reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 3 - RULEMAKING › Section 16:1A-3.1 - Procedure for filing a rulemaking petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				interested person may petition the Department of Transportation for the
				promulgation, amendment, or repeal of any rule of the Department of
				Transportation. The petition shall be in writing, signed by the petitioner and
				must state clearly and concisely:
1. The full
				name and address of the petitioner;
2. The substance or nature of the rulemaking
				which is requested;
3. The reasons
				for the request;
4. The
				petitioner's interest in the request, including any economic
				interests;
5. The statutory
				authority under which the Department of Transportation may take the requested
				action; and
6. Existing Federal and
				State statutes and rules which the petitioner believes may be pertinent to the
				request.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 3 - RULEMAKING › Section 16:1A-3.2 - Extension of the public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department, in accordance with the New Jersey Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Office of
				Administrative Law Rules for Agency Rulemaking,
				N.J.A.C.
				1:30-5.4, may extend the time for submission
				of public comments on a proposed rulemaking at its discretion without the need
				for a specific request or the demonstration of sufficient public
				interest.
(b) The Department, in
				accordance with the New Jersey Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Office of
				Administrative Law Rules for Agency Rulemaking,
				N.J.A.C.
				1:30-5.4, shall extend the time for
				submission of public comments for an additional 30-day period, if, within 30
				days of the publication of a notice of proposal, sufficient public interest is
				demonstrated in an extension of time to submit comments.
(c) Sufficient public interest is
				demonstrated in an extension of the comment period when 10 or more individuals
				have expressed the need for the extension of the comment period.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 3 - RULEMAKING › Section 16:1A-3.3 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, in accordance with the
				New Jersey Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Office of
				Administrative Law Rules for Agency Rulemaking,
				N.J.A.C.
				1:30-5.5, may conduct a public hearing on a
				proposed rulemaking at its discretion without the need for a specific request
				or the demonstration of sufficient public interest.
(b) The Department, in accordance with New
				Jersey Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Office of
				Administrative Law Rules for Agency Rulemaking,
				N.J.A.C.
				1:30-5.5, shall conduct a public hearing on a
				proposed rulemaking at the request of a Legislative Committee, a State agency,
				or a county, local, or municipal governmental entity, if the request is made to
				the Department within 30 days following publication of the proposed rulemaking,
				or if sufficient public interest is demonstrated.
(c) Sufficient public interest is
				demonstrated with regard to the conducting of a public hearing when 50 or more
				individuals have expressed either the need for a public hearing on the rule
				proposal or disagreement with one or more substantive provisions of the rule
				proposal.
(d) The Department shall
				not consider, in the calculation of the number of comments received under (c)
				above, those comments that relate to specific recommended changes in the rule
				that the Department has agreed to make or does not have the legal authority to
				make.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 3 - RULEMAKING › Section 16:1A-3.4 - Notice of rulemaking proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				Department makes a rulemaking proposal in the New Jersey Register, the
				Department shall distribute a notice of the rulemaking proposal to the news
				media maintaining a press office in the State House Complex.
(b) When the Department makes a rulemaking
				proposal in the New Jersey Register, the notice will also be available on the
				Department's website at
www.state.nj.us/transportation/about/rules/proposals.shtm
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.1 - General information

Current through Register Vol. 56, No. 14, July 15, 2024
General information may be obtained from the Department by
				  telephone or by request in writing to:
New Jersey Department of Transportation
P.O. Box 600
Trenton, NJ 08625-0600
(609) 530-2000
or on the Department's website at:
www.state.nj.us/transportation
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.2 - Record requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Department records shall be accessible
				for on-site inspection by private citizens during the regular business hours of
				the custodian of records or the particular office having custody of the record.
				Every person shall also have the right to purchase copies. Requests for
				records, documents, or software that may be subject to copyrights, licensing,
				or other such restrictions will be denied. A request to inspect Department
				records may be denied by the custodian pursuant to
				N.J.S.A.
				47:1A-1 et seq., and this chapter. If the
				request is denied, the requestor will be notified of the reasons for such
				denial.
