14-43.001: Regulation of Overhanging Encroachments
PURPOSE AND EFFECT: Rule 14-43.001, F.A.C., is amended and a revised application form is being incorporated by reference.
SUBJECT AREA TO BE ADDRESSED: Rule 14-43.001, F.A.C., is being amended, including incorporating a revised application form.
SPECIFIC AUTHORITY: 334.044(2), 337.407 FS.
LAW IMPLEMENTED: 337.406, 337.407, 479.01, 479.16, 768.28 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, 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, means a banner which is located adjacent to the travel lanes of the roadway and is attached to a single existing permanent support.
2. Street Banner, means a 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 encroachment or projection partially extending over the right of way.
(d) Department@ means the State of Florida Department of Transportation.
(e) Local Governmental Entity means has the same meaning as provided in Section 334.03(14) 11.45(1)(d), F.S.
(f) Overhanging Encroachment means for purposes of this rule includes a sign, canopy, or banner, 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.
(g) Sign means has the same meaning as provided in Section 479.01(17), F.S.
(2) Overhanging encroachments are prohibited on limited access facilities, including the Interstate System., Overhanging encroachments and are subject to the following conditions on non limited access facilities:
(a) No new supports may be located within state right of way.
(b) Any overhanging encroachment Mmust be allowed by the affected 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 Any overhanging encroachment which interferes with Department construction must be adjusted or removed at the owners expense.
(d) Overhanging encroachments Mmay not obstruct the view of any traffic signal, traffic device, or official sign, nor in any way interfere with motorists ability to safely operate their vehicles.
(e) Overhanging encroachments Mmust comply with the setback or clearance requirements set forth in paragraphs (2)(h) (3) and (2)(i) (4) below. The Department will notify the owner that the Ooverhanging 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 shall be removed by the Department. If the overhanging encroachment presents a safety hazard, the Department will shall remove it and notify the owner of the removal.
(f) No overhanging encroachment Mmay be erected or maintained in a manner which would interferes with the Departments maintenance, operation, or other use of a transportation facility.
(g) Upon removal When an overhanging encroachment must be removed 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)(3) Signs and Canopies. Signs and canopies are prohibited along and over limited access facilities, including the Interstate System. Signs and canopies which meet the criteria of Section 479.16(1), F.S., may only be placed along and over any other roads within corporate limits of a municipality, or outside municipalities where curb and gutter construction exists in compliance with the following conditions:
1.(a) 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 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.
2.(b) Within municipalities where there is not no 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 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, referenced in(a) above. Copies of these tables are available from the Departments Maintenance Office, 605 Suwannee Street, MS 52, Tallahassee, Florida 32399-0450.
3. (c) The design of said 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 affected.
4.(d) No canopy or sign shall be erected away from the site of the business which it promotes.
5.(e) Lighting of signs and canopies shall conform to the requirements of Section 479.11(5), F.S.
(i)(4) Banners. 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:
1.(a) There must be wWritten authorization for the placement of banners from the local governmental entity within whose jurisdictional boundaries the banners are to be placed must be provided.
2.(b) Banners may will be displayed allowed for a period not to exceed 30 consecutive calendar days and may. Banners will not be allowed to be displayed within 180 days of the last day of its most recent display period.
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.
4. Banners may not be placed within 500 feet of a limited access interchange.
5. Banners are not permitted where a Department construction project is planned or ongoing during the requested display period.
6.(c) Street banners may be displayed are allowed 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.
7. Street banners must be:
a. Placed a minimum of 1,000 feet apart on the right of way of non limited access roadways; and
b. At its lowest point vertically clear the pavement by at least 18 feet.
8.(d) Pole banners must be:
a. Pplaced 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;.
b.1. At its The lowest point of the banner must be at least 14 1/2 feet above the pavement elevation;
c.2. A pole banner must be Aattached to a light standard or other such device which is permanently located in the right of way.
9. Pole bBanners may not be attached to any utility pole.
(e) 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 all specifications are the same.
(f) Banners may not be placed within 500 feet of a limited access interchange.
(g) Street banners may only be placed on the right of way of non limited access roadways and must vertically clear the pavement by at least 18 feet. Street banners must be a minimum of 1,000 feet apart.
10.(5) 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.
(3)(6) Applications for a sign or canopy an overhanging encroachment must be made in writing to the appropriate District Maintenance Office and shall include:.
(a) Applications for overhanging signs and canopies shall include:
(a)1. The name and address of the applicant.
(b)2. A drawing of the sign or canopy, drawn to scale, including any message, logo, or emblem.
(c)3. 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)4. Sketches or specific descriptions of the method to be used to affix the sign or canopy to the support structure(s).
(e)5. Proof of compliance with resolutions of the any applicable local governmental entity within whose jurisdictional boundaries the banners are to be placed regulations.
(4)(b) 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 shall be on Application to Place Banners on Non Limited Access Right of Way, DOT Form 575-070-18, Rev. 08/08 03/05, incorporated herein by reference. Copies of DOT Form 575-070-18 are available from the State Maintenance Engineer or any District Maintenance Engineer. The application shall include:
1. The name, address, and telephone number of the applicant. Additionally, the name of the contact person must be supplied.
2. A drawing of the banner(s), drawn to scale, including any message, logo, or emblem.
3. A sketch of the specific location of the banner(s), including height, location of supports, proximity to utility poles, and the identification of the state highway where the banner(s) will be located.
4. Sketches, photographs, or specific descriptions of the method to be used to affix the banner(s) to the support structure(s).
5. The beginning and ending dates of the display period requested.
6. Proof of compliance with the requirements of subsection (4)(c) and any local governmental regulations.
7. Written authorization from the local governmental entity granting permission to the applicant for the installation of the banners. No banner shall be allowed when the local governmental entity has an ordinance prohibiting its installation.
8. When the roadway requested for banner installation is under the ownership of an Expressway Authority, written authorization from the affected Expressway Authority granting permission to the applicant for the installation of the banners must be provided.
9. A load rating analysis by a registered professional engineer. See (4)(e), above.
(c) Banners will not be allowed where a Department construction project is planned or ongoing during the requested display period.
(d) The applicant shall agree as follows:
1. To the extent provided by law, the applicant shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by an applicant, its agents, or employees arising from activities associated herewith.
2. When the Department receives a notice of claim for damages that may have been caused by the applicant in the performance of activities hereunder, the Department will immediately forward the claim to applicant. The applicant and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the applicant in the defense of the claim or to require that the applicants defend the Department in such claim as described in this section. The Departments failure to promptly notify the applicant of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the applicant. The applicant shall bear all expenses of the Department in defense of the claim.
(e) If the application is denied, the Department shall provide a Notice of Administrative Hearing Rights to the applicant.
(7) Failure to comply with the provisions of this rule shall result in the issuance of a Notice of Intent to Deny the Application or a Notice of Noncompliance, which shall include a Notice of Administrative Hearing Rights.
(8) Provision of any notice, denial, revocation, or Notice of Administrative Hearing Rights by the Department under this rule shall not constitute or create entitlement to an administrative hearing where such right does not otherwise exist.
Specific Authority 334.044(2), 337.407 FS. Law Implemented 337.406, 337.407, 479.01, 479.16, 768.28 FS. HistoryAmended 3-21-64, 5-9-70, 7-9-75, Formerly 14-43.01, Amended 8-3-99, 8-2-01, 5-30-05,_________.
