reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.3 - Specific conditions for highway occupancy permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit
				conditions for specific highway occupancy permits are set forth in (a)1 through
				24 below, and described in (b) through (r) below. The provisions of the
				subsection apply to all permits of a particular type, unless noted with an
				asterisk, which indicates that the condition applies to some permits of a
				specific type and will be included as a permit condition.
1. Utility openings:
				16:41-6.3(b), (d), (e), (h), (i), (k), and
				(l);
2. Poles:
				16:41-6.3(b), (j), (l), (m),
				(q) *, and (r)*;
3. Curb, sidewalk, or handicapped ramp:
				16:41-6.3(b), (e)
				*, (f), (g), (h), (k), (l), and (o);
4. Drainage facilities:
				16:41-6.3(b), (e)
				*, (f), (g), (h), (k), (l), and (o);
5. Landscaping, tree trimming, vegetation
				control, or unclassified landscaping:
				16:41-6.3(b) *,
				(c), (e)*, (h), (k), and (l);
6.
				Bridge attachments:
				16:41-6.3(g), (h), (k), and
				(l);
7. Pedestrian overpass or underpass:
				16:41-6.3(b), (e)
				*, (f), (g), (h), (k), and (l);
8.
				Grading: 16:41-6.3(b) *,
				(e)*, (f), (g), (h), (k), and (l);
9. Guiderail:
				16:41-6.3(b), (g), (h), (k), and
				(l);
10. Test holes or borings:
				16:41-6.3(b), (d),
				(e) *, (g), (h), and (l);
11. Monitoring wells:
				16:41-6.3(b), (d),
				(e) *, (g), (h), (k), (l), and (p);
12. Crosswalks:
				16:41-6.3(h), (k), and
				(l);
13. Bus shelters or benches:
				16:41-6.3(b) *,
				(h), (k), and (l);
14. Banners,
				decorations, or temporary announcement or guide signs:
				16:41-6.3(k) and
				(l);
15. Parades or gatherings: None;
16. Temporary use:
				16:41-6.3(b) *,
				(e)*, (g), (h), (k), (l), and (m);
17. Detours off State highways or vice versa:
				16:41-6.3(g), (h), (k), (l), and
				(n);
18. Lane or shoulder closings on State
				highways: 16:41-6.3(g), (h), (k), and
				(l);
19. Automatic traffic counting procedures:
				16:41-6.3(k) and
				(l);
20. Railroad grade crossings:
				16:41-6.3(b), (c)
				*, (d), (e), (g), (h), (i)*, (k), (l), (p)*;
21. Wireless communications site survey:
				16:41-6.3(g), (j), and
				(l);
22. Miscellaneous:
				16:41-6.3(b) *,
				(e)*, (h)*, and (l)*;
23. VCM site
				investigation:
				16:41-6.3(b) and
				(h); and
24. VCM plan:
				16:41-6.3(b), (d), (e), (f), (g), (h), (i), (l),
				(m), and (p).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.4 - Movement or relocation of highway facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				permit requires the Department's movement or relocation of highway facilities,
				the Department shall prepare and forward a cost estimate to the applicant. The
				applicant shall provide a check or money order in the amount of the cost
				estimate to the Operations Permit Office along with the permit fee. The
				Department shall not execute the permit until the applicant has provided the
				check or money order.
(b) When the
				Department has completed the movement or relocation, the Department shall
				deduct the full cost of the activity from the amount of the check or money
				order. If the amount of the check or money order is less than the cost of the
				activity performed by the Department, the Department shall bill the permittee
				for the balance due. If the permittee does not pay the balance due within 30
				days of billing, the Department may initiate legal action. If the amount of the
				check or money order is more than the cost of the activity performed by the
				Department, the Department shall refund the difference.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.5 - Bonds

Current through Register Vol. 56, No. 14, July 15, 2024
Permittees who own facilities within Department rights-of-way
				  requiring numerous permits over an extended period of time may execute a single
				  bond for restoration required by multiple highway occupancy permits in lieu of
				  multiple bonds for each permit as required by
				  16:41-6.3(e) and
				  (k).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.6 - Agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may require the execution
				of an agreement as a condition of a permit, when the Department, in its sole
				discretion, determines that this condition is necessary, convenient, or
				desirable. Agreements may include, but shall not be limited to:
1. An agreement for administrative and
				inspection costs during construction, an estimate of which is provided by the
				Department to the permittee. Pursuant to the terms of the agreement, the
				permittee shall be responsible for payment of all Department costs incurred for
				these activities, even if the costs exceed the estimate; or
2. A maintenance agreement for activities
				resulting in the installation or modification of permanent facilities within
				the Department's right-of-way.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.7 - Permit violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department becomes aware that a
				permit condition has been violated, it shall notify the permittee, in writing,
				that the permittee has 30 days within which to remedy the violation.