(b) All requests for
				on-site inspection of the Department's records, except as set forth in (c)
				through (f) below, shall be made in writing on the State of New Jersey's
				Government Records Request form and hand-delivered, mailed, or transmitted
				electronically to the custodian of records. The records request form may be
				obtained by written request to:
New Jersey Department of Transportation
Custodian of Records
C/O Office of Inspector General
1035 Parkway Avenue
PO Box 600
Trenton, NJ 08625-0600
Phone: 609-530-8045
Fax: 609-530-6694
Or online at
http://www.state.nj.us/transportation/refdata/opra/
or by e-mail to: njdot.opra@dot.nj.gov.
The request form shall include, but is not limited to, the
				  following:
1. The name, address and
				telephone number of the requestor;
2. A description of the government record(s)
				requested;
3. Request for on-site
				inspection;
4. If copies are
				requested, the medium preferred;
5.
				Mode of delivery; and
6. Maximum
				cost for copies, as authorized by the requestor.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.4 - Copying fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of records will be provided
				electronically unless otherwise specified in the request.
(b) Hard copies of records will be made
				available upon full payment of the copying fees, by check or money order made
				payable to "New Jersey Department of Transportation." Ordinary copying fees
				shall be in accordance with
				N.J.S.A.
				47:1A-5. The copying costs for the following
				non-exclusive list of records have been determined by the Department to be
				extraordinary and their copying fees are as follows. The Department may require
				a 50 percent deposit for special service charges related to these types of
				documents.
1. Copies of drawings, maps, and
				plan sheets shall be $ 2.00 per page. Copying costs for color copies of
				drawings, maps, and plan sheets will be based on actual costs;
2. There is no risk of damage, mutilation or
				loss of the records;
3. The copying
				of such records would not be incompatible with the economic and efficient
				operation of the office; and
4.
				Copying fees for traffic control device records shall be in accordance with
				N.J.A.C.
				16:27-5.1(b) and
				(c).
5. The process for the distribution of
				Standard Specifications related to road and bridge construction shall be in
				accordance with
				N.J.A.C.
				16:44-4.1(b).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.5 - Traffic control signal records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests
				for current traffic control signal records, other than date-specific signal
				records, shall be submitted in writing and mailed to:
Bureau of Traffic Engineering
New Jersey Department of Transportation
PO Box 600
Trenton, NJ 08625-0600
(b) All requests for date-specific traffic
				control signal records shall be submitted in writing and mailed to:
Bureau of Roadway Maintenance Engineering and
				  Operations
New Jersey Department of Transportation
PO Box 607
Trenton, NJ 08625-0607
(c) Requests shall be accompanied by the
				following fees:
1. Current timing - $
				10.00;
2. Current plan - $ 15.00;
				and
3. Certification of
				date-specific traffic control signal records - $ 100.00.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.6 - Traffic camera video records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All requests
				for traffic camera video records shall be submitted electronically using the
				Department's Video Log Request Form, which may be obtained at
www.nj.gov/transportation/business/videolog
.
(b) All requests for traffic camera video
				records must be made to and received by the Department within seven calendar
				days of the date of the requested traffic camera video record.
(c) The copying fee for the first three hours
				or less of the requested traffic camera video record is $ 100.00 per camera.
				The copying fee for each additional three hours of the requested video record
				is $ 50.00 per camera. Fees shall be paid by check or money order made payable
				to the "New Jersey Department of Transportation." Within 30 days of
				notification by the Department that the video record is available, the
				requestor must submit the copying fee. After 30 days the video record will not
				be retained.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.7 - Traffic control device records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				requests for specific traffic control device records shall be submitted in
				writing and mailed to:
Bureau of Traffic Engineering
New Jersey Department of Transportation
PO Box 600
Trenton, NJ 08625-0600
(b) All requests for information concerning
				whether a specific traffic control device on a State highway has received the
				approval of the Commissioner shall be submitted in writing to the Bureau,
				accompanied by a payment in the form of a check or money order in the amount of
				$ 25.00 made payable to "New Jersey Department of Transportation."
(c) Requests for information concerning
				whether a specific traffic control device on a non-State highway has received
				approval shall first be directed to the appropriate authority having
				jurisdiction over that road. If the authority is unable to provide the
				requested information, the request may be submitted to the Bureau, accompanied
				by a $ 25.00 fee in the form of a check or money order made payable to "New
				Jersey Department of Transportation," along with a copy of the authority's
				response to the request for the information. The Bureau shall review Department
				records to determine if the requested information is available and advise the
				requester of its findings and provide the requested information if
				available.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 4 - OBTAINING GOVERNMENT RECORDS › Section 16:1A-4.8 - Standard Specifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Standard Specifications are available on the Department's website at:
www.state.nj.us/transportation/eng/specs/2007/Division.shtml
.
