New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 5 - LICENSES, PERMITS, AND WAIVERS › Section 19:9-5.3 - License to cross fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fees
				  contained in this section shall apply to all licenses to cross. The Authority
				  reserves the right to waive or reduce the fees in this section. The Executive
				  Director or his or her designee, upon written request for waiver or reduction
				  of these fees, may waive or reduce the fees upon his or her determination that
				  such waiver or reduction is warranted based on the nature and scope of the
				  project and the justification for waiver or reduction presented in the written
				  request. The determination of the Authority regarding waiver and/or reduction
				  of fees shall be in the sole discretion of the Authority and shall not be
				  subject to appeal. All fees that are required to be submitted in connection
				  with licenses to cross shall be by cashier's check or executed money order made
				  payable to "The New Jersey Turnpike Authority" and sent to the address
				  specified in
				  N.J.A.C.
				  19:9-5.2(b)  with a
				  reference to the license to cross.
(b) Application Fee. A minimum application
				  fee of $900.00 shall be submitted along with the completed license application
				  and associated documents. Such fee shall be non-refundable, whether the
				  Authority's final decision is to issue or deny the required license. The
				  application fee shall be renewed, and another $900.00 application fee shall be
				  paid, if there is a six-month period of application inactivity caused by the
				  applicant. A period of inactivity shall be defined as the time lapsed between
				  written correspondence regarding the application.
(c) License fee. Upon approval of the license
				  to cross, the Authority shall determine an appropriate license fee, which
				  determination may include, but not be limited to, the size of the license area
				  and the fair market value of the property to be licensed. Such fee shall be a
				  one-time, non-refundable fee and shall be submitted by the applicant within 30
				  calendar days of receipt of notice by the Authority that the license
				  application has been approved. If such license fee is not timely submitted, the
				  license to cross shall terminate and be null and void.
(d) Construction inspection fee. The
				  applicant shall submit a detailed schedule showing the sequence of different
				  construction activities proposed with a breakdown of the number of days of work
				  required per activity. Based on a review of the schedule, the Authority shall
				  determine the construction inspection fee, based on its estimated cost of
				  construction inspection. If there are insufficient funds in the escrow account
				  to cover the construction inspection costs, the applicant shall remit
				  additional funds for the construction inspection fee to the Authority before
				  the commencement of any construction activities. The Authority shall deposit
				  the funds into the escrow account. If the applicant does not go forward with
				  the construction after the submittal of additional funds to cover the
				  construction inspection fee, the Authority shall refund to the applicant the
				  inspection fee less a $50.00 charge for processing the refund. If, during the
				  course of construction work, the Authority deems that the actual cost of
				  inspection will surpass the construction inspection fee initially charged, the
				  licensee shall remit to the Authority the additional monies for deposit in the
				  escrow account. The licensee shall submit the additional funds within 15
				  calendar days of receipt of notice to supplement escrow from the Authority. The
				  principal amount of escrow remaining in the escrow account at the conclusion of
				  all construction activities and after receipt by the Authority of as-built
				  drawings shall be refunded to the licensee.
(e) Traffic protection fees. The licensee
				  shall reimburse the Authority for all traffic protection costs actually
				  incurred. The Authority shall provide to the licensee a list of anticipated
				  closings, slowdowns, escorts, and supplemental patrols required for the
				  project, and an estimated amount of the associated costs. The licensee shall
				  provide a check in the amount of the total anticipated traffic protection cost,
				  and the Authority will deposit the funds into the escrow account. If all of the
				  funds are expended before the end of the project, or if it is anticipated that
				  additional funds will be necessary before the funds are expended, the licensee
				  shall provide additional funds based upon an updated list of anticipated
				  closings, slowdowns, escorts, and supplemental patrols to cover the anticipated
				  traffic protection costs until the end of the project. The licensee shall remit
				  the additional funds within 15 calendar days of receipt of notice to supplement
				  escrow from the Authority. The principal amount of escrow remaining in the
				  escrow account for traffic protection at the conclusion of the project and
				  after receipt of as-built drawings shall be refunded to the licensee.
(f) The Authority reserves the right to make
				  emergency repairs when, in the sole discretion of the Authority, such repairs
				  are necessary to protect the Roadway or patrons thereon. The costs incurred by
				  the Authority in performing any emergency repairs shall be chargeable to the
				  licensee and shall be deducted from the licensee's escrow account. Any funds
				  deducted by the Authority for emergency repairs shall be replaced by the
				  licensee within 15 days of receipt of a notice from the Authority to supplement
				  the escrow account.
(g) Amendments
				  or addenda to licenses to cross shall be granted, at the discretion of the
				  Authority, in accordance with
				  N.J.A.C.
				  19:9-5.2(c), to parties
				  wishing to enter the Roadway for the purpose of altering or adding to existing
				  facilities for which a license to cross was previously granted. The same fees
				  listed in this section for licenses to cross shall apply to amendments and
				  addenda to licenses to cross.
(h)
				  All licenses to cross will be granted with a completion date to be proposed by
				  the applicant, subject to approval by the Authority. Should the applicant fail
				  to complete the licensed activity by the deadline, he or she must apply in
				  writing for an extension of the deadline. The applicant will be charged a
				  $300.00 non-refundable fee for each request for a deadline extension.