1. Failure to remedy the violation within the
				specified time limit shall result in revocation of the permit.
2. The Department shall provide written
				notice of the effective date of the revocation and may seek the civil penalties
				provided for in
				27:7-44.1 or other available
				remedies.
3. The penalties shall
				commence on the day following the date of revocation.
4. The Department may remedy the violation
				and shall deduct the full cost of such work from the amount of any bond, check,
				or money order held by the Department.
5. If the amount of the guarantee is less
				than the cost of the repairs performed for the Department, the Department shall
				bill the permittee for the balance due.
6. If the permittee does not pay the balance
				due within 30 days of billing, the Department may initiate legal
				action.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.8 - Permit revocations or modifications

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may revoke or modify any permit after the
				  Commissioner determines that the conditions that existed at the time the
				  Department executed the permit have changed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.9 - Permit extensions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a permittee starts activity authorized
				by a permit within the permit time established at
				16:41-6.2(f), but
				cannot complete the activity within the allotted time, the permittee shall
				request an extension of time in writing from the Operations Permit Office and
				shall submit the required extension fee identified at
				16:41-8.1 in the form of a check
				or money order. The Department may approve a single, one-year extension.
				"Temporary Use" permits may be extended at the discretion of the Department
				pursuant to
				16:41-5.2(a).
(b) Permits for monitoring wells may be
				extended more than once, when required by State or Federal agencies.
(c) If a permittee's activity cannot be
				completed within the allotted time because of Department activity, the permit
				may be extended. The permittee will receive written notification.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.10 - Acceptance of permit

Current through Register Vol. 56, No. 14, July 15, 2024
The start or performance of any activity under a permit shall
				  constitute full understanding and acceptance of, and agreement with, the terms
				  and conditions of the permit and shall represent the express intention and
				  obligation of the permittee to comply.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.11 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appeal process for highway occupancy
				applications and permits, except for utility opening applications and permits
				and wireless communications site survey applications and permits, is as
				follows:
1. The applicant or permittee shall
				submit a written request for reconsideration to the Operations Permit Office
				within 30 days of a notice from the Department. The request shall include
				reasons for the appeal.
2. Within
				10 days of receipt of the reconsideration request, the Operations Permit Office
				shall schedule a meeting with the appellant that shall take place within 30
				days thereafter. The meeting will provide the appellant with an opportunity to
				present additional information in furtherance of the appeal.
3. The Operations Permit Office shall render
				a decision in writing within 15 days of the meeting and shall so notify the
				appellant. If the appellant does not agree with the decision, the appellant may
				submit a further appeal to the Director of Operations Support within 15
				days.
4. The Director of Operations
				Support shall schedule an informal hearing within 10 days of receipt of the
				appeal and conduct the hearing. At the hearing, the appellant shall have an
				opportunity to present additional information.
5. In reaching the final agency decision, the
				Director of Operations Support shall consider all of the information previously
				provided and the additional information presented at the hearing, as well as
				the criteria set forth in this chapter and the public's right and interest in a
				safe and efficient highway system. The final agency decision, with reasons,
				will be rendered within 10 days of the informal hearing and the appellant will
				be notified in writing.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS › Section 16:41-6.12 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appeal process for highway occupancy
				applications and permits, except for utility opening applications and permits
				and wireless communications site survey applications and permits, is as
				follows:
1. The applicant or permittee shall
				submit a written request for reconsideration to the Regional Maintenance
				Engineer within 30 days of a notice from the Department. The request shall
				include reasons for the appeal.
2.
				Within 10 days of receipt of the reconsideration request, the Regional
				Maintenance Engineer shall schedule a meeting with the appellant that shall
				take place within 30 days thereafter. The meeting will provide the appellant
				with an opportunity to present additional information in furtherance of the
				appeal.
