2 Del. Admin. Code § 2601-7.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 2601-7.0 - Standards for Gateway Signs
7.1 General
7.1.1 Permits as defined in Section 19.0 of these Regulations will not be required for gateway signs. The following provisions apply to gateway signs erected within the right-of-way of any state maintained roadway within this State.
7.1.2 A gateway sign shall only be erected after first securing approval of the Department. Requests for approval to erect a gateway sign shall be in writing directed to the Department for the attention of the Manager of the Roadside Control Section. Requests for gateway signs shall be accepted from either of the following:
7.1.2.1 A political subdivision of this State on their official letterhead, or
7.1.2.2 Non-incorporated areas through a sponsor. Acceptable sponsors for gateway signs shall be governmental agencies or an elected county or state official. Where applicable, requests via sponsors shall be on official letterhead.
7.1.3 Gateway signs, upon approval of the Roadside Control Section, shall execute an official Right-of-Way Use Agreement with the appropriate departmental personnel.
7.1.4 A gateway sign shall be limited to conventional roadways. At no time will permission be granted for a gateway sign to be erected adjacent to an interstate, or other controlled access highway.
7.1.5 A gateway sign erected under this section shall meet one of the following requirements:
7.1.5.1 Signs shall be compliant with the standards as set forth under the National Cooperative Highway Research Program 350 (NCHRP 350), the Manual for Assessing Safety Hardware (MASH), or the most current version in effect at the time.
7.1.5.1.1 Applicants shall submit supporting documentation that such signs meet current standards at time application is submitted to the Department. Gateway signs constructed by the Department shall be exempt from this requirement.
7.1.5.2 Signs shall be erected outside of the design clear zone for the roadway they are proposed to be constructed on.
7.1.6 Any gateway sign erected under this section which becomes in conflict with any improvement project will be required to be either temporarily removed or relocated as a result of such project. All costs associated with removal or relocation shall be the sole responsibility of the entity responsible for the sign. In the event of a permanent conflict and no appropriate site for relocation, the sign will not be permitted to be re-erected.
7.1.7 The following gateway signs are prohibited:
7.1.7.1 Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.
7.1.7.2 Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official TCD, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.
7.1.7.3 Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.
7.1.7.4 Obsolete signs.
7.1.7.5 Signs which are structurally unsafe or in disrepair.
7.1.7.6 Signs which move or have any animated or moving parts.
7.1.7.7 Signs located in rest areas, parklands or scenic areas.
7.1.7.8 Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot.
7.2 Size
7.2.1 The following limits shall apply to gateway signs:
7.2.1.1 Maximum area...32 square feet
7.2.1.2 Maximum height...10 feet
7.2.1.3 Maximum width...8 feet
7.2.2 The following limits shall apply to gateway signs constructed of a Department approved ornamental sign:
7.2.2.1 Maximum area...66 square feet
7.2.2.2 Maximum height...11 feet
7.2.2.3 Maximum width...6 feet
7.2.3 All dimensions include border and trim, but exclude supports.
7.3 Spacing
7.3.1 A gateway sign shall be placed no less than 200 feet from any official TCD maintained by the Department.
7.3.2 As defined in Section 7.1.5.2 of this regulation, a gateway sign shall be located outside of the design clear zone for a roadway if such sign does not meet standards as set forth under NCHRP 350, MASH, or the most current version in effect at the time of application. The design clear zone will be calculated by the most practical method in use by the Department.
7.4 Lighting
7.4.1 Illumination of a gateway sign is prohibited.
7.4.2 A gateway sign shall be retro-reflective based on guidelines set forth in the most current version of the Delaware Manual on Uniform Traffic Control Devices (MUTCD).
7.5 Content
7.5.1 As per the Delaware MUTCD, the standard colors of red, orange, yellow, purple, or the fluorescent versions thereof, fluorescent yellow-green and fluorescent pink shall not be used for background colors for a gateway sign.
7.5.2 Abbreviations should be kept to a minimum, and should include only those that are commonly recognized and understood.
7.5.3 Word messages should be as brief as practical and the lettering should be large enough to provide the necessary legibility distance.
7.5.4 Internet and e-mail addresses, domain names, Uniform Resource Locators (URL), or phone numbers shall not be displayed on a gateway sign.
7.5.5 Slogans and related graphics shall be of some specific interest to the area represented by a gateway sign.
7.5.6 The interpolation of any type of advertising message is expressly prohibited.
7.6 Maintenance of Signs
7.6.1 All gateway signs shall be maintained in a good state of repair at all times. When any sign is damaged or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified by Certified Mail to make all necessary and allowable repairs. If the sign is not repaired, rebuilt, or removed within thirty days of said notification the sign will be considered as being abandoned and will be removed by the Department.
7.6.2 Signs causing an immediate safety concern will be removed by the Department without prior notification.
7.6.3 Applicants for gateway signs shall provide contact information for a responsible party in the event the sign is destroyed or enters a state of disrepair.

2 Del. Admin. Code § 2601-7.0

18 DE Reg. 999 (6/1/2015) (Final)