File No. 33311
This rule was published in the February 1, 2010, issue (Vol. 2010, No. 3) of the Utah State Bulletin.
Transportation, Preconstruction, Right-of-Way Acquisition
Rule R933-4
Bus Shelters and Bus Benches
Notice of Proposed Rule
(Repeal)
DAR File No.: 33311
Filed: 01/11/2010 03:53:33 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The Department seeks to repeal the rule because it conflicts with Subsection 72-3-109(1)(c)(i) which assigns responsibility for items located in road right-of-ways outside the back of the curb to municipalities.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 72-3-109(1)(c)(i)
Anticipated cost or savings to:
the state budget:
The repeal has no direct cost or savings to the state because it is not currently being enforced.
local governments:
The repeal has no cost or savings to local government because it does not change their statutory authorty to regulate bus shelters and bus benches.
small businesses:
The repeal has no cost or savings to small businesses because it is not currently being enforced.
persons other than small businesses, businesses, or local governmental entities:
The repeal has no cost or savings to persons other than small businesses, businesses, or local government entities because it is not currently being enforced and does not change the current statutory authority of municipalities to regulate bus shelters and bus benches.
Compliance costs for affected persons:
Repeal of the rule has no cost to affected persons because it is not currently being enforced and does not change the current statutory authority of municipalities to regulate bus shelters and bus benches.
Comments by the department head on the fiscal impact the rule may have on businesses:
Repeal of the rule will have no fiscal impact on businesses because it is not currently being enforced and does not change the current statutory authority of municipalities to regulate bus shelters and bus benches.
John Njord, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
TransportationPreconstruction, Right-of-Way Acquisition
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998
Direct questions regarding this rule to:
- Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
03/03/2010
This rule may become effective on:
03/10/2010
Authorized by:
John Njord, Executive Director
RULE TEXT
R933. Transportation, Preconstruction, Right-of-Way Acquisition.
[R933-4. Bus Shelters and Bus Benches.
R933-4-1. Authority.
The provisions of this rule are authorized under Sections
72-7-102 through 72-7-104.
R933-4-2. Definitions.
(1) "ADA" means the Americans with Disabilities
Act.
(2) "Advertisement or advertising" means a printed
or painted sign encouraging or promoting the purchase or use of
goods or services, but does not include campaign posters or signs
or other signs or advertisements prohibited by law, including
these rules.
(3) "Bus Benches" means any type of bench that is
located at a designated bus stop accepted as such by the Utah
Department of Transportation, used to aid in the loading and
unloading of passengers for the convenience of passengers of
public transportation systems.
(4) "Bus shelter" means a shelter located at a
designated bus stop accepted as such by the Utah Department of
Transportation, used to aid in the loading and unloading of
passengers for the convenience of passengers of public
transportation systems.
(5) "Clear Zone" as defined under "AASHTO
Roadside Design Guide".
(6) "UDOT" means Utah Department of
Transportation.
R933-4-3. Purpose.
The purpose of this rule is to authorize bus shelters and
bus benches at officially recognized bus stops accepted as such
by UDOT and within the limits of these rules, on UDOT
rights-of-way and for the benefit of the public, also allowing
certain specified incidental advertising benefits to the provider
of the bus shelter or bench.
R933-4-4. Permitting and Conditions for Valid
Permits.
Bus shelters or benches, including those on which commercial
advertisements are placed, may be erected and maintained on the
state rights-of-way of public roads subject to the following
conditions and requirements:
(1) Any person wishing to erect and maintain a bus shelter
or bench on the state right-of-way of a public road shall apply
to UDOT for a license. As a condition of the issuance of the
license, UDOT must approve the bus shelter building or bench
plans and the location of the bus shelter or bench on the
right-of-way, provided, however, that such approval is subject to
any and all restrictions imposed by Title 23 United States Code
and 23 CFR relating to the federal-aid system and the Utah
Outdoor Advertising Act and Rules, except as specifically
otherwise provided herein. The initial license fee is $200 for a
five-year period. Licenses are renewable thereafter, at a cost of
$25 per year for a five-year period.
(2) If the bus shelter or bench is to be located on a
street, road, or right-of-way of a county or municipality, the
respective county or municipality also must approve the erection
and maintenance of the bus shelter or bench, and for that
purpose, a copy of the application to the respective county or
municipality and permit shall be provided to UDOT as part of the
application for a license.
