Agenda 04/14/2026 Item #16A8 (CAO to advertise for a public hearing an amendment to Ordinance 2017-27)4/14/2026
Item # 16.A.8
ID# 2026-810
Executive Summary
Recommendation to direct the County Attorney to advertise for a public hearing an amendment to Ordinance 2017-27,
which regulates the placement and permitting of communications facilities in the County Right-of-Way.
OBJECTIVE: To clarify and amend regulations for communications facilities in the County Right-of-Way in
accordance with the requirements of House Bill 687, the “Advanced Wireless Infrastructure Deployment Act,” as
codified in Section 337.401, Florida Statutes.
CONSIDERATIONS:
During the 2017 Session, the Florida Legislature enacted House Bill 687, known as the “Advanced Wireless
Infrastructure Deployment Act,” codified in Section 337.401, Florida Statutes. The Act requires that a local
government allow for the collocation of small wireless facilities on that government’ s utility poles within the
Public Right-of-Way, such as traffic and light poles, but also limits the County’s ability to regulate this
activity in County Rights-of-Way.
In 2017, Ordinance 2017-27 was adopted by the Board of County Commissioners (“Board”), which
implemented the regulatory scheme conferred by the Act and provided for the registration, permitting and
regulation of both small wireless facilities, as well as other new communications facilities, wireless facilities,
and wireless support structures, within the County Right-of-Way in unincorporated Collier County.
Ordinance 2017-27 was intended to promote the public health, safety and general welfare by providing
reasonable rules, regulations and general conditions necessary to manage the placement and maintenance of
communications facilities in the County Right-of-Way by all Wireless Providers, to minimize the disruption
to the County Right-of-Way, to require the restoration of the County Right-of-Way to its original condition,
and to minimize the visual impact of these facilities. The original Ordinance anticipated that an amendment
would be required to reflect any necessary changes due to the uncertainties that existed when the Statute and
Ordinance were originally written, as well as advancements in technology or the wireless industry.
This proposed Ordinance amendment is to clarify insurance requirements for these providers, amend the
instances in which a permit is required, and when inspections may be conducted.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This Ordinance has been reviewed by the County Attorney, is approved as to form and
legality, and requires a majority vote for Board adoption. -JAK
RECOMMENDATION(S): The Board of County Commissioners amend Ordinance 2017-27, which regulates the
permitting and placement of communication facilities within the Right-of-Way.
PREPARED BY: Jaime Cook, Director, Development Review Division, Growth Management Community
Development Department
ATTACHMENTS:
1. Ordinance - Public Hearing Amendment
Page 628 of 3203
ORDINANCE NO.2026.
AN AMENDMF:,NT TO ORDINANCE 2017.27, KNOWN AS
TIIE COMMUNICA'I'IONS I'ACILITIES IN I'tIE COLiN'tY
RIGHTS-OF-WAY OIII)INANCE; I'ROVIDINC FOR AN
AMENDllIENT TO SDCTION TIIREE, FIVE, SIX AND NINE
OF ORDINANCE 2017.27 I]Y CLAI{II'YING THE
INSURANCE REQUIRENIEN"I'S, THE INSTANCIIS IN
wHrcH A PE,RMIT IS RIIQLJIRED AND WHEN
INSPECTIONS MAY BE CONDUCTEDI PROVIDING FOR
CONI-LIC't AND SEVE,ItABILITY; PROVIDINC FOR
INCLUSION IN THE CODE OF I,AWS TI.ND ORDINANCES;
AND PIIOVIDINC AN EFFECTIVE DATI'.
BE IT ENACTED BY THE BOAIID OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
WHEREAS, on June 27, 2017, the Board of County Commissioners of Collier County
(''Board") adopted Ordinance No.20l7-27, the Communications Facilities in the County Rights-
of-Way Ordinance; and
WHE,REAS, the Board wishes to amend the Ordinance in order to clariiy requirenrents and
instances in which inspections will be conducted.
