New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 2 - DEFINITIONS › Section 16:41C-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Abandoned" means a sign, which displays an advertisement
				  that is more than six months obsolete, that displays an advertisement that is
				  not in good repair and is no longer visible, or that is missing components
				  necessary to display an advertisement. A sign in good repair displaying the
				  message "available" or other similar sales information shall not be considered
				  abandoned.
"Administrator" means the Administrator of Outdoor
				  Advertising of the New Jersey Department of Transportation.
"Advertisement" means a single message placed on a sign or
				  sign face . Subcomponents of a single message including, but not limited to,
				  the display of information regarding multiple products available at one store
				  or the identification of multiple locations of a particular store shall be
				  considered to be part of a single message.
"Advertising structure" means any rigid or semi-rigid
				  material, with or without advertisement displayed thereon, situated upon or
				  attached to real property outdoors, primarily or principally for the purpose of
				  furnishing a background or base or support upon which an advertisement may be
				  displayed.
"Advertising surface area" means the total surface area of a
				  sign face as measured by the smallest rectangle which will encompass the entire
				  area as indicated on the approved application and permit. All dimensions
				  include border, trim and cutouts, but exclude decorative bases and
				  supports.
"Agreement" means the Agreement between the U.S. Secretary of
				  Transportation and the Department establishing size, spacing and lighting
				  standards for effective control of outdoor advertising signs along interstate
				  and Federal aid primary highways as adopted in 1971 and as may be subsequently
				  amended.
"Application number" means the number assigned by the
				  Department to identify a specific application for an outdoor advertising
				  permit.
"Atlantic City Casino-Recreation District" means that area
				  within the city limits of the City of Atlantic City which is zoned RS-C (Resort
				  Commercial Development District), RS (Resort Service), CBD (Central Business
				  District), URT (Urban Renewal Tract) or Beach (boardwalk) as defined by the
				  City of Atlantic City.
"Beginning of pavement widening" means that point where a
				  highway begins to widen beyond the width of the main-traveled way, leading
				  toward an exit ramp or another highway.
"Bike share station sign" or "sign" means a sign on a bike
				  share station located on public property as part of a bike share program that
				  is sponsored by the governing authority that has jurisdiction over the roadway
				  on which the bike share station is located.
"Bike share station" means a structure that provides bicycles
				  at a self-service station sponsored by a governing authority with jurisdiction
				  over the roadway on which the station is located.
"Business of outdoor advertising" means the display of an
				  advertisement in exchange for any compensation or item or service of value
				  through the erection, use, or maintenance of a sign; or the display of an
				  advertisement by the permit holder, which consists of information other than
				  the business of the permit holder.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such persons as the Commissioner may designate,
				  when legally permissible.
"Customary maintenance" means all manner of repair or
				  maintenance of a permitted sign, which is done to keep the sign structurally
				  sound, in good repair, and in compliance with its approved permit. Customary
				  maintenance applies to all parts of a sign, including its foundation,
				  supporting structure, and sign face.
"Cutouts or extensions" means any attachment or addition to
				  the approved advertising surface area that increases the area of a display
				  beyond the approved sign face. Cutouts or extensions shall be included in
				  calculating the advertising surface area of a sign.
"Department" means the New Jersey Department of
				  Transportation.
"Directional signs" means signs containing directional
				  information about publicly owned places, natural phenomena, historic, cultural,
				  scientific, educational, and religious sites; or areas of natural scenic beauty
				  or naturally suited for outdoor recreation, deemed, by the Commissioner, to be
				  in the interest of the traveling public.
"Display" means a single message placed on a sign and shall
				  mean the equivalent of an advertisement.
"Embellishments" means objects, such as letters, figures or
				  other devices attached to the advertising surface area of a sign which create a
				  three-dimensional effect but do not extend beyond the vertical or horizontal
				  planes of the advertising surface area.
"Ending of pavement widening" means that point where a
				  highway returns to the width of the main-traveled way after the merging from an
				  entrance ramp or other highway.
"Establishment sign" means a sign that identifies the proper
				  name of a building or place that is used for public assembly, including, but
				  not limited to, an arena, athletic field, entertainment center, or stadium,
				  provided that the sign identifies the building or place by the proper name by
				  which it is marketed to the public and it does not identify constituent parts
				  of a building including, but not limited to, entrances, ticket windows,
				  individual floors, or stairwells.
"Federal law" means Section 131 of Title 23, United States
				  Code (1965)
(
				  23 U.S.C. §
											131 ),
commonly referred to as Title
				  1 of the Highway Beautification Act of 1965, and the Intermodal Surface
				  Transportation Efficiency Act of 1991, as amended and hereafter amended, and
				  regulations adopted pursuant thereto.
