Department of Labor and Employment s9

[This rule 2 CCR 601-12 was known as “Rules and Regulations for the Erection, Administration, and Maintenance of Tourist Oriented Direction Signs within Highway Rights of Way.” In a joint rulemaking, this rule will be repealed and re-promulgated into another existing CDOT Rule 2 CCR 601-7 “Standards Pertaining to Specific Information Signs and Business Plaques.” The new combined rule will be known as 2 CCR 601-7 “Rules, regulations, and standards pertaining to LOGOS and TODS Signs]

COLORADO DEPARTMENT OF TRANSPORTATION

TRANSPORTATION COMMISSION

CCR 601-12

RULES AND REGULATIONS FOR THE ERECTION, ADMINISTRATION, AND MAINTENANCE OF TOURIST ORIENTED DIRECTIONAL SIGNS WITHIN HIGHWAY RIGHTS-OF-WAY – Repealed Effective (date to be determined)

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

STATEMENT OF BASIS AND PURPOSE

The Executive Director, upon the Department’s recommendation, is repealing this rule, 2 CCR 601-12 because the entire rule has been updated and incorporated into another existing CDOT Rule, 2 CCR 601- 7, thus rendering this rule obsolete.

DEPARTMENT OF TRANSPORTATION

Transportation Commission

RULES AND REGULATIONS FOR THE ERECTION, ADMINISTRATION, AND MAINTENANCE OF TOURIST ORIENTED DIRECTIONAL SIGNS WITHIN HIGHWAY RIGHTS-OF-WAY

2 CCR 601-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

I. Statement of Basis, Specific Statutory Authority and Purpose

A. The Statement of Basis, Specific Statutory Authority and Purpose for the August 10, 1989 rulemaking to adopt the TODS program is incorporated herein by this reference, and is available upon request from:

Colorado Department of highways

4201 East Arkansas Ave.

Roadside Advertising

Right of Way Section

Denver, Colorado 80222 The specific authority to conduct rulemaking to adopt the TODS program is contained in Section 43-1-420(3), C.R.S. (1989 supp.).

B. The Statement of Basis, Specific Statutory Authority and Purpose for the April 30, 1990 rulemaking to amend the rules is incorporated herein by this reference, and is available upon request from:

Colorado Department of Highways

Right of Way Section

Denver, Colorado 80222

The specific authority to conduct rulemaking to amend the Rules is contained in Section 43-1- 420(3), C.R.S. (1989 supp.).

C. The Statement of Basis Specific Statutory Authority and Purpose for the July 10, 1991 rulemaking to amend the Rules is incorporated herein by this reference, and is available upon request from:

State of Colorado

Department of Transportation

Right of Way Services

Denver, Colorado 80222-3400

The specific authority to conduct rulemaking to amend the Rules is contained in Section 43-1- 420(3), C.R.S. (1989 supp.).

D. The Rules are promulgated by the Department of Transportation pursuant to the Specific Statutory Authority of Section 43-1-420(3) C.R.S.

The Statement and Basis, Specific Statutory Authority and Purpose for the September 15, 1998 Rulemaking Hearing is hereby incorporated herein by this reference and shall be available for copying and public inspection during regular business hours from the Roadside Advertising Coordinator, Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, Colorado 80222.

E. The Statement of Basis, Specific Statutory Authority and Purpose for the December 5, 2008 rulemaking to amend the Rules is incorporated herein by this reference, and shall be available for copying and public inspection during regular business hours from the Roadside Advertising Coordinator, Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, Colorado 80222. The specific authority to conduct rulemaking to amend the Rules is contained in Section 43-1-420(3), C.R.S. [Eff. 03/02/2009

II. Rules A. General Provisions

1. APPLICABILITY: The Rules allow an eligible business to obtain a permit from the Department for the installation of a plaque upon a TODS in the State Highway System right-of-way. TODS shall be located only in Department right-of-way at intersections on conventional roads or interchanges on expressways or freeways in rural areas. [Eff. 03/02/2009]

Provided, however, that no TODS will be located or allowed on a freeway that has been assigned an access category of “F-W” , or on an expressway that has been assigned an access category of “E-X” , as defined in the Section 2.2 (1)(C) and 3.6 and 3.7 of the “State Highway Access Code” , at 2 CCR 601-1, and in accordance with the State Highway Access Category Assignment Schedule at 2 CCR 601-1A.