NOW, TTIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT:
SECTION ONE: Amendment of Section 110-123, Registration Requirements, is hereby
amended as follows:
(1) Registration Required. Any Communications Services Provider, Wireless Provider, or
Wireless lnfrastructure 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 lnformation. Any Communications Services Provider, Wireless Provider or
Wireless Inliastructure Provider shall provide the following inf'ormation to the County:
Page 629 of 3203
(3) Review and approval. Within thirty (30) days after receipt ofthe information submitted by
the Applicant, the County shall determine rvhether the applicant for Registration contains all
information and documentation required and shall advise the Applicant ofany areas of
deficiency in writing. The Applicant shall resubmit the required inlbrmation and
documentation within thiny (30) days olthe date ofthe notice ofdeficiency. otherwise the
application fbr Registration is considered withdrawn. A notice ofdeficiency and/or denial of
Registration shall not preclude an Applicant from reapplying or tiling subsequent
applications lbr Registration under the provisions of this Section. An Applicant has thirty
(30) days alter receipt ofthe notice ofdenial 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-ol:-Way and will no longer need to obtain pcrntits to perlbrm work in the County
Rights-of-Way. A Registrant cannot cancel a Rcgistration if the Registrant continues to place
or maintain any Communications Facilities in the County Rights-of-Way.
(5) Registration Updates. Within thirty (30) days ofany change in the inlbrmation required to be
submitted, a Registrant shall provide updated information to the County.
(6) Registration Renev,al. Each Registrant shall renew its Registration by April I olyears 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 ofthe
Registrant's newly installed Communications Facilities or Abandoned Communications
Facilities within thc County Rights-of-Way place since the most recent renewal or update.
Failure to renerv a Registration may result in the County restricting the submittat and
acceptance ofany additional Permit applications until the Communications Services
(a) Name of the registrant;
(b) Ifthe registrant is a corporation or limited liability company, proofol
authority to do business in the State of Florida;
(c) Name, address, telephone number, and electronic mail address ofa contact
person lor the registrant:
(d) The number of the registrant's current certificate of authorization issued by
the Florida Public Service Conmission, the Federal Communications
Commission, or the Department of State; and
(e) Preefelinsuran isas,
Proof of insurance consistent with the provisions ofSection 337.401. F/orida
Statutes and comprehensive eeneral liability insurance with a minimum Iimit
ofthree million dollars ($3.000.000.00) for each occunence ofpersonal
injurv. bodily iniury, or property damase.
@Page 630 of 3203
Provider, Communications Facility Provider or the Pass-Through Provider has complied with
the Registration requirements of this Article.
(7\ Notice of Transfcr, ,9ale or Assignntent of Assets in County Rights-qf:Il'uy. An Applicant shall
not sell, transt'er. 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 transler has been made,
must register with the County in accordance with this Article within sixty (60) days olthe
transfer. If Permit Applications are pending in the Applicant's name, the transferee, buyer or
assignee shall notily the County that the transfleree, buyer or assignee shall notifu the County
that the transl'eree. 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 l'ederal law and County ordinances, codes and regulations in placing
or nraintaining a Communications Facility in the County Rights-of'-Way.
(9) A violation ol the requirements of this Section shall be a violation of this Arricle and the
Applicant who is alleged to have violated any ofthe provisions of this Section may be
subject to the enlorcement remedies set forth in this Article.
SECTION TWO: Amendment of Sec. I 10- 1 25, Ceneral Permitting Requirements. is hereby
amended as follows:
(l) Applicability. 1he provisions of this Article shall apply to County Rights-of-Way in both the
unincorporated areas olthe Countv and those locations where the County holds a proprietary
inlerest in the County Rights-of:-Way. It shall not apply in the incorporated areas where rhe
County does not hold a proprietary interest.
(2) Proprietary lnleresls o/ the County. Because of the proprietary interests the County holds in
the County Rights-ol'-Way, the placement of Communications Facilities within County
Rights-of-Way shall in all cases be subject to the dise+etienary County Rights-of-Way permit
process.
(3) Permit Required. Except for those exempr activiries specifically listed below. it shall be
unlaw'ful for any pcrson to place any Communication Facilities, Equipment or Facilities. or
related equipment in the County Rights-of'-Way *,ithout a County Right-ol'-Way Permit.
