reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.24 - General level of service standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General LOS
				standards applicable to traffic from a lot are based on whether the lot is
				located in an urban or rural area and the LOS of the highway segments at the
				time the access opens. These LOS standards, and those in
				16:47-4.2 5 through 4.29, apply to
				applications classified as majors with planning review.
1. For study locations, applicable to an
				urban lot, for highway segments anticipated to operate under the no-build
				condition at:
i. LOS A, B, C, D, or E, some
				deterioration will be allowed, provided that the LOS does not drop below LOS
				E;
ii. LOS F, no deterioration will
				be allowed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.25 - Uninterrupted-flow standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Uninterrupted-flow standards for determining fair-share financial contributions
				are as follows:
1. The general standards
				listed in 16:47-4.2 4 apply. LOS will be
				measured by the volume to capacity ratio (V/C) and conform to the values shown
				in Tables 3-1, 7-1, and 8-1 of the "1994 Highway Capacity Manual," Special
				Report 209, or superseding issue. Table 3-1 does not define LOS B for limited
				access highways having a design speed of 50 mph (80 kph). For these limited
				access highways, LOS B is defined as a V/C ratio equal to or less than
				0.50.
2. For study locations,
				applicable to an urban lot, which are anticipated under the no-build condition
				to operate at:
i. LOS A or B, increase in the
				uninterrupted-flow V/C ratio to the midpoint of LOS C will be
				allowed;
ii. LOS C, D, or E,
				increase in the uninterrupted-flow V/C ratio of 0.1 will be allowed, provided
				that the LOS does not drop below LOS E; and
iii. LOS F, no increase in the
				uninterrupted-flow V/C ratio will be allowed.
3. For study locations, applicable to a rural
				lot, which are anticipated under the no-build condition to operate at:
i. LOS A or B, increase in the
				uninterrupted-flow V/C ratio to the midpoint of C will be allowed;
ii. LOS C or D increase in the
				uninterrupted-flow V/C ratio of 0.1 will be allowed, provided that the LOS does
				not drop below LOS D; and
iii. LOS
				E or F, no increase in the uninterrupted-flow V/C ratio will be
				allowed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.26 - Signalized intersection standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Signalized
				intersection standards for determining fair-share contributions for State
				highway approaches are as follows:
1. The
				general standards listed in
				16:47-4.2 4 apply. LOS will be
				measured by stopped delay per vehicle per Table 9-1 of the "1994 Highway
				Capacity Manual," Special Report 209, or superseding issue.
2. For all movements at:
i. Study locations, applicable to an urban
				lot, on all approaches operating at LOS A, B, C, D, or E, under the no-build
				condition; deterioration by 25 percent of the difference between the no-build
				condition to the bottom of LOS E (60 seconds) will be allowed. If a traffic
				movement or a lane group on all approaches operates under the no-build
				condition at LOS F, no deterioration will be allowed. Exceptions may be made to
				the delay standards for left turn lanes and jughandles, but the left turns and
				jughandles must not back up onto the through lanes;
ii. Study locations, applicable to a rural
				lot, on all approaches operating at LOS A, B, C, or D under the no-build
				condition, deterioration by 25 percent of the difference between the no-build
				condition to the bottom of LOS D (40 seconds) will be allowed. If a traffic
				movement or a lane group on all approaches operates under the no-build
				condition at LOS E or F, no deterioration will be allowed. Exceptions may be
				made to the delay standards for left turn lanes and jughandles, but the left
				turns and jughandles must not back up onto the through lanes.
3. Delay will be used to compare
				build and no-build conditions for values of V/C ratios up to the lesser of 1.2
				or the reciprocal of the peak-hour factor (1/PHF). V/C ratios will be used to
				compare build and no-build conditions when the no-build V/C ratio exceeds the
				lesser of 1.2 or the reciprocal of the peak-hour factor (1/PHF).
4. If any no-build movement on any approach:
i. For study locations, applicable to an
				urban lot operating at a V/C ratio greater than 1.2, then the build conditions
				shall not increase the V/C ratio on that movement.
ii. For study locations, applicable to a
				rural lot operating at a LOS E or F (delay equal to or greater than 40
				seconds), then the build conditions shall not increase the delay on that
				movement. Also, a no-build V/C ratio exceeding 1.2 shall not be
				increased.
