N.J. Admin. Code § 16:41C-2.1
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Abandoned" means a sign, which displays an advertisement that is more than six months obsolete, that displays an advertisement that is not in good repair and is no longer visible, or that is missing components necessary to display an advertisement. A sign in good repair displaying the message "available" or other similar sales information shall not be considered abandoned.
"Administrator" means the Administrator of Outdoor Advertising of the New Jersey Department of Transportation.
"Advertisement" means a single message placed on a sign or sign face . Subcomponents of a single message including, but not limited to, the display of information regarding multiple products available at one store or the identification of multiple locations of a particular store shall be considered to be part of a single message.
"Advertising structure" means any rigid or semi-rigid material, with or without advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an advertisement may be displayed.
"Advertising surface area" means the total surface area of a sign face as measured by the smallest rectangle which will encompass the entire area as indicated on the approved application and permit. All dimensions include border, trim and cutouts, but exclude decorative bases and supports.
"Agreement" means the Agreement between the U.S. Secretary of Transportation and the Department establishing size, spacing and lighting standards for effective control of outdoor advertising signs along interstate and Federal aid primary highways as adopted in 1971 and as may be subsequently amended.
"Application number" means the number assigned by the Department to identify a specific application for an outdoor advertising permit.
"Atlantic City Casino-Recreation District" means that area within the city limits of the City of Atlantic City which is zoned RS-C (Resort Commercial Development District), RS (Resort Service), CBD (Central Business District), URT (Urban Renewal Tract) or Beach (boardwalk) as defined by the City of Atlantic City.
"Beginning of pavement widening" means that point where a highway begins to widen beyond the width of the main-traveled way, leading toward an exit ramp or another highway.
"Bike share station sign" or "sign" means a sign on a bike share station located on public property as part of a bike share program that is sponsored by the governing authority that has jurisdiction over the roadway on which the bike share station is located.
"Bike share station" means a structure that provides bicycles at a self-service station sponsored by a governing authority with jurisdiction over the roadway on which the station is located.
"Business of outdoor advertising" means the display of an advertisement in exchange for any compensation or item or service of value through the erection, use, or maintenance of a sign; or the display of an advertisement by the permit holder, which consists of information other than the business of the permit holder.
"Commissioner" means the Commissioner of the New Jersey Department of Transportation or such persons as the Commissioner may designate, when legally permissible.
"Customary maintenance" means all manner of repair or maintenance of a permitted sign, which is done to keep the sign structurally sound, in good repair, and in compliance with its approved permit. Customary maintenance applies to all parts of a sign, including its foundation, supporting structure, and sign face.
"Cutouts or extensions" means any attachment or addition to the approved advertising surface area that increases the area of a display beyond the approved sign face. Cutouts or extensions shall be included in calculating the advertising surface area of a sign.
"Department" means the New Jersey Department of Transportation.
"Directional signs" means signs containing directional information about publicly owned places, natural phenomena, historic, cultural, scientific, educational, and religious sites; or areas of natural scenic beauty or naturally suited for outdoor recreation, deemed, by the Commissioner, to be in the interest of the traveling public.
"Display" means a single message placed on a sign and shall mean the equivalent of an advertisement.
"Embellishments" means objects, such as letters, figures or other devices attached to the advertising surface area of a sign which create a three-dimensional effect but do not extend beyond the vertical or horizontal planes of the advertising surface area.
"Ending of pavement widening" means that point where a highway returns to the width of the main-traveled way after the merging from an entrance ramp or other highway.
"Establishment sign" means a sign that identifies the proper name of a building or place that is used for public assembly, including, but not limited to, an arena, athletic field, entertainment center, or stadium, provided that the sign identifies the building or place by the proper name by which it is marketed to the public and it does not identify constituent parts of a building including, but not limited to, entrances, ticket windows, individual floors, or stairwells.
