reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 5 - STANDARDS AND SPECIFICATIONS › Section 16:20A-5.1 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposed road and bridge improvements
				shall conform to the current design standards utilized by the Department, which
				are incorporated herein by reference, as amended and supplemented, including,
				but not limited to, the appropriate American Association of State Highway and
				Transportation Officials (AASHTO) publications listed below. These publications
				are available in book form or as a compact disk from AASHTO at:
https://bookstore.transportation.org/direct_order_form.aspx
:
1. A Policy on Geometric Design of Highways
				and Streets, 6th edition;
2.
				Standard Specifications for Highway Bridges, 17th edition; and
3. Guide for the Development of Bicycle
				Facilities, 4th edition.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 5 - STANDARDS AND SPECIFICATIONS › Section 16:20A-5.2 - Specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction
				and materials shall conform to the Department's Standard Specifications for
				Road and Bridge Construction, 2019 edition, incorporated herein by reference,
				as amended and supplemented, and the Department's Supplementary Specifications
				for State Aid Projects, 2019 Edition, incorporated herein by reference, as
				amended and supplemented. The Standard Specifications for Road and Bridge
				Construction is available in electronic format on the Department's website at
http://www.state.nj.us/transportation/eng
.The
				Supplementary Specifications for State Aid Projects is available in electronic
				format on the Department's website at
http://www.state.nj.us/transportation/business/localaid/suppspecpay.shtm
.
(b) Specifications for transportation
				projects, other than roads and bridges, shall be pre-approved by the Department
				before the county begins design of the project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20A-6.1 - Project agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				project advancing in an approved ATP must be established by the county in SAGE
				by provision of a submission that includes, but is not limited to, the
				following:
1. Type of improvement (that is,
				bikeway, bridge preservation, mobility, pedestrian safety, quality of life,
				roadway preservation, or roadway safety);
2. Project name;
3. Project location (municipality);
4. Project limits;
5. Project length; and
6. Project cost.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20A-6.2 - Award of contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject
				to the notification and approval pursuant to
				N.J.A.C.
				16:20A-6.1, and in accordance with the
				provisions of the Local Public Contracts Law,
				N.J.S.A.
				40A:11-1et seq., the county shall advertise
				and award for construction contracts for a project being advanced by the county
				and listed in its ATP. Additionally, for all projects funded, in whole or in
				part, out of funds from the local aid program, each bidder on a construction
				contract valued at more than $ 5,000,000 shall be prequalified by the New
				Jersey Department of Transportation.
(b) Thirty calendar days prior to the date of
				advertisement, the county shall submit the following to the appropriate
				district office:
1. One copy of the contract
				plans and specifications;
2. One
				copy of the engineer's estimate of costs;
3. A certification from the county engineer
				or consulting project engineer certifying conformance to design standards and
				specifications set forth in N.J.A.C. 16:20A-5 and setting forth any required
				design exception justification or pre-approved alternative specification;
				and
4. A certification by the
				appropriate county official that all right-of-way is available for the project
				or that it will be available at the time of contract award.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20A-6.3 - Contract completion and final payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When all work is substantially complete,
				the Department will conduct a final inspection. "Substantial completion" means
				that projects are complete, with the exception of landscaping items, removal of
				soil erosion and sediment control (SESC) measures, final cleanup, and repair of
				unacceptable work; provided the resident engineer has determined that the
				project is safe and convenient for use by the public and that failure to
				complete work and repairs excepted in this definition will not result in the
				deterioration of other completed work. If the work is deemed satisfactory, the
				Department will accept the project. Within six months of the Departments
				acceptance of the project, the county shall prepare and submit to the
				appropriate district office the following documents for project closeout:
1. A statement of the work performed,
				certified by the county engineer or consulting project engineer, for acceptance
				and approval of the completed work, a copy of a freeholder resolution of
				project acceptance and/or authorization of final payment, a copy of a
				freeholder resolution authorizing the final change order, or a certification of
				final payment by an appropriate county official;
2. A certification by the county chief
				financial officer that all expenditures are supported by valid documentation
				and conform with the county local aid agreement; and
3. Material certifications and test results
				to ensure conformance with the construction specifications as may be
				required.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20A-6.4 - Annual report on expenditure of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county shall prepare and submit to
				the Department, by December 31 of each year, an annual report on the
				expenditure of local aid funds. The countys progress in expending its allotment
				of local aid shall be measured on an annual basis using the information
				contained in this report.