(b) All questions should be directed to the
				Department's engineering documents unit at 609-530-5587 or by fax at
				609-530-6626.
(c) Distribution of
				hard copies is as follows:
1. The Department's
				engineering documents unit will distribute hard copies of the Standard
				Specifications without charge, upon request, to the following:
i. New Jersey county engineer's office (one
				copy each);
ii. Chief engineer of
				other state transportation departments (one copy);
iii. American Association of State Highway
				and Transportation Officials (three copies);
iv. Federal Highway Administration (five
				copies); and
v. Each successful
				bidder upon award of the contract (one copy regardless of its number of awarded
				contracts).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 1 - DEFINITIONS › Section 16:1B-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A.
				  § 12101 et seq.
"Agency" means the New Jersey Department of
				  Transportation.
"Designated decision maker" means the Commissioner of
				  Transportation or his or her designee.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 16:1B-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are
				adopted by the agency in satisfaction of the requirements of the ADA and
				regulations promulgated pursuant thereto,
				28
				C.F.R. 35.107.
(b) The purpose of these rules is to
				establish a designated coordinator whose duties shall include assuring that the
				agency complies with and carries out its responsibilities under the ADA. Those
				duties shall also include the investigation of any complaint filed with the
				agency pursuant to N.J.A.C. 16:1B-4.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 3 - DESIGNATED ADA COORDINATOR › Section 16:1B-3.1 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated
				coordinator of ADA compliance and complaint investigation for the agency
				is:
ADA Coordinator
New Jersey Department of Transportation
CN 600
Trenton, New Jersey 08625
(b) All inquiries regarding the agency's
				compliance with the ADA and the availability of accommodation which would allow
				a qualified individual with a disability to receive services or participate in
				a program or activity provided by the agency should be directed to the
				designated coordinator identified in (a) above.
(c) All grievances alleging that the agency
				has failed to comply with or has acted in a way that is prohibited by the ADA
				should be directed to the designated ADA coordinator identified in this
				section, in accordance with the procedures set forth in N.J.A.C. 16:1B-4.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 16:1B-4.1 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply
				  with the ADA or has acted in a way that is prohibited by the ADA shall be
				  submitted either in writing or orally to the designated ADA coordinator
				  identified in
				  16:1B-3.1 within 30 days of the
				  grievant becoming aware of the alleged violation. A grievance alleging
				  employment discrimination will be processed pursuant to the rules of the
				  Department of Personnel,
				  4A:7-1.1 through 3.4, if those
				  rules are applicable.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 16:1B-4.2 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance
				submitted pursuant to this subchapter may be submitted in or on the form set
				forth at 16:1B-4.3.
(b) A grievance submitted pursuant to this
				subchapter shall include the following information:
1. The name of the grievant and/or any
				alternate contact person designated by the grievant to receive communication or
				provide information for the grievant;
2. The address and telephone number of the
				grievant or alternate contact person; and
3. A description of manner in which the ADA
				has not been complied with or has been violated, including times and locations
				of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 16:1B-4.3 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a
				  grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date:
.....................................................................
Name of grievant:
.....................................................................
Address of grievant:
.....................................................................
Telephone number of grievant:
.....................................................................
Name, address and telephone number of alternate contact
				  person:
.....................................................................
.....................................................................
Agency alleged to have denied access:
Department:
.....................................................................
Division:
.....................................................................
Bureau or office:
.....................................................................
Location:
.....................................................................
Incident or barrier:
.....................................................................
