14-43.001: Regulation of Overhanging Encroachments
PURPOSE AND EFFECT: Rule 14-43.001, F.A.C., is being amended to define the term and requirements for official markers, as well as to incorporate a new application form.
SUBJECT AREA TO BE ADDRESSED: The criteria for official markers are addressed.
SPECIFIC AUTHORITY: 334.044(2), 337.407 FS.
LAW IMPLEMENTED: 337.406, 337.407, 479.01, 479.16 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: January 18, 2011, 9:00 a.m.
PLACE: Department of Transportation, Haydon Burns Building, Auditorium, 605 Suwannee Street, Tallahassee, Florida 32399-0458
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
14-43.001 Regulation of Overhanging Encroachments.
(1) Definitions.
(a) Applicant means any person or entity, including a local governmental entity, seeking permission for an overhanging encroachment.
(b) Banner means a length or sheet of cloth, fabric, plastic, or other flexible material bearing a message which may be either of the following:
1. Pole Banner, which is located adjacent to the travel lanes of the roadway and is attached to a single existing permanent support.
2. Street Banner, which extends over the travel lanes of the roadway and is attached to two or more existing permanent supports.
(c) Canopy means a permanent or semi-permanent, on-premise roof-like projection partially extending over the right of way.
(d) Department means the State of Florida Department of Transportation.
(e) Local Governmental Entity means as provided in Section 334.03(14) F.S.
(f) Official Marker means a Pole Banner identifying specific areas, such as historic, banking, or entertainment districts.
(g)(f) Overhanging Encroachment means a sign, canopy, or banner, or official marker, as these terms are herein defined, which is placed along and over any state roads which are within municipalities, or which are of curb and gutter construction outside municipalities.
(h)(g) Sign means as provided in Section 479.01(17), F.S.
(2) Overhanging encroachments are prohibited on limited access facilities, including the Interstate System. Overhanging encroachments are subject to the following conditions on non limited access facilities:
(a) No new supports may be located within state right of way.
(b) Must be allowed by the local governmental entity within whose jurisdictional boundaries the banners are to be placed.
(c) Must be adjusted or removed at the owners expense if the overhanging encroachment interferes with Department construction.
(d) Shall May not obstruct the view of any traffic signal, traffic device, or official sign, nor in any way interfere with motorists ability to safely operate vehicles.
(e) Must comply with the setback or clearance requirements set forth in paragraphs (3)(a) and (3)(b) (2)(h) and (2)(i) below. Overhanging encroachment must be adjusted within 36 hours of notification to meet setback or clearance requirements, and, upon failure of the owner to make such adjustment, it will be removed by the Department. If the overhanging encroachment presents a safety hazard, the Department will remove it and notify the owner of the removal.
(f) May not be erected or maintained in a manner which interferes with the Departments maintenance, operation, or other use of a transportation facility.
(g) Upon removal by the Department, the owner may reclaim it within 30 calendar days from the date of removal, upon payment of any costs incurred by the Department in removing the overhanging encroachment.
(h) Shall not contain changeable message technology.
(i) Shall be maintained in like new condition. Failure to properly maintain the encroachment shall cause the permit to be revoked after a ten (10) day notice from the Department.
(j) If the overhanging encroachment presents a safety hazard, the Department will remove it and notify the owner of the removal.
(3)(h) Signs and canopies which meet the criteria of Section 479.16(1), F.S. Florida Statutes, may only be placed along and over any roads within corporate limits of a municipality, or outside municipalities where curb and gutter construction exists in compliance with the following conditions:
(a)1. Where curb and gutter construction exists, the entire structure, including attachments and supports, must clear the sidewalk vertically by at least nine feet; the outside edge of the structure must be at least two feet behind a vertical line extending upward from the face of the curb; and the entire structure must comply with the Departments horizontal clearance requirements set forth in the Roadside Offsets standard of the Departments Design Standards, incorporated herein by reference, and available at: www.dot.state.fl.us/officeofdesign clear zone requirements set forth in Table 2.11.9 Clear Zone Widths and Table 2.11.10 Clear Zone Widths for Curved Alignments on Highways With Flush Shoulders (January 2000, Revised 1/01), incorporated herein by reference. Copies of these tables are available from the Departments Maintenance Office, 605 Suwannee Street, MS 52, Tallahassee, Florida 32399-0450.
(b)2. Within municipalities where there is not curb and gutter construction, the entire structure, including attachments and supports, may not extend more than six feet over the right of way; may not extend closer than 12 feet from the edge of the driving lane; must have a vertical clearance of at least 10 feet; and the entire structure must comply with the Departments horizontal clearance requirements set forth in the Roadside Offsets standard of the Departments Design Standards clear zone requirements as set forth in Table 2.11.9 Clear Zone Widths and Table 2.11.10 Clear Zone Widths for Curved Alignments on Highways with Flush Shoulders (January 2000, Revised 1/01), incorporated herein by reference. Copies of these tables are available from the Departments Maintenance Office, 605 Suwannee Street, MS 52, Tallahassee, Florida 32399-0450.
(c)3. The design of canopies or signs, as to bracing and attachments to buildings, shall be approved for safety features by the appropriate official of the local governmental entity within whose jurisdictional boundaries the banners are placed.
(d)4. No canopy or sign shall be erected away from the site of the business which it promotes.
(e)5. Lighting of signs and canopies shall conform to the requirements of Section 479.11(5), F.S. Florida Statutes.
(4)(i) Banners may be placed along and over any non limited access state roads which are within municipalities, or which are of curb and gutter construction outside municipalities subject to the following conditions:
(a)1. There must be written authorization for the placement of banners from the local governmental entity within whose jurisdictional boundaries the banners are to be placed.
(b)2. Banners may be displayed for a period not to exceed 30 consecutive calendar days and may not be within 180 days of the last day of its most recent display period, except as otherwise provided herein.
(c)3. Placement of banners on frangible light standards or other frangible devices will require a load rating analysis, signed and sealed by a registered professional engineer, certifying that the specific light standards or devices used to support the banners will handle the additional load placed on the structures by the banner and attachments, and will not exceed the wind loading design requirements of the structure. Copies of load rating analyses previously submitted are acceptable for subsequent applications when specifications are the same.
(d)4. Banners shall may not be placed within 500 feet of a limited access interchange.
(e)5. Banners are not permitted where a Department construction project is planned or ongoing during the requested display period.
(f)6. Street banners may be displayed for routinely recurring events, e.g., events occurring monthly or quarterly, unless otherwise provided in this rule, provided the banner is displayed for no more than three consecutive days per month, for 12 months.
(g)7. Street banners must be:
1.a. Placed a minimum of 1,000 feet apart on the right of way of non limited access roadways; and
2.b. At its lowest point vertically clear the pavement by at least 18 feet.
(h)8. Pole banners must be:
1.a. Placed a minimum of 1,000 feet apart on the same side of the travel lane on non limited access facilities outside the corporate limits of a municipality;
2.b. At its lowest point at least 14 1/2 feet above the pavement elevation;
3.c. Attached to a light standard or other such device which is permanently located in the right of way.
(i)9. Pole banners may not be attached to any utility pole.
(j)10. Any object or device other than a banner, whether characterized as an ornament, decoration, display, or by other descriptive term, which is to be attached to a single existing permanent support must meet the requirements of this rule for pole banners.
(k) Official markers shall not be used to advertise an individual off-site business or shopping center.
(5) Official markers shall comply with all pole banner requirements except for sub-subparagraph (2)(i)8.a. Additionally, the following shall apply:
(a) Official markers must be identical and may only be displayed within the identified area, with no more than one official marker per city block.
(b) All official markers shall display the same legend or lettering identifying the area, however, individual sponsorship may be displayed beneath the legend provided the name or business logo of the sponsor is no greater than 25% of the total display.
(c) The sponsorship portion of the official marker may only contain the name and/or logo of the sponsor. No additional information may be displayed, including:
1. Telephone number;
2. Address;
3. Distance to a business;
4. Direction to a business;
(d) Official markers must be made of flexible material.
(e) Permits are issued for up to 12 months, and may be renewed at the end of the permit term.
(f) The applicant shall be responsible for all costs, including installation and removal, of the official markers.
(6)(3) Applications for a sign or canopy must be made in writing to the appropriate District Maintenance Office and shall include:
(a) The name and address of the applicant.
(b) A drawing of the sign or canopy, drawn to scale, including any message, logo, or emblem.
(c) A sketch of the specific location of the sign or canopy, including height, location of supports, proximity to utility poles, and the identification of the state highway where the sign or canopy will be located.
(d) Sketches or specific descriptions of the method to be used to affix the sign or canopy to the support structure(s).
(e) Proof of compliance with resolutions of the local governmental entity within whose jurisdictional boundaries the banners are to be placed.
(7)(4) Applications for banners shall be made no later than 30 days and no earlier than 365 days prior to the requested installation date. The application for banners shall be on Application to Place Banners on Non Limited Access State Right of Way, DOT Form 575-070-18, Rev. 08/08, incorporated herein by reference. Copies of DOT Form 575-070-18 are available from the State Maintenance Engineer or any District Maintenance Engineer.
(8) The application for official markers shall be on Application to Place Official Markers on Non-Limited Access State Right of Way, FDOT Form 575-070-xx, Rev. 10/10, incorporated herein by reference. Copies of DOT Form 575-070-xx are available from the State Maintenance Engineer or any District Maintenance Engineer.
Rulemaking Specific Authority 334.044(2), 337.407 FS. Law Implemented 337.406, 337.407, 479.01, 479.16, 768.28 FS. History Amended 3-21-64, 5-9-70, 7-9-75, Formerly 14-43.01, Amended 8-3-99, 8-2-01, 5-30-05, 2-18-09,_________.