2. CONFORMITY WITH LAWS : Every business applying for a permit shall give written assurance to the Department of its conformity with all applicable laws, including the Rules, the MUTCD, Federal Authority, and all laws concerning public accommodations without regard to race, religion, color, sex, or national origin, and that it shall not breach that assurance at any time. Such assurance is a condition precedent to obtaining and retaining a TODS permit.

3. LOCAL AUTHORITY : No permit for a TODS/business plaque shall be issued by the Department unless the governing body of the county, city and county, or municipality in which such sign is proposed to be located has authorized such signs within its jurisdiction by adoption of a resolution to that effect, pursuant to § 3-1-420(3), C.R.S., as amended. All TODS shall be required to comply with the Rules, and all applicable regulations of the county, city and county, or municipality in which such signs are located.

4. INCORPORATION OF REFERENCES : The Rules hereby incorporate by this reference Section 21 of the MUTCD (1988 edition) issued and endorsed by the U.S. Department of Transportation, Federal Highway Administration, concerning TODS.

The Rules also incorporate by this reference other applicable sections of the MUTCD concerning: Symbols (Sections B(33) and E(2)(d) of the Rules); Construction of TODS/business plaques (Section E(1)(c) of the Rules); and position, height and lateral clearance of TODS/business plaques (Section F(8) of the Rules). The Rules incorporate by this reference the Standard Highway Signs booklet (1979 edition) published by the U.S. Department of Transportation, Federal Highway Administration (Section B(32) of the rules).

The State Signing Standards referred to in Section B(32), E(1)(c), and F(7) of the Rules shall be available for inspection.

The Rules do not include future amendments to or editions of the MUTCD or Standard Highway Signs . The Rules, MUTCD, Standard Highway Signs and State Signing Standards are presently available on file for public inspection during regular business hours of the State of Colorado, Department of Transportation, Transportation Safety and Traffic Engineering Branch, Denver, Colorado. A certified copy of the Rules and of the incorporated material may be obtained at cost or examined by contacting the State of Colorado, Department of Transportation, Right of Way Services Branch, Roadside Advertising Coordinator, Denver, Colorado.

B. Definitions:

1. Business - businesses, services and activities the major portion of whose income or visitors are derived during the normal business season from motorists not residing in the immediate area of the business.

2. Business Plaque - means a sign for a specific business that is attached to a TODS. 3. C.R.S. - Colorado Revised Statutes.

4. Conforming Advertising Devices - means those devices that have been lawfully erected, as described under § 43-1-401 through 43-1-420, C.R.S.

5. Contractor - means the independent contractor that is selected by the Department pursuant to a public-private initiative and that is responsible, by contract with the Department, for implementing and administering the TODS Sign Program. See Section C. of the Rules and “Department” below.

6. Conventional Road - a highway on the State Highway System in a rural area, except for the interstate system, expressways and freeways. The State Highway System shall consist of the federal-aid primary roads, the federal-aid secondary roads including extensions thereof, plus any amount not to exceed five percent of the mileage of such systems which may be declared to be state highways by the State Highway Commission while not being any part of any federal system.

7. Department - refers to the State of Colorado, Department of Transportation. In the event that the Department contracts with a private contractor to implement all or part of the TODS program, as authorized by § 43-1-420(3), C.R.S., the term “Department” shall include such contractor to the extent applicable and consistent with such contract.

8. Directional Advertising Device - includes, but is not limited to: advertising devices containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. Such devices shall conform to standards promulgated by the Department pursuant to § 43-1-415, C.R.S., which standards shall conform to the national policy.

9. Erect - means to construct or allow to be constructed.

10. Expressway - means a divided highway with partial control of access generally having grade separations at major intersections.

11. FHWA - refers to the Federal Highway Administration, the U.S. Department of Transportation.

12. Federal Authority - refers to 23 U.S.C. § 109(d), 315, and 402(a); 49 C.F.R.. § 1.48(b); and federal requirements as revised by TEA-21.

