603 KAR 4:050. Limited supplemental
guide signs.
RELATES TO: KRS 177.076, 177.077,
177.078, 177.079
STATUTORY AUTHORITY: KRS 177.077(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 177.077(1) requires the Transportation Cabinet to prescribe by administrative
regulation standards and procedures for approval of applications for limited
supplemental guide signs. This administrative regulation sets forth the
application procedure and standards for approval, erection, and maintenance of
limited supplemental guide signs.
Section 1. Definitions. (1)
"Activity" means an historical site, tourist area or attraction, or
family entertainment center.
(2) "Cabinet" means the
Transportation Cabinet.
(3) "Clear zone" means the
area between the edge of the driving-lane of a public road and an imaginary
line running parallel to the road a certain distance from the edge of the
traveled way.
(4) "Eligibility distance"
means the distance from the at-grade intersection of the state highway at the
point where the directional sign is located to the entrance driveway to the
activity.
(5) "Family entertainment
center" is defined in KRS 177.076(7).
(6) "Interagency Committee"
means the Transportation and Tourism Interagency Committee established by KRS
177.107.
(7) "MUTCD" means the
Federal Highway Administration's "Manual on Uniform Traffic Control
Devices" incorporated by reference in 603 KAR 5:050.
(8) "Ramp" means the on- or
off-access road from an interstate highway or parkway to or from the first
public road.
(9) "Spacing" means the
distance between the limited supplemental sign and all other traffic control
devices or signs located within the right of way. This spacing shall be
controlled by the MUTCD.
(10) "TODS" means Tourist
Oriented Directional Signing as used in the MUTCD.
Section 2. General Provisions. The
Transportation Cabinet shall control the erection and maintenance of Limited
Supplemental Guide Signs in accordance with the "Manual on Uniform Traffic
Control Devices" (MUTCD) as incorporated by reference in 603 KAR 5:050 and
with the provisions of this administrative regulation.
Section 3. Application for Limited
Supplemental Guide Signs. (1) An application from an historical site, tourist
area or attraction, or family entertainment center for the erection of a
limited supplemental guide sign shall be made to the Transportation Cabinet.
(2) The application shall be processed
as follows:
(a) The cabinet shall notify the
applicant in writing of the date and time for any hearings regarding the
application within thirty (30) days of receipt of an application;
(b) The Division of Traffic shall review
proposed signing for compliance and review the proposed location to determine
if there is an appropriate location for the erection of the sign;
(c) The cabinet shall consider
recommendations from the Division of Traffic, the Interagency Committee, and
local and regional comments, and approve or disapprove the erection of the
limited supplemental guide sign within ninety (90) days after the receipt of an
application; and
(d) The cabinet shall notify the
applicant whether the application has been approved or denied.
(3) Upon approval of the application
the applicant shall enter into a contractual agreement with the cabinet.
(4) Any fees shall be paid by check
made payable to the Kentucky State Treasurer.
Section 4. Criteria for Approval. The
cabinet shall approve an application for a limited supplemental guide sign in
accordance with the criteria set out in KRS 177.077(2). If multiple
applications are received for the same location and lack of space prohibits
approval of every application, the cabinet shall consider the following
criteria to determine the favorable eligibility for the erection of a limited
supplemental guide sign:
(1) Activities between one (1) mile
and fifteen (15) miles from the interchange with consideration given to number
of visitors;
(2) Activities between sixteen (16)
miles and fifty (50) miles from the interchange with considerations;
(3) Federal parks and recreation
areas;
(4) Historical sites;
(5) Local and regional support; and
(6) State parks and recreation areas.
Section 5. Limited Supplemental Guide
Signs. (1) General requirements for limited supplemental guide signs:
(a) A limited supplemental guide sign
shall be located to:
1. Take advantage of natural terrain;
2. Have the least impact on the
scenic environment; and
3. Avoid visual conflict with the
other signs within the highway right of way.
(b) A limited supplemental guide sign
shall not be erected where there is insufficient space to locate both traffic
control devices and the limited supplemental guide sign.
(c) Unprotected limited supplemental
guide sign supports located within the clear zone shall be of a breakaway
design.
(d) A limited supplemental guide sign
may be located laterally outside the normal longitudinal alignment of other
traffic control signs, but shall be erected within the highway right of way as
long as the spacing requirements of the MUTCD are met.
(e) The location of any other traffic
control device shall at all times take precedence over the location of a
limited supplemental guide sign.
(2) Before a limited supplemental
guide sign may be erected for an activity that is not visible from the
interchange ramp, a legal trailblazing sign shall be erected at each location
where a turn is required to arrive at the activity site. This may be in the
form of TODS, cultural or recreational signing or billboard advertising.
Section 6. Limited Supplemental Guide
Sign Eligibility. An activity shall meet the following requirements to qualify
for limited supplemental signing. A limited supplemental guide sign shall not
be erected until the activity or site has been approved in accordance with this
administrative regulation.
(1) Each activity shall be of significant
interest to the traveling public with at least one-third (1/3) of the income or
one-third (1/3) of the visitors at the activity derived during the normal
business season from visitors not residing within twenty (20) miles of the
activity.
(2) Each activity shall be open to
the general public during regular and reasonable hours, and not by appointment
or reservation only.
(3) Each activity shall comply with
all applicable local, state, and federal statutes and regulations including
those prohibiting discrimination based on race, religion, color, sex, age,
disability, or national origin.
(4) Each activity identified on a
limited supplemental sign shall provide assurance of its conformance with all
applicable federal, state or local laws and regulations and have necessary and
proper licenses.
(5) If an activity is in violation of
any federal, state, or local laws and regulations, it shall be considered
ineligible for participation in this program and its signs removed.
(6) The activity shall be conducted
in a building or area that complies with state and local building code
requirements for safety.
(7) The activity shall not be
conducted in a building principally used as a residence unless there is a
convenient, separate, and well-marked entrance. The building or area shall be
maintained in a manner consistent with standards generally accepted for that
type of business or activity.
(8) Any activity which operates on a
seasonal basis shall make provisions with the cabinet for the removal of the
activity's sign during the off season. The activity shall, in writing, notify
the cabinet at least thirty (30) days before the opening or closing occurs.
(9) The cabinet shall not be
responsible for business lost due to signs or limited supplemental panels becoming
temporarily out of service.
(10) The display of the activity sign
on the limited supplemental structure shall not be considered an endorsement or
recommendation by the Commonwealth of Kentucky on behalf of the activity.
Section 7. Review of Eligibility.
Subject to KRS 177.077(8), the cabinet may review the status of individual sign
eligibility for continuance in the program.
Section 8. Measurements. A
measurement taken to determine the qualifications of activities shall be from
the juncture of the center line of the highway, measured between the center
edges of the main traveled way of the route or routes on which travel is
necessary to locate the activity.
Section 9. Incorporation by
Reference. (1) "Limited Supplemental Guide Signs Application", TC
99-200, (1/99 Edition), Transportation Cabinet, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Transportation
Cabinet, Division of Traffic, First Floor, State Office Building, 501 High
Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.
(25 Ky.R. 1765; Am. 2419; 2568; eff. 6-1-99; 28 Ky.R. 925; 1385; eff.
12-19-2001.)
