N.J. Admin. Code § 16:47-11.1

Current through Register Vol. 56, No. 16, August 19, 2024

Section 16:47-11.1 - General provisions

(a) As described at N.J.A.C. 16:47-1.2(d), adjustment, modification, or removal of a driveway may be done in conjunction with State highway projects advanced by the Department or others, or through separate access projects. The Department may adjust, modify, or remove a driveway based upon maximum achievement of the goals and purposes of this chapter, if it determines that compliance with this chapter is not reasonably attainable or would leave the lot or site without reasonable access to the general system of streets and State highways as a result of the project. An adjustment, modification, or removal of access will allow continuation of the existing use on the lot or site.

(b) Alterations of driveways are described as follows:

1. Adjustment of a driveway is:

i. Changing the width of a driveway by five feet or less;

ii. Changing the location of a driveway by 10 feet or less;

iii. Moving a driveway away from the centerline of the highway, such as when the highway is widened; or

iv. Changing the slope of a driveway;

2. Modification of a driveway is:

i. Changing the number of driveways, the width of a driveway by more than five feet, or the location of a driveway by more than 10 feet;

ii. Replacing all ingress to a lot or site from a State highway or all egress from a lot or site to a State highway with ingress or egress via a private easement between a State highway and a different lot or site; or

iii. Eliminating ingress to a lot or site from a State highway, egress from a lot or site to a State highway, or both, while still providing ingress, egress, or both on a different State highway; and

3. Removal of a driveway based on providing non- State highway access is:

i. Removing all ingress to a lot or site from all adjacent State highways, or all egress from a lot or site to all adjacent State highways; or

ii. Removing all ingress from, and all egress to, a State highway.

(c) Adjustment, modification, or removal of a driveway will result in the revision or revocation of the lot or site's existing permit and issuance of an administrative permit. The plan showing the changes will be added to the administrative permit.

(d) A change in highway designation or jurisdiction from a State highway to a local street shall not be considered a removal of all ingress to a lot or site from a State highway, removal of all egress from a lot or site to a State highway, or both, and does not require the revocation of an access permit or any action by the Department. As a permit to the State highway is no longer required, existing permits will become invalid.

(e) As appropriate, the Department will provide all necessary assistance to establish changes in driveways pursuant to this subchapter, which may include, but not be limited to, the costs and expenses associated with:

1. Removal of existing driveways;

2. Construction of alternative access;

3. Engineering design;

4. On-site circulation revisions to accommodate the changes to the driveway;

5. On-site landscaping to replace that which is disturbed by the changes to the driveway;

6. Replacement of directional and identifying signs;

7. Acquisition of lands or rights or interests in lands to accommodate the changes to the driveway;

8. Acquisition of any other right required to accommodate the changes to the driveway; and

9. At the Department's option, establishment of an account to reimburse lot or site owners for their construction of any of the items in (e)1 through 8 above.

(f) During construction staging, reasonable access to the general system of streets and State highways will be maintained for a lot or site until the alternative access is available for use.

N.J. Admin. Code § 16:47-11.1

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018