reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.7 - Incorporation

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion of the review of public comments by the
				  working committee and such revisions to the access management plan conditions
				  as may be made, the governing body of the municipality which participated in
				  the joint planning process shall incorporate the access management plan into
				  its land development ordinances and the planning board of such municipality
				  shall amend its master plan to incorporate the access management plan.
				  Certified copies of the ordinances and master plan amendments shall be
				  forwarded to the Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.8 - Termination or withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner may terminate the work activity if the working committee fails to
				complete the draft access management plan or to review the public comments and
				revise the access plan in a timely manner, or the municipalities or counties
				fail to adopt the ordinance and master plan amendments. In the case of
				withdrawal by the Department, the work activity shall terminate.
(b) Any participant in the joint planning
				process may withdraw at any time by so notifying all other participants
				thereof. The notice shall state the reasons for such withdrawal. In the case of
				withdrawal by a municipality, the work activity shall terminate in that
				municipality.
(c) Upon withdrawal
				or termination, each party shall pay its share of the cost expended to date for
				developing the access management plan.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.9 - Adoption

Current through Register Vol. 56, No. 14, July 15, 2024
Within 60 days of receipt of all of the municipal ordinances
				  and master plan amendments, the Commissioner shall incorporate the access
				  management plan into the Access Code in the manner established for adoption of
				  rules pursuant to the Administrative Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.10 - Access permit coordination

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the adoption of the access management plan, access
				  permits along the highway segment will be processed according to N.J.A.C
				  16:47-4.1 7.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.11 - Revisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner and any municipality, county, or other noticed public agency
				listed in 16:47-6.5(a) 
				which participates in an access management plan may request a revision therein
				by mailing a letter to all participants setting forth the proposed changes.
				Within 60 days of such notification, the Commissioner shall schedule a meeting
				of all members of the original working committee, or such successors as are
				designated to discuss the revisions. This subsequent working committee shall at
				least contain representatives from the Department and the municipality. The
				Commissioner shall determine within 30 days of such meeting whether the
				proposed revisions are major or minor. The Commissioner shall classify proposed
				revisions as minor whenever such revisions propose changes in the location of,
				but not in the number of, driveways or streets which are the subject of the
				access management plan or whenever it is determined that the proposed revisions
				should otherwise be treated as minor. All other proposed revisions shall be
				treated as major. Major revisions may require additional study and shall
				require public notice and hearing as set forth by
				16:47-6.6. Major revisions shall
				also require acceptance by the working committee, adoption of conforming
				municipal and county ordinances and master plan amendments, and incorporation
				into the Access Code by the Commissioner. Revisions shall be completed and
				submitted within the time frame and in the manner set forth in (b) and (c)
				below.
(b) Minor revisions shall
				require acceptance by the working committee, adoption of conforming municipal
				and county ordinance and master plan amendments, and incorporation into the
				Access Code by the Commissioner. They shall be accepted by the working
				committee within 90 days of the first meeting of the committee. The party
				initiating the proposed revisions shall be responsible for all costs associated
				with reevaluating and changing the access management plan.
(c) Major revisions may require additional
				study and shall meet all requirements set forth in
				16:47-6.5 through 6.9.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.12 - Adopted access management plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adopted access
				management plans, incorporated by reference into this chapter in accordance
				with 16:47-6.9, are listed in this
				section. Copies of said plans shall be available from the municipal clerk of
				the affected municipalities and through the Commissioner, Attention: Director
				of Transportation Systems Planning, PO Box 600, 1035 Parkway Avenue, Trenton,
				NJ 08625-0600. Either agency is permitted to charge a fee to cover costs of
				reproducing and shipping the document to any interested party. The procedure by
				which an adopted Access Management Plan may be revised is contained in
				16:47-6.1 1.
