18-Attachment B - Utility Accomodation Guide and ROW Use Procedures.pdf

October 2023

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Accommodation Statement In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (ADA), Hillsborough County will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Persons with disabilities who need an accommodation for this document should contact the Hillsborough County ADA Officer at (813) 276-8401; TTY: 7-1-1.

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HILLSBOROUGH COUNTY

UTILITY ACCOMMODATION GUIDE AND RIGHTS-OF-WAY

USE PROCEDURES MANUAL

APPROVED

APPROVED:

Michael Williams, PE Date

County Engineer

Effective Date

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PREFACE

This manual contains current information that defines County policies and procedures to which utility agencies and rights-of-way Permittees must adhere to obtain a permit. Although this manual is mainly directed towards utility installations, its intent and requirements cover all work performed in the County's rights-of-way. Once a permit is issued, the utility agency may install and maintain utility facilities in the County’s rights-of-way so long as the utility adheres to the County’s permit requirements. The utility agency is solely responsible for all actions associated with the installation and maintenance of its facilities.

The County is to oversee the compliance of the Utility Accommodation Guide and Rights-of-Way Use Procedures Manual requirements permitted by the utility or its contractor, to ensure adherence to all permitting policies.

As material specifications, technical criteria and County polices change to meet new needs and changing technology, it will become necessary to revise and update this manual. The County’s procedure for making revisions which includes issuing technical bulletins, accepting public comments, and requesting design exceptions can be previewed on the County’s website at HCFLGov.net. In addition, you can submit comments and suggestions for changes to the manual using the online “Comment on Public Utilities/Public Works Technical Publications” form located on the County’s website.

https://www.hillsboroughcounty.org/ https://hcflgov.formstack.com/forms/comment_on_pud_pw_technical_publications

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TABLE OF CONTENTS

GENERAL POLICY ON UTILITY ACCOMMODATION AND

RIGHTS-OF-WAY USE ........................................................... 1-1

1.1 PURPOSE, AUTHORITY, SCOPE OF REGULATIONS, AND BASIS OF STANDARDS ...1-1

1.2 REQUIREMENT OF PERMITS .............................................................................................1-2

1.3 POLICY FOR UTILITY AGENCY ACCOMMODATION FOR COUNTY PROJECTS ........1-3

1.4 VIOLATIONS AND PENALTIES .........................................................................................1-4

1.5 LICENSED CONTRACTORS ...............................................................................................1-5

1.6 AUTHORIZATION TO OBTAIN PERMIT ...........................................................................1-5

TYPES OF RIGHTS-OF-WAY USE PERMITS ............................ 2-1

2.1 GENERAL INFORMATION .................................................................................................2-1

2.2 USE PERMIT FOR NON-COUNTY OWNED FACILITIES OR INSTALLATIONS ............2-2

2.3 USE PERMITS FOR INFRASTRUCTURE TO BE DEDICATED TO THE COUNTY .........2-2

2.4 USE PERMITS FOR THE RELOCATION OF UTILITY FACILITIES TO ACCOMMODATE

COUNTY IMPROVEMENT PROJECTS ...............................................................................2-2

2.5 USE PERMITS FOR ACCESS CONNECTIONS ...................................................................2-3

2.6 USE PERMIT FOR LANDSCAPING ....................................................................................2-3

2.7 USE PERMIT FOR THE CONSTRUCTION OF COUNTY PROJECTS................................2-3

2.8 ANNUAL GENERAL USE PERMITS ...................................................................................2-4

2.9 USE PERMITS FOR LARGE FACILITIES ...........................................................................2-5

PERMITTING PROCEDURES .................................................. 3-1

3.1 APPLICATION PROCEDURES ............................................................................................3-1

3.2 PERMITTING PROCEDURES FOR DEVELOPERS ............................................................3-2

3.3 PERMITTING PROCEDURES FOR LARGE FACILITIES...................................................3-2

3.4 ALL OTHER RIGHTS-OF-WAY USE PERMIT APPLICATION SUBMITTALS ................3-2

3.5 CONSTRUCTION DRAWINGS ............................................................................................3-3

3.6 REVIEW PROCESS...............................................................................................................3-3

3.7 REVIEW OF DESIGN EXCEPTIONS ...................................................................................3-4

3.8 REVIEW OF VARIANCES ...................................................................................................3-5

3.9 AUTHORITY TO APPROVE ................................................................................................3-5

3.10 APPROVAL OF OTHER REGULATORY AGENCIES.........................................................3-5

3.11 EFFECTIVE PERIOD OF THE PERMIT ...............................................................................3-6

3.12 OBSERVATION OF WORK .................................................................................................3-6

3.13 PERMIT CLOSURE/RECORD DRAWINGS ........................................................................3-7

3.14 ACCEPTANCE OF WORK ...................................................................................................3-7

UTILITY ACCOMMODATION AND ADJUSTMENT FOR COUNTY

IMPROVEMENT PROJECTS .................................................... 4-1

4.1 GENERAL .............................................................................................................................4-1

4.2 COORDINATION BETWEEN HILLSBOROUGH COUNTY AND UTILITY OWNERS.....4-1

4.3 UTILITY RELOCATION PLANS .........................................................................................4-1

