RFP_16-036-SC_Attachment-D_Chapter 14-20.pdf

CHAPTER 14-20

PRIVATE USE OF RIGHT OF WAY

14-20.0025 Definitions 14-20.003 Placement of Shelters 14-20.0032 Placement of Benches 14-20.0033 Competitive Public Bidding of Advertising (Repealed) 14-20.004 Public Transit Bus Stops 14-20.010 General Use Permits

14-20.0025 Definitions.

(1) “Bench” means a seat designed for seating two or more persons, which is placed along a regular transit bus route at or near recognized transit bus stops.

(2) “Department” means the Florida Department of Transportation.

(3) “School Bus” means as defined in Section 316.003, F.S.

(4) “Shelter” means a structure or facility located at a designated site to protect passengers from the elements. “Shelter” refers to both public transit bus shelters and school bus shelters.

(5) “Transit Bus” means any motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

Rulemaking Authority 334.044(2), 337.408(4), (6) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 12-26-90, Amended 5- 15-97, 5-25-08.

14-20.003 Placement of Shelters.

The appropriate city or county government in whose jurisdiction a shelter is to be located may approve, by written authorization, the erection and placement of a shelter on the right of way of a road when it complies with the following:

(1) A shelter may be erected only at bus stops designated by a public transit agency or at bus stops designated by the local school board and identified as having service a minimum of ten times in a five-day period, excluding weekends and holidays.

(2) Shelters erected outside of the urban limits shall be spaced so that no more than two shelters are erected per mile of a two-lane highway and no more than four shelters are erected per mile on highways with four or more lanes.

(3) Shelters are prohibited in medians and on limited access facilities.

(4) The shelter location must meet the set back and minimum clear recovery zone requirements as established in the

Department’s Design Standards, Index Number 700, incorporated herein by reference. Copies of Index Number 700 are available at:

www.dot.state.fl.us/rddesign/designstandards/standards.htm.

(5) Shelters shall not be located within 15 feet of any fire hydrant or handicapped parking space.

(6) A shelter shall not obstruct any sidewalk, bike path, pedestrian path, driveway, drainage structure, or ditch, etc., and shall provide at least three feet of clearance for pedestrian traffic.

(7) Prior to the installation of the shelter, the impacted utility companies must be notified to determine location of utilities and prevent conflicts.

(8) All shelter utility connections shall comply with Rule 14-46.001, F.A.C., and must be approved by the appropriate city or county building department.

(9) The owner of abutting property shall be notified by certified mail of the proposed shelter location if there will be advertising.

(10) Advertising on a shelter shall be no greater than 72 inches by 60 inches per side of the shelter including the roof. There shall be no more than one advertisement per side.

(11) Companies engaged in the business of outdoor advertising shall obtain and maintain a current license pursuant to Section

479.04, F.S. and Rule 14-10.003, F.A.C.

(12) Flashing lights on shelters are prohibited. All lights must be placed or shielded so they do not interfere with motorists on the roadway. Lights are not permitted for the sole purpose of illuminating advertising.

(13) Sides and internal dividers in shelters shall be constructed in a manner to provide visibility of waiting passengers to passing traffic and pedestrians. All transparent materials will be shatterproof. No shelter shall be located in such a manner, or be constructed of such materials, so as to adversely affect sight distances at any intersection or obstruct the view of traffic signs or other traffic

Attachment D - Chapter 14-20 Private Use of Right of Way - Florida Administrative Rules to Scope of Work/Services to RFP No. 16-036/SC control devices.

(14) The maximum height of a shelter cannot exceed ten feet.

(15) Shelters must be securely attached to their foundations and must provide for a clear opening between the structure and the ground or foundation to facilitate cleaning and to preclude the accumulation of debris.

(16) Shelters shall be properly maintained as to aesthetics, function, and safety. If the Department finds any shelter in violation of any portion of this rule, except those determined to be a safety hazard, the Department will provide written notice of the violation to the appropriate city or county government, who shall correct the violation or remove the shelter within 30 days after receipt of the notice. If the Department finds any shelter to be a safety hazard, the Department shall provide notice to the appropriate city or local government, who shall take immediate steps to make the shelter safe or remove the shelter. If the condition or location of a shelter is not corrected in accordance with the Department’s notice, the Department will cause the shelter to be moved or removed and seek the cost of removal.