3. The Regional Maintenance
				Engineer shall render a decision in writing within 15 days of the meeting and
				shall so notify the appellant. If the appellant does not agree with the
				decision of the Regional Maintenance Engineer, the appellant may submit a
				further appeal to the Executive Director for Regional Operations within 15
				days.
4. The Executive Director for
				Regional Operations shall schedule an informal hearing within 10 days of
				receipt of the appeal. The Executive Director for Regional Operations shall
				conduct the hearing. At the hearing, the appellant shall have an opportunity to
				present additional information.
5.
				In reaching the final agency decision, the Executive Director for Regional
				Operations shall consider all of the information previously provided and the
				additional information presented at the hearing, as well as the criteria set
				forth in these rules and the public's right and interest in a safe and
				efficient highway system. The Executive Director for Regional Operations shall
				render the final agency decision, with reasons, within 10 days of the informal
				hearing and shall so notify the appellant in writing.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 7 - EMERGENCIES › Section 16:41-7.1 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Emergent situations may arise out of the
				violation of a condition of the permit, or they may occur as a result of
				situations that are not associated with a permit violation. If the emergent
				situation is not related to the violation of a permit condition, the Department
				may require the issuance of a permit within five days to allow the utility onto
				the right-of-way in order to remedy the situation. When an emergent situation
				occurs, the Department shall notify the permittee or utility of the emergency.
				In the event of an emergency, the permittee or utility shall:
1. Immediately dispatch a representative to
				the site of the emergency. The representative shall be on site within four
				hours or as otherwise directed by the Department;
2. Immediately stabilize the situation in
				order to restore the free and safe movement of traffic;
3. Provide, for the Department's review and
				concurrence, a timeline for the completion of permanent repairs; and
4. Complete the permanent repairs within the
				timeline approved by the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 9 - WAIVERS › Section 16:41-9.1 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall not grant waivers or other relief from design standards or other
				provisions of this chapter unless the waiver can be granted without substantial
				detriment to the safety and operation of the highway and without substantially
				impairing the intent and purpose of this chapter. Only the Commissioner, not a
				designee, may grant waivers from fees, but appropriate Department staff shall
				have authority to waive application requirements or other requirements for
				applicants.
(b) If an applicant
				wishes to seek a waiver, the applicant shall submit a completed Department form
				MT-159, Request for Waiver, as an attachment to the permit application. Form
				MT-159 is available from the Department's Operations Permit Office or the
				Department's website at:
www.state.nj.us/transportation/business/accessmgt/
.
				The request for waiver shall state reasons why a waiver is appropriate and
				include documentation to support the waiver.
(c) If a waiver is granted, the Department
				shall incorporate the waiver approval and any associated conditions into the
				proposed permit.
(d) Possible bases
				for waiver requests include, but are not limited to:
1. Existing substandard conditions;
2. Existing social, economic or environmental
				constraints;
3. Unique character of
				the area;
4. Unreasonableness of
				strict application of the requirements of this chapter under particular
				circumstances;
5. Conflict between
				the requirements of this chapter and the requirements of:
i. The Pinelands Commission or the Pinelands
				Protection Act,
				N.J.S.A.
				13:18A-1 et seq.;
ii. CAFRA;
iii. The Freshwater Wetlands Act,
				N.J.S.A.
				13:9B-1 et seq.;
iv. The Stream Encroachment Act,
				N.J.S.A.
				58:16A-50 et 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;
ix. The Highlands Water Protection and
				Planning Council or the Highlands Water Protection and Planning Act,
				N.J.S.A.
				13:20-1 et seq.;
x. The Board of Public Utilities;
xi. Utility industry standards;
xii. The Soil Erosion and Sediment Control
				Act, N.J.S.A. 4:24-39 et seq., and
				N.J.A.C. 2:90, as amended and supplemented; and
xiii. The State Agriculture Development
				Committee, N.J.A.C. 2:76; and
6. Municipal, county, or other approving
				agency imposition of conditions beyond the control of the applicant. If this
				occurs during the Department application process and the applicant provides
				documentation of these conditions, the Department shall not require a new
				application and fees as specified in N.J.A.C. 16:41-8.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41B - NEWSPAPER BOXES ON STATE HIGHWAY RIGHT-OF-WAY › Subchapter 1 - DEFINITIONS › Section 16:41B-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Clear zone" means that roadside border area, starting at the
				  edge of traveled way, available for safe use by errant vehicles. For the
				  purpose of this chapter, the clear zone shall be as follows:
Click here to view image.
