New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 9 - ACCESS APPLICATIONS › Section 16:47-9.7 - Two-step application review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications will be reviewed for
				checklist completeness to determine that all items described at N.J.A.C.
				16:47-9.5(c)have been received. Within 15 days of receipt of the application,
				the Department will notify the applicant and designated contact person whether
				the application is checklist complete or incomplete. The technical review of
				the application will not commence until the application is deemed checklist
				complete.
(b) If the application is
				deemed incomplete, the Department will prepare a written notice of deficiency
				that lists all items that must be submitted in order for the application to be
				checklist complete. The applicant shall have 90 days from the date of the
				notice to submit the missing checklist items or the application will be
				considered withdrawn. After receipt of the applicant's response to the
				deficiency notice, the applicant will be notified within 15 days if the
				application is now deemed checklist complete. If an applicant responds within
				90 days, but fails to satisfactorily resolve the deficiencies, a third
				submittal will be accepted within 30 days before the application will be
				considered withdrawn. Failure to resolve the noted deficiency within three
				submittals will result in the application being considered withdrawn. The
				Department will not reconsider applications considered withdrawn, unless a new
				application and application fee are submitted.
(c) A technical review of the step one
				submission will commence once the application is deemed checklist complete.
				Within 90 days the Department will notify the applicant and designated contact
				person, in writing, that the step one access application is technically
				acceptable or issue the applicant and designated contact person a notice of
				technical deficiency.
(d) The
				notice of technical deficiency will itemize all deficiencies that must be
				addressed in order for the application to be technically acceptable. The notice
				will be made in writing and the applicant shall respond to the notice within 90
				days from the date of the notice. If an applicant fails to respond and correct
				the requested deficient items within 90 days, the application may be considered
				withdrawn and reconsideration of the application may require a new application
				and application fee. Within 90 days of receipt of the applicant's response to
				the notice of technical deficiency, the Department will notify the applicant
				and designated contact person if the technical deficiencies have been
				satisfactorily resolved.
(e) If the
				applicant's response fails to satisfactorily resolve the technical
				deficiencies, the permit will be denied unless further technical reviews are
				determined appropriate by the Department.
(f) Additional review time may be required
				for applications that require Federal Highway Administration review of work on
				or affecting interstate highways, interchanges, or ramps. The Department will
				advise the applicant and designated contact person, in writing, of any
				anticipated additional reviews.
(g)
				If the step one application is deemed technically acceptable, the Department
				will issue a written notice to the applicant and designated contact person of
				approval to proceed to step two of the two-step application review process. The
				step two submission shall be received by the Department within 180 days of this
				approval notice or the application may be considered withdrawn. The applicant
				and designated contact person will also be advised that a developer's
				agreement, as described at N.J.A.C. 16:47-10.5, must be executed prior to the
				Department review of step two of the two-step application review
				process.
(h) Step two submissions
				will be reviewed for checklist completeness to determine that all items
				described at N.J.A.C. 16:47-9.5(d)have been received. Within 15 days of receipt
				of the application, the Department will notify the applicant and designated
				contact person whether the submission is checklist complete or incomplete. The
				technical review of the step two submission will not commence until it is
				deemed checklist complete and the developer's agreement has been
				executed.
(i) If the submission is
				deemed incomplete, the Department will prepare a written notice of deficiency
				that lists all items that must be submitted in order for the submission to be
				checklist complete. The applicant shall have 90 days from the date of the
				notice to submit the missing checklist items or the application will be
				considered withdrawn. After receipt of the applicant's response to the
				deficiency notice, the applicant will be notified within 15 days if the
				application is now deemed checklist complete. If an applicant responds within
				90 days, but fails to satisfactorily resolve the deficiencies, a third
				submittal will be accepted within 30 days before the application will be
				considered withdrawn. Failure to resolve the noted deficiency within three
				submittals will result in the application being considered withdrawn. The
				Department will not reconsider applications considered withdrawn unless a new
				application and application fee are submitted.
(j) A technical review of the step two
				submission will commence once the application is deemed checklist complete.
				Within 90 days the Department will notify the applicant and designated contact
				person, in writing, that the access application is technically acceptable or
				issue the applicant a notice of technical deficiency.
(k) The notice of technical deficiency will
				itemize all deficiencies that must be addressed in order for the application to
				be technically acceptable. The notice will be made in writing and the applicant
				shall respond to the notice within 90 days from the date of the notice. If an
				applicant fails to respond and correct the requested deficient items within 90
				days, the application may be considered withdrawn and reconsideration of the
				application may require a new application and application fee. Within 90 days
				of receipt of the applicant's response to the notice of technical deficiency,
				the Department will notify the applicant if the technical deficiencies have
				been satisfactorily resolved.
(l)
				If the applicant's response fails to satisfactorily resolve the technical
				deficiencies, the permit will be denied unless further technical reviews are
				determined appropriate by the Department.
(m) Additional review time may be required
				for applications that include work associated with a traffic signal, drainage
				improvements, structural review, or for Federal Highway Administration review
				of work on or affecting interstate highways, interchanges, or ramps. The
				Department will advise the applicant and designated contact person, in writing,
				of any anticipated additional reviews.
(n) If the step two submission is deemed
				technically acceptable, the Department will issue a written notice of permit
				approval with appropriate permit documents to the applicant.
(o) Approved permits must be executed
				pursuant to N.J.A.C. 16:47-10.2.