N.J. Admin. Code § 16:47-11.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:47-11.3 - Modification of driveways

(a) When a driveway is modified, existing or grandfathered permits will be revised to reflect the modified access and an administrative permit will be issued.

(b) The Department will provide written notice of a proposed modification of a driveway and provide a plan showing the modification to the lot or site owner and any access easement holder, with a courtesy copy to all known lessees. If entry onto the lot or site is needed to construct the proposed modification, the Department will offer a lease agreement to the lot or site owner prior to beginning construction.

(c) If a lot or site owner has received notice of the proposed modification of access and initiates the sale of the lot or site before the alternative access is constructed, the lot or site seller shall provide the lot or site purchaser with a copy of the notice of the proposed modification of a driveway. The Department will not be responsible for providing notice to a lot or site purchaser.

(d) The lot or site owner and any access easement holder shall respond to the Department, in writing, within 45 days of receipt of the notice of the proposed modification of a driveway, advising the Department of either the acceptance of the proposed modification of a driveway or the intention to appeal the proposed modification of a driveway and the basis for that appeal. Lessees do not have the right to appeal a modification of a driveway and should advise the lot or site owner of any issues with the proposed modification of a driveway. The lot or site owner's or any access easement holder's failure to timely respond shall constitute a waiver of all appeal rights and the Department's proposed modification of access will become the final agency decision.

(e) Upon receipt of a timely notice of intention to appeal a proposed modification of a driveway, the manager overseeing the access design unit will schedule a meeting with the lot or site owner or any access easement holder to resolve the issues identified as the basis for the appeal. The manager of the unit will issue a written decision within 45 days of the meeting. The decision may be appealed to the Director, in writing, within 45 days of its receipt. That appeal must set forth the reasons for not accepting the Department's decision.

(f) The Director will schedule a hearing within 14 days of receipt of the lot or site owner's or any access easement holder's appeal, and may designate a hearing officer. At the hearing, the lot or site owner or any access easement holder may present evidence supporting objections to the proposed modification of a driveway. The hearing will be formal, with all testimony regarding the appeal documented by a court reporter. The Director will close the record when all relevant information requests made at the hearing have been submitted.

(g) The Director will provide the written final agency decision to the lot or site owner or any access easement holder within 45 days of the closing of the record or remand the matter for further consideration by the access design unit. In reaching the final agency decision, the Director will consider the evidence presented at the hearing and the provisions of the State Highway Access Management Act and this chapter.

N.J. Admin. Code § 16:47-11.3

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