"Department" means the New Jersey Department of
				  Transportation.
"Gutterline" means line of demarcation delineated by the
				  presence of a physical curb, a raised berm or a change in surface such as
				  pavement to grass.
"News dispenser" means any self-service or coin operated box,
				  storage unit, or other dispenser installed, used or maintained for the display
				  and sale of newspapers or other news periodicals.
"Person" means corporation, company, association, society,
				  firm, partnership, or individual.
"Right-of-way" means the entire width of State highway
				  property. This includes the traveled way and all land on both sides of the
				  traveled way extending to the abutting owner's property lines.
"Traveled way" means that portion of the highway provided for
				  the movement of vehicles, exclusive of shoulders, acceleration or deceleration
				  lanes.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41B - NEWSPAPER BOXES ON STATE HIGHWAY RIGHT-OF-WAY › Subchapter 2 - NOTIFICATION PROVISIONS › Section 16:41B-2.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful for any person to
				operate, erect, place or maintain, on any State highway right-of-way, any news
				dispenser without notifying the Department of Transportation, as set forth in
				this section.
(b) Owners of news
				dispensers who want to place or continue the existing placement in compliance
				with this chapter may do so by notifying the Department of Transportation in
				writing. This one-time notification will include the following information:
1. Intent to place or continue existing
				placement of news dispensers on State highway right-of-way in accordance with
				the provisions of this chapter. Individual placement locations do not need to
				be identified; only the owner's intent to place news dispensers on the State
				highway right-of-way needs to be established;
2. Name of news dispenser owner;
3. Person to contact with regard to news
				dispenser placement;
4. Address of
				owner; and
5. Telephone number of
				owner and contact person.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41B - NEWSPAPER BOXES ON STATE HIGHWAY RIGHT-OF-WAY › Subchapter 3 - INDEMNIFICATION › Section 16:41B-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The owner of the news dispenser, upon the placement of a
				  news dispenser within the State highway right-of-way, assumes the unconditional
				  obligation and thereby agrees to defend, indemnify and save harmless the State,
				  its agents, servants and employees from all suits, actions or claims of any
				  character brought because of death or any injury received or sustained by any
				  person or persons or because of any damage received or sustained by any
				  property, irrespective of fault, arising out of the installation, use or
				  maintenance of any news dispenser located on State highway right-of-way, or
				  where such suit, action or claims arise out of such installation, use or
				  maintenance of any news dispenser being a contributing factor to any such
				  injury or damage, or on account of any act, omission, neglect or misconduct by
				  the owner of the news dispenser, its employees, agents, distributors or
				  servants relating to the installation, use or maintenance of any news dispenser
				  within the State highway right-of-way.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41B - NEWSPAPER BOXES ON STATE HIGHWAY RIGHT-OF-WAY › Subchapter 6 - SEVERABILITY › Section 16:41B-6.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of this chapter is held invalid, the
				  remainder of the chapter shall not be affected thereby, and shall remain in
				  full force and effect.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 1 - PURPOSE, SCOPE, AND CONTACT INFORMATION › Section 16:41C-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to balance the need to
				  control and regulate roadside signs and outdoor advertising, promote the scenic
				  beauty of the State, provide for the safety and convenience of the public,
				  address the technological advancements of the outdoor advertising industry, and
				  the need to stimulate economic and commercial activity within the State of New
				  Jersey. This chapter requires and provides for the issuing of licenses and
				  permits for roadside signs and outdoor advertising and the establishment, use,
				  maintenance, and removal of such signs.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 1 - PURPOSE, SCOPE, AND CONTACT INFORMATION › Section 16:41C-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consistent with
				Federal law, the State Act, and the Agreement, as presently existing and
				hereafter amended, governing outdoor advertising, this chapter provides for the
				permitting of outdoor advertising signs along limited access and non-limited
				access highways. Additionally, this chapter provides for licensing of any
				person who engages in the business of outdoor advertising or who holds a permit
				for a sign that is intended to be used in the business of outdoor advertising,
				regardless of whether or not that sign is built.
(b) The following signs are allowed in
				accordance with this chapter and require the issuance and maintenance of a
				permit:
1. Off-premise signs (see N.J.A.C.
				16:41C-8 ), including, but not limited to:
i.
				Directional signs;
ii. Service club
				signs and religious notices;
iii.
				School bus stop shelter signs;
iv.