4.4 UTILITY RELOCATION AGREEMENTS ............................................................................4-2

4.5 PERFORMANCE OF UTILITY WORK ................................................................................4-3

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4.6 JOINT PROJECT AGREEMENTS.........................................................................................4-3

4.7 COUNTY CAPITAL IMPROVEMENT AND RESURFACING PROGRAMS ......................4-3

RIGHTS-OF-WAY ACCOMMODATION STANDARDS AND

SPECIFICATIONS .................................................................. 5-1

5.1 GENERAL REQUIREMENTS ...............................................................................................5-1

5.2 DESIGN OF UTILITY FACILITIES ......................................................................................5-2

5.3 TEMPORARY TRAFFIC CONTROL (TTC) .........................................................................5-3

5.4 UNDERGROUND FACILITY INSTALLATION ..................................................................5-6

5.5 POWER AND COMMUNICATION LINES ........................................................................ 5-13

5.6 RESTORATION OF RIGHTS-OF-WAY ............................................................................. 5-14

5.7 UTILITY MARKING ........................................................................................................... 5-15

5.8 CONTAMINATED SOIL ..................................................................................................... 5-16

5.9 GOVERNMENTAL SURVEY ............................................................................................. 5-17

RIGHTS-OF-WAY USE FEES ................................................... 6-1

6.1 GENERAL REQUIREMENTS ...............................................................................................6-1

6.2 FEE EXEMPTIONS ...............................................................................................................6-1

6.3 STANDARD PERMITTING PROCESS AND SCHEDULED PERMIT SITE VISITS ...........6-1

6.4 REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATION FACILITIES IN

PUBLIC RIGHTS-OF-WAY ..................................................................................................6-2

6.5 FEE STRUCTURE .................................................................................................................6-2

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APPENDICES

APPENDIX A: DEFINITION OF TERMS

APPENDIX B: REFERENCED DOCUMENTS

APPENDIX C: HILLSBOROUGH COUNTY RIGHT-OF-WAY USE PERMIT

APPLICATION

APPENDIX D: HILLSBOROUGH COUNTY ROAD CLOSURE, LANE CLOSURE &

SOCIAL EVENT APPLICATION & PERMIT

APPENDIX E: UTILITY RELOCATION SCHEDULE

APPENDIX F: HILLSBOROUGH COUNTY RIGHTS-OF-WAY USE PERMIT

NOTICE OF VIOLATIONS

APPENDIX G: HILLSBOROUGH COUNTY RIGHTS-OF-WAY USE PERMIT

CITATION

APPENDIX H: HILLSBOROUGH COUNTY RIGHTS-OF-WAY USE PERMIT STOP

WORK ORDER

APPENDIX I: HILLSBOROUGH COUNTY LANDSCAPE MAINTENANCE

AGREEMENT

APPENDIX J: PROJECT SIGN

APPENDIX K: TYPICAL ROADWAY RESTORATION DETAILS

APPENDIX L: TESTING SCHEDULE

APPENDIX M: TRENCHLESS CROSSING STANDARDS

APPENDIX N: BRIDGE ATTACHMENT STANDARDS – PART A CORROSION

CERTIFICATION GUIDELINES

APPENDIX O: AUTHORIZATION LETTER TO ACT AS AGENT FOR PERMITTEE

APPENDIX P: SAMPLE PERFORMANCE AND INDEMNITY BOND

APPENDIX Q: SAMPLE CERTIFICATION OF COMMUNICATION SERVICE

PROVIDER

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APPENDIX R: ANNUAL GENERAL USE PERMIT AGREEMENT

APPENDIX S: ANNUAL GENERAL USE PERMIT APPLICATION

APPENDIX T: EXAMPLE ANNUAL GENERAL USE PERMIT ACTIVITY

NOTIFICATION

APPENDIX U: HILLSBOROUGH COUNTY ORDINANCES

HILLSBOROUGH COUNTY ORDINANCE NO. 92-22

HILLSBOROUGH COUNTY ORDINANCE NO. 03-29

HILLSBOROUGH COUNTY ORDINANCE NO. 04-36

APPENDIX V: FEE SCHEDULE

APPENDIX W: MAJOR VS. MINOR DEVIATIONS

APPENDIX X: SMALL PATCH REPAIRS

APPENDIX Y: ACCESS PERMIT APPLICATION

APPENDIX Z: SUBMITTAL TRACKING REQUEST FORM

APPENDIX AA: RECONSTRUCTION SUBMITTAL FORM

APPENDIX BB: MODIFICATION SUBMITTAL FORM

APPENDIX CC: NOTIFICATION OF WARRANTY COMMENCEMENT

APPENDIX DD: EXAMPLE CROSS SECTION & PLAN VIEW

APPENDIX EE: AUTHORIZATION FOR TEMPORARY CLOSURE OF COUNTY

ROADS

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GENERAL POLICY ON UTILITY ACCOMMODATION

AND RIGHTS-OF-WAY USE

1.1 PURPOSE, AUTHORITY, SCOPE OF REGULATIONS, AND BASIS OF

STANDARDS

1.1.1 Purpose of the Utility Accommodation Guide and Rights-of-Way Use Procedures Manual: The purpose of the Utility Accommodation Guide and Rights-of-Way Use Procedures Manual is to define the policies and standards of Hillsborough County for accommodation of new private and public projects, installations, the relocation of existing utilities and maintenance work within the County’s public rights-of-way. This manual outlines procedures used to regulate the permitting, location, manner of installation and adjustments of these projects, utility facilities and other installations along or across any rights-of-way under the jurisdiction of Hillsborough County. By providing an outline of the permitting procedure, the process of obtaining a Rights-of-Way Use Permit can be streamlined, reducing costs to both the County and to the Permittee. Refer to APPENDIX A for a list of terms used in this manual.