13. Freeway - means a divided highway with full control of access having grade separations at all intersections.

14. Highway - means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by the law of this State.

15. Highway Miles - the distance in miles calculated by traveling on any highway, as opposed to air miles.

16. Illegal Sign - refers to a device which is erected without proper permit, or which is otherwise in violation of State law, the rules, or local laws.

17. Intersection - means the crossing of a conventional road and a highway, excluding driveways, alleys, freeways, expressways, and the interstate system. 18. Interstate System - any highway included as a part of the National System, of interstate and defense highways as authorized and designated in accordance with section 7 of the “Federal-Aid Highway Act of 1944” and any other subsequent acts of congress.

19. Local Authority - a county, or municipality.

20. MUTCD - refers to the 1988 national Manual on Uniform Traffic Control Devices for Streets and Highways, and the Colorado Supplement thereto.

21. Maintenance - means to preserve, keep in repair, continue or replace a TODS/business plaque.

22. Municipality - means a city or town incorporated, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of Article XX of the State Constitution.

23. Nonconforming Advertising Device - means any advertising device which was lawfully erected under state law prior to January 1, 1971, and has been lawfully maintained in accordance with the provisions of current or prior state law, except those advertising devices allowed by C.R.S. § 43- 1-404(1).

24. Official Traffic Control Device - means all signs, signals, markings, and devices placed or displayed by authority of public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

25. Retro reflective -is when light rays strike a surface and are redirected directly back to its source. It is the most commonly used means of making signs visible to the driver at night.

26. Roadway - means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event the highway includes two or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively.

27. Route - means particular roads which collectively assist motorists in reaching their destination(s).

28. Rural Area - means all areas not included in urbanized areas.

29. Seasonal Closure - when a business is not open to the public for more than 14 continuous days.

30. Seasonal Plaque - a plaque that must be removed or covered during certain portions of the calender year based upon seasonal closures of the business.

31. State Highway Access Category Assignment Schedule - means the rule at 2 CCR 601-1A adopted by the Transportation Commission of Colorado. The assignment schedule assigns an access category to each segment of State Highway. Category assignments for a particular segment of State Highway can be determined by referring to 2 CCR 601-1A, or by consulting the Department.

32. State Signing Standards - are those drawings and specifications published, and adopted for use by the Department, which are entitled “Standard Specifications for Road and Bridge Construction” , and “Colorado Standard Plans, Division of Highways M & S Standards” .

33. Symbol - are the standard designs used in preference to word messages and are as shown in the MUTCD and Standard Highway Signs booklet, published by the U.S. Department of Transportation. 34. Tourist - motorists not residing in the immediate area of the business.

35. Tourist-Oriented Directional Sign (TODS) - means a traffic control device that contains one or more authorized business' plaques which provide directional information for tourists to businesses.

36. Trailblazers - refers to supplemental guidance signs providing directional information from the conventional road to a particular business.

37. Urbanized Area - means that area within the boundary of a metropolitan area having a population of fifty thousand or more as determined by the United States Bureau of the Census in its latest census and as included on the urbanized area map approved by the Department.

C. Independent Contractor Program Administrator

The Department is authorized by Sections 43-1-420(2), 43-1-420(4), and 43-1-1202 (1)(A)(XI), C.R.S., to negotiate and contract with an independent contractor, pursuant to a public-private initiative, for that contractor to implement and administer all or part of the Tourist Oriented Directional Sign Program (or “TODS Program” ) described in the Rules.

Based on that authority, the Department intends to issue a request for proposals and to negotiate a contract that is most advantageous to the State for the successful proposer to assume the administration and maintenance of the TODS program.

Sections 43-1-420(2) and 43-1-420(4) specifically authorize that contractor to determine the amount of fee(s) to be charged for a TODS sign permit and to develop the method for the annual rotation of business signs.

If such a contract is executed, the implementation and administration of the TODS program by that contractor may include the right of that contractor: 1) to determine and charge a new fee amount for a TODS sign, different than that described in Section H of the Rules; and, 2) to develop and implement a new method for the annual rotation of TODS signs, different than that described in Section I of the Rules.

