To provide requirements for landscape projects on Department property and application process for beautification grants. To eliminate references to the Highway Beautification Council as the council was eliminated by Ch. 2017-42, Laws of Florida.

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-40.003Highway Landscape Projects

14-40.020Grant Application Process

14-40.023Funding, Construction, and Maintenance of Beautification Projects

PURPOSE AND EFFECT: To provide requirements for landscape projects on Department property and application process for beautification grants. To eliminate references to the Highway Beautification Council as the council was eliminated by Ch. 2017-42, Laws of Florida.

SUMMARY: Clarifies requirements for landscape plans for projects to be installed and maintained in Department right-of-way. Provides application and award process for beautification grants.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Landscape projects are not required, but may be permitted at the request of an applicant. No application or permit fee is required. Beautification grants do not require an application fee or matching funds.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 334.044(2), 337.2505, 337.405, 339.2405, F.S.

LAW IMPLEMENTED: 334.044(26), 335.167, 337.2505, 337.405, 339.24, 339.2405, 479.106, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, 605 Suwannee Street, Tallahassee, Fl 32399. [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-40.003 Highway Landscape Projects.

(1) No change.

(2) Definitions.

(a) through (b) No change.

(c) “Highway Landscape Project” means any planned or actual landscape or landscaping on Department right-of-way, including construction or installation, planning, beautification, and maintenance thereof, by a local government entity, non-governmental entity, or abutting private property owner.

(d) “Landscape” or “Landscaping” means any vegetation, mulches, irrigation systems, and any site amenities other landscape components, such as, street furniture, decorative  specialty paving, tree gates, walls, planters, fountains, fences, and lighting (excluding public utility street and area lighting).

(e) No change.

(f) “Non Governmental Entity” means any person or organization, other than a governmental entity, who seeks approval of a highway landscape project.

(g) through (h) No change.

(3) Approval Criteria.

(a) Approval is based on review of a complete set of landscape plans. The District Landscape Architect can be consulted during preparation of landscape plans. The following plan preparation guidelines must be used:

1. No change.

2. Plans must be drawn to scale, exhibiting an accurate and legibility representation of existing conditions (above and below ground), and all proposed work. Plans must show all dimensions necessary to demonstrate compliance with this rule. If there is a baseline survey or centerline of construction, station points are to must be used for linear landscape projects. For interchange and non-linear projects, such as ponds, plazas and rest areas, dimensioning can be from a fixed point or station point. If there is no baseline survey or centerline, dimensioning must be from a fixed point.  All dimensions must be noted in English system measurements (inches, feet, yards, miles, etc.). Plans must be plotted to scale on 11'' ˟ 17'' multipurpose paper. Scale shall be such that clarity and ligibility are preserved. Plans must contain a graphic scale and north arrow with standard orientation on each plan sheet, and reference the state road number, section number, milepost, and local street names. Plans must also include curbs, edge of pavement, edge of travel lanes, guardrails, right-of-way fence and/or right-of-way lines, sidewalks, intersections, median breaks, driveways, bike lanes, transit facilities, surveying monuments, signs, view zones of permitted outdoor advertising signs, lighting, traffic signals, other traffic control devices, drainage features, limits of clear sight, set backs and clear zone limits, existing off site features and conditions which affect or are affected by the project, easements, above and below ground utilities, and all existing vegetation. Details and text must be large enough to be legible on all plan sheets.

3. through 7. No change.

8. A comprehensive maintenance plan must accompany the plans. The intent of design elements, such as to screen a view, maintain a clear sight distance, or assist with water retention, must be included in a description of the project, accompanied by a written or graphic guide describing the performance requirements of the entity responsible for maintaining the project. The maintenance plan must include requirements necessary to maintain and manage sight distance, horizontal and vertical clearance, accessibility, plant health, form, height and spread, mulch thickness and cover, edges, weeds and litter, irrigation system(s), hardscape, lighting, benches, and site amenities landscape components, and any other requirements necessary for the design intent to be fulfilled achieved. The maintenance plan must include a work zone traffic control plan, and define the limits of the mowing and litter control that will be performed as part of the landscape project. When the landscape project is to be maintained by the Department, a maintenance cost estimate based on anticipated maintenance activities must be an attachment to the plans.

9. No change.

(b) No planting or installation of vegetation or other landscape components material for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right-of-way which screens or which, when mature, will screen an outdoor advertising sign permitted under Chapter 479, F.S. This prohibition also applies to outdoor advertising signs on the state highway system, located within urban areas incorporated municipalities and not required to obtain a Department permit pursuant to Section 479.07(1), F.S. This prohibition applies to all landscape, construction, and beautification projects on Department right-of-way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project is approved when it is specifically identified in the Department’s five year work program, is a permitted landscape project, is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government.

1. Screening is prohibited within an established view zone. The District Landscape Architect can verify the location of view zones within the project limits.

2. When a landscape project is proposed within 1,000 feet approaching a legally erected and permitted outdoor advertising signs  sign the person preparing the landscape plan designer of record will notify the sign permittee in writing at the address provided in accordance with rule subsection 14-10.011(2), F.A.C..

(c) through (g) No change.

(4) Government Approvals. If the proposed highway landscape project is to be located on an Interstate Highway facility, Federal Highway Administration (FHWA) review is required. Approval pursuant to this Part does not relieve the local governmental entity, non-governmental entity, or abutting private property owner of local or other jurisdictional requirements.

(5)(4) Installation and Maintenance.

(a) All landscape installation or maintenance activities performed by a local governmental entity, non-governmental entity, or abutting private property owner on the Department’s right-of-way must be performed in conformity with approved landscape plans.

(b) If a landscape project is proposed for a median or grassed area which is maintained pursuant to an agreement between the Department and a local governmental entity, and the agreement obligates the local governmental entity to maintain the median or grassed area in accordance with an approved maintenance plan, the agreement will be applied to the maintenance of the landscape project. If the Department has previously agreed to provide funds for such maintenance, no increased compensation will be provided by the Department for maintenance of the landscape project.

(6) (5) As-built plans, or a summary of changes are required for all landscape projects, and must be submitted to the District Office within 30 days of the project completion.

(7) (6) Donation of Landscape Projects. The Department will accept donations of plants, materials, installation, and maintenance for landscape projects on the State Highway System that meet the requirements of this rule. The donated landscape projects must substantially improve the appearance or manageability of the median or roadside. An agreement must be on file with the Department before installation of plants, materials, or signs. The agreement must stipulate that the sign and the landscape project may be removed by the Department for failure to meet the requirements of this rule chapter or the agreement.

(a) No change.

(b) Interstate Highways: The sign acknowledging donation of landscape projects on the Interstate Highway System will be provided by the Department. The text will state “Landscape by” and the name of the contributor. This sign will be similar to the Adopt-a-Highway Program sign used by the Department, except that the word “landscaping” will be substituted for the words “litter control” and the colors will be green lettering on white background. The signs shall be installed and maintained by the Department.

(c) Arterial Highways: The approved sign acknowledging donation of landscape projects on design for arterial highways is depicted in Figure 1 The rectangular sign panel will be rectangular and no larger than 18 inches tall and 24 inches wide. Recommended text sizes and message are shown in Figure 1. The text shall state only “Landscape by” and the name of the contributor. The sign must be mounted on break away posts. The top of signs will be a maximum of no more than 2 feet above grade. Installation of signs is contingent upon an agreement with the appropriate local governmental entity. The approved sign panel(s) must be provided and replaced by the local governmental entity. Signs will be placed according to the approved landscape plan.

[Diagram removed]

Rulemaking Authority 334.044(2), 337.2505, 337.405 FS. Law Implemented 334.044(26), 335.167, 337.2505, 337.405, 339.24, 479.106 FS. History–New 9-22-92, Amended 1-19-99, 4-2-02, 5-22-05, 2-8-06, 12-24-08, 12-2-15, ______________.

 

14-40.020 Beautification Grant Application and Award Process.

(1) Purpose. The Department may provide grant assistance for highway beautification projects in accordance with Section 339.2405, F.S., to a local governmental entity or a local highway beautification council.

(2) Definitions.

(a) “Agreement” means the contract between the Applicant and the Department setting forth the terms of the grant.

(b) “Applicant” means a local governmental entity, as defined in Section 11.45(1), F.S., or a local highway beautification council as established in accordance with Section 339.2405(9), F.S.

(c) “Council” means the Florida Highway Beautification Council.

(c)(d) “Department” means the Florida Department of Transportation.

