New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 2 - DEFINITIONS › Section 16:41-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Access permit" means a permit issued pursuant to N.J.A.C.
				  16:47, as amended and supplemented.
"Application" means a document submitted to the Department to
				  initiate the permit process.
"Applicant" means a private party or entity, municipality,
				  county, or any public agency applying for a permit.
"Banner" means a strip of material without rigid support that
				  is painted or printed with text or graphics.
"Carrier" means a wireless communications company licensed by
				  the Federal Communications Commission to operate in New Jersey.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such persons as the Commissioner may
				  designate.
"Complete application" means an application satisfying
				  Department form and content requirements set forth in this chapter, thereby
				  making it acceptable for Department review.
"Day" means calendar day, unless otherwise specified.
"Decorations" means an ornament, other than a banner.
"Department" means the New Jersey Department of
				  Transportation.
"Design standards" means standards for design based on one or
				  more of the following:
1. "New Jersey
				  Department of Transportation Roadway Design Manual," 2007, as amended and
				  supplemented, or superceding editions, incorporated herein by reference,
				  available from the Department's Engineering Documents Unit at 609-530-5587 or
				  on the Department's website at:
www.nj.gov/transportation/eng/documents/RDM/
.
2. "New Jersey Department of Transportation
				  Bridges and Structures Design Manual," 4th edition, as amended and
				  supplemented, or superceding editions, incorporated herein by reference,
				  available from the Department's Engineering Documents Unit at 609-530-5587 or
				  on the Department's website at:
www.nj.gov/transportation/eng/documents/BSDM/
.
3. "A Policy on Design Standards - Interstate
				  System," 5th edition, or superceding editions, incorporated herein by
				  reference, available from the American Association of State Highway and
				  Transportation Officials (AASHTO), Suite 249, 444 North Capitol St., NW,
				  Washington, DC 20001, or on the AASHTO website at:
http://bookstore.transportation.org/
.
4. "New Jersey Department of Transportation
				  Standard Electrical Details," 2007, as amended and supplemented, or superceding
				  editions, incorporated herein by reference, available from the Department's
				  Engineering Documents Unit at 609-530-5587 or on the Department's website at:
www.nj.gov/transportation/eng/elec/
.
5. "Manual on Uniform Traffic Control Devices
				  for Streets and Highways" (MUTCD), 2009 edition, as amended and supplemented,
				  or superceding editions, incorporated herein by reference. The MUTCD is
				  available on the Federal Highway Administration website at:
				  http://mutcd.fhwa/dot/gov/ [File Link Not Available] or on the AASHTO website
				  at:
http://bookstore.transportation.org/
.
6. "New Jersey Department of Transportation
				  Standard Specifications for Road and Bridge Construction," 2007 edition, as
				  amended and supplemented, or superceding editions, incorporated herein by
				  reference, available from the Department's Engineering Documents Unit at
				  609-530-5587 or on the Department's website at:
www.nj.gov/transportation/eng/
.
7. "A Policy on Geometric Design of Highways
				  and Streets," 6th edition, or superceding editions, as amended and
				  supplemented, incorporated herein by reference, available from the American
				  Association of State Highway and Transportation Officials (AASHTO), Suite 249,
				  444 North Capitol St., NW, Washington, DC 20001, or on the AASHTO website at:
http://bookstore.transportation.org/
.
8.N.J.A.C. 16:25, Utility accommodation, as
				  amended and supplemented.
9. "New
				  Jersey Department of Transportation Sample Plans," 2007, as amended and
				  supplemented, or superceding editions, incorporated herein by reference,
				  available from the Department's Engineering Documents Unit at 609-530-5587 or
				  on the Department's website at:
www.nj.gov/transportation/eng/
.
10. "New Jersey Department of Transportation
				  Standard Roadway Construction/Traffic Control/Bridge Construction Details,"
				  2007, as amended and supplemented, or superceding editions, incorporated herein
				  by reference, available from the Department's Engineering Documents Unit at
				  609-530-5587 or on the Department's website at:
www.nj.gov/transportation/eng/
.
"Emergent situation" means a sudden, urgent, unexpected
				  occurrence or occasion that interferes with the free and safe movement of
				  traffic on a State highway, which requires immediate action.