(a) Permit Applicaliorrr. Applications to p lace a-Wi+eless an
Facility in County Rights-of-Way shall contain rhe follorving
rnmunications
@Page 631 of 3203
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 l:lorida Registered
Professional Engineer. or prepared by a person who is exempt from
such registration requirements as provided in F.S. g 471.003,
identifuing the location ofthe 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 olthe 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
tralfic in the area to bc affected by the proposed work:
6. Proof ol insurance-conslstent wl th the t.)rovisions ol Section 337.401
l, lorida Statutes and conrprchcnsi',e eeneral liabili$, insurance n'ith a
nrinimurn limit of thrce rnillion dollars ($3.000.000.00) 1br each
occurrence of 1)crsotl t)d u l-)IO l)cl1I t't Iltrv it lll o1'erI dama
7, Identification and description olany utilit.v or other distribution or
transmission system to which any Equipment ot Facilitl, 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 shorv: County Rights-of-Way in the area of the proposed
construction; locations of all existing Equipment and Facilities in the
area ofproposed construction; all Equipment and I'acilities to be
installed or removed; the routes olall transmission and distribution
lines to be installed or removed; and the sites ofall other Equipment
and Facilities to be installed or removed in the County Rights-of-Wayl
9. Application fee per the Collier County Right-of-Way Fee Schedule. as
may be amended fiom time to time; and
'10. Such additional infbrmation that the County finds reasonably
necessary to review the Application.
I L A written certificatio! or attestation, in a form acceptable to the
Countv. that the Dro posed Communication I;acilities, Equipment. and
work authorized by the perntit com
.l
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rrli, rvith and abide by all annlicable
Page 632 of 3203
(4) Exenptions. The following activities are exempt from the requirements of this Article:
(a) Emergency Actions. but the County reserves authority to require an afterthe-
lact permit; and
(b) Routine Maintenance and Repair ol Communications Facilities, Wireless
Facilities, Srnall Wireless }-acilities. Micro Wireless Facilities, Wireless
Support Structures, or Utility Poles authorized to be located u,ithin the County
Rights-o1'-Way.
Wireless Faeilities; Small Wireless Faeilities; Miere Wireless Faeilities;
\\/ay by a €ernmunieations Se'viees Previder authorized by state lan te
r any
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(6) Effective Li[e ofApproved Permir Application, A permit issued pursuant to an approved
application shall remain cffective lbr 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,.
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state and federal rcsulations. including but not limited to. {337.401 .
Florida Statutes.4T U.S.C. {332. and orders issued b.v- the Federal
Conrnrur.rications Commission. as amended. tosether with such
suppofiinq documentation as the County ma.y reasonablv require to
verifv such compliance.
(5) Emergency Action. Any person who performs work in the County Rights-oi'-Way in
connection with an Emergency Action without a permit shall imrnediately notif, the County
of the Emergency Action. The person shall cease all w.ork immediately upon completion of
Emergency Action. The person shall also cease all work immediately upon receipt ola
County stop work order determining the situation does not involve an emergency or that the
Emergency Action is no longer warranted.
Page 633 of 3203
(8) Avoidance o.f inter/erence, displacement, damage or destruction or destruction of other
./ctcililies, endangerment of life ond property. A Registrant shall not place or maintain its
Communications Facilities so as to interferc with. displace, damage or destroy any facilities,
including but nol limited to se\.\ers. gas or water mains. storm drains, stom drainage lincs.
pipes, cables or conduits ol'the County oiany other Person's facilities lawfully occupying the
County Rights-ol'-Way and shall not endanger the lif'e or ploperty ofother persons.
(9) Coortlination with other u:ork in Cotmly Rights-o.f-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 Maintcnance activities under a Permit $'ith any other
work, construclion. installation, or repairs that may be occurring or scheduled to occur within
a reasonable timelramc in the subject County Rights-of-Way, and the Registrant may be
recluired to reasonable alter its Placement or Maintenance schedulc as necessary so as to
minimize disruptions and disturbance in the County Rights-of'-Way.
(10) Maintenance in accordance u,ith industry snndards and applicaDle /au,. A Registrant
shall maintain its Communication Facilities in good condition, ordcr. apgl4lign and repair in a
manner consistent with accepted industry practice and applicable Iaw
( 1 I ) Safery practices; encouroge strengthening utility infrastlucture and infrastruclure
hardening plan. All sal'ety practices required by applicable law or accepted industry practices
and standards shall be used during the placement or maintenance of Communication
Facilities. The County strongly encourages strengthening utility infrastructurc and in
particular as it relates to flooding and hurricane related events, and registrants are encouraged
to implement an infrastructure hardening plan for any Communication Facilities within the
County fughts-of-Way.
( I 2) 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 evcnt
that field work resulted in changes from the pcrmit plans. the applicant shall firnish to thc
County the exact GPS coordinales of the Srnall Wireless Communications Facility or Wirelcss
Support Structure, at no cost to the County, and onc complete set of sealed as-built ptans. 'l he
as-built plans shall be in an electronic format specitied by the County.
(13) Discrelion to Include Conditions. The County may include conditions on permits to
ensure adherence to the Counly Code of Ordinances and adequate protection ofthe public's
hcalth, salety and welfarc. These conditions may include. but arc not limited to. interim or
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including any provisiorl of'a permit, this Code. or any franchise. license. or other
authorization, or that revocation is necessary lo protect the public health, safetv, or welfare,
@Page 634 of 3203
temporary restoration. patching. or resurfacing ofthe County Rights-of-Way during the
construction period.
(14) Uniform Permit Conditions. All permits issued pursuant to this Article shall contain the
following conditions:
(a) The Applicant shall remove any rubbish, excess earth, rock, or other debris
arising from or associated with any work perlormed in the County Rights-of-
Way or any other property affccted by such work on a frequent and regular
basis (or as specifically directed by the County), to the satisfaction ofthe
County. and at the expense of the Applicant;
(b) Unless otherwise specified by the County, the Applicant shall illuminate
through use ofred lanterns, red lights, or red torches any building material.
machinery, motor vehicle, equipment. facility, or other object placed in the
County Rights-of-Way, between sunset and sunrise. The permittee shall placc
such illumination at a distance ofnot more than five f'eet from each other
along the width ofany affected portion ofthe County Rights-of-'v\hy (or as
may he otherwise specified by the County) and not more than 15 leet from
each othcr along the length ofthe affected portion ofthe County Rights-of'-
Way (or as rnay 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 dale specified in the permit
or as otherwise specified or provided by the County. Upon completion of
work (or at such time as may be specilied by the County ilconstruction is not
completed by the completion date or construction is terminated for any reason.
including revocation ol'the permit), the Applicant shall restore the County
Rights-of-Way 1o a condition which is at least as good as its condition prior to
commencemenl ol work. The Applicant shall perform restoration of the
County Rights-of-Way in accordance with any specifrcatior.rs or standards
regarding materials or any other matter specified by the County. The Countv
may establish generally applicable restoration standards. which apply unless
the County specities other standards in a particular situation or may establish
restoralion standards on a case-by-case basis.
(d) If an Applicant fails to restore thc 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 nray 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 lbr any such
@Page 635 of 3203
costs in an amount equal to the sum ofthe actual cost ofany work or other
activity undertaken by the Counti, plus 25 percent ofsuch cost as
compensation to the County lbr 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 billl
(e) An Appticant shall guarantee and maintain any County Rights-of-Way which
the County determines has been affected or altered by an excavation in the
County Rights-ol'-Way or any break or cut in any surlace of the County
Rights-of'-Way made by such Applicant for the 24 months tbllowing the date
of completion of restoration of the affected or altered County Rights-ol-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 fivc calendar days after receipt ofnotice from lhe County or
such other date as may be specificd by the County, and complete such action
promptly but not later than the date or any other deadline established by the
Count1,. The County may elect to perform any such work itselfor 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 u,ith any such corrective action in
an amount equal to the sum of the actual cost ofany 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 ofa bill:
(l) 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 shows the locations ofall 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 lrom the County. The Applicant shall provide notice
of completion ol construction of such equipment or lacilityl
(i) Indemnification as required herein; and
() All as-built plang shall be filed with Sunshine 811 underground locating
service.
( l5) Permit errurs. 'l'he issuance ofa Pcrmit shall not prevent the County from thereafter
requiring the correction oferrors when in violation olthis Article.
