New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 11 - DEPARTMENT ADJUSTMENT, MODIFICATION, AND REMOVAL OF DRIVEWAYS › Section 16:47-11.3 - Modification of driveways

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When a driveway is modified, existing or grandfathered permits will be revised
				to reflect the modified access and an administrative permit will be
				issued.
(b) The Department will
				provide written notice of a proposed modification of a driveway and provide a
				plan showing the modification to the lot or site owner and any access easement
				holder, with a courtesy copy to all known lessees. If entry onto the lot or
				site is needed to construct the proposed modification, the Department will
				offer a lease agreement to the lot or site owner prior to beginning
				construction.
(c) If a lot or site
				owner has received notice of the proposed modification of access and initiates
				the sale of the lot or site before the alternative access is constructed, the
				lot or site seller shall provide the lot or site purchaser with a copy of the
				notice of the proposed modification of a driveway. The Department will not be
				responsible for providing notice to a lot or site purchaser.
(d) The lot or site owner and any access
				easement holder shall respond to the Department, in writing, within 45 days of
				receipt of the notice of the proposed modification of a driveway, advising the
				Department of either the acceptance of the proposed modification of a driveway
				or the intention to appeal the proposed modification of a driveway and the
				basis for that appeal. Lessees do not have the right to appeal a modification
				of a driveway and should advise the lot or site owner of any issues with the
				proposed modification of a driveway. The lot or site owner's or any access
				easement holder's failure to timely respond shall constitute a waiver of all
				appeal rights and the Department's proposed modification of access will become
				the final agency decision.
(e) Upon
				receipt of a timely notice of intention to appeal a proposed modification of a
				driveway, the manager overseeing the access design unit will schedule a meeting
				with the lot or site owner or any access easement holder to resolve the issues
				identified as the basis for the appeal. The manager of the unit will issue a
				written decision within 45 days of the meeting. The decision may be appealed to
				the Director, in writing, within 45 days of its receipt. That appeal must set
				forth the reasons for not accepting the Department's decision.
(f) The Director will schedule a hearing
				within 14 days of receipt of the lot or site owner's or any access easement
				holder's appeal, and may designate a hearing officer. At the hearing, the lot
				or site owner or any access easement holder may present evidence supporting
				objections to the proposed modification of a driveway. The hearing will be
				formal, with all testimony regarding the appeal documented by a court reporter.
				The Director will close the record when all relevant information requests made
				at the hearing have been submitted.
(g) The Director will provide the written
				final agency decision to the lot or site owner or any access easement holder
				within 45 days of the closing of the record or remand the matter for further
				consideration by the access design unit. In reaching the final agency decision,
				the Director will consider the evidence presented at the hearing and the
				provisions of the State Highway Access Management Act and this
				chapter.