5. Comments
				on the interaction of conflicting movements at adjacent driveways and roadways
				are required.
6. If there is a
				traffic signal within 2,640 feet (805 meters) of the lot, an arterial analysis
				may be required.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.27 - Unsignalized intersection standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general
				standards listed in
				16:47-4.2 4 apply to an
				unsignalized intersection. LOS will be measured by average total delay per
				Table 10-3 of the "1994 Highway Capacity Manual," Special Report 209, or
				superseding issue.
(b) The
				applicant shall perform the unsignalized intersection analysis for determining
				fair-share financial contributions, which should be based on the levels of
				service, delay, and traffic volumes at the appropriate peak hour. Turns may not
				cause excessive disruption to through traffic and may not be allowed when
				acceptance of substandard gaps is promoted. In some cases elimination of the
				movement and diversion of the demand to a nearby location is the preferred
				treatment. Comments on the interaction of conflicting movements at adjacent
				access points may be required.
(c)
				For a study location at street intersections, the maximum allowable build delay
				for each movement shall be determined as follows:
Maximum Allowable Build Delay in
No-Build
Seconds
Level of Service
Urban
Rural
A-B
15
15
C, D, E
5 more than no-build,
N/A
up to 45
C-D
N/A
5 more than no-build,
up to 30
E
N/A
No worse than
no-build
F
No worse than
No worse than
no-build
no-build
(d) For site
				driveways, the maximum allowable build delay for each movement shall be
				determined as follows:
Maximum Allowable Build Delay in
No-Build
Seconds
Level of Service
Urban
Rural
A-E
45
30
F
No worse than
No worse than
no-build
no-build
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.28 - Weaving area standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general
				standards listed in
				16:47-4.2 4 apply for freeways.
				LOS will be measured by weaving speed and non-weaving speed and conform with
				the values shown in Table 4-6 of the "1994 Highway Capacity Manual," Special
				Report 209, or superseding issue.
(b) For non-freeways, the potential for site
				traffic to deteriorate weaving area traffic flow and the methods to quantify
				such deterioration shall be discussed at the pre-application meeting. Although
				weaving and non-weaving speeds are independent, it is desirable that these
				speeds be balanced. The addition of build traffic shall maintain the
				balance.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.29 - Ramp standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ramp standards
				are based on density, the primary measure of effectiveness, and the level of
				service criteria shown in Table 5-2 of the "1994 Highway Capacity Manual"
				Special Report 209, or superseding issue.
(b) For a study location, applicable to an
				urban lot on State highway segments, with:
1.
				A merge or diverge influence area which operates at LOS A-C under the no-build
				condition, the maximum allowable deterioration shall be 25 percent of the
				difference between no-build density and 35 pc/mi/ln.
2. A merge or diverge influence area which
				operates at LOS D-E under the no-build condition, the maximum allowable
				degradation shall correspond to either 25 percent of the difference between the
				no-build density and 35 pc/mi/ln or 25 percent of the difference between the
				no-build flow rates in the influence area and the capacity values in Table 5-1,
				where the no-build densities exceed 35 pc/mi/ln.
3. A merge or diverge influence area which
				operates under the no-build conditions at LOS F, no deterioration will be
				allowed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.30 - Traffic impact studies for major access and concept review applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A traffic
				impact study is required for those concept review applications with an expected
				two-way traffic volume of 500 or more vehicle trips per day directly accessing
				a State highway and with an expected peak-hour volume of 200 or more vehicle
				trips directly accessing a State highway and all major access applications with
				a planning review. The pages of the traffic impact study shall be numbered and
				the topics shall be addressed in the same sequence as they appear in this
				subsection. The study shall be completed and sealed by a New Jersey licensed
				professional engineer.
(b) A
				traffic impact study shall include a narrative summary as follows:
1. The narrative summary should be in the
				beginning of the report and should indicate the size and type of development
				and the proposed access plan. It should either indicate that the access points
				are in conformance with the Access Code or refer to the waiver request
				accompanying the application.
2.
				The narrative summary should establish that the LOS standards set forth in
				16:47-4.2 4 through 4.29 are met.
