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Agenda 06/27/2017 Item #16A1306/27/2017 EXECUTIVE SUMMARY Recommendation to approve a Resolution superseding Resolution 2012-225, establishing a revised schedule of fees, including an application fee for wireless facilities in the County Right-of-Way, as well as an annual fee for the collocation of small wireless facilities on County utility poles. (This is a companion item to Agenda Items 16A14 and 17F). OBJECTIVE: To obtain the Board of County Commissioners’ (Board) approval of a Resolution superseding Resolution No. 2012-225 to add two new fees to the Collier County Right-of-Way (ROW) Fee Schedule in order to implement a new permitting process for locating communications facilities in the County ROW. CONSIDERATIONS: In 2017, the Florida legislature enacted HB 687, known as the “Advanced Wireless Infrastructure Deployment Act” (The Act) and codified in Florida Statutes 337.401. The Act requires local governments to accept applications for permits for the collocation of small wireless facilities in the public ROW. Accordingly, there is a companion ordinance which establishes a new permitting process and requirements for communications facilities, including small wireless facilities, in the County ROW that will also be heard by the Board for approval on June 27, 2017. In order to implement the new permitting process, two new fees are proposed for inclusion in the Collier County ROW Fee Schedule, as described below. The first fee is for the application to locate wireless facilities in the County ROW. It is proposed the new fee is $100, which is comparable to the fee charged for ROW permits to Public Service Commission regulated Franchise Utilities. The second fee is for collocating small wireless facilities on County utility poles. This fee only applies to those small wireless facilities proposed to be collocated on County owned utility poles. It is proposed the new fee is $150 annually per pole, which is consistent with the maximum allowable fee for collocations established in The Act. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: To approve the Resolution, superseding Resolution 2012-225, establishing a revised schedule of fees, including an application fee for wireless facilities in the County Right -of-Way, as well as an annual fee for the collocation of small wireless facilities on County utility poles. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division ATTACHMENT(S) 1. Proposed resolution with exhibit (PDF) 16.A.13 Packet Pg. 795 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 3386 Item Summary: Recommendation to approve a Resolution superseding Resolution 2012-225, establishing a revised schedule of fees, including an application fee for wireless facilities in the County Right-of-Way, as well as an annual fee for the collocation of small wireless facilities on County utility poles. (This is a companion item to Agenda Items 16A14 and 17F) Meeting Date: 06/27/2017 Prepared by: Title: Planner, Senior – Growth Management Development Review Name: Jeremy Frantz 06/16/2017 5:07 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/16/2017 5:07 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 06/19/2017 6:16 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/19/2017 8:28 AM Growth Management Department Matthew McLean Additional Reviewer Completed 06/19/2017 1:17 PM Growth Management Department Jeremy Frantz Level 2 Division Administrator Skipped 06/16/2017 4:55 PM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/19/2017 5:01 PM Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2017 7:35 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2017 7:58 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 10:44 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/20/2017 11:28 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 16.A.13 Packet Pg. 796 RESOLUTION NO. 2017. A RESOLUTION OF THE BOARD OF'COUNTY COMMISSIONERS OF COLLIER C OUNTY, FLORIDA, SUPERSEDING RESOLUTTON 2012-225, WHICH ESTABLISHED A REVISED SCHEDULE OF FEES FOR RIGHT. OF-WAY PERMITS, TO INCLUDE A WIRELESS FACILITY APPLICATION FEE AND AN ANNUAL FEE FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON COUNTY UTILITY POLES WITHIN THE COUNTY RIGHT-OF.WAY. WHEREAS, Collier County Resolution No. 2000-455 established a schedule of development-related review and processing fees; and WHEREAS, the fees established in Resolution No. 2000-455 were subsequently amended and revised pursuant to Resolution Nos. 2002-479,2003-170,2007-162 and 2012-225 and the established fees are reflective of the actual cost of processing, reviewing, inspecting and evaluating collier county Right-of-way permits as set forth in attached Exhibit "A;" and WHEREAS, in its 2017 Session, the Florida Legislature enacted the "Advanced Wireless Infrastructure Deployment Act" as codified in Section 337.401, Florida Statutes, which required local govemments to allow small wireless facilities within the public right-of-way by either collocation on existing Utility Poles, or by establishing a new Utility Pole where collocation is not possible; and WHEREAS, the Act requires that the county establish nondiscriminatory and competitively neutral rates, fees, and terms in compliance with the Act, and sets a limit of $150 per pole for the annual rate for the collocation of small wireless facilities on County Utility Poles; and WHEREAS, at its meeting on the 27th of June,2077 this Board adopted an Ordinance implementing the regulations and permitting process authorized by the Act. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: 1. The Board of County Commissioners hereby declares and approves the fees set forth in the Schedule of Fees for Right-of-Way Permits, attached hereto and incorporated herein as Exhibit "A" as reasonable sums to be assessed to those who receive the benefits of those services, review, and inspections required by the Collier County Code of Laws and Ordinances, the Land Development Code and the County permitting process. 