N.J. Admin. Code § 16:41D-3.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 16:41D-3.2 - Participation requirements

(a) An eligible facility must satisfy the following general requirements:

1. Possess all valid licenses and permits necessary for its operation;

2. Have free public rest rooms or sanitary facilities available. This requirement does not apply to agri-tourism facilities;

3. Be open and available to the general public; and

4. Have received all of the relevant municipal approvals needed to allow it to provide the goods, services or activities, which establish its eligibility in the TODS program.

(b) In addition to the requirements in (a) above, eligible agri-tourism sites, camping facilities, fuel facilities, lodging, and restaurants shall satisfy the following specific requirements.

1. Agri-tourism sites shall:

i. Be located within 10 miles of the State highway on which the intersection approach sign is erected; and

ii. Be open a minimum of six hours each day, five days during its growing or operating season.

2. Camping facilities shall:

i. Be located within 10 miles of the State highway on which the intersection approach sign is erected; and

ii. Be open a minimum of seven days each week, 360 days per year, unless designated as seasonal.

3. Fuel facilities shall:

i. Be located within one mile of the State highway on which the intersection approach sign is erected;

ii. Be open a minimum of 16 hours each day, seven days each week, 360 days per year;

iii. Have gas, fuel and oil for cars, trucks and other vehicles;

iv. Provide tire repair service or information on available local tire repair facilities; and

v. Provide compressed air for tire inflation and free water for batteries and radiators.

4. Lodgings shall:

i. Be open a minimum of seven days each week, 360 days per year, unless designated as seasonal.

5. Restaurants shall:

i. Be open a minimum of 12 hours each day, six days each week, unless designated as seasonal; and

ii. Have a primary entrance from the public parking area, which is dedicated for the restaurant's exclusive use.

(c) Eligible facilities other than those described in (b) above shall, in addition to the requirements in (a) above, satisfy the following requirements:

1. Be located within five miles of the State highway on which the intersection approach sign is erected; and

2. Be open a minimum of six hours each day, five days each week for a minimum of 20 consecutive weeks each year. This requirement does not apply to facilities that are not customarily open to the public on a daily basis or typically provide scheduled events including, but not limited to, amphitheaters, arenas, auditoriums, civic centers, community farm markets, fairgrounds, flea markets, racetracks, speedways, theaters, and performing arts centers.

N.J. Admin. Code § 16:41D-3.2

Amended by 49 N.J.R. 3784(a), effective 12/4/2017

Amended by 50 N.J.R. 2155(a), effective 10/15/2018