(b) The
				reporting period for the annual report shall be the immediately preceding State
				fiscal year and two prior State fiscal years. For example, the December 31,
				2013, report shall be for State fiscal years 2013, 2012, and 2011.
(c) The report shall be certified by the
				countys chief financial officer.
(d) The report shall include, but not be
				limited to, the following information:
1. A
				statement of the annual allotments for the reporting period;
2. A listing of projects with Department
				award concurrence and the active ATP(s) from which each is being
				deducted;
3. The award concurrence
				date, as it appears in SAGE, for the projects listed in (d)2 above;
4. Total funds allocated and awarded during
				the reporting period;
5. Total
				funds allocated but not awarded during the reporting period;
6. Project closeout date; and
7. Any reallocated funds from closeout
				balances described in (f) below, and their expiration date.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 7 - AUDIT › Section 16:20A-7.1 - General Provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)The
				county shall comply with the State of New Jersey Single Audit Policy defined by
				the Department of Treasury, Office of Management and Budget (OMB Circular 04-04
				or as superseded) and the Single Audit Act of 1984 as amended (Federal OMB
				Circular A-133). These circulars are available in electronic format on the New
				Jersey Department of Treasury, Office of Management and Budget website at
				www.state.nj.us/infobank/circular/circindex.htm and at the Federal government
				website at www.whitehouse.gov/OMB.
(b)A Single Audit of the county shall be
				performed annually by an independent auditor or public accountant who meets the
				independence standards specified in generally accepted government auditing
				standards in conformity with the State Audit Policy.
(c)Audit costs incurred by the county to
				comply with the subchapter shall not be reimbursable.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 1 - PURPOSE AND SCOPE › Section 16:20B-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter governs disbursements from the Departments
				  Municipal Local Aid Program to municipalities for the purpose of assisting
				  municipalities in the implementation of public transportation projects and
				  other transportation projects, as defined in
				  27:1B-1 et seq., including, but
				  not limited to, improvement of any public road or bridge under the jurisdiction
				  of a municipality.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 1 - PURPOSE AND SCOPE › Section 16:20B-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to appropriation, all
				municipalities in the State shall be eligible to apply for a local aid grant
				for municipal transportation projects pursuant to this chapter.
(b) A discretionary fund shall be
				established, subject to appropriation, to address emergency and critical
				transportation projects. Any municipality may make application to the
				Department at any time for these funds. All municipal local aid formula rules,
				regulations, and procedures in this chapter shall apply to discretionary funds,
				except that due to the nature of the projects, applications will not be
				evaluated by a screening committee. Requests will be reviewed as they are
				received; emergencies shall be reviewed immediately, and recommendations made
				for timely action. Project approvals will be at the discretion of the
				Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 2 - DEFINITIONS › Section 16:20B-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Award" means the notice to a bidding contractor of the
				  municipalitys acceptance of the submitted bid.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such persons as the Commissioner may designate,
				  when legally permissible.
"Construction inspection" means examination of a construction
				  project to ensure conformity with contract plans and specifications.
				  Construction inspection charges shall begin at the preconstruction meeting and
				  end with the securing of the as-built measurements. It shall only include those
				  direct costs associated with actual project inspection or construction
				  supervision. Administrative and clerical costs, work items involving shop
				  drawing reviews, preparation of payment vouchers, and soliciting bids for
				  testing are not eligible for reimbursement.
"Department" means the New Jersey Department of
				  Transportation.
"District office" means an office of the Departments Division
				  of Local Aid and Economic Development that administers the local aid program
				  for specified counties and the municipalities within them.
"Publicly-owned utility" means a utility wholly owned,
				  operated, managed and controlled by the State, or by any political subdivision
				  thereof, including a county or municipality. The term does not include
				  municipal or county utility authorities.
