reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 7 - FEES › Section 16:41C-7.1 - Vegetation control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A $ 50.00 application fee shall be
				submitted with each new application for an off-premise outdoor advertising
				permit for a sign with a proposed advertising surface area of 100 square feet
				or less.
(b) A $ 200.00 application
				fee shall be submitted with each new application for an off-premise outdoor
				advertising permit for a sign with a proposed advertising surface area
				exceeding 100 square feet.
(c) No
				application fee will be charged for a change of name or address or no-fee
				permits.
(d) No refund will be made
				after an application for a permit has been filed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 7 - FEES › Section 16:41C-7.2 - Permit fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30
				days of the issuance of a notice of approval of an application for a new
				off-premise advertising permit, the applicant shall pay an annual permit fee to
				the Department. If the annual permit fee is not received within the 30-day
				period, the notice of approval shall be voided. The Department may extend the
				30-day period for good cause.
(b)
				The annual permit fee for each sign requiring a permit will be based upon the
				size of the approved advertising surface area as follows:
Advertising Surface Area In Square Feet
Over
Not More Than
Annual Permit Fee
0
100
$ 25.00
100
300
$ 70.00
300
600
$ 170.00
600
1,000
$ 460.00
1,000
$ 635.00
(c)
				The fee to renew a permit is the same as the annual permit fee.
(d) Permits issued for directional signs, and
				service club or religious signs meeting the requirements contained in N.J.A.C.
				16:41C-8 for those types of signs shall not require an annual fee and shall be
				considered no-fee permits.
1. No-fee permits
				shall continue to be valid provided the sign remains in conformance with the
				terms and conditions of the permit and the provisions of this
				chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 7 - FEES › Section 16:41C-7.3 - Name change or ownership transfer fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No fee is required to change the name
				under which a permit holder conducts business. To change the name under which a
				permit holder conducts business, the permit holder shall submit an application
				to the Department, as specified in (c) below, for each permit changed, within
				30 days of the name change.
(b) A
				fee of $ 10.00 is required to transfer each permit from one person to another.
				To transfer a permit from one person to another the following documents shall
				be submitted to the Department within 30 days of the transfer:
1. An application for each permit
				transferred, as specified in (c) below;
2. Written documentation that demonstrates
				the existing permit holder's consent to transfer the permit to the person
				acquiring the permit. Written consent shall be implied where the permit holder
				fails to respond to a notice issued pursuant to N.J.A.C. 16:41C-12 and the
				property owner's signature is provided on the new application form in addition
				to the information required in (c) below;
3. A license, if required by this chapter and
				not already on file with the Department; and
4. A disclosure statement as required by this
				chapter, unless already on file with the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A sign shall be
				considered an off-premise sign used for the purpose of the business of outdoor
				advertising in the following circumstances:
1. If the property owner or sign owner
				receives compensation for the use of the sign. However, if the payment of
				compensation for the use of the sign is a condition of a bona fide and
				principal use of the property and the compensation is paid by the entity whose
				use or activity is displayed on the sign, the sign shall be considered an
				on-premise sign; or
2. If a sign
				consists principally of brand name or trade name advertising and the product or
				service advertised is only incidental to the principal activity, conducted on
				the premises where the sign is displayed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.2 - Directional signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Activities or attractions eligible for
				directional signing shall be limited to natural wonders, scenic attractions,
				historical attractions, educational, cultural, scientific and religious
				institutions or activities, and outdoor recreational areas.
(b) To be eligible, privately-owned
				attractions or activities must be nationally or regionally known and of
				outstanding interest to the traveling public. Final determination of
				eligibility shall be made by the Commissioner.
(c) The message on directional signs shall be
				limited to the identification of the attraction or activity and directional
				information which is useful to the traveler in locating the attraction.
				Superfluous information or pictorial or photographic representation of the
				activity or its environs shall be prohibited.
(d) Directional signs shall not exceed 20
				feet in length, width or height, or 150 square feet in area including border,
				trim, cutouts and extensions, but excluding decorative bases and
				supports.
(e) Each location of a
				directional sign shall be submitted to the Department for approval.
(f) A directional sign shall not be located
				within 2,000 feet of an interchange or intersection at grade along a limited
				access highway.