				Signs on State property;
v. Transit
				bus shelter signs;
vi. Bike share
				station signs; and
vii. Off-premise
				signs on bridges or overhead structures.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 1 - PURPOSE, SCOPE, AND CONTACT INFORMATION › Section 16:41C-1.3 - Contact information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Outdoor
				advertising licenses and permits are administered by the Department's Office of
				Outdoor Advertising Services. All correspondence and inquiries regarding
				outdoor advertising can be directed to this office at the following address:
New Jersey Department of Transportation
Office of Outdoor Advertising Services
P. O. Box 600
Trenton, NJ 08625-0600
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 3 - GENERAL REQUIREMENTS AND VEGETATION CONTROL › Section 16:41C-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A sign is
				subject to the requirements of its type as indicated in this chapter.
(b) Where a sign is erected, or proposed to
				be erected, so that it is visible to more than one highway, the requirements
				for each highway shall apply.
(c)
				Where a sign is erected, or proposed to be erected, so that it is visible to a
				highway that contains more than one type of lane, such as a limited access
				highway with adjacent non-limited access lanes, and such that the sign is
				visible to the limited access highway, it shall be subject to the requirements
				of a limited access highway.
(d) A
				sign shall be in conformance with the conditions set forth in its permit and
				the requirements of this chapter.
(e) The advertising surface area of any sign
				affixed to or painted upon the wall of any building or structure, other than an
				outdoor advertising structure, shall be fixed at a particular location, which
				shall be defined by a contrasting border or paint color that readily
				distinguishes the advertising surface area from the remaining part of the
				wall.
(f) All signs shall be kept
				structurally sound and in good repair through customary maintenance.
(g) Customary maintenance includes, but is
				not limited to, the following:
1. The
				replacement of existing structural components of a sign, provided that the
				components are of the same size, height, type, and materials as indicated on
				the approved application.
2. The
				replacement or modernization of light fixtures, provided that the approved
				application indicates that the sign is to be illuminated.
3. The addition of a catwalk for
				safety.
4. The painting, staining,
				or cleaning of a sign.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 3 - GENERAL REQUIREMENTS AND VEGETATION CONTROL › Section 16:41C-3.2 - Vegetation control

Current through Register Vol. 56, No. 14, July 15, 2024
Adjustment, alteration, or removal of existing landscape
				  within the Department's right-of-way is prohibited unless authorized by a
				  permit issued by a Department regional maintenance office pursuant to
N.J.A.C. 16:41
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 5 - LICENSE PROVISIONS › Section 16:41C-5.1 - License issuance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license to engage in the business of
				outdoor advertising is required for any person who holds a permit for a sign
				that is intended to be used to advertise anything other than the business of
				the permit holder as identified on the permit, regardless of whether that sign
				is built. A valid license shall be required prior to the issuance of an initial
				permit.
(b) A license shall be
				obtained by submitting a completed license application, the license fee, and a
				completed disclosure statement required pursuant to
16:41C-5.4
to the
				Department's Office of Outdoor Advertising Services at the address found at
				16:41C-1.3.
(c) License application forms can be obtained
				by requesting the form from the Department, in writing, at the address found at
				16:41C-1.3, by phone at (609)
				530-3337, or downloaded from the Department's website at:
http://www.state.nj.us/transportation/business/outdoor/forms.shtm
.
(d) The license fee for an initial outdoor
				advertising license is $ 150.00.
(e) The term of an initial license shall be
				for three years. The term shall be determined as follows:
1. An initial license issued after May 16 of
				any calendar year shall be valid from the date of issuance to the third
				following May 15. An initial license issued between March 1 and May 15 of any
				calendar year shall be valid from the date of issuance to the fourth following
				May 15. For example, a license issued on July 15, 2014, will expire on May 15,
				2017; a license issued on March 30, 2014, will also expire on May 15,
				2017.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 5 - LICENSE PROVISIONS › Section 16:41C-5.2 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless revoked or canceled, all licenses
				will expire on May 15 and shall be renewable for a term of three years and for
				a fee of $ 150.00, except as follows:
1.
				Holders of licenses that expire on May 15, 2015, and that are numbered 001
				through and including 0124 shall be renewable only for a term of one year and
				the license renewal fee shall be $ 50.00. After the expiration of the renewal
				license on May 15, 2016, these licenses shall be renewable for a term of three
				years with a license renewal fee of $ 150.00.