"SAGE" means the Departments online grant management system,
				  System for Administering Grants Electronically.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 3 - CONTACT INFORMATION › Section 16:20B-3.1 - Contact information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Municipal local aid funds are
				administered by the Department's Division of Local Aid and Economic
				Development. Contact information for the Division is as follows:
1. Main Office
1035 Parkway Avenue
Trenton, New Jersey 08625
Phone: (609) 963-2021
Fax: (609) 530-8044
Counties covered: All counties
2. District One Office
Roxbury Corporate Center
200 Stierli Court
Mount Arlington, New Jersey 07856
Phone: (973) 601-6700
Fax: (973) 671-6709
Counties covered: Morris, Passaic, Sussex, Warren
3. District Two Office
153 Halsey Street, 5th Floor
Newark, New Jersey 07102
Phone: (973) 877-1500
Fax: (973) 877- 4547
Counties covered: Bergen, Essex, Hudson,
				  Union
4. District Three
				Office
PO Box 600
Trenton, New Jersey 08625-0600
Phone: (609) 963-2020
Fax: (732) 625-4292
Counties covered: Hunterdon, Mercer, Middlesex, Monmouth,
				  Ocean, Somerset
5. District
				Four Office
One Executive Campus
Route 70 West, 3rd Floor
Cherry Hill, New Jersey 08002
Phone: (856) 414-8414
Fax: (856) 486-6771
Counties covered: Atlantic, Burlington, Camden, Cape May,
				  Cumberland, Gloucester, Salem
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 4 - MUNICIPAL AID › Section 16:20B-4.1 - Eligible costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will participate in the following:
1. One
				hundred percent of the cost of eligible construction or the project allotment,
				whichever is less; and
2. The cost
				of construction inspection and material testing, up to a maximum of 15 percent
				of the final eligible construction cost of the project less any
				non-participatory items. Bituminous concrete adjustments are not included in
				this calculation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 4 - MUNICIPAL AID › Section 16:20B-4.3 - Funding allocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to appropriation of funds, State
				aid for municipal transportation projects in each county will be allocated
				according to the formula set forth in
				27:1B-1 et seq. For the purposes
				of this formula, population figures shall be obtained from the New Jersey
				Department of Labor and Workforce Development and municipal road mileage shall
				be determined by the Department.
(b) Separate from the municipal local aid
				formula allocation, the Commissioner shall allocate to municipalities
				qualifying for urban aid pursuant to
				52:27D-178 et seq., an amount,
				subject to appropriation, as set forth in
				27:1B-1 et seq. This allocation
				shall be in the same proportion that the municipalities receive aid pursuant to
				52:27D-178 et seq., as determined
				by the Department of Community Affairs, and will be applied to an approved
				project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 4 - MUNICIPAL AID › Section 16:20B-4.4 - Project approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject
				to appropriations, the Department shall solicit applications from each
				municipality by April 30th of each year for municipal local aid.
(b) Municipalities seeking municipal local
				aid will be required to submit an application through the Department's online
				grant management system, SAGE (System for Administering Grants Electronically)
				at
http://www.state.nj.us/transportation/business/localaid/sage.shtm
by July 1st of each year. SAGE users can submit grant applications, communicate
				with grant program staff, request changes, and manage grants.
(c) The municipal local aid application
				requires a supporting resolution from the local governing body and an
				engineering description of the proposed transportation improvement. For
				example, in the case of a proposed road or bridge improvement, the application
				must indicate the existing and proposed right-of-way width, paved and graded
				widths, shoulder widths, type and depth of proposed pavement, and an estimate
				of the cost of the proposed work.
(d) Department staff will review applications
				for completeness, conduct field investigations, evaluate the projects and make
				recommendations to the screening committee on project priorities.
(e) A screening committee, composed of
				municipal engineers representing a cross section of New Jersey, and Department
				staff, shall review the recommendations. The screening committee will recommend
				to the Commissioner which projects should receive funding and the associated
				funding amount. In developing the recommendations, consideration shall be
				given, as applicable, to existing road conditions, volume of traffic, safety,
				service to the public, future need, readiness to construct, local taxing
				capacity, consistency with applicable planning documents (including, but not
				limited to, the State Development and Redevelopment Plan, the State long-range
				transportation plan, the long-range plan of the appropriate metropolitan
				planning organization, and the county and municipal master plans), and
				performance and timeliness in designing, awarding, and constructing previous
				projects funded by municipal local aid.
(f) Final project selection and funding
				amounts will be determined by the Commissioner. The Commissioners decision will
				be final.
(g) The Department shall
				distribute an award letter to each municipality by November 30th of each
				year.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 4 - MUNICIPAL AID › Section 16:20B-4.5 - Municipal responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				municipality shall be responsible for:
1.