1.1.2 Authority to Regulate: It is the role of Hillsborough County to construct, maintain and operate all of its facilities such as roadways, water, wastewater, reclaimed water, and stormwater facilities, and any other County appurtenances within the County in a safe and efficient manner. It is the County’s responsibility to manage the County owned rights-of-way and to regulate and observe the installation and maintenance of all utility systems, both private and public projects, within the jurisdictional area of Hillsborough County. Included in this role is the authority to govern and observe the location and manner of installation of utility systems and the relocation of said facilities and the location of existing private and public projects, when necessary, to accommodate County improvement projects as authorized by Hillsborough County Ordinance 92-22 (refer to APPENDIX U) and Chapter 337.401 through 337.404 of the Florida Statutes. This management of the County’s rights-of-way is accomplished through the Development Services Department (DSD), the Rights-of-Way Use Permit process as defined under Land Development on HCFLGov.net, and the requirements and standards defined in this manual.

1.1.3 Scope of Regulations: Utilities and other installations, whether public or privately owned, firms or individuals will be required to comply with the provisions of this manual when installing facilities within the rights-of-way. As part of this compliance, a Rights-of-Way Use Permit may be required prior to the start of any work in the County rights-of-way. The permit requirements are defined in Section 1.2 and Section 2.0. Failure to adhere to these requirements is a violation of Hillsborough County Ordinance 92-22 and may lead to the Permittee being penalized (refer to APPENDIX U).

1.1.4 Basis of Standards: The policies and standards contained within this manual have been established after review of standards, codes, and practices of other government agencies, recommendations of national roadway, public works and utility publications concerned with utility accommodation policies and national standards and codes governing utilities. The provisions are further based on prior experience of the County in its utility permit operations and the judgment of the County’s engineers as to adequate and proper design, construction and operation practices. These standards and policies are in conformance with other standards under which the County operates and are considered reasonable requirements for the protection of the public interest in accommodating utilities within the County’s rights-of-way.

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1.2 REQUIREMENT OF PERMITS

1.2.1 General: Prior to the start of any work activity within or over the rights-of-way, the Permittee must obtain written, electronic mail, fax, or phone authorization from the County. If phone authorization is given it will be documented by the County. This requirement is satisfied through the notification submittal and approval of a Rights-of-Way Use Permit or an Annual General Use Permit (AGUP), hereinafter referred to as “AGUP." Refer to APPENDIX C, APPENDIX R, APPENDIX S, and APPENDIX T for permit application, AGUP agreement and application, and electronic mail example of activity notification. This applies for all initial installations, maintenance and those relocations required for accommodation of County projects. The utility agencies will be required to pull associated Capital Improvement Program (CIP) permits for County projects. In addition, a Temporary Traffic Control (TTC) permit is required when traffic is impeded in any way, shape or form, or for any work done within 15 feet from the edge of the roadway. Since permits are issued on the affected road, any work lasting longer than two hours on that road requires a TTC permit.

However, if the work takes less than two hours (per site), no permit is needed. All emergency work requires a TTC application permit after the fact or within 24 hours of the occurrence, whichever comes first. In addition, if such application for TTC permits is made, meaning traffic must be disrupted (lane closure or lane shift) to perform the proposed work, a TTC plan must be submitted with the Rights-of-Way Use Permit application or AGUP notification for approval by the County.

1.2.2 Compliance with County Standards: The required standards and specifications for utility installation and rights-of-way restoration are contained in Section 5.0 of this manual. These standards attempt to cover the majority of situations which will occur, however, there may be times when modifications to these standards will be necessary. Consequently, each Use Permit application will be reviewed by the County on its own merit with regard to its impact on available rights-of-way, on present and future County projects, and future required maintenance.

1.2.3 Protection of Existing Roadways, County Facilities, Landscaping, and the Public To maintain minimum horizontal and vertical clearance from existing facilities, it is the policy of the County that the Permittee be responsible for identifying a facility alignment which will not cause damage to existing facilities during installation and is acceptable to the County. This is done to assure that the free flow of roadway traffic is not unduly impaired and that the utility installation does not prevent the County from maintaining the roadway and its associated appurtenances or other utilities from maintaining their facilities. In the event insufficient space is available outside the paved roadway and a utility facility must be installed under an existing roadway surface or crossing an existing roadway surface, the Utility owner must submit to the County as part of the Use Permit package, and receive approval of a TTC plan and details for the proposed restoration of the disturbed roadway. These additional submittals will become a part of the approved permit and must be strictly adhered to.