(g) Directional
				signs shall not be located within 2,000 feet of any of the following areas or
				sites which are adjacent to limited access highways or within 500 feet of any
				of the following areas or sites which are adjacent to non-limited access
				highways:
1. Scenic areas designated as such
				by the Commissioner or other State agency having and exercising such
				authority;
2. Safety rest
				areas;
3. Informational
				sites;
4. Scenic corridors;
				or
5. Scenic byways.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.3 - Service club and religious signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No more than
				one service club or religious sign shall be erected on each side of a highway
				and shall be located outside the Department's right-of-way.
(b) Such signs shall be located no further
				than two miles from the organization or activity and shall not exceed eight
				square feet in area.
(c) No sign
				shall be located within 2,000 feet of an interchange or intersection at grade
				along a limited access highway (measured along the highway from the nearest
				point of the beginning or ending of pavement widening at the exit from or
				entrance to the main traveled way).
(d) No sign shall be located within 500 feet
				of any of the following areas or sites adjacent to the highway:
1. Scenic areas designated as such by the
				Commissioner or other State agency authorized to make such
				determinations;
2. Safety rest
				areas;
3. Informational
				sites;
4. Scenic corridors; or
5. Scenic byways.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.4 - School bus stop shelter signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Signs shall be
				allowed on school bus stop shelters at locations approved by the governmental
				agency, authority, or subdivision having jurisdiction over the highway along
				which the shelter is located.
(b)
				Signs on school bus stop shelters are not permitted adjacent to the Interstate
				System or any limited access highway or within the right-of-way of any highway
				under the jurisdiction of the Department.
(c) A maximum of two signs may be installed
				on a school bus shelter, one each on the opposite side walls of the shelter.
				The advertising surface area of each sign face shall not exceed 32 square feet.
				Fifty percent of the advertising surface area of each sign face on a school bus
				shelter that is visible to a highway in the Primary System must be comprised of
				safety slogans or messages unless the sign is located at a site that complies
				with the zoning, spacing, and other requirements of this chapter for the
				issuance of a permit for an off-premise sign.
(d) A permit for a school bus stop shelter
				sign may be issued in any area regardless of whether the site complies with the
				zoning, spacing, and other requirements of this chapter for off-premise
				signs.
(e) A multi-message sign
				shall not be allowed on a school bus stop shelter that is located within any
				public right-of-way. A multi-message sign shall be allowed if it is located at
				a site that complies with the zoning, spacing, and other requirements of this
				chapter for a multi-message off-premise sign.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.5 - Off-premise signs on State property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner shall determine the number of square feet of advertising space
				authorized on off-premise signs that have received permits pursuant to
27:5-5
et seq., which
				were in effect on June 29, 2004, and are located on property owned or
				controlled by a State entity.
(b)
				The total number of square feet of advertising space authorized for off-premise
				signs on property owned or controlled by each State entity after June 29, 2004,
				shall not exceed the total number of square feet as determined by the
				Commissioner pursuant to (a) above.
(c) If the Department determines that the
				permit application appears to meet the regulatory requirements, but there is
				insufficient remaining authorized advertising space to allow the issuance of
				the new permit, it shall so notify the applicant. If the applicant does not
				establish sufficient authorized advertising space within 30 days, the
				application shall be deemed denied.
(d) The limitation on the total square
				footage of advertising space authorized on off-premise signs on property owned
				or controlled by each State entity after June 29, 2004, shall not include
				outdoor advertising signs on transit bus shelters or on railroad station
				platforms.
(e) The determination
				made pursuant to (a) above may be amended to reflect the existence of any
				off-premise sign that is lawfully erected in accordance with its permit and
				which is located on real property acquired by a State entity after June 29,
				2004.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.6 - Transit bus shelter signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No permit for a
				sign on a transit bus shelter may be issued, other than a conditional permit,
				until there has been a public hearing affording the opportunity for public
				comment. Documentation of a public hearing shall be submitted with any
				application for an outdoor advertising permit on a transit bus
				shelter.
(b) The shelter must be
				erected and maintained with the express permission of the governing authority
				of the public property on which the shelter is located. For shelters located
				within Department right-of-way, this shall be evidenced by a highway occupancy
				permit, pursuant to N.J.A.C. 16:41.
(c) Signs on a transit bus shelter shall be
				installed on one wall of the shelter with two sign faces back-to-back or one
				wall with three sign faces in a triangular configuration. No sign face shall
				exceed 24 square feet in area. No signs shall be placed on the back wall of the
				shelter.
(d) A multi-message sign
				shall not be allowed on a transit bus shelter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.7 - Bike share signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No permit for a sign on a bike share
				station may be issued, other than a conditional permit, until there has been a
				public hearing affording the opportunity for public comment. Documentation of a
				public hearing shall be submitted with any application for an outdoor
				advertising permit on a bike share station.
(b) The sign must be erected and maintained
				with the express permission of the governing authority of the public property
				on which the bike share is located. No signs or bike share stations will be
				permitted within the Department's right-of-way.
(c) All bike share signs shall be physically
				attached to the bike share station. No permit shall be issued for any structure
				that is not attached and within five feet of a bike share station.
(d) Bike share signs shall be installed on
				one sign structure with two sign faces back-to-back or one wall in each
				traveling direction of the structure for a maximum of two signs visible to the
				travelling public. No sign face shall exceed 24 square feet in area. No signs
				shall be placed on the back wall of the bike share station.
(e) A multi-message sign shall not be allowed
				on a bike share station.
(f) No
				sign shall be constructed less than 300 feet from a transit bus shelter. In all
				instances, transit bus shelter applications shall have a priority of location
				over bike share station sign applications.
(g) A permit for a bike share sign may be
				issued in any area regardless of whether the site complies with the zoning
				requirements of this chapter.
(h)
				The minimum spacing between permitted bike share station signs shall be 300
				feet.
(i) Private bike share
				stations which allow advertising must comply with all applicable provisions of
				this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.8 - Off-premise signs on bridges or overhead structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Off-premise signs within the highway right-of-way shall be prohibited on any
				bridge, overpass, building, or other structure that spans a highway or ramp,
				except as provided in (b) below.
(b) Off-premise signs shall be permitted on
				railroad bridges within the highway right-of-way that meet the following
				requirements:
1. The sign shall be maintained
				within the limits of the existing structural steel;
2. The sign shall not exceed the maximum
				dimensions for the specific highway; and
3. Each side of a railroad bridge shall be
				permitted separately and only one permit shall be issued per side.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 8 - OFF-PREMISE SIGNS › Section 16:41C-8.9 - Atlantic City Casino Recreation District

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within
				the Atlantic City Casino Recreation District (District), the following
				requirements shall apply:
1. Off-premise
				signs erected within the District that are visible to any portion of an
				interstate highway or other limited access highway, shall be subject to all of
				the provisions of this chapter, including the provisions of 16:41C-8.1(d),
				except that the minimum spacing between permitted sign locations shall be 500
				feet.
2. Off-premise signs erected
				within the District that are visible to any portion of a non-limited access
				highway on the Primary System shall comply with the provisions of this chapter,
				including the provisions of 16:41C-8.1(e).
3. All other off-premise signs erected within
				the District shall comply with the provisions of this chapter, including the
				provisions of 16:41C-8.1(f).
4. The
				provisions of (a)1 through 3 above shall apply, provided that the sign complies
				with all land use and sign control ordinances in effect in the
				District.
5. In the absence of any
				land use and sign control ordinances in effect in the District, all provisions
				of this chapter shall apply.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 9 - ON-PREMISE SIGNS › Section 16:41C-9.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				16:41C-1.2(c), a
				sign that meets the definition of an on-premise sign shall not require the
				issuance of an outdoor advertising permit.
(b) Along interstate highways, not more than
				one on-premise sign per direction of travel shall be erected at a distance
				greater than 50 feet from the advertised activity. Such signs shall not exceed
				150 square feet in area. If, however, such property fronts on more than one
				street, one sign may be erected on each street frontage.
(c) When the advertised activity is a
				business, commercial, or industrial land use, the sign distance shall be
				measured from the regularly used buildings, parking lots, ingress and/or egress
				driveways, storage, or other structures that are essential and customary to the
				conduct of the business.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 9 - ON-PREMISE SIGNS › Section 16:41C-9.2 - Public identification signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No more than one public identification
				sign shall be erected on each side of a highway within the boundaries of the
				identified governmental entity.
(b)
				A multi-message sign shall not be allowed on any public identification sign
				that is located within a public right of way.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 9 - ON-PREMISE SIGNS › Section 16:41C-9.3 - Public utility signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner shall determine the size, spacing, lighting, location, and the
				number of public utility signs, notices, or markers on limited access and
				non-limited access highways, essential to the operation of a public utility
				installation.
(b) In no event shall
				public utility signs exceed 10 feet in length, width, or height or 100 square
				feet in area, including border, trim, cutouts, and extensions, but excluding
				decorative bases and supports.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 9 - ON-PREMISE SIGNS › Section 16:41C-9.4 - On-premise signs on bridges or overhead structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On-premise signs within the highway
				right-of-way shall be prohibited on any bridge, overpass, building, or overhead
				structure that spans a highway or ramp, except as set forth in (b)
				below.
(b) An on-premise sign may
				be erected on railroad bridges within the highway right-of-way where it meets
				the following requirements:
1. The sign shall
				be maintained within the limits of the existing structural steel;
2. The sign shall not exceed the maximum
				dimensions for the specific highway;
3. The sign shall not be internally
				illuminated; and
4. The sign shall
				not be a multi-message sign.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 10 - NONCONFORMING SIGNS › Section 16:41C-10.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An existing nonconforming sign may remain
				at its permitted location provided that it meets the following conditions:
1. The sign was lawfully erected and is
				maintained in accordance with its approved permit;
2. The sign has not been removed, deemed
				abandoned by the Department, or totally destroyed; and
3. The support structure, sign faces,
				lighting, and location of the sign are the same as they were on the effective
				date of the adoption, revision, or amendment of the ordinance, statute, or
				regulation that rendered the sign nonconforming.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 11 - MULTIPLE MESSAGE SIGNS › Section 16:41C-11.1 - Off-premise multiple message signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Off-premise multiple message signs shall
				comply with the provisions of this chapter and the following requirements:
1. Multiple message signs shall contain a
				default design that will freeze the sign in one position if a malfunction
				occurs;
2. The change from one
				display to the next shall be completely accomplished within the following
				interval and the entire display shall change at the same time: i. For
				electronic signs--one second or less; and ii. For mechanical signs--two seconds
				or less;
3. All displays shall
				remain fixed for an interval of at least eight seconds;
4. Multiple message signs shall not display
				any image that is flashing, animated, moves, or appears to move. No multiple
				message sign shall be illuminated by intermittent or moving light. The change
				of one multiple message display to the next display in accordance with (a)2
				above, shall not be a violation of this requirement;
5. The minimum spacing between multiple
				message signs shall be 3,000 feet. This requirement shall only apply to sign
				faces on the same side of the highway and visible in the same travel direction;
6. Multiple message signs shall
				not be placed within 800 feet, as measured along the edge of the pavement, of
				an official permanent variable electronic traffic sign, which is capable of
				displaying any message allowed by the MUTCD; and
7. No multiple message sign shall be operated
				so that the meaning of one display is continued on the next display.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 11 - MULTIPLE MESSAGE SIGNS › Section 16:41C-11.2 - On-premise multiple message signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following requirements apply to
				on-premise multiple message signs that are visible to any interstate or limited
				access highway.
1. All signs that are visible
				to traffic traveling in the same direction and erected on the same sign
				structure shall change simultaneously or otherwise be operated to assure that
				their collective operation does not impair the safe operation of a motor
				vehicle.
2. Signs shall remain
				fixed for the interval shown below. Where a sign has multiple components that
				are synchronized to create one display, it shall be considered as one sign.
i. For signs up to 1,200 square feet--eight
				seconds.
ii. For signs larger than
				1,201 square feet, but smaller than or equal to 2,500 square feet--six
				minutes.
iii. For signs larger than
				2,501 square feet--15 minutes.
3. The change from one display to the next
				shall be completely accomplished within the following interval and the entire
				display shall change at the same time:
i. For
				electronic signs--one second or less.
ii. For mechanical signs--two seconds or
				less.
4. Multiple
				message signs shall contain a default design that will freeze the sign in one
				position if a malfunction occurs.
5. Multiple message signs shall not display
				any image that is flashing, animated, moves, or appears to move. No multiple
				message sign shall be illuminated by intermittent or moving light. The change
				of one multiple message display to the next display in accordance with
				16:41C-11.1(a)2,
				shall not be a violation of this requirement.
6. Where signs are erected at different
				locations along the same highway, they shall be synchronized to assure that
				their collective operation does not impair the safe operation of a motor
				vehicle.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 11 - MULTIPLE MESSAGE SIGNS › Section 16:41C-11.3 - Multiple message signs within the Atlantic City Casino Recreation District

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				off-premise multiple message signs erected within the Atlantic City Casino
				Recreation District (District) shall comply with the provisions of
16:41C-8.8
.
(b) Off-premise multiple message signs
				erected within the District that are within 660 feet of the right-of-way and
				visible to any portion of an interstate highway or other limited access
				highway, or non-limited access highway on the Primary System shall comply with
				the provisions of this chapter including the provisions of
				16:41C-11.1(a)1 
				through 4.
(c) Off-premise multiple
				message signs erected within the District that are visible to any highway not
				described in (b) above, shall comply with
				16:41C-11.1(a)1.
(d) On-premise multiple message signs erected
				within the District are exempt from the provisions of
				16:41C-11.2.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 12 - VIOLATIONS, PENALTIES, AND ENFORCEMENT › Section 16:41C-12.1 - Notices, protests, and hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department determines that any
				person has committed a violation of any provision of this chapter, that the
				removal of a sign is required, or that a permit or license is to be revoked or
				suspended, the Department shall issue to that person a written notice. The
				notice shall indicate the reason for the Department's determination. Where a
				notice of violation is issued, a copy of the violation report shall be
				included. Any notice may be issued concurrently with another notice. Within 30
				days after receipt of the notice, that person shall:
1. Correct the violation;
2. Remove the sign or signs; or
3. File a written protest with the Office of
				Outdoor Advertising Services at the address found at
				16:41C-1.3 stating the reason for
				protest and requesting either an informal hearing before the Office of Outdoor
				Advertising Services or a formal hearing before the Office of Administrative
				Law, or both.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 12 - VIOLATIONS, PENALTIES, AND ENFORCEMENT › Section 16:41C-12.2 - Causes for revocation of license or permit or for suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license may
				be revoked for any of the following reasons:
1. Whenever any statement made in the license
				application or in the disclosure statement is materially false;
2. Whenever the licensee has failed to submit
				a disclosure statement pursuant to
16:41C-5.4
; or
3. Whenever, in the case of a violation of
				this chapter, penalties remain unpaid after all legal appeals have been
				exhausted.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 12 - VIOLATIONS, PENALTIES, AND ENFORCEMENT › Section 16:41C-12.3 - Removal provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				addition to the imposition of penalties as provided for in this chapter, any
				sign which is cited for an offense of this chapter that has not been corrected
				within 30 days from the receipt of a notice of violation, or for which the
				removal of the sign is otherwise required shall be removed within 30 days of
				the receipt of a notice of removal. A notice of removal may be issued
				concurrently with any other notice.
(b) The filing of a written protest of any
				notice in accordance with this subchapter shall stay the removal of the sign
				until the issuance of the final agency decision unless the Department
				determines that the violation is egregious or constitutes a danger to public
				safety. In determining if the violation is egregious, the Department shall
				consider whether the violation was either intentional or accidental, whether or
				not the violator has a history of repeat violations, and the nature of the
				violation.
(c) A sign shall be
				completely removed, including the disposal of debris, within 30 days of the
				receipt of the Department's final agency decision.
(d) If a sign is not removed and disposed of
				as ordered, the Commissioner may authorize entry upon the property to remove
				the sign without further notice. Entry onto the property and removal of the
				sign shall be without liability to the Commissioner and his or her agents. The
				cost of removal or $ 500.00, whichever is greater, may be recovered against the
				owner of the sign either in a separate legal action or in addition to any
				penalties owed as determined by the Commissioner or court of competent
				jurisdiction.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 12 - VIOLATIONS, PENALTIES, AND ENFORCEMENT › Section 16:41C-12.4 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				erects, uses, or maintains any sign or authorizes the use of his or her name in
				connection therewith, in violation of any of the provisions of the State Act
				and this chapter, is liable to a per diem penalty of not less than $ 50.00, nor
				more than $ 500.00 for each day the sign remains in violation. However, except
				for cases where the violation is egregious, the maximum penalties assessed
				shall not exceed the gross income of the sign or $ 50.00 per day, whichever is
				greater.
(b) A penalty of not less
				than $ 50.00 shall be assessed for all violations. Penalties and per diem
				accumulation thereof provided for in (a) above, shall begin on the date of
				service of the notice of violation upon the person so noticed, unless the
				accumulation of penalties has been stayed by the Department. Penalties will
				cease to accumulate upon written notification to the Department that the
				violation has been corrected and contingent upon the Department's determination
				that the correction is satisfactory. If written notification of the correction
				is not submitted to the Department, penalties will continue to accrue until
				such time as the Department inspects the site and determines that the
				correction is satisfactory.
(c) In
				the interest of equity, the Commissioner shall have the power to abate all or
				any portion of penalties.
(d) In
				determining the amount of any penalty assessed, or to be assessed, for
				violating any rule contained in this chapter, the Commissioner shall consider,
				among other facts, the gross income of the sign, the egregiousness of the
				violation, whether the violation was intentional or accidental, whether the
				violator has a history of repeated violations, and the egregiousness thereof,
				and such other facts as will assist in arriving at a penalty commensurate with
				the violation.
(e) Penalties shall
				be paid in full within 45 days of the date of service of the final
				administrative decision. If a final administrative decision results from the
				operation of law, the violator shall pay all penalties within 45 days of that
				event. If the violator does not pay all penalties in full within these 45 days,
				the Department may take any action authorized by law, including action to
				record the judgment as a lien, to collect the payment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
Appendix
HIGHWAYS DESIGNATED AS SCENIC CORRIDORS
						BY THE DEPARTMENT
Starting
Ending
Scenic
						Corridor
Route
Milepost
Milepost
Miles
Delaware & Raritan Canal
						Viewshed
29
19.4
34.1
14.7
Delaware & Raritan Canal
						Viewshed
27
0
5.3
5.3
Delaware & Raritan Canal Viewshed
Subtotal
20.0
Highlands
15
6.8
14.2
7.4
Highlands
80
0
25.4
25.4
Highlands
287
12.9
38.7
25.8
Highlands
287
45.6
54.2
8.6
Highlands
206
78.3
88
9.7
Highlands
						Subtotal
76.9
Pinelands
49
42
52.8
10.8
Pinelands
50
8.4
17.4
9.0
Pinelands
70
19.5
37.5
18.0
Pinelands
72
6.5
11.8
5.3
Pinelands
73
0
5.9
5.9
Pinelands
206
3.7
9.8
6.1
Pinelands
						Subtotal
55.1
Sourlands
31
9.4
16.36
7.0
Sourlands
						Subtotal
7.0
Grand Total
159
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 1 - PURPOSE AND SCOPE › Section 16:41D-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to
				establish procedures and standards for participation in the Tourist Oriented
				Directional Signs (TODS) Program as administered by the New Jersey Department
				of Transportation (Department). This program enhances motorist safety and
				supports tourism by providing signs that identify facilities of particular
				interest to tourists and provides directional information to those
				facilities.
(b) TODS signs are
				placed along State highways to direct motorists to local attractions, services,
				and businesses located off the State system of highways and are erected in
				compliance with the Manual on Uniform Traffic Control Devices (MUTCD). These
				signs are not considered off-premise advertising, requiring compliance with
				N.J.A.C. 16:41C.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 1 - PURPOSE AND SCOPE › Section 16:41D-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The program will be implemented only on
				conventional roads and only on those routes and route segments that the
				Department has identified as available for TODS signs. A list of the routes is
				available in N.J.A.C. 16:41D Appendix, incorporated herein by reference, and
				online at
http://www.state.nj.us/transportation/business/signs/tods/
.
(b) The program will not be available on
				freeways, expressways, interstate highways, limited access highways, service
				roads to limited access highways, interchanges or conventional roads in urban
				areas.
(c) The TODS program
				complies with the standards of the Manual on Uniform Traffic Control Devices
				and is guided by sound engineering judgment. The eligibility of State highways
				is determined by the Department's Bureau of Traffic Engineering and Safety and
				is based on traffic volumes, speed, and location as guided by sound engineering
				judgment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 3 - ELIGIBILITY AND GENERAL REQUIREMENTS › Section 16:41D-3.1 - Eligible facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible facility shall:
1. Be a place that is primarily of interest
				to tourists including, but not limited to, a cultural site, a commercial
				tourism site, a recreational site, and a civic area;
2. Have 50 percent or more of their customers
				live outside the immediate area or shall receive 50 percent of their annual
				sales from people who live outside the immediate area. For the purposes of this
				chapter, the immediate area is the area within 10 miles of the facility as
				measured from the driveway of the facility to the centerline of the nearest
				State highway; and
3. Comply with
				all applicable laws, rules, and regulations concerning the provisions of public
				accommodations without regard to race, religion, color, age, sex, national
				origin, disability or other category protected by Federal or State law
				including, but not limited to, all required governmental licenses and
				permits.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 3 - ELIGIBILITY AND GENERAL REQUIREMENTS › Section 16:41D-3.2 - Participation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An eligible
				facility must satisfy the following general requirements:
1. Possess all valid licenses and permits
				necessary for its operation;
2.
				Have free public rest rooms or sanitary facilities available. This requirement
				does not apply to agri-tourism facilities;
3. Be open and available to the general
				public; and
4. Have received all of
				the relevant municipal approvals needed to allow it to provide the goods,
				services or activities, which establish its eligibility in the TODS
				program.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 3 - ELIGIBILITY AND GENERAL REQUIREMENTS › Section 16:41D-3.3 - Closure of a facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A facility may
				close for up to seven consecutive days in order to make repairs or to address
				an emergency with no changes to signs by the Department.
(b) If a facility is closed between seven and
				90 consecutive days, the Department will cover the TODS signs until the
				facility reopens.
(c) If a facility
				is closed for 90 consecutive days, the Department will permanently remove the
				signs. If there is a waiting list for this location, the next eligible facility
				from the waiting list will be admitted in accordance with NJ.A.C.
				16:41D-4.2.
(d) If a closed
				facility wants to be reinstated into the program, it must submit a new
				application. If a waiting list exists for the requested location, it will be
				placed on the list in the order that it was received, provided that the
				facility still meets the eligibility requirements of this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 3 - ELIGIBILITY AND GENERAL REQUIREMENTS › Section 16:41D-3.4 - General conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No facility that maintains a sign in
				violation of the Roadside Sign Control and Outdoor Advertising Act,
				27:5-5 et seq., or the rules
				promulgated pursuant thereto is eligible to participate in the TODS
				program.
(b) No TODS sign will be
				erected for a facility for which directional signs have been provided on the
				same State highway by the Department or other entities.
(c) No TODS sign, other than a straight-ahead
				sign, will be erected for a facility that has direct access to the State
				highway on which the intersection approach sign would be located. Direct access
				will be deemed to exist where the facility is located within a shopping center
				or other real estate development that itself has direct access to the State
				highway.
(d) No TODS sign will be
				erected, unless each intersection in the path to the facility can be marked by
				a trailblazer sign or other official highway sign. A private sign will not be
				sufficient to mark the path to the facility. Where a trailblazer sign must be
				erected in a right-of-way that is not under the jurisdiction of the Department,
				approval must be obtained from the governmental entity that has jurisdiction.
				If the governmental entity with jurisdiction does not grant approval for the
				sign, the TODS application will be denied.
(e) No TODS sign will be erected if the
				Department determines that the sign would cause an unsafe condition or an
				unnecessarily complex traffic maneuver.
(f) Sign panels for civic areas will be
				installed at the top of the intersection approach sign.
(g) Where both a TODS sign and a specific
				service sign would be needed at the same intersection, the design of the TODS
				signs shall be used, and the needed specific service information shall be
				incorporated therein in accordance with Section 2J.10 of the MUTCD.
(h) Distances for participation requirements
				will be measured from the intersection of the highway at which the intersection
				approach sign would be located to the driveway of the proposed facility.
(i) A facility requesting a
				straight-ahead intersection approach sign will only be allowed to participate
				in the TODS program when there is a sign for a similar business or activity in
				either the right or left direction and only if space is available on the
				existing structure. If a straight ahead sign is provided and space is
				subsequently required for a business or activity requiring a left or right
				turn, the straight ahead sign will be removed at the end of its contract
				duration. If there is more than one business with a straight ahead sign on the
				intersection approach sign and a straight ahead sign must be removed, the
				straight ahead sign of the business or activity furthest from the intersection
				will be removed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 4 - APPLICATION, APPROVAL AND PARTICIPATION PROCEDURES › Section 16:41D-4.1 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for participation in the TODS
				program, an eligible tourist-oriented business must complete an application on
				a form provided by the Department's vendor. Information regarding the
				application may be found on the Department's website at:
http://www.state.nj.us/transportation/business/signs/tods/
or can be obtained from the vendor.
