2 Del. Admin. Code § 2J.01

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2J.01 - Eligibility

Standard:

01 Specific Service signs shall be defined as guide signs that provide road users with business identification and directional information for services and for eligible attractions. Eligible service categories shall be limited to gas, food, lodging, camping, attractions, and 24-hour pharmacies.

01A (DE Revision) Specific Service signs for 24-hour pharmacies shall not be installed along state-maintained roadways.

Support:

01B (DE Revision) Delaware Logo Sign Program establishes eligibility requirements for gas, food, lodging, and attraction facilities providing motorist services to place their logos on signs along state-maintained roadways. The Delaware Logo Sign Program is administered by DelDOT and the Delaware State Tourism Office.

01C (DE Revision) The "Delaware Tourist Attractions Sign Program Policy" establishes additional eligibility requirements for attractions, excluding gaming facilities, to place their logos on signs along state-maintained roadways.

01D (DE Revision) DelDOT has established guidelines for the application of signing along state-maintained roadways for gaming facilities.

Guidance:

02The use of Specific Service signs should be limited to areas primarily rural in character or to areas where adequate sign spacing can be maintained.

Standard:

02A (DE Revision) If used, except as provided in Paragraphs 03A and 03B, Specific Service signs shall be installed along interstates, freeways, and expressways only.

Option:

03 (DE Revision) Paragraph deleted.

03A (DE Revision) Specific Service trailblazer signs may be installed along in accordance with Paragraph 2 of Section 2J.09 to guide motorists from Specific Service signs installed along interstates, freeways, and expressways to the service facility.

03B (DE Revision) Specific Service signs for gaming facilities may be installed along principal and minor arterials and major and minor collectors.

Guidance:

04Specific Service signs should not be installed at an interchange where the road user cannot conveniently reenter the freeway or expressway and continue in the same direction of travel.

Standard:

05 Eligible service facilities shall comply with laws concerning the provisions of public accommodations without regard to race, religion, color, age, sex, or national origin, and laws concerning the licensing and approval of service facilities.

05A (DE Revision) Eligible gas, food, and lodging facilities shall comply with all applicable laws concerning accessibility by persons with disabilities and provide a statement that the facility complies with the rules, regulations, and eligibility criteria of the Delaware Logo Sign Program.

06 The attraction services shall include only facilities which have the primary purpose of providing amusement, historical, cultural, or leisure activities to the public.

07 Distances to eligible 24-hour pharmacies shall not exceed 3 miles in any direction of an interchange on the Federal-aid system.

Guidance:

07A (DE Revision) GAS facilities should be located within 1 mile traveling distance from the interchange or intersection where the sign is to be erected.

07B(DE Revision) FOOD, and LODGING facilities should be located within 3 miles traveling distance from the interchange or intersection where the sign is to be erected.

07C(DE Revision) ATTRACTION facilities should be located within 15 miles traveling distance from the interchange or intersection where the sign is to be erected.

07D(DE Revision) CAMPING facilities should be located within 7 miles traveling distance from the interchange or intersection where the sign is to be erected.

08(DE Revision) Except as provided in Paragraphs 7C, 7D, and 9, distances to eligible services other than pharmacies should not exceed 3 miles in any direction.

Option:

09 (DE Revision) If, within the limits established in Paragraphs 7A, 7B, 7C and 7D, facilities for the services being considered other than pharmacies are not available or choose not to participate in the program, the limit of eligibility may be extended in 3-mile increments until one or more facilities for the services being considered chooses to participate, or until 15 miles is reached, whichever comes first.

10 (DE Revision) Installation of Specific Service signing shall consider the availability of the various types of services. Minimum required services shall include the following:

A. To qualify for a GAS logo sign panel, a business:

1. Shall have fuel gas/diesel;

2. Shall have oil and water and information on tire and repair services;

3. Shall have clean public restrooms; and

4. Shall operate continuously at least 14 hours per day, 7 days per week.

B. To qualify for a FOOD logo sign panel, a business:

1. Shall be open at 10 AM, 6 days per week, 12 hours per day;

2. Shall serve at least two meals per day;

3. Shall seat 20 or more persons; and

4. Shall have approved state health and business licenses and certificates on display.

C. To qualify for a LODGING logo sign panel, a business:

1. Shall be open year round;

2. Shall be open for check-in 7 days per week, 24 hours per day; and

3. Shall have approved state health and business licenses and certificates on display.

D. To qualify for a CAMPING logo sign panel, a business:

1. Shall have approved state health and business licenses and certificates on display; and

2. Shall have adequate parking accommodations; and

3. Shall have modern sanitary facilities and drinking water.

E. To qualify for an ATTRACTION logo sign panel, excluding gaming facilities, a facility:

1. Except as provided in Paragraph 10A, shall be open to the general public at least five days per week and at least five and a half hours per day;

2. Shall meet the criteria established in the Delaware Tourist Attractions Sign Program; and

3. Shall not function primarily as a restaurant, store or accommodation.

F. To qualify for an ATTRACTION logo sign panel for a gaming facility, the gaming facility:

1. Shall be licensed by the State of Delaware to operate a gaming facility.

Option:

10A (DE Revision) Specific Service signing for seasonal attractions may be considered on a case-by-case basis.

Standard:

10B (DE Revision) Any attraction that displays signs that do not comply with the standards of the Tourist Attractions Sign Program shall be ineligible for all facets of the program.

10C (DE Revision) Costs for the installation and maintenance of Specific Service signs for gaming facilities shall be the responsibility of the gaming facility.

10D(DE Revision) Specific Service signs for gaming facilities that do not meet the requirements of Chapter 2J shall be removed and shall not be permitted to be replaced at the end of their useful life.

11 If State or local agencies elect to provide Specific Service signing for pharmacies, both of the following criteria shall be met for a pharmacy to qualify for signing:

A. The pharmacy shall be continuously operated 24 hours per day, 7 days per week, and shall have a State-licensed pharmacist present and on duty at all times; and

B. The pharmacy shall be located within 3 miles of an interchange on the Federal-aid system.

Support:

12 Section 2I.04 contains information regarding the Interstate Oasis program.

2 Del. Admin. Code § 2J.01

19 DE Reg. 76 (7/1/2015) (Final)