(3) An applicant to UDOT for a license hereunder shall
include as part of the application a written statement signed by
each owner of property abutting the proposed bus shelter or bench
site who is required to be notified under subsection (11) of this
section, acknowledging receipt of the notice and opportunity to
comment provided for under that subsection, or copy of the notice
together with a receipt evidencing the notice was sent to such
owner by certified mail together with a declaration under oath
affirming that a bone fide attempt to obtain the signed written
statement was made.
(4) A copy of the application for a bus shelter or bench
license shall be provided also to any public transit agency or
authority providing the public transportation of persons to be
served by the bus shelter or bench, for all bus shelters or
benches on routes of that agency or authority for its approval or
rejection of proposed locations. The sequence of applications
shall be first, the transit agency or authority; second, the
municipality; and third, the state.
(5) As a condition of issuing a license for the erection of
a bus shelter or bench on the state right-of-way of a public
road, UDOT shall require that the bus shelter or bench will be
properly maintained and that its location will meet minimum
setback requirements as follows:
(a) Where a curb and gutter are present, there shall be a
minimum of four feet clearance from the face of the curb to any
portion of the bus shelter or bench;
(b) Where no curb or gutter is present, the front of the bus
shelter or bench shall be at least ten feet from the edge of the
main traveled roadway located outside of the clear zone;
(c) UDOT may provide a schedule of other safety requirements
consistent with law.
(6) A map of the municipality or county, or both, showing
the proposed bus shelter or bench locations shall accompany the
application.
(7) A plan shall be prepared for each bus shelter or bench
location. The plan should be drawn to an approximate scale and
the scale indicated on the sketch plan. The plan, as a minimum,
shall include a written description of the location and the
assigned shelter or bench number. The shelter or bench position
shall be shown on the plan with dimensions shown from the closest
edge of the shelter or bench to roadway or curb, plus dimensions
to the nearest intersecting street. The road characteristics
shall be shown on the plan. Other pertinent existing features
such as sidewalks, utility poles, large trees, and signs shall be
shown as necessary. The existing right-of-way line shall be shown
when available and if required.
(8) Each applicant must provide a performance bond, letter
of escrow, or other satisfactory security to assure that the
authorized work is accomplished in accordance with the approved
permit. Any letter of escrow or other satisfactory security must
be from a bank which is located in Utah. A bond may be
underwritten by a surety company located outside Utah if it is
countersigned by a Utah resident agent of that surety company.
This security must be described on the appropriate UDOT form and
the amount will be based on the number of shelters or benches
being licensed, the amount per shelter or bench to be $500.
The bond will be released only after all work has been
satisfactorily completed for all bus shelter or bench locations
covered under the license. The applicant shall notify the
appropriate UDOT Region Permit Office when all work is completed
for the shelter or bench installations covered by the license. If
all work on the right-of-way has been completed as per license
requirements, the UDOT permit officer will perform a final
inspection. The bond shall be held during the life of the shelter
or bench to secure compliance with this rule.
(9) Notwithstanding any other provision of law that may be
less restrictive, no bus shelter or bench may be erected and
maintained less than 150 feet from another bus shelter or
off-premise outdoor advertising sign.
(10) A bus shelter less than 20 feet long may have
advertising only on one end of the shelter, on which end an
advertising face may be placed on both sides. If a bus shelter of
20 feet or longer is approved by the department, which in the
interest of the traveling public it may choose to approve, the
shelter may have advertising on both ends, on each of which an
advertising face may be placed on both sides. Each advertising
face, regardless of the length of the shelter, is limited to no
more than 72 inches by 60 inches, with no more than one
advertisement per face. No bus shelter may exceed a height of ten
feet.
(11) A bus bench may advertise on both sides of the back
rest, but may not exceed 2 feet high by 8 feet long.
(12) The license applicant shall notify the abutting
property owner by certified mail of the proposed shelter or bench
location and any proposed advertising, and provide an opportunity
to comment.
(13) A transit bus shelter or bench shall not infringe upon
or obstruct any sidewalk, bike path, pedestrian path, driveway,
drainage structure or ditch, etc. without adding or allowing
adequate passage, which meet ADA requirements.
