(1) No business
signs will be installed on motorist information sign panels prior to issuance
of a permit by the department. Permits will be issued by the department in
accordance with this chapter.
(2)
Permit applications will be accepted at the appropriate department of
transportation regional office in care of the regional administrator.
Applications transmitted by mail shall be effective from date of receipt rather
than of mailing.
(3) One permit
application will be for all the signing that the applicant will qualify for at
a single interchange or intersection.
(4) Application forms, which may be obtained
from the department, shall contain the following information:
(a) Name and address of the owner of the
business to be advertised.
(b) The
highway for which the applicant seeks signing.
(c) A description of the interchange or
intersection for which the business sign is to be installed.
(d) A statement of the business location
including exact travel distance from the interchange or intersection and
precise roads used for access.
(e)
An agreement to limit the height of any on-premise sign to no greater than
fifteen feet higher than the roof of the main building, measured to the bottom
of the sign for businesses located within one mile of an interchange or
intersection. (Not applicable along interstate highways if the sign is not
visible to the highway.)
Pursuant to
RCW
47.36.310, for on-premise signs visible along
rural interstate highways the department may waive the fifteen-foot height
requirement, on a case-by-case basis, where granting the waiver will not
preclude another business having an on-premise sign which complies with the
fifteen-foot height requirement from receiving business signs.
(f) Such other information as may
be required by the department.
(5) Each permit application will include a
sketch, drawing or picture of the message to be placed on the business signs.
Business signs may not display messages advertising products or services
incidental to the qualifying motorist service activity. The department shall
have final approval of the design of the business sign and may modify such
submissions to achieve uniformity, visibility, and legibility.
(6) Any party aggrieved by an application
determination of the department shall be accorded hearing rights before the
secretary of transportation or his designee pursuant to
chapter
34.05 RCW.
(7) Once an application is approved, the
department will request that the business provide its business signs to the
department for installation and pay the first year's annual motorist
information sign panel fee. There is no additional fee for first-time business
sign installations.
(8) The
department will install RV symbols on business signs upon request, after
confirming that the business meets the eligibility requirements prescribed by
WAC
468-70-050(2).
RV symbols may remain on business signs until no longer applicable, or until
the symbols require replacement due to weather-wear.
(9) Fees:
(a) The annual fee charged to each business
for motorist information sign panels is:
(i)
Nine hundred ten dollars for signs located in fee zone 1;
(ii) Six hundred eighty-three dollars for
signs located in fee zone 2; or
(iii) Three hundred sixty-four dollars for
signs located in fee zone 3.
(b) The fee for business sign replacement is
one hundred fifteen dollars per sign, prepaid.
(c) The fee for new or replacement
department-installed RV symbols is seventy-five dollars per symbol,
prepaid.
(d) The annual fee for
motorist information sign panels shall be paid within thirty calendar days
after the anniversary of the permit issue. Failure to pay the annual fee within
thirty calendar days after the anniversary of the permit issue will cause the
permit to expire and the business signs to be removed from the motorist
information sign panels.
(10) Business signs may be replaced at the
request of a business; or, the department may request the business signs to
replace weather-worn signs.
(11)
Loss of sign locations:
(a) If highway
construction or maintenance activities temporarily close sections of highway
where business signs are installed, the business shall have no claim against
the department or its contractor for disruption of signing and/or access
resulting from the closures.
(b)
Where it's necessary to remove signs temporarily to accommodate highway
construction or maintenance activities, the department may prorate the amount
due to the department for the next billing cycle proportionate to the length of
time the sign is removed.
(c) Where
highway construction, maintenance activities, or natural causes permanently
preclude reinstalling motorist information sign panels or business signs, the
business shall be entitled to:
(i) If no signs
remain, prorated reimbursement for the balance of the current billing cycle;
or
(ii) If signs remain in one
direction of travel, prorated credit of the amount due to the department for
the next billing cycle.
(12) The department shall not be liable for
loss or damage due to delays or interruptions of service because of inclement
weather, fire, or other casualty loss, strikes, governmental laws, rules, or
regulations, acts of God, or any other reason outside the department's
control.
(13) In the event of
change of ownership or operation, assignment of permits in good standing shall
be effective only upon receipt of assignment by the department. The department
will not reassign permits in the event of change of both ownership and
operation.
(14) Revocation and
expiration:
(a) After hearing before the
secretary of transportation or his designee, as required by
chapter
34.05 RCW (Administrative
Procedure Act) and the rules and regulations of the department adopted pursuant
thereto, any motorist information sign permit may be revoked by the secretary
or the secretary's designee who has conducted the hearing for any of the
following reasons:
(i) For the making of any
false or misleading statements in the application for any permit, whether or
not the same is material to or relied upon by the department in the issuance of
such permit when such false or misleading statement or information shall remain
uncorrected after the expiration of thirty days following written notification
thereof.
(ii) For allowing or
suffering any on-premise sign to remain that exceeds the height requirements
set forth in this chapter.
(iii)
For failure to provide the services and/or facilities required by WAC
468-70-050 and this
section.
(b) If a
motorist information sign permit is revoked or is allowed to expire, a new
application may be accepted by the department and the motorist service activity
must meet the requirements of any other applying motorist service
activity.
