Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
189.337
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189.337 requires the Department of Highways
to establish standards for the placement of signs within highway right-of-way
of a public road. The Transportation Cabinet has promulgated
603 KAR
5:050 which deals with all traffic control devices by
incorporating the Manual on Uniform Traffic Control Devices by reference. The
Manual on Uniform Traffic Control Devices allows for the erection of tourist
oriented directional signs (TODS) to provide directional information for
tourist activities offering goods and services that are of significant interest
to the traveling public within certain parameters, but requires each
jurisdiction to establish policies for those areas not covered in the manual.
This administrative regulation sets forth the criteria to be followed in the
erection and maintenance of TODS. The criteria included in this administrative
regulation are consistent with the guidelines set forth in the Manual on
Uniform Traffic Control Devices.
Section
1. Definitions.
(1) "Clear zone"
means the area between the edge of the driving lane of a public road and an
imaginary line running parallel to the road but thirty (30) feet (9.12 meters)
away from the road.
(2)
"Contractor" means the entity selected by the Department of Highways pursuant
to KRS Chapter 45A and 600 KAR Chapter 6 to administer the tourist oriented
directional signs program in Kentucky. The activities of the contractor shall
include but not be limited to marketing, determination of business eligibility,
maintenance, erection and removal of the information panels and TODS.
(3) "Contractor year" means July 1 through
the following June 30.
(4) "Cover"
means a protective shield over a TODS sign which prohibits viewing of the
sign.
(5) "Department" is defined
by
KRS
189.010(1).
(6) "Eligibility distance" means the distance
from the at-grade intersection of the state highway at the point where the
directional sign is located to the entrance driveway to the business.
(7) "Fully-controlled access highway" means a
highway that:
(a) Gives preference to through
traffic;
(b) Has access only at
selected public roads; and
(c) Does
not have a highway intersection or at-grade crossing.
(8) "Illegal sign" means an advertising
device which has been determined to be illegal according to the provisions of
603 KAR
3:080.
(9)
"Information panel" means an official sign placed within the highway
right-of-way with space for one (1) or more individual TODS to be attached to
it and which may display the legend "TOURIST ACTIVITIES".
(10) "Intersection" is defined by
KRS
189.010(4).
(11) "Motorist service" means a place of
business or a business location providing gas, food, lodging, or camping
facilities or a combination thereof.
(12) "MUTCD" means the Federal Highway
Administration's Manual On Uniform Traffic Control Devices incorporated by
reference in
603 KAR
5:050.
(13) "Public road" means all state-maintained
roads other than interstate or parkway highways.
(14) "Ramp" means the on- or off-access road
from the interstate highway or parkway to or from the first public
road.
(15) "Shopping area" means a
group of ten (10) or more retail and other commercial establishments located
within close proximity of one another that employ a unifying theme carried out
by individual shops in their architectural design or their
merchandise.
(16) "Shopping mall"
means a group of retail and other commercial establishments that is 400,000
square feet or more and is planned, developed, owned, and managed as a single
property.
(17) "TOD trailblazer"
means a reduced-sized TODS used in areas where the speed limit is posted with a
limit of forty-five (45) miles per hour or less (seventy-two and four-tenths
(72.4) kilometers per hours) to direct the traveling public to a tourist
attraction.
(18) "Tourist activity"
means a public or private activity which provides a tourist attraction or
motorist service to the traveling public.
(19) "Tourist attraction" means:
(a) A cultural, historical, recreational,
agricultural, educational, or entertainment activity;
(b) A shopping mall or shopping area;
or
(c) A commercial activity which
is unique and local or indigenous in nature.
(20) "Tourist oriented directional sign" or
"TODS" means an individual tourist information sign paid for and owned by the
tourist activity and fabricated to the standards set forth in this
administrative regulation and located on an information panel on the
right-of-way of a public road. The TODS may provide the official name,
directional information, and distance to a specific tourist activity.
Section 2. General Provisions. The
Department of Highways shall control the erection and maintenance of
information panels and TODS in accordance with the MUTCD and the provisions of
this administrative regulation.
