reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41F - VEGETATION CANOPY MANAGEMENT › Subchapter 9 - PENALTIES › Section 16:41F-9.1 - Penalties for unauthorized vegetation management activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any vegetation removed without Department
				approval of a VCM Plan and issuance of a highway occupancy permit shall
				constitute a violation of the provisions of N.J.A.C. 16:41C and be subject to
				the penalties found in that chapter.
(b) Any violation of a highway occupancy
				permit issued in conjunction with the approval of a VCM Plan, including
				excessive removal beyond that authorized by the permit, shall constitute a
				violation of the provisions of N.J.A.C. 16:41 and be subject to the penalties
				found in that chapter.
(c) Second
				violations of either (a) or (b) above shall result in a denial of any
				subsequent VCM Plan applications for the sign owner for any signs, for a period
				of five years following the Department's final agency decision regarding that
				second violation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41F - VEGETATION CANOPY MANAGEMENT › Appendix 2

Current through Register Vol. 56, No. 14, July 15, 2024
Table 1
VCM TREES AND SIZES
SUBJECT TO DEPARTMENT APPROVAL FOR SELECTIVE REMOVAL
GENUS AND SPECIES
DIAMETER AT 4.5 FEET
Carya ovata
6" and above
Fagus grandifolia
8" and above
Ilex opaca
8" and above
Nyssa sylvatica
8" and above
Oxydendron arboreum
8" and above
Acer rubrum
12" and above
Acer saccharum
12" and above
Liriodendron tulipifera
12" and above
Quercus alba
12" and above
Quercus coccinia
12" and above
Quercus imbricaria
12" and above
Quercus phellos
12" and above
Quercus robur
12" and above
Quercus rubra
12" and above
Tilia cordata
12" and above
Tilia euchlora
12" and above
Tilia tomentosa
12" and above
Acer (other species)
18" and above
Liquidambar styraciflua
18" and above
Quercus (other species)
18" and above
Tilia (other species)
18" and above
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41F - VEGETATION CANOPY MANAGEMENT › Appendix 3

Current through Register Vol. 56, No. 14, July 15, 2024
Click here
				to view
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				to view
Table 2
VCM Zones of Visual Influence
Horizontal Distance
Horizontal Distance (Approximate 3.9 to 5.4
						second view time)
Posted Speed (MPH)
VCM Distance (Feet)
35 and Below
200
40-50
300
55 and above
400
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				to view
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 1 - PURPOSE AND SCOPE › Section 16:42-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish rules and
				  specifications related to a Departmental program, which allows for sponsorship
				  of Department operational activities or other highway-related services or
				  programs, in return for acknowledgment of that sponsorship.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 1 - PURPOSE AND SCOPE › Section 16:42-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In return for a
				highway-related service, product, or payment, each sponsor shall receive
				acknowledgment signs or plaques along highways and at rest areas under the
				jurisdiction and control of the Department, or other acknowledgment on
				Department equipment, materials, or vehicles that will publicly recognize each
				sponsorship activity, consistent with the provisions of this chapter.
(b) Department operational activities or
				other highway-related services or programs, may include, but are not limited
				to, operational activities or other highway-related services or programs for
				rest areas, park and ride facilities, snow removal, litter removal, vehicles
				and equipment, landscaping, maintenance and highway beautification, travel
				information, and safety or emergency service patrols.
(c) This program is not applicable to other
				programs in the Department that recognize or identify private entities through
				highway signage. These programs include, but are not limited to, Tourist
				Oriented Directional Sign (TODS) program, the Specific Service Sign (Logo)
				program, signs erected under the Supplemental Guide Sign program, and
				sponsorship signs as defined in N.J.A.C. 16:41C, Roadside Sign Control and
				Outdoor Advertising.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 3 - GENERAL PROVISIONS › Section 16:42-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Sponsors shall comply with any State or Federal laws prohibiting discrimination
				based on race, religion, color, age, sex, or national origin including, but not
				limited to, New Jersey's "Law Against Discrimination," P.L. 1945, c. 169
				(10:5-1 et seq.).
(b) Sponsors shall be solicited through a
				formal advertising and competitive procurement process, pursuant to the
				provisions of N.J.A.C. 17:12-2 and sponsorships shall be evaluated and awarded
				pursuant to the provisions of
				17:12-2.7.
(c) Sponsorship agreements shall be governed
				by the State of New Jersey procurement laws.
