New Jersey TODS Eligibility Criteria

A facility must satisfy the following general requirements to be eligible:

A facility shall have 50 percent or more of their customers live outside the immediate area or shall receive 50 percent of their annual sales from people who live outside the immediate area.  The immediate area is the area within 10 miles of the facility as measured from the driveway of the facility to the centerline of the nearest State Highway.

  • It must be located within five (5) miles of the state highway on which the intersection approach sign is erected
  • It must be open a minimum of six (6) hours each day, five (5) days each week for a minimum of 20 consecutive weeks each year. This requirement does not apply to facilities which are not customarily open to the public on a daily basis or typically provide scheduled events including, but not limited to, amphitheatres, arenas, auditoriums, civic centers, community farm markets, fairgrounds, flea markets, racetracks, speedways, theatres and performing arts centers
  • It must possesses all valid licenses and permits necessary for their operation
  • It must have free public rest rooms or sanitary facilities available. This requirement does not apply to agri-tourism facilities
  • It must comply with all applicable local, State and Federal laws concerning public accommodations
  • It must be open and available to the general public
  • Must have free drinking water available
  • It must have all relevant municipal approvals needed to allow it to provide the goods, services or activities which establish its eligibility in the TODS program

A facility must also satisfy the following specific requirements established for its industry type, in addition to the General Requirements For Eligibility, to be eligible. If a Specific Requirement for Eligibility conflicts with a General Requirement For Eligibility, the Specific Requirement will apply.


  • Provide gas, fuel and oil for cars, trucks and other vehicles
  • Operate continuously for at least 16 hours each day and seven (7) days each week 360 days per year.
  • Be located within one (1) mile of the highway.
  • Provide tire repair service or information on available local tire repair facilitles
  • Provide compressed air for tire inflation
  • Provide a public telephone


  • Operate continuously a minimum of 12 hours each day, six (6) days a week, unless designated as seasonal
  • A restaurant in a mall, shopping center or other enclosed structure shall have a primary entrance from the parking area which is dedicated for the restaurant’s exclusive use
  • Provide a public telephone


  • Operate continuously seven (7) days a week, 360 days per year unless designated as seasonal
  • Provide a public telephone


  • Be located within ten (10) miles of the highway
  • Be open a minimum of seven (7) days each week, 360 days throughout the year unless designated as seasonal
  • Provide a public telephone

AgriTourism Facilities

  • Be located within ten (10) miles of the highway
  • Be open a minimum of six (6) hours each day for five (5) days per week during the growing or operating season
  • Provide a public telephone

Civic Areas

  • TOD Signs for civic areas may not identify an individual business or facility
  • Provide a public telephone