Section
3. Applications and Contracts for TODS.
(1) An application for an activity or
business to place a TODS or TOD trailblazer sign on an information panel shall
be made on an "Application for Highway Tourist Oriented Directional Signage
(TODS)" form prepared by the Kentucky Logos, Inc.
(2) The contract to be entered into between
the participating activity or business and the Department of Highways'
contractor shall be the "Highway TODS Program Agreement" form prepared by the
Kentucky Logos, Inc. Addenda to this form may be included in the contract if
appropriate.
Section 4.
Information Panels for TODS.
(1) General
requirements for information panels.
(a) The
information panels shall be located to:
1.
Take advantage of natural terrain;
2. Have the least impact on the scenic
environment; and
3. Avoid visual
conflict with other signs within the highway right-of-way.
(b) Information panels for TODS shall not be
erected:
1. On a fully-controlled access
highway;
2. On the on/off ramps of
a fully-controlled access highway;
3. Where there is insufficient space to
locate both other traffic control devices and the information panels;
4. So that the traffic is directed onto a
fully-controlled access highway; and
5. Except for TOD trailblazers, on those
sections of public road with a speed limit of forty-five (45) miles
(seventy-two and four-tenths (72.4) kilometers) per hour or less.
(c) Unprotected information panel
supports located within the clear zone shall be of a breakaway
design.
(d) An information panel
may be located laterally outside the normal longitudinal alignment of other
traffic control signs, but shall be erected within the highway
right-of-way.
(e) The location of
any other traffic control device shall at all times take precedence over the
location of an information panel.
(2) Intersection approach information panels.
(a) Information panels may be erected at the
approach of an intersection on a public road.
(b) Except as provided in paragraph (g) of
this subsection, each intersection approach information panel shall be located
at least 200 feet (sixty and eight-tenths (60.8) meters) from the
intersection.
(c) Except as
provided in paragraph (g) of this subsection, an intersection approach
information panel shall be spaced at least 200 feet (sixty and eight-tenths
(60.8) meters) from any other traffic control device including another
intersection approach information panel.
(d) A separate information panel shall be
installed for each of the directions of traffic on an approach to an
intersection at which TODS will be placed for the identification of tourist
activities. The directions of traffic are the following:
1. A right turn;
2. A left turn; and
3. No turn if the activity or business is
located ahead if allowed by the provisions set forth in Section 6 of this
administrative regulation.
(e) In the direction of traffic, the order of
placement for separate information panels shall be for facilities to the left,
to the right and straight ahead.
(f) If the AHEAD sign is used pursuant to the
provisions of Section 6 of this administrative regulation, an attempt shall be
made to locate it to the far right corner of the intersection, but it shall not
obstruct the driver's critical viewing of other traffic control
devices.
(g) The spacing
requirements set forth in paragraphs (b) and (c) of this subsection may be
waived by the State Highway Engineer's Office if, based on sound engineering
judgment, it is determined that the intersection can safely accommodate the
reduced spacing.
(3)
Advance information panels.
(a) Advance
information panels may be installed only in situations where sight distance,
intersection vehicle maneuvers or other vehicle operation characteristics
require advance notification of the service to reduce vehicle conflicts and
improve highway safety;
(b) The
last of the advance information panels to be driven past shall be located at
least one-half (1/2) mile (eight-tenths (0.8) kilometers) from the
intersection.
(c) Advance
information panels shall have a minimum of 800 feet (243.2 meters) between the
panels.
(d) A separate advance
information panel shall be installed for each of the directions of traffic on
and prior to the approach to an intersection at which TODS will be placed for
the identification of tourist activities. The directions of traffic are the
following:
1. A right turn;
2. A left turn; and
3. No turn if the activity or business is
located ahead and if allowed by the provisions set forth in Section 6 of this
administrative regulation.
(e) In the direction of traffic, the order of
placement for separate advance information panels shall be for facilities to
the left, to the right and straight ahead.
(f) If the AHEAD sign is used pursuant to the
provisions of Section 6 of this administrative regulation, an attempt shall be
made to locate it to the far right corner of the intersection, and it shall not
obstruct the driver's critical viewing of other traffic control
devices.