If such a contract is executed, the complete terms of that contractor's implementation and administration of the TODS program will be described in detail therein, and the implementation and administration of the TODS program by that contractor will be subject to the Department's supervision.

All sign permittees will be given prompt written notice of the effective date of the contract and will also be provided a copy of the contract. In the event that the terms of the negotiated contract conflict with substantive terms of the Rules, the Department will amend the Rules to reflect such changes to the extent required by law.

D. Eligibility

To be eligible to obtain a permit to erect a business plaque on a TODS, the following requirements shall be met:

1. A permit applicant must derive the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area.

2. A business located on property contiguous to a conventional road shall be eligible for straight ahead signing on that conventional road only at the intersection nearest to that business. The business must be located within the distance required by Section D(4). 3. There must be available space for a TODS/business plaque at the requested intersection, as determined by the Department consistent with standard engineering practices. TODS shall not interfere with or block driver sight of existing or planned official traffic control devices.

4. The maximum distance from the business to where a TODS sign may be placed shall be determined as follows. If the intersection where the TODS is to be erected is located within the limits of a municipality, the distance from the business to the intersection shall be measured in highway miles and shall not exceed one mile. If the intersection where the TODS is to be erected is located outside the limits of a municipality, the distance from the business to the intersection shall be measured in highway miles and shall not exceed fifteen miles. Provided however that a TODS will be permitted only at the intersection nearest to the business, within the above maximum distances. For right and left signing, the maximum distance shall be measured for each direction of travel from the nearest intersection where the traveler can exit the conventional road to get to the business, along the intersecting highway where the business is located, to the business.

5. Each business shall be limited to one business plaque for each direction of travel to that for business on the conventional road.

6. Trailblazing signs shall be required for those businesses that are located at a place which requires additional guidance signs for route decisions from the intersection to get to the business. Eligible businesses must provide, install and maintain adequate trailblazing signs to direct the motorist after leaving the conventional road. Trailblazing signs must be approved by local authorities. Before TODS are installed, adequate trailblazing as determined by the Department shall be in place off the State Highway System.

7. The local authority in whose jurisdiction the TODS and business plaque are to be erected must have authorized such signs by resolution, and must have approved the application of the business prior to submission to the Department. Such TODS and business plaques must comply with all applicable local authority regulations and the Rules.

E. Design

1. TODS a. Shall consist of an assembly of one or two posts and a maximum of four authorized business plaques depending upon engineering design specifications for the particular location. b. The erection and maintenance of TODS shall be accomplished by the Department. c. All TODS/business plaques shall be provided and constructed in accordance with the MUTCD, and State Signing Standards.

2. Business Plaques a. The plaque shall be rectangular in shape and have a blue background with a white legend and border. Each plaque will be allowed a maximum of two lines of legend and may include one symbol if desired. The legend shall be white on a blue background. The content of the legend shall be limited to identification of the business, service, or activity, the mileage to the business, and the directional arrow. Legends shall not contain promotional advertising. b. All sign legends are subject to approval by the Department. c. The size of the plaques shall be 72 inches wide, and 18 inches high. All physical dimensions must be exact. d. Nationally approved symbols for services may be incorporated as alternates to word messages. Standard General Service symbols (Section 2H), and white Recreational and Cultural Interest Area symbols (Section 2D), as displayed in the MUTCD, may be used to indicate a general class of businesses. e. Logos for specific businesses may also be used. The logo shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. No logos shall be permitted that resemble official traffic control devices in any manner. f. When symbols or logos are used, they must be contained entirely within the border of the business plaque. Business plaques shall be designed and fabricated in accordance with specifications that will be made available to the applicant by the Department.

F. Sign and Site Selection Procedure:

1. The location of other official traffic control devices shall take precedence over the location of TODS at all times. The TODS and business plaques should be located outside the normal longitudinal alignment of official traffic control signs, but within the rights-of-way of the conventional road.

2. Business plaques shall be erected only on TODS.

3. A maximum of two TODS, with each accommodating four business plaques, may be allowed for each approach to an intersection. Each TODS will accommodate all plaques for the left turn direction, or all plaques for the right turn direction.

