New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 41 - HIGHWAY OCCUPANCY PERMITS › Subchapter 3 - GENERAL PROVISIONS › Section 16:41-3.1 - General restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No underground
				facility shall be permitted within the highway right-of-way unless the utility
				subscribes to the New Jersey One-Call Damage Prevention System. Pursuant to
				48:2-73 et seq., the One-Call
				Damage Prevention System is a single Statewide notification system that
				receives notice from excavators of intended excavation or demolition
				activities. Those notices are then transmitted to operators of underground
				facilities in the area of proposed excavation or demolition.
(b) The Department shall not assume any cost
				involved in the activities authorized by a highway occupancy permit, unless the
				permittee is under contract to the Department and working on Department
				rights-of-way or property under the jurisdiction of the Department at the
				written request of the Department.
(c) No person shall use any part of State
				highway rights-of-way or property under the jurisdiction of the Department 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, vehicles, and appurtenances.
(d) No person shall erect advertising signs
				or devices on or overhanging State highway rights-of-way or property under the
				jurisdiction of the Department. No person shall use State highway rights-of-way
				or property under the jurisdiction of the Department for the display of
				merchandise. The Department shall not authorize the erection and maintenance on
				public property of signs other than those that regulate, direct, or warn, or as
				otherwise allowed by State law.
(e)
				No person shall place, maintain, or display upon or in view of any State
				highway, any unauthorized traffic sign, device, or other contrivance, that
				purports to be or is an imitation of, or of such a nature as to be mistaken
				for, an official traffic sign, that attempts to direct the movement of traffic,
				or that hides from view or interferes with the effectiveness of any official
				sign. No public authority shall permit any traffic sign, or any traffic signal
				bearing thereon or on its support, any commercial advertising on a State
				highway.
(f) A permittee, in the
				conduct of activity authorized by a permit, shall conduct the activity in a
				manner that does not interfere with any Department structure or facility, on,
				over, or under the State highway, or with any concurrent activity being done as
				part of a highway improvement project, unless the permit authorizes the
				interference.
(g) When a permittee
				is to fill a lot adjacent to the highway to the highway grade, the Department
				may require the permittee to make provision, at the permittee's 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 Department's drainage rights. The permittee shall
				avoid interference with drainage installations and shall not disturb the
				existing cross-section and drainage of highways. The permittee shall not
				interrupt the longitudinal flow of water along the curbline, and shall make
				adequate provision for all transverse, lateral, and longitudinal drainage
				affected by the permittee's construction.
(h) The Department shall not permit openings
				in newly constructed or resurfaced State highways for a period of five years
				after the construction or resurfacing, without the consent of the Commissioner,
				as documented in a waiver pursuant to
				27:7-26 and N.J.A.C.
				16:41-8.
(i) The Department shall
				not authorize activity within the limits of State highway rights-of-way or
				property under the jurisdiction of the Department that would adversely affect
				the stability, appearance, or designed function of the State highway itself or
				of its component or auxiliary structures.
(j) The permittee shall locate all lighting,
				sprinklers, heaters, landscape ties, and other equipment for roadside
				establishments off State highway rights-of-way or property under the
				jurisdiction of the Department. The Department shall not be responsible for
				maintenance or replacement of any such appurtenances within State highway
				rights-of-way or property under the jurisdiction of the Department.