New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.34 - Fairshare financial contributions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may require fair-share financial contributions towards the cost of constructing
				capacity improvements to the State highway system necessitated by traffic
				attributable to the development of the lot at those study locations determined
				in accordance with
				N.J.A.C.
				16:47-4.3 6 where the LOS violates the
				standards set forth in
				N.J.A.C.
				16:47-4.2 4 through 4.29. These improvements
				may include roadway and structure widenings, frontage roads, intersection
				improvements, structures, reverse frontage roads, and alternative access.
				Alternately, the Department may permit the applicant to construct the
				improvement at the applicant's expense and under Department
				supervision.
(b) Those improvements
				which benefit only the applicant shall be entirely the applicant's
				responsibility and are not considered in the fair share determination. Examples
				of this are acceleration and deceleration lanes for access points, left turn
				slots which only provide access to a site, and traffic signals located at the
				applicant's driveways.
(c) If a lot
				falls within the boundaries of a designated Transportation Development District
				(TDD) and the development is subject to a TDD fee assessment, then the
				Department can only require financial contributions towards the cost of
				constructing capacity improvements to the State highway system outside the TDD
				boundaries.
(d) Applicants are
				responsible for the fair share of the cost of mitigation at each study area
				location where a LOS violation occurs as determined by analysis pursuant to
				N.J.A.C.
				16:47-4.3 6.
(e) Site traffic is comprised of the LOS
				violation component and the acceptable component, as follows: Site Traffic =
				LOS Violation Component + Acceptable Component. The LOS violation component is
				comprised of those site generated trips which violate the LOS standards at
				study locations determined in accordance with
				N.J.A.C.
				16:47-4.3 6. The acceptable component is
				comprised of those site-generated trips which do not violate the LOS
				standards.
(f) Mitigation at each
				location pursuant to (a) above shall add capacity sufficient to accommodate the
				anticipated increase in traffic between build and no-build conditions at the
				time the access opens without violations of the LOS standards in
				N.J.A.C.
				16:47-4.2 4 through 4.29. Mitigation shall
				also be compatible with, but shall not exceed, the desirable typical section
				for the State highway segment as shown in Appendix B.
(g) The capacity increase created by
				mitigation shall be equal to the capacity after mitigation minus the capacity
				before mitigation as reflected in the following formula: Capacity Increase =
				Capacity After Mitigation - Capacity Before Mitigation. "Capacity" means the
				maximum traffic volume possible with LOS E. Capacity before mitigation will be
				that of the analysis point's existing configuration under prevailing traffic
				conditions, such as peak-hour factor and heavy vehicle factor, given the
				pattern of existing traffic. Capacity after mitigation will be that of the
				analysis point's proposed (mitigated) configuration under prevailing traffic
				conditions, such as peak-hour factor and heavy vehicles factor, given the
				pattern of existing traffic combined with site traffic. When more than one
				measure of level of service is possible at an analysis point, such as the
				various movements at an intersection, then the most sensitive measure shall
				determine the capacity. Traffic volumes for all movements shall be factored by
				a constant so that all movements will remain a fixed percentage of the total
				volume at the analysis point until the maximum attainable volume is achieved
				without the capacity of any movement being exceeded. The sum of the traffic
				volumes of all movements is the capacity for that analysis point. At signalized
				intersections where the level of service of each movement is not a direct
				function of the traffic volume of another movement, each lane group may be
				factored independently to determine its capacity, and the lane group capacities
				added to determine the capacity of the entire intersection. In factoring the
				lane groups, the traffic volumes should not exceed those that can be reasonably
				expected to occur at the entire intersection.
Capacity Increase = Capacity After Mitigation - Capacity
				  Before Mitigation
(h) The
				fair share proportion at a location shall be equal to the LOS violation
				component divided by the capacity increase, as reflected in the following
				formula:
Data in
				image
(i) The cost of
				mitigation at a location shall be the cost for the Department to provide the
				mitigation. This includes:
1. Design of the
				mitigation;
2. Right-of-way
				appraisal and acquisition;
3.
				Construction of the mitigation;
4.
				Management of the construction; and
5. Environment cleanup, permits and
				mitigation.
Mitigation Cost = Sum of the above mitigation
				  elements