(b) The following municipalities have
				approved access management plans:
1. The
				"Final Report: Route 34, Colts Neck, Highway Access Management Plan," covering
				the State highway segment from milepost 12.28 to milepost 13.71, dated April 4,
				1997, the plan sheets for the "Access Management Plan for New Jersey Route 34"
				dated January 15, 1996 (Plan Sheets 2A, 2B and 3) and September 12, 1996 (Plan
				Sheet 1), and the revised plan sheets for the "Route 34 Access Management Plan,
				Minor Revision No. 1" covering mileposts 12.74 to 12.99, dated March 12, 2004,
				and "Route 34 Access Management Plan, Minor Revision No. 2 (Plan Sheet 1),"
				covering mileposts 12.28 to 12.70, dated January 18, 2005 are incorporated into
				this chapter by reference. The plans may be obtained from the following source:
Township Clerk
Township of Colts Neck
124 Cedar Drive
Colts Neck, NJ 07722
2. The report for the "NJ Route 72 Access
				Management Plan Study and Transportation Needs Analysis" covering the State
				highway segment from mileposts 18.06 to 28.13, in Stafford Township, dated
				August 1997, and the plan sheets for "Access Management Plan for New Jersey
				Route 72," dated July 29, 1997, and supplemented by the design plans for Minor
				Revision No. 1, dated April 24, 2001 from mileposts 21.69 to 22.99: Minor
				Revision No. 2, from milepost 18.3, Block 77, Lots 2, 4, 5 and 1.02, dated
				March 19, 2004; Minor Revision No. 3, milepost 22, Block 27, Lot 1; Block 42,
				Lot 14.01, dated March 19, 2004; Revision No. 4, dated September 1, 2007, for
				changes to Block 42.01, Lot 2, milepost 18.4; Block 25, Lot 26, milepost 21.5;
				Block 75, Lots 2, 3, 4.01, 5, Block 77, Lot 1.06 and Block 120, Lot 15 from
				mileposts 22.00 to 22.99; Block 74, Lots 3, 6.01 and 6.02, milepost 23; Block
				147.107, Lots 142.02 and 151.02, milepost 24.6, may be obtained from the
				following source:
Township Clerk
Stafford Township
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 7 - GENERAL CONDITIONS AND RESTRICTIONS OF PERMITS › Section 16:47-7.1 - General conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All improvements made to a State highway
				shall conform to the requirements found at N.J.A.C. 16:47 Appendix E.
(b) Traffic control features and devices
				within the State highway ROW and easements, including, but not limited to,
				traffic signals, channelizing islands, medians, and median openings are
				considered operational and safety features of the State highway, and do not
				provide a particular means of access to a lot or site. Traffic control features
				within the State highway ROW may be installed, removed, or modified at any time
				by the Commissioner to promote efficient traffic operations or traffic
				safety.
(c) All pavement markings
				on State highways, including acceleration and deceleration lane markings, and
				signage installed for the operation of the State highway shall be maintained by
				the Department and may be removed or modified by the Commissioner, at any time,
				to promote efficient traffic operations or traffic safety. All pavement
				markings and signage required for the operation of a driveway or street, such
				as stop bars and stop signs, shall be maintained by the lot or site
				owner.
(d) The Department has
				jurisdiction over all structures within the State highway ROW and easements
				including, but not limited to, guide rail, curb, drainage systems, regulatory
				signs, directional and warning signs, and electrical facilities. Relocation or
				removal of any of these facilities, at the lot or site owner's expense, may be
				approved by the Commissioner in conjunction with an access permit. Relocation
				of State highway facilities and any additional expenses necessitated by the
				relocation, by the Department in conjunction with an access permit, shall be at
				the lot or site owner's expense.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 7 - GENERAL CONDITIONS AND RESTRICTIONS OF PERMITS › Section 16:47-7.2 - General restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				27:7-26, the Department will not permit
				openings in newly constructed or resurfaced State highways for a period of five
				years after the construction or resurfacing, without the consent of the
				Commissioner. This restriction does not apply to the construction of driveways.
				If openings are allowed, the lot or site owner shall be required to mill and
				resurface the section of roadway to the limits and standards established by the
				Department.
(b) Border areas shall
				be kept clear of buildings, sales exhibits, signs, parking areas, service
				equipment, and appurtenances. The Department will not be responsible for
				maintenance or replacement of any such appurtenances within the State highway
				ROW, whether authorized by permit or not.
