Section 541.10  Introduction

 

a)         This Part has been developed to regulate the use of Tourist Oriented Directional Signs (TODS) displayed along various State-maintained non-freeways. It establishes standards, specifications, and financial responsibility for a TODS program providing motorists with travel related directional information to facilities of interest to tourism.

 

b)         This program applies to non-freeways within the State of Illinois that are under the jurisdiction of the Department of Transportation (the Department) and that are outside of urban areas.

 

Section 541.20  Definitions

 

The following words or phrases when used in this Part shall have the meanings ascribed to them below.

 

            "Business" − an open establishment available to the general public that is oriented toward tourism and the major portion of whose income or visitors are derived during the normal business season from motorists not residing within 25 air miles of the business.

 

            "Business Sign" − a rectangular sign consisting of a business name, directional information, and mileage.

 

            "Calendar Year" − a year beginning January 1 and ending the following December 31.

 

            "Department" − the Illinois Department of Transportation, with central offices at 2300 South Dirksen Parkway, Springfield, Illinois 62764.

 

            "Intersecting Road" − a public road intersecting a marked State highway.

 

            "Marked State Highway" − a State-maintained highway carrying a State or US route number.

 

            "Non-Freeway" − a divided or undivided marked State highway without full control of access and without grade separations at crossroads.

 

            "Qualifying Business" − a business meeting the criteria for signing contained in Section 541.40(f).

 

            "Rural Area" − an area outside of an urban area.

 

            "Tourist Oriented Directional Sign" or "TODS" − a rectangular sign installed on a State highway displaying the words "TOURIST ACTIVITIES" with a maximum of four business signs mounted underneath.

 

            "Trailblazer Sign" − a business sign displayed, together with an arrow panel, off of a marked State highway to advise motorists where to turn on the intersecting road.

 

            "Urban Area" − An urban area includes:  one or more contiguous incorporated communities listed by the Federal Census Bureau as encompassing a total population of 5,000 or more within a defined area, including any unincorporated areas within such boundaries but excluding rural portions of "extended" communities; and Federal Census Bureau designated places of 5,000 or more population.

 

(Source:  Amended at 34 Ill. Reg. 3025, effective February 19, 2010)

 

Section 541.30  Tourist Oriented Directional Signs

 

a)         Tourist oriented directional signs shall only be erected in rural areas.

 

b)         No more than one tourist oriented directional sign will be erected within the right-of-way of a marked State highway for each direction of travel in advance of an intersecting road.

 

c)         All tourist oriented directional signs will be ground-mounted.

 

d)         Tourist oriented directional signs will not be installed within the right-of-way of a marked State highway within the corporate limits of any municipality located outside of an urban area unless the municipality agrees in writing to the installation.

 

e)         Each tourist oriented directional sign along a State highway shall be installed at a minimum distance of 200 feet from other signs.

 

Section 541.40  Business Signs

 

a)         Specific types of businesses shall meet the following criteria to qualify for signing:

 

1)         GAS:  Should be open five days a week, including a Saturday or a Sunday, for a minimum of 12 hours a day for at least six months of the year.  If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign.  It shall have normal service station goods and services, including telephone, gas, oil, water and restroom.  An attendant must be present at the business at all times the business is open.

 

2)         FOOD:  Should be open five days a week, including a Saturday or a Sunday, for at least six months of the year.  If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign.  It shall be certified by the Illinois Department of Public Health or local health department and have a public restroom and telephone.

 

3)         LODGING:  Should be open seven days a week for at least six months of the year.  If open less than seven days a week for six months, the days of the week and months open, as applicable, must be shown on the business sign.  It shall have a telephone, restroom and sleeping accommodations.  The majority of the accommodations shall be available to the general public and not restricted to members only nor rented or leased on a time-share basis.

 

4)         CAMPING:  Should be open seven days a week for at least six months of the year.  If open less than seven days a week for six months, the days of the week and months open, as applicable, must be shown on the business sign.  It shall have camping and parking accommodations, restroom, telephone, and drinking water.  The majority of the camp sites shall be available to the general public and not restricted to members only nor rented or leased on a time-share basis.