(d) A sponsorship agreement concerning any
				portion of the Interstate Highway System shall be subject to approval by the
				Federal Highway Administration and shall be consistent with Federal and State
				laws.
(e) All forms of
				acknowledgement shall be placed and installed at the location set by the
				Department.
(f) All acknowledgement
				signs shall be fabricated and printed at the sole cost of the sponsor and shall
				be permitted in the size, shape, and form permitted in the request for proposal
				issued for a particular sponsorship.
(g) All acknowledgement signs shall be
				maintained at the sole cost of the sponsor.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 4 - GENERAL REQUIREMENTS AND SPECIFICATIONS › Section 16:42-4.2 - Specifications for acknowledgment signs and acknowledgment plaques

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rest area
				acknowledgment signs on the highway mainline shall not be located within 500
				feet of other traffic control devices.
(b) Acknowledgment plaques mounted in the
				same sign assembly below a general service sign shall be a horizontally
				oriented rectangle, with the horizontal dimension longer than the vertical
				dimension. The size of the acknowledgment plaque must not exceed the lesser of
				1/3 of the area of the general service sign below which it is mounted or 24
				square feet. An acknowledgment plaque must not exceed 1/3 of the area of the
				largest size prescribed in the MUTCD for a specified standard sign below which
				the acknowledgment plaque is mounted, even where the standard sign is enlarged
				in accordance with Sections 2A.11 and 2I.01 of the MUTCD or where the size of a
				standard sign used is designated as oversized in the MUTCD for its
				application.
(c) In order that the
				focus remains on the service provided rather than the sponsor, the sponsor logo
				area on an acknowledgment sign or acknowledgment plaque shall be a horizontally
				oriented rectangle, consistent with the MUTCD provisions on business logos in
				Chapter 2J of the MUTCD. The width of this rectangle shall be at least 1.67
				times its height, the total area of which shall not exceed the maximum
				referenced or specified in the Federal Highway Administration Order No. 5160.1A
				and in the MUTCD. The word legend describing the activity, such as "SPONSORED
				BY," shall be composed of upper-case lettering of the Federal Highway
				Administration Standard Alphabets (as found in the MUTCD) at least three inches
				high on conventional roads and at least four inches high on expressways and
				freeways.
(d) All acknowledgment
				signs and acknowledgment plaques that are visible to the main-travelled way
				shall be placed at least one mile apart from each other if facing in the same
				direction and associated with the same element of the Department's highway
				operation, such as litter pickup.
(e) For sponsorship of rest areas, one
				acknowledgment sign for each direction of travel may be installed on the
				roadway. Additional acknowledgment signs may be placed within the rest area,
				provided that these sign legends are not visible to highway mainline traffic
				and do not pose safety risks to rest area users.
(f) For sponsorship of travel service
				programs that are not site-specific, such as, but not limited to, 511 Traveler
				Information, Radio-Weather, Radio-Traffic, and Emergency Service Patrol, an
				acknowledgment plaque may be mounted in the same sign assembly below the
				general service signs for these programs. General service signs are
				white-on-blue signs that provide road users with generic information about
				facilities and services that are available along the roadway.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 4 - GENERAL REQUIREMENTS AND SPECIFICATIONS › Section 16:42-4.3 - Specifications for acknowledgment on equipment, materials, and vehicles

Current through Register Vol. 56, No. 14, July 15, 2024
Specifications for acknowledgment on equipment, materials,
				  and vehicles shall be outlined in the sponsorship agreement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 5 - SPONSORSHIP AGREEMENTS › Section 16:42-5.1 - Sponsorship agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Sponsorship agreements shall allow sponsors to receive acknowledgment signs,
				acknowledgment plaques, or other acknowledgment along highways under the
				jurisdiction and control of the Department, or on equipment, materials, or
				vehicles that will publicly recognize their sponsorship activities, in exchange
				for providing a highway-related service, product, or payment.
(b) Sponsorship agreements shall be for any
				duration, provided that they are economically sustainable, and provide a net
				benefit to the public.
(c)
				Sponsorship agreements shall include provisions for maintenance and removal of
				physical acknowledgment elements, which may include, but not be limited to,
				acknowledgment signs, acknowledgment plaques, or other acknowledgment on
				equipment, materials, or vehicles after the sponsorship agreement expires or
				the sponsor withdraws.
