New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 3 - DESIGNATION OF LIMITED ACCESS › Section 16:47-3.12 - General restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will not assume any cost involved in the installation of drainage facilities
				required as part of an access permit.
(b) No part of highway right-of-way shall be
				used for any private purpose or uses associated with private purposes. The
				sidewalk area shall be kept clear of buildings, sales exhibits, signs, parking
				areas, service equipment, and appurtenances.
(c) Trimming or removal of trees or shrubbery
				within highway right-of-way is not authorized, except as indicated in
				16:47-3.1 5(b).
(d) No advertising signs or devices shall be
				erected on or overhanging State highway right-of-way, nor shall any portion
				thereof be used for the display of merchandise. The Department can only
				authorize the erection and maintenance of signs on public property that are
				regulatory, directional, and warning signs allowed by State laws or authorized
				by the Department in conjunction with alternative access as set forth in
				16:47-4.3(n)5.
(e) No person shall place, maintain, or
				display upon or in view of any highway, any unauthorized traffic sign, device,
				or other contrivance which purports to be or is an imitation of, or of such a
				nature as to be mistaken for, an official traffic sign or which attempts to
				direct the movement of traffic or which hides from view or interferes with the
				effectiveness of any official sign and no person shall place or maintain, nor
				shall any public authority permit upon any highway, any traffic sign, or any
				traffic signal bearing thereon or on its support, any commercial
				advertising.
(f) The permittee
				shall properly safeguard all work performed under the permit and maintain
				sufficient warning lights, Department approved signs, and safety devices for
				the protection of the traveling public until the work has been
				completed.
(g) New access points,
				if approved by the Department through the permit process, shall be constructed
				by the lot owner at the lot owner's expense. If there is a concurrent highway
				improvement project, the Department may provide for construction of the
				approved access points, at the lot owner's expense.
(h) All work authorized by a permit and
				performed by a lot owner shall be so conducted that there shall be no
				interference with any Department structure or facility, on, over, or under the
				highway, unless permitted by the Department, and shall not interfere with any
				concurrent work being done as part of a highway improvement project.
(i) Unless curb or curb returns are
				installed, the Department will not approve construction of driveways closer
				than five feet (1.5 meters) to inlets or catch basins.
(j) Where a lot adjacent to the highway is to
				be filled to the highway grade, the permittee may be required to make
				provision, at his own expense, for disposition of highway drainage by
				installing pipes of adequate size and material, inlets, catch basins, manholes,
				headwalls, and ditches as may be necessary to protect the State's drainage
				rights. Interference with drainage installations must be avoided. The existing
				cross-section and drainage of highways shall not be disturbed. The longitudinal
				flow of water along the curbline shall not be interrupted, and it shall be the
				responsibility of the permittee to make adequate provision for all transverse,
				lateral, and longitudinal drainage affecting his construction.
(k) No openings shall be permitted in newly
				constructed or resurfaced highways for a period of five years, without the
				consent of the Commissioner. This restriction does not apply to the
				construction of access points.
(l)
				The Department will not authorize construction work within the limits of its
				right-of-way which will adversely affect the stability, appearance, or designed
				function of the highway itself, or any of its component or auxiliary
				structures.
(m) All lighting,
				sprinklers, heaters, landscape ties, and other equipment for roadside
				establishments must be located off highway right-of-way. The Department shall
				not be responsible for maintenance or replacement of any such appurtenances
				within its right-of-way, whether authorized by permit or not.
(n) The Department will not approve any
				access plan that routes site traffic to or through another lot unless the
				applicant provides adequate documentation of permission from the other lot
				owner.