				Engaging a professional engineer licensed in the State of New Jersey to prepare
				construction plans and specifications and to provide construction engineering,
				inspection, and material testing as required;
2. Providing maps, reports, construction
				plans, specifications, and contract documents, as may be required by the
				Department;
3. Complying with the
				provisions of Executive Order No. 215 (1989) and obtaining all necessary State
				and Federal permits and approvals; and
4. Complying with the Americans with
				Disabilities Act (ADA),
				42
				U.S.C. §§
											12131 through
				12164.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 5 - STANDARDS AND SPECIFICATIONS › Section 16:20B-5.1 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposed road and bridge improvements
				shall conform to the current design standards utilized by the Department,
				incorporated herein by reference, as amended and supplemented, including, but
				not limited to, the appropriate American Association of State Highway and
				Transportation Officials (AASHTO) publications listed below. These publications
				are available in book form or as a compact disk from AASHTO at:
https://bookstore.transportation.org/direct_order_form.aspx
:
1. A Policy on Geometric Design of Highways
				and Streets, 6th edition;
2.
				Standard Specifications for Highway Bridges, 17th edition; and
3. Guide for the Development of Bicycle
				Facilities, 4th edition.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 5 - STANDARDS AND SPECIFICATIONS › Section 16:20B-5.2 - Specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction
				and materials shall conform to the Department's Standard Specifications for
				2019 Road and Bridge Construction, which is incorporated herein by reference,
				as amended and supplemented, and the Department's Supplementary Specifications
				for State Aid Projects, 2019 Edition, which is incorporated herein by
				reference, as amended and supplemented. The Standard Specifications for Road
				and Bridge Construction is available in electronic format on the Department's
				website at
http://www.state.nj.us/transportation/eng
.
				The Supplementary Specifications for State Aid Projects is available in
				electronic format on the Department's website at
http://www.state.nj.us/transportation/business/localaid/suppspecpay.shtm
.
(b) Specifications for transportation
				projects, other than roads and bridges, shall be pre-approved by the Department
				before the municipality begins design of the project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20B-6.1 - Project agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Municipalities shall enter into an agreement with the Department through SAGE
				for each project approved for municipal local aid.
(b) All agreements shall include, but not be
				limited to, provisions for indemnification of the State and its employees and
				officers.
(c) The Department shall
				execute an agreement with each municipality concerning the project for which
				the aid is allotted to that municipality within 90 days from the date the
				Department distributes the award letter to the municipality or by March 1st of
				the following year, whichever is later.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20B-6.2 - Contract deadline

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Municipal local aid agreements using both formula allocations and urban aid
				allocations shall specify that a contract must be awarded by the municipality
				within 24 months from the date of grant notification. At any time, but at a
				minimum of 30 days prior to the 24-month deadline, a municipality may
				voluntarily cancel a municipal local aid agreement and release the funds back
				to the Department.
(b) An allotment
				provided to a municipality shall be rescinded, returned, or deducted from
				future allocations as a result of a municipality's failure to award
				construction or other approved contracts for 100 percent of the municipality's
				allotment within two years of notification by the Department of that year's
				allotment.
(c) In the event an
				award is not made within the 24-month deadline, the Department, at its
				discretion, may grant an extension of not greater than six months in duration
				for extraordinary circumstances.
1.
				Extraordinary circumstances are narrowly defined as:
i. Bidding problems. The project was
				advertised and bids received before the 24-month deadline, but because the bids
				exceeded the estimate, the project will be re-advertised for bid within three
				months or financing will be arranged to allow award within the next six
				months;
ii. Permits not approved.
				Environmental permit applications were submitted and accepted by all permitting
				agencies within 12 months of municipal local aid agreement execution and
				permits have not been received. Municipalities must provide details of issues
				precluding the issuance of the permits;
iii. Utility relocation work precludes
				advertisement, bid, and award during the 24-month deadline. The municipality
				has demonstrated communication and coordination with all utility companies
				within 12 months of municipal local aid grant agreement execution; however,
				utility companies are indicating that relocation work must be performed prior
				to the construction of the project. The municipality must provide details on
				the schedule of utility work precluding advancement of the municipal local aid
				project;
iv. Right-of-way is not
				available for the project. The municipality shall provide details on the
				schedule of right-of-way acquisition and any issues precluding advancement of
				the project; or
v. Declaration of a
				state of emergency by the Governor of New Jersey or the President of the United
				States that directly impacts the ability of the municipality to award the
				contract. The municipality must provide details on the projects schedule and
				the details as to how the state of emergency precluded the advancement of the
				municipal local aid project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20B-6.3 - Award of contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				approval by the Department, the municipal government shall advertise and award
				the contract for each project in accordance with the provisions of the Local
				Public Contracts Law,
				N.J.S.A.