(d)(e) “Grant” means funds provided by the Department to Applicants, pursuant to this rule chapter.

(e)(f) “Grant Application” means the Florida Highway Beautification Council Grant Application, Form 650-050-10, Part 1 and Part II, Rev. 6/17 5/15, incorporated herein by reference at _______________ https://www.flrules.org/Gateway/reference.asp?No=Ref-06102 and available on the Department’s website at https://fms.fdot.gov.

www.dot.state.fl.us/projectmanagmentoffice/highwaybeautification.

(f)(g) “Grant Coordinator” means the Department District employee responsible for the Beautification Council grant program.

(g)(h) “Highway Beautification Project” means landscapes landscaping intended to enhance the attractiveness of facilities roads on the State Transportation Highway System. Landscapes are Landscaping is to be installed on state highway right-of-way and may include property owned by a local governmental entity that abuts Department right-of-way, if the property is visible to the state highway system.

(3) Grant Application.

(a) Applicants must submit a grant application to the Grant Coordinator having jurisdiction over the state transportation right-of-way highway on which the beautification project is proposed. Grant applications must be accompanied by the following supporting documents: location map, photographs of existing conditions, one page written project narrative, written or graphic conceptual plan (in accordance with Rule 14-40.003, F.A.C.), one paragraph descriptions of each evaluation attribute, photographs or sketches of examples of proposed improvements, list of proposed plant species (scientific and botanical names) and anticipated quantities, anticipated maintenance schedule, proposed means of providing supplemental water, project schedule, and resolutions required in paragraph (3)(e) below.

(b) No change.

(c) Applicants are to submit applications online.  Applicants must contact the Grant Coordinator at least a week before the October 1 deadline for submission to gain access to the on-line system.     For the Council to consider a grant application, ten paper copies, and one electronic file copy of the completed grant application and supporting documents must be received by the Grant Coordinator by October 1.

(d) Applicants may submit an unlimited number of grant applications, for any number of project sites. The Grant Coordinator will note on the application if the applicant previously received Council grants and if previous projects were maintained in accordance with the terms of prior agreements.

(e) No change.

(f) Applicants are encouraged to either identify themselves as supporting a Rural Economic Development Initiative (REDI) community under s. 288.056, F.S. or indicate that the project is to submit grant applications for highway beautification projects supported with equal (50 percent) matching funds or in kind contributions from other sources. Design fees up to 10 percent of the grant amount may be considered towards the applicant’s match.

(g) For a beautification grant application to be eligible, the application must be accompanied by a letter of authorization from the appropriate Department District verifying that the proposed landscape project will not be in conflict with the Department’s five year work program or other Department program or activity.   To request a letter of authorization, contact the appropriate Department District Landscape Architect on or before August 1 and provide precise location and written conceptual description of the proposed project. 

(h) The Department will evaluate grant applications based on the following attributes: aesthetic value, cost effectiveness, feasibility of installation and maintenance, compliance with state and federal regulations, litter prevention, level of local support, context appropriateness, low maintenance, level of impact, and plant palette.

(i) The Department Landscape Architect with input from the Districts, will provide the Department Secretary with a list of prioritized grant applications, with recommended funding levels, and conditions for grant awards.

Rulemaking Authority 339.2405 FS. Law Implemented 339.24, 339.2405 FS. History–New 1-19-99, Amended 11-22-01, 3-20-03, 8-10-03, 12-23-03, 2-8-06, 12-24-08, 12-2-15,______________.

 

14-40.023 Funding, Construction, and Maintenance of Beautification Projects.

(1) Award of Grants.

(a) The Secretary will award grants in the order they appear on the Council’s prioritized list and in accordance with available funding. Each grant will be limited to a maximum of 10% of the total Department’s beautification grants budget.

(b) Official notice of each grant award will be made by the Department by email certified mail to the applicant named in the grant application.

(c) To accept a grant, an applicant must send a letter of acceptance by email certified mail to the Grant Coordinator within 15 days from the date of receipt of the offer of the award.

(d) through (e) No change.

(2) No change.

Rulemaking Authority 339.2405 FS. Law Implemented 339.24, 339.2405 FS. History–New 3-20-03, Amended 8-10-03, 12-24-08,_____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Caster, State Transportation Landscape Architect.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Dew, Secretary.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 06, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2017