New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.1 - Permit issuance process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				application is approved, the Operations Permit Office shall issue proposed
				permits authorizing activity on State highway right-of-way or property under
				the jurisdiction of the Department. The approval of an application does not
				give the permittee the right to construct, maintain, repair, and use the
				specified features within State highway rights-of-way or property under the
				jurisdiction of the Department. When the permit is fully executed by both the
				Department and the applicant, the permittee has the right to construct,
				maintain, repair, and use the specified features within State highway
				right-of-way or property under the jurisdiction of the Department under the
				terms and conditions of the permit, except that a utility opening permit does
				not authorize repair.
(b) Only the
				permanent owner and operator of a utility facility shall be eligible to receive
				a utility permit from the Department. The Department shall not issue utility
				permits to the party, company, or contractor performing the installation or
				construction work, and shall not issue utility permits to the temporary agent
				or engineer handling preparation of the permit application for the permanent
				owner.
(c) The proposed permit
				shall be signed by the entity listed in the following table. The signature
				shall indicate the signatory's acceptance of the terms and conditions of the
				proposed permit:
Type of permit application
Proposed permit signed by:
Utility Openings
Utility (For longitudinal underground fiber optic
						  installations, the utility shall sign the proposed permit)
Poles
Utility
Curb, Sidewalk, or Handicapped Ramp
Abutting owner or local authority
Drainage Facilities
Property owner or local authority
Landscaping, Tree Trimming, Vegetation Control, or
						  Unclassified Landscaping
Applicant
Bridge Attachments
Utility
Pedestrian Overpass or Underpass
Abutting owner or local authority
Grading
Abutting owner or local authority
Guiderail
Abutting owner or local authority
Test Holes or Borings
Applicant
Monitoring Wells
Applicant
Crosswalks
Local authority
Bus Shelters or Benches
Registered motor carrier or local authority
Banners, Decorations, or Temporary Announcements or
						  Guide Signs
Applicant
Parades or Gatherings
Applicant
Temporary Use
Applicant
Detours off State Highways or Vice Versa
Local authority
Lane or Shoulder Closings on State Highways
Applicant or utility
Automatic Traffic Counting Procedures
Applicant
Wireless Communications Site Survey
Carrier
Railroad Grade Crossings
Railroad or its designated contractor
Miscellaneous
Applicant
Vegetation Canopy Management Site Investigation
Outdoor advertising permit holder
Vegetation Canopy Management Plan
Outdoor advertising permit holder
(d)
				If the signatory is signing other than in an individual capacity, the applicant
				shall submit with the signed proposed permit an appropriate resolution
				authorizing the individual to sign on behalf of the permittee.
(e) If the applicant does not return the
				signed proposed permit and the permit fee to the Operation Permit Office within
				30 days of the Department's transmittal to the applicant, the Department shall
				consider the application to have been withdrawn.
(f) If the applicant returns the permit fee
				and the proposed permit signed by the applicable signatory as indicated in the
				table in (c) above to the Operations Permit Office within 30 days of the
				Department's transmittal, then the Department shall execute the permit within
				10 days of its receipt by the Department.