A. Improvements: All street improvements (i.e., curb, gutter, and sidewalk) shall be in place, prior to the installation of a bus bench or bus shelter.
B. Location: Bus benches or shelters shall be located behind the sidewalk, on private property, and only at bus stops designated by the Utah transit authority (UTA); provided, that: 1) a physical barrier exists behind the sidewalk which prevents the placement of a bench or shelter at that location; or 2) the property owner refuses to grant approval for the placement of the bench or shelter behind the sidewalk; and 3) there is adequate depth in the park strip so that the bus bench or bus shelter will not encroach on the sidewalk and there is a minimum distance between the front edge of the bench or shelter and the face of the adjacent curb of forty eight inches (48") on state roads and twenty four inches (24") on city streets. Any person requesting approval to locate a bus bench or bus shelter in a street right-of-way shall first submit written documentation from the property owner that approval to locate the shelter or bench behind the sidewalk has been refused. Nonetheless, bus benches and bus shelter signs shall not be located in clear vision areas at intersections and shall not obstruct sidewalks, roadways or other locations where the structures may pose a hazard to motorists or pedestrians. Benches installed by UTA which carry no message may be located within a right-of-way. However, bus benches or bus shelters proposed to be located adjacent to state roads shall comply with all applicable state provisions governing the location and site development standards for such benches or shelters.
C. Construction and Materials: The following provisions shall govern the construction and materials for bus benches and bus shelters:
1. Bus bench backs and seats shall be constructed of metal, fiberglass or rigid plastic/vinyl materials and shall be kept in good repair. Bench legs shall be constructed of reinforced concrete. The design and materials of bus shelters shall be approved by the city prior to issuing permits.
2. A concrete pad shall be required for all bus benches and bus shelters. The minimum pad size for bus benches shall be four feet by six feet (4' x 6'), and the minimum pad size for a bus shelter shall be two feet (2') wider than the width of the shelter and two feet (2') longer than the length of the shelter. Additional space should also be designed for persons in wheelchairs and/or to provide additional waiting area for bus patrons.
3. The minimum pad area for a bus bench or bus shelter may include part of a sidewalk. However, no bus bench or bus shelter shall infringe upon or obstruct any sidewalk, other pedestrian path, or driveway without adding paving which meets passage standards established by the Americans with disabilities act (ADA).
4. Bus benches and bus shelters shall be securely fastened to the concrete pad. Upon removal of a bench or shelter, the concrete pad shall be repaired by the owner of the bench or shelter, including removal of attachment bolts and repair of all holes in the concrete pad.
D. Shelter Design: Bus shelters shall be designed to meet the following requirements:
1. A minimum four foot three inch by fifteen foot (4'3" x 15') concrete pad for each shelter, with interior seating and patron waiting area;
2. A minimum five foot by eight foot (5' x 8') ADA landing pad in park strip (when required);
3. Interior room for wheelchair passengers;
4. Minimum three foot (3') wide entry;
5. City name and logo on both ends of the shelter;
6. Name and service number to call for service of shelter;
7. Twenty four (24) hour interior illumination;
8. The shelter is to be bolted to a concrete pad;
9. All electrical wiring is to be located underground; and
10. All shelters shall include a trash receptacle of a matching color and design.
E. Insurance: For any bus bench or bus shelter sign, the company or person responsible for the bus bench or shelter sign shall enter into an agreement with the city, which must be approved by the city attorney. This agreement will require, among other things, that the company or person responsible for the bus bench or bus shelter sign provide to the city proof of liability insurance in the minimum amount of one million dollars ($1,000,000.00), name the city as an additional insured, and indemnify and hold harmless the city from any and all injuries and defense costs arising from the placement or use of the bus bench or bus shelter sign.
F. Violation: Failure to comply with the bus bench and bus shelter provisions shall constitute a violation of this chapter.
G. Removal: The city engineer may require removal of a bus bench or bus shelter that does not comply with the requirements of this section. The city engineer shall mail notice, postage prepaid, to the address provided in the agreement. The notice shall state the nature of the noncompliance and the date by which remediation or removal shall be complete, which date shall be no less than thirty (30) calendar days after mailing. Failure to remediate or remove the bus bench or bus shelter within the notice period shall be a separate violation for each day the bus bench or bus shelter remains in place. (2001 Code § 89-6-1108; amd. 2009 Code; § 8-8-7; Ord. 16-16, 4-13-2016; Ord. 19-48, 12-11-2019, Effective at 12 noon on January 6, 2020)
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