(d)
				Sponsorship agreements may be applicable to Department operational activities
				or other highway-related services or programs, including, but not limited to,
				operational activities or other highway-related services or programs for rest
				areas, park and ride facilities, snow removal, litter removal, vehicles and
				equipment, landscaping, maintenance and highway beautification, travel
				information, and safety or emergency service patrols.
(e) Sponsorship agreements shall identify the
				Statewide service or the specific site, corridor, or highway operation
				supported by any highway-related service, product, or payment of the
				sponsor.
(f) The Department shall
				terminate a sponsorship agreement if it determines the agreement,
				acknowledgement sign, or acknowledgment plaque, or other acknowledgement on
				equipment, materials, or vehicles presents a safety concern, interferes with
				the free and safe flow of traffic, or is not in the public interest.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 6 - SPONSORSHIP CRITERIA › Section 16:42-6.1 - Sponsorship appropriateness and suitability criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall not accept any
				proposals for sponsorship from a sponsor that engages in:
1. The sale of unlawful or illegal goods,
				services, or activities;
2. The
				sale of tobacco or tobacco-related products;
3. The sale of alcoholic beverages;
4. The sale of obscene material as defined by
				2C:34-3; or
5. Activity that is not in the best business
				interest of the Department or is not in the best interest of the public, as
				determined by the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 7 - SPONSORSHIP STANDARDS COMMITTEE › Section 16:42-7.1 - Sponsorship Standards Committee; final determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall establish a
				three-member Sponsorship Standards Committee (Committee), whose determinations
				shall inform the Commissioner's final agency determination regarding the
				sponsorship program and selection of sponsors.
(b) The Committee shall review each proposal
				being considered for selection as a sponsor to determine whether the potential
				sponsor falls within, or may fall within, one or more of the categories set
				forth in N.J.A.C. 16:42-6.1. The Committee
				shall provide the Commissioner with a report of its determination setting forth
				the reason(s) for the determination.
(c) The Commissioner shall consider the
				Committee's report, in addition to any other factors deemed relevant by the
				Commissioner, prior to making a determination as to whether the sponsor falls
				within one or more of the categories set forth in
				N.J.A.C.
				16:42-6.1. The determination of the
				Commissioner regarding the appropriateness and suitability of any proposed
				sponsor shall be final.
(d)
				Sponsors determined to fall within one or more of the categories set forth in
				N.J.A.C.
				16:42-6.1 shall not be considered further for
				sponsorship under the provisions of this chapter and shall be advised, in
				writing, of that determination.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 8 - AUDIT, RECORDKEEPING, AND RECORD RETENTION › Section 16:42-8.1 - Audit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				sponsor under this chapter shall comply with the State of New Jersey single
				audit policy for recipients of Federal grants, State grants, and State aid
				defined by the Department of the Treasury, Office of Management and Budget ,
				and the Single Audit Act of 1984 (Federal OMB Circular A-133), incorporated
				herein by reference, as amended and supplemented, and all requirements as set
				forth in the agreement. Copies of these circulars can be obtained from the New
				Jersey Department of the Treasury, Office of Management and Budget at
http://www.nj.gov/infobank/circular/cir1508_omb.pdf
or by regular mail from:
New Jersey Department of the Treasury
Office of Management & Budget PO Box 221
Trenton, NJ 08625-0221
(b) The Department shall direct that an audit
				of the sponsor be performed by an independent auditor or public accountant who
				meets the standards specified in generally accepted government auditing
				standards in conformity with State audit policy.
(c) Audit costs incurred by sponsors in order
				to comply with this subchapter are not reimbursable.
(d) The Department, or any authorized
				representatives, shall have access to any books, documents, papers, and records
				that are pertinent to the sponsorship agreement or program, for the purpose of
				audit and examination.
(e) A
				sponsor shall establish and maintain an accounting record for each sponsorship
				agreement or program that identifies the agreement or program costs.
(f) A sponsor shall maintain effective
				control over and accountability for all agreement or program funds, property,
				and other assets allocated for sponsorship agreement or program use. Sponsors
				shall adequately safeguard all sponsorship agreement or program assets and
				shall ensure that they are used solely for authorized purposes.
(g) The Department shall have access to the
				sponsor's records for purposes of accounting and audit at no cost to the
				Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 42 - SPONSORSHIP PROGRAM › Subchapter 8 - AUDIT, RECORDKEEPING, AND RECORD RETENTION › Section 16:42-8.2 - Recordkeeping requirements and retention of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A sponsor shall keep records as the
				Department may prescribe, including records that disclose the amount and the
				disposition of the sponsorship agreement or program, and records that will
				facilitate an effective audit.
