Fla. Admin. Code Ann. R. 14-96.005 - Application

(1) Connection Permit Application and Information. The Driveway/Connection Application for All Categories, Form 850-040-15, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14632, effective 08/22. Form 850-040-15 and application information are available from Department of Transportation's One-Stop Permitting internet site at (https://osp.fdot.gov) and may be completed and submitted electronically. A copy of this form is also available upon request from the office of the local area Maintenance Engineer, District Office, Urban Area Office, or Central Office at 605 Suwannee Street, Mail Station 19, Tallahassee, Florida 32399-0450. A complete application shall consist of the Connection Permit Application, (with original signatures, the number of signatures to be determined by the District staff) application fee, site plans, drawings, traffic data, and connection and roadway information specified in this rule chapter.

(a) Prior to submitting an application for a Category C, D, E, F, or G connection, the Applicant is required to request a pre-application meeting with the Department to review the site plan, establish the connection category, and identify required documentation and traffic study requirements. Upon request, the Department will meet with the Applicant, on-site and/or in-office, to discuss the project, projected impacts to the State Highway System, and the suggested methodology for the analysis of traffic impacts. The pre-application meeting will be performed by the Department without a fee. The pre-application meeting is a courtesy and intended to be advisory only; the results of this meeting are not binding on the Department or the Applicant.

(b) The Department will request clarification or additional information required in this rule chapter during the application review process where the Applicant has failed to complete the application.

(c) Failure to provide the requested information within time limits specified within this rule chapter shall result in the review and decision being based on information provided.

(d) An application will not be accepted if the appropriate fee is not paid.

(e) The Applicant shall be allowed to submit any site specific information which the Applicant deems to be pertinent to the Department's review of the connection application.

(2) Changes in Property Use.

(a) Where additional traffic is projected due to expansion or redevelopment, the property owner shall contact the Department to determine if a new permit application and modification of existing connections will be required. If the Department determines that the increased traffic generated by the property results in a significant change, a new application shall be required.

(b) Failure to contact the Department to determine the need for connection modifications or to submit a new application for such modifications prior to initiation of property improvements, land use changes, or traffic flow alteration actions which constitute significant change will result in notification to the property owner of the Department's intent to revoke or modify the existing permit and closure of the connection to the property as specified in subsection 14-96.011(2), F.A.C.

(c) Vacant or Abandoned Sites. For purposes of determining the "existing use" of a property under the definition of significant change, the following criteria apply:

1. For connections under Sections 335.187(1) and (2), F.S., the use of the property on July 1, 1988, shall be considered the existing use, unless thereafter discontinued for a period of one year or more.

2. For connections under Section 335.187(4), F.S., the use of the property reflected in the permit shall be considered the existing use, unless thereafter discontinued for a period of one year or more.

3. The use of a property is considered discontinued when there has been a cessation of trips to the property, except for trips to maintain or market the property associated with that use. The use of the property will also be considered discontinued where the business located on the property has been out of service for a period of one year or more.

4. If the use of a business has been discontinued for the period of one year or more, any use proposed by an applicant shall constitute significant change.

(d) The Applicant is responsible for all costs associated with relocation, alteration, or closure of a connection if the need for relocation, alteration, or closure is caused by the actions of the Applicant.

(3) Information Required for All Applications. The following information is required of all applications for all connections categories:

(a) Identification of property owner and Applicant. The complete names and current mailing addresses and telephone numbers of property owner(s), the Applicant, and the authorized representative.

(b) Notarized letter of authorization. If the Applicant desires to have a representative sign, file, and handle the application, a notarized letter of authorization from the Applicant designating the authorized representative shall be provided with the application package.

(c) Responsible person. When the owner or applicant is a company, corporation, or other public agency, the name, address, and telephone number of the responsible officer shall be furnished with the application.

(d) Signatures. The names of all individuals signing the application and their titles shall be typed or printed with the signatures.

(e) Property use. The existing and planned property use shall be noted in sufficient detail to determine the appropriate connection category of the application.

(f) Location of all existing and proposed connections. This will include a site plan indicating any physical features (existing and proposed) that would have an impact on traffic circulation (both motorized and non-motorized where applicable) and sight distance on the public road system. Examples of such physical features are walls, fences, trees, mail boxes, gates, and utility poles. The site plan must indicate if the curvature or topography of the road prevents a clear line of sight in either direction of the proposed access.

(g) Where non-motorized users (bicyclists and pedestrians) are present, planned, or promoted, safe and convenient access for non-motorized users should be provided by the site. The bicycle/pedestrian access should connect the external bicycle and pedestrian network(s) (e.g., the sidewalk and/or bicycle facility along the site's frontage) to the main entrance of the site's building(s). Access should be safe and convenient with minimal conflicts with other modes and minimized travel distance with the most direct route.

(4) Additional Information Required for Category C, D, E, F, and G Applications. In addition to the information required on all applications, the following information is required on all Category C, D, E, F, and G application:

(a) Multimodal Trip generation data. The applicant will estimate the site's Average Daily Traffice, ADT, consisting of the average number of vehicles, anticipated to use the connection(s) on an average day and peak hour or daily trip generation of pedestrians, bicyclists, transit, to identify impacts of the development generated traffic onto the existing multimodal network; and provide appropriate mitigation for safe and efficient movement of pedestrians, bicyclists, transit, and vehicles. trip generation. The peak hour(s) will be proposed at the time of application or conceptual review based on the most critical hour(s) for the proposed property use. This determination of the most critical peak hour(s) will be made considering both the peaking characteristics of the proposed site and the surrounding road system. Estimates shall be made in accordance with the 11th Edition Trip Generation Manual, published by the Institute of Transportation Engineers, and available for purchase at www.ite.org. The 11th Edition of the Trip Generation Manual is hereby incorporated by reference, effective date 08/22. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Floridia Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida, and at the Florida Department of State, Administrative Code and Register Section, Room 701, the Capitol, Tallahassee, Florida 32399. If the Department determines, that the trip generation data provided by the applicant are not accurate or not realistic, the Department will require further trip generation analysis signed, sealed and dated by a Professional Engineer licensed in the State of Florida.