(c) The provisions of N.J.A.C. 16:41, Highway
				Occupancy Permits, shall apply to:
1. The use
				of State highway ROW for any private purpose or uses associated with private
				purpose, including, but not limited to, lighting, sprinklers, or landscaping
				structures;
2. Trimming or removal
				of trees, shrubbery, or any other vegetation within the State highway ROW, in
				conjunction with an access permit, and shall not be authorized unless specified
				in the access permit; and
3. The
				placement, maintenance, or display of any unauthorized traffic control device
				which could be mistaken for an official traffic control device, which attempts
				to direct the movement of traffic, or which hides from view or interferes with
				the effectiveness of any official traffic control device.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 7 - GENERAL CONDITIONS AND RESTRICTIONS OF PERMITS › Section 16:47-7.3 - Decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner shall decide upon the limited access designation considering the
				safe and efficient movement of people and goods and the public comments. The
				Commissioner's written determination shall include the reasons for the decision
				and address the public comments.
(b) Notice of decision shall be provided to
				all municipalities and counties located within 200 feet (60 meters) of the
				highway segment.
(c) The
				designation of a limited access highway segment shall be promulgated as an
				amendment to this subsection, pursuant to the Administrative Procedures Act,
				52:14B-1 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 8 - PERMITS › Section 16:47-8.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lot or site
				owner shall apply for and obtain an access permit, pursuant to the provisions
				of this chapter, before undertaking any of the activities listed in this
				subsection.
1. Constructing one or more
				driveways or streets intersecting a State highway, including emergency
				driveways;
2. Changing any existing
				driveway or street intersecting a State highway, whether within or outside the
				State highway ROW including, but not limited to, addition of a traffic signal,
				street closures, changing the number of lanes, driveway removals, changing the
				width of a driveway, changing the location of a driveway, and changing
				oneway/two-way operations;
3.
				Expanding the land use on a lot or site having one or more existing driveways
				or streets connecting to a State highway, to the extent that a significant
				increase in traffic results;
4.
				Changing the use on a lot or site having one or more existing driveways or
				streets connecting to a State highway, to the extent that a significant
				increase in traffic results;
5.
				Subdividing a lot fronting on a State highway, or consolidating two or more
				lots, at least one of which fronts on a State highway;
6. Constructing a temporary driveway fronting
				on a State highway;
7. Initiating
				any activity that may interfere with the free and safe movement of traffic on a
				State highway; and
8. Increasing
				the number of trips between a State highway and a private street to the extent
				that a significant increase in traffic results.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 8 - PERMITS › Section 16:47-8.2 - Letter of No Interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lot or site
				owner may request, in writing, that the Department issue a Letter of No
				Interest. The request shall be sent to the following:
New Jersey Department of Transportation
Manager, Bureau of Major Access Permits
PO Box 600
Trenton NJ 08625-0600
1. Requests for issuance of such a letter
				shall include a plan showing existing conditions and a proposed site plan, both
				of which indicate size and type of land use; a copy of the municipal tax map
				showing the lot or site in question and the adjacent lots on either side; and
				the lot conformance calculations as described in
				N.J.A.C.
				16:47-5.1.
2. Requests shall explain why the owner
				believes that his or her plans for development of the lot or site do not
				require issuance of a permit and shall specifically set forth why the owner
				believes that the development plans do not include any of the activities
				requiring issuance of a permit set forth above.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 8 - PERMITS › Section 16:47-8.3 - Grandfathered permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All driveways
				and streets in existence prior to September 21, 1992, shall be considered
				grandfathered and to have been constructed in accordance with the provisions of
				this chapter, if no permit was issued. Lots with grandfathered permits are
				subject to the requirements of this chapter.
(b) Nonconforming lots or sites with
				grandfathered permits are subject to maximum trip limitations, as described at
				N.J.A.C.
				16:47-5.2. These lots or sites are subject to
				these maximum trip limitations, whether or not a significant increase in
				traffic occurs as a result of an activity described in
				N.J.A.C.
				16:47-8.1(a).
(c) Nonconforming lots or sites with
				grandfathered permits for which the existing size and type of land use causes
				the trip generation to exceed the maximum trip limitations for the lot or site,
				will only be granted a permit under
				N.J.A.C.
				16:47-8.1(a) if the proposed
				use will not exceed the trip generation granted under the grandfathered permit.
				Any proposed highway improvements must benefit the State highway.
(d) A determination as to whether a permit
				for a lot or site is grandfathered or a new permit is needed shall be made as
				follows:
GRANDFATHERING PERMITS QUESTIONS
GRANDFATHERING PERMITS DETERMINATION
1. Does the lot or site owner have a valid permit issued
						  by the Department?
Yes. Lot or site is not grandfathered. No. Go to
						  Question 2.