All rights-of-way disturbed by the installation or modification of any facility must be restored in accordance with Section 5.0 of this manual. All restoration, including the replacement of trees and landscaping, must be clearly defined with the permit application. The disfiguring of trees or landscaping of any scenic value by indiscriminate cutting or the use of herbicides must not be permitted. The necessary trimming or cutting of trees by utility companies in the interest of Public Safety or continuity of utility service will be allowed provided the work is performed in accordance with requirements of the Hillsborough County Land Development Code’s Natural Resources and Landscaping Regulations. Trees and landscaping damaged by facility installation must also be properly trimmed or replaced in accordance with Hillsborough County Ordinance

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92-22 (refer to APPENDIX U).

1.2.4 Construction Information Signs

Companies wishing to perform work in the County’s rights-of-way longer than two months in duration and/or longer than 1/4 mile in length, must install a minimum of two project signs, one at the beginning and one at the end of construction or within 500 feet of the location of the work to inform the Public (refer to APPENDIX J). For construction projects that include more than one street, additional project signs may be required. The placement of construction information project signs must be in compliance with Florida Department of Transportation (FDOT) Traffic Control indices.

For County construction projects, construction signs will be required if the Permittee is in the rights-of-way for duration longer than two months in advance of the County.

1.3 POLICY FOR UTILITY AGENCY ACCOMMODATION FOR COUNTY

PROJECTS

1.3.1 Utility Relocation: Under the provisions of Florida Statute 337.401 through 337.404 and Hillsborough County Ordinance No. 92-22 (refer to APPENDIX U), the County reserves the right to require a Utility to remove, repair, adjust or relocate any utility facilities installed within the County rights-of-way which the County has undertaken to improve, when said facility constitutes an obstruction or interference with the construction or maintenance of County projects, including but not limited to roadways, sidewalks, signals, stormwater, potable water, reclaimed water and wastewater facilities. County improvement projects will be updated and available on the County website, www.hillsboroughcounty.org. For procedures related to utility coordination refer to the “Hillsborough County Utility Coordination Procedures for Hillsborough County Construction Projects within County Rights-of-Way” manual. All Utilities using the rights-of-way are required to respond to the County’s notification of proposed projects in sufficient time to assure removal or relocation prior to the commencement of the County construction project unless approval is otherwise granted by the County. The Utility may be held liable for any damage or additional costs of construction incurred by the County from delays caused by the failure of the Utility to relocate within the time designated by the approved Use Permit and Utility Relocation Schedule. A copy of the Utility Relocation Schedule form is contained in APPENDIX E.

1.3.2 Failure to Comply with Permit Procedures

Failure to adhere to the provisions of the approved Use Permit and this manual must result in the

County issuing a Notice of Violation to the Permittee (refer to APPENDIX F). This notice must define the violations, and define a time frame for the correction of said violations. Failure to correct the violations within the defined time frame will result in the issuance of a second notice, the Citation (refer to APPENDIX G). Notice of violations, citations, and stop work orders will be issued by the DSD for the County. The Hillsborough County DSD will utilize County Law and/or Code Enforcement Officers, as necessary in accordance with Hillsborough County Ordinance 92- 22 (refer to APPENDIX U). The Citation will define the violations which have been noted and will notify the violator that the matter will be turned over to the Hillsborough County Code Enforcement Board. A notification will be sent to the violator indicating the scheduled hearing date before the Code Enforcement Board.

If, in the opinion of the County, the violations are severe and threatening to the safety of the public, a Stop Work Order may be issued in lieu of a Notice of Violation or Citation (refer to APPENDIX H). A stop work order is to be approved by the County Engineer and will be issued

October 2023 Page | 1-4 to the Permittee by the inspector or the code enforcement officer for the County. This notice must be submitted to the Permittee, must define a time frame for the correction of all violations, and must clearly state that no further work may be performed until such time as all violations are corrected. Failure to correct all violations within the time frame defined in the Stop Work Order will result in the issuance of a Citation. All procedures previously established will be enforced.

If an immediate safety issue exists, the County TTC Supervisor or their designee must inform the utility, or their contractor, to immediately stop work and correct the violation. For all other safety risks, a Stop Work Order will be issued describing that all work must cease until all safety violations are corrected. If the violations are not corrected immediately, the County may, by Florida Statutes, correct these violations by means of an approved contractor, if required, or with its own forces. The violator will then be liable for all costs incurred by the County. The County is not responsible for any costs incurred by the Utility owner and other entities, public or private, by their occupying, relocating, maintaining or working within the County’s rights-of-way.

1.4 VIOLATIONS AND PENALTIES

1.4.1 A violation is considered any activity conducted within the rights-of-way that is contrary to the requirements of the approved Use Permit, the Utility Accommodation Guide and Rights-of-Way Use Procedure Manual or Hillsborough County Ordinance No. 92-22. A listing of penalties is provided in Section 10 of Hillsborough County Ordinance No. 92-22 (refer to APPENDIX U).

1.4.2 Fines for violations of the approved Use Permit will be assessed by the Code Enforcement Board.

The Board will review all available information and consider the severity of the violation before issuing a judgment. The Board will normally issue a ruling ordering the Permittee to correct all noted violations within a specific time period. Fines can be assessed ranging from $250.00 per day, for a first-time offender, to $500.00 per day, for a repeat offender, for failure to correct the violation within the specified time frame.