4. One TODS for the straight ahead direction, accommodating four business plaques, will be allowed per direction of travel and as provided in Section D(2). When a TODS for the straight ahead direction is allowed, the TODS shall be located to the far right corner of the intersection and shall not obstruct the driver's view of other official traffic control devices.

5. TODS must be placed at least 200 feet apart, and at least 200 feet from other official traffic control devices, and a minimum of 200 feet in advance of the intersection where the turn to exit the conventional road is necessary to get to the business.

6. For the direction of traffic when approaching an intersection where more than one TODS is located, the order of the TODS shall be:

First, businesses signed for the left direction;

Second, businesses signed for the right direction;

Far right corner of intersection, businesses signed for the straight ahead direction.

7. Where the total number of business plaques to both the right and left are four or less, they must be accommodated on one TODS. When approved business plaques are attached to one TODS, the order of the business plaques shall be:

Top, businesses signed for the left direction;

Bottom, businesses signed for the right direction.

To the extent consistent with other requirements of this section, seasonal plaques shall occupy the bottom position in a multiple plaque installation. In the event a TODS installation contains more than one seasonal plaque, the plaque serving the business that has the shorter business season during the calendar year shall have the lower position. When a seasonal plaque is removed or remounted the remaining plaques shall be repositioned as provided in this section.

8. Position, height, and lateral clearance of the TODS and the business plaques thereon shall be in accordance with the MUTCD, and State Signing Standards.

Illustrative diagrams are attached for information purposes only, as follows: Diagram I. Illustrates possible locations of TODS assemblies. Diagram II. Illustrates typical TODS assembly and demonstrates placement of business plaques in relation to directional arrows.

9. Applicants and permittees are advised that the right to use State Highway right-of-ways for the TODS program under the rules is non-exclusive. The Department reserves the right to allow such other signs as in its judgment it deems desirable or necessary. The Department reserves the right to deny an application for a permit or a permit renewal based upon the criteria of the Rules or if, in the judgment of the Department, the granting of the permit/renewal for the placement of the TODS/business plaque at a particular location would endanger the health, safety, or welfare of the public, or would be inconsistent with standard engineering practices. The Department may also take any other action concerning a permit application or renewal which the Department determines to be necessary to comply with the Rules, or with §43-1-420(3) C.R.S., or with the requirements of other highway statutes contained in Titles 42 and 43, C.R.S., as amended.

10. The Department also reserves the right to require the removal of any permitted TODS/business plaques in the event the location of such signs is needed to be utilized for highway purposes or activities including construction, reconstruction or maintenance, or in the event the Department determines that the placement or condition of the TODS/business plaque endangers the health, safety, or welfare of the public, or in the event the TODS/business plaque has become inconsistent with or in violation of the Rules due to changes in the Rules. When the TODS is removed and cannot be re-erected at an approved substitute location, the permittee shall be entitled to an appropriate pro-rata rebate of that part of paid Annual Administration and Maintenance fees applicable to the unused remainder of the term.

11. All installation, removal and maintenance of TODS/ business plaques will be performed only by the Department. At no time shall the applicant or permittee enter upon Department rights-of-way for such purpose or perform any such activities within the highway rights-of-way.

12. The TODS shall remain the exclusive property of the Department.

G. Permits

1. No application for a permit shall be accepted by the Department unless the local authority with jurisdiction over the location of the TODS has already approved the application in writing. In the event the governing body of a county, city and county, or municipality has not chosen to authorize such signs, the Department shall not issue permits for TODS within that jurisdiction. 2. Every business must apply for and obtain a permit from the Department pursuant to the rules. No permit shall be issued to a business unless all requirements and criteria of eligibility have been satisfied, pursuant to the rules. At the request of the Department a permit applicant or permittee must provide any information and/or documentation available to the applicant or permittee which demonstrates that the applicant or permittee derives the major portion of its income or visitors during the normal business season from motorists not residing in the immediate area of the business. The applicant or permittee shall keep, maintain, and make such information and/or documentation available for inspection and audit at any time, following reasonable notice, after the application for a permit has been submitted. The records may include, but are not limited to, such items as guest books, attendance records, license plate numbers, tax receipts, and credit card receipts. No business plaque shall be installed on a TODS prior to issuance of a permit by the Department.

