Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.06-001 - Amendment to Regulations for Tourist-Oriented Directional Signs (TODS)

Current through Register Vol. 49, No. 6, June, 2024
Authority
The Arkansas State Highway Commission is authorized by Ark. Code
			 Ann Section
			 27-65-107(a)(13)
			 (1994), and the Federal Highway Administration's Manual on Uniform Traffic
			 Control Devices to promulgate rules, and regulations governing Tourist-Oriented
			 Directional Signing (TODS) within the rights-of-way of state highways.
Purpose
These regulations provide for the installation and administration
			 of TODS for qualified activities or sites of reasonable interest to the
			 traveling public not residing in the immediate area of the business or
			 activity.
Definitions
State Highway
. For the purpose of these regulations,
			 means the National Highway System and the 5,250 miles of state highways subject
			 to Federal and State Highway Beautification Acts as of June 1, 1991. This
			 definition does not include the interstate or freeway highway systems, both of
			 which are eligible for the Logo Signing Program.
Tourist-Oriented Directional Signs
. Hereafter
			 referred to as TODS, are official signs that are located within the
			 right-of-way of a state highway giving specific information regarding
			 activities or sites of reasonable interest to the traveling public not residing
			 in the immediate area of the business or activity.
Rural
. Refers to those areas outside the city limits
			 of incorporated cities or towns with a population of 5,000 or more
			 people..
Trailblazer Sign
. A sign that must be installed at
			 an intersection where the motorist must change directions in order to reach the
			 tourist activity.
Activities or Sites of Reasonable Interest
The activity or site must be of reasonable interest to the
			 traveling public not residing in the immediate area of the business or activity
			 to qualify for the TODS Program. Any one of the following may qualify the
			 activity or site.
Motorist Service
. It offers a motorist service such
			 as gas, food, lodging camping, or motor vehicle service or repair.
Tourist Attraction
. It is of reasonable interest to
			 tourists as a historic, cultural, scientific, educational, or entertainment
			 site, or as a site of natural scenic beauty or naturally suited for outdoor
			 recreation.
Commercial Interest
. It is of reasonable commercial
			 interest to the traveling public not residing in the immediate area of the
			 business or activity.
Seasonal Agricultural Interest.
It offers fresh,
			 locally produced, seasonal agricultural products of reasonable interest to the
			 traveling public not residing in the immediate area of the business or
			 activity.
General Requirements
An individual activity or site of reasonable interest must meet
			 the following general requirements to qualify for TODS. The Department may
			 require applicants to prove that they comply with the requirements of this
			 section.
A. With the exception of
		  motorist services activities, the activity or site (including seasonal
		  agricultural products) must reasonably derive the major portion of income or
		  visitors during the normal business season from motorists not residing in the
		  immediate area of the business or activity.
B. The activity or site shall be open to the
		  general public during regular and reasonable hours and not by appointment or
		  reservation only.
C. The activity
		  shall be conducted in an appropriate building or area. It shall not be
		  conducted in a building used as a residence unless the activity is a motorist
		  service lodging facility (hotel, motel, bed and breakfast, etc.).
D. The activity or site shall be located in a
		  rural area not within the corporate limits of a city or town with a population
		  of 5,000 or more people, except for Scenic Byways.
E. With the exception of those instances
		  where the Department determines that operational safety requires an advance
		  sign, an activity shall not qualify for a TODS unless the activity or its
		  on-premise signing and driveway entrance are not readily visible from the state
		  highway.
F. An activity or site
		  will not qualify for TODS if the activity or site is identified by a Department
		  directional sign that is within the right-of-way, if the activity or site is
		  advertised by an off-premise sign that is illegal as defined by the Arkansas
		  Highway Beautification Act, or if the activity or site is advertised by an
		  off-premise sign that is visible from the location of the proposed
		  TODS.
G. The activity or site shall
		  comply with all applicable laws concerning public accommodations without regard
		  to race, religion, color, age, sex, national origin, or disability, and shall
		  comply with all applicable health and sanitation laws and must possess any
		  required local permits or licenses.