1.4.3 Fines issued by the Code Enforcement Board do not relieve the violator of other liabilities associated with failure to adhere to the requirements of the approved Use Permit and this manual.

Depending on the severity of the violation, the County may opt to revoke the approved Use Permit and possibly delay the issuance of future permits. In addition, the violator will be liable for any delay claims associated with the failure to relocate facilities within the time frame specified by the Utility Relocation Schedule when the project affects a County improvement project.

1.4.4 The following list provides examples of some of the violation types that the County may assess for non-compliance issues:

Failure to notify Sunshine State One-Call of Florida notification system prior to excavation Failure to provide, if requested, a copy of the Construction Bond Failure by, an excavator, to properly notify the owner of a damaged facility Installation of new underground facilities which create a conflict with existing underground facilities, either without approval by permitting agency or without taking measures to protect the maintenance or operation of the existing facility as may be required

Engaging in horizontal directional drilling without the ability to monitor the location of the bore head or equivalent equipment

Failure by Permittee to maintain record drawings Failure to restore the rights-of-way in accordance with the Rights-of-Way Use Permit and the

Utility Accommodation Guide and Rights-of-Way Use Procedures Manual

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Failure to properly notify the County of proposed new construction, emergency work (24 hours after), or scheduled maintenance work.

1.5 LICENSED CONTRACTORS

1.5.1 Any and all work performed in the County’s rights-of-way must be performed by a Contractor appropriately licensed by the State of Florida or by Hillsborough County and all applicable Rights-of-Way permits must be obtained by the current facility owner or their representative. All contractors doing work within Hillsborough County should register with County Contractor Licensing and are responsible for keeping that information correct and up-to-date. In lieu of registering with Contractor Licensing, a contractor may provide certified copies of all licensure and insurance documentation to the Permittee to be included with the permit application. In the latter case, that documentation will still be subject to review by Contractor Licensing. For trades that are not regulated by Hillsborough County, the contractor performing such work must be subcontracted to a contractor licensed by Hillsborough County.

1.5.2 Exemptions from Licensed Contractors Requirements

Utility requirement for having work done by a licensed contractor (Section 1.5) may be waived in the cases listed below. At no time will such a waiver exempt the Permittee from remaining totally responsible for complying with this manual and all pertinent standards and statutes (refer to APPENDIX O).

A property owner, self-contracting work, may extend certain types of work into the rights-of-way adjacent to that property without obtaining the services of a licensed contractor. This waiver will be limited to:

a) Driveways and driveway aprons

b) Sidewalks

c) Irrigation (sprinkler) systems

d) Mail box installation (consistent with US Postal Service standards)

e) Landscaping

A utility company may perform work on its own infrastructure within the rights-of-way without obtaining the services of a licensed contractor. This waiver does not apply to subcontracted work.

In response to a declared emergency, a utility company may have work performed on its own infrastructure within the rights-of-way by other, like utility companies authorized by the utility Permittee, without obtaining the services of a licensed contractor. This waiver does not apply to subcontracted work.

Law Enforcement, emergency responders, and licensed professionals carrying out activities common to their respective professions may work within the rights-of-way without obtaining the services of a licensed contractor. However, if that work involves any sort of excavation, subsurface exploration, construction or any other work that would not be common for the profession or that could imperil existing infrastructure, then a licensed contractor would be required.

1.6 AUTHORIZATION TO OBTAIN PERMIT

Utility companies, or other users of the rights-of-way, may authorize a contractor or another company to obtain its Rights-of-Way Use Permit. The company or other users authorizing others to obtain a Rights-of-Way Use Permit will remain totally responsible for complying with this manual and all pertinent standards and statutes. (Refer to APPENDIX O.)

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TYPES OF RIGHTS-OF-WAY USE PERMITS

2.1 GENERAL INFORMATION

2.1.1 The County has established a permitting system in order to regulate and monitor activities performed within the County right-of-way. The Permittee must submit for a Rights-of-Way Use Permit or an Annual General Use Permit (AGUP) from Hillsborough County (refer to APPENDIX C, APPENDIX R, and APPENDIX S). A Rights-of-Way Use Permit will be required for all utility construction project activities. A Temporary Traffic Control (TTC) Plan must be submitted prior to the start of work lasting longer than two hours and located within 15 feet of the edge of road (refer to APPENDIX D). Refer to APPENDIX Z for Use Permit Submittal Tracking form.

2.1.2 The County must be notified of all activities conducted within the rights-of-way under the AGUP.

The County must be notified of all AGUP activities including excavation, maintenance (such as routine maintenance, tree trimming, line cleaning, etc.), and modifications to existing facilities performed within the rights-of-way. The only exception to this notification requirement is for general maintenance of landscaping. AGUP activity notifications will be completed within HillsGovHub portal, the County’s online permitting website that provides 24/7 access to the permitting and licensing process.

2.1.3 The County requires a permit when Subsurface Utility Locating (SUE) is performed by methods of excavation or digging to locate a utility. A permit will not be required for non-intrusive methods.