(b) Site plan. A drawn to scale site plan or recent aerial photographs of sufficient scale and clarity may be used in conjunction with the following:

1. Any physical features (existing or proposed) such as buildings, other structures, or natural features which would have an impact on traffic circulation (both motorized and non-motorized where applicable) and sight distances on the public road system.

2. Traffic circulation plan, including non-motorized connections where applicable, and parking lay out.

3. Right of way and property lines (surveys are acceptable, but not required).

4. Any existing joint access or cross access connection features.

5. A plat map showing abutting parcels and ownership.

(c) Transportation facility and neighboring connection information.

1. Road names and highway numbers for all abutting roads and highways.

2. The Department's county section and milepost number (this identification is available at the Department).

3. Existing laneage for all roads abutting the development, including left and right turn storage and auxiliary lanes and medians.

4. Inventory and geometric characteristics of non-motorized facilities located adjacent to the proposed driveway connection(s), including sidewalks and bikeways.

5. Location of future roads (known to the applicant) and improvements to existing roads abutting or entering the property.

6. Neighboring connections and median openings. The location and type of connections (on both sides of the road), median openings, intersections, and traffic signals within the following distances from the site's property lines:

a. If the posted speed limit is over 45 MPH then the distance of the features documented shall be 1,320 feet, or to the closest public street intersection, whichever is less.

b. If the posted speed limit is 45 MPH or less, the distance of the features documented shall be 660 feet, or to the closest public street intersection, whichever is less.

c. Recent aerial photographs of sufficient scale and clarity to depict the site and the immediate area may be used to provide this information.

(d) Connection location and design plans shall be signed, sealed, and dated by a Professional Engineer licensed in the State of Florida and will include:

1. Location of all proposed connections, connection profiles, as well as public road system connections, and those connections requiring auxiliary lanes, connection width, connection radii, connection angle. Proposed connections must include non-motorized connections where applicable.

2. Design and cross section (to the right of way line) of auxiliary lanes and pavement to serve the requested connection(s).

3. Location and type of traffic control devices proposed.

4. Proposed pavement marking and signing.

5. Location and type of drainage features existing and proposed within the right of way.

6. Median opening design and cross-section, for any new or modified median or median opening to be used by the property's traffic.

7. Type of roadway materials to be used.

8. Location and type of existing utilities, or any other easements or encroachments.

9. Description of proposed turning movements.

10. Horizontal and vertical curvature of abutting roads where severe topography or sight distance concerns warrant.

11. Incorporation of geometric features to minimize the impacts of driveway connection/s to existing or proposed non-motorized facilities.

(e) A traffic control plan (TCP) for construction activity shall be in conformance with to the Federal Manual on Uniform Traffic Control Devices, incorporated by reference in Rule 14-15.010, F.A.C, and Generally Accepted Professional Practice. The Applicant must either cite to an unmodified Department Design Standard Plan Index TCP (contained within Design Standard Series 102, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15117, effective 08/22), or submit a TCP signed and sealed by a Professional Engineer licensed in the State of Florida. A copy of Design Standard Series 102 is available upon request from the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida 32399. The 2021 FDOT Design Manual, Chapter 215 (Roadside Safety), provides guidance to the Design Standard Series 102 and is incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-15116, effective 08/22, and available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/roadway/fdm/2021/2021fdm215roadsidesafety.pdf?

(5) Traffic Study Requirements. For Category C, D, E, F, and G applications, or any application requesting or requiring a new traffic signal, new median opening, auxiliary lane, or modified median opening, the following traffic study data requirements apply. The specific detail and content of the traffic study will vary depending upon the existing and projected traffic volumes, highway capacity, levels of service, and safety concerns. Any traffic study (except a cursory analysis, such as an indication of peak hour movements from the applicant's site) must be signed, dated, and sealed by a licensed Florida Professional Engineer. The traffic study must include:

(a) Critical peak hour vehicular turn movements from each proposed connection and abutting public road in graphic form.

(b) Bicycle and pedestrian trip generation for the critical peak hour.

(c) Vehicular and non-vehicular traffic operations analysis of the impacts of the development on the surrounding transportation system and consistent with the FDOT Transportation Site Impact Handbook, October 2019, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14944, effective 08/22, and available at https://www.fdot.gov/publications/publications.shtm.

(d) An appropriately sized study area and time horizon based upon the type and size of the development.

(6) Category C Exemptions. Category C applicants are exempt from some of the requirements listed above if the applicant can show that the information would have no significant bearing on the permitting decision process.

Notes

Fla. Admin. Code Ann. R. 14-96.005

Rulemaking Authority 334.044(2), 335.182(2), 335.183, 335.184 FS. Law Implemented 334.044(14), 334.044(28), 335.18-.187 FS.

New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03, Amended by Florida Register Volume 49, Number 055, March 21, 2023 effective 4/2/2023.

New 4-18-90, Amended 7-16-95, 1-23-03, 12-28-03, 4-2-23.