(A) In accordance with applicable law, city ordinances, codes and regulations, including this chapter, a right-of-way use permit issued by the city shall be required for a communications services provider, wireless infrastructure provider or a pass-through provider to place or to maintain a communications facility in the public rights-of-way unless otherwise exempt pursuant to this chapter. An effective registration shall be a condition of obtaining a permit. Notwithstanding an effective registration, permitting requirements shall continue to apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met. A registrant shall not commence to place or to maintain a communications facility in the public rights-of-way until all applicable permits have been issued by the city or other appropriate authority. Registrant shall comply with all city requirements for issuing permits, including reasonable rules or regulations governing the placement or maintenance of a communications facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The city may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits or may impose lesser requirements. Requests for ancillary permits required to operate a communications facility, including but not limited to electrical permits, shall be processed pursuant to the city's rules and regulations. The city may deny or withhold the ancillary permit if the registrant is otherwise in violation of the City Code.
(B) Limited exceptions to permit requirement. A registrant that is in compliance with this chapter shall be allowed to perform routine maintenance, service restoration work on existing facilities, repair work including but not limited to emergency repairs of existing facilities or extensions of such facilities for providing communications services to customers without a rights-of-way permit required herein. Notwithstanding the exceptions to a rights-of-way permit provided herein, other permits may be reguired depending on the nature of the work being performed. The term EMERGENCY shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Prior to performing any work in the public rights-of-way without a permit, the registrant shall provide reasonable advance notice, generally at least 48 hours, to the city, explaining the location, date and duration of such anticipated work. For emergency maintenance situations where such advance notice may not be possible, the registrant shall notify the city through appropriate means, including through notification to the City's Police Department or other city department as designed by the city if the city is otherwise closed. Registrant shall provide prompt notice to the city of the service restoration work or repair work within two business days of commencing the work, and shall apply for an after-the-fact permit if such activity required a permit under this chapter within 30 days. If authorized herein, a registrant performing excavation or work that involves closure of a public rights-of-way without first obtaining a permit shall ensure that there is photographic and video documentation of the work, including depiction of the area of the public rights-of way impacted, and such photographic and video documentation shall be provided to the city upon the earlier of the city's request, or within ten days following completion of the work. Any maintenance of traffic required for service restoration or repair work shall meet the requirements of the latest edition of the FDOT 600 Series Standard Drawings and the Manual on Uniform Traffic Devices. In addition, as built plans shall be provided to the city within ten days following completion of any construction in the public rights-of-way.
(1) In the case of routine maintenance, a registrant shall provide reasonable advance written notice to the city identifying the areas where such maintenance will occur, scope of maintenance, date(s) and duration of work to be performed. If routine maintenance requires the closure of the public rights-of-way regardless of the duration, a rights-of-way permit consistent with the city's rules and regulations shall be required.
(2) Work on existing aerial lines and underground facilities on private property. A registrant shall be allowed to perform maintenance, repair, replacement, extension, or upgrade of existing aerial lines between existing utility poles or underground communications facilities located on private property outside of the public rights-of-way without first obtaining a permit. However, a right-of-way use permit shall be required for work in the public rights-of-way that involves excavation, closure of a sidewalk, or closure of a vehicular lane or parking lane, regardless of the duration.
(3) Replacement of existing wireless facilities. A permit shall not be required for replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size. If such replacement will require excavation or the closure of a right-of-way, the registrant shall obtain an appropriate rights-of-way permit consistent with the city's rules and regulations. A registrant shall provide 48 hours' notice to the city prior to such work being done. As-built plans shall be provided to the city within ten business days.
(4) Service drops. A registrant shall be allowed to place or to maintain a service drop within the public rights-of-way without first obtaining a permit if such proposed work does not involve excavation, construction, or the temporary closure of the public rights-of-way.
(5) Micro wireless facilities. A permit shall not be required for the installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cable strung between existing utility poles in the public rights-of-way, in compliance with applicable codes by or for a communications services provider authorized to occupy the public rights-of-way and who is remitting Communications Services Tax under F.S. Chapter 202. Prior to placing a micro wireless facility in the public rights-of-way pursuant to this subsection, the registrant shall submit a notarized letter to the city from or on behalf of the communications services provider, which shall be effective upon filing, attesting that the micro wireless facility's dimensions comply with F.S. § 337.401(7) and this chapter. A registrant's submission to demonstrate a micro wireless facility's dimensions may apply to all of the same, substantially similar, or small size micro wireless facilities sought to be placed in the public rights-of-way by such registrant. If the micro wireless facility's dimensions exceed the dimensions to constitute a micro wireless facility, the registrant shall not be authorized to place such facility in the public rights-of-way.
(6) Notwithstanding the exceptions to permit requirements contained in this subsection, a registrant shall obtain from the city a right-of-way permit for work that involves excavation, closure of a sidewalk regardless how temporary, or closure of a vehicular lane or parking lane regardless how temporary, unless the registrant is a communications services provider that is performing service restoration on an existing facility and the work is done in compliance with the 2017 edition of the Florida Department of Transportation Utility Accommodation Manual, including but not limited to the requirement to notify Sunshine 811 prior to any excavation or demolition activities in accordance with F.S. Chapter 556, and to comply with the City Code. In such instance, to the extent not inconsistent with the 2017 FDOT UAM, the communications services provider shall provide information acceptable to the city as to the service restoration work and shall provide reasonable advance notice to the city so that the city may have an observer present. In all instances of excavation or closure of a public right-of-way, the city may require a specific method of excavation and a maintenance of traffic or sidewalk closure plan, as applicable. In addition, the registrant shall file for an after the fact permit within 30 days after completing restoration of the public rights-of-way. A registrant performing work without a permit shall ensure that the work is photographed and videotaped, including of the area of the public rights-of way impacted, and such photograph and videotape documentation shall be provided to the city upon request or, if not requested, with the after the fact permit application.
(C) The City Manager may cause an immediate stop work order where any permitted or unpermitted construction or other work in the public rights-of-way poses a serious threat to the health, safety or welfare of the public until such serious threat has been abated. Failure to comply with such order may subject a registrant, and its agents, employees, and contractors as applicable to appropriate enforcement remedies as set forth in this chapter and applicable law.
(Ord. O-2020-14, passed 10-7-20)