When Subsurface Utility Locating (SUE) is performed in unpaved areas, the area must be restored with clean fill material (no rocks) and compacted in 12-inch lifts. In paved areas, the hole must be backfilled and compacted in lifts to an elevation 12 inches below finished grade and the final 12 inches must be filled with cement.

2.1.4 The County will require a permit for any new installations within platted-unmaintained County rights-of-way, and will not be accepted as an activity under an AGUP.

2.1.5 The owner must notify the County contact person listed on the approved Use Permit at least two business days prior to the start of any work conducted within the rights-of-way. The Permittee must provide the County the name and telephone number of a responsible person, who speaks and understands English, and who is available at or reasonably near the worksite on a 24-hour basis, seven days a week. The name and telephone number of a person or persons who can be contacted during normal business hours must also be provided. The owner must contact the Engineering and Operations Traffic Engineering Section via email at ttcpermits@hillsboroughcounty.org as soon as possible, prior to, or immediately after the start of work. The Permittee must complete and submit the online TTC permit application no later than 24 hours after the start of emergency work. Notifications before and after work are only required for work that is greater than 48 hours.

Work less than 24-hours require notification only at the start of work. During emergency repairs, the owner is responsible for job site safety. If a planned maintenance activity will disrupt the flow of traffic for any time period, a TTC plan must be submitted to and approved by the County.

https://www.hillsboroughcounty.org/government/departments/development/hillsgovhub

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2.2 USE PERMIT FOR NON-COUNTY OWNED FACILITIES OR

INSTALLATIONS

A Use Permit is required when an individual or a Utility owner wishes to install non-County owned facilities within County rights-of-way. For these types of installations, the Permittee must identify and locate (by all available means of information such as Sunshine One Call, record drawings, and/or as-built drawings) all other affected existing utilities within the specific rights-of-way and confirm (with assistance from the County) that no County improvement projects are proposed. The County will provide the utility agencies with access to the Capital Improvement Program (CIP) database that will provide long range planning schedules. The County will provide the utility agencies with proposed project information, project scope and limits of construction (to and from streets). Additional proposed project information must be obtained from the County project manager. The County CIP work schedule will be updated monthly on the CIP viewer found at HCFLGov.net. On specific CIP projects where there is a potential conflict, the County may require the utilities to verify their own existing location within the rights-of-way by three-dimensional methods. Once this investigation has been concluded, an alignment can be established and the project permit approved if in the opinion of the County the installation does not endanger the roadway surface or constitute a hazard to the public. The County may assign a particular corridor or alignment to a utility or utilities if there are conflicts amongst utilities or future County improvement projects planned.

2.3 USE PERMITS FOR INFRASTRUCTURE TO BE DEDICATED TO THE

COUNTY

As part of commercial or residential site development projects, the Developer or their agent is required to obtain a Use Permit for the installation of infrastructure improvements within the existing rights-of-way. Since these facilities are to be dedicated to the County for ownership and maintenance, construction plans and facilities installations are to conform to the requirements of this manual; to the latest version of the Hillsborough County Land Development Code (LDC); and to the latest editions of the Associated Technical Manuals, including the Transportation Technical Manual for Subdivisions and Site Development Projects; the Water, Wastewater and Reclaimed Water Technical Manual; and the Stormwater Management Technical Manual. A list of related reference manuals is included in APPENDIX B. Should the proposed installation affect a proposed County improvement project, the Permittee must also adhere to the requirements of Section 4.0 of this manual. All other utility work within the County rights-of-way required for development of the site are to conform to the rights-of-way permitting procedures.

2.4 USE PERMITS FOR THE RELOCATION OF UTILITY FACILITIES TO

ACCOMMODATE COUNTY IMPROVEMENT PROJECTS

2.4.1 To facilitate the construction of proposed County improvement projects, the County may require Utility owners to relocate existing facilities within the rights-of-way. The County Project Manager and/or Designer will coordinate with the Utility owners to identify corridors or areas for possible utility relocation in accordance with the “Hillsborough County Utility Coordination Procedures for Hillsborough County Construction Projects within County Rights-of-Way." A Use Permit application, if required, along with a Utility Relocation Schedule, and the required copies of the project plans must be submitted and approved prior to the start of any relocation activities. No fees will be assessed for these types of permits.

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2.4.2 It is the responsibility of the Utility owner to adhere to the approved work schedule identified in the Utility Relocation Schedule. Failure to adhere to the schedule may result in the Utility being found in violation of County Ordinance No. 92-22 (refer to APPENDIX U). A copy of the Hillsborough County Utility Relocation Schedule is contained in APPENDIX E.

2.5 USE PERMITS FOR ACCESS CONNECTIONS

2.5.1 A Use Permit is required when an owner wishes to provide access to a property adjacent to the County rights-of-way. The types of access connections and the requirements for obtaining a permit are described in the Hillsborough County Access Management Regulations of the LDC. The owner must conform to all procedures, standards, and maintenance responsibilities defined in the Access Management Regulations of the LDC and this manual. When drainage facilities are required, the Permittee must furnish design documentation and record drawings showing that the facilities have been installed at the proper elevation.

2.5.2 Please be advised that the County does not recommend the use of decorative material (such as brick pavers, turf block, etc.) within the rights-of-way for driveways or sidewalks.