(b)
				A sponsor shall maintain all records, related to the sponsorship program, as
				specified in the agreement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 16:43-1.1 - Declaration of policy

Current through Register Vol. 56, No. 14, July 15, 2024
The intent of this chapter is to effectuate the purposes of
				  the New Jersey Junkyard Control Act,
				  27:5E-1 et seq., which are to
				  promote the public safety, health, welfare, convenience and enjoyment of public
				  travel, to protect the public investment in public highways, and to preserve
				  and enhance the scenic beauty of lands bordering public highways, and to foster
				  the public policy of the State expressed by that Act, which is to regulate and
				  restrict the establishment, operation, and maintenance of junkyards in areas
				  adjacent to the interstate and national highway systems within the State;
				  further, to ensure New Jersey compliance with section 136 of Title II of the
				  Federal Highway Beautification Act of 1965, and the provisions of Title 23 of
				  the Code of Federal Regulations, Part 751, Junkyard Control and
				  Acquisition.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 16:43-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner of Transportation is authorized pursuant to
				27:5E-4 et seq., to:
1. Promulgate, after public hearing,
				regulations defining "unzoned industrial areas," as that term is employed in
				the Junkyard Control Act;
2. Screen
				junkyards lawfully in existence on the effective date of the Junkyard Control
				Act (July 24, 1970) which are located within 1,000 feet of, and are visible
				from, any interstate or national highway system highway, and which are located
				outside of zoned and unzoned industrials areas, and to acquire such lands, or
				interests in lands, as may be necessary to provide adequate screening of such
				junkyards;
3. Promulgate rules and
				regulations governing the location, planning, construction and maintenance,
				including the materials used, in screening or fencing required by the Junkyard
				Control Act;
4. Determine whether
				the screening of a junkyard is feasible, and where such screening is not
				feasible, to pursue alternate control measures, including the relocation,
				removal, or disposal of such junk;
5. Acquire such interests in lands as may be
				necessary to secure the relocation, removal, or disposal of junkyards, and to
				pay for the costs of relocation, removal, or disposal thereof;
6. Apply to the Superior Court, Chancery
				Division for an injunction to abate public nuisance created by junkyards which
				do not conform to the requirements of the Junkyard Control Act;
7. Enter into agreements with the United
				States Secretary of Transportation relating to the control of junkyards in
				areas adjacent to the interstate and national highway systems, and to take
				action in the name of the State to comply with the terms of such agreements;
				and
8. Comply with all applicable
				rules, regulations and guidelines of the Federal Government or any agency
				thereof, and more specifically those regulations and guidelines promulgated by
				the Federal Highway Administration as codified in 23 CFR Part 751, and
				contained in the Federal-Aid Policy Guide (FAPG), insofar as compliance with
				said rules, regulations and guidelines is a necessary condition for Federal
				participation in junkyard control projects authorized under
				27:5E-1 et seq. 23 CFR Part 751
				can be found at
http://ecfr.gpoaccess.gov
. The FWHA's
				guidance materials that supplement the pertinent regulatory materials can be
				found at
http://www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 16:43-1.4 - County and municipal ordinances; effect

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall be construed to abrogate or
				  affect the provisions of any lawful ordinance, regulation, or resolution of any
				  county or municipality, which is more restrictive than the provisions of this
				  chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 2 - ILLEGAL JUNKYARDS › Section 16:43-2.1 - Establishment, operation and maintenance of illegal junkyards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall
				establish, operate, or maintain a junkyard, any portion of which is within
				1,000 feet of the nearest edge of the right-of-way of any intrastate or
				national highway, except the following:
1.
