N.J. Admin. Code § 16:38-3.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 16:38-3.1 - Policies

(a) Maintenance policies are as follows:

1. Maintenance of sidewalks or driveways within the right-of-way limits shall be the responsibility of the owner of the abutting property regardless of the conditions of original construction. In the absence of a conflicting ordinance or jurisdictional agreements, sidewalks within the right-of-way limits will be maintained by the Department under any of the following conditions:

i. The sidewalk is a part of a State highway structure or grade separation;

ii. The sidewalk is not accessible to the owner of the abutting property due to Department control of access (such as right-of-way, noisewalls or chain link fence); or

iii. The Department is the owner of the abutting property.

(b) Replacement policies are as follows:

1. A sidewalk or driveway that is destroyed, substantially damaged or relocated as a direct or indirect result of an operation of the Department will, where necessary, be replaced by the Department to the extent and within the limits of the destruction, substantial damage or regrading or relocation, regardless of ownership. Such replacement will be guaranteed by the Department against defects of workmanship or material, up to a period of two years from completion of installation.

(c) Snow removal policies are as follows:

1. Owners of the property abutting a highway, road, street or thoroughfare under State jurisdiction shall be entirely responsible for the clearing of snow and ice from all abutting sidewalks and abutting driveway cuts, openings or aprons, whether or not they are located on public or private property. No snow or ice clearing costs incurred directly or indirectly by abutting property owners or their tenants, will be reimbursed by the State or any public entity for any reason, including, but not limited to, circumstances where snow or ice has been placed upon such areas as a result of the State or State contractor's snow or ice clearing operations.

N.J. Admin. Code § 16:38-3.1

The following annotations apply to N.J.A.C. 16:38-3.1 prior to its repeal by R.2011 d.138:
Amended by R.2000 d.366, effective 9/5/2000.
See: 32 N.J.R. 2012(a), 32 N.J.R. 3330(b).
In "Stopping or standing," added "; or in the event of medical or mechanical emergency" at the end.
Recodified from N.J.A.C. 16:38-4.1 and amended by R.2006 d.55, effective 2/6/2006.
See: 37 N.J.R. 3269(a), 38 N.J.R. 1078(a).
Rewrote definitions "Highway," "Maintenance operations", "Object", "Owner" and "Stopping or standing"; former N.J.A.C. 16:38-3.1, Utility failures, recodified to N.J.A.C. 16:38-2.2.
The following annotations apply to N.J.A.C. 16:38-3.1 subsequent to its recodification from N.J.A.C. 16:38-1.2 by R.2011 d.138:
Amended by R.1990 d.499, effective 10/15/1990.
See: 22 N.J.R. 2246(a), 22 N.J.R. 3237(b).
Owners of property abutting a State highway responsible for snow removal.
Amended by R.1995 d.546, effective 10/16/1995.
See: 27 N.J.R. 2880(b), 27 N.J.R. 3975(a).
Amended by R.2000 d.366, effective 9/5/2000.
See: 32 N.J.R. 2012(a), 32 N.J.R. 3330(b).
Recodified from N.J.A.C. 16:38-1.1(b) through (d) and amended by R.2006 d.55, effective 2/6/2006.
See: 37 N.J.R. 3269(a), 38 N.J.R. 1078(a).
Rewrote the section. Former N.J.A.C. 16:38-1.2, Trees, recodified as N.J.A.C. 16:38-1.3.
Recodified from N.J.A.C. 16:38-1.2 and amended by R.2011 d.138, effective 5/16/2011.
See: 43 N.J.R. 271(a), 43 N.J.R. 1266(a).
Rewrote the section. Former N.J.A.C. 16:38-3.1, Definitions, repealed.