				If they are not met, the narrative summary shall evaluate and provide detailed
				justification for the applicant's proposals.
3. Figures should show the location of the
				lot and access points.
4. Any
				fair-share financial contributions determined necessary to mitigate traffic
				impacts according to
				16:47-4.3 4 shall be generally
				described and illustrated.
5. Any
				improvements not required by these rules, but desired by the applicant, should
				be presented along with facts indicative of their workability.
6. Issues raised at the pre-application
				conference shall be addressed in summary form.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.31 - Design standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				improvements made to all State highways, except interstate highways, Department
				design standards shall apply. These standards are set forth in the American
				Association of State Highway Transportation Officials (AASHTO) publication "A
				Policy on Geometric Design of Highway and Streets," incorporated herein by
				reference, and the "New Jersey Department of Transportation Design
				Manual--Roadway" and the "New Jersey Department of Transportation Design
				Manual--Bridges and Structures". In the case of a discrepancy, the Department
				manual will govern over the AASHTO publication.
(b) For interstate highways, the design
				standards are defined in the AASHTO publication "A Policy on Design Standards
				Interstate System," incorporated herein by reference. All new highway
				improvements shall conform to these standards. However, if it proves to be
				infeasible to do so, the highway improvements shall be designed to the
				interstate standards that were in effect at the time of the original interstate
				construction.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.32 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appeal
				process for minor permits is as follows:
1.
				The applicant shall submit a written request for reconsideration to the
				Regional Maintenance Office within 30 days of a notice of rejection or
				unacceptable permit conditions. The request shall include reasons for the
				appeal. Within seven days of receipt, the Regional Maintenance Office shall
				forward the request to the Regional Maintenance Engineer, with pertinent
				documents, and advise the applicant of this action.
2. Within 10 days of receipt of the
				reconsideration request, the Regional Maintenance Engineer will determine
				whether to grant the reconsideration request. If the request is granted, the
				Regional Maintenance Engineer will schedule a meeting, within 30 days of
				receipt of the request for reconsideration, with the applicant and provide the
				applicant with an opportunity to present additional information in support of
				the application.
3. The Regional
				Maintenance Engineer shall render a decision in writing within 15 days of the
				meeting and so notify the applicant. If the Regional Maintenance Engineer
				denies the applicant's request for reconsideration or if the applicant does not
				agree with the decision of the Regional Maintenance Engineer, the applicant may
				submit an 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 applicant's appeal. The Executive Director for Regional
				Operations may conduct the hearing or designate the Manager of the Bureau of
				Major Access Permits as the hearing officer. At the hearing, the applicant will
				be afforded an opportunity to present further information justifying the
				acceptance of the access plan.
5.
				In reaching the final agency decision, the Executive Director for Regional
				Operations shall consider the information presented at the hearing and the
				recommendation of the hearing officer if designated and the criteria set forth
				in the Act and these rules, the lot owner's right of reasonable access to the
				general system of streets and highways in the State 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 so notify the applicant in
				writing.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.33 - Highway improvement projects and permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				either in conjunction with its construction projects, in conjunction with
				projects advanced by others, or through separate access projects, may adjust,
				modify, or revoke highway access permits, to provide access in compliance with
				this Access Code. Such Department activities shall be classified as either an
				adjustment of access, a modification of access or a revocation of access. If
				the Department determines that compliance with the Access Code is not
				reasonably attainable or would leave the property without reasonable access to
				the general system of streets and highways, it shall adjust, modify, or revoke
				access based upon maximum achievement of the goals and purposes of the Access
				Code.
(b) Adjustment of access
				shall be as follows:
1. This is restricted to
				changing the width of an access point by five feet (1.5 meters) or less,
				changing the location of an access point by 10 feet (three meters) or less,
				moving an access point away from the centerline of the highway, such as when
				the highway is widened, or changing the elevation or profile of an access
				point.
2. Lot owners will not be
				notified individually of the Department's decision to adjust an access point
				unless right-of-way is also being acquired. Public notice of the highway
				improvement project will be provided prior to the beginning of
				construction.