Please describe the particular way in which you believe you
				  have been denied the benefits of any service, program or activity or have
				  otherwise been subject to discrimination. Please specify dates, times and
				  places of incidents, and names and/or positions of agency employees involved,
				  if any, as well as names, addresses and telephone numbers of any witnesses to
				  any such incident. Attach additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be
				  had to the benefits described above, or that accommodation could be provided to
				  allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the
				  designated ADA coordinator identified at
				  16:1B-3.1.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1B - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 16:1B-4.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				a grievance submitted pursuant to this subchapter, the designated ADA
				coordinator will notify the grievant of the receipt of the grievance and the
				initiation of an investigation into the matter. The designated ADA coordinator
				will also indicate a date by which it is expected that the investigation will
				be completed, which date shall not be later than 45 days from the date of
				receipt of the grievance unless a later date is agreed to by the
				grievant.
(b) Upon completion of
				the investigation, the designated ADA coordinator shall prepare a report for
				review by the designated decision maker for the agency. The designated decision
				maker shall render a written decision within 45 days of receipt of the
				grievance, if practicable or unless a later date is agreed to by the grievant,
				which decision shall be transmitted to the grievant and/or the alternate
				contact person if so designated by the grievant.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 1 - GENERAL PROVISIONS › Section 16:5-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter govern compensation to owners for
				  any loss of income resulting from the harvesting of standing crops.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 1 - GENERAL PROVISIONS › Section 16:5-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, have
				  the following meanings, unless the context clearly indicates otherwise.
"Condemnation" means the taking of private property for a
				  public purpose under the power of eminent domain as prescribed by the Eminent
				  Domain Act of 1971,
				  20:3-1, and the obtaining of title
				  in fee or a lesser interest through a contract of sale or by the filing of a
				  complaint under eminent domain.
"Department" means the New Jersey Department of
				  Transportation.
"Owner" means the person or entity who holds title of record
				  to the property or easement being condemned.
"Parcel" means the fee or lesser interest for which the
				  Department has made an offer as reflected on a general property parcel map or
				  an entire tract map as prepared by the Department.
"Property" or "real estate" means any interest in real estate
				  including, but not limited to, the underlying fee interest, land, buildings,
				  fixtures, leasehold, riparian rights and easements.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
All provisions of this subchapter were adopted by the
				  Commissioner of Transportation, pursuant to authority delegated at
				  20:3-29.1, which became effective
				  July 17, 1986.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
The Department, in acquiring agricultural or horticultural
				  land which is eligible for valuation, assessment and taxation under the
				  Farmland Assessment Act of 1964,
				  54:4-23.1 et seq., shall
				  compensate the owner for any loss of income resulting from the interference of
				  the acquisition with the harvesting of any standing crops or other agricultural
				  commodities, in an amount determined according to their appropriate time of
				  harvest and for the remainder of their average productive life, separate and
				  apart from compensation for the fair market value of the land.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.3 - Eligibility requirements

Current through Register Vol. 56, No. 14, July 15, 2024
To be considered eligible for compensation, a property must
				  be eligible for valuation, assessment and taxation under the Farmland
				  Assessment Act of 1964. Additionally, the property must be currently planted in
				  crops and the condemnation proceedings must interfere with the harvesting of
				  the crop. The Department, however, within its sole discretion, will allow the
				  harvesting of a current annual crop or the current crop of a biannual or
				  perennial crop, so long as such harvesting does not unreasonably interfere with
				  or delay the construction of a project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.4 - Valuation of standing crop income

Current through Register Vol. 56, No. 14, July 15, 2024
The anticipated annual average income from the standing crop
				  over its remaining average productive life will be developed for the Department
				  by a qualified agricultural expert, as determined by the Department. The
				  specialist will estimate the average remaining productive life of the crop, the
				  average anticipated gross income from the impacted crop and the anticipated
				  expenses related to harvest and sale of the produce. The net anticipated income
				  from the crop over the average remaining productive life of the crop, if not an
				  annual crop, will then be capitalized by the Department into a present value.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.5 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No compensation
				will be made where an annual crop has been harvested by the owner or anyone
				acting under contract with the owner, notwithstanding, that a declaration of
				taking has been filed and recorded.
(b) As to any claim for compensation under
				20:3-29.1 for loss of crop income,
				the owner should file an application with the Division representative assigned
				to handle the negotiations for the parcel. The owner, at the time of
				application, shall provide all pertinent information regarding the claim,
				including photographs where available and a description of the crop.
(c) An inventory shall be taken before the
				Department takes possession of a parcel with standing crops or having
				agricultural commodities. The owner shall be afforded an opportunity to review
				the inventory prior to a value determination.
(d) Where the effect of the acquisition, if
				any, on the ability to harvest is known or can readily be ascertained, a crop
				valuation will be provided within 90 days of a completed application. However,
				where a determination as to crop loss cannot be reasonably made prior to
				execution of an agreement or the commencement of a condemnation proceeding, the
				owner's rights to such compensation, if any, shall be preserved until a
				determination can be made.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.6 - Condemnation

Current through Register Vol. 56, No. 14, July 15, 2024
Offers of compensation tendered under this subchapter will
				  not be considered a part of the valuation of the real property for the purpose
				  of acquisition of the real property.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 2 - AGRICULTURAL OR HORTICULTURAL LAND › Section 16:5-2.7 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
The owner may appeal the Department's determination as to
				  amount of, or eligibility for, payments under this subchapter, in accordance
				  with 16:6-3.3.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 5 - COMPENSATION OF CONDEMNEES FOR INCOME LOSS RESULTING FROM HARVESTING OF STANDING CROPS › Subchapter 3 - ORGANIZATION AND PROCEDURES › Section 16:5-3.1 - Delegation of powers

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Right of Way will be responsible for
				  administering these rules and the attendant State law, on behalf of the
				  Commissioner of Transportation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 16:6-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish rules concerning
				  the State's oversight, through the Department of Transportation, of the
				  standards for relocation services to displaced persons and businesses, in
				  compliance with the provisions of the Uniform Transportation Replacement
				  Housing and Relocation Act,
				  N.J.S.A.
				  27:7-72 et seq., as amended by P.L. 1989, c.
				  50, 42 U.S.C. §§
										4601 et seq., Uniform Relocation Assistance
				  and Real Property Acquisition Policies Act of 1970 (Uniform Act) and 49 CFR
				  Part 24, Uniform Relocation Assistance and Real Property Acquisition for
				  Federal and Federally Assisted Programs.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 16:6-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies to the State of New
				Jersey, the New Jersey Department of Transportation (Department), and any
				public or private entity, including counties, municipalities, authorities, and
				other agencies, utilizing State or Federal funds under a transportation aid
				program administered by the Department, in accordance with
				N.J.S.A.
				27:7-84(d).
(b) The Department of Transportation may
				exercise, on behalf of any county, municipality, or other entity, as the case
				may be, the powers granted to these agencies under P.L. 1989, c. 50
				(N.J.S.A.
				27:7-72 et seq., as amended), and under this
				chapter.
(c) The Division of Right
				of Way and Access Management will be responsible for administering this chapter
				and all applicable Federal and State laws and regulations.
(d) Relocation services are to be provided in
				a fair manner and without discrimination in accordance with applicable Federal
				laws and with the New Jersey Law Against Discrimination (N.J.S.A.
				10:5-12 ).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 1 - GENERAL PROVISIONS › Section 16:6-1.3 - Incorporation by reference

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  N.J.S.A.
				  27:7-72 et seq., the Department adopts and
				  incorporates by reference
				  42
				  U.S.C. §§
										4601 et seq., Uniform
				  Relocation Assistance and Real Property Acquisition Policies Act of 1970
				  (Uniform Act) and 49 CFR Part 24, Uniform Relocation Assistance and Real
				  Property Acquisition for Federal and Federally Assisted Programs. The Federal
				  regulations can be found at
				  http://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=bd45f92844dbea927907062777ae2500&mc=true&tpl=/ecfrbrowse/Title49/49sub
				  [File Link Not Available]
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 2 - DEFINITIONS › Section 16:6-2.1 - 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:
"Agency" means the entity, public or private, including the
				  State of New Jersey, Department of Transportation, counties, municipalities,
				  and other public or private entities, utilizing State or Federal funds under an
				  aid program administered by the State of New Jersey, Department of
				  Transportation.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person as the Commissioner may designate,
				  when legally permissible.
"Displaced person" means any individual, partnership,
				  corporation, or association who moves from real property or removes personal
				  property from real property as a result of an acquisition of part or all of a
				  lot or tract of land or a building thereon.
"Federal Highway Administration" or "FHWA" means the agency
				  in the United States Department of Transportation delegated the responsibility
				  for oversight of relocation benefits for Federal agencies and for State
				  agencies that receive Federal funds for a project.