				40A:11-1et seq. Additionally, for all
				projects funded, in whole or in part, out of funds from the local aid program,
				each bidder on a construction contract valued at more than $ 5,000,000 shall be
				prequalified by the New Jersey Department of Transportation.
(b) Thirty calendar days prior to the time of
				advertisement, the municipal government shall submit the following to the
				appropriate district office:
1. One copy of
				the contract plans and specifications;
2. One copy of the engineer's estimate of
				costs; and
3. A certification from
				the municipal engineer or consulting project engineer certifying conformance to
				the design standards set forth in
				16:20B-5.1 and setting forth any
				required design exception justification.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 6 - PROJECT AGREEMENTS AND CONTRACTS › Section 16:20B-6.4 - Contract completion and final payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a)Municipal governments may request progress
				payments on a monthly basis when the total amount of reimbursement requested is
				not less than $50,000. Otherwise, final payment will be paid on a reimbursement
				basis after the Department notifies the municipality to submit a final payment
				voucher.
(b)When the municipality
				deems work associated with the municipal local aid grant to be complete, the
				municipality will notify the Department in writing that the work is ready for
				inspection.
(c) The Department, if
				it chooses, may inspect the work for compliance with the terms of the municipal
				local aid agreement. The Department will notify the municipality, in writing,
				that it will either inspect the project or waive project inspection.
(d)If the Department chooses to inspect the
				project, upon completion of the inspection the Department will notify the
				municipality in writing that work associated with the municipal local aid grant
				is acceptable or that corrective action must be taken. Concurrently, the
				Department will request a final payment voucher and accompanying documentation
				as set forth in (f) below, within six months of the notification. Corrective
				action shall be completed prior to final payment voucher submission or be
				subject to non-participation by the State.
(e)If the Department chooses not to inspect
				the project it will request a final payment voucher and accompanying
				documentation as set forth in (f) below within six months of notification.
(f)The municipality shall submit
				the following items to process the final payment voucher:
1.A certification by the municipal engineer
				that the work funded by the municipal local aid grant has been completed in a
				satisfactory manner and in conformance with the municipal local aid agreement;
2.A certification by the municipal
				chief financial officer that all expenditures associated with the municipal
				local aid agreement are supported by valid documentation and conform to the
				municipal local aid agreement; and
3.Material certifications and test results to
				ensure conformance with the construction specifications as may be required.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20B - MUNICIPAL LOCAL AID › Subchapter 7 - RECORDKEEPING AND AUDIT › Section 16:20B-7.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Municipalities shall maintain complete documentation of projects for a period
				of three years after final reimbursement or notification by the Department of
				municipal local aid agreement closure.
(b)The municipality shall comply with the
				State of New Jersey Single Audit Policy defined by the Department of Treasury,
				Office of Management and Budget (OMB Circular 04-04 or as superseded) and the
				Single Audit Act of 1984 as amended (Federal OMB Circular A133). These
				circulars are available in electronic format on the New jersey Department of
				Treasury, Office of Management and Budget website at
http://www.state.nj.us/infobank/circular/cir0404b.htm
and at the Federal government website at www.whitehouse.gov/OMB.
(c)A Single Audit of the municipality shall
				be performed annually by an independent auditor or public accountant who meets
				the independence standards specified in generally accepted government auditing
				standards in conformity with the State Audit Policy.
(d)Audit costs incurred by the municipality
				to comply with the subchapter shall not be reimbursable.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter provides the standards and procedures for the
				  location, design, and methods of installing, maintaining, and relocating
				  utilities within State highway right-of-way. This chapter is intended to
				  preserve the integrity and visual quality of the highway; its maintenance and
				  efficiency; to ensure the present and future safety of highway traffic; to
				  promote cooperation among multiple users of the Department's right-of-way; and
				  to ensure that for all utility installations, regardless of the method used,
				  proper controls, compliance with specifications and use of trained personnel
				  shall be used to achieve safe and dependable utility installations.