(17) Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration, or relocation of all, or any portion of a state road, any shelter and appurtenances thereto, authorized by this rule, shall be immediately removed from the right of way or shall be reset or relocated thereon as required by the Department, at the expense of the shelter owner. In the event the relocation of said shelters is scheduled to be done simultaneously with the Department’s construction work, the shelter owner shall coordinate with the Department before proceeding. The shelter owner shall cooperate with the Department’s contractor to arrange the sequence of work so as not to delay the work of the Department’s contractor and shall defend any legal claims of the Department’s contractor due to delays caused by the shelter owner’s failure to comply with the approved schedule. The shelter owner shall not be responsible for delays for reasons beyond the shelter owner’s reasonable control.

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 12-11-79, Amended 6-24-81, Formerly 14-20.03, Amended 12-26-90, 5-15-97, 7-16-98, 5-25-08.

14-20.0032 Placement of Benches.

The Department allows placement and maintenance of benches on the right of way of a state highway pursuant to written approval by the appropriate city or county government within whose jurisdiction the bench is to be located. All bus benches shall be subject to the following:

(1) Benches placed on the right of way shall not exceed 74 inches in length, 28 inches in depth, and 44 inches in height.

(2) Any bench placed on any part of a sidewalk shall leave at least three feet clearance for pedestrian traffic between the bench and the nearest edge of the road.

(3) Benches shall not be placed in the median of any divided highway or on limited access facilities.

(4) Unless otherwise herein provided, benches shall be placed only at recognized transit stops. However, only the minimum number of benches necessary to accommodate the comfort and convenience of the general public shall be erected or maintained.

(5) If the Department finds any bench in violation of any portion of this rule, except those determined to be a safety hazard, the

Department shall provide written notice of the violation to the owner of the bench, or the appropriate city or county government, who shall correct the violation or remove the bench within 30 days after receipt of the notice. If the Department finds any bench to be a safety hazard, the Department will provide notice to the owner of the bench, or the appropriate city or county government, who shall take immediate steps to make the bench safe or remove the bench. If the condition or location of a bench is not corrected in accordance with the Department’s notice, the Department will cause the bench to be moved or removed and seek the cost of removal.

(6) Commercial advertising shall be displayed upon a bench only on either the front or rear surface of the backrest area.

(7) Advertising displayed on a bench shall not be greater than 72 inches in length nor greater than 24 inches in height, and no advertising displayed upon a bench shall be of a reflectorized material.

(8) The bench location must meet the set back and minimum clear recovery zone requirements established in the Department’s

Design Standards Index Number 700, incorporated herein by reference. Copies of Index Number 700 are available at:

www.dot.state.fl.us/rddesign/ designstandards/standards.htm.

(9) Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient operation, alteration, or relocation of all, or any portion of a state road, any bench and appurtenances thereto, authorized by this rule, shall be immediately removed from said state road right of way or shall be reset or relocated thereon as required by the Department, at the expense of the bench owner. In the event the relocation of said benches is scheduled to be done simultaneously with the Department’s construction

Attachment D - Chapter 14-20 Private Use of Right of Way - Florida Administrative Rules http://www.dot.state.fl.us/rddesign/ work, the bench owner shall coordinate with the Department before proceeding. The bench owner shall cooperate with the Department’s contractor to arrange the sequence of work so as not to delay the work of the Department’s contractor and shall defend any legal claims of the Department’s contractor due to delays caused by the bench owner’s failure to comply with the approved schedule. The bench owner shall not be responsible for delays for reasons beyond the bench owner’s reasonable control.

Rulemaking Authority 334.044(2), 337.408(4) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 12-26-90, Amended 8-11- 92, 5-15-97, 7-16-98, 5-25-08.

14-20.0033 Competitive Public Bidding of Advertising.

Rulemaking Authority 334.044(2) FS. Law Implemented 337.407, 337.408, 479.04 FS. History–New 12-26-90, Repealed 5-25-08.

14-20.004 Public Transit Bus Stops.

(1) The operator of a transit bus system may designate a “Bus Stop” within the boundaries of the right of way of a state road.

(2) The location of a transit bus stop site on a state road right of way is dictated by the needs of the riding public and the route availability of the public transit system.

(3) The site selection and establishment of a transit bus stop shall provide the maximum safety to the users of the public transit system and vehicular and pedestrian traffic. If a transit bus stop is located at a site deemed to be unsafe by the Department, modification or removal shall be required by the Department and shall be at the expense of the transit bus system.

(4) The operator of a transit bus system shall indicate or mark the bus stop in accordance with the Manual on Uniform Traffic Control Devices, incorporated by reference under Rule 14-15.010, F.A.C.