(b) Applications shall include, but are not
				limited to, the following information: corporate or company name of applicant,
				address and phone number of applicant, contact person for the application, name
				and physical address of facility, and the requested location of the sign.
				Incomplete applications will be returned to the applicant.
(c) A single application may be submitted for
				two intersection approach signs for both directions of travel on a single
				roadway. A business or activity seeking intersection approach signs for
				multiple roadways must submit multiple applications.
(d) No application will be approved, unless
				the facility satisfies all requirements of this chapter and is in full
				operation.
(e) Facilities that are
				determined to be ineligible will be notified and may appeal the determination
				as set forth in this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 4 - APPLICATION, APPROVAL AND PARTICIPATION PROCEDURES › Section 16:41D-4.2 - Waiting list

Current through Register Vol. 56, No. 14, July 15, 2024
Where the number of approved applicants exceeds the spaces
				  available on a TODS sign, those who cannot be provided a space will be placed
				  on a waiting list. When a space becomes available, priority for admittance to
				  the program will be given to the earliest approved applicant.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 4 - APPLICATION, APPROVAL AND PARTICIPATION PROCEDURES › Section 16:41D-4.3 - General contract requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All approved
				applicants who elect to participate in the TODS program shall do so by entering
				into a contract with the vendor that has been approved by the Department. The
				applicant will be required to enter into a separate contract for each
				intersection and for each direction of travel.
(b) The contract will provide for the
				fabrication and erection of up to two intersection approach signs and all
				trailblazer signs that are needed to mark each intersection along the path to
				the facility.
(c) All contracts
				will terminate on a single date of the year, as specified by the Department. If
				the termination date would result in a contract duration of less than 12
				months, the contract duration will be the balance of the existing contract year
				and the next complete contract year. The cost of the contract will be the fee
				for the complete contract year and a prorated amount for the remaining months
				of the current year. The fees for the prorated year must be paid immediately
				and the fees for the next complete contract year shall be paid at the beginning
				of that year.
(d) A participating
				facility may elect to renew its contract each year if it has paid all fees,
				meets all eligibility requirements, and is not otherwise required to have its
				TODS signs removed pursuant to other provisions of this chapter or any other
				applicable law. When a participating facility does not meet all eligibility
				requirements for any reason, it may not renew its contract.
(e) The Department may terminate any
				contract, at its sole discretion, for its convenience or necessity. If the
				Department terminates a contract for convenience or necessity, it will only be
				liable for the pro-rata reimbursement of fees paid by the participating
				facility.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 5 - FEES › Section 16:41D-5.1 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Annual fees for each contract are as
				follows:
1. For one intersection approach
				sign and up to three trailblazer signs:
i.
				Regular facility - $ 800.00; and
ii. Non-profit, civic area or agri-tourism
				facility - $ 400.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 6 - DESIGN, CONSTRUCTION AND MAINTENANCE OF SIGNS › Section 16:41D-6.1 - Location and design of signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) TODS signs will
				be erected after the application has been approved, the contract is
executed and all fees have been paid by the participating
				  facility.
(b) TODS signs
				shall be designed, fabricated, located, and installed in accordance with the
				standards and guidance of the MUTCD, subject to the Department's engineering
				judgment.
(c) The Department may
				relocate an intersection approach sign or trailblazer sign for any reason, if
				it determines that the sign will be more effective at a new location.
(d) The content of the TODS sign cannot in
				any way compromise the safety of the driving public. All determinations as to
				the safety of the driving public shall be made at the sole discretion of the
				Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 6 - DESIGN, CONSTRUCTION AND MAINTENANCE OF SIGNS › Section 16:41D-6.2 - Seasonal facilities

Current through Register Vol. 56, No. 14, July 15, 2024
Except for agri-tourism facilities, any facility that is open
				  less than 16 consecutive weeks each year shall have a designation on its TODS
				  sign panel indicating that the facility is seasonal. This designation shall be
				  determined by the Department and will be uniform throughout the
				  State.