2. Does the Department have a valid permit on file for
						  the lot or site?
Yes. Lot or site is not grandfathered. No. Go to
						  Question 3.
3. Is the driveway between the State highway and the lot
						  or site as it exists today, the same as the driveway that existed on September
						  21, 1992?
Yes. Lot or site is grandfathered and allows for the
						  continued use of the driveway and the size and type of land use that existed on
						  September 21, 1992. Go to Question 4. No. Lot or site is not grandfathered and
						  a permit is required.
4. Has the land use changed since September 21, 1992?
Yes. A new permit may be required depending on trip
						  generation and lot conformance. No. Lot or site is grandfathered and allows for
						  continuation of the size and type of land use that existed on September 21,
						  1992. Changes to the size and type of land use may require a new permit. See
						  N.J.A.C.
						  16:47-8.1(a).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 8 - PERMITS › Section 16:47-8.4 - Permit types

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are five types of access permits,
				based on the activity to be undertaken, as described in this subsection and
				shown at N.J.A.C. 16:47-8.5, Table 2:
1. Driveway permits, including emergency
				driveway and driveway removals;
2.
				Street permits, including permanent street closures;
3. Lot subdivision permits;
4. Lot consolidation permits; and
5. Temporary driveway permits.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 8 - PERMITS › Section 16:47-8.5 - Permit categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit categories are based on the
				traffic generated on a lot or site and those trips that utilize a State highway
				to access the developed lot or site, whether by a driveway between a State
				highway and a lot or site or through adjacent street intersections. Deductions
				can be made for internal trips; however, no deductions shall be allowed for
				pass-by trips when determining the permit category.
(b) Permit categories are based on the
				highest average daily weekday and weekend trip generation of the lot or site
				and the highest average A.M., P.M., or weekend peak hour trip generation of the
				lot or site. Trip generation shall be determined in accordance with the
				provisions of this chapter including, but not limited to, the provisions of
				N.J.A.C. 16:47 Appendix F-1.4, Scope of Study.
(c) If the lot or site owner either fails to
				specify a land use or specifies "flexspace" in the access application, the
				Department will consider the land use to be the highest potential trip
				generator and the corresponding permit category will apply.
(d) There are three categories of driveway
				permits as determined by the Department, based on the trip generation of the
				lot or site described in N.J.A.C. 16:47 Appendix F. These categories are
				described in this subsection and shown in Table 2 below:
1. Minor driveway permit--required for any
				lot or site with less than 500 daily trips between it and a State highway.
				Permits associated exclusively with driveway removals or emergency driveways
				shall be categorized as minor, regardless of the trip generation on the lot or
				site;
2. Major driveway
				permit--required for any lot or site with 500 or more daily trips between it
				and a State highway; and
3. Major
				with planning review driveway permit--required for any lot or site with 500 or
				more daily trips and 200 or more new trips in any peak hour between it and a
				State highway.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 8 - PERMITS › Section 16:47-8.6 - Additional Department permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applicants undertaking activities that require an access permit and a highway
				occupancy permit for drainage, curb, sidewalks, handicap ramps, landscaping,
				tree trimming, vegetation control, unclassified landscaping, grading,
				guiderail, crosswalks, bus shelters or benches, or lane or shoulder closings on
				State highways pursuant to N.J.A.C. 16:41, Highway Occupancy Permits, shall
				submit one access application for the combination of these activities. The
				Department may issue a single access permit to authorize all of these
				activities for the lot or site consistent with the provisions of N.J.A.C. 16:41
				and this chapter.
(b) Other permits
				or approvals requiring application separate from an access permit issued
				pursuant to this chapter may be necessary for occupancy of the State highway
				ROW. These permits or approvals include, but are not limited to, those issued
				pursuant to: N.J.A.C. 16:25, Utility Accommodation; 16:27, Traffic Regulations
				and Standards for Traffic Control Devices; 16:41, Highway Occupancy Permits,
				for actions other than those referenced above; 16:41B, Newspaper Boxes on State
				Highway Right-of-Way; and 16:41C, Roadside Control and Outdoor
				Advertising.
(c) An access permit
				may be issued for construction of a driveway or street that requires the
				relocation of public or private utility facilities. Utility relocations shall
				be the responsibility of the lot or site owner and at the owner's expense.