(5) Transit bus stops are prohibited in medians.

(6) Signs shall not be installed where such signing interferes with the functions or visibility of existing traffic control devices.

(7) Transit bus stop signs may be attached to an existing sign support provided that there is no more than one other supplementary sign already in place.

(8) Transit bus stop signs shall be attached to supports meeting the location, height, and lateral placement requirements established in the Department’s Design Standards, Index Number 17302, incorporated herein by reference. Copies of Index Number 17302 are available at: www.dot.state.fl.us/rddesign/designstandards/standards.htm.

Rulemaking Authority 334.044(2) FS. Law Implemented 334.044(13), 335.02(1), 337.408 FS. History–New 10-6-82, Formerly 14-20.04, Amended 12-26-90, 5-15-97, 5-25-08.

14-20.010 General Use Permit.

(1) Purpose. This rule is adopted to authorize use of and to control the right of way on the State Highway System, for purposes not addressed by other rules of the Department, a lease agreement of state owned property entered into pursuant to Section 337.25(5), F.S., or other agreements.

(2) Definitions. All terms in this rule shall have the same meaning as defined in Section 334.03, F.S. Additionally, the following terms are defined as:

(a) “Applicant” means the person or entity requesting a General Use Permit.

(b) “Department” means the Florida Department of Transportation.

(c) “General Use Permit” means a temporary use of the right of way of the State Highway System authorized by the Department and not prohibited by, nor authorized and regulated by other local, state, or federal laws, rules, or regulations. General use permits do not authorize possessory, exclusive, or permanent use of the right of way. General use permits shall not create contractual rights on behalf of an applicant or permittee. General use permits are revocable at any time by the Department.

(d) “Governmental Entity” means as defined in Section 11.45, F.S.

(e) “Modification” means relocation or alteration or cessation of a permitted general use.

(3) Prior to filing an application, all applicants can request a pre-application meeting to review the proposed general use with

Department permits personnel. This review will be performed by the Department without a fee. The pre-application meeting is advisory only.

(4) General Criteria.

Attachment D - Chapter 14-20 Private Use of Right of Way - Florida Administrative Rules

(a) A complete application shall consist of a General Use Permit Application, Form 850-040-05, Rev. 05/08, completed by the applicant, with original signatures, and any site plans, drawings, or other information required by this rule. Form 850-040-05, Rev.

05/08, is hereby incorporated by reference and made a part of this rule. The form is available from any local Area Operations Center/Maintenance Office, District Maintenance Office, Turnpike Office or Department website:

www.dot.state.fl.us/proceduraldocuments. No use will be permitted which interferes with safety, operation, aesthetics, and maintenance of the State Highway System, utilities, or right of way.

(b) If the applicant desires to have a representative sign and submit the application, a notarized letter of authorization from the applicant designating the authorized representative shall be submitted with the application.

(c) If the applicant is an entity, the applicant shall furnish the name, title, address, telephone number, and other contact information if any, of the responsible officer or authorized agent.

(d) The application shall identify the location of the proposed activity, including the county, state road, section, and mile post numbers, and the location and type of existing utilities.

(e) The applicant shall provide a complete and detailed description of the proposed use and duration to be permitted.

(f) The applicant shall include all approvals and permits which are required by other governmental entities for the proposed use.

(g) An incomplete application will not be processed or considered for issuance of a general use permit. An application is incomplete until all completed forms and required information have been provided to the Department.

(5) Examples of situations where general use permits shall not be issued are the following:

(a) Permanent construction in the right of way.

(b) Traffic control devices or features.

(c) Permanent signs.

(d) Landscaping.

(e) Utilities.

(f) Parades or other events requiring temporary road closure.

(g) Bus benches or shelters, modular news racks, or waste receptacles.

(h) Connections to the State Highway System.

(i) Overhanging encroachments.

(j) Drainage connections.

(6) The issuance of a general use permit shall not restrict the Department’s right to take immediate action authorized under

Section 120.60(6), F.S.

Rulemaking Authority 334.044(2), 337.405, 337.406 FS. Law Implemented 334.03, 334.044(13), (28), 334.187, 335.02(1), 337.405, 337.406 FS.

History‒New 5-25-08.

Attachment D - Chapter 14-20 Private Use of Right of Way - Florida Administrative Rules to Scope of Work/Services to RFP No. 16-036/SC http://www.dot.state.fl.us/procedura