14-57.014: Rail Corridor Crossing Management
PURPOSE AND EFFECT: A new rule is being established as Part III of Rule Chapter 14-57. Upon adoption of this rule, the superseded rules in Rule Chapter 14-115 will be repealed.
SUBJECT AREA TO BE ADDRESSED: Part III of Rule Chapter 14-57 is to replace Rules 14-115.003 and 14-115.004 pertaining to rail corridor crossing management.
SPECIFIC AUTHORITY: 334.044(2) FS.
LAW IMPLEMENTED: 334.044(14), 337.242(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
RAILROAD SAFETY AND CLEARANCE STANDARDS, PUBLIC RAILROAD-HIGHWAY GRADE CROSSINGS, AND RAIL CORRIDOR CROSSING MANAGEMENT PART III RAIL CORRIDOR CROSSING MANAGEMENT
14-57.014 Rail Corridor Crossing Management.
(1) Definitions for Use in Part III.
(a) “Applicant” means any person or local governmental entity.
(b) “Application” means the Rail Corridor Crossing Permit Application, DOT Form 725-080-86, Rev. 01/06, incorporated herein by reference.
(c) “Corridor” or “Rail Corridor” means Department-owned lineal property acquired from a railroad that is not incorporated into the state highway system.
(d) “Department” means the Florida Department of Transportation.
(d) “Local Governmental Entity” means as defined in Section 11.45(1)(e),
(e) “Rail Corridor Crossing” means a either a public or private travel way intended to be used for vehicular ingress and egress to and from a state highway way across a rail corridor.
(f) “State Highway” means a component of the State Highway System as defined in Section 334.03(25), Florida Statutes.
(2) Existing Crossings. The Department shall recognize existing public and private rail corridor crossings identified and described by a railroad at the time a rail corridor is transferred from a railroad to the Department. All other rail corridor crossings shall be closed if rail corridor crossing permits are not obtained by an applicant consistent with this rule chapter within six months following completion of acquisition of the rail corridor by the Department.
(3) Rail Corridor Crossing Permits. The issuance of a rail corridor crossing permit does not create a property right or vested interest in a rail corridor crossing and such permit is revocable in accordance with the provisions of this rule chapter. Prior to submitting an application, potential applicants are encouraged to contact the Department Central Rail Office to inquire as to the feasibility of a proposed rail corridor crossing.
(a) Public Crossing. An application by a local governmental entity for a rail corridor crossing permit for a corridor where rail service has been abandoned will be evaluated and conditioned upon the following criteria:
1. Jurisdiction over the county road or city street at the proposed crossing and acceptance of maintenance responsibility for the county road or city street, including the rail corridor crossing area.
2. A demonstrated transportation need on the part of the public for the crossing.
3. Consistency with any applicable Metropolitan Planning Organization (MPO) long range plans and local governmental entity comprehensive plans.
4. Closure of an existing public crossing for each new public crossing.
5. Construction of the crossing in a way that is compatible with the present use of the rail corridor.
6. Payment of construction and maintenance costs for the new public crossing, as well as any additional costs to modify the corridor to accommodate its planned use.
7. Agreement to indemnify, defend, and hold harmless the Department from all claims arising out of the use of the new public rail corridor crossing.
(b) Private Crossing. An application for a rail corridor crossing permit by a person who owns property abutting a rail corridor where rail service has been abandoned will be evaluated and conditioned upon the following criteria:
1. The private property must have no other legal access, including no access to frontage roads that exist or that could be cost-effectively constructed.
2. The new private crossing must be consistent with applicable MPO long range plans and local governmental entity comprehensive plans.
3. The new private crossing must be constructed in a way that is compatible with the present use of the rail corridor, and the design of the new private crossing shall be signed and sealed by a professional engineer registered in the State of
4. A corridor crossing permit is revocable, without compensation, upon a Department determination that the crossing is incompatible with the Department’s use of the corridor and written notice of not less than 30 days.
5. The owner must indemnify, defend, and hold harmless the Department from all claims arising out of the use of the new private rail corridor crossing.