(14) Prior to permitting the installation of the shelter or
bench, any impacted utility companies and municipalities must be
notified by the license applicant to determine location of
utilities and prevent conflicts. A license to erect and maintain
a bus shelter is subject to any pre-existing utility license or
right.
(15) All shelter utility connections must be approved by the
appropriate city or county agency.
(16) Flashing lights on a transit bus shelter are
prohibited. All lights shall be placed or shielded so they do not
interfere with motorists on the roadway.
(17) Sides and internal dividers in transit bus shelters
shall be constructed of structurally sound materials and provide
visibility of waiting passengers to passing traffic and
pedestrians. All transparent materials shall be shatter proof. No
shelter may be located in such a manner, or be constructed of
such materials, as to adversely affect sight distance at any
intersection or obstruct the view of traffic signs or other
traffic control devices.
(18) Transit bus shelters must be securely attached to their
foundations and must provide for a clear opening between the
structure and foundation to facilitate cleaning and preclude the
accumulation of debris.
(19) Transit bus shelters or benches may not be located
within five feet of any fire hydrant or handicapped parking
space.
(20) Each bus shelter or bench shall have placed on it a
number unique to that location at least two inches by two inches
in size, placed at a location on the shelter that renders the
sign number visible from the street. The telephone number of the
applicant or person to contact regarding the shelter or bench and
the area immediately around the shelter, or both, shall be
appropriately displayed on the shelter.
(21) Licenses are valid for a five-year, all permits to be
renewed before July 1.
(22) A license lapses unless construction is completed
within 90 days of the date of the license.
(23) Any bus shelter or bench erected and maintained on the
right-of-way of a public road in violation of this rule or in
violation of the conditions of the license issued by UDOT may be
ordered removed by UDOT.
(24) If such a bus shelter or bench is not removed by its
owner within 30 days after its owner has been issued a written
order of removal by UDOT, the department may cause the bus
shelter or bench to be removed and submit a statement of expenses
incurred in the removal to the owner of the bus shelter or bench.
If payment or arrangement to make payment is not made within 60
days after the receipt of such statement, UDOT may institute
legal proceedings for collection. When a bus shelter or bench is
located on a county or municipal street, road, or right-of-way,
UDOT may delegate its powers under this rule to the respective
county or municipality, and the respective county or municipality
shall cooperate with and assist UDOT in enforcing the conditions
of licenses issued by UDOT pursuant to the provisions of this
section.
(25) The person to whom a license has been issued for the
erection and maintenance of a bus shelter or bench on the
right-of-way of a public road shall at all times assume all risks
for the bus shelter or bench and shall indemnify and hold
harmless the State of Utah, the Utah Department of
Transportation, and any county or municipality against all losses
or damages resulting solely from the existence of the bus shelter
or bench.
(26) All future bus shelter or bench additions must be
licensed separately and a bond obtained for the number of bus
shelters or benches to be included in the succeeding license. The
same data and information will be required for each separate bus
shelter or bench license application.
(27) Any existing bus shelter or bench located on UDOT
rights-of-way in violation of law is declared to be a public
nuisance, and its removal may be ordered by the department.
(28) All construction, maintenance and operational
activities shall be the sole responsibility of the
licensee.
R933-4-5. Alteration or Termination in Public
Interest.
If UDOT determines that the bus shelters or benches do not
serve the public interest, the department may terminate the
privilege of maintaining bus shelters or benches, and the prior
erection or maintenance of shelters or benches pursuant to rule
shall not require continued allowance of shelters or benches or
compensation to the provider of the shelters or benches.
R933-4-6. Relocation of Bus Shelters or
Benches.
If road construction, maintenance or repair requires
displacement of a bus shelter or bench and relocation is allowed,
such shall be accomplished at the expense of the owner of the bus
shelter or bench. Prior to any relocation of any bus shelter or
bench, Licensee shall submit an application for review to UDOT
for approval.
KEY: buses, bus benches, bus shelters*,
right-of-way
Date of Enactment or Last Substantive
Amendment: April 18, 2001
Notice of Continuation: November 29,
2006
Authorizing, and Implemented or Interpreted Law:
72-7-102 through 72-7-104]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Maureen Short at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected].