N.J. Admin. Code § 16:47-11.4

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

Section 16:47-11.4 - Removal of driveways

(a) For removal of all ingress to a lot or site from a State highway or all egress from a lot or site to a State highway, the existing permit or grandfathered permit will be revised to reflect the removal of ingress or egress and the attached plan will show any non-State highway access. An administrative permit will be issued.

(b) After removal of all State highway access and establishment of the alternative access, the existing or grandfathered permit will be revoked. An administrative permit will be issued reflecting the non- State highway access and indicating that no access will be allowed on the State highway.

(c) Prior to removal of all ingress to a lot or site from a State highway, all egress from a lot or site to a State highway, or both, the Department will determine that the lot or site will have reasonable access to the general system of streets and State highways. In addition, the following conditions must be met for alternative access:

1. For a lot or site zoned for commercial purposes, the lot or site has the use of a driveway onto a street, easement, or service road, which is of sufficient design to support commercial traffic to the business or use established on the site and is so situated that motorists will have a convenient, direct, and well-marked means of both reaching the business or use and returning to the State highway. Commercial purposes include, but are not limited to, wholesale facilities, retail facilities, service establishments, office buildings, research buildings, and residential parcels of at least 25 acres and at least four residential units per acre;

2. For a lot or site zoned for industrial purposes, access onto any street, access road, or easement across an industrial access road, which is of sufficient design to support necessary truck and employee access as required by the industry;

3. For a lot or site zoned for residential or agricultural purposes (except as provided in (c)1 above), access onto any street; or

4. If a lot or site that is used for a purpose other than that for which it is zoned, the existing use shall be used to determine which of the additional conditions in (c)1 through 3 above must be satisfied.

(d) In making the determinations required in (c) above, the Department will evaluate the lot or site under the conditions that exist as of the date of the notice provided pursuant to (h) below.

(e) For a lot or site used for commercial purposes, the Department will erect suitable signs on the State highway and connecting streets, directing motorists to the new driveway and returning them to the State highway. For a lot or site used for industrial purposes, the Department, at its discretion, may erect such signs as it deems appropriate.

(f) When the Department provides signage, it will use generic messages on signs typically no more than eight square feet, consistent with the current Manual on Uniform Traffic Control Devices for Streets and Highways. The signage will be placed in locations designated by the Department and will be maintained for a period of one year after the opening of the alternative access, after which time the Department may remove the signs.

(g) The Department will design and construct any improvements to a municipal or county roadway required for alternative access in accordance with respective municipal and county standards. The Department will not maintain the municipal or county roadway.

(h) The Department will send a copy of the plan depicting the alternative access and signage to the municipal clerk and the planning board secretary of the municipality in which the lot or site is located. If the alternative access is to a county roadway, the Department will also send a copy of the plan to the county clerk and county planning board.

(i) The Department will provide to the lot or site owner and any access easement holder, with a courtesy copy to all known lessees:

1. A written notice of the Department's intention to revise or revoke an access permit as the result of removal of State highway access;

2. A plan depicting the alternative access and signage, as described in (f) above, and any improvements the Department intends to make to provide the alternative access; and

3. Written notice of the lot or site owner and any access easement holder's right to a meeting with the Department to resolve any issues regarding the revision or revocation of an access permit. Lessees do not have the right to meet with the Department to resolve issues regarding the revision or revocation of an access permit, and should advise the lot or site owner of any issues with the proposed revision or revocation of an access permit as the result of removal of State highway access.

(j) 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, advising the Department of either acceptance of the proposed revision or revocation of an access permit, or intention to appeal the proposed revision or revocation of an access permit and the basis for that appeal. The lot or site owner or any access easement holder's failure to timely respond shall be deemed a waiver of all appeal rights.

(k) Upon receipt of a timely appeal and a request for a meeting, 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 will issue a decision in writing within 45 days of the meeting. The Department will advise the lot or site owner or any access easement holder of the right to a hearing in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Any such request for a hearing shall include the basis for that request and shall be made to the Department within 45 days of receipt of the decision. The lot or site owner or any access easement holder's failure to timely respond to the notice within 45 days shall be deemed a waiver of all appeal rights. If an appeal is timely filed, the Department will request that a hearing be scheduled with the Office of Administrative Law, and will so notify the lot or site owner or any access easement holder. Any such hearing shall not occur less than 90 days after the date of receipt or refusal of notification in (i)1 above.

(l) If a lot or site owner receives a notice of proposed driveway removal and initiates the sale of the lot or site or leases to a new tenant before the Department completes the driveway removal, the lot or site owner shall provide the lot or site purchaser or new tenant with a copy of the notice of the proposed driveway removal. The Department will not be responsible for providing notice to a lot or site purchaser or new tenant.

N.J. Admin. Code § 16:47-11.4

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