 

5)         AGRICULTURAL BUSINESSES:  Should be open five days a week, including a Saturday or a Sunday, during the applicable growing and harvesting season for the crop(s) involved and shall offer for sale primarily products grown, harvested, or produced within 50 miles of the business.  If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign.  Such businesses shall include but are not limited to fruit orchards, vegetable stands, tree farms, vineyards and wineries.

 

6)         GENERAL TOURIST ATTRACTIONS:  Should be open five days a week, including a Saturday or a Sunday,  for at least six months of the year.  If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign.  General tourist attractions shall include but are not limited to marinas, sport fishing/bait facilities, stage theaters, amusement parks, riding stables, antique stores, craft stores, museums, golf courses, ski areas, facilities offering aircraft, boat, or train rides, and historic villages.  The attraction shall be available to the general public and not restricted to members only.

 

7)         INELIGIBLE BUSINESSES:  Businesses not normally associated with tourism are not eligible even when the majority of their visitors or income is derived from motorists not residing within a 25 air mile radius of the business.  Such businesses include, but are not limited to, shopping malls, discount malls, furniture/clothing stores, automobile/truck dealerships, malls or garages, drug stores, movie theaters, community business districts, appliance stores, department stores, schools, houses of worship, real estate offices, auction houses, livestock sales facilities, sand and gravel facilities, and grocery stores.

 

b)         A maximum of four business signs for four individual qualifying businesses may be placed under each tourist oriented directional sign.

 

c)         No individual business shall be allowed more than one business sign under an individual tourist oriented directional sign.

 

d)         No more than one business sign for any individual qualifying business may be erected in any given direction at more than one intersection on any given State highway.

 

e)         Where there are qualifying businesses in each direction on the intersecting road, the business signs directing motorists to the left shall be placed above the business signs for those businesses to the right.

 

f)         Signing for a qualifying business shall only be allowed at a given marked State highway intersection where the business can be reached without crossing another marked State highway.

 

g)         Business Signing Priorities

 

1)         A maximum of four business signs may be installed at any one intersection with a State marked highway.  Where there are more businesses eligible for and desiring signing than the number of signs permitted, those businesses nearest the intersection will be given first priority for signing.

 

2)         Business signs which have been installed will not be removed because of a nearer business desiring signing as long as the business having the signing continues to meet the established criteria and continues to pay the annual fees.

 

3)         When a space becomes available under an individual tourist oriented directional sign, the eligible business desiring signing submitting an application first along with the required application fee will be given first priority for signing.  If that business does not remit the required yearly fee to the Department within 30 calendar days after being notified in writing that its application is approved, the space will be offered to the next eligible business submitting a valid application.  In the event the Department receives applications, including the required application fees, from more than one business on any given business day, the business closest to the intersection will be given first priority for any available space.  The Department will not install signs for any business until the required yearly fee is paid.

 

4)         When a business closes due to remodeling, or due to an Act of God including, but not limited to, fire or flood, the business signs will be removed and stored by the Department for up to a maximum of six months.  If the business remains closed after six months, the space will be declared available. In any event, if the allowable closure period extends to the subsequent calendar year, the annual fee for the business shall be paid for that year or the space will be declared available.  Any portion of such closure time which may occur during the normal seasonal closure of the business as noted on the business signs will not count in determining the six month period.

 

5)         When the type of business changes, such as an antique shop changing to a food establishment, the business will lose its signing priority.  The business signs will be removed by the Department, and the space will be declared available.  The business will also lose its signing priority if it closes for any length of time even during its normal seasonal closure as shown on the business signs and is openly up for sale.  When a space is declared available a business which has lost its signing priority shall submit a new application, including the application fee, for inclusion in the program and its priority will be evaluated among all the other eligible businesses desiring signing at that intersection as set forth in subsection (g)(3) above.

 

6)         Where it is necessary to measure distance in order to determine signing priority, the distance to each business establishment will be measured as the travel distance between the center of the intersection of the marked State highway with the intersecting road and the primary entrance to the business. Where an entrance serves more than one business, the driving distance using the proper marked driving aisles from the entrance to the parking space available for patrons nearest the business shall be added to the distance measured along the intersecting road.