3. Application packages shall be obtained by the applicant from the Department.

4. The effective date of applications transmitted by mail shall be the date and time of receipt by the Department rather than the date of mailing by the applicant. Applications will be considered in the order of the effective date and time received.

5. The Department will act promptly to approve or deny a permit application. Notice of approval or denial will be sent to applicant by certified mail. The Department may deny a permit application which does not comply with all terms and conditions of the rules, or for any reason required by the terms and purpose of § 43-1-401 through § 43-1-420.

6. The applicant shall provide to the Department a completed application form.

The form shall include the following information:

a. The name and address of the applicant.

b. The legal name of the business, person's name, title and telephone number to contact for the business applicant.

c. A statement of “Conformity with Laws” as required under Section A(2) of the rules.

d. A statement certifying that the major portion of the business' income or visitors is derived during the normal business season from motorists not residing in the immediate area of the business.

e. A statement that the business is within the required distance for businesses as stated in Section D(4), of the rules.

f. The milepost number, identification of the conventional road and intersection where the TODS/business plaque is to be erected.

g. A complete layout or photo of the legend, logo, symbol, arrow, or authorized combination of these consistent with the rules, showing exactly what the business plaque will display.

h. A statement and signature from the local authority in whose jurisdiction the TODS/business plaque will be placed, approving the application.

i. The number of business plaques requested per intersection.

j. The Federal Tax I.D. number of the business to be identified on the TODS plaque or the Social Security number of the owner of the business to be identified on the TODS plaque. 7. The Department may reject a permit application which is incomplete.

8. Applicant shall submit the standard Processing and Administration Fee with the application, as provided in Section H(1).

9. Permits for business plaques shall be valid for a period of one year, beginning each January 1, without proration for periods less than a year.

10. The permittees shall have the right to request a change to the business plaque during the term of the permit, provided that the changes conform to the rules. Permittees will be charged an additional fee for each plaque removed and/or remounted by the Department to make such change.

11. The granting of the permit conveys no right, title or interest to the permittees in the highway rights-of- way or in the TODS other than simple permission from the Department to use and occupy such location for TODS purposes subject to the rules.

H. Fee Schedule Provisions:

The Department shall establish a Fee Schedule which will be attached as an addendum to the rules for information purposes only.

The Department will only accept payment in the form of checks, money orders, or certified funds for the fees required by the Rules and specifically this Section. The Department shall not accept any payment in the form of cash and shall not be responsible for the transmittal of cash payments.

It is the intent of the Rules that, to the extent practicable, all such costs for a TODS will be billed equally to each approved business permittee on that sign. The Fee Schedule for TODS is based upon the total actual costs of administrating, erecting, and maintaining this sign program. However, this actual cost figure cannot be set in advance and must be subject to change depending on the costs and circumstances at the time of application. Therefore, the Fee Schedule will change to reflect actual costs. In no case shall the required fees charged by the Department exceed the actual cost of erecting and maintaining the TODS and business plaques, processing applications and administrating the TODS program.

1. Processing and Administration Fee

Administrative fees for processing an application for a TODS/business plaque shall be submitted with the application in accordance with the then current Fee Schedule. The current Fee Schedule shall be available from the Department. The Processing and Administration Fee is a one time charge, which shall not be refunded if the application is denied.

2. Installation Fee

Once a permit application is approved, the applicant will be sent the billing of the Installation Fee and the first year's Administration and Maintenance Fee per approved business plaque. The Installation Fee will be in the amount prescribed by the then current fee schedule, and shall not be pro-rated for fractions of years. The TODS will not be erected until the Installation Fee is received. If the Installation Fee is not received within 20 days of receipt of written notice of approval, the application shall be considered void. A new Processing and Administration Fee shall be required from the applicant if the same business applicant requests a TODS after the expiration of the 20 day deadline of this Section.