2. Holders of licenses that expire on May 15,
				2015, and that are numbered 0125 through and including 0249 shall be renewable
				only for a term of two years and the license renewal fee shall be $ 100.00.
				After the expiration of the renewal license on May 15, 2017, these licenses
				shall be renewable for a term of three years with a license renewal fee of $
				150.00.
3. Holders of licenses that
				expire on May 15, 2015, and that are numbered 0250 or higher shall be renewable
				for a period of three years with a license renewal fee of $ 150.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 5 - LICENSE PROVISIONS › Section 16:41C-5.3 - Permit applications

Current through Register Vol. 56, No. 14, July 15, 2024
If a licensee does not reside in New Jersey or is a foreign
				  corporation not authorized to do business in this State, it shall file with its
				  application a bond of $ 5,000 in favor of the State satisfactory to the
				  Commissioner and issued by an approved surety, conditioned upon the observing
				  and fulfilling by the applicant of all the provisions of the law and the rules
				  contained in this chapter. Upon default in the condition of such bond,
				  appropriate action shall be taken to enforce the collection thereof in a court
				  of competent jurisdiction. A bond shall remain in full force and effect so long
				  as any obligation to the State in such license shall remain
				  unsatisfied.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 5 - LICENSE PROVISIONS › Section 16:41C-5.4 - Disclosure statement requirement for license holders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				person applying for or renewing an outdoor advertising license shall file a
				disclosure statement.
(b) The
				disclosure statement shall be filed within 60 days after the issuance of the
				initial license and at the time of license renewal.
(c) Failure to file a disclosure statement
				within the 60 days of issuance of the initial license shall invalidate the
				license. Failure to file a disclosure statement with the license renewal shall
				result in the renewal application being deemed incomplete. Incomplete renewal
				applications shall not be considered by the Department until deemed
				complete.
(d) The disclosure
				statement shall include:
1. The full name and
				business address of the person holding the license to engage in the business of
				outdoor advertising, the full names of any officers, directors, or partners of
				the person holding the license to engage in the business of outdoor advertising
				and all persons holding any equity in or debt liability of that corporation,
				association, firm, partnership, sole proprietorship, trust or any other form of
				commercial organization; or if the holder is a publicly traded corporation, all
				persons having more than 10 percent of the equity in or the debt liability of
				that corporation, association, firm, partnership, sole proprietorship, trust or
				any other form of commercial organization, except that where the debt liability
				is held by a chartered lending institution, the person need only supply the
				name and business address of the lending institution; and
2. The full name and business address of all
				officers, directors, or partners of any corporation, association, firm,
				partnership, sole proprietorship, trust or any other form of commercial
				organization disclosed in the disclosure statement, and the names and addresses
				of all persons holding any equity in or the debt liability of any corporation,
				association, firm, partnership, sole proprietorship, trust or any other form of
				commercial organization so disclosed, or, if the corporation, association,
				firm, partnership, sole proprietorship, trust or any other form of commercial
				organization is a publicly traded corporation, all persons holding more than 10
				percent of the equity in or the debt liability of that corporation,
				association, firm, partnership, sole proprietorship, trust or any other form of
				commercial organization, except that where the debt liability is held by a
				chartered lending institution, the person need only supply the name and
				business address of the lending institution.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.1 - Permit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except where a permit is not required by
				this chapter, each person shall obtain a permit from the Department for each
				sign before its erection or use. In the event that a permit holder wishes to
				modify the sign in a manner that exceeds customary maintenance, an application
				shall be filed to obtain a new outdoor advertising permit for the new outdoor
				advertising sign.
(b) No permit
				issued to a person required to obtain a license pursuant to this chapter shall
				be valid unless the license of such person is in full force and
				effect.
(c) If the name of a permit
				holder changes, written notice of the change shall be filed with the
				Department's Office of Outdoor Advertising Services within 30 days of the
				change, pursuant to the requirements of
				16:41C-7.3.
(d) If the address of a permit holder
				changes, written notice of the change shall be filed with the Department's
				Office of Outdoor Advertising Services within 30 days of the change.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.2 - Permit applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a permit and the
				permit application fee shall be submitted to the Office of Outdoor Advertising
				Services at the address found at
				16:41C-1.3.
(b) Permit applications forms can be obtained
				by requesting the form from the Department, in writing, at the address found at
				16:41C-1.3 or downloaded from the
				Department's website at:
http://www.state.nj.us/transportation/business/outdoor/forms.shtm
.