2. That all County Projects within or adjacent to the County Right-of-Way shall be exempt from the Lane Rental Fee as noted on Exhibit "A." 16.A.13.a Packet Pg. 797 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change) BE IT FURTHER RESOLVED that this Resolution relating to the Right-of-Way permit fees is recorded in the minutes of this Board and that Resolution 2012-225 is hereby superseded by the adoption of this Resolution. THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption this 27th day of June,2017. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COI.JNTY. FLORIDA Penny Taylor, CHAIRWOMAN By:By: , Deputy Clerk Assistant County Attorney 16.A.13.a Packet Pg. 798 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change) Type Right-of-way Construction Work in the ROW (Without Lane Closures), Cost Per Day Miscellaneous Events S 200.00 PSC Regulated Franchise Utility $100.00 Application Fee + $50/Day inspection fee Wireless Facilities in the County ROW Collocation of Small Wireless Facility on a Count)'Utility Pole Renewal/Modifi cation of unexpired or incomplete Permit Re-inspection - First Second Third All subsequent inspections Jack-and-Bore/Directional Bore Open-cut Construction Sprinkler Head Placement in R./W Turn Lane Construction County Engineering review on behalf of FDOT Drainage Permit, No Discharge into State System ** County Engineering review on behalf of FDOT Drainage Permit, with Discharge into State System Temporary Directional Sign Permit for Public Event After-the-Fact Permit Exhibit "A" Right-of-way Permits Residential *$ 100.00 $ 100.00 $ 1s0.00 $ 200.00 $ 2s0.00 s 500.00 $2000.00 $ 50.00 $ s00.00 $100 $ 150.00 per pole annually $ 500.00 $ 100.00 $ 1s0.00 $ 200.00 $ 2s0.00 $ 1000.00 $4000.00 s 200.00 $ 1500.00 $ 500.00 $ 1000.00 Non-residential Small Laree 200.00 $ 1000.00 (June-Nov) $2000.00 (June-Nov) $ 2000.00 (Dec-May) $4000.00 (Dec-May) $ 50.00 (June-Nov) $ 100.00 (June-Nov) $ 100.00 (Dec-May) $ 200.00 (Dec-May) $ 1000.00 $ 100.00 $ 1s0.00 $ 200.00 $ 2s0.00 $2000.00 $6000.00 s 400.00 $3000.00 $1000.00 $ 2000.00 $75.00 4 X Normal Fee ($24000.00 max) * If the Renewal/l\4odification does not require additional staff time and field check (unexpired permit only), there will not be any fees charged **Development two (2) acres or less are considered small Page I of4 16.A.13.a Packet Pg. 799 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change) Exhibit "A" Right-of-way Permit Notes: 1. Unjustified delays meeting permitted deadlines shall require additional fees as authorized. 2. Small Commercial Development shall be defined as a non-residential (single-family or duplex)pQect generating 600 vehicles trips per day or less. 3. Large Commercial Development shall be defined as a non-residential (single-famiry or duplex)project generating greater than 600 trips per day. 4. A righfof-way use fee (chart attached) per day shall apply to all non-residential commercialprojects requiring a lane closure on a major roadway or sidewalk closure on any roadway. (chartattached). A major roadway is defined herein as being one of the following Cottier'Cbuntymaintained roadways: No refunds of unused fees shall be allowed. Lane use fees shall be calculated by Collier County and shall be due and payable at the 1me ofpermit application if a permit is issued. lf a Notice of Intent to lssue a permii is provided by theCounty in lieu of a permit, then the lane use fee shall be due and payabie at the 1me of issuance of the actual permit. lf work continues beyond the originally estimated lane use period, then additional lane use fees shall be due and payable within two working days of notice to the Permittee of such additional fees- Failure to provide the additional fees to the County within three working days of such notice shall be cause for the project to be "red{agged" and shut down. Lane use tees inatt continue toaccrue during any period of shutdown and shall be added to the additional lane use fees calculated by Collier County. Any deviation from the ahove must be approved by the ROW Permitting and Inspection manager or designee prior to implementation. All future County Projects shall be exempt from the Lane Rental Fee Incentive program. 5. 6. 8. 9. Roadwav Name From To lmmokalee Road Tamiami Trail North (US 41)SR 29 (lmmokalee) Vanderbilt Beach Road Tamtami Trail North (US 41 r Collier Boulevard Pine Ridqe Road Tamiami Trail North (US 41)Collier Boulevard Golden Gate Parkwav Tamiami Trail North (US 41)Collier Boulevard Radio Road Airport Road Davis Boulevard Rattlesnake Hammock Road Tamiami Trail East (US 41)Collier Boulevard Goodlette-Frank Road Tamiami Trail East (US 41)lmmokalee RoadAirport Road Tamiami Trail East (US 41)hmokalee Road Livinqston Road Radio Road Lee Countv Line Santa Barbara Boulevard Davis Boulevard Pine Ridoe Rd Logan Boulevard Pine Ridqe Road Lee CounU Line Collier Boulevard Judge Jolley Bridqe lmmokalee RoadcR 29 Everslades Citv SR 90 (US 41) Bayshore Drive u.s. 41 Thomasson Drive Golden Gate Boulevard c.R.951 Desoto Boulevard Vanderbilt Drive VBR Lee County Line Gulfshore Boulevard VBR Bluebill Ave. Oil Well Rd lmmokalee Rd s.R. 29 Randall Boulevard lmmokalee Rd Desoto BoulevardEverglades Boulevard Golden Gate Boulevard lmmokalee Rd Naples Boulevard Pine Ridge Road Airport Road County Barn Road Davis Boulevard Rattlesnake Hammock Roao Page2 of 4 16.A.13.a Packet Pg. 800 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change) Exhibit "A" LANE RENTAL FEE (PER DAY) INCENTIVE PROGRAM Page 3 of4 16.A.13.a Packet Pg. 801 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change) Exhibit 66A" SIDEWALK RENTAL FEE (PER DAY) INCENTIVE PROGRAM $100 $100 $100 Aug Sep Oct Nov $100 $100 $100 Apr May June July Page 4 of 4 16.A.13.a Packet Pg. 802 Attachment: Proposed resolution with exhibit [Revision 1] (3386 : ROW Fee Schedule Change)