"Expiration" means the formal termination of a permit.
"Extended lot line" means a line, radial or perpendicular to
				  the highway centerline, at each end of the frontage, extending from the
				  right-of-way line to the curbline.
"Freeway" means a multi-lane, divided highway having a
				  minimum of two lanes in each direction and limited access.
"Highway" means a public right-of-way, whether open or
				  improved or not, including all existing factors of improvements.
"Highway occupancy permit" or "permit" means any permit
				  issued under this chapter.
"Maintenance" means continuous work required to hold
				  component factors covered by a permit against deterioration due to wear and
				  tear and thus to preserve the general character of the original component
				  factors without alteration.
"New Jersey One-Call Damage Prevention System" or "One-Call
				  Notification" means the Statewide notification system that provides Statewide
				  protection of all underground facilities that are used for the conveyance of
				  water, forced sewerage, telecommunications, cable television, electricity, oil,
				  petroleum products, gas, optical signals, traffic control, or for the
				  transportation of hazardous liquid subject to the Hazardous Liquid Pipeline
				  Safety Act of 1979.
"Private utility" means any utility that is not within the
				  general jurisdiction, supervision, and control of or otherwise regulated by the
				  Board of Public Utilities or a utility owned and operated by private citizens
				  or concerns that is not otherwise identified or regulated by the Board of
				  Public Utilities.
"Public utility" means an entity as defined in
				  48:2-13.a, incorporated herein by
				  reference, as amended and supplemented, including cable television as regulated
				  under 48:5A-1 et seq., incorporated
				  herein by reference, as amended and supplemented. A public, private, or
				  cooperatively owned company that enters into a contract with a public utility
				  shall not be considered a public utility on the basis of that contract.
"Repair" means limited or minor replacement of one or more
				  component factors covered by a permit that may be required because of storm or
				  other cause to restore a condition requiring only maintenance.
"Rights-of-way" means State highway property and property
				  rights, including easements, owned and controlled by the Department.
"Right-of-way line" means the outer edge of State highway
				  property, separating highway property from the abutting lots owned by
				  others.
"Shoulder" means the portion of the roadway that lies between
				  the edge of the traveled way and curbline, excluding auxiliary lanes.
"Sidewalk area" means that portion of the right-of-way that
				  lies between the curbline and right-of-way line, regardless of whether a
				  sidewalk exists.
"State highway" means a road owned, taken over, controlled,
				  built, or maintained by the Department.
"State highway system" means the network of State
				  highways.
"Streetscape improvement" means a project contained within or
				  along state highway rights-of-way or property under the jurisdiction of the
				  Department that combines various activities covered by more than one category
				  of highway occupancy permits, including, but not limited to, crosswalks,
				  sidewalks, curbs, landscaping, drainage enhancements, benches, street
				  furnishings, lighting, and traffic calming measures. The predominant activity
				  being performed as a streetscape improvement will be the category for which the
				  permit application is made, with the other activities also indicated on the
				  application.
"Traveled way" means the portion of the roadway provided for
				  the movement of vehicles, exclusive of shoulders and auxiliary lanes.
"Utility" means a privately, publicly or cooperatively owned
				  line, facility or system for producing, transmitting, or distributing
				  communications, cable television, power, electricity, light, heat, gas, oil,
				  crude products, water, steam, waste, storm water not connected with highway
				  drainage, or any other similar commodity, including any fire or police signal
				  system or street lighting system which directly or indirectly serves the
				  public.
"Vegetation Canopy Management (VCM) Plan" means a plan by
				  which existing vegetation within State highway right-of-way is reconfigured
				  through thinning, selective removal, supplemental plantings, and other means,
				  to produce and maintain a vegetation canopy that has sufficient horizontal and
				  vertical dimension to allow visibility of off-premise outdoor advertising
				  signs, but which also provides a motorist with the appearance of a vegetated
				  corridor.
"Vegetation Canopy Management (VCM) Site Investigation" means
				  an investigation of a site to collect information needed to develop a VCM
				  plan.
"Waiver" means the Department's intentional relinquishment of
				  its right to wholly enforce provisions of this chapter. Waivers may either
				  reduce or eliminate requirements.