"Federal law" means Section 131 of Title 23, United States Code (1965) ( 23 U.S.C. § 131 ), commonly referred to as Title 1 of the Highway Beautification Act of 1965, and the Intermodal Surface Transportation Efficiency Act of 1991, as amended and hereafter amended, and regulations adopted pursuant thereto.
"Federal-aid primary highway" means any highway so designated by the State pursuant to subsection (b) of Section 103 of Title 23, United States Code.
"Ground structure" means any advertising structure or display erected upon the ground, however supported thereon.
"Highway" means any road, thorofare, street, boulevard, lane, court, trailway, right-of-way or easement used for, or laid out and intended for public passage of vehicles or people.
"Incorporated municipalities" means cities, towns, townships, villages, boroughs and any other municipal corporations of this State.
"Interchange" means a junction of two or more highways that allows for the movement of traffic between such highways, typically by means of one or more entrance and/or exit ramps.
"Interstate System" means those highways 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, "Highways" of the United States Code, as amended.
"License" means the authority granted by the Department to the license holder to engage in the business of outdoor advertising.
"Licensee" means any person, as defined by these rules, who is the holder of any valid and unrevoked license to engage in outdoor advertising business in this State.
"Limited access highway" means a highway, or any portion thereof, 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 upon such limited access highway. For purposes of this chapter, interstate highways, parkways, expressways, and freeways, including, but not limited to, the Atlantic City Expressway, the Garden State Parkway, and the New Jersey Turnpike, shall be considered limited access highways. The determination of whether a highway or a portion thereof is a limited access highway shall consider actual site conditions, and the classification of the highway under the State Highway Access Management Code, N.J.A.C. 16:47.
"Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each separate roadway carrying through traffic is a main-traveled way. The main-traveled way shall not include frontage roads.
"Manual on Uniform Traffic Control Devices for Streets and Highways" or "MUTCD" means the 2009 version of the manual issued by the U.S. Department of Transportation, Federal Highway Administration, and is incorporated herein by reference as amended and supplemented. The manual is available on the Federal Highway Administration's website at
http://mutcd.fhwa/dot/gov/ or on the American Association of State Highway and Transportation Officials (AASHTO) website at http://bookstore.transportation.org/.
"Multiple message sign" means a sign, which changes message or copy electronically or by the movement or rotation of panels or slats.
"Nonconforming sign" means a sign which fails to comply with the requirements of the State Act and any rules promulgated pursuant thereto, and which had been lawfully erected, pursuant to a valid outdoor advertising permit, and maintained prior to the enactment, revision, or amendment of the State Act and the rules promulgated pursuant thereto.
"Notice of approval" means a letter issued by the Department to a permit applicant deeming an application approved.
"Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or nonprofit historical societies may be considered official signs.
"Off-premise sign" means any sign that does not meet the definition of an on-premise sign or is not identified in 16:41C-1.2(c).
"On-premise sign" means a sign that identifies the proper name of the business or place where the sign is located or which identifies an actual bona fide and principal activity, product or service, or event that is conducted, available, offered, or produced on the property where the sign is located, including a sign that exclusively advertises the sale or lease of the property on which the sign is located. The storage of supplies or materials on the property does not indicate of itself an actual bona fide and principal activity, product, or use of the property. When a sign consists principally of a brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, or when it brings any compensation to the property owner or to the owner of the sign, the sign shall be considered an off-premise sign used for the purpose of the business of outdoor advertising.
"Permit" means a certificate issued by the Department authorizing the erection and maintenance of a sign at the location described thereon. The issuance of an outdoor advertising permit does not supersede municipal or other agency sign requirements or restrictions.
"Permit holder" means any person holding a valid and unrevoked outdoor advertising permit.
"Permit number" means the number assigned by the Department to identify a specific outdoor advertising permit. The permit number shall be the same as the application number.
"Permit or outdoor advertising permit" means a permit issued by the Department to allow the erection and maintenance of a sign of the particular type and at the specific location described in the application. The permit is comprised of an approved application, a notice of approval, and a Department-issued letter granting conditional approval to erect and maintain the sign, as appropriate. The issuance of an outdoor advertising permit does not supersede the permit holder's obligation to obtain any municipal, county, or State approvals that are required to erect and maintain the sign.
"Permitted location" means a place, spot, site, or space for which an outdoor advertising permit has been duly issued for the erection and maintenance of a sign without regard to whether the same has actually been constructed, painted, or posted.
"Person" means any individual, group, corporation, limited liability company, partnership, association, any public entity, as the context may require, or combination thereof.
"Point of gore" means the point where the main-traveled way and a ramp or another highway come together. Where a physical obstruction, such as curb, guide rail, or impact attenuator, exists, the physical obstruction shall be considered the point of gore.
"Prevalent land use" means the existing land use that is predominant in an area that is within 800 feet of the sign location, on the same side of the highway as the sign location, and within the same zoning district as the sign location, if the area is zoned by State or local law, rule or ordinance. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing and landscaped areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. None of the following activities shall be considered an existing business, industry, commerce, office, or trade land use in the determination of the prevalent land use:
1. Outdoor advertising signs;
2. Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;
3. Transient or temporary activities;
4. Activities not visible from the main traveled way;
5. Activities more than 660 feet from the nearest edge of the right-of-way;
6. Activities conducted in a building primarily used as a residence; and
7. Railroad tracks and minor sidings, pipelines, and electric transmission lines.
"Premises" means that portion of the property wherein any industry, commerce, business, occupation, trade or service is conducted.
"Primary system" means any highway on the National Highway System or any highway on the Federal-aid primary system in existence on June 1, 1991.
"Protected area" means all areas inside the boundaries of this State, which are adjacent to and within 660 feet of the edge of the right-of-way of highways in the Interstate and Primary Systems, and those areas inside the boundaries of this State, which are outside urban areas and visible from such highways, but beyond 660 feet of the edge of the right-of-way of highways in the Interstate and Primary Systems.
"Protected zone" means all areas inside the boundaries of this State, which are adjacent to and within 660 feet of the edge of the right-of-way of highways not in the Interstate and Primary Systems, and those areas inside the boundaries of this State, which are outside urban areas and visible from such highways, but beyond 660 feet of the edge of the right-of-way of highways not in the Interstate and Primary Systems.
"Public identification sign" means a sign located on public property that exclusively identifies the county, municipality, or district where the sign is located.
"Public service signs" mean signs located off the Department's right-of-way on school bus shelters that are authorized or approved by city, county or State law, regulation or ordinance, and at places approved by the city, county or State agency controlling the highway involved.
"Public utility signs" means warning signs, information signs, notices or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.
"Public view" means the area visible to persons traveling or operating motor vehicles at the legal speed limit on a highway.
"Religious notice signs" means the same as "service club and religious signs."
"Safety rest area" means an area or site established and maintained within or adjacent to the highway right-of-way and under public supervision or control, for the convenience of the traveling public.
"Sale or lease sign" means a sign that exclusively advertises the sale or lease of the property on which it is located.
"Same side of the highway" means that side of highway (right or left) as determined by the direction of travel of a motor vehicle travelling on the main travelled way of that highway, regardless of the existence of medians, ramps, service roads, collector lanes, or other streets within the highway's right-of-way.
"Scenic area" means any public park or area of scenic beauty or historical significance, as designated by the Commissioner of Transportation or other State agency having and exercising such control.
"Scenic byway" means any highway or portion thereof that has been nominated and designated as a scenic byway by the Department.
"Scenic corridor" means any highway or portion thereof that has been designated as a scenic corridor by the Department (see N.J.A.C. 16:41C Appendix, Table 1, incorporated herein by reference).
"School bus stop shelter sign" means a public service sign on a school bus shelter that is erected outside of the Department's right-of-way at a bus stop that has been approved by the governmental agency, authority, or subdivision having jurisdiction over the highway on which the bus stop is located.
"Service area sign" means a sign in a facility that is:
1. Within the right-of-way of a limited access highway;
2. Under public supervision or control;
3. In continuous operation; and
4. Offers all of the following services to motorists using the highway:
i. Vehicle services including air, fuel, and oil;
ii. Food, other than from vending machines;
iii. Public restroom facilities; and
iv. Public telephone.
No service area signs shall be erected along or be visible to the main-traveled way or ramp of any highway.
"Service club and religious signs" means signs whose erection is authorized by law, relating to the meetings of nonprofit service clubs or charitable associations or religious services.
"Sign" means any structure including, but not limited to, an advertising structure and sign face used outdoors and affixed to or upon property to display messages and/or images within public view which is designed to attract, or does attract, the attention of pedestrians or operators or passengers of motor vehicles using the roads, highways, and other public thoroughfares and places, and shall include any writing, printing, painting, display, emblem, drawing, or other device whether placed on the ground, rocks, trees, tree stumps or other natural structures, or on a building, structure, signboard, billboard, wallboard, roofboard, frame, support, fence, or elsewhere, and any lighting or other accessories used in conjunction therewith.
"Signs on transit bus shelters" means signs on a shelter located on public property at a stop on a designated bus route.
"Space or sign face" means the part of the sign where an advertisement or display is placed or intended to be placed.
"Sponsorship sign" means a sign that identifies the primary patron or guarantor of a musical, theatrical, athletic, or similar series or event, which is a principal activity at the venue where the sign is located, and which satisfies the following requirements:
1. The sign identifies the sponsor by its name and/or business logo, but does not display any promotional information, such as, but not limited to, a web site address, physical address, phone number, product images, slogans, or location within the venue;
2. The sign identifies the particular series or event in the manner in which it is marketed to the public; and
3. The sign is displayed only when the series or event is marketed to the public through media outside of the venue.
"State Act" means the Roadside Sign Control and Outdoor Advertising Act, P.L. 1991, c.413.
"State entity" means a State department or agency, board, commission, corporation or authority.
"Static sign" means a sign, which does not change its message or copy automatically, such as by electronic or mechanical means.
"Supporting structure" means the structural elements of a sign, which are intended to support the sign face. The supporting structure shall include all bracing and supporting elements.
"Time, date, and temperature sign" means the display of the current local time, date, temperature, or any combination thereof. Where a time, date, and temperature sign is attached to, or part of, a sign, which is used for off-premise advertising, it shall be considered part of the advertising surface area of that sign. Time, date, and temperature signs shall not be considered a multiple message sign.
"Totally destroyed" means the supporting structure of the sign has been destroyed or has failed to the extent that it no longer supports the sign face(s) as intended.
"Trade name" means the brand name, trademark, distinctive symbol or any other device used to identify particular products or services.
"Transit bus shelter sign" means a sign on a bus shelter located on public property at a stop approved by the agency with jurisdiction over the roadway on a designated transit bus route.
"Unzoned commercial or industrial areas" means those areas which are not zoned by State or local law, rule or ordinance, and where the prevalent land use is business, industry, commerce, office, or trade. The granting of a use or any other variance by a local zoning or governing body shall not change the zoning of the property as defined in these rules.
"Urban area" means a place designated by the U.S. Bureau of the Census as having a population of 5,000 or more within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary of Transportation of the United States. The boundaries shall, at a minimum, encompass the entire place designated by the U.S. Bureau of the Census.
"Visible" means the advertisement can be seen and comprehended without visual aid by persons traveling in the motor vehicle on the highway.
"V-type construction" means a single structure having two faces in the shape of the letter "V" when viewed from above, with the faces oriented in opposite directions.
"Zoned commercial or industrial areas" means those areas which are zoned for business, industry, commerce, office, or trade pursuant to a State or local zoning ordinance or rule, or those areas other than areas exclusively zoned for residential, agricultural, forest, conservation, recreation, education or preservation where the prevalent land use is business, industry, commerce, office or trade. The granting of a use or any other variance by a municipal zoning board of adjustment or governing body shall not change the zoning of the property as defined in these rules.
N.J. Admin. Code § 16:41C-2.1