"Last resort housing" means the provision of additional
				  relocation payments in excess of the Federal relocation maximums for certain
				  residential payment categories. These payments are only made where necessary to
				  assure an appropriate and equitable relocation service. Appropriate written
				  justification must be submitted to the Department.
"Local public agency" or "LPA" means the term used by FHWA to
				  refer to any municipality, county, authority, other departments, or any other
				  sub-recipient of Federal aid from the FHWA through the Department of
				  Transportation.
"Workable Relocation Assistance Plan" or "WRAP" means a plan
				  that identifies the relocation needs for persons or other entities being
				  displaced and the proposed relocation services required to address those needs
				  for a specific project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 3 - ADMINISTRATION OF RELOCATION ASSISTANCE › Section 16:6-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information relating to the Department's
				right-of-way acquisition and relocation policies is located at the following:
http://www.state.nj.us/transportation/eng/#Manuals
.
(b) The administration of
				relocation assistance shall be provided consistent with applicable Federal law
				and regulations, except where State statute provides for a higher relocation
				benefit. Under
				23 CFR
				710.203(b)(2)(ii), FHWA must
				approve additional funds to reimburse a State statutory relocation requirement
				that exceeds Federal limits.
(c)
				FHWA will not reimburse a State regulatory relocation requirement that exceeds
				the Federal relocation limits.
(d)
				If FHWA does not approve reimbursement of the higher State statutory
				requirement, the agency will need to contribute the additional portion from
				agency funds. In addition, where FHWA has set a maximum grant amount, the
				higher State requirement does not automatically increase the grant amount for
				Federal funds.
(e) If amounts above
				the Federal standards are authorized, the overage will require the utilization
				of State funds or LPA funds. Authorization to exceed Federal standards
				including, but not limited to, last resort housing, must be properly documented
				and the payments must be justified as reasonable, necessary, and reflecting a
				public good.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 3 - ADMINISTRATION OF RELOCATION ASSISTANCE › Section 16:6-3.2 - Notices to displaced persons

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  49 CFR 24.203,
				  displaced persons are required to be given notice of minimum time frames before
				  being required to relocate. A longer period can be used by the agency at its
				  discretion. If required by State statute, relocation notices providing a longer
				  period than those prescribed by Federal relocation requirements shall be used
				  in place of the minimum Federal notice periods.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 3 - ADMINISTRATION OF RELOCATION ASSISTANCE › Section 16:6-3.3 - Workable Relocation Assistance Plan (WRAP)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All projects
				shall be reviewed to minimize the adverse impacts of displacement. The agency
				shall prepare a Workable Relocation Assistance Plan (WRAP) indicating the
				proposed relocations (if any) and, when relocations are required, lists the
				persons and/or entities to be relocated, the relocatee needs, and the agency
				plan to address those relocation services required.
(b) Prior to acquiring the property for a
				project, the local public agency shall submit the WRAP to the Division of Right
				of Way and Access Management for its review. The WRAP shall address the
				relocation needs of any persons displaced by the project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 1 - PURPOSE AND SCOPE › Section 16:20A-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter governs disbursements from the Departments
				  County Local Aid Program to counties for the purpose of assisting counties 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 county.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 1 - PURPOSE AND SCOPE › Section 16:20A-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to appropriation, each county
				shall be eligible to receive an annual local aid allotment pursuant to the
				provisions of
				27:1B-1 et seq.
(b) A discretionary fund shall be
				established, subject to appropriated funds, to address emergency and regional
				transportation needs throughout the State. Any county may make application to
				the Department at any time for discretionary funds. Projects need not be
				included in each county Annual Transportation Program (ATP) to be considered
				for discretionary funds. Project approvals are at the discretion of the
				Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 2 - DEFINITIONS › Section 16:20A-2.1 - Eligible costs

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:
"ATP" means the Annual Transportation Program.
"Award" means the notice to a bidding contractor of the
				  countys 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 the 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.
"District office" means an office of the Departments Division
				  of Local Aid and Economic Development that administers the local aid program
				  for specified counties.