				Should a utility have attached to it a State-owned facility connection, the
				Department will relocate the service connection at the lot or site owner's
				expense. Separate permits, as required by N.J.A.C. 16:41, shall be obtained by
				the utility company for utility relocations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications shall reflect current
				conditions, as they exist at the time of application, and shall include, as
				appropriate, all State, county, municipal, or private projects that have been
				advertised for construction or awarded in the vicinity of the proposed driveway
				or street. Information about currently advertised Department projects, those
				planned for advertisement, or those that have already been awarded can be found
				on the Department's website at:
http://www.state.nj.us/transportation/business/procurement/ConstrServ/
.
				The Department's Bureau of Major Access Permits or Operations Permit Office and
				local governments should be contacted to determine if such projects may affect
				the application.
(b) If the lot or
				site is to be served by one or more driveways between it and the State highway,
				as well as non-State highway access, a description of the distribution of
				vehicles using State highway driveways and non- State highway access shall be
				provided.
(c) Prior to submitting
				any access application for development within the Pinelands Area, the Highlands
				Region, or the Hackensack Meadowlands District, a lot or site owner shall give
				required notice to the New Jersey Pinelands Commission, the New Jersey
				Highlands Council, or the New Jersey Meadowlands Commission, as appropriate,
				pursuant to applicable law. The application submitted to the Department shall
				indicate the lot or site owner's compliance with any notice
				requirements.
(d) Subsequent to
				filing an access application, if an applicant unilaterally makes changes to
				either the size or type of land use, or design or location of proposed
				driveways or streets, thereby requiring re-review of the application by the
				Department, the access application shall be considered withdrawn. Once
				withdrawn, to be reconsidered, a new application and the appropriate fee shall
				be submitted. If the lot or site owner changes the proposed development or
				access plan in response to Department, municipal or county comments, a new
				application and fee will not be required.
(e) Applicants undertaking more than one
				activity that requires an access permit, such as driveway access, lot
				subdivision, or streets, shall submit a separate application for each activity.
				However, only one application fee will be required, which will be the highest
				applicable fee, pursuant to N.J.A.C. 16:47-9.8.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.2 - Applications for staged development

Current through Register Vol. 56, No. 14, July 15, 2024
Applications for staged development may be approved if the
				  access plan at each stage of development satisfies design standards as required
				  pursuant to this chapter. All known development stages, including the size and
				  type of land use for each stage, shall be shown on the application plans, with
				  an indication of the sequence for construction of each stage
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.3 - Concurrent applications

Current through Register Vol. 56, No. 14, July 15, 2024
When the Department receives applications from two or more
				  applicants that affect the same State highway segment, the Department will
				  coordinate the review of the applications and determine the fair share
				  obligation needed for the combined sites, proportioned between the lot or site
				  owners based on the volumes of traffic generated by their sites accessing the
				  State highway segment as determined by the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.4 - Pre-application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				pre-application meeting is intended to provide a lot or site owner with
				guidance on the access application process, familiarize the Department with the
				proposed development, and identify potential issues that should be addressed in
				the access application. Guidance provided at this meeting shall not be deemed
				to constitute final Department approval.
(b) A pre-application meeting is mandatory
				when applying for a major with planning review permit, a permit for a new
				street, and when a new traffic signal is proposed. A pre-application meeting is
				not required when applying for a major permit, but may be held if requested.
				Meetings are not normally necessary when applying for a minor permit.
(c) All pre-application meetings require the
				following:
1. A pre-application meeting
				request shall be made in writing to the Bureau of Major Access Permits at the
				address found at N.J.A.C. 16:47-9.5(g).
2. Copies of the information specified in the
				Pre-Application Meeting Checklist found in N.J.A.C. 16:47 Appendix H-1 shall be
				submitted with the request for a pre-application meeting.
3. The Bureau of Major Access Permits will
				arrange the pre-application meeting with the lot or site owner or his or her
				representative, who shall be accompanied by the professional who will be
				preparing the access application. The lot or site owner shall notify the
				municipal and county engineers of the scheduled meeting at least seven days in
				advance of the meeting and include, with the notification, copies of all
				materials submitted to the Department. Copies of these notifications shall be
				submitted to the Department at the pre-application meeting. Attendees applying
				for a major with planning review permit should be prepared to discuss the study
				area and study locations to be analyzed in the required traffic impact
				study.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.5 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Applicants for all permit types, except major with planning review, shall
				follow the one-step application review process found at N.J.A.C. 16:47-9.6.
				Applicants for major with planning review permits may choose to follow either
				the one-step application review process found at N.J.A.C. 16:47-9.6 or the
				two-step application review process found at N.J.A.C. 16:47-9.7, unless
				otherwise directed by the Department to follow the two-step application review
				process.
(b) Applications for an
				access permit following the one-step application review process shall include
				the following:
1. A completed and signed
				application form;
2. The applicable
				fee as described at N.J.A.C. 16:47-9.8;
3. All required application checklist items
				found at N.J.A.C. 16:47 Appendix H-2;
4. All required plan checklist items found at
				N.J.A.C. 16:47 Appendix H-3;
5.
				Documentation of permission from an affected lot or site owner when site
				traffic is routed through another lot or site not the subject of the
				application; and
6. Designated
				contact person.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.8 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				non-refundable fees for access applications are set forth in Table 5. 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 to the appropriate permits unit.
TABLE 5-APPLICATION FEES
PERMIT CATEGORIES
PERMIT TYPE
MINOR
MAJOR
MAJOR WITH PLANNING REVIEW
1. Driveway Permits
Single Family Residential
$ 60
--
--
Single Family Residence and Business
$ 130
--
--
Non-Residential
$ 465
$ 6,600
$ 15,800
Government
$ 265
$ 265
$ 265
Emergency Driveway
$ 465
$ 465
--
Driveway Removal
$ 465
$ 465
--
2a. Street Permits associated with
								development
$ 465
$ 6,600
$ 15,800
2b. Street Permits not associated with
								development
$ 265
--
--
3. Lot Subdivision
$ 350
$ 350
--
4. Lot Consolidation
$ 350
$ 350
--
5. Temporary Driveway Permits
$ 350
--
--
(b)
				Developments that set aside at least 10 percent of the housing units for low-
				and moderate-income residents pursuant to the Fair Housing Act,
				N.J.S.A.
				52:27D-301et seq., or under court settlement,
				are entitled to a 10 percent reduction in fees. To be eligible for this
				reduction, the lot or site owner shall submit the full application fee and an
				affidavit from the municipality, certifying that the 10 percent requirement has
				been met. Upon approval of access, the Department will reduce, by 10 percent,
				the total application and permit fees combined. Permit extension fees issued
				pursuant to N.J.A.C. 16:47-10.11are not subject to reduction.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.9 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may, in its discretion, based on the facts of a particular application, issue
				an access permit that does not meet one or more of the requirements of this
				chapter where it finds that compliance with those requirements is not
				reasonably attainable at the time that an application is submitted or that
				denial of the application would leave the lot or site without reasonable access
				to the general system of streets and State highways. No waivers or other relief
				from design standards or other provisions of this chapter may be granted unless
				the waiver can be granted without substantial detriment to the safety and
				operation of the State highway system and without substantially impairing the
				intent and purpose of the State Highway Access Management Act and this
				chapter.
(b) Possible bases for
				waiver requests include, but are not limited to:
1. Existing substandard conditions;
2. Existing social, economic, or
				environmental constraints;
3.
				Unreasonableness of strict application of this chapter under particular
				circumstances;
4. Location within
				an urban enterprise zone;
5.
				Conflict between the requirements of this chapter and the requirements of:
i. The New Jersey Pinelands Commission or the
				Pinelands Protection Act,
				N.J.S.A.
				13:18A-1et seq.;
ii. The Coastal Area Facility Review Act,
				N.J.S.A.
				13:19-1et seq.;
iii. The Freshwater Wetlands Act,
				N.J.S.A.
				13:9B-1et seq.;
iv. The Stream Encroachment Act,
				N.J.S.A.
				58:16A-50et seq.;
v. The Federal Flood Hazard Zone
				regulations;
vi. The Delaware River
				Basin Commission;
vii. The Delaware
				and Raritan Canal Commission;
viii.
				The New Jersey Meadowlands Commission; or
ix. The New Jersey Highlands
				Council.
6. Imposition
				of conditions by a municipal, county, or other approving agency beyond the
				control of the lot or site owner, and acceptable to the Department;
				and
7. Low- or moderate-income
				housing, proposed pursuant to the Fair Housing Act,
				N.J.S.A.