"Federal-aid primary highway" means any highway so
				  designated by the State pursuant to subsection (b) of Section 103 of Title 23,
				  United States Code.
"Ground structure" means any advertising structure or display
				  erected upon the ground, however supported thereon.
"Highway" means any road, thorofare, street, boulevard, lane,
				  court, trailway, right-of-way or easement used for, or laid out and intended
				  for public passage of vehicles or people.
"Incorporated municipalities" means cities, towns, townships,
				  villages, boroughs and any other municipal corporations of this State.
"Interchange" means a junction of two or more highways that
				  allows for the movement of traffic between such highways, typically by means of
				  one or more entrance and/or exit ramps.
"Interstate System" means those highways constructed within
				  this State and approved by the Secretary of Transportation of the United States
				  as an official portion of the National System of Interstate and Defense
				  Highways pursuant to the provisions of Title 23, "Highways" of the United
				  States Code, as amended.
"License" means the authority granted by the Department to
				  the license holder to engage in the business of outdoor advertising.
"Licensee" means any person, as defined by these rules, who
				  is the holder of any valid and unrevoked license to engage in outdoor
				  advertising business in this State.
"Limited access highway" means a highway, or any portion
				  thereof, especially designed for through traffic, over which abutters have no
				  easement or right of light, air, or direct access by reason of the fact that
				  their property abuts upon such limited access highway. For purposes of this
				  chapter, interstate highways, parkways, expressways, and freeways, including,
				  but not limited to, the Atlantic City Expressway, the Garden State Parkway, and
				  the New Jersey Turnpike, shall be considered limited access highways. The
				  determination of whether a highway or a portion thereof is a limited access
				  highway shall consider actual site conditions, and the classification of the
				  highway under the State Highway Access Management Code,
N.J.A.C.
				  16:47
.
"Main-traveled way" means the traveled way of a highway on
				  which through traffic is carried. In the case of a divided highway, the
				  traveled way of each separate roadway carrying through traffic is a
				  main-traveled way. The main-traveled way shall not include frontage
				  roads.
"Manual on Uniform Traffic Control Devices for Streets and
				  Highways" or "MUTCD" means the 2009 version of the manual issued by the U.S.
				  Department of Transportation, Federal Highway Administration, and is
				  incorporated herein by reference as amended and supplemented. The manual is
				  available on the Federal Highway Administration's website at
http://mutcd.fhwa/dot/gov/ or on the American Association of
				  State Highway and Transportation Officials (AASHTO) website at
http://bookstore.transportation.org/
.
"Multiple message sign" means a sign, which changes message
				  or copy electronically or by the movement or rotation of panels or
				  slats.
"Nonconforming sign" means a sign which fails to comply with
				  the requirements of the State Act and any rules promulgated pursuant thereto,
				  and which had been lawfully erected, pursuant to a valid outdoor advertising
				  permit, and maintained prior to the enactment, revision, or amendment of the
				  State Act and the rules promulgated pursuant thereto.
"Notice of approval" means a letter issued by the Department
				  to a permit applicant deeming an application approved.
"Official signs and notices" means signs and notices erected
				  and maintained by public officers or public agencies within their territorial
				  or zoning jurisdiction and pursuant to and in accordance with direction or
				  authorization contained in Federal, State, or local law for the purposes of
				  carrying out an official duty or responsibility. Historical markers authorized
				  by State law and erected by State or local government agencies or nonprofit
				  historical societies may be considered official signs.
"Off-premise sign" means any sign that does not meet the
				  definition of an on-premise sign or is not identified in
				  16:41C-1.2(c).
"On-premise sign" means a sign that identifies the proper
				  name of the business or place where the sign is located or which identifies an
				  actual bona fide and principal activity, product or service, or event that is
				  conducted, available, offered, or produced on the property where the sign is
				  located, including a sign that exclusively advertises the sale or lease of the
				  property on which the sign is located. The storage of supplies or materials on
				  the property does not indicate of itself an actual bona fide and principal
				  activity, product, or use of the property. When a sign consists principally of
				  a brand name or trade name advertising and the product or service advertised is
				  only incidental to the principal activity, or when it brings any compensation
				  to the property owner or to the owner of the sign, the sign shall be considered
				  an off-premise sign used for the purpose of the business of outdoor
				  advertising.
"Permit" means a certificate issued by the Department
				  authorizing the erection and maintenance of a sign at the location described
				  thereon. The issuance of an outdoor advertising permit does not supersede
				  municipal or other agency sign requirements or restrictions.
"Permit holder" means any person holding a valid and
				  unrevoked outdoor advertising permit.
"Permit number" means the number assigned by the Department
				  to identify a specific outdoor advertising permit. The permit number shall be
				  the same as the application number.