 

h)         Location of Business

 

1)         A business must be located within a rural area.

 

2)         A business on the road intersecting with a marked State highway will not be signed on the State marked highway if the business is located with its property abutting the marked State highway, and the business or a sign at the site of the business is visible to the motorists advising motorists of the appropriate entrance to the establishment.

 

3)         A business not on the road intersecting with a marked State highway will be signed on the State marked highway if trailblazing or other signs are in place on the intersecting road and on such other roads as may be necessary to clearly advise motorists where to turn to reach the business.  Where the intersecting road or other roads leading from the intersection with the State marked highway are unmarked State highways, the Department will place such trailblazer signs on the State highways for the fee established in Section 541.60(b)(2).  Where roads are under local agency jurisdiction, signing will not be provided on State highways until legible trailblazer or other signs are placed by, or by permission of, such local agencies with directional information advising motorists where to turn.  The business shall have the responsibility for arranging with the appropriate local agency for the placement of all signs on roads under the jurisdiction of that local agency.

 

Section 541.50  Sign Design

 

a)         Tourist oriented directional signs will contain the words "TOURIST ACTIVITIES" in white legend six inches in height on a blue background 12 inches in height and 72 inches in width.

 

b)         Business signs will consist of the business' name in one or two lines of copy and shall not include any trademark or symbol.  The business' name will be in white legend four inches in height on a blue background 18 inches in height and 72 inches in width and will contain the days and months of operation where applicable, and the mileage to the business measured to the nearest half mile. The mileage will not be shown where the distance is less than a half mile. Where necessary, the Department will abbreviate the name of the business so that it shall fit in the space provided.

 

Section 541.60  Application, Fees, and Other Regulations

 

a)         Application

           

1)         Application forms will be available from the Department (see Section 541.Appendix A – District Offices and Counties for a listing of District addresses and phone numbers) for all businesses that could qualify to have business signs included in this program.  If a business wishes to participate in this program, it must complete an application form and submit it to the Department by the deadline indicated in the newspaper notice.  Applications received after the indicated date will be considered if space is still available at the State highway intersection in question.

 

2)         Where the Department determines from the initial application that the business meets the criteria listed in this Part and space is available, the application will be approved and returned to the business along with instructions concerning payment of the annual fee.

 

3)         Applications for qualifying businesses desiring spaces subsequent to the initial installation will be considered on a first come-first served basis as spaces become available.  Applications will be taken for spaces that may become available at some future date when there are no spaces available at the time the applications are submitted.  In such cases, the processing fee will be returned to the applicant and the applicant's name will be kept on file.  When a space becomes available, the qualifying businesses that are on file will be notified by mail in the order of their initial application date to see if they are still interested in the space.  The applicant who desires to have the available space and whose application has been on file the longest, providing the processing fee is submitted within 45 days after the written notification, shall be given the available space with the remaining businesses being retained on file.  Priority for two or more applicants with the same initial application date shall be based on the distance from the State highway with the business closest to the highway having the highest priority.

 

b)         Fees

 

1)         A $100 nonrefundable processing fee must be submitted by the business establishment to the Department with the application.  A $100 nonrefundable processing fee will also be charged when a business reapplies for signing after its signs have been removed due to late rental payments or temporary withdrawal from the program, or when the type of operation of a business changes.

 

2)         An annual fee of $70, sufficient to offset the cost of this program, will be charged for each business sign displayed on the State highway system. This fee is based on recovering the Department's costs for the program based on a six year life for posts and signs and includes the placement of new signs as necessary.  The Department will periodically adjust the fees to reflect the current cost of maintaining the signing system.  Fee adjustments are subject to rulemaking.  Fees will be collected on an annual basis. When a business establishment makes an annual payment, it will be guaranteed participation in the program for the entire year, as long as it continues to meet the criteria under this Part.  Any business closing or withdrawing from the program after making its annual payment will not be given a refund.  A prorated fee will be charged for signs initially installed after the beginning of a calendar year.  No proration will be given for seasonal closings.