				52:27D-301et seq., or under court
				settlement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.2 - Execution of permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No work
				shall be allowed within State highway ROW until the Department has signed, and
				thereby executed, the permit.
(b)
				Within 180 days of issuance of the notice of permit approval, the lot or site
				owner shall submit to the Department two signed and certified permits, complete
				permit documents as specified in the notice of permit approval, and the
				appropriate permit fee pursuant to N.J.A.C. 16:47-10.3. For public streets,
				permits shall be signed by a municipal or county official if the street is to
				be constructed on public property. For private streets, permits shall be signed
				by the lot or site owner.
(c) A lot
				or site owner that fails to respond within 180 days will have the application
				considered withdrawn. Reconsideration of the application shall require a new
				application and appropriate application fee.
(d) Upon receipt of the permit signed by the
				lot or site owner, permit fee, and all required permit documents, the permit
				will be executed by the Department within 15 days and an original signed copy
				of the executed permit will be returned to the lot or site owner, as
				appropriate.
(e) If, after
				execution of a permit, a lot or site owner is barred or prevented, directly or
				indirectly, from constructing the permitted access 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 time period specified in the permit for
				completing construction shall be tolled (suspended) until the legal action is
				decided, or a directive or order is issued. To invoke tolling of the permit
				construction time period, the lot or site owner shall notify, in writing, the
				permit unit that issued the permit and include any supporting documentation
				within 30 days of said legal action, directive, or order. If construction has
				already commenced, the lot or site owner shall immediately contact the permit
				unit that issued the permit to ensure that stoppage of construction does not
				create a hazard. The lot or site owner shall restore any disturbed area at a
				time and in a manner prescribed by the Department or the Department may do so
				at the expense of the lot or site owner. The remaining access construction time
				period shall resume on the date on which the legal action, directive, or order
				is resolved or removed. The lot or site owner shall notify, in writing, the
				permit unit that issued the permit within 30 days of the date of such
				resolution or removal. The Department reserves the right to evaluate and
				modify, as it deems appropriate, the access permit conditions if the tolling
				period extends beyond five years from the date of the permit
				issuance.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.3 - Permit fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lot or
				site owner shall pay all permit fees required for each permit that must be
				obtained.
(b) The non-refundable
				permit fees are set forth in Table 6 below. Fees shall be in the form of a
				check or money order made payable to the New Jersey Department of
				Transportation. Cash will not be accepted.
(c) Permit fees for applicants satisfying the
				requirements of N.J.A.C. 16:47-9.8(b)may be reduced.
TABLE 6-PERMIT FEES
PERMIT CATEGORIES
PERMIT TYPE
MINOR
MAJOR
MAJOR WITH PLANNING REVIEW
1. Driveway Permits
Single Family Residential
$ 25
--
--
Single Family Residence and Business
$ 45
--
--
Non-Residential
$ 150
$ 440
$ 440
Government
$ 440
$ 440
$ 440
Emergency Driveway
$ 150
--
--
Driveway Removal
$ 150
--
--
2a. Street Permits associated with
								development
$ 150
$ 440
$ 440
2b. Street Permits not associated with
								development
$ 440
--
--
3. Lot Subdivision
--
--
--
4. Lot Consolidation
--
--
--
5. Temporary Driveway Permits
--
--
--
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.5 - Developer agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department will require a developer agreement as a condition of an access
				permit whenever any of the following exists:
1. Phased development and roadway
				improvements;
2. Right-of-way
				dedication;
3. Department
				involvement in right- of-way acquisition;
4. State highway improvements requiring daily
				monitoring by a resident engineer;
5. Fair share financial
				contributions;
6. Physical
				modifications to existing traffic signals or installation of new traffic
				signals; and
7. When Department
				review and inspection costs are anticipated to exceed the fees collected for
				the application and permit.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.6 - Financial contributions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When a permit requires a fair share mitigation obligation that the Department
				has determined can be satisfied by a non-refundable financial contribution, as
				described in N.J.A.C. 16:47 Appendix F-2.2, the Department will deposit these
				funds in a designated account.
(b)
				The Department will enter into a fair share agreement when the fair share
				mitigation obligation is being satisfied only through a financial contribution
				and there is no other requirement for a developer agreement. Otherwise the fair
				share mitigation obligation will be included in a developer
				agreement.
