeal within fifteen(15)business days of receipt of the appeal. In considering whether to affirm,
reverse, or modify the decision of the County, the Hearing Examiner shall consider the comments
and recommendations of the County and any comments from Appellant and shall consider, but is
not limited to the following factors:
(a) The findings expressed by the County;
(b) The permitting standards outlined in this Article;
(c) Any hardship associated with the land, including the size, shape, and dimensions
of lots, and the presence of protected native habitats as specified by the
Comprehensive Plan that affect the configuration of roads on the property;
(d) The risk of creating unfavorable precedent;
(e) The technology currently in use for telecommunications facilities;
(f) The current available technology for telecommunications facilities;
(g) Any costs associated with upgrading telecommunications facilities;
(h) The risk of confusion that may cause or create delay in response time; and
(i) All applicable County, state, and federal regulations.
(3) The Hearing Examiner's decision shall be provided to Appellant in writing.
SECTION SIXTEEN: Conflict and Severability.
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In the event this Ordinance conflicts with any other ordinance of Collier County, this
ordinance shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion.
SECTION SEVENTEEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION EIGHTEEN: Effective Date.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 02344‘ day of aunt , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: 1.i-- ,Ll. � ick-�:c - By: -"kid WI Penny T r, CHAI•06 AN
Appro i d asi'to i
'orm and legality:
I�c 9
Jeffrey . Kl t kow, County Attorney
This ordinance
cretary of
: ' day ofand acknowledgement of that
filing_received thisdc'
of 00 V1/4,11- a9n
By(1).--Lt JaY i'
24
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FLORIDA DEPARTMENT Of STATE
r
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 28, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-27,which was filed in this office on June 28, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us