New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 3 - DESIGNATION OF LIMITED ACCESS › Section 16:47-3.16 - Municipal and county actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As of September
				21, 1992, no lot abutting a State highway shall be subdivided in a manner which
				would create additional lots abutting that highway unless all the abutting lots
				created are conforming under the Access Code, restricted from access to the
				State highway, or established pursuant to
				16:47-3.5(d)2.
				Subdivisions are considered to be created on the date of preliminary municipal
				approval. Direct access from subdivided lots to a State highway shall only be
				permitted by the Department if the access meets the requirements of conforming
				lots under this Access Code. Nonconforming lots in existence as of September
				21, 1992 shall not be subdivided in a manner which would make them less
				conforming, except that those nonconforming lots on State highways classified
				as access level 2 may be subdivided because of the creation of new street
				intersections.
(b) When the
				Department either denies an access application or revokes an existing access
				permit because alternative access is available or issues an access permit
				allowing direct access and requiring alternative access, the decision of the
				Department with regard to the appropriate access location shall be final, the
				action of any municipal or county body to the contrary notwithstanding. Any
				subsequent municipal or county review shall abide by the Department's decision.
				The municipality or county may require additions or changes in the design of
				the development in accordance with any applicable provisions of its development
				review ordinances provided that such additional requirements do not conflict
				with the Department's decision.
(c)
				Municipalities are encouraged not to grant a zoning variance for a lot abutting
				a State highway when the traffic volume from the use would not be in
				conformance with the traffic volume allowed pursuant to the Access Code. The
				Department will not issue a permit for traffic volumes which exceed those
				allowed under the Access Code.
(d)
				The Department shall issue a Certificate of Acceptance to permittees for major
				access permits with a planning review and send a copy to the municipal building
				inspector and the municipal engineer. Municipalities shall not issue
				certificates of occupancy until they have received a copy of the Certificate of
				Acceptance.
(e) Any municipality or
				county may build new roads or acquire access easements, by purchase or
				condemnation, to provide alternative access to existing developed lots which
				have no other means of access except to a State highway.
(f) Any municipality or county may acquire,
				by purchase or condemnation, any right of access to any highway upon a
				determination that the public health, safety and welfare require it.
(g) Municipalities and counties are
				encouraged to seek appropriate mitigation from applicants when the Department
				requires alternative access under
				16:47-3.2(a)  or
				4.3(p). See Appendix H, incorporated herein by reference, Cases 2 and
				3.
(h) Municipalities and counties
				may submit comments on major access applications to the Bureau of Major Access
				Permits within 30 days of receipt of a duplicate copy of the application from
				the applicant as required in
				16:47-4.3(n).