It @Page 636 of 3203
SECTION THREE: Amendment of Sec. I 10-125, Permitting Requirements for Small
Wireless Facilities, is hereby amended as lbllor,''s:
(l) Alternate Locotion 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 tbr ground-based equipment:
(a) All Small Mreless 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 r+'ith the
sunounding environment;
(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 sunounding area. Further all Wireless Support
Structures and Utility Poles shall meet current sal'ely standards in Applicable
Codes:
(c) Ground-based equipment boxes for Small Wireless Facilities must be located
in areas with existing tbliage or another aesthetic feature to obscure the view
ofthe equipment box. Additional plantings may be required to meet this
condition. Any new landscaping in the County fughts-of-Way must be
approved by the County Manager or designee, who may require a landscape
maintenance agreement to be executed as a condition olthe permit;
(d) Iror the Collocation on a County tJtility Pole, no lacilities or cquipment as
delined in Section -l-wo, Subsection 2522 (b) of this Article shall be mounted
on exterior ol the pole;
(e) If the altemare 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 ofthe 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 pu[[ box, and the ground wire between the pole and ground rod
must be inside an underground conduiq and
(h) All pull boxes must be vehicle load bearing, complying with F-DOT 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 l.ocalion Negotiation.l'he County may negotiate any altemate location with the
Applicant. If an agreement is not reached u'ithin thirty (30) days after the date lhe county
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@Page 637 of 3203
requests an alternate location. the Applicant must notify the County ofsuch 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 lbr an alternatc localion, and acceptance ofan
alternate location, or a rejection ofan alternate location must be in writing and provided by
elecronic 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 ofa 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.[or Conpleting Completeness Reviev'ol Applicatlons. For applications in which the
County does nol request use ofan alternatc location for small wireless facilities, the County
must make a determination as to whether an application is complete u'ithin fourteen ( l4)
days. Ifan application is deemed incomplete. the County must specilically identif, the
missing information. An application is deemed complete if the County fails to provide
notification to the Applicant within tburteen (14) days.
(4) Applications Processed on a Nondisuiminatory 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. 'Ihe County shall grant or deny an application
within sixty (60) days after receipt ofthe application. If the County lails to act on a complete
application u'ithin sixty (60) days, the application shall be deemed approved lfthe County
elects not to negotiate an altemate 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) Notilicorion o/ Approval or Denial.The County shall notify an Applicant ofany approval or
dcnial by electronic rnail on the same day a decision is made. Ilthe County denies an
application, the denial must state in writing the basis for the denial, including the specific
code provisions on rvhich the denial was based. In the event of a denial. the Applicant may
cure the deficiencies identified by thc County and resubmit the application within thirty (30)
days aller the notice of the denial. The County shall approve or deny the revised application
within thirty (30) days after reccipt or the application is deemed approved. Any subsequent
review shall be lirnited to the deficiencies cited in the denial.
(7) (.'onsolidated Applicarions. An Applicant who sceks to Collocate Small Wireless Facilities
may, at the Applicant's discretion, Ille a consolidated application and receive a single permit
fbr the Collocation of up to thiay (30) Srnall Wireless Facilities. If the application includes
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@Page 638 of 3203
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(8) HeiSht Limitations for Small Wireless Faciliries. The height of Small Wireless Facilities shall
no1 exceed ten (10) feet above the Authority Utitity Pole, Utility Pole. or Wireless Support
Structure on which the Srnall Wireless Facility is to be Collocated.
(9) Heiqht of Utility Poles. The height of a new Utility Pole is limited to the tallest existing
Utility Pole as o['.Iuly l, 2017, located in the same right-of-way, other than a Utility Pole hr
which a waiver has previously been granted, measured from grade in place within 500 leet of
the proposed location of the Small Wireless Facility. If there is no Utility Pole within 500
l'eet, the height of the new Utility Pole shall be limited to 50 feet.
l0) Permitling Criteria, The County mav deny a proposed Collocation for Small Wireless
F acility 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;
(c) Materially interferes with compliance with the Americans with Disabilities
Act or similar I'ederal or state standards regarding pedestrian access or
movement;
(d) Materially fails to comply with the 201 0 edition of the Florida Department of'
Transportation Utility Acwmmodation Monual, as may be amended from time
to time; or
(e) Fails to comply with Applicable Codes or Laws.
(l l) 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 agreement 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 Utilir;-
Pole shall be consistent with Section 337.401, Florida Statutes.