				  Requirements of this chapter will not be applied retroactively to existing
				  utility facilities until they are adjusted, replaced, or
				  relocated.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All utility facilities approved under
				highway occupancy permits, pursuant to N.J.A.C. 16:41 or by utility agreements
				issued pursuant to this chapter, are subject to the requirements of this
				chapter. Public utilities and cable television companies subject to this
				chapter are owners of underground, surface, or overhead facilities, either
				singularly or in combinations. The utilities include, but are not limited to,
				electric, telephone, sewer, water, gas facilities, and cable services. Requests
				for permits or agreements by private utilities will be treated as special cases
				pursuant to
				16:25-5.1.
(b) Where laws or orders of public
				authorities, industry, government codes, or highway authorities prescribe a
				higher degree of protection than provided by this chapter, then the higher
				degree of protection shall prevail.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.3 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Utility design and construction are
				subject to minimum safety standards and construction requirements prescribed by
				national or industry standard codes.
(b) In the absence of applicable national,
				State, or local regulatory agency standard codes, the industry standard code
				shall apply.
(c) The minimum
				applicable standards set forth in the Department's Design Standards shall apply
				in all instances where any such applicable highway specifications are more
				restrictive or require greater safety factors or higher standards of
				construction, materials, or workmanship than the applicable national or
				industry standard code. The Design Standards, which are incorporated herein by
				reference, as amended and supplemented, are as follows:
1. The New Jersey Department of
				Transportation Roadway Design Manual, 2015 edition, available from the
				Department's Engineering Documents Unit at (609) 963-1465 or on the
				Department's website at:
www.nj.gov/transportation/eng/documents/RDM/
;
2. The New Jersey Department of
				Transportation Bridges and Structures Design Manual, 6<th> edition,
				available from the Department's Engineering Documents Unit at (609) 963-1465 or
				on the Department's website at:
www.nj.gov/transportation/eng/documents/BSDM/
;
3. The New Jersey Department of
				Transportation Standard Specifications for Road and Bridge Construction, 2019
				edition, available from the Department's Engineering Documents Unit at (609)
				963-1465 or on the Department's website at:
www.nj.gov/transportation/eng/
;
4. The New Jersey Department of
				Transportation Sample Plans, 2016, available from the Department's Engineering
				Documents Unit at (609) 963-1465 or on the Department's website at:
www.nj.gov/transportation/eng/
;
5. The New Jersey Department of
				Transportation Standard Roadway Construction/Traffic Control/Bridge
				Construction Details, 2016, available from the Department's Engineering
				Documents Unit at (609) 963-1465 or on the Department's website at:
www.nj.gov/transportation/eng/
;
6. The New Jersey Department of
				Transportation Standard Electrical Details, 2007 edition, available from the
				Department's Engineering Documents Unit at (609) 963-1465 or on the
				Department's website at:
www.nj.gov/transportation/eng/elec/
;
				and
7. The New Jersey Department of
				Transportation's Soil Erosion and Sediment Control Standards, 2008 edition, as
				required under the Soil Erosion and Sediment Control Act,
				N.J.S.A.
				4:24-39 et seq., available from the
				Department's Engineering Documents Unit at (609) 963-1465 or on the
				Department's website at
www.nj.gov/transportation/eng/documents/SESC/
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.4 - Contact information

Current through Register Vol. 56, No. 14, July 15, 2024
All submissions shall be sent to the following address as
				  required:
Office of Utility Management
New Jersey Department of Transportation
PO Box 600
E&O Bldg.
Trenton, NJ 08625
(609) 963-1821
or
Operations Permit Office
New Jersey Department of Transportation
PO Box 600
E&O Bldg.
Trenton, NJ 08625
(609) 963-1487
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.5 - Standards and references

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Utility
				facility design and construction are normally subject to minimum safety
				standards and construction requirements prescribed by the respective National
				or Industry Standard Codes. Reference in these rules to such Codes are to the
				current or amended issue of the respective Code, and may vary from time to time
				as such Codes are amended, revised, or superseded by later rules or
				regulations.