"SAGE" means the Departments online grant management system,
				  System for Administering Grants Electronically.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 3 - CONTACT INFORMATION › Section 16:20A-3.1 - Contact information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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
PO Box 600
Trenton NJ 08625-0600
Phone: (609) 963-2021
Fax: (609) 530-8044
Counties covered: all counties
2. District 1, Mt. Arlington
Roxbury Corporate Center
200 Stierli Court
Mount Arlington, NJ 07856
Phone: (973) 601-6700
Fax: (973) 601-6709
Counties covered: Morris, Passaic, Sussex, and
				  Warren
3. District 2, Newark
153 Halsey Street, 5th Floor
Newark, NJ 07102
Phone: (973) 877-1500
Fax: (973) 648-4547
Counties covered: Bergen, Essex, Hudson, and
				  Union
4. District 3, Bureau
				of Local Aid
PO Box 600
Trenton, NJ 08625-0600
Phone: (609) 963-2020
Fax: (732) 625-4292
Counties covered: Hunterdon, Mercer, Middlesex, Monmouth,
				  Ocean, and Somerset
5.
				District 4, Cherry Hill
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, and Salem
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 4 - COUNTY AID › Section 16:20A-4.1 - Eligible costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grant recipient under the local aid
				program shall be permitted to expend up to five percent of its aid allotment
				for design purposes in the fiscal year beginning July 1, 2019, and every fiscal
				year thereafter for that purpose.
(b) The Department will participate in the
				following:
1. 100 percent of the cost of
				eligible construction; 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.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 4 - COUNTY AID › Section 16:20A-4.2 - Annual Transportation Program approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Annually, prior to July 31, each county shall be notified of the amount of
				local aid funds allotted to the county for the current State fiscal year. Any
				unencumbered funds from prior year allotments, not subject to rescission
				pursuant to
				N.J.A.C.
				16:20A-6.4, shall be available in addition to
				the current annual allotment. Balances from prior year allotments must be
				encumbered before a county uses its current annual allotment.
(b) An ATP shall be submitted by each county
				for approval through the Department's online grant management system, SAGE
				found at:
http://www.state.nj.us/transportation/business/localaid/sage.shtm
.
				Each county shall submit an application for funding by December 1st of each
				year.
1. The ATP shall list a pool of
				eligible projects by name and location, including municipality, with a brief
				description of each project, project limits, and an estimate of the
				construction cost. The total cost of the pool of projects may exceed the amount
				of the countys annual allotment of local aid funds.
2. All projects from prior approved ATP(s)
				that have not been awarded may be carried over to the current year ATP. All
				projects approved from prior ATP(s) that remain active shall be listed by the
				county and made part of its current ATP.
3. The ATP shall contain a statement
				describing how the projects in the program are consistent with all applicable
				State and regional planning documents, including, but not limited to, the State
				Development and Redevelopment Plan, the State long-range transportation plan,
				the regional long-range transportation plan of the appropriate metropolitan
				planning organization, and the county master plan.
4. The ATP shall be approved by the
				appropriate county governing body before submission to the Department for final
				approval and shall include a certification that allotted funds shall only be
				spent on eligible costs for projects set forth in the countys approved
				ATP.
5. Upon Department approval,
				the county will be notified through SAGE and an ATP agreement will be provided
				for execution. The ATP agreement will be for 100 percent of the annual
				allotment. Disbursement of funds from the annual allotment will be made on a
				project-by-project basis pursuant to
				16:20A-6.2.
i. All ATP agreements shall contain
				provisions for the indemnification of the State and its employees and
				officials.
6. Additions
				or deletions of projects in the ATP shall be requested in writing by the
				appropriate governing body or the County Engineer, as authorized by the
				governing body, and must be approved by the Department prior to modifying the
				ATP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 20A - COUNTY LOCAL AID › Subchapter 4 - COUNTY AID › Section 16:20A-4.3 - County responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county
				shall be responsible for:
1. Engaging a
				professional engineer licensed in the State of New Jersey to prepare
				construction plans and specifications; and providing 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. Making reasonable
				progress in the attainment and maintenance of National Ambient Air Quality
				Standards consistent with the New Jersey State Implementation Plan;
4. Complying with the provisions of Executive
				Order No. 215 (1989) and obtaining all necessary State and Federal permits and
				approvals; and
5. Complying with
				the Americans with Disabilities Act (ADA),
				42
				U.S.C. §§
											12131 through
				12164.