(d) The County shall offer rates, t'ees, and other terms that comply wilh this
subsection. By the later ofJanuary 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
multiple Small Wircless Facilities, the County may separately address Small Wireless
Facitity Collocations lor which incomplete inibrmation has been received or which are
denied.
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terms for the Collocation of Small Wireless Facilities on the Utility Pole
which comply wiLh this subscction.
[. The rates, fees, and terms nlust be nondiscriminatory and competitively
neutral and must comply with this subsection.
2. For a County Utility Pole that supports an aerial iacility used to provide
Communications Services or electric service, the parties shall comply with
the process lbr make-ready work under 47 U.S.C. s. 224 and
implementing regulations. The good faith estirnate of the person owning
or controlling the pole for any make-ready work necessary to enable the
pole to support the request Collocation must include pole replacement if
necessary.
3. For a County Utility Pole that does not support an aerial lhcility 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 request Collocation, including necessary
pole replacement, within 60 days after written acceptance of the good faith
estimate by the Applicant. Altematively, the County may require the
Applicant seeking to Collocate a Small Wireless Facility to provide a
make-ready estimate at the Applicant's expense fbr the work necessary to
support the Small Wireless Facility, including pole replacement, and
perform the rnake-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, developers, or provides the estimate or
conducts the make-ready work subject to usual construction rcstoration
standards for work in the County Rights-o1'-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. [:ccs for make-ready w,ork
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
Communication Sen ices Providers other than Wireless Services Providers
for similar work and may not include any consultant fee or expense.
(12) Altestdtion of ll'ireles:r,len'ices. A Wireless Inf'rastructure Provider must include within
its Application to place a LJtilit), Pole in the County Rights-ol'-Way an attestation that the
Small Wireless Facility will be used by a Wireless Services Provider for the provision of
Communication Services within nine (9) months of the date the application is approved. In
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the event a Wireless Services Provider fails to provide Communication Services within the
nine (9) months ofan 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 electronic cooperative
or a municipal electric utility. a privately-owned Wireless Support Structure, or other private
property within the consent of the properly owner.
l4) Limitation on Permitling oJ Small llireless Facilities. Any permit approval by the County
for the installation, placemcnt, maintenance, or operation of a Small Wireless Facility under
this section does not authorize the provision ofany voice. data, or video Communications
Services or the installation, placement. mainlenance. or operation ofany Communications
Facilities other than Small Wireless Facilities in the County Rights-of-Way.
(15) 1'he County shall not requirc approval or require fees or other charges for:
(a) Routine maintenance:
eon+plianee rvith applieable eodes kry er for a eommunieatiens serviees
Notwithstanding this paragraph. an authority may require a right-of-way permit fbr work that
involves excavation, closure ofa sidewalk. or closure of a vehicular lane.
SECl'lON FIVE: CONI'LICT AND SEVE,ItABILITY.
SECTION FOUR: Amendment of Sec. 110-129,lnspections, is hereby amended as follows;
The County may conduct any inspection it deems necessary to administer and enforce this
Anicle or any other State. or County Codes. laws. ordinances, or regulations, or to enlorce the
conditions of any permit granted. or to enlorce related regulations or policies. The County rnay
order a work stoppage or revoke a permit, as it deems necessary in thc case ofa failure to comply
with the provisions ofthis Article or the conditions ofany permit, or to otherwise protect the public
health, sat'ety and welfare.
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ln the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable [aw, the more restrictive shall apply. If any phrase or portion of the 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 SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part ofthe Code olLaws and
Ordinances of Collier County, florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SE,CTION SEVEN: ETFECTIVE DATE.
This Ordinance shall be eflt'ective upon filing with the Department of State
PASSED AND DULY ADOPT'ED b1,thc Board of County. Commissioners ol'Collier
County, Florida, this _day of 2026.
ATTEST:
Crysal Kinzel, Clerk
u:,
. Dcputl. Clcrk
Approved as to fbrm and legal sulliciency:
BOARD OF COTJN IY COMMISSIONERS
COLLIER COUNTY. FI,ORIDA
llv
Dan Korval. Chair
.lefliey A. Klatzkow, County Atto
x WIUP
l.l
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