New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41D - TOURIST ORIENTED DIRECTIONAL SIGNS PROGRAM (TODS) › Subchapter 2 - DEFINITIONS › Section 16:41D-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the text clearly indicates
				  otherwise:
"Agri-tourism" means a style of tourism that offers
				  activities that occur on a farm and are related to the agricultural use of the
				  farm site, including, but not limited to: on-farm sales of agricultural
				  products directly to the consumer, such as roadside farm markets, community
				  farm markets, pick-your own operations, you-cut Christmas trees or wineries;
				  educational activities and tours; entertainment, such as corn mazes, hay rides,
				  seasonal festivals, petting zoo or haunted barns; and outdoor recreation and
				  lodging. This definition recognizes that agriculture includes a broad range of
				  activities including, but not limited to apiaries, aquaculture, fruits and
				  vegetables, grain, dairy, poultry, livestock, equine activities, nurseries and
				  greenhouses.
"Amusement park" means a commercially operated enterprise
				  that offers rides, games and other similar forms of entertainment. The term
				  includes theme parks and water parks.
"Civic area" means a particular public district, plaza or
				  place that has been officially designated by the State, county or municipality
				  such as, but not limited to, a defined main street, a historic village or
				  neighborhood, a downtown business district, a town center, an individual park
				  or a transit village.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person as the Commissioner may designate,
				  when legally permissible.
"Community farm market" means a market that exists primarily
				  for the direct sale of locally produced agricultural products by one or more
				  producers to the general public.
"Conventional road" means a multi-lane or divided State
				  highway where direct access is provided to adjoining properties. The term
				  excludes freeways, expressways, limited access highways, service roads to a
				  limited access highway, interchange ramps, urban streets, and any highway
				  segment having an access classification of Access Level (AL)-1 by the State
				  Highway Access Management Code, N.J.A.C. 16:47 Appendix B.
"Department" means the New Jersey Department of
				  Transportation.
"Golf course" means a tract of land designed for standard
				  play, par-3 play and/or driving ranges, but excluding a miniature golf
				  course.
"Historic site" means any district, site, building, structure
				  or object designated by the United States, the State of New Jersey, the county
				  or the municipality where the property is located as being significant in
				  American history, architecture, archaeology, engineering or culture.
"Interchange" means a system of interconnecting roadways that
				  provides for traffic movement between two or more highways that do not
				  intersect at grade.
"Intersection approach sign" means a TODS sign that is
				  erected on a conventional road for the purpose of displaying the panels that
				  describe and identify the participating facility and provides directional
				  information.
"Interstate highway" means a highway 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 of the United States Code.
"Limited access highway" means a highway 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 such
				  right-of-way, including any highway segment classified as AL-1 by the State
				  Highway Access Management Code, N.J.A.C. 16:47 Appendix B.
"Manual on Uniform Traffic Control Devices" or "MUTCD" means
				  the 2009 manual periodically published and revised by the United States
				  Department of Transportation, Federal Highway Administration, available from
				  the Superintendent of Documents, U.S. Government Printing Office, 732 North
				  Capitol Street, NW, Washington, DC 20401 or online at
http://mutcd.fhwa.dot.gov/
,
				  which is hereby incorporated by reference, as amended and supplemented.
"Natural attraction" means a publicly- or privately-owned
				  natural or naturalized place of scenic or natural importance as designated by
				  the State or the county or municipality in which it is located. Natural
				  attractions are facilities including, but not limited to, caves, hunting areas,
				  fishing areas, wildlife management areas, bird watching areas, riding trails
				  and hiking trails.
"Non-profit organization" means an organization that has
				  received an Internal Revenue Service determination that it is tax exempt under
				  26 U.S.C.
				  §
										501(c)(3) or a
				  successor provision, or any organization with a similar tax exemption.
"Park" means a natural or naturalized area of land for the
				  enjoyment of the public as designated by the State or the county or
				  municipality in which it is located. As used in this chapter, the term excludes
				  "theme park," "amusement park" and "athletic park."
"Public telephone" means a coin or card operated telephone on
				  site or in the immediate vicinity and which is available for public use during
				  all business hours.
"Re-fabrication and re-installation" means the work expended
				  to fabricate and install a new sign panel for an intersection approach sign
				  where the facility has elected to change the design of the panel.
				  Re-fabrication and re-installation does not mean the work expended to replace a
				  sign panel that has been knocked-down, damaged or is replaced as part of
				  customary maintenance.
"Restaurant" means a retail business, which, as its primary
				  use, prepares and sells meals, snacks or refreshments for immediate
				  consumption. A business, which, as its primary use, sells groceries or
				  pre-packaged food items including, but not limited to, convenience stores,
				  supermarkets or food courts, is not considered a restaurant.
"Specific service sign" means a sign erected in conformance
				  with the MUTCD, which identifies one or more of the following service types:
				  gas, food, lodging, camping, or attraction, and that displays logo sign panels
				  of eligible facilities that provide the identified type of service. Specific
				  service signs are placed along the main line of a highway.
"Straight-ahead sign" means an intersection approach sign
				  that identifies a facility that has direct access to the conventional road on
				  which the sign is located.
"TODS" means the Tourist Oriented Directional Signs
				  Program.
"Tourist oriented directional sign" or "TODS" means an
				  official guide sign with one or more sign panels that displays the business
				  identification of, and directional information for, tourist-oriented businesses
				  and activities that draw a major portion of their visitors or income from
				  outside the immediate area of the business or activity, pursuant to
				  N.J.A.C.
				  16:41D-3.1(a)2.
"Trailblazer sign" means a TODS sign, which is erected on
				  roads leading away from an intersection of a conventional road, which describes
				  the facility and provides directional information.
"Transit village" means any facility so designated by the
				  Commissioner of Transportation.
"Vendor" means a contractor procured by the Department to
				  implement TODS, pursuant to
				  27:7-21.1
				  2(a) and (b).
"Village" means any such civic place so designated by the
				  State, county or municipality in which it is located.
"Water-oriented business" means a facility whose primary
				  purpose is to provide services or activities that are dependent on a body of
				  water such as a bay, lake, ocean or river. A water-oriented business includes,
				  but is not limited to, the rental of watercraft, such as boats, canoes, kayaks
				  or jet-skis; the conduct of recreational activities, such as tours,
				  para-sailing, group fishing or chartered fishing; or the provision of a boating
				  facility to the general public, such as a marina, dock or boat launch. A
				  water-oriented business does not include a facility whose purpose is the
				  commercial sale of goods, merchandise or equipment that can be used on water,
				  such as the sale of clothing, boats, jet-skis, bait or other water related
				  items; nor does it include a boating facility that is not available for public
				  use.