(c) Each application shall specify the
				location where the sign is to be erected and maintained. The application shall
				depict graphically the location of the proposed sign by showing its distance
				from the nearest intersecting road, railroad crossing, bridge, or other
				permanent point of reference. The measurement shall be made along the nearest
				edge of the highway pavement from the closest permanent place of
				identification, such as an intersecting road, railroad crossing, or bridge to
				the proposed sign location. If a sign is built at a location other than that
				specified in an approved application, the sign shall be deemed to be
				unauthorized by a permit.
(d) A
				single application shall cover a double-faced, back-to-back, side-by-side, or
				V-type sign, provided that those signs are physically contiguous, connected by
				the same structure or cross-bracing, or located not more than 15 feet apart at
				their nearest point. The fee charged will be for the total advertising surface
				area at that location.
(e)
				Applications that contain incorrect or conflicting information shall be deemed
				incomplete and shall be returned to the applicant for completion or correction.
				If a corrected application is not received by the Department within 30 days of
				notification that the application was deemed incomplete, the application will
				be considered withdrawn and no further action will be taken by the
				Department.
(f) Applications for
				signs that are subject to the jurisdiction of the Pinelands Commission shall
				include a Certificate of Filing, a Notice of Filing, a Certificate of
				Completeness, a resolution of the Pinelands Commission approving the
				development of the sign, or such other document that satisfies the requirements
				of
7:50-4.81(b)
. Applications submitted without such documentation shall be deemed
				incomplete and shall be returned to the applicant in accordance with (e)
				above.
(g) Applications deemed
				complete shall be assigned an application number by the Department and shall be
				reviewed pursuant to the provisions of
16:41C-6.3
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.3 - Application review and permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				shall be reviewed and evaluated for conformance with the provisions of this
				chapter.
1. The review of an application and
				all hearings and appeals related thereto, shall evaluate the following factors
				as they existed at the time when the Department received the complete
				application:
i. The ownership of the
				property; and
ii. The zoning of the
				property.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.4 - Appeal of denied application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an
				application for an outdoor advertising permit is denied, the applicant may
				appeal the decision in the following manner:
1. An appeal shall be submitted in writing to
				the Office of Outdoor Advertising Services at the address found at
				16:41C-1.3 within 30 days of the
				date of the issuance of the Department's notice of denial. The Department may
				grant an extension of this period upon written request by the applicant and for
				good cause.
2. An appeal shall
				request either an informal hearing, a formal hearing, or both.
3. The appeal shall state the reasons why the
				applicant believes the denial was incorrect.
4. If a written appeal is not submitted
				within 30 days of the date of the Department's notice of denial, the denial
				shall be deemed the final administrative decision of the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.5 - Permit renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				permit for a sign shall be allowed to be renewed annually.
(b) Permits shall be renewed in the following
				manner:
1. On or around March 20 of every
				year, the Department shall issue an invoice to all permit holders whose permits
				are due to expire on May 15 of that year. Permit holders shall have 55 days
				from the date of the invoice, or by May 15, whichever is later, to renew their
				permits.
2. A permit holder may
				renew each permit by submitting to the Department the invoice and the annual
				permit fee for that permit. Payment shall be made to the Department at the
				contact address specified at
				16:41C-1.3 and shall be received
				by the Department or postmarked on or before May 15. The annual permit fee
				shall be as set forth in
				16:41C-7.2. After receipt of the
				annual permit fees, the Department shall issue to the permit holder a list of
				its active permits. The term of a renewed permit shall be from May 16 through
				May 15 of the following year.
3. A
				permit holder who elects not to renew a permit shall notify the Department in
				writing or by notation on the invoice. An existing sign whose permit has not
				been renewed shall be entirely removed by May 15.
4. A permit holder who has not renewed a
				permit on or before May 15 and has not notified the Department of its choice
				not to renew a permit shall be deemed to have cancelled the permit. Such
				cancelled permits may be renewed by payment of the annual permit fee plus a
				reinstatement fee of $ 20.00 for each permit. No permit for an existing or
				unbuilt nonconforming sign shall be reinstated after the date established by a
				notice of violation issued pursuant to (b)5 below.
5. When a permit has not been renewed by May
				15, the Department shall issue a notice of violation pursuant to N.J.A.C.