(4) All construction and maintenance on the Department corridor shall conform to the Manual on Uniform Traffic Control Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C., and the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, incorporated by reference under Rule 14-15.002, F.A.C.
(a) Disruption of Traffic. For safety and operational purposes, the Department will require or restrict hours of construction if construction will cause disruption of traffic on the State Highway System. When construction activity on a rail corridor crossing causes undue disruption of traffic, or creates safety hazards on a state highway, the District Secretary or designee shall advise the permittee of the need for immediate corrective action by a specified time and will issue a stop work order if the permittee does not comply.
(b) Rail Corridor Crossing Completion Time Limit. Construction shall be completed within one year of the date of issuance of the rail corridor crossing permit. Failure to comply with the one year time limit shall result in an automatic expiration of the rail corridor crossing permit. A stop work order will be issued by the Department if work exceeds the imposed time restrictions. For any rail corridor crossing permit which expires for failure to construct the rail corridor crossing within the one year limit, a new application will be required. The corridor right of way shall be returned to the condition existing prior to the permit being issued, at the permittee’s expense, unless a new permit is obtained pursuant to this Rule Chapter.
(c) Assurance of Performance. Assurance of performance conforming to Section 334.187, Florida Statutes, will be required if the rail corridor crossing permit requires extensive work within the right of way, such as relocation of structures or traffic signals.
1. Prior to the issuance of a rail corridor crossing permit, the applicant shall provide a security instrument in the estimated dollar amount of the improvements in the right of way. The Department shall be named as the beneficiary. The security instrument shall be provided to the Department before the rail corridor crossing permit is issued. The security instrument shall be valid for the time of the construction and inspection of the permitted work, but for not less than 18 months.
2. The applicant shall provide the estimated cost of improvements on right of way in a document signed, sealed, and dated by a professional engineer registered in the State of Florida.
3. Security Instrument Receipt, Form 850-040-20, Rev. 04/93, must be used, and is incorporated herein by reference.
4. Such security instruments shall be required except when a performance bond covering the work on the right of way is included as part of the bond necessary for development approval by a local governmental entity and the Department is a named beneficiary.
5. The Department will waive the security instrument requirement when there is an agreement with the local governmental entity to withhold a certificate of occupancy until any problems are corrected and there is no indication that the requirements of this rule will be violated.
6. The security instrument will be returned to the applicant when final inspection by the Department shows that the work has been completed as permitted.
(d) Posting of rail corridor crossing permit. The approved rail corridor crossing permit shall be displayed in a prominent location in the vicinity of the crossing construction.
(e) Traffic Signals and Other Traffic Control Devices. Traffic signals and other traffic control devices, installed by an applicant, shall conform to the MUTCD and Department design and construction standards referenced herein. The applicant is responsible for securing any additional permit or local governmental entity approval needed for traffic signalization and regulatory signing and marking.
(f) Professional Engineer Statement of Construction for Extensive Roadway Construction or Large Developments. If the rail corridor crossing permit requires extensive work within the right of way, such as relocation of structures or traffic signals, a statement from the project’s professional engineer will be necessary. The applicant will provide documentation by a professional engineer registered in the State of Florida that construction was accomplished in accordance with the requirements set out in the corridor crossing permit.
(g) Utility and Right of Way User Notification. The applicant has the responsibility to determine, and notify, the users of the right of way of the permitted construction. The applicant shall also resolve any conflicts within the right of way. Before a rail corridor crossing permit is issued, the applicant shall show documentation of this notification and resolution of conflicts.
(h) A rail corridor crossing permit for a crossing that is intended to be used for vehicular ingress and egress to and from a state highway is not a permit for a connection to the state highway under Section 335.182(3)(a), Florida Statutes, and a separate access connection permit must be obtained pursuant to Rule Chapter 14-96, F.A.C., prior to the construction of an access connection.
Specific Authority 334.044(2) FS. Law Implemented 334.044(14), 337.242(3) FS. History–New________.