(b) In the absence of
				applicable National, State or Local Regulatory Agency Standard Codes (such as
				the National Electrical Safety Code (NESC) of the National Bureau of Standards
				and the New Jersey Department of Health and Senior Services code in their
				respective industries), the Industry Standard Code shall apply to all utility
				type facilities located on, over, under, or across highway right-of-way, except
				that the minimum applicable standards as set out in the Department's "Standard
				Specifications for Road and Bridge Construction," 2001, as amended or
				superseded; the Department's "Standard Roadway Construction/Traffic
				Control/Bridge Construction Details," 2001, as amended or superseded; the
				current Department's Design Manual--Roadway; the American Association of State
				Highway and Transportation Officials' Guide for Accommodating Utilities within
				Highway Right-of-Way n1; the Federal Highway Administration's Manual on Uniform
				Traffic Control Devices for Streets and Highways, 2000, as amended or
				superseded; and currently applicable Federal Highway Administration
				Regulations, shall apply in all instances where any such applicable highway
				specifications are more restrictive or require greater safety factors or
				require higher standards of construction, materials, or workmanship than the
				applicable National or Industry Standard Code.
n1 Guide for Accommodating Utilities within Highway
				  Right-of-Way. American Association of State Highway and Transportation
				  Officials, 444 N. Capitol Street N.W., Suite 225, Washington, DC 20001,
				  1994.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.6 - Authority of utilities to use and occupy land service highways

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rights that
				public utilities have in highways are established by N.J.S.A. 48 and N.J.S.A.
				40. Where usage is permitted, the statutes typically provide that the public
				utility involved "may use the public highways, streets and alleys," subject to
				the consents for approvals as the statute may require. Included in this
				category are:
1. Electric companies-N.J.S.A.
				48:7-1.2;
2. Telephone
				companies-48:17-8, 10;
3. Telegraph poles-48:17-16;
4. Sewer lines-48:13-10, 11;
5. Water lines-48:19-17;
6. Gas lines-48:9-17, 25.4.
7. Electric poles-40:62-35;
8. Water lines--40:62-134 and 40:178-40;
				and
9. Cable
				Television--48:5A-1 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 1 - PURPOSE, SCOPE, STANDARDS, AND CONTACT INFORMATION › Section 16:25-1.7 - Authority of utilities to use and occupy limited access highways

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any usage of
				limited access highway right-of-way is subject to the discretion of the
				Department.
(b) The Department has
				excluded utilities from use and longitudinal occupancy of limited access
				highway right-of-way. Public utilities as defined by
				48:2-13 will be considered by the
				Department for permission to longitudinally occupy limited access highway
				right-of-way when it can be demonstrated to the satisfaction of the Department
				that extreme cases of need exist, that it can be shown to be in the best public
				interest and that the safety criteria enumerated in (b)2 below can be met.
1. The Department will take the following
				under consideration when evaluating claims of extreme cases of need:
i. A public utility can demonstrate that
				alternate locations are not available or cannot be implemented at reasonable
				cost, as determined by the Department, in consultation with the Federal Highway
				Administration (FHWA), from the standpoint of providing efficient public
				utility services in a manner conducive to safety, durability, and economy of
				maintenance and operations;
ii.
				That the accommodation will not adversely affect the design, construction,
				operation, maintenance, or stability of the limited access highways;
iii. That it will not interfere with or
				impair the present use or future expansion of the limited access highways;
				and
iv. That disapproval of the use
				of the right-of-way would result in the loss of productive agricultural land,
				or loss of productivity of agricultural land, if any.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 2 - DEFINITIONS › Section 16:25-2.2 - Design of utility facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The utility
				shall be responsible for the design of the utility facility to be installed
				within the highway right-of-way or attached to a highway structure.
(b) The Department will be responsible for
				review and approval of the utility's proposal with respect to the location of
				the utility facilities to be installed and the manner of attachment. This
				includes the measures to be taken to preserve the safe and free flow of
				traffic, structural integrity of the roadway, appearance of the highway, and
				the integrity of the utility facility, and whether the utility facilities will
				interfere with planned highway facilities or with highway maintenance and
				operation processes.
