Current through Register Vol. 56, No. 6, March 18, 2024
(a) VCM will be allowed on highways under the jurisdiction or control of the Department.
(b) The provisions of VCM will apply only to signs for which a valid outdoor advertising permit has been issued pursuant to N.J.A.C. 16:41C.
(c) A VCM Plan shall be classified as either minor or major.
(d) A VCM Plan meeting the following requirements shall be classified as minor:
1. The VCM Plan is not proposed in a regulated area as provided at 16:41F-4.2(c);
2. The VCM Plan is proposed for an area within which less than half an acre of trees may be removed, pruned, or both; and
3. Where the VCM Plan is proposed for an area for which a highway occupancy permit has previously been issued for a VCM Plan or for a general permit for landscaping, tree trimming, vegetation control, or unclassified landscaping; and the VCM Plan continues to meet the requirements provided in this subsection.
(e) All VCM Plans not meeting the requirements of (d) above shall be classified as major.
(f) The maximum area for inclusion in a VCM Plan shall comprise:
1. A horizontal zone of visual influence of 200 to 400 feet approaching the face of an outdoor advertising sign, as shown at N.J.A.C. 16:41F Appendix 3, Figures 1 and 2 and Table 2. The zone of visual influence begins at a point (Point B) that is 0.25 times the VCM Distance that corresponds to the roadway's posted speed, shown at N.J.A.C. 16:41F Appendix 3, Table 2, measured from a point perpendicular to the nearest point of the sign to the roadway edge (Point A). The zone of visual influence ends at the VCM Distance (Point C) that corresponds to the roadway's posted speed, shown at N.J.A.C. 16:41F Appendix 3, Table 2. The zone of visual influence is intended to provide approximately 3.9 to 5.4 seconds of view time of the outdoor advertising sign between the VCM distance (Point C) and Point B to an approaching motorist. Vegetation between Point A and Point B can be selectively removed only when approved by the Department; and
2. A vertical zone of visual influence, which is measured on a sight line from a point 3.5 feet above the roadway in the center of the travel lane nearest to the outdoor advertising sign to a point five feet below the bottom edge of the sign as shown in N.J.A.C. 16:41F Appendix 3, Figure 3.
(g) Applications for VCM shall be limited to a single sign location, unless the applicant owns two or more signs whose zones of visual influence overlap or are adjacent.
(h) Applicants for VCM shall be limited to the holder of the outdoor advertising permit.
(i) All approved VCM work will be governed by a highway occupancy permit issued pursuant to N.J.A.C. 16:41.
(j) Any removal, thinning, or partial removal of vegetation within State highway ROW that is intended to enhance the visibility of an outdoor advertising sign shall be allowed only as approved by the Department pursuant to this chapter and the provisions at N.J.A.C. 16:41.
(k) Applications for VCM shall not be approved when:
1. Applicants have unresolved violations related to the outdoor advertising permit issued pursuant to N.J.A.C. 16:41C for the sign that is the subject of the VCM Plan;
2. Applicants have unresolved violations related to highway occupancy permits issued pursuant to N.J.A.C. 16:41, related to performing landscaping, tree trimming, vegetation control, or unclassified landscaping;
3. Vegetation management would result in the sign being visible from an additional highway, other than the highway for which visibility has been previously approved and an outdoor advertising permit issued, where the regulatory requirements for the issuance of an outdoor advertising permit on the additional highway would not be met;
4. It would be in violation of any locations or conditions as described in this chapter; or
5. A sign, not yet constructed, does not have all relevant municipal approvals.
