New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 10 - PERMIT ADMINISTRATION › Section 16:47-10.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is
				the responsibility of the lot or site owner to complete construction according
				to the terms and conditions of the permit in a safe and expeditious manner.
				Construction work shall not interfere with any Department structure or facility
				on, over, or under the State highway, unless permitted by the Department, and
				shall not interfere with any concurrent work being done as part of a State
				highway project advanced by the Department. The lot or site owner shall
				properly safeguard all work and maintain sufficient traffic safety provisions,
				so as to protect the traveling public until all work has been
				completed.
(b) If a new access
				permit is issued for a lot or site, the use, maintenance, and repair provisions
				of the existing valid permit remain effective until the completion and
				acceptance of the construction work specified in the new permit and the
				issuance of a certificate of construction acceptance for that work.
(c) Construction must begin within two years
				of permit execution and must be substantially complete within three years of
				permit execution, unless otherwise stated in the permit or extended by the
				Department.
(d) Driveways or
				streets shall be constructed by the lot or site owner at the owner's expense.
				If there is a concurrent State highway project advanced by the Department, the
				Department, in its sole discretion, may provide for construction of the
				approved driveway or street as part of the project, at the lot or site owner's
				expense, subject to terms and conditions satisfactory to the
				Department.
(e) Every permit, other
				than temporary driveway permits, will identify the daily and peak hour traffic
				volumes permitted for the lot or site. The baseline trips for determining a
				significant increase in traffic shall be the allowable trip generation shown on
				the permit. For grandfathered permits, the current edition of ITE's trip
				generation publication, or superseding rates adopted by the Department, shall
				be used to compute the baseline traffic. For grandfathered nonconforming lots,
				no expansion in the trip generation beyond the greater of the calculated
				maximum trip limits or the existing trip generation will be
				permitted.
(f) Permits issued for
				public streets will identify the daily and peak hour traffic volumes permitted
				for the street. Public streets shall not be subject to significant increase in
				traffic trip limits.
(g) Permits
				issued for private streets will be subject to significant increase in traffic
				trip limits. If private streets become public streets, those limits shall no
				longer apply.
(h) Significant
				increase in traffic trip limits shall not apply to a lot or site with emergency
				driveways, where the emergency driveway is the only access to the State highway
				for that lot or site. Permits issued for a lot or site adding an emergency
				driveway will be issued in the same category as the existing valid
				permit--minor, major, or major with planning review.
(i) Permits issued for lot subdivision or lot
				consolidation will be issued in the same category as the existing valid
				permit--minor, major, or major with planning review. Separate permits will be
				issued to each lot resulting from a lot subdivision or lot consolidation
				application. Each permit shall require a fee.
(j) For multiple lots:
1. Where the driveway straddles a lot line,
				permits will be issued to each lot, each requiring a permit fee; and
2. Where multiple lots constitute a site or
				two or more lots utilize a shared driveway, permits will be issued to each lot
				having frontage on the State highway. Permits for lots having a driveway on the
				State highway will require a permit fee. Lots with no driveway on the State
				highway will be issued a permit for zero trips and will not require a permit
				fee.