				Those which are screened by natural objects, plantings, fences, or other
				appropriate means so as not to be visible from the main-traveled way of the
				interstate and national highway systems, or otherwise removed from
				sight;
2. Those located within
				zoned industrial areas;
3. Those
				located within unzoned industrial areas; and
4. Those which are not visible from the
				main-traveled way of the system.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 2 - ILLEGAL JUNKYARDS › Section 16:43-2.2 - Screening and removal of illegal junkyards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner or
				owners of any junkyard, which shall be determined by the Commissioner to be
				established, operated or maintained in violation of this chapter shall within
				90 days of receiving notice of said violation:
1. Relocate, remove, or dispose of the junk
				in the illegal junkyard in such a manner as to effect compliance with these
				regulations; or
2. With the prior
				approval of the Department, construct screening and fencing which conforms to
				the requirements of subchapter 4 of this chapter. Proposals for such screening
				of fencing shall be submitted by the junkyard owner to the Department for
				approval within 30 days of the owner's receiving notice of a
				violation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 2 - ILLEGAL JUNKYARDS › Section 16:43-2.3 - Abatement of public nuisances

Current through Register Vol. 56, No. 14, July 15, 2024
Junkyards which do not conform to the requirements of this
				  chapter are declared to be public nuisances. The Commissioner may apply to the
				  Superior Court, Chancery Division in the county in which said junkyards may be
				  located for an injunction to abate such nuisance.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 3 - NON-CONFORMING JUNKYARDS › Section 16:43-3.1 - Screening and removal of non-conforming junkyards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any junkyard
				which is determined by the Commissioner to be a nonconforming junkyard under
				these regulations shall, within a reasonable time from the date said junkyard
				becomes nonconforming, be screened by the Department in accordance with
				N.J.A.C. 16:43-4, unless the Commissioner determines that such screening is not
				feasible.
(b) In all cases in which
				the screening of a non-conforming junkyard is found to be unfeasible, the
				Department shall relocate, remove, or dispose of said junkyard.
(c) Situations in which screening of a
				non-conforming junkyard may be considered unfeasible and in which junk should
				be removed for disposal or recycling shall include:
1. Junkyards which will be terminated within
				a five-year period, including junkyards subject to termination clauses in local
				zoning ordinances, junkyards located in a proposed improvement project, and
				junkyard operations which the owner intends to abandon.
2. Junkyards which the Commissioner
				determines may present a hazard to public health or safety.
3. Junkyards for which the Commissioner
				determines that the benefits of removal far outweigh the benefits of screening,
				taking into account existing land uses in the area, traffic conditions,
				aesthetics and community preferences.
4. Junkyards for which adequate screening
				cannot be accomplished due to the topography of the surrounding land, or for
				which adequate screening would necessarily obstruct a scenic vista or
				significant landmark.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 3 - NON-CONFORMING JUNKYARDS › Section 16:43-3.2 - Acquisition of lands

Current through Register Vol. 56, No. 14, July 15, 2024
When the Commissioner of Transportation determines that it
				  is in the best interest of the State he may acquire such lands, or interest in
				  lands, as may be necessary to provide adequate screening of non-conforming
				  junkyards, or when such screening is determined to be unfeasible, to secure the
				  relocation, removal, or disposal thereof.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 3 - NON-CONFORMING JUNKYARDS › Section 16:43-3.3 - Just compensation and relocation assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Just
				compensation shall be paid to the owner for the relocation, removal, or
				disposal of junkyards which are lawfully established, operated and maintained
				pursuant to the provisions of this chapter and which are required to be
				removed, relocated or disposed of pursuant to
				16:43-3.1.
(b) No rights to compensation under this
				section shall accrue until a taking or removal has occurred. The conditions
				which establish a right to operate and maintain a non-conforming junkyard as
				provided in
				16:43-3.4 must pertain at the time
				of the taking or removal in order to establish a right to just
				compensation.
(c) Owners of
				junkyards which are lawfully established, operated and maintained pursuant to
				the provisions of this chapter and which are required to be removed, relocated,
				or disposed of pursuant to section 1 of this subchapter may apply for
				relocation assistance under the provisions of the Uniform Transportation
				Replacement Housing and Relocation Act,
				27:7-72 et seq. and the
				regulations adopted pursuant thereto, which are codified in N.J.A.C.
				16:6.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 3 - NON-CONFORMING JUNKYARDS › Section 16:43-3.4 - Operation and maintenance of non-conforming junkyards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				non-conforming junkyard unlawfully operated and maintained after July 24, 1970,
				shall be deemed an illegal junkyard for the purposes of this chapter. The
				following requirements for the continued operation and maintenance of a
				non-conforming junkyard shall apply:
1. There
				must be existing property rights in the junkyard or junk subject to regulation
				under this chapter.
2. Worthless
				junk, or junk having no economic or resale value to the owner thereof, shall be
				removed, relocated, recycled or otherwise disposed of by the owner.
3. The junkyard may not be extended, enlarged
				or changed in use. A junkyard shall be considered to have been extended if junk
				is placed in areas not used for the storage of junk as of the date said
				junkyard became non-conforming. A junkyard shall be considered to have been
				enlarged if additional property is acquired for the storage or placement of
				junk subsequent to the date on which said junkyard became non-conforming. A
				junkyard shall be considered to have been changed in use when, subsequent to
				the date on which said junkyard becomes non-conforming, its manner of operation
				is so altered as to significantly increase the amount of junk visible from the
				main traveled way.
