Section 411-4-008 - ADMINISTRATIVEThe Department or the Agent shall give one public notice of intent to erect Specific Informational sign panels at an interchange or intersection 90 days prior to accepting requests to place Business (Logo) signs on the panels. Said notice of intent shall be published in a legal newspaper of the county or counties where the signs will be erected. Said notice shall specify from whom applications may be requested, and where or to whom said applications must be submitted for consideration.
008.01 APPLICATION 008.01A Requests for space on the informational sign panels may be submitted to the Department or the Agent.008.01B All requests must be made by the owner or authorized representative of a qualified business.008.01C Each Specific Informational sign or sign assembly shall be limited to no more than six Business (Logo) panels. (See Illustration 3)008.01D Where more than six businesses of a specific service type are eligible for Logo sign panels at the same interchange, additional Logo panels of that same specific service type may also be displayed in accordance below: 008.01D1 No more than 12 Business (Logo) sign panels of a specific service type shall be displayed on no more than two specific service signs or sign assemblies.008.01D2 No more than six logo sign panels shall be displayed on a single specific service sign. 008.01D3 No more than four Specific Informational sign panels shall be displayed on any approach.008.01E In the event that the requests to place Business (Logo) signs on informational sign panels exceeds the available space, the following criteria shall be used to determine the allocation of spaces on informational sign panels. 008.01E1 In all instances, those businesses nearest to the interchange or intersection will be given priority. "Nearest," or "closer," as used herein, shall be determined as previously described in Sections 003, 003.05 and 003.05A. 008.01E2 The first six applications received from qualified applicants for fuel, food, lodging, camping and attraction shall be selected to place their logo on the informational sign if said applicants meet the minimum criteria set forth in these regulations. The applications may be received by either the Agent or the Department headquarters in Lincoln, Nebraska, whichever is designated in the public notice required in Section 008. 008.01E3 Once the maximum number of similar type businesses are posted on the informational sign panels at an interchange or intersection, other similar type businesses closer to the interchange or intersection shall have priority over the first applicant. The first applicant shall have the right to occupy his or her space for one year from the date of installation or rental period. 008.01E4 If Trailblazer signs are required for a qualified business, they shall be installed at the same time or prior to installing the Business (Logo) sign on the Specific Informational sign panels. The Department or the Agent shall determine if Trailblazer signs are necessary.008.02 MAINTENANCE 008.02A The Department or the Agent shall repair or replace within four weeks after damage occurs, any informational sign panels that are destroyed or damaged by act of God or vehicle accident.008.02B The Agent shall be responsible for washing all informational sign panels and Business (Logo) signs on an annual basis or at any time the reflectorized facing becomes dull.008.02C The Agent shall be responsible for conducting an inspection annually on the breakaway mechanism for any dirt or other obstruction that may interfere with the breakaway mechanism. All bolts shall be loosened and retorqued to proper specification.008.02D The Agent shall be responsible for the cost of the relocation of Specific Informational sign panels for highway improvements and shall complete the relocation within 60 days after notification that the sign must be removed.008.02E Specific Informational signs, Supplemental Directional signs and Trailblazer signs which no longer display any business logo shall be taken down (sign and posts) if vacant for greater than 180 days. Exception will be provided for camping and attraction signs that are vacant or covered for seasonal closures.008.03 REMOVAL OF BUSINESS SIGNS AND COVERING SEASONAL SIGNS008.03A The owner of any business sign must be notified by certified mail a minimum of 30 days in advance of the removal of his or her sign for any cause.008.03B Business (Logo) signs may be removed for any of the following:008.03B1 Failure to pay rental fee.008.03B2 Owning signs that are in conflict with the Rules and Regulations, Title 410, Chapter 3, Section 002, Control of Advertising in Areas Adjacent to the Highway Beautification Control System.008.03B3 Failure to meet the minimum requirements for each type of business sign set forth in the state statutes, these regulations, and as provided under Section 008.01E.008.03B4 Repeated delinquency as to any of the aforesaid violations.008.03C If a business is closed due to fire, accident, remodeling or other emergencies for more than seven, but not more than 90 days, then the Agent shall have the Business (Logo) sign covered to prevent inconveniencing the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted in such case where insurance claims or financial arrangements require additional time. However, an owner who, due to his or her own negligence, fails to open within the 90-day period may lose his or her right to occupy the informational sign panel.008.03D The Agent shall be responsible for covering, or removing and subsequently reinstalling, the Business (Logo) sign for a campground or attraction, if the facility is closed during the winter months.008.04 MOTORIST SERVICE SIGNS AT INTERSTATE INTERCHANGES008.04A At interchanges on the Interstate System where none of the qualified businesses wish to participate in the program, the Department will maintain the existing motorist service signs.008.04B The motorist service signs at any interchange will be removed by the Department when the first Specific Informational sign panel is installed. An exception will be considered for camping motorist service signs to remain in place.008.05 SUPPLEMENTAL DESIGNATION SIGNS AT INTERCHANGES008.05A At interchanges where a facility chooses to participate with a Specific Informational Business (Logo) attraction sign, any existing supplemental sign for the same facility will be removed by the Department.008.05B If a once removed facility discontinues the Specific Informational Business (Logo) program and requests to be re-installed on the Supplemental Designation sign, it must reapply and compete with other facilities for available space on the sign. A facility that was once removed and reapplies within 10 years may be required to pay for the refabrication of a new sign.008.06 FEES FOR POSTING ON SPECIFIC INFORMATIONAL SIGN PANELS The fee for placing Business (Logo) signs on Specific Informational sign panels shall include, but not be limited to: the fair market rental value of the sign site; fabrication, erection, maintenance or servicing of Specific Informational and Business (Logo) signs; removal or covering Business (Logo) signs; other costs associated with the program, and when applicable, reasonable profit for the Agent operating the program. The fee shall include the Supplemental Directional sign if needed. An additional fee will be charged for Trailblazer signs if needed. The fee for each space on the Specific Informational sign panel shall be the same to all businesses, except that in the category of camping and attraction, the annual fee paid by the business may be reduced by the ratio that the number of full or partial months that the facility is closed to public usage bears to the number of months in a year, but the resulting fee shall be not less than 50 percent of the annual fee. The lease agreement shall be for a term of not less than one year, nor more than five years. It shall specify the cost of Trailblazer signs and the covering of seasonal signs and other information that is necessary. Leases shall be paid annually in full in advance.
411 Neb. Admin. Code, ch. 4, § 008