"Permit or outdoor advertising permit" means a permit issued
				  by the Department to allow the erection and maintenance of a sign of the
				  particular type and at the specific location described in the application. The
				  permit is comprised of an approved application, a notice of approval, and a
				  Department-issued letter granting conditional approval to erect and maintain
				  the sign, as appropriate. The issuance of an outdoor advertising permit does
				  not supersede the permit holder's obligation to obtain any municipal, county,
				  or State approvals that are required to erect and maintain the sign.
"Permitted location" means a place, spot, site, or space for
				  which an outdoor advertising permit has been duly issued for the erection and
				  maintenance of a sign without regard to whether the same has actually been
				  constructed, painted, or posted.
"Person" means any individual, group, corporation, limited
				  liability company, partnership, association, any public entity, as the context
				  may require, or combination thereof.
"Point of gore" means the point where the main-traveled way
				  and a ramp or another highway come together. Where a physical obstruction, such
				  as curb, guide rail, or impact attenuator, exists, the physical obstruction
				  shall be considered the point of gore.
"Prevalent land use" means the existing land use that is
				  predominant in an area that is within 800 feet of the sign location, on the
				  same side of the highway as the sign location, and within the same zoning
				  district as the sign location, if the area is zoned by State or local law, rule
				  or ordinance. All measurements shall be from the outer edges of the regularly
				  used buildings, parking lots, storage or processing and landscaped areas of the
				  commercial or industrial activities, not from the property lines of the
				  activities, and shall be along or parallel to the edge or pavement of the
				  highway. None of the following activities shall be considered an existing
				  business, industry, commerce, office, or trade land use in the determination of
				  the prevalent land use:
1. Outdoor advertising signs;
2. Agricultural, forestry, ranching, grazing, farming and
				  related activities, including, but not limited to, wayside fresh produce
				  stands;
3. Transient or temporary activities;
4. Activities not visible from the main traveled way;
5. Activities more than 660 feet from the nearest edge of the
				  right-of-way;
6. Activities conducted in a building primarily used as a
				  residence; and
7. Railroad tracks and minor sidings, pipelines, and electric
				  transmission lines.
"Premises" means that portion of the property wherein any
				  industry, commerce, business, occupation, trade or service is conducted.
"Primary system" means any highway on the National Highway
				  System or any highway on the Federal-aid primary system in existence on June 1,
				  1991.
"Protected area" means all areas inside the boundaries of
				  this State, which are adjacent to and within 660 feet of the edge of the
				  right-of-way of highways in the Interstate and Primary Systems, and those areas
				  inside the boundaries of this State, which are outside urban areas and visible
				  from such highways, but beyond 660 feet of the edge of the right-of-way of
				  highways in the Interstate and Primary Systems.
"Protected zone" means all areas inside the boundaries of
				  this State, which are adjacent to and within 660 feet of the edge of the
				  right-of-way of highways not in the Interstate and Primary Systems, and those
				  areas inside the boundaries of this State, which are outside urban areas and
				  visible from such highways, but beyond 660 feet of the edge of the right-of-way
				  of highways not in the Interstate and Primary Systems.
"Public identification sign" means a sign located on public
				  property that exclusively identifies the county, municipality, or district
				  where the sign is located.
"Public service signs" mean signs located off the
				  Department's right-of-way on school bus shelters that are authorized or
				  approved by city, county or State law, regulation or ordinance, and at places
				  approved by the city, county or State agency controlling the highway
				  involved.
"Public utility signs" means warning signs, information
				  signs, notices or markers which are customarily erected and maintained by
				  publicly or privately owned public utilities, as essential to their
				  operations.
"Public view" means the area visible to persons traveling or
				  operating motor vehicles at the legal speed limit on a highway.
"Religious notice signs" means the same as "service club and
				  religious signs."
"Safety rest area" means an area or site established and
				  maintained within or adjacent to the highway right-of-way and under public
				  supervision or control, for the convenience of the traveling public.
"Sale or lease sign" means a sign that exclusively
				  advertises the sale or lease of the property on which it is located.
"Same side of the highway" means that side of highway (right
				  or left) as determined by the direction of travel of a motor vehicle travelling
				  on the main travelled way of that highway, regardless of the existence of
				  medians, ramps, service roads, collector lanes, or other streets within the
				  highway's right-of-way.
"Scenic area" means any public park or area of scenic beauty
				  or historical significance, as designated by the Commissioner of Transportation
				  or other State agency having and exercising such control.
"Scenic byway" means any highway or portion thereof that has
				  been nominated and designated as a scenic byway by the Department.
"Scenic corridor" means any highway or portion thereof that
				  has been designated as a scenic corridor by the Department (see
N.J.A.C. 16:41C
Appendix, Table 1, incorporated herein by
				  reference).