4. After a
				non-conforming junkyard has been screened, junk shall not be placed so that it
				may be seen above or beyond the screen or otherwise become visible from the
				main traveled way. In all cases in which the owner of the junkyard acquires
				title to the screen, the owner shall be responsible for the maintenance of the
				screen in accordance with the requirements of subchapter 4 of this
				chapter.
5. A non-conforming
				junkyard may continue only so long as it is not abandoned, destroyed, or
				voluntarily discontinued. A junkyard shall be considered abandoned when the
				owner thereof has neither bought nor sold junk within the last calendar year. A
				junkyard shall be considered to have been destroyed when for any reason the
				junk stored therein has lost all economic or resale value. A junkyard shall be
				considered to be voluntarily discontinued when the owner thereof ceases the
				business of buying and selling junk with the intent not to resume such
				business.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 4 - SCREENING AND FENCING REQUIRED BY THE JUNKYARD CONTROL ACT › Section 16:43-4.1 - Location, construction and maintenance of screening

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Screening and
				fencing required by the Junkyard Control Act shall be located, planted,
				constructed and maintained in the following manner:
1. Where screening or fencing is used, it
				must, upon completion of the screening project, effectively screen the junkyard
				from the main-traveled way of the highway on a year-round basis, and be
				compatible with the surroundings.
2. Screening or fencing may not interfere
				with the ability of the operator of a motor vehicle to have a clear and
				unobstructed view of the highway, intersecting streets, or ramps, or
				approaching, merging, or intersecting traffic, or of official signs, signals or
				traffic control devices.
3. No junk
				shall be deposited or placed on the highway side of the screening or
				fencing.
4. The junkyard entrance
				on a national highway system must be consistent with the objectives of
				effective control and
				16:47-3.5(e). Any
				gate which provides access to a national system highway shall provide effective
				control when closed. Such a gate shall be closed when the junkyard entrance is
				not in use. A junkyard entrance on a national system highway may also be made
				through a baffle of screening so as to provide effective control. Any junkyard
				entrance not on a national system highway but visible from the national or
				interstate system shall be closed when not in use or shall be screened through
				a baffle.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 4 - SCREENING AND FENCING REQUIRED BY THE JUNKYARD CONTROL ACT › Section 16:43-4.2 - Maintenance of screening on State right-of-way

Current through Register Vol. 56, No. 14, July 15, 2024
Screening established on State right-of-way shall be
				  maintained by the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS › Subchapter 4 - SCREENING AND FENCING REQUIRED BY THE JUNKYARD CONTROL ACT › Section 16:43-4.3 - Surveillance

Current through Register Vol. 56, No. 14, July 15, 2024
The interstate and national highway systems will be surveyed
				  periodically to update the junkyard inventory. Each junkyard on the inventory
				  will be reviewed for compliance with the provisions of the Junkyard Control Act
				  and this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 1 - PURPOSE AND SCOPE › Section 16:44-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to provide the processes by
				  which contractors can become qualified to bid on Department projects, can
				  obtain Department plans and specifications, can enter into contracts for
				  construction projects and receive payment for work, may be debarred, suspended
				  or disqualified and may secure approval of its reorganization.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.1 - Prequalification Committee

Current through Register Vol. 56, No. 14, July 15, 2024
The Prequalification Committee shall be comprised of five
				  voting members, selected at the discretion of the Commissioner. The Bureau
				  Manager shall serve as Secretary to the Committee, and may be delegated
				  authority by the Committee to sign Classification applications on behalf of the
				  Committee in those circumstances deemed appropriate by the Committee.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.2 - Questionnaire

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to bid
				on Department projects, a contractor must be classified and have a project
				rating. To be classified, the contractor must complete a Questionnaire on Form
				DC-74A available on the Department's website at
www.nj.gov/transportation/business/procurement/ConstrServ/prequalrequire.shtmor
from the Bureau at New Jersey Department of Transportation, Construction
				Services, 1035 Parkway Ave., P.O. Box 605, Trenton, NJ, 08625-0605, (609)
				530-2103. The following satisfactory information must be provided to the
				Department:
1. A classified CPA certified
				audited financial statement or a classified CPA reviewed financial statement in
				accordance with general accepted accounting principles. The financial statement
				shall show current assets and current liabilities and shall include
				verifications of equipment owned or leased and confirmation of unsecured lines
				of credit extended by banks. The financial statements shall be complete, with a
				balance sheet, related statements of income, retained earnings, cash flows and
				notes to financial statements in complete detail. The financial statements
				shall be completed by a certified public accountant or public accountant,
				pursuant to
				45:2B-42 et seq., who is
				independent of, and not an employee of, the contractor for which the financial
				statements are being provided. The financial statements shall include an
				independent auditor's report signed by the public accountant or CPA who
				prepared the documents.
i. The certified
				audited financial statements shall have an unqualified opinion. All financial
				statements, whether audited or reviewed, shall be for a full one-year
				accounting cycle.
ii. Submission of
				CPA reviewed financial statements will limit the contractor's financial
				capability and project rating to no more than $ 10,000,000.
iii. A consolidated financial statement may
				be submitted with the Questionnaire completed in the name of the parent
				corporation. A consolidated financial statement is required if the contractor
				is a variable interest entity according to the Financial Accounting Standards
				Board (FASB) interpretation, FIN 46R. A consolidated financial statement
				submitted with a Questionnaire and completed in the name of the subsidiary
				corporation shall include a separate breakdown of the financial statements and
				a separate unqualified opinion, that includes a balance sheet, an income and
				retained earnings statement and a statement of cash flows, in the name of the
				subsidiary corporation.
iv. A
				combined or compiled financial statement is not acceptable;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.3 - Penalties for false statements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				makes, or causes to be made, a false, deceptive or fraudulent statement in the
				Questionnaire or any other submission required in conjunction with a request
				for classification or in the course of any hearing pertaining to an application
				for classification, shall be guilty of a misdemeanor, and upon conviction shall
				be sentenced to pay a fine of not less than $ 100.00, nor more than $ 1,000; or
				in the case of an individual or the officer or employee charged with the duty
				of making such questionnaire for a person, firm, copartnership, association,
				corporation or limited liability company (LLC), pay such fine or undergo
				imprisonment, not to exceed six months, or both.
(b) All persons convicted under (a) above and
				any copartnership, association, corporation, or joint stock company of which
				any convicted person is a partner or officer or director, and any corporation
				of which the person owns more than 25 percent of the stock, shall, for five
				years from the date of such conviction, be disqualified from bidding on all
				public work in this State.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.4 - Classification process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contractors
				shall complete the Questionnaire in its entirety and must answer all questions
				and provide all required information to the satisfaction of the Department.
				Incomplete submissions will necessitate requests for additional information and
				will not be processed by the Department until the additional information is
				received.
(b) When a contractor
				submits a Questionnaire, the contractor shall include the required fee in
				accordance with
				27:7-35.3. Payment shall be made
				as specified in the Questionnaire and no Questionnaire will be processed until
				the required fee is received by the Bureau.
(c) The Department will notify a contractor
				of its determination of its classification within 15 days of the Department's
				receipt of a completed Questionnaire, and will send a confirming letter by
				first class mail. If the Department requests additional information from the
				contractor to complete the Questionnaire or to clarify information contained in
				the Questionnaire, the contractor will be notified of its classification by
				first class mail within 15 days of the Department's receipt of the requested
				information. Classification will be effective 15 days from receipt of the
				completed Questionnaire or 15 days from receipt of any additional information,
				provided that the additional information is satisfactory to the
				Bureau.
(d) Classification shall
				expire 18 months after the close of business date of the financial statement
				accompanying the Questionnaire. Contractors that do not submit a new
				Questionnaire at least 15 days prior to this expiration date will have their
				classification expire and cannot bid on Department projects unless a completed
				and satisfactory Questionnaire is received at least 15 days prior to the date
				on which bids are received.
(e) A
				contractor may request a change in classification at any time and shall follow
				the procedures for classification described in this chapter. Requests for a
				change in classification necessary to bid on a particular Department project,
				requires receipt by the Department of satisfactory additional information in
				support of the classification change at least 15 days prior to the date on
				which bids are to be received.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.5 - Appeals and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
A contractor dissatisfied with the classification assigned
				  to it by the Department may request in writing a hearing before the
				  Prequalification Committee and at the hearing may present further evidence to
				  justify a different classification. The Prequalification Committee will make
				  the final administrative decision based on the information presented at the
				  hearing.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.6 - Work types and project rating ranges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contractors
				will be classified and assigned a project rating according to the work type and
				the maximum dollar value of work on which they may bid. Contractors will be
				assigned project ratings in differing dollar ranges for different work
				types.
(b) The work types for which
				contractors may seek classification are on file at the Department and are
				posted on the Department's website at:
www.nj.gov/transportation/business/procurement/ConstrServ/ClassCode.shtm
.
(c) Project ratings will be assigned to
				contractors by the Department pursuant to
				16:44-3.8.
(d) The dollar ranges within which project
				ratings may be assigned are as set forth in Table I below:
TABLE I
Dollar Ranges
$ 1,000,001
to
$ 2,000,000
$ 2,000,001
to
$ 5,000,000
$ 5,000,001
to
$ 10,000,000
$ 10,000,001
to
$ 20,000,000
$ 20,000,001
to
$ 50,000,000
$ 50,000,001
to
$ 100,000,000
$ 100,000,001
to
$ 200,000,000
Unlimited
1. A
				contractor who does not qualify to bid in the $ 1,000,001 to $ 2,000,000 range
				or higher will be classified with a project rating equal to its financial
				capability, as determined pursuant to
				16:44-3.7.
2. Contractors who have been assigned project
				ratings of "unlimited," will be notified when the Department intends to accept
				bids for a project in this class. Each contractor that intends to bid upon such
				a project shall be required to apply for and obtain a specific approval to bid
				on that project, with regard to specific criteria established by the Department
				based on factors including the dollar amount and the nature of the project as
				set forth in the plans and specifications for the project. The contractor must
				apply for such specific approvals at least 15 days before the date set for the
				receipt of bids on the "unlimited" class project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.7 - Determination of financial capability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				capability of a contractor will be determined by the Department based on its
				examination of the following:
1. The
				contractor's net working capital. Net working capital is, as used in this
				chapter, defined as the excess of current assets over current liabilities and
				identifies the relatively liquid portion of total enterprise capital, which
				constitutes a margin for meeting obligations within the ordinary operating
				cycle of the business. The Department will use the contractor's net worth, as
				shown in the balance sheets, in lieu of the contractor's net working capital
				whenever the net worth is less than its net working capital;
2. Net book value of construction equipment
				less the amount of any outstanding loans for the purchase of that equipment
				will equal the amount allowed; and
3. Unsecured lines of credit in accordance
				with the Questionnaire.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 3 - CLASSIFICATION OF PROSPECTIVE BIDDERS › Section 16:44-3.8 - Project rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Classified
				contractors will be assigned a project rating for work types in which the
				Department determines they have sufficient experience. The project rating will
				reflect the experience and quality of work of the contractor, its officers,
				stockholders, managing members and key personnel. The Department reserves the
				right to not assign a project rating to any contractor for good cause shown.
				The Department will notify the contractor of any such proposed action and an
				opportunity will be given to present additional information in support of its
				classification request. A contractor may be assigned project ratings in
				differing ranges for different work types.
(b) Project ratings in any work type cannot
				exceed the determination of the contractor's financial capability.
(c) For each work type in which a project
				rating is assigned, that project rating will be determined by the Department on
				the basis of one of three methods as follows:
1. Utilizing performance ratings;
2. Evaluation of verifiable work experience;
				or
3. Evaluation of resumes of
				officers, stockholders, managing members or key personnel.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 4 - DISTRIBUTION OF STANDARD SPECIFICATIONS › Section 16:44-4.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department's engineering documents unit will:
1. Distribute copies of Standard
				Specifications; and
2. Establish a
				reasonable selling price for the specifications.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 4 - DISTRIBUTION OF STANDARD SPECIFICATIONS › Section 16:44-4.2 - Distribution of free copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department's engineering documents unit will distribute Standard Specifications
				without charge upon request, to the following:
1. New Jersey county engineer's office (one
				copy each);
2. Chief engineer of
				other state transportation departments (one copy);
3. American Association of State Highway and
				Transportation Officials (three copies);
4. Federal Highway Administration (five
				copies); and
5. Each successful
				bidder upon award of the contract (one copy regardless of its number of awarded
				contracts).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 5 - DISTRIBUTION OF CONSTRUCTION PLANS AND SPECIAL PROVISIONS › Section 16:44-5.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction
				plans shall be digitally scanned by the supplier in tagged image file format
				(TIFF) format prior to delivery to the Department.
(b) Special Provisions shall be provided on a
				CD ROM in Microsoft Word format.