Current through September 17, 2024
The Department or the Agent shall give one public notice of intent to
erect Specific Informational sign panels at an interchange or intersection 90
days prior to accepting requests to place Business (Logo) signs on the panels.
Said notice of intent shall be published in a legal newspaper of the county or
counties where the signs will be erected. Said notice shall specify from whom
applications may be requested, and where or to whom said applications must be
submitted for consideration.
008.01
APPLICATION
008.01A Requests for space on the
informational sign panels may be submitted to the Department or the
Agent.
008.01B All requests must be
made by the owner or authorized representative of a qualified
business.
008.01C Each Specific
Informational sign or sign assembly shall be limited to no more than six
Business (Logo) panels. (See Illustration 3)
008.01D Where more than six businesses of a
specific service type are eligible for Logo sign panels at the same
interchange, additional Logo panels of that same specific service type may also
be displayed in accordance below:
008.01D1 No
more than 12 Business (Logo) sign panels of a specific service type shall be
displayed on no more than two specific service signs or sign
assemblies.
008.01D2 No more than
six logo sign panels shall be displayed on a single specific service sign.
008.01D3 No more than four
Specific Informational sign panels shall be displayed on any
approach.
008.01E In the
event that the requests to place Business (Logo) signs on informational sign
panels exceeds the available space, the following criteria shall be used to
determine the allocation of spaces on informational sign panels.
008.01E1 In all instances, those businesses
nearest to the interchange or intersection will be given priority. "Nearest,"
or "closer," as used herein, shall be determined as previously described in
Sections 003, 003.05 and
003.05A.
008.01E2 The first six
applications received from qualified applicants for fuel, food, lodging,
camping and attraction shall be selected to place their logo on the
informational sign if said applicants meet the minimum criteria set forth in
these regulations. The applications may be received by either the Agent or the
Department headquarters in Lincoln, Nebraska, whichever is designated in the
public notice required in Section 008.
008.01E3 Once the maximum number of similar
type businesses are posted on the informational sign panels at an interchange
or intersection, other similar type businesses closer to the interchange or
intersection shall have priority over the first applicant. The first applicant
shall have the right to occupy his or her space for one year from the date of
installation or rental period.
008.01E4 If Trailblazer signs are required
for a qualified business, they shall be installed at the same time or prior to
installing the Business (Logo) sign on the Specific Informational sign panels.
The Department or the Agent shall determine if Trailblazer signs are
necessary.
008.02 MAINTENANCE
008.02A The Department or the Agent shall
repair or replace within four weeks after damage occurs, any informational sign
panels that are destroyed or damaged by act of God or vehicle
accident.
008.02B The Agent shall
be responsible for washing all informational sign panels and Business (Logo)
signs on an annual basis or at any time the reflectorized facing becomes
dull.
008.02C The Agent shall be
responsible for conducting an inspection annually on the breakaway mechanism
for any dirt or other obstruction that may interfere with the breakaway
mechanism. All bolts shall be loosened and retorqued to proper
specification.
008.02D The Agent
shall be responsible for the cost of the relocation of Specific Informational
sign panels for highway improvements and shall complete the relocation within
60 days after notification that the sign must be removed.
008.02E Specific Informational signs,
Supplemental Directional signs and Trailblazer signs which no longer display
any business logo shall be taken down (sign and posts) if vacant for greater
than 180 days. Exception will be provided for camping and attraction signs that
are vacant or covered for seasonal closures.
008.03 REMOVAL OF BUSINESS SIGNS AND COVERING
SEASONAL SIGNS
008.03A The owner of any
business sign must be notified by certified mail a minimum of 30 days in
advance of the removal of his or her sign for any cause.
008.03B Business (Logo) signs may be removed
for any of the following:
008.03B1 Failure to
pay rental fee.
008.03B2 Owning
signs that are in conflict with the Rules and Regulations, Title 410, Chapter
3, Section 002, Control of Advertising in Areas Adjacent to the Highway
Beautification Control System.
008.03B3 Failure to meet the minimum
requirements for each type of business sign set forth in the state statutes,
these regulations, and as provided under Section
008.01E.
008.03B4 Repeated delinquency as to any of
the aforesaid violations.
008.03C If a business is closed due to fire,
accident, remodeling or other emergencies for more than seven, but not more
than 90 days, then the Agent shall have the Business (Logo) sign covered to
prevent inconveniencing the traveling public. The business shall not lose its
priority or be required to reapply prior to the normal expiration of its
contract. Extensions of time beyond 90 days may be granted in such case where
insurance claims or financial arrangements require additional time. However, an
owner who, due to his or her own negligence, fails to open within the 90-day
period may lose his or her right to occupy the informational sign
panel.
008.03D The Agent shall be
responsible for covering, or removing and subsequently reinstalling, the
Business (Logo) sign for a campground or attraction, if the facility is closed
during the winter months.
008.04 MOTORIST SERVICE SIGNS AT INTERSTATE
INTERCHANGES
008.04A At interchanges on the
Interstate System where none of the qualified businesses wish to participate in
the program, the Department will maintain the existing motorist service
signs.
008.04B The motorist service
signs at any interchange will be removed by the Department when the first
Specific Informational sign panel is installed. An exception will be considered
for camping motorist service signs to remain in place.
008.05 SUPPLEMENTAL DESIGNATION SIGNS AT
INTERCHANGES
008.05A At interchanges where a
facility chooses to participate with a Specific Informational Business (Logo)
attraction sign, any existing supplemental sign for the same facility will be
removed by the Department.
008.05B
If a once removed facility discontinues the Specific Informational Business
(Logo) program and requests to be re-installed on the Supplemental Designation
sign, it must reapply and compete with other facilities for available space on
the sign. A facility that was once removed and reapplies within 10 years may be
required to pay for the refabrication of a new sign.
008.06 FEES FOR POSTING ON SPECIFIC
INFORMATIONAL SIGN PANELS
The fee for placing Business (Logo) signs on Specific Informational
sign panels shall include, but not be limited to: the fair market rental value
of the sign site; fabrication, erection, maintenance or servicing of Specific
Informational and Business (Logo) signs; removal or covering Business (Logo)
signs; other costs associated with the program, and when applicable, reasonable
profit for the Agent operating the program. The fee shall include the
Supplemental Directional sign if needed. An additional fee will be charged for
Trailblazer signs if needed. The fee for each space on the Specific
Informational sign panel shall be the same to all businesses, except that in
the category of camping and attraction, the annual fee paid by the business may
be reduced by the ratio that the number of full or partial months that the
facility is closed to public usage bears to the number of months in a year, but
the resulting fee shall be not less than 50 percent of the annual fee. The
lease agreement shall be for a term of not less than one year, nor more than
five years. It shall specify the cost of Trailblazer signs and the covering of
seasonal signs and other information that is necessary. Leases shall be paid
annually in full in advance.
008.07 OVERSIGHT OF THE AGENT BY THE
DEPARTMENT
The Department may review all proposed locations for Specific
Informational sign panels to determine if there is a conflict with existing
signs or future sign installations. The Department may make spot checks of the
leases with the applicant, check businesses for compliance with state statutes
and these regulations, and make such audits as may be necessary to determine
that the program is operated equitably with the qualified businesses and the
Department.
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