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