H. The activity or site must be located
		  within fifteen (15) miles of the state highway.
Special Requirements
In addition to the general requirements, an individual activity
			 or site of reasonable interest must meet the following requirements to qualify
			 for the TODS Program.
Motorist Service
. An activity providing a motorist
			 service must be open a minimum of eight (8) hours a day, five (5) days a week
			 (one of which is Saturday), and six (6) months a year.
Tourist Attraction
. A tourist attraction must be
			 open a minimum of four (4) hours a day, five (5) days a week (one of which is
			 Saturday), and six (6) months a year.
Commercial Interest
. A commercial activity not
			 covered by the above paragraphs must be open a minimum of eight (8) hours a
			 day, five (5) days a week (one of which is Saturday), and six (6) months a
			 year.
Seasonal Agricultural Interest
. An agricultural
			 business activity must be open a minimum of eight (8) hours a day, five (5)
			 days a week (one of which is Saturday) during the normal seasonal
			 period.
Conditions
A TODS sign shall not be erected until the activity or site has
			 been approved for a TODS Signing Permit in accordance with these regulations,
			 and the Department has received payment of all fees due.
A. A TODS sign shall be covered or removed by
		  the Department if the activity or site ceases to qualify for a period of seven
		  (7) days.
B. In the event the
		  qualifying business changes ownership, the Department is to be notified in
		  writing.
C. The Department shall
		  cover or remove a TODS sign for a seasonal activity when the activity is closed
		  during the off-season period, unless the TODS sign displays the period of
		  operation. A fee will be assessed by the Department if the sign is covered or
		  removed.
D. If needed, adequate
		  trailblazing signs shall be provided on local roads and streets to guide
		  motorists from the state highway to the activity or site. Trailblazer signs on
		  local roads and streets must be approved by the Department and be in place
		  prior to the installation of the TODS signs. The applicant will be responsible
		  for obtaining the trailblazer signs and any necessary permits from local
		  officials, and for the installation of the signs. Any trailblazer signs
		  required on state highway rights-of-way will be authorized in the TODS Signing
		  Permit, purchased by the applicant, and installed by the Department or its
		  authorized contractor.
Design of TODS Signs
TODS signs shall be provided by the applicant and will be
			 installed on a metal post structure furnished and erected by the Department or
			 its authorized contractor. A maximum of four (4) TODS signs shall be installed
			 on a single structure.
A. TODS signs
		  shall be 72 inches wide by 18 inches high with reflective blue background and
		  reflective white legend, borders, and directional arrows. The TODS signs must
		  be professionally fabricated with reflective sheeting on an aluminum panel, and
		  must comply with Department specifications to be furnished to each applicant.
		  Logos may be reproduced in the colors desired by the applicant. Recreation or
		  service symbols shall be reflective white.
B. The TODS signs will contain space for two
		  (2) lines of legend in six (6) inch letters, a directional arrow, and distance
		  to the activity. Lettering will be in accordance with Department specifications
		  except when the style of lettering for a business name is a trademark. In all
		  cases, the lettering shall be reflective white. The legend will be the activity
		  name only; however, appropriate service or recreational symbols and logos may
		  be used if reduced to appropriate size. Promotional advertising and symbols or
		  logos resembling official highway signs or traffic control devices are
		  prohibited.
C. When approved
		  symbols and logos are used, they shall not exceed the height or the two lines
		  or word legend. If used with a word legend, the symbol or logos will be placed
		  to the left of the word legend. Times of operation may be displayed on the TODS
		  sign if deemed necessary by the Department for the convenience of the motorist.
		  When times of operation are displayed, they must be incorporated in the two
		  lines of legend.
TODS Sign Installation
TODS signs normally will be installed in rural areas a minimum of
			 200 feet in advance of the intersection while maintaining a minimum of 200 feet
			 between TODS signs and other official traffic control devices.