(c) A financial
				contribution may be expended on any of the activities described in N.J.A.C.
				16:47 Appendix F-2.3d, fair share obligation determination, to implement
				operational improvements for any identified locations requiring mitigation. The
				Department will give priority to mitigating the identified locations, then to
				other locations that improve the State highway, first within the municipality,
				then within the county, and then within the region within which the lot or site
				is located.
(d) The Department may
				allow a fair share financial contribution and accrued interest, or any portion
				thereof, to be used by any Federal, State, regional, or local entity, or to be
				used by any person or private entity as the Department deems appropriate for
				the implementation of the improvements referenced in (c) above.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.7 - Right-of-way dedication

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				right-of-way dedications to the Department shall comply with prevailing laws
				and Federal Highway Administration regulations.
(b) All right-of-way documents required for
				dedications shall be prepared in conformance with the requirements of N.J.A.C.
				16:47 Appendix E.
(c) Right-of-way
				dedications are accomplished in a multi-step process as follows:
1. Once notified that a dedication will be
				required, the lot or site owner shall submit to the Bureau of Major Access
				Permits two copies of the existing deed to the lot or site, two copies of a
				metes and bounds description of the land to be dedicated to the State, and two
				copies of a 22-inch by 36-inch General Property Parcel Map (GPPM) at a scale of
				one inch equals 30 feet, along with the single point of contact for this
				process.
2. After Department
				approval of the documents listed in (c)1 above, the lot or site owner will be
				advised to submit:
i. A 22-inch by 36-inch
				mylar of the approved GPPM at a scale of one inch equals 30 feet;
ii. Six prints of the GPPM signed and sealed
				by a New Jersey licensed land surveyor;
iii. Six copies of the approved metes and
				bounds description signed and sealed by a New Jersey licensed land
				surveyor;
iv. Two copies of a
				signed waiver letter from the present owner indicating his or her knowledge
				that the land dedicated has value and his or her willingness to waive all
				rights to receive compensation from the State for these lands and access rights
				that he or she will dedicate to the State at no cost;
v. Two copies of a draft, unsigned deed of
				conveyance or perpetual easement for the right-of-way dedication to the State
				with legal description and reduced copy (either 8.5-inch by 11-inch or 8.5-inch
				by 14-inch to match the deed size) of the GPPM attached. The lot or site owner
				is solely responsible for resolving and removing all liens, encumbrances, or
				both, from the deed prior to obtaining the title policy, with the only
				exception being public utility easements; and
vi. A single point of contact concerning any
				required revisions to the draft deed.
3. After approval of the documents listed in
				(c)2 above, the lot or site owner will be notified to execute the deed of
				conveyance and record it with the county. The lot or site owner will also be
				directed to submit one copy of the recorded deed of conveyance and a title
				policy to the Department. The required title policy is to be of a nominal
				dollar value of $ 5,000 and is to be evidence that the State has acquired "good
				and marketable title" to the parcel dedicated with no exceptions other than
				public utility easements, which means the parcel cannot be encumbered by any
				rights held by others except for public utility easements.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.8 - Construction inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Construction within the State highway ROW is subject to inspection by the
				Department.
(b) For construction
				not subject to a developer agreement, the lot or site owner shall provide
				funding for an escrow to cover expenses for Department staff to conduct
				inspections for work conducted outside the Department's normal business hours.
				The Department may require the lot or site owner to hire consultant inspectors,
				at the owner's expense, if sufficient Department staff is not available or a
				specialized function is needed. Consultant inspectors must be prequalified by
				the Department. A list of prequalified inspectors is available on the
				Department's website at:
				http://www.state.nj.us/transportation/business/procurement/ConstrServ/prequalified.shtm
				[File Link Not Available].
(c) For
				construction subject to a developer agreement, the Department may assign
				inspection staff to the job whose time and expenses shall be charged to the lot
				or site owner including, but not limited to, expenses for work conducted
				outside the Department's normal business hours. The Department may require the
				lot or site owner to hire consultant inspectors, at the owner's expense, if
				sufficient Department staff is not available or a specialized function is
				needed. Consultant inspectors must be prequalified by the Department. A list of
				prequalified inspectors is available on the Department's website at:
				http://www.state.nj.us/transportation/business/procurement/ConstrServ/prequalified.shtm
				[File Link Not Available].