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This rule is repealed in its entirety.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:

Transportation
Preconstruction, 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 maureenshort@utah.gov

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

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]