603 KAR 4:050. Limited supplemental guide signs

Link to law: http://www.lrc.ky.gov/kar/603/004/050.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov