§ 21-251. Permitting.

(a)

Prior to the installation, maintenance, and operation of a transit bench or transit shelter within the public right-of-way, a transit bench provider shall be required to obtain a right-of-way utilization permit from the county's public works department pursuant to this division for each transit bench placed in the public right-of-way, and a transit shelter provider shall be required to obtain a right-of-way utilization permit pursuant to this division for each transit shelter placed in the public right-of-way. The public works department may issue such permit in accordance with the agreement with the transit bench provider or transit shelter provider (LYNX or the I-Drive Transit District), whatever the case may be, subject to the following procedures and requirements:

(1)

Transit bench permit application. Prior to issuance of a transit bench permit, the transit bench provider shall complete a right-of-way utilization permit application pursuant to section 21-196 of the Orange County Code, which must include the exact physical location and specifications for such transit bench, and such other information as may be required by the county.

(2)

Transit shelter permit application. Prior to issuance of a transit shelter permit, the transit shelter provider shall complete a right-of-way utilization permit application pursuant to section 21-196, which must include the exact physical location and specifications for such transit shelter. Also, the application shall be accompanied by plans prepared by a Florida Licensed Professional Engineer, which meet the following criteria:

a.

Plans shall comply with the current edition of ASCE-7 and shall include documentation with supporting calculations demonstrating compliance with current wind speed, exposure category, and risk factor requirements;

b.

Plans shall include documentation with supporting calculations to demonstrate that the transit shelter will maintain a continuous load path;

c.

Plans shall include specifications and location of all fasteners and attachments;

d.

Plans shall show a shelter pad made of concrete of not less than three thousand (3,000) pounds per square inch (psi), placed on well-compacted soil, with either six (6) by six (6) welded wire mesh or a fiber mesh additive in the concrete; and

e.

Plans shall be accompanied by an affidavit from the engineer of record (the Florida Licensed Professional Engineer) verifying that the plans meet all applicable Florida Department of Transportation (FDOT) and ASCE-7 requirements.

After approving the plans, the public works department shall conduct a pre-pour inspection and any necessary follow-up inspections while the transit shelter is under construction. Upon completion of the transit shelter and all appurtenances, the engineer of record shall submit an affidavit verifying that the transit shelter has been inspected, and is consistent with the approved plans, specifications, and all applicable FDOT and ASCE-7 requirements. All electrical wiring shall comply with the current adopted edition of the National Electrical Code (NEC). If photovoltaic lights are used, they shall be listed by Underwriters Laboratories (UL) or a Nationally Recognized Testing Lab (NRTL).

(3)

Modification or replacement. A provider shall apply for and receive a new right-of-way utilization permit prior to replacement or modification of a transit bench or transit shelter.

(b)

Separate permit required for each transit bench and each transit shelter. A separate right-of-way utilization permit shall be required for each transit bench and each transit shelter. Accordingly, the permit shall only be valid for the transit bench or transit shelter for which it was issued. (For example, if two (2) transit benches are located at a single transit bus stop, each transit bench shall require a separate permit.)

(c)

Permit fee. The amount of the right-of-way utilization permit fee shall be as approved by the Orange County Board of County Commissioners.

(d)

Insurance. Before a permit may be issued, the applicant shall file with the county a certificate of commercial general liability insurance, issued by an insurance company authorized to do business in the State of Florida, insuring such applicant against loss in the minimum sum of one million dollars ($1,000,000.00) due to liability imposed by law on account of bodily injury or death of any one (1) person and any one (1) accident. "Orange County Board of County Commissioners" (and the "Florida Department of Transportation" when a transit bench or transit shelter is located on the State Highway System) shall be named as an additional insured (additional insureds) on the policy. The policy shall be maintained in the original amount by the applicant, at its expense, at all times during the period the permit and agreement remains in effect.

(e)

Licensing. Persons providing or engaged in providing advertising on transit benches shall be required to satisfy all necessary qualifications and be properly licensed in accordance with applicable Florida Statutes. In addition, each transit bench provider and each transit shelter provider shall maintain an Orange County Business Tax Receipt while providing a properly permitted transit bench or transit shelter on the public right-of-way and throughout the term of the agreement.

(f)

Inventory. On or before September 30th of each year, each transit bench provider and each transit shelter provider shall provide an inventory to the county of all of its respective transit benches and transit shelters within the public right-of-way, including (less than ninety (90) days old) photographs of each such transit bench and transit shelter.

(Ord. No. 2014-06 , § 1, 3-25-14)