Once the Installation Fee has been received, a permit will be issued for each authorized business plaque by the Department to that business. Fees for installing TODS are calculated to cover the total actual cost and are a one time charge. In case only one business permittee is approved for a plaque on a particular TODS, that permittee will be initially responsible for the entire cost. However, the original permittee will receive reimbursement from the Department for a portion of the Installation Fees paid by any future business permittees until all four business plaques have been installed. Each business permittee on that TODS will share equally in the total cost. In the event the total actual costs exceed the fee schedule, a pro-rated billing will be sent out to each business plaque permittee for that amount of cost over the schedule. In the event the actual costs are less than the Fee Schedule, the overage amount will be pro-rated and refunded to each business plaque permittee.

TODS Installation Cost Share Schedule : Number of Applicants Percent One 100 Two 50 Three 33-1/3 Four 25

Example: If there are three applicants for a TODS with space available for four plaques, the three applicant businesses will each have to pay one third of the total cost for the TODS. When a fourth applicant for that TODS is approved, that applicant will then pay 25% of the total actual cost of the TODS. The Department will then distribute that 25% between the original three applicants. Thereafter there shall be no right to reimbursement, except for rotation as provided in Section I. Once the equal shares have been established for the erection cost of the TODS, each new business permittee will pay the Department the cost determined by the rotation procedures outlined in Section I of the rules.

3. Annual Administration and Maintenance Fee

The purpose of this fee is to pay for the administrative costs after issuance of the permit, installation of the business plaque, and for continuing maintenance of the TODS. The amount of the Administration and Maintenance Fee shall be set out in the current Fee Schedule. The Administration and Maintenance Fee shall be submitted with an application for a permit renewal.

An additional Administration and Maintenance Fee will be charged if the business plaque owner requests a change to the business plaque during the term of the permit for the costs of removing and/or remounting the plaque.

4. Seasonal Removal and Remounting Fee

The purpose of this fee is to pay for the cost of covering or removing and/or remounting the plaque when a business operates on a seasonal basis during the calendar year and is required by the Rules to have its business plaque covered or removed while it is not in operation.

It shall be the responsibility of the business operator to notify the Department in writing of the dates the business will be closed during the calendar year, and to submit the required fee for removing or remounting of the business plaque not less than 20 days prior to seasonal closure and seasonal opening.

If such business fails to so notify and/or submit the required fee to the Department, the permit for that business shall be considered void and the business plaque shall be subject to removal under the rules.

I. Rotation Procedure A limited amount of space for TODS/business plaques are available at authorized conventional road intersections. The Department shall not issue a permit unless or until there is space available at the requested conventional road intersection.

In order to issue permits in a fair manner where such space is limited, an annual rotation procedure for granting permits will start the January 1, after all four business plaques have been on the TODS for one full year. If there are more applicants than business plaque spaces for a particular TODS, a number of existing permittees shall be rotated off that TODS on an annual basis to the extent necessary to accommodate new applicants in the order of receipt of the application. Under this procedure, the Department will assign each business a number according to the date and time of receipt by the Department of the permit application.

When a business plaque is replaced on the TODS by another business plaque, the business being replaced will be reimbursed, by the Department, a portion of the original installation cost the business had paid to erect the TODS. The reimbursement to the business shall be derived solely from the monies paid by the replacing business. For the purpose of computing reimbursement, the useful life of the TODS shall be 10 years. The reimbursed portion of the original cost to erect the TODS will be less 1/10 of the cost for each year the replaced business plaque permittee was on the TODS. At the end of the useful life of the TODS, or after 10 years, whichever is sooner, the then current business permittees will be charged equal shares of the full replacement cost of the TODS in order to erect a new TODS. If the TODS is subject to rotation, the new business permittees will be charged an equal share of the full replacement cost of the TODS.

J. Renewal of Permits

1. Applications for renewal of business plaque permits shall be made by the applicant and received by the Department before December 1, of each year, and shall be accompanied by the Annual Administration and Maintenance Fee as provided by the then current Fee Schedule. If the renewal application is not received by the Department by December 1 of each year, the business plaque permit shall expire on December 31, and the plaque shall be removed.

2. If a permit renewal is denied, the Annual Administration and Maintenance Fee shall be refunded. The Department shall grant or deny a renewal application by December 31st of each year.

