Fla. Admin. Code Ann. R. 14-96.003 - General Provisions
(1)
Local
Permits and Approvals. Connection permits authorize the initiation of
construction of connections within Department right of way and the maintenance
of connection(s) according to the permit provisions and adopted department
standards. It is the responsibility of the applicant or permittee to obtain any
other local permits or other agency approvals that may be required before the
initiation of the connection construction. No person may construct, relocate,
or alter a connection temporarily or permanently without first obtaining a
connection permit from the Department, as provided in this rule chapter,
regardless of governmental entity permits and approvals.
(2)
Pre-Application. Prior to
filing an application and prior to receipt of development or site plan
approval, all applicants applying for a Category C, D, E, F, or G connection
are required to request a pre-application meeting to review the site plan with
the Department and other governmental entities, as appropriate, with respect to
the proposed connection(s)' location. This review will be performed by the
Department without a fee.
(a) Purpose of
Pre-Application Meeting. The purpose of the pre-application meeting is to
establish the connection(s) category and the general location and design of
connection(s) to the property. Traffic study requirements may also be
determined during this meeting.
(b)
Non-Binding Nature of the Pre-Application Meeting. The pre-application meeting
is advisory only and the results of this meeting are not binding on the
Department or the applicant. An application must be submitted and a connection
permit must be issued before the applicant can initiate
construction.
(3)
Cost of Construction.
(a) The
cost of all construction related to the permit shall be the responsibility of
the applicant.
(b) Existing
permitted connections affected by the Department's construction activities and
which require relocation, alteration, closure, or safety upgrade in order to
meet Department standards shall be relocated, altered, closed, or upgraded for
safety by the Department at no cost to the permittee.
(4)
Traffic Control Features and
Devices in the State Right of Way. Traffic Control Features and Devices
in the right of way, such as traffic signals, channelizing islands, medians,
median openings, and turn lanes are operational and safety characteristics of
the State Highway System and are not means of access. The Department may
install, remove, or modify any present or future traffic control feature or
device in the right of way to promote traffic safety in the right of way or
promote efficient traffic operations on the highway. A connection permit is
only issued for connections and not for any present or future traffic control
features or devices at or near the permitted connections. The permit may
describe these features and/or devices, but such description does not create
any type of interest in such features. An Intersection Control Evaluation (ICE)
analysis is required when a single connection generates 4,001 ADT or more under
E, F, or G standard connection categories, or when an Applicant proposes a
connection permit with:
(a) Major
reconstruction of an existing signalized intersection.
(b) A change to a full median opening from a
directional or bi-direction median opening.
(c) The removal, installation, or
modification of traffic signal.
(d)
The District Design Engineer (DDE) and District Traffic Operations Engineer
(DTOE) consider an Ice a good fit for the project.
Information for the ICE analysis is avialable from the Department of Transportation's One Stop Permitting internet site as https://osp.fdot.gov.
(5)
Other Review Processes. The
Department shall not be obligated to permit or approve any connection, traffic
control feature or device, or any other site related improvement that has been
specified in a development approval process separate from the official
connection approval process described in this rule chapter. However, early
coordination may minimize conflicts at application time.
(6)
Alternative Access Plans. If
the requirements of Rule Chapter 14-97, F.A.C., or other adopted Department
access management standards, cannot be reasonably complied with, or if the
standards can be met but the applicant desires to submit an alternative plan,
the applicant may submit alternative access plans which will require approval
or denial by the Department's District Office Access Management Review
Committee (AMRC). The acceptance of any alternative access plans shall be
contingent upon maximum achievement of the purpose of Rule Chapter 14-97,
F.A.C., and Sections 335.18-.188, F.S. For the Department to consider an
alternative access plan proposed under this section, the Applicant shall
provide documentation, in the form of a traffic study signed and sealed by a
Professional Engineer licensed in the State of Florida describing how the plan
serves the driving public and not just the applicant or its clients or
customers. Prior to the approval or denial of any alternative plan, the
Department will also consider the transportation conditions stated in Section
335.184(3)(a),
F.S. See also, subparagraph
14-96.007(4)(a)
2. and Rule 14-96.009, F.A.C.
(7)
Limited Access Facilities.
Owners of property abutting limited access facilities have no right of access
to such facilities. Requests for any access (such as new interchanges) to
limited access facilities will not be processed under this rule
chapter.
Notes
Rulemaking Authority 334.044(2), 335.182(2), 335.184 FS. Law Implemented 334.044(14), 335.18-.188 FS.
New 4-18-90, Amended 7-16-95, 1-23-03, 4-2-23.
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