Use of Pavers: When a driveway permit application (refer to APPENDIX Y) indicates the intention to use pavers, the following language is added to the permit conditions:

“Please be advised that the County does not recommend the use of decorative material (such as brick pavers, turf block, etc.) within the rights-of-way for driveways or sidewalks. Decorative materials shift due to various external factors such as high groundwater levels, heavy loads, etc., and this material shift may result in the driveway or sidewalk not meeting the American Disability Act (ADA) and/or Florida Department of Transportation (FDOT) standards. In the event the permit applicant chooses to install a decorative material, the permit applicant must abide by all applicable ADA and FDOT standards and specifications for construction and maintenance. The property owner is responsible for the maintenance of these pavers. Please be advised that this approval for such materials does not preclude the County or other rights-of-way users in the future from replacing these decorative materials with standard construction materials such as asphalt and/or concrete. Any installation of pavers must be in compliance with ADA standards (no exceptions). Architectural pavers must comply with Section 526 of FDOT “Standard Specifications for Road and Bridge Construction.”

2.6 USE PERMIT FOR LANDSCAPING

Any individual landscaping projects within the rights-of-way will require a Rights-of-Way Use Permit. All work must conform to the Hillsborough County LDC’s Natural Resources and Landscaping Regulations. All maintenance of landscaping within the rights-of-way must conform to the approved Hillsborough County Landscape Maintenance Agreement (refer to APPENDIX I).

2.7 USE PERMIT FOR THE CONSTRUCTION OF COUNTY PROJECTS

A Rights-of-Way Use Permit is required for the construction of County projects. These include all CIP projects, roadway projects, and utility projects within County Rights-of-Way. The contractor for these projects will be responsible for obtaining this permit. The contractor must submit the required copies of the project plans and the permit application for issuance of the permit.

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2.8 ANNUAL GENERAL USE PERMITS

2.8.1 The purpose of the AGUP is to facilitate and expedite typical day-to-day maintenance and new construction activities that meet County standards for minimal impacts. The AGUP is intended to help utilities provide new service to customers in a timely manner while still providing proper notification to the County.

2.8.2 All AGUP work performed must be in compliance with the AGUP and this Utility Accommodation Guide and Rights-of-Way Use Procedures Manual. This agreement must be signed by the County and the Utility Agency. AGUP is given for work activities or utility poles 24 inches and less in diameter at ground level that is more than two feet from the back of curb (BOC) or five feet from the edge of pavement if no curb exists. An AGUP is issued by the County for certain routine activities, and may be issued or renewed for periods up to one year. These approved activities will be listed in the AGUP to be used for reference in the notification to the DSD. Prior to submitting a notification for an AGUP activity, it is the utility agency’s responsibility to notify Sunshine One Call and identify any potential existing utility conflicts. APPENDIX T displays an example of an activity notification.

2.8.3 The AGUP may be terminated and/or revoked by Hillsborough County in the event that the Permittee violates any provisions contained herein or fails to promptly correct such violation within five days after written notice from the County, or fails to complete corrections within a reasonable time after such notice, as determined by the County.

2.8.4 The Utility must notify the County DSD, via phone, electronic mail, or fax the attached notification, of its intent to begin AGUP activities. Phone notification will require a follow-up hardcopy electronic mail or fax notification within 24 hours of beginning an AGUP activity. Each notification must include the AGUP number, the activity number as listed in the AGUP, the specific date of the activity, and the project limits/description of activity to include beginning and end construction locations, and the duration of the activity. When an activity and restoration is complete, the County may schedule a final inspection for the work performed. The County will schedule final inspections for AGUP activities as required. If a final inspection in not conducted the warranty period will begin 12 months from the notification date. Refer to APPENDIX CC for an example letter of notification of warranty commencement.

2.8.5 Unless the Utility provides, and the County approves, a written request for a time extension, every AGUP activity must be complete and final within 30 calendar days of notification submittal. The County AGUP fees will be based upon a flat fee of the total service area of unincorporated Hillsborough County serviced by the utility agency.

2.8.6 All operational standards for the AGUP must follow the “Utility Accommodation Guide and Rights-of-Way Use Procedure Manual” standards and specifications as applicable in performing AGUP work activities.

2.8.7 Any work within 15 feet of the edge of travel way but not closer than two feet from the edge of travel way will not require a TTC Permit if the work period is for two or less hours. However, if a crew is working at a site for two hours, takes a break, and then returns to the site and continues to work for any additional hours, a TTC permit will be required. Also, if a crew is working on various sites on the same roadway for a period that exceeds two hours then a TTC permit will be required.

All work within two feet of the travel way will require a TTC permit. All work done must have

October 2023 Page | 2-5 proper TTC based on FDOT Standard Indices, regardless if a permit is required.

2.8.8 During the initial non-permitted two hours, the crew will be required to install proper TTC based on the FDOT Standard Plans (Index Series 120). All work done within the roadway or within 15 feet of the edge of travel way must have proper TTC based on FDOT Standard Plans, regardless if a permit is required. Failure to comply with this will result in immediate stoppage of all work.

2.8.9 The County reserves the right to approve or deny any AGUP application and also has the ultimate decision-making authority regarding existing or new facilities. Decisions on AGUPs are made at the sole discretion of the County, and the County’s decisions are final.

2.9 USE PERMITS FOR LARGE FACILITIES

The installation of large facilities will require an application and the granting of a Supplemental Large Facilities Permit (SLFP). Large facilities are defined as facilities which when installed will exceed 75 feet in height or poles greater than 24 inches in diameter at the ground line. The requirements, criteria, and exceptions for an SLFP are described in the Hillsborough County Ordinance No. 03-29 and is included in APPENDIX U. A SLFP application may only be approved by the Board at a Public Hearing.

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PERMITTING PROCEDURES

3.1 APPLICATION PROCEDURES

3.1.1 All work conducted within the rights-of-way, with the exception of those activities outlined in Section 2.1, must be permitted. Permitting is accomplished through the issuance of a Hillsborough County Rights-of-Way Use or Annual General Use Permit. These permits are issued by the Development Services Department (DSD) including those for development projects. For Annual General Rights-of-Way Use Permitting Procedures refer to Section 2.8 or refer to the Permits and Licensing Section under the Services tab of the County's website, www.hillsboroughcounty.org.

Prior to the start of any work requiring a Rights-of-Way Use Permit, the Permittee must contact the Hillsborough County DSD and the Hillsborough County Public Works Administration (PWA) to determine if the proposed installation will be affected by any proposed development or County Improvement Program (CIP) projects. This information will be provided to the Permittee for inclusion on the Rights-of-Way Use Permit. A TTC plan is required when the proposed work requires a road closure or when the Maintenance of Traffic (MOT) plan is a major deviation from the FDOT Standard Plan Indices. A digital copy of the proposed plan must be submitted to ttcpermits@hillsboroughcounty.org and an online TTC permit application (refer to APPENDIX D) must be applied for after receiving approval of the Rights-of-Way Use Permit application (refer to

APPENDIX C).

3.1.2 All submittals will require one digital copy of the completed Use Permit application along with the appropriate digital construction drawings. Use Permit applications for proposed installations, landscaping or access connections not affecting a proposed County improvement project will require the inclusion of one digital copy set of construction drawings. Applications for installations affecting a CIP project must contain one digital copy set of construction drawings. Use Permit applications for the installation of water, wastewater, reclaimed water, and stormwater facilities to be dedicated to the County must include one digital copy set of construction plans or must follow the established procedures for subdivision and site development review. Permits must be submitted as described in Section 3.1.1 of this manual. On a case-by-case basis, a hard copy set may be submitted in lieu of a digital copy for required submittals. In addition to the submittal of construction drawings to the County, the Permittee must also submit drawings to all other affected Utilities for review. The Permittee or their contractor must obtain and provide a letter of “NO CONFLICT or NON-INVOLVEMENT” from all applicable private utilities or governmental agency facilities that might be located within the area of concern. If the proposed utility is within the City of Tampa Water, Sewer, and Reclaimed Water Service Area, the Permittee must provide a copy of a “NO CONFLICT or NON-INVOLVEMENT” letter from the City of Tampa as part of the permit submittal. Utilities must respond to no conflict requests within seven business days upon receiving letter of “NO CONFLICT or NON-INVOLVEMENT.” If no response is sent from the utility owner by seven business days, then the request will be deemed as a NO CONFLICT or NON-INVOLVEMENT response. The letter must be sent by standard mail, electronic mail, or fax describing the project. It is the responsibility of the Permittee to display positive proof of receipt notification.

3.1.3 All submittals proposing water or sewer connections will require a copy of the approved connection authorization from the utility owner. All submittals proposing tree removal will require a copy of the Natural Resources approval letter.

mailto:ttcpermits@hillsboroughcounty.org

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3.1.4 Additionally, prior to performing any work, every contractor must be bonded and proof of existing performance and Indemnity Bond (See APPENDIX P for a sample) must be furnished upon request.

3.1.5 For Communication Service Providers, a copy of the State license/certification must be submitted to the County (refer to APPENDIX Q for a sample letter/certification). The Communication Service Provider is responsible for re-submittal of the State license/certification upon expiration, or once every two years at a minimum.

3.2 PERMITTING PROCEDURES FOR DEVELOPERS

The developer will submit a permit package to the DSD. At a minimum, the permit package must include the use permit application with the developer plan(s). Additional information may be required on a case by case basis. The DSD will review the permit package for completeness and log it into the County system. If the package is 100 percent complete, then the DSD will forward it to the appropriate department(s) for review and comment if needed. They will review the application and developer plans and either request additional information, approve, or deny the permit. They will then return the permit package to DSD who will then forward the request for additional information, issue, or deny the permit and return it to the applicant. Permits issued by the DSD will contain the address, telephone number, and contact information for the DSD. If the permit is denied, the reason for the denial will be provided to the applicant.

3.3 PERMITTING PROCEDURES FOR LARGE FACILITIES

3.3.1 The permit package for large facilities, designated as a Supplemental Large Facilities Permit (SLFP) on the Rights-of-Way Use Permit application, must be submitted to the DSD. The permit package must include all the elements required for a standard Rights-of-Way Use Permit.