3. All applications for permit renewals shall be mailed to the State of Colorado, Department of Transportation, Staff ROW Section, Roadside Advertising Coordinator, Denver, Colorado.

K. Replacement - Responsibility

The Department shall not be responsible for lost, stolen, defaced, deteriorated, damaged or destroyed business plaques or TODS, regardless of the cause. When the TODS needs to be replaced or substantially repaired, for any cause, the cost will be charged in equal amounts to the current plaque permittees on that TODS. A TODS will not be replaced until all costs have been received. The permittee shall be responsible for delivering a replacement or renovated business plaque to the Department to replace any plaque which is lost, stolen, defaced, destroyed or which is in a deteriorated condition.

L. Permit Denial, Revocation, Suspension and Appeal Process

The Department may, upon notice, deny a permit application or renewal or may revoke a permit. The provisions of C.R.S. § § 43-1-410, 43-1-412, 43-1-420 and 24-4-104, and rules promulgated thereunder, shall apply to the denial of a permit application or renewal, or a permit revocation, or immediate suspension. Notice and a hearing concerning such denials, revocation or immediate suspension will be provided as required by the applicable provisions of the above sections and the Rules. Written notice of denial of a permit application, or of denial of permit renewal, or of permit revocation, or of immediate suspension shall be sent to the applicant or permittee by certified mail. A request for a hearing shall be made in writing and must be received by the Department no later than 60 days after receipt by applicant/ permittee of such notice.

1. Denial of Permit Application

A permit application shall be denied if the applicant fails to meet any provision of the rules. A permit application shall be acted upon promptly. The Notice shall specify the grounds for such denial, including which requirements or criteria of the Rules or C.R.S. § § 43-1-401 through 43-1-420 the applicant has failed to meet.

2. Denial of Permit Renewal or Permit Revocation:

A permit may be revoked or renewal of a permit may be denied for the following reasons: a. In the event that it is determined by the Department that a business permittee is no longer entitled to the permit under these Rules, or that the business is no longer available to the tourists, or that the permittee has violated the terms or conditions of the permit or of the Rules, or of C.R.S. § § 43-1- 401 through 43-1-420, then the renewal applicant for that particular business shall be denied a permit renewal. b. If it is determined that signs or business plaques have been or are being erected or maintained at the permitted TODS location, or that the business plaque has been added to or altered in any way, or retained, in violation of these rules or of C.R.S. § § 43-1-401 through 43-1-420, then the permit for that business plaque may be revoked and the business plaque shall be subject to removal. c. Upon an approved revision of the urbanized area to include the conventional road intersection location where a TODS has been erected, or when the area where the TODS is located is needed for highway purposes, as determined by the Department, such TODS and attached business plaques shall then be considered to be prohibited. The permits for such business plaques may then be revoked, and such signs shall then be subject to removal as provided by the rules.

3. Immediate Suspension of a Permit:

When the Department has reasonable grounds to believe and finds that the permittee has been guilty of willful and deliberate violation of the Rules, or the health, safety, or welfare of the public imperatively requires emergency action, a permit may be immediately suspended as provided in C.R.S. § 24-4- 104(4). In such emergency situations, the Department may take immediate action prior to notice and hearing, including action to remove or cover a business plaque. Notice of permit suspension shall be sent to the permittee immediately by certified mail. Such notice shall set forth the basis for the emergency action.

Addendum 1

Fee Schedule

The following fee schedule is based on the best estimate of total costs for erecting and maintaining a Tourist Oriented Directional Sign and for administration of the program. INITIAL $240.00 * INSTALLATION FEE PROCESSING AND $ 50.00 (per application) ADMINISTRATION FEE ANNUAL $ 50.00 (per permit) MAINTENANCE AND ADMINISTRATION FEE SEASONAL REMOVAL $ 35.00 (per plaque/per AND REMOUNTING occurrence) FEE

* In the event actual costs exceed the cost schedule outlined above, a prorated billing will be sent to each TODS permittee for that amount of cost over the fee schedule. In the event the actual costs are less than the fee schedule, the prorated amounts will be refunded to the current TODS permittees upon completion of the project.

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Editor’s Notes

History

Section I.E, Section II.A.1. eff. 03/02/2009.