A. No more than two (2) TODS sign structures
		  (one for activities to the left; one for activities to the right) should be
		  installed at any intersection approach. One additional sign structure may be
		  installed if needed to accommodate TODS for activities in the ahead
		  direction.
B. The right turn TODS
		  structure shall be the closest to the intersection with the left turn TODS
		  structure being the farthest in advance of the intersection.
C. The advance TODS sign "1/2 mile" or "Next
		  Right (or Left)" will not normally be used unless the Department determines
		  that it is needed for highway safety purposes.
D. Where the number of activities to be
		  signed is four (4) or less at any one intersection, the TODS signs for right or
		  left activities may be combined on one TODS sign structure. On a combination
		  structure, the TODS signs will be arranged with the left arrows at the top and
		  the right arrows below.
E. Lateral
		  clearance for TODS signs shall be equal to or greater than the other guide
		  signs at the intersection.
Procedures
The Department's Beautification Section of the Environmental
			 Division will be responsible for the administration and fee collection for the
			 TODS Signing Program. The Beautification Section will provide application
			 forms, rules and regulations, fee schedules, and design and specification
			 standards to all interested parties. Applications will be submitted to:
Beautification Section
Environmental Division
Arkansas State Highway and Transportation
			 Department
P.O. Box 2261
Little Rock, Arkansas 72203
Telephone Number: (501) 569-2088
A.
Installation.
The Department
		  or authorized contractor will be responsible for the erection and maintenance
		  of the TODS sign structures.
B.
Cost
. TODS signs shall be furnished to the Department in
		  accordance with Department specifications. The TODS signs shall be furnished by
		  the businesses or activities at no cost to the Department. The Department will
		  provide information to applicants pertaining to sign companies that manufacture
		  TODS signs.
C.
Replacement
. Upon notice from the Department, businesses or
		  activities will provide new TODS signs to replace signs which become faded,
		  damaged, destroyed or otherwise need replacement as determined by the
		  Department. The replacement signs will be provided at no cost to the
		  Department.
D.
Selection of
		  eligible businesses, activities, or sites
. The Department will notify
		  potential qualifying tourist-oriented activities in writing and/or by public
		  notice in a newspaper of general circulation within the county where the TODS
		  intersections are located. If there is not enough space on TODS sign structures
		  to accommodate all businesses, activities, or sites that desire to display
		  signs, those businesses, activities, or sites closest to the particular
		  intersection will be selected. If subsequently, a business, activity, or site
		  exists or is constructed closer to the intersection then the one being
		  displayed on the TODS sign structure, the business, activity, or site on the
		  TODS sign structure may continue to display until such time as they no longer
		  desire to do so or fail to pay any applicable fees.
Fees
It is intended that the TODS Signing Program shall be
			 self-sustaining. Fees assessed by the Department shall be reviewed periodically
			 to determine their relationship to the cost of operation. Fees may be increased
			 or decreased by the Department as required to assure the program is
			 self-sustaining.
A.
Application
		  Fee
. An application fee of
$25.00 per intersection
per
		  business, activity, or site shall be submitted with each application for a TODS
		  Signing Permit.
B.
Initial
		  Installation Fee
. Upon approval of the TODS Signing Permit, the
		  applicant will be billed for the initial installation fee of
$50.00 per
		  TODS sign and per trailblazer sign to be installed on state highway
		  rights-of-way.
The initial installation fees will be payable within ten (10)
			 days of the permit date.
C.
Annual Fees
. Annual maintenance/administration fees of
$50.00 per TODS sign and per trailblazer sign on state highway
		  rights-of-way
will be payable in July of each year beginning with the
		  first July of the year following the TODS Signing Permit date.
D.
Special Fees
.
1. The fee to be assessed for the removal or
		  covering, including seasonal removal or covering, of TODS signs and trailblazer
		  signs on state highway rights-of-way is
$50.00 per sign
.
2. The fee to be assessed for the replacement
		  installation of TODS signs and trailblazer signs on state highway rights-of-way
		  is
$50.00 per sign
.