3. The Department may
				issue permits to the owners of lots that did not have issued permits or lots
				with grandfathered permits.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.35 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No waivers or
				other relief from design standards or other provisions of N.J.A.C. 16:47-3 and
				4 may be granted 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 the Act and this Access Code. The Department will not
				grant waivers from fees, but may waive application requirements or the
				requirements for applicants.
(b) If
				an applicant wishes to seek a waiver, a request must be submitted as an
				attachment to the permit application. A request for waiver form (MT-159) shall
				be prepared by the applicant. 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 approval of the waiver will be incorporated in the conditions of the
				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
				a lot;
4. Unreasonableness of
				strict application of the Access Code under particular circumstances;
5. A boundary such as urban/rural, speed
				limit, or access classification falling within the frontage of the
				lot;
6. A lot within an urban
				enterprise zone;
7. Conflict
				between the requirements of the Access Code and the requirements of:
i. The Pinelands Commission or the Pinelands
				Protection Act,
				13:18A-1 et seq.;
ii. CAFRA:
iii. The Freshwater Wetlands Act,
				13:9B-1 et seq.;
iv. The Stream Encroachment Act,
				58:16A-50 et seq.;
v. Federal Flood Hazard Zone
				Regulations;
vi. Delaware River
				Basin Commission;
vii. Delaware and
				Raritan Canal Commission; and
viii.
				Meadowlands Commission.
8. Lower access classification or capacity of
				the State highway than that applicable to an intersecting county or municipal
				street;
9. 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 will not
				require a new application and fees as specified in
				16:47-4.8(h),
				4.11(h) and 4.13(i);
10. Low or
				moderate income housing, proposed pursuant to the Fair Housing Act,
				52:27D-301 et seq., or under court
				settlement; and
11. The applicant
				can provide evidence that the major or minor type of permit which the
				Department would determine pursuant to
				16:47-4.4 is inappropriate. This
				may include alternative evidence for traffic generation, pursuant to
				16:47-4.4(f),
				which differs from the information in Appendix E.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.37 - Traffic counts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Traffic counts
				shall be taken by the applicant or, if available at the Department, obtained
				from the Department for study area locations.
(b) Traffic counts shall be shown by
				15-minute intervals over a period long enough to establish a peak hour. This
				period is generally two hours. During this period, there shall be no conditions
				such as detours, accidents, or inclement weather that could affect traffic
				volumes. Traffic counts shall not be taken on or near holidays or other special
				events when traffic may not be representative of average daily
				traffic.
(c) Only traffic counts
				performed outside the seasonal peak period (in tourist or recreational areas)
				shall be adjusted to the peak period. Traffic count data taken within 12 months
				of the application date are required. Classified manual turning-movement counts
				for one day shall be supported by one week of machine counts. To be acceptable,
				a manual count must be within 10 percent of the machine count on each approach
				that day, considering the total for the manual counting period. Weekday
				peak-hour manual counts shall be factored to agree with the weekday machine
				count for the highest hour of the week. Saturday manual counts, if within 10
				percent of the machine counts, need not be factored but shall encompass the
				machine peak hour for the day. The number of two-way, all lane, machine
				counters shall be no less than the number of signalized intersections to be
				counted. Generally, the counters shall be placed to cordon the State highway
				limits of the study area. All counts shall be included in the traffic impact
				study as an appendix. The Department may require evidence of proper calibration
				of automatic traffic recorder (ATR) equipment.
(d) Vehicle classification must be sufficient
				to address the needs of the capacity analysis in
				16:47-4.3 0(g). However, where
				large percentages of multi-axle vehicles are present it may be necessary to
				more finely stratify the classification in order to conform to the machine
				count.
(e) At or after a
				pre-application meeting, the Department may approve alternative proposals for
				counting programs as long as they conform to the intent of (b) through (d)
				above.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.38 - Background traffic growth rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall publish background traffic growth rates which cover the entire
				State.
(b) These rates are only for
				use for access applications submitted to the Department.
(c) The Department shall update these rates
				every two years.