"School bus stop shelter sign" means a public service sign
				  on a school bus shelter that is erected outside of the Department's
				  right-of-way at a bus stop that has been approved by the governmental agency,
				  authority, or subdivision having jurisdiction over the highway on which the bus
				  stop is located.
"Service area sign" means a sign in a facility that
				  is:
1. Within the right-of-way of a limited access
				  highway;
2. Under public supervision or control;
3. In continuous operation; and
4. Offers all of the following services to motorists using
				  the highway:
i. Vehicle services including air, fuel, and oil;
ii. Food, other than from vending machines;
iii. Public restroom facilities; and
iv. Public telephone.
No service area signs shall be erected along or be visible to
				  the main-traveled way or ramp of any highway.
"Service club and religious signs" means signs whose
				  erection is authorized by law, relating to the meetings of nonprofit service
				  clubs or charitable associations or religious services.
"Sign" means any structure including, but not limited to, an
				  advertising structure and sign face used outdoors and affixed to or upon
				  property to display messages and/or images within public view which is designed
				  to attract, or does attract, the attention of pedestrians or operators or
				  passengers of motor vehicles using the roads, highways, and other public
				  thoroughfares and places, and shall include any writing, printing, painting,
				  display, emblem, drawing, or other device whether placed on the ground, rocks,
				  trees, tree stumps or other natural structures, or on a building, structure,
				  signboard, billboard, wallboard, roofboard, frame, support, fence, or
				  elsewhere, and any lighting or other accessories used in conjunction
				  therewith.
"Signs on transit bus shelters" means signs on a shelter
				  located on public property at a stop on a designated bus route.
"Space or sign face" means the part of the sign where an
				  advertisement or display is placed or intended to be placed.
"Sponsorship sign" means a sign that identifies the primary
				  patron or guarantor of a musical, theatrical, athletic, or similar series or
				  event, which is a principal activity at the venue where the sign is located,
				  and which satisfies the following requirements:
1. The sign identifies the sponsor by its name and/or
				  business logo, but does not display any promotional information, such as, but
				  not limited to, a web site address, physical address, phone number, product
				  images, slogans, or location within the venue;
2. The sign identifies the particular series or event in the
				  manner in which it is marketed to the public; and
3. The sign is displayed only when the series or event is
				  marketed to the public through media outside of the venue.
"State Act" means the Roadside Sign Control and Outdoor
				  Advertising Act, P.L. 1991, c.413.
"State entity" means a State department or agency, board,
				  commission, corporation or authority.
"Static sign" means a sign, which does not change its
				  message or copy automatically, such as by electronic or mechanical
				  means.
"Supporting structure" means the structural elements of a
				  sign, which are intended to support the sign face. The supporting structure
				  shall include all bracing and supporting elements.
"Time, date, and temperature sign" means the display of the
				  current local time, date, temperature, or any combination thereof. Where a
				  time, date, and temperature sign is attached to, or part of, a sign, which is
				  used for off-premise advertising, it shall be considered part of the
				  advertising surface area of that sign. Time, date, and temperature signs shall
				  not be considered a multiple message sign.
"Totally destroyed" means the supporting structure of the
				  sign has been destroyed or has failed to the extent that it no longer supports
				  the sign face(s) as intended.
"Trade name" means the brand name, trademark, distinctive
				  symbol or any other device used to identify particular products or
				  services.
"Transit bus shelter sign" means a sign on a bus shelter
				  located on public property at a stop approved by the agency with jurisdiction
				  over the roadway on a designated transit bus route.
"Unzoned commercial or industrial areas" means those areas
				  which are not zoned by State or local law, rule or ordinance, and where the
				  prevalent land use is business, industry, commerce, office, or trade. The
				  granting of a use or any other variance by a local zoning or governing body
				  shall not change the zoning of the property as defined in these rules.
"Urban area" means a place designated by the U.S. Bureau of
				  the Census as having a population of 5,000 or more within boundaries to be
				  fixed by responsible State and local officials in cooperation with each other,
				  subject to approval by the Secretary of Transportation of the United States.
				  The boundaries shall, at a minimum, encompass the entire place designated by
				  the U.S. Bureau of the Census.
"Visible" means the advertisement can be seen and
				  comprehended without visual aid by persons traveling in the motor vehicle on
				  the highway.
"V-type construction" means a single structure having two
				  faces in the shape of the letter "V" when viewed from above, with the faces
				  oriented in opposite directions.
"Zoned commercial or industrial areas" means those areas
				  which are zoned for business, industry, commerce, office, or trade pursuant to
				  a State or local zoning ordinance or rule, or those areas other than areas
				  exclusively zoned for residential, agricultural, forest, conservation,
				  recreation, education or preservation where the prevalent land use is business,
				  industry, commerce, office or trade. The granting of a use or any other
				  variance by a municipal zoning board of adjustment or governing body shall not
				  change the zoning of the property as defined in these rules.