Tampa City Code § 22-230 Permit required to erect, operate, and maintain a guardhouse and/or gates; application requirements; issuance.
Sec. 22-230. - Permit required to erect, operate, and maintain a guardhouse and/or gates; application requirements; issuance.
(a) No guardhouse and/or gate shall be erected, operated, or maintained in, on, or in any manner affecting public right(s)-of-way in the City of Tampa unless a permit has been issued for the erection, operation, and maintenance of the guardhouse and/or gate by the city's transportation division.
(b) The applicant shall file an application for a permit with the city's transportation division containing all of the following information:
(1) Evidence that the applicant meets the criteria set forth in subsections 22-58(f)(2) of the Code;
(2) A traffic study prepared in accordance with standards established by the transportation division addressing storage capacity requirements for vehicular traffic entering and exiting through the proposed guardhouse and/or gates during "a.m. peak" and "p.m. peak" hours, unless such study is waived by the city's transportation manager;
(3) A complete description of the proposed guardhouse and/or gates including, without limitation, accurate plans of the guardhouse and/or gates and all appurtenances thereto;
(4) An accurate legal description of any portion of a right-of-way which is or will be dedicated to the public on which the guardhouse and/or gate is proposed to be located;
(5) The location and identity of any underground or above-ground utilities affected by the installation and operation of the proposed guardhouse and/or gate based on information provided to the applicant by "Call Sunshine," the underground utility clearance center, and a survey of the property or rights-of-way affected by the application;
(6) Technical information regarding the mechanical operation of the gates, including, without limitation the means by which the applicant will assure that the public will have guaranteed access to any affected public rights-of-way at all times;
(7) An agreement in a form acceptable to the City Attorney of the City of Tampa and executed by the applicant regarding the erection, operation and maintenance of the guardhouse and/or gates, and containing the applicant's agreement to: (a) indemnify, defend, and hold the City of Tampa, its officers, agents and employees harmless from and against any and all claims, actions, causes of action, suits, liability, and damages of any nature whatsoever (including, without limitation, legal fees and costs) in connection with the construction, operation, use, repair or maintenance of the guardhouse and/or gates by the applicant in, on or in any manner affecting public right(s)-of-way in the City of Tampa; (b) indemnify, defend and hold the City of Tampa, its officers, agents and employees harmless from and against any and all fines, penalties, liabilities, costs, and expenses (including, without limitation, legal fees and costs) arising out of or resulting from the applicant's violation of any law, ordinance, rule, or governmental regulation applicable to the activities of the applicant subject to the permit; (c) provide the City of Tampa with insurance meeting the requirements of this ordinance; (d) provide the City of Tampa an escrow to secure the applicant's compliance with the requirements of the Code, the permit and the agreement concerning the guardhouse and/or gates which escrow may be in the form of cash, a letter of credit or bond equal to one hundred ten (110) percent of the estimated cost of removing the guardhouse and/or gates or such other form of security as approved by the city attorney, unless such escrow is waived by city council as an economic hardship for the applicant in connection with the approval of the agreement; and (d) guarantee public access at all times over and across all public rights-of-way located in the subdivision or development;
(8) Commercial general liability insurance policy: (a) naming the City of Tampa as an additional insured in the minimum amount of one million dollars ($1,000,000.00) per occurrence covering bodily injury and property damage resulting from or related to the erection, operation and maintenance of the guardhouse and/or gates; (b) meeting such other criteria as may be established by the city's risk management department; and (c) requiring the insurer to provide the city thirty (30) days prior written notice of any proposed termination, cancellation or change in insurance coverage or limits; and
(9) Payment of the permit fee.
(c) After the receipt of an application containing all of the information required in section 22-230(b) above, the transportation division shall have thirty (30) days to review the application and determine whether to issue or deny a permit for the proposed guardhouse and/or gates. The transportation division shall be entitled to deny the issuance of a permit if:
(1) Based on the information submitted in the application, the transportation division determines that the permitting of the guardhouse and/or gates would constitute a traffic hazard or otherwise negatively affect the public health, safety and welfare; or
(2) Based on the information submitted in the application, the transportation division determines that the permitting of the guardhouse and/or gates would materially interfere with any existing utilities located in the affected rights-of-way which utilities will not be relocated as part of the construction of the guardhouse and/or gates; or
(3) The transportation division determines that the proposed guardhouse and/or gates would violate any applicable federal, state or local laws, statutes, ordinances, rules, regulations or permits as may exist from time to time.
(Ord. No. 99-105, § 3, 5-13-99)