(d) Background
				traffic growth rates do not include specific developments. Applicants shall add
				to background traffic the average anticipated traffic from major traffic
				generators, located on the State highway system and within the study area,
				which:
1. Existed, but were inactive, at the
				time that the applicant took traffic counts, including developments that were
				issued an access permit by the Department but have not yet been
				constructed;
2. Were under
				construction at the time the applicant took traffic counts;
3. Opened since the applicant took traffic
				counts; and
4. Were issued an
				access permit by the Department since the applicant took traffic
				counts.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.40 - Lot consolidation or subdivision permits process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Regional
				Maintenance Office will determine whether an application meets the criteria for
				the type of application applied for and the application is acceptable for
				review. The Regional Maintenance Office will then send a written notice of
				these determinations to the applicant within 10 days of receipt. Applicants
				shall submit to the Bureau of Major Access Permits applications that are
				companion applications to major access permit applications in accordance with
				16:47-4.7.
(b) The application will be reviewed and
				either approved or denied within a maximum of 45 days. If the application is
				approved, the Regional Maintenance Office will request that the applicant
				submit the permit documents and the permit fee. A permit will be issued within
				a maximum of 50 days of receipt of a complete application if the application is
				approved.
(c) The applicant shall
				submit the completed and signed permit documents and permit fee to the Regional
				Maintenance Office within 180 calendar days of the Regional Maintenance Office
				notice of approval. Applicants failing to respond on time will have their
				applications rejected.
(d) When the
				Department requests information from the applicant, the step in the process and
				its associated time frame will restart once the Department receives the
				information. If the applicant does not provide the Department with the
				requested information within 90 days of the request, the application shall be
				considered withdrawn.
(e) If the
				Regional Maintenance Office finds either the same form deficiency or the same
				technical content deficiency three times in an applicant's submissions, then
				the application will be rejected and the applicant must reapply and submit a
				new application and fee.
(f) If the
				applicant changes the proposed lot consolidation or subdivision in response to
				Department comments, a new application and fee will not be required unless the
				applicant fails to eliminate all deficiencies within three submissions. If the
				applicant unilaterally changes the lot consolidation or subdivision, however, a
				new application and fee shall always be submitted.
(g) A lot consolidation or subdivision permit
				only applies to lot consolidation or subdivision. Such a permit does not
				authorize any physical change, only changes to lot lines. Any change to an
				existing access point or the addition or removal of an access point must be
				authorized by an access permit instead.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.41 - Lot consolidation or subdivision permits checklist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				for lot consolidations or subdivisions shall be accompanied by two copies of
				detailed plans to a scale of one inch equals 30 feet (1=300 for metric) or one
				inch equals 50 feet (1=600 for metric). The Department may require additional
				copies of the plans. Plan sheet size shall not exceed 24 inches (594
				millimeters) by 36 inches (841 millimeters).
(b) The following information shall be
				submitted for both the lot consolidation and subdivision applications:
1. Site location map (The Key map must
				reference at least two cross streets on each side of the property, milepost,
				north arrow and scale);
2. Zoning
				designation for lot;
3. Copy of tax
				map showing existing: block number, lot number and lot lines;
4. Topography, on the lot and its
				frontage;
5. Length of lot frontage
				along highway and frontage of next adjacent non-single-family residential
				lots;
6. Locations of all existing
				lot driveways;
7. Curbline
				openings;
8. Driveway
				width;
9. Driveway alignment with
				respect to the highway;
10. Edge
				clearance;
11. Corner
				clearance;
12. Driveway and island
				radii;
13. Number of existing units
				for residential use; rooms for hotels and motels; square footage for retail,
				office, and warehouse; or appropriate unit of measure for other land
				use;
14. Type of vehicles
				anticipated;
15. Percentage of
				traffic anticipated to use each access point on each lot;
16. Dimensions from the lot line to the edge
				of pavement;
17. Copies of
				transmittals of duplicate applications to the municipal clerk and county
				planning board; and
18. A copy of
				the deed or the preliminary subdivision approval.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.42 - Temporary permits process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Regional
				Maintenance Office shall determine whether an application meets the criteria
				for the type of application applied for and the application is acceptable for
				review. The Regional Maintenance Office shall send a written notice of these
				determinations to the applicant within 10 days of receipt.
(b) The application shall be reviewed and
				either approved or denied within a maximum of 30 days. If the application is
				approved, the Regional Maintenance Office shall request that the applicant
				submit the permit documents and the permit fee. A permit shall be issued within
				a maximum of 35 days of receipt of a complete application if the application is
				approved.