Section
5. TODS Design and Composition.
(1) Each TODS shall:
(a) Be rectangular in shape;
(b) Have a white legend and border on a blue
background;
(c) Have reflective
legends, arrows, backgrounds and borders; and
(d) Contain the name of the business in not
more than two (2) lines of legend which shall not include promotional
advertising.
(2) Each
TODS on an intersection approach information panel shall have:
(a) A separate directional arrow as set forth
in Section 2D-8 of the MUTCD;
(b)
The distance to the activity or business shown beneath the arrow;
(c) Arrows pointing to the right at the
extreme right of the TODS; and
(d)
Arrows pointing to the left or up at the extreme left of the TODS.
(3)
(a) The arrangement of the tourist oriented
directional signs on the advance information panel shall be the same as the
arrangement on the intersection information panel except the directional arrows
and distance shall be omitted.
(b)
The appropriate legend NEXT RIGHT, NEXT LEFT, or AHEAD in letters of the same
letter height as the other word messages shall be placed on the information
panels above the TODS.
(c) The
legend "RIGHT X MILE", "LEFT X KILOMETERS", or similarly worded legend may be
used if there are intervening minor roads.
(4) More than four (4) TODS shall not be
installed on a single information panel.
(5) TODS shall be arranged vertically on an
information panel and if appropriate located so that the right turn signs are
closer to the intersection. If not more than four (4) TODS are to be installed
on an approach to an intersection, the TODS may be combined on the same
information panel with the TODS for left turns placed above the TODS for right
turns.
(6) The standard lettering
for tourist oriented directional signs shall be in upper case letters of the
type provided in the "Standard Alphabets for Highway Signs" book. Capital
letters shall be six (6) inches (152.4 millimeters) in height. Spacing between
characters shall conform to the tables in the metric edition of "Standard
Alphabets for Highway Signs and Pavement Markings" published in 1966 by the
U.S. Department of Transportation.
(7)
(a) A
TODS sign shall not exceed seventy-two (72) inches (1828.8 millimeters) wide
and eighteen (18) inches (457.2 millimeters) tall.
(b) The TODS signs on the same information
panel shall all be the same width.
(c) The directional arrow with the distance
to the activity or business underneath shall not exceed sixteen (16) inches
(406.4 millimeters) wide and sixteen (16) inches (406.4 millimeters)
tall.
(d) There shall be a one (1)
inch (twenty-five and four-tenths (25.4) millimeters) white border surrounding
the sign and separating the directional arrow and legend.
(e) There shall be a one (1) inch
(twenty-five and four-tenths (25.4) millimeters) spacing between the border and
legend and two (2) inch (fifty and eight-tenths (50.8) millimeters) spacing
between lines of legend.
(f) The
maximum length of the legend shall be five feet four inches (5'4") (1.64
meters) per line.
(8)
Clearance of panels shall be governed by Sections 2A and 2D of the
MUTCD.
Section 6. AHEAD
Signing.
(1) The legend "AHEAD" may be used in
lieu of the up directional arrow set forth in Section 5(2)(d) of this
administrative regulation.
(2)
Signing for tourist activities in the AHEAD direction shall be considered only
under the following circumstances:
(a) There
is signing for a similar facility in either the right or left
direction;
(b) Through traffic is
not the normal traffic pattern; or
(c) The visibility of the establishment is
obscured until a motorist is within 800 feet (243.2 meters) of the
entrance.
Section
7. Trailblazer Signs.
(1) At
each turn required to be made by the traveling public when proceeding from a
TODS to the tourist attraction, a legal sign shall be in place directing the
turn.
This may be accomplished by purchasing an additional TODS or
TOD trailblazer sign.
(2)
The Transportation Cabinet, based on engineering judgment, shall establish the
size and location of each TOD trailblazer sign.
(3) The Transportation Cabinet shall approve
the proposed trailblazing route for each tourist activity seeking trailblazing
signs prior to the submission of the application for permit is required by
Section 16 of this administrative regulation.
