§ 24-5. Right-of-way communication tower.
(a)
Purpose. The purpose of this section is to adopt specific regulations relating to the use of rights-of-way for the erection of communication towers within unincorporated Hernando County. Right-of-way shall be defined as set out in section 24-3 of chapter 24, article I. The board of county commissioners hereby finds that regulation of communication towers within the public right-of-way is not a land development regulation and should be placed under the department of public works for administrative purposes.
(b)
Review. The public works director will review exhibits presented by the applicant and determine whether the proposed communications tower will adversely interfere with future road improvements, traffic safety setback areas, residential safety setback areas, MPO plans, specific projects named in the comprehensive land use plan, drainage projects, utility projects, sidewalks, bike paths/lanes, future signalization, airport operation and/or planned and current pedestrian/bike trails. If a public project would be negatively impacted, the public works director shall deny the application stating the reasons in writing. The following exhibits must be presented to the public works department by the applicant:
(1)
Exact location of the proposed installation.
(2)
Type/model of communications tower to be erected.
(3)
Method of installation (include direction of guy wires if utilized).
(4)
Proposed start time and completion time for installation.
(5)
Means of repairing right-of-way damage during installation.
(6)
Sketches and plans that depict exact nature of installation.
a.
ROW width and road pavement width.
b.
Location of all other utilities in ROW, including signals.
c.
Any sidewalks in or near ROW.
d.
Cross sections to reflect location of communications tower.
e.
Include an aerial map showing the location of the communications tower and any lines.
f.
Show area of work in relation to nearest road intersection, bridge or other physical feature.
(7)
Applicant's legal name, company mailing address, email address and phone number.
(8)
Signed indemnity agreement.
(9)
Proof of insurance adequate to defend and cover claims.
(10)
Distance from top of tower to collapsible point(s) and fall radius depicted on aerial photograph or survey.
(11)
Feasibility statement discussing use of camouflage techniques if possible and possibility of placing equipment within or against tower.
(c)
Permit conditions. If application is approved, and prior to installation, applicant shall provide written notice to all property owners adjacent to the project. Notice shall include anticipated installation schedule, MOT plan, and any impacts to adjacent property, temporary or permanent. The notice must provide a contact number for the contractor or project manager. A copy of the permit shall be on site at all times during installation.
(1)
If necessary for the construction, maintenance, operation or alteration of the right-of-way, as determined by the board of county commissioners, the communication tower/pole shall be immediately removed or relocated from the right-of-way at the expense of the permit holder unless reimbursement is authorized by the county or required otherwise by law.
(2)
All work, materials and equipment shall meet all county codes and standards and shall be subject to inspection by the county. All disturbed areas must be restored to its original condition or better and in accordance with applicable county codes.
(3)
The installation, maintenance and operation of the tower/pole shall not interfere with the prior rights of a permit holder or interfere with the convenient, safe or continuous use of the right-of-way. Interference requires that the tower/pole be relocated or removed at permit holder's expense or as required by section 337.403(1), Florida Statutes as amended from time to time.
(4)
Written approval from the county engineer shall be required before any alterations to existing traffic signal equipment. This includes, but is not limited to, vehicle detection loops and signal timing.
(5)
The county shall not be responsible for damages to any structure placed within the right-of-way or any structure/vehicle outside of the right-of-way as a result of granting a permit. Normal maintenance of the right-of-way must not be impaired by the actions/omissions of the permit holder.
(6)
Final inspection and acceptance of work by the county must be obtained. All work shall be subject to the installation requirements of the county building department.
(7)
In the case of the noncompliance with any of the county's requirements, the permit will be void and the installation will be brought into compliance or removed from the right-of-way at no cost to the county.
(8)
The county may issue a stop work order upon a permit holder committing or creating an unsafe act which may create a public hazard, failing to comply with the permit, or not complying with applicable county ordinances.
(9)
The permit holder shall be responsible for all repair costs incurred due to damages to existing utilities by failure to use due care including mistakes in locating improvements placed in the right-of-way, or failure of permit holder's installation work.
(10)
It is expressly stipulated that the permit represents a nonexclusive permissive use only and that the placing of a tower/pole or lines upon public property pursuant to the permit does not create a property right in the permit holder.
(11)
The permit fee, payable upon application, is established by section 337.401(3)(c)2.a., Florida Statutes, as amended from time to time. In the event no maximum fee is established by the State of Florida, the amount will be determined by the Hernando County Board of Commissioners.
(12)
A right-of-way utilization permit for a communication tower/pole is effective for two (2) years from its approval date unless otherwise rescinded by the county. Furthermore, upon inspection and review, the public works director may, thereafter, grant extensions of the permit every two (2) years.
(Ord. No. 2016-8, § 1, 5-10-16)