(c) The applicant shall
				submit the completed and signed permit documents and permit fee to the Regional
				Maintenance Office within 30 calendar days of the Regional Maintenance Office
				notice of approval. Applicants failing to respond on time will have their
				applications rejected.
(d) When the
				Department requests information from the applicant, the step in the process and
				its associated time frame will restart once the Department receives the
				information. If the applicant does not provide the Department with the
				requested information within 90 days of the request, the application shall be
				considered withdrawn.
(e) If the
				Regional Maintenance Office finds either the same form deficiency or the same
				technical content deficiency three times in an applicant's submissions, then
				the application will be rejected and the applicant must reapply and submit a
				new application and fee.
(f) A
				temporary permit shall be valid for a maximum of one year. No extensions of
				time shall be allowed.
(g) The
				temporary access point shall be removed prior to the expiration of the permit.
				The permit shall establish the date for removal. The permit shall also address
				the restoration of the State highway right-of-way.
(h) There shall be no more than one temporary
				access point per lot.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 4 - ACCESS CLASSIFICATIONS AND LEVELS › Section 16:47-4.43 - Temporary permits checklist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				for temporary permits shall be accompanied by two copies of detailed plans to a
				scale of one inch equals 30 feet (1=300 for metric) or one inch equals 50 feet
				(1=600 for metric). Plan sheet size shall not exceed 24 inches (594
				millimeters) by 36 inches (841 millimeters).
(b) The following information shall be
				submitted for temporary permit applications:
1. Site location map (The Key map must
				reference at least two cross streets on each side of the property, milepost,
				north arrow and scale);
2. Copy of
				tax map showing existing: block number, lot number and lot lines;
3. Topography, on the lot and its
				frontage;
4. Length of lot frontage
				along highway;
5. Locations of all
				existing lot driveways;
6. Curbline
				openings;
7. Driveway
				width;
8. Driveway alignment with
				respect to the highway;
9. Edge
				clearance;
10. Corner
				clearance;
11. Driveway
				geometry;
12. Type of vehicles
				anticipated;
13. Estimated 24-hour
				traffic anticipated to use the access point; and
14. Dimensions from the lot line to the edge
				of pavement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 5 - PROCEDURE FOR CHANGES IN CLASSIFICATION › Section 16:47-5.1 - Lot or site conformance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				has established acceptable spacing standards between adjacent lots or sites to
				manage the distance between driveways accessing a State highway. These
				standards are described as lot or site conformance spacing distance
				requirements and are measured as the spacing between lot or site centerlines.
				Lots or sites that do not meet the spacing requirements are considered
				nonconforming lots and are subject to maximum trip limitations. Municipal or
				county streets that are under Department jurisdiction, but are not numbered
				State highways, will be considered as non- State highways for the purpose of
				calculating conformance.
(b) Two or
				more tax map parcels that constitute a site will be considered one lot for the
				purpose of determining conformance.
(c) Two or more adjacent lots can be treated
				as a single lot if they have a shared driveway. This condition must be recorded
				in the deeds for each lot. The determination of conformance shall then be made
				for the combination of lot frontages. If the combination is conforming, then no
				maximum trip limitations shall be applied. If the combination is nonconforming,
				then the maximum trip limitations set forth in
				N.J.A.C.
				16:47-5.2shall be applied based upon the
				combined frontage and acreage of the lots and distributed between the lots at
				the owners' discretion.
(d)
				Conformance will not be applied to streets.
(e) Conformance will be applied as follows:
1. Any lot or site on a State highway segment
				designated AL 2 will be a nonconforming lot.
2. Any single family residential lot on a
				State highway segment not designated AL 1 or AL 2 will be a conforming
				lot.
3. Any lot or site on a State
				highway segment designated AL 6 will be a conforming lot.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 5 - PROCEDURE FOR CHANGES IN CLASSIFICATION › Section 16:47-5.2 - Trip limitations for nonconforming lots or sites

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				nonconforming lot or site is subject to maximum trip limitations that shall not
				be exceeded and shall be made a condition of the access permit issued for that
				lot or site. On lots or sites with access to both State highways and streets,
				maximum trip limitations only apply to the State highway access.
(b) Maximum trip limitations shall be
				determined as follows:
1. The abbreviations
				and meaning of the variables used in the formulas below are as follows:
i. S -- Spacing distance, based on the posted
				speed limit and
				N.J.A.C.
				16:47-5.1(f).
ii. L -- Left distance between the lot or
				site centerline and either the centerline of the next adjacent non-single
				family residential lot, or the centerline of the street, ramp, or nearest
				jughandle roadway opening as applicable, the centerline of the adjacent
				intersecting street roadway opening for a corner lot, or one-half of the State
				highway frontage plus one-half of the intersecting street frontage for a corner
				lot with access to the intersecting street. The maximum distance for L cannot
				exceed S.
iii. R -- Right distance
				measured the same as L above. The maximum distance for R cannot exceed
				S.
iv. A -- Area of the lot or site
				expressed in acres, but no greater than 3.0 on an urban State highway and 2.0
				on a rural State highway.
v. V --
				Maximum peak hour trips (total to and from the lot or site).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 5 - PROCEDURE FOR CHANGES IN CLASSIFICATION › Section 16:47-5.3 - Review of application

Current through Register Vol. 56, No. 14, July 15, 2024
Within 20 days of receipt of an application for a change in
				  classification, the Division of Transportation Systems Planning shall notify
				  the applicant whether or not the application is complete. If the application is
				  incomplete, the notice shall list those items needed to complete the
				  application. Within 60 days of receipt of a notice that an application is
				  incomplete, the applicant may submit such additional information as is
				  necessary to complete the application. Within 20 days of receipt of the
				  additional information, the Division of Transportation Systems Planning shall
				  notify the applicant whether or not the application is complete. The
				  application shall be rejected if the Director, Division of Transportation
				  Systems Planning, determines that a complete application has not been submitted
				  within the specified time periods.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 5 - PROCEDURE FOR CHANGES IN CLASSIFICATION › Section 16:47-5.4 - Notice to counties, municipalities, and metropolitan planning organizations

Current through Register Vol. 56, No. 14, July 15, 2024
Within 10 days of notifying an applicant that an application
				  is complete, the Director, Division of Transportation Systems Planning, shall
				  forward a copy of the completed application to the clerks of all counties and
				  municipalities in which the segment is located and the metropolitan planning
				  organization associated with the segment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 5 - PROCEDURE FOR CHANGES IN CLASSIFICATION › Section 16:47-5.5 - Decision on request for change in classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A decision on
				the request for a change in classification shall be made by the Assistant
				Commissioner, Planning, Research and Local Government Services. In evaluating
				the application, the Assistant Commissioner shall consider the existing access
				classifications of adjacent segments of the State highway system and the county
				and municipal road networks, conformity with municipal and county master plans
				and development ordinances and with the State Development and Redevelopment
				Plan, access classification criteria set forth in
				16:47-2.1, and other appropriate
				factors.
(b) Within 50 days of
				receipt of a complete application, the Assistant Commissioner, Planning,
				Research and Local Government Services shall advise the applicant in writing
				whether or not the classification change request has been accepted or rejected
				and, in either case, shall provide the applicant with reasons for the
				decision.
(c) Any accepted change
				in the access classification of a segment of highway shall be promulgated as an
				amendment to N.J.A.C. 16:47-2.1, pursuant to the Administrative Procedure Act,
				52:14B-1 et seq. A proposed change
				is subject to a public comment period of 30 days.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 5 - PROCEDURE FOR CHANGES IN CLASSIFICATION › Section 16:47-5.6 - Appeal of a decision rejecting a change in access classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20 days
				of receipt of a decision rejecting a change in access classification, the
				applicant may appeal the decision to the Commissioner in writing. The applicant
				must set forth the reasons for the appeal and must set forth, in full, any
				additional information supporting the request for a change in
				classification.
(b) Within 30 days
				of receipt of an appeal, the Commissioner shall advise the applicant in writing
				of the final agency decision and the reasons for the decision.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.1 - General provisions for lot subdivision and lot consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
State highway access is granted to a lot or site in its
				  entirety, not to the lot owner. Any change to the lot, including the size or
				  the frontage on the State highway by lot subdivision or lot consolidation,
				  shall require a new access permit pursuant to N.J.A.C. 16:47-8. Such a permit
				  does not authorize any physical change to the lot, only changes to the lot
				  lines
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.2 - Lot subdivision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A conforming lot fronting on a State
				highway can be subdivided in a manner that would create:
1. Conforming lots consistent with the
				provisions of this chapter;
2. One
				conforming lot and one nonconforming lot; however, the nonconforming lot must
				have a shared driveway with a conforming lot;
3. A combination of conforming and
				nonconforming lots. The maximum number of allowable driveways, including shared
				driveways, shall be based on the number of conforming lots that could
				potentially be created from the existing conforming lot prior to subdivision;
				or
4. Only nonconforming lots, if
				all of the resulting lots are prohibited from access to the State highway by
				deed restriction or if all lots created utilize a shared driveway. The maximum
				number of shared driveways shall be based on the number of conforming lots that
				could potentially be created from the existing conforming lot prior to
				subdivision.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.3 - Lot consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
Two or more existing nonconforming lots may be consolidated
				  to create a conforming lot or a lot that is less
				  nonconforming.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.4 - New street intersections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On all State
				highways classified as AL 3, 4, and 5, a new street intersection may be created
				only if it does not result in nonconforming lots on either side of the
				intersection or if the nonconforming lots created only have access to the new
				street and are deed restricted to indicate the same.
(b) On all State highways classified as AL 2,
				new street intersections may be created even if they cause nonconforming lots
				to be more nonconforming. New street intersections will only be approved if the
				resultant lots only have access to the new street and are deed restricted to
				indicate that access to the State highway is prohibited.
(c) New street intersections that propose new
				traffic signals must meet the requirements of N.J.A.C. 16:47 Appendix G,
				incorporated herein by reference.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.5 - Process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may propose the development of an access management plan for any lots fronting
				on any segment of the State highway system. The proposal shall be initiated by
				notice to:
1. The mayor of any municipality
				within which the subject highway segment is located;
2. The mayor of any other municipality within
				which any proposed improvements designed to provide access to lots fronting on
				the segment are located;
3. The
				mayor of any municipality whose local roads would provide access from the lots
				covered by the access management plan to the subject highway segment;
4. The chief governing official of any county
				within which the segment is located if a county road intersects such
				segment;
5. The mayor or chief
				governing official of any contiguous municipality and chief governing official
				of any county if the improvements contemplated by the access management plan
				necessitate coordinated improvements in such municipality or county or if the
				cooperation of such municipality and county is otherwise necessary;
6. The heads of transportation development
				districts within which the proposed improvements or lots for which access is
				designed are located;
7. The heads
				of transportation management associations whose geographical jurisdiction
				encompasses all or a portion of a subject highway segment;
8. The heads of independent toll road
				authorities having jurisdiction over a roadway or ramp intersecting the subject
				highway segment; and
9. The heads
				of the metropolitan planning organizations whose geographical jurisdiction
				encompasses all or a portion of a subject highway segment.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS › Section 16:47-6.6 - Public notice and hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion
				and submission of the access management plan, the Department, municipalities,
				and counties participating in the joint planning process shall hold a public
				hearing thereon at a location designated by the Commissioner. A minimum of 15
				days notice thereof shall be provided in a local newspaper of general
				circulation and by mail to owners of lots for which access is designed and upon
				which any improvements set forth in the plan are located, and to all
				municipalities and counties located within 200 feet (60 meters) of such lots.
				The notice shall give the time and place of the hearing and provide that public
				comments on the proposed plan may be made to the Commissioner.
(b) The working committee shall meet and
				review the comments made during the public comment period within 60 days after
				the public comment period. It shall make whatever amendments to the access
				management plan are appropriate in light of the comments and within 60 days of
				such meeting, submit any revisions to the plan to the Commissioner. Such
				revisions shall be signed by all members of the working committee. Revisions
				that propose changes in the location, but not the number, of driveways and
				streets shall be classified as minor revisions and shall not require a new
				public hearing. All other revisions shall be classified as major, unless
				otherwise designated by the Commissioner, and shall require a new public
				hearing.