Section 8. Tourist Activity Eligibility. A
tourist activity shall meet the following requirements to qualify for tourist
oriented directional signing. A TODS sign shall not be erected until the
tourist activity or site has been approved in accordance with this
administrative regulation.
(1) A tourist
activity shall be of significant interest to the traveling public. The types of
activities or sites which are of significant interest to the traveling public
are gas, food, lodging, camping, and tourist attractions, if at least one-third
(1/3) of the income or visitors at the tourist activity are derived during the
normal business season from visitors not residing within twenty (20) miles
(32.18 kilometers) of the activity.
(2) The tourist activity shall be open to the
general public during regular and reasonable hours, and not by appointment or
reservation only.
(3) Approval
shall not be granted if the tourist activity is using an illegal sign any place
in the Commonwealth of Kentucky.
(4) Each tourist activity shall comply with
all applicable local, state, and federal statutes and administrative
regulations including those prohibiting discrimination based on race, religion,
color, sex, age, disability, or national origin. Each tourist activity
identified on a tourist oriented directional sign shall provide assurance of
its conformance with all applicable federal, state or local laws and
administrative regulations. If a tourist activity is in noncompliance of any of
these laws or administrative regulations, it may be considered ineligible for
participation in this program and its signs may be removed, with no return of
any fees.
(5) The tourist activity
shall be conducted in an appropriate building or area. The activity shall not
be conducted in a building principally used as a residence unless there is a
convenient, separate and well-marked entrance or the tourist activity is a bed
and breakfast lodging. The building or area shall be maintained in a manner
consistent with standards generally accepted for that type of business or
activity.
(6) Any tourist activity
which operates on a seasonal basis shall make provisions with the department's
contractor to remove or cover the tourist activity's TODS sign during the off
season. The tourist activity shall in writing notify the department's
contractor at least thirty (30) days before the opening or closing
occurs.
(7) A TODS shall not be
displayed which would misinform the traveling public or is unsightly, badly
faded, or in a state of dilapidation. In these instances the business shall
make arrangements for a new TODS.
(8) The department shall have no
responsibility for business lost due to TODS or information panels becoming
temporarily out of service.
(9) The
display of the tourist activity sign on the department's TODS structure shall
not be considered an endorsement or recommendation by the State of Kentucky on
behalf of the tourist activity.
(10) To qualify for a "GAS" TODS sign, a
business shall:
(a) Be in continuous operation
at least twelve (12) hours per day, six (6) days a week, twelve (12) months a
year;
(b) Provide motor vehicle
fuel, oil, air and water;
(c) Have
restroom facilities, drinking water, and telephone available to the traveling
public; and
(d) Have an eligibility
distance of three (3) miles (4.83 kilometers) or less.
(11) To qualify for a "FOOD" TODS sign, a
business shall:
(a) Be in continuous operation
to serve two (2) meals a day, twelve (12) hours a day, six (6) days a week,
anytime the TODS sign is displayed;
(b) Provide a telephone and restroom
facilities for the traveling public; and
(c) Have an eligibility distance of three (3)
miles (4.83 kilometers) or less.
(12) To qualify for a "LODGING" TODS sign, a
business shall:
(a) Have off-street parking
and at least two (2) rooms for sleeping accommodations;
(b) Be in operation anytime the TODS sign is
displayed;
(c) Have an eligibility
distance of fifteen (15) miles (24.14 kilometers) or less; and
(d) Have a private bathroom for each sleeping
room with the exception of bed and breakfast establishments.
(13) To qualify for a "CAMPING"
TODS sign, a business shall:
(a) Have a
minimum of ten (10) individual campsites and parking space for each;
(b) Have modern sanitary facilities and
telephone available to its guests;
(c) Be in continuous operation for the time
the sign is displayed; and
(d) Have
an eligibility distance of fifteen (15) miles (24.14 kilometers) or
less.
(14) To qualify
for a "TOURIST ATTRACTION" TODS sign, a business or activity shall:
(a) Be open a minimum of eight (8) hours a
day, five (5) days a week, one (1) of which is a weekend, any time the TODS
sign is displayed;
(b) Have
adequate parking for the facility with a minimum of fifteen (15)
spaces;
(c) Be listed on the state
or national Register of Historic Sites if the tourist attraction is a historic
site; and
(d) Have an eligibility
distance of fifteen (15) miles (24.14 kilometers) or less.