(c) Utility
				installations on, over, or under highway right-of-way and utility attachments
				to highway structures must meet the following minimum requirements:
1. Electric power and communication
				facilities shall conform with the currently applicable National Electrical
				Safety Code n1.
n1 National Electrical Safety Code (NESC), current issue,
				  Bureau of Standards, U.S., Department of Commerce. (For sale by the
				  Superintendent of Documents, U.S. Government Printing Office, Washington, DC
				  20402).
2. Water lines
				shall conform with the currently applicable specifications of the American
				Water Works Association n2.
n2 American Water Works Association Standards and
				  Specifications, current issue, AWWA, 2 Park Avenue, New York, NY 10016.
3. Pressure pipelines shall
				conform with the currently applicable sections of the Standard Code of Pressure
				Piping of the American National Standards Institute n3; 49 C.F.R. Parts 192,
				193, and 195; applicable industry codes; and Title 14 of the New Jersey
				Administrative Code.
n3 ANSI Standard Code for Pressure Piping of the American
				  National Standards Institute, 1430 Broadway, New York, NY 10018.
4. Liquid petroleum pipelines
				shall conform with the currently applicable recommended practice of the
				American Petroleum Institute for pipeline crossings under railroads and
				highways n4.
n4 API RP 1102. Recommended Practice for Liquid Petroleum
				  Pipelines Crossing Railroads and Highways, current issue, American Petroleum
				  Institute, 1271 Avenue of the Americans, New York, NY 10020.
5. Fiber-optic communication facilities
				installation standards shall conform with the currently applicable sections of
				the Standard Codes of the American National Standard Institute (ANSI)-E1A472-B,
				472B-XXO, incorporated herein by reference n5 and the National Electrical
				Safety Code n1.
n5 ANSI Standard Code for Fiber-Optic Facilities EIA472-B,
				  472B-XXO of the American National Standards Institute, 1430 Broadway, New York,
				  NY 10018.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 2 - DEFINITIONS › Section 16:25-2.3 - Waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No waivers or
				other relief from design standards or other provisions of this chapter 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 this chapter.
(b) If an applicant wishes to seek a waiver,
				a request must be submitted to the Department. The request for waiver shall
				state reasons why a waiver is appropriate and include documentation to support
				the waiver. The waiver may also need to be approved by the Federal Highway
				Administration if the highway was designed, constructed, or improved with
				Federal funds.
(c) If a waiver is
				granted, the approval will be incorporated in the conditions of the permit or
				agreement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 25 - UTILITY ACCOMMODATION › Subchapter 3 - HIGHWAY OCCUPANCY PERMITS › Section 16:25-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				construction, major maintenance, or relocation work by utilities and cable
				television companies on right-of-way or property under the jurisdiction of the
				Department requires either a highway occupancy permit pursuant to N.J.A.C.
				16:41 or a utility agreement, as described at
				16:25-4.1, entered into with the
				Department for adjustments and relocations required for highway
				projects.
(b) All other permits
				obtained by the utility or cable television company for utility facility
				installation and related work, whether from the Department or other parties
				shall be supplied to the Department prior to issuance of any agreement or
				highway occupancy permit.
(c) Costs
				incurred by the Department for inspection of the installation and repair, or
				relocation of the facilities owned by a public utility or cable television
				company during construction, not resulting from a Department-administered
				project, shall be reimbursed to the Department by the public utility or cable
				television company. Department costs, as estimated by the Department, shall be
				remitted to the Department by the public utility or cable television company in
				accordance with any agreement or permit. Final costs, even if the costs exceed
				the estimate, shall be remitted to the Department within 30 days of invoicing
				for same.
(d) A public utility or
				cable television company that is granted a highway occupancy permit for
				occupation of State right-of-way shall not sell, lease, or otherwise transfer
				any rights of the permit to another public utility, cable television company,
				or anyone else, unless such a transfer is approved by the Department.
(e) Public utilities and cable television
				companies shall be prohibited from spraying, cutting, or trimming of trees
				without an agreement or permit issued by the Department pursuant to N.J.A.C.
				16:41. Emergency removal of trees or tree branches that have fallen on a
				utility facility or equipment resulting in a safety risk to the public shall
				follow provisions of
				16:41-6.1(d).
(f) In accordance with N.J.A.C. 16:41,
				removal of trees or shrubbery acting as a buffer for the adjacent property is
				not permitted without the Department's approval. However, if removal of
				vegetation is necessary, replacement trees and shrubs shall be provided by the
				utility as required by the Department.