New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.6 - Permits and permit fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				nonrefundable fees for access applications, permits, and renewals are set forth
				below. Fees shall be in the form of a check or money order made payable to the
				Department. Cash will not be accepted. The application fee shall be submitted
				with the application, but the permit fee should not be submitted until the
				applicant returns the signed permit. The Department shall not issue a permit
				until the proper fee for the permit has been collected and the permit has been
				signed.
Type
Application Fee Each Lot
Permit Fee Each Lot
Renewal Fee Each Lot
Single Family Residential Driveway
$60.00
$25.00
$25.00
Residence and Business Driveway
$130.00
$45.00
$45.00
Government Driveway
$265.00
$880.00
$440.00
Minor
$465.00
$150.00
$150.00
Major
$6,600
$2,200
$440.00
Major with Planning Review
$15,800
$5,300
$440.00
Concept Reviews
$880.00
--
--
Street Intersection
$265.00
$880.00
$440.00
Street Improvement
$10.00
$45.00
$45.00
Lot Subdivision or Consolidation
$350.00
$90.00
--
Temporary Access Permit
$350.00
$90.00
--
(b)
				Developments containing at least 10 percent of the housing units on the site
				set-aside for low and moderate income residents, pursuant to the Fair Housing
				Act, 52:27D-301 et seq., or under court
				settlement, are entitled to a 10 percent reduction in the permit fee. To be
				eligible for this reduction, the applicant shall submit the full application
				fee and an affidavit from the municipal approving authority, certifying that
				the 10 percent requirement has been met. Upon approval of the access, the
				Department will reduce the permit fee by 10 percent of the total application
				and permit fees combined. The renewal fees are not subject to
				reduction.
(c) A permit issued by
				the Department affords the permittee the right to construct, maintain and
				repair, and use a driveway or street connecting to a State highway under the
				terms and conditions of the permit. Approval of an access application does not
				accord the applicant any of these rights.
(d) A permittee may construct an access point
				intersecting a State highway except that a permit expires if all construction
				work under the permit, including those permits issued under N.J.A.C. 16:41, is
				not completed within two years of the date the permit was issued, unless stated
				otherwise in the permit or extended by renewal. Upon expiration, the Department
				may use the remedies described in (g) below to restore any disturbed area. The
				permittee shall submit a new application, with supporting documentation as set
				forth in the checklists in
				16:47-4.9(b),
				4.10(b), 4.12(b) or 4.14(b) which reflects changes and the fee appropriate at
				the time of the new application.
(e) When the construction work under the
				permit, including those permits issued under N.J.A.C. 16:41, is started within
				two years of the date of permit issuance but cannot be completed in the
				indicated time, the permittee shall request an extension of time in writing
				from the appropriate Regional Maintenance Office and submit the required
				renewal fee in the form of a check or money order. The Department may approve
				one one-year extension.
(f) The
				Department may impose those site-specific terms and conditions it deems
				necessary and convenient when issuing permits. Every permit will include the
				daily and peak-hour traffic volumes permitted for the lot. The baseline traffic
				for determining a significant increase in traffic shall be the allowable
				traffic generation shown on the permit. If such figures are not shown on the
				permit, then the baseline traffic shall be based on the ITE trip generation
				rates for the use, based on the ITE edition in effect at the time the permit
				was issued. If there is a grandfathered permit or ITE trip generation rates did
				not exist for the use at the time that the permit was issued, then the trip
				generation rates shown in the current edition of the ITE manual shall be used
				to compute the baseline traffic.
(g) As a condition of any permit the
				Department may require a bond or certified check in an amount sufficient to
				guarantee or insure proper maintenance or restoration of the area disturbed by
				the permittee. If it becomes necessary for Department forces or contractors to
				make repairs, for any reason, the cost of such work shall be borne by the
				permittee.
(h) The permittee shall
				notify the Regional Maintenance Office at least 72 hours prior to starting
				work, in order that the Department may have a representative at the site. The
				access shall be completed in an expeditious and safe manner. It is the
				responsibility of the permittee to complete the construction of the access
				according to the terms and conditions of the permit.
(i) The Department will have each permit
				recorded in the county in which the subject lot is located. Access permits are
				associated with the property and not with the applicant.
(j) If, after issuance of a permit by the
				Department, a permittee is barred or prevented, directly or indirectly, from
				proceeding with the development by a legal action instituted by any State
				agency, political subdivision, or any other individual or party or by a
				directive or order issued by any State agency, political subdivision, or court
				of competent jurisdiction, the period of time prescribed by this Code for
				construction of an access point intersecting a State highway shall be tolled
				during the pendency of said legal action, directive, or order. The permittee
				shall notify the Regional Maintenance Office in writing and include its
				supporting documentation within 30 days of any action that may invoke this
				provision. If construction has already commenced, the permittee shall
				immediately contact the Regional Maintenance Office to ensure that the
				cessation of work does not create a hazard. The permittee shall restore any
				disturbed area at a time and in a manner prescribed by the Department or the
				Department may do so at the permittee's expense. The remaining access
				construction time shall again begin to run from the date on which the legal
				directive or order is removed. The permittee shall notify the Regional
				Maintenance Office or the Bureau of Major Access Permits, whichever issued the
				permit, in writing within 30 days of the date of such resolution or removal.
				The Department reserves the right to evaluate the access permit conditions if
				the tolling time extends beyond five years from the date of the
				permit.
(k) If the Department
				denies a permit, the denial letter shall set forth the reasons for the denial
				and include references to published policies and standards which support the
				denial.
(l) In order to obtain a
				permit, the applicant shall include a title block on the permit plans. The
				title block shall be located in the lower right corner of the plans and should
				be three inches (75 millimeters) high and seven inches (175 millimeters) wide
				and shall include the block, lot, municipality, county, date, and name of the
				lot owner.
(m) As a condition of
				any major with planning review permit, the Department will require that the
				permit expire if any expansion or change in use results in a LOS F at any site
				access point on a State highway. The Department will not require that the
				permit expire if the drop in level of service is caused by traffic attributable
				to other developments.
(n) All
				permits and developer agreements shall contain provisions for indemnification
				of the State, and its agents, servants, and employees. Current forms of these
				provisions shall be available upon request from the Bureau of Major Access
				Permits.
(o) Every permit
				authorizing construction shall contain a condition stating that the permit is
				not valid until the permittee obtains a confirmation number from the One-Call
				Damage Prevention System, in accordance with
				48:2-83, and provides the
				confirmation number to the Department office issuing the access
				permit.