Section 9. Priority of Eligible
Tourist Activities. At an intersection with insufficient space available to
accommodate all of the applications for TODS:
(1) The first priority shall be any tourist
attractions. Any motorist services shall have second priority according to sign
type with preference shown in the following order:
(a) "Camping";
(b) "Lodging";
(c) "Food"; and
(d) "Fuel".
(2) Any tourist attractions, including
seasonal, shall have priority if they are located in a building or district
which is on the state or national Register of Historic Sites.
(3) The next tourist activity priority shall
be any year-round facilities having a higher priority than any seasonal
facilities.
(4) The last
prioritization factor for any tourist activity shall be the distance from the
intersection with priority given to the applicant which is located closest to
the intersection.
Section
10. Bumping. A nonparticipating tourist activity with a higher
priority established pursuant to Section 9 of this administrative regulation
than one (1) which already has a tourist activity sign displayed on a fully
utilized information panel may apply to have its sign displayed at the
beginning of the next contract year, if it files an application by April 1. The
tourist activity with the lowest priority shall have its TODS removed at the
end of the contract year.
Section
11. Changes.
(1) When a
participation business changes ownership, a new contract shall be signed at no
additional cost to the business for the remainder of the contract
year.
(2) When a participating
business is sold and the new owner changes its name, if the new owner wants to
continue on the program, a new application and contract shall be completed.
This is considered a new business and the applicant shall pay the annual fee,
prorated according to time remaining in the contract year.
(3) If a participating business changes its
name, a new application and contract may be completed.
(4) If a participating business changes its
name only, a new application and contract shall not be required.
(5) A reinstallation fee shall be charged for
the placement of a new TODS, if needed.
Section 12. Fees.
(1)
(a)
Except as provided by in paragraph (c) of this subsection, the qualifying
business shall pay to the department's contractor an annual fee of $216, in
advance, for each TODS placed on the right-of-way.
(b) Except as provided in paragraph (c) of
this subsection, the qualifying business shall pay to the department's
contractor an annual fee of $216, in advance for each TOD trailblazer placed on
the right-of-way.
(c) If the
qualifying business has a "tourist attraction" logo as set forth in
603
KAR 4:035, the annual fee for each TOD trailblazing
sign or TODS from the logo to the tourist activity shall be $150.
(2) The annual fee for the first
year shall accompany the initial application.
(3) The first year's annual fee may be
prorated on a monthly basis with each portion of a month the TODS is in place
on the information panel requiring payment of one-twelfth (1/12) of the
fee.
(4) The yearly renewal fee
shall be due forty-five (45) days prior to the annual renewal date.
(5) The payment of the initial or renewal fee
guarantees that the TODS or TOD trailblazer sign will be displayed for one (1)
contract year or portion of the first contract year as long as the business
does not violate any part of its agreement with the Department of Highways'
contractor and is approved by the Transportation Cabinet.
(6) If the signs for a seasonal tourist
activity are removed or covered by the department's contractor, a fee of $200
shall be charged for the removal or covering of all of the TODS or TOD
trail-blazer signs for the specific business.
(7) If the signs for a tourist activity are
removed for any reason, a fee of $200 shall be charged for the reinstallation
of all of the TODS for the specific business.
(8) The fee for the reinstallation, removal,
or covering of TODS shall be paid to the department's contractor within thirty
(30) days of the postmarked date of the invoice.
(9) The tourist activity shall be responsible
for damages to its TODS or TOD trailblazer signs caused by acts of vandalism or
natural causes which require repair or replacement of the TODS or TOD
trailblazer sign.
Section
13. Revocation or Suspension. The contract between the
department's contractor and the tourist activity may be revoked or suspended
if:
(1) The activity no longer meets the
eligibility requirements set forth in this administrative regulation;
(2) The owner or responsible operator of the
activity willfully makes a false, deceptive, or fraudulent statement in its
application or in other information submitted for review;
(3) The owner or responsible operator of the
activity or an agent thereof revises or modifies a TODS sign erected by the
department or its agents;
(4) The
owner or responsible operator of the business or activity has engaged in a
deceptive or fraudulent business practice;
(5) An illegal billboard advertising device
advertising the business is located in the state of Kentucky;
(6) Payment is not received on time or is
otherwise delinquent;
(7) The owner
or responsible operator of the business or activity fails to notify the
department's contractor of its seasonal closing; or
(8) The owner or responsible operator of the
business or activity is a habitual violator of the provisions of this
administrative regulation.
Section
14. Measurements.
(1)
Measurements taken to determine the qualifications or priority of tourist
activities shall be from the juncture of the center line of the highway,
measured between the center edges of the main traveled way of the route on
which the sign is to be placed and the center line of the crossroad.
(2) Measurements for the qualification of
tourist activities for display of TODS shall begin at the point of measurement
described in subsection (1) of this section to the nearest point of vehicle
travel to the exit from the crossroad to the particular tourist
activity.
Section 15.
TODS Contract.
(1)
(a) A TODS contract between a particular
tourist activity and the department's contractor shall be approved by the
Transportation Cabinet prior to the erection of the TODS.
(b) Each TODS and contract shall be subject
to review by the Transportation Cabinet at any time.
(c) Failure to comply with any of the
requirements of this administrative regulation including nonpayment by the
participating tourist activity shall be cause for the revocation of the TODS
contract.
(d) If the contract is
revoked for cause, the prepaid fees for the contract year or portion thereof,
shall not be refunded.
(2) If the Department of Highways or its
contractor determines that a tourist activity does not comply with the
requirement of this administrative regulation, the Department of Highways'
contractor shall notify the tourist activity in writing of the
violations.
(3) If the tourist
activity fails to comply with the requirements of this administrative
regulation within fifteen (15) days after receiving the notification, the
Department of Highways' contractor shall take immediate action to cancel the
contract and remove, replace, or cover the TODS.
Section 16. Permits. The Department of
Highways' contractor shall apply for an encroachment permit pursuant to
603 KAR
5:150 for each new information panel proposed to be
erected or removed from the state-owned right-of-way.
Section 17. Appeal of the Department of
Highways Action.
(1) Any business or person
aggrieved by the action taken by the Department of Highways or its contractor
in administering this administrative regulation may request a formal hearing
before the Commissioner of the Department of Highways.
(2) The request for the formal hearing shall:
(a) Be filed in writing with the Commissioner
of the Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622;
and
(b) Set forth the nature of the
complaint and the grounds for the appeal.
(3) Upon request of a request for a hearing,
the general counsel of the Transportation Cabinet shall assign the matter to a
hearing examiner.
(4) The hearing
and subsequent procedures shall be conducted in accordance with the provisions
of KRS Chapter 13B.
Section
18. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Highway
Tourist Oriented Directional Signing (TODS)" form prepared by the Kentucky
Logos, Inc., February 1997 edition;
(b) "Highway TODS Program Agreement" form
prepared by the Kentucky Logos, Inc., February 1997 edition;
(c) The metric edition of "Standard Alphabets
for Highway Signs" published by the U.S. Department of Transportation, 1966
edition: and
(d) "Standard Highway
Signs," published by the U.S. Department of Transportation, 1979
edition.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Transportation Cabinet, Department of Highways, Division
of Maintenance, Permits Branch, 200 Mero Street, Mail code 3-9, Frankfort,
Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) The material in subsection (1)(a) and (b)
of this section also may be inspected, copied, or obtained, subject to
applicable copyright law, at the Kentucky Logos, Inc., Suite 6, State National
Bank Building, 305 Ann Street, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. The telephone number is 1-800-469-5646 or (502)
227-0802. The fax number is (502) 227-7286.
(4) The document incorporated by reference in
subsection (1)(c) of this section may be obtained from the Superintendent of
Documents, U.S. Government Printing Office, Washington, D.C. by referring to
document number 620-809/71.
STATUTORY AUTHORITY:
KRS
189.337