 

3)         When payment is not received by the Department within 30 days after the due date, the business signs will be removed by the Department and the business will lose its signing priority to the next business desiring the space.  When the fee is received after the business sign is removed, and space is still available on the panel, a fee of $100 will be charged for reprocessing as provided for in Section 541.60(b)(1), in addition to the annual fee for the remainder of the calendar year, as well as that portion of the annual fee owed for the period of time between the end of the preceding calendar year and the date the signs were removed.

 

4)         A fee of $200 for each business sign will be charged for a business requesting that its signs be replaced with new signs because of a change in the name of the business, or a change in the days or months of operation.  When replacement is requested, all business signs for the specific business on the State highway system will be replaced at the same time.  Also, any business signs that are tampered with by the business by altering the name, changing the days or months of operation, or adding a logo, symbol or any other wording subsequent to their installation will be removed by the Department.  If the business wishes to continue in the program, it shall pay a fee of $200 per sign.

 

c)         Placing and Maintaining Business Signs

 

1)         The Department will erect the signs on the State highway system after approval of the application for a business and proof that trailblazer signs, where required, are in place on highways under the jurisdiction of local agencies.  Only the Department will place, maintain, remove or alter the business signs on the State highway system.

 

2)         Businesses will be required to certify on the application that they meet the established criteria.  When the Department receives a complaint that a business may not comply, the suspected business will be contacted by the Department to determine if it meets the established criteria.  If it is determined the facility fails to qualify, the business must change its operation so as to comply or its business signs will be removed and no refund will be made of any portion of the annual fees already paid.

 

(Source:  Amended at 34 Ill. Reg. 3025, effective February 19, 2010)

Section 541.APPENDIX A   District Offices and Counties

 

Region 1

Regional Engineer 

 

District 1

Bureau of Traffic 201 West Center Court Schaumburg IL 60196-1096 847/705-4411

Cook, DuPage, Kane, Lake, McHenry and Will

 

Region 2

Regional Engineer

 

District 2	Bureau of Operations 819 Depot Avenue Dixon IL 61021-3500 815/284-5395	Boone, Carroll, Henry, JoDaviess, Lee, Ogle, Rock Island, Stephenson, Winnebago and Whiteside
District 3	Bureau of Operations 700 East Norris Drive Ottawa IL 61350 815/434-8417	Bureau, DeKalb, Ford Grundy, Iroquois, Kankakee, Kendall, LaSalle and Livingston

 

Region 3

Regional Engineer

 

District 4	Bureau of Operations 401 Main St. Peoria IL 61602 309/671-4460	Fulton, Henderson, Knox, Marshall, McDonough, Mercer, Peoria, Putnam, Stark, Tazewell, Warren and Woodford
District 5	Bureau of Operations 13473 IL Hwy. 133 P.O. Box 610 Paris IL 61944 217/466-7234	Champaign, DeWitt, Douglas, Edgar, McLean, Piatt and Vermilion

 

Region 4

Regional Engineer

 

District 6	Bureau of Operations 126 East Ash St. Springfield IL 62704-4792 217/782-7314	Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott
District 7	Bureau of Operations 400 West Wabash Effingham IL 62401 217/342-8261	Clark, Clay, Coles, Crawford, Cumberland, Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie, Richland, Shelby, Wabash and Wayne

 

Region 5

Regional Engineer

 

District 8	Bureau of Operations 1102 Eastport Plaza Collinsville IL 62234 618/346-3250	Bond, Calhoun, Clinton, Greene, Jersey, Madison, Marion, Monroe, Randolph, St. Clair and Washington
District 9	Bureau of Operations State Transportation Building 2801 W. Murphysboro P.O. Box 100 Carbondale IL 62903 618/351-5240	Alexander, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Saline, Union, White and Williamson

 

(Source:  Added at 34 Ill. Reg. 3025, effective February 19, 2010)

Section 541.ILLUSTRATION A   District Boundary Map (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 3025, effective February 19, 2010)