				16:41C-12. The notice shall also allow the reinstatement of the permit. The
				notice shall impose penalties and require the removal of any sign for which the
				permit has not been renewed or reinstated.
6. Permit holders shall not make unauthorized
				changes to the invoice. A permit holder who believes that the invoice is
				incorrect shall notify the Department in writing immediately in order to
				resolve the discrepancy. Permit holders shall not delay the submission of the
				invoice and permit renewal, such that it causes payment to be received after
				the due date.
7. The Department
				shall not refund a permit renewal fee payment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.6 - Permit cancellation

Current through Register Vol. 56, No. 14, July 15, 2024
A permit holder may cancel its existing permit by sending
				  written notice to the Office of Outdoor Advertising Services at the address
				  found at 16:41C-1.3. No refund of annual
				  fees shall be given for a cancelled permit.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.7 - Changes to signs and permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A new permit is required when any of the following changes to a permitted sign
				(built or unbuilt) or a permit are proposed:
1. A change of the dimensions of the
				permitted sign face. Changes in the dimensions of a sign face that do not
				exceed the dimensions specified on the permit do not require a new
				permit;
2. Changes to a sign in a
				manner that exceeds customary maintenance pursuant to
16:41C-3.1(g)
and (h);
3. The conversion
				of a static sign to a multiple message sign, where the existing permit does not
				allow a multiple message sign;
4. A
				change of a permit that allows a multiple message sign to a permit that only
				allows a static sign; or
5. A
				change in the location of a permitted sign.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.8 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As authorized
				under
27:5-11
.c, in those
				instances where the Commissioner deems it to be in the public interest, a
				waiver may be granted and a permit issued for a sign on a public property,
				which would not otherwise be allowed by the State Act or this chapter. The
				process for requesting a waiver shall be as follows:
1. A waiver may be requested after the
				issuance of a notice of denial. A waiver request shall be submitted to the
				Office of Outdoor Advertising Services, at the address found at
				16:41C-1.3. The request shall
				constitute an acceptance of the denial of the application as the final agency
				decision, except as the Commissioner may modify that decision through the
				granting of the waiver.
2. The
				waiver request shall include the following:
i. A letter from the public property owner
				indicating its request for the waiver;
ii. A statement that explains how the
				issuance of the permit would satisfy the requirements listed in (a)4 below,
				notwithstanding the reasons for the denial of the application; and
iii. Maps, photographs, or other supporting
				documents.
3. The Office
				of Outdoor Advertising Services shall review the documentation. It may request
				additional information, such as, but not limited, to traffic studies, safety
				studies, or such other analysis as the Department may determine to be helpful
				or necessary to evaluate the request. Upon completion of its review, the Office
				of Outdoor Advertising Services shall submit its recommendation to the
				Commissioner regarding the waiver request.
4. The Commissioner shall consider the waiver
				requests on a case-by-case basis and shall consider the recommendation of the
				Office of Outdoor Advertising Services, weigh the benefit to the public,
				evaluate the need for the sign, assure the public safety, and remain in
				compliance with Federal law and the Agreement. In approving a waiver, the
				Commissioner may impose conditions as he or she deems appropriate.
5. Where the Commissioner determines that a
				waiver should be granted, the Office of Outdoor Advertising Services shall
				prepare all documentation necessary for the review by the State House
				Commission. Upon receipt of the official minutes of the State House Commission
				indicating its approval of the waiver, the Office of Outdoor Advertising
				Services shall proceed to issue a notice of approval to the
				applicant.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41C - ROADSIDE SIGN CONTROL AND OUTDOOR ADVERTISING › Subchapter 6 - PERMITS, WAIVERS, AND CONSTRUCTION OF NEW SIGNS › Section 16:41C-6.9 - Construction of a new sign

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				permit holder shall notify the Department when a sign is initially constructed.
				Notice shall be given within 30 days after the erection of the sign face(s).
				Upon notice, the Department shall inspect the sign for compliance with its
				permit.
(b) The name of the permit
				holder and the permit number shall be displayed on each sign within 30 days of
				its erection or by the time it is in use, whichever occurs first, and shall be
				continuously displayed thereafter. The name of a third-party operator of the
				sign may also be displayed on the sign, but shall not be larger or more
				conspicuous than the display of the permit holder's name. The display shall be
				placed in a conspicuous location on the sign structure, so that it is visible
				from the highway to which the sign advertises. All characters shall be at least
				two inches tall.