N.J. Admin. Code § 16:47-4.4

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

Section 16:47-4.4 - Type of permit and review determination

(a) The Department shall determine the types of applications required. Single-family residential permits, residence and business combined permits, and government driveway permits shall be classified based on the definitions in 16:47-1.1. The Department shall be guided by Appendix E and Appendix E1, Access Application Thresholds, incorporated herein by reference, in determining the other types of applications and in determining which Department units will review an application.

1. Any use generating less than 500 vehicle trips per day directly accessing a State highway to and from the lot requires a minor application.

2. Any use generating 500 or more vehicle trips directly accessing a State highway per day and less than 200 peak-hour vehicle trips to and from the lot requires a major application.

3. Any use generating 500 or more vehicle trips per day and 200 or more peak-hour vehicle trips directly accessing a State highway to and from the lot requires a major application with a planning review.

(b) The trip generation derived from the Institute of Transportation Engineers publication entitled "Trip Generation 6th Edition," 1997 or superseding edition or any superseding trip generation rates used by the Department shall be the basis for determining the type of application, traffic analyses for potential traffic signals, and traffic impacts. If the lot is to be served by alternative access as well as direct access to a State highway, the applicant is encouraged to discuss the distribution of vehicles between the direct access and alternative access with the Regional Maintenance Office or the Bureau of Major Access Permits.

(c) If the applicant either fails to specify a land use or specifies "flexspace," the Department will review the application based on a worst-case traffic scenario.

(d) No deductions shall be allowed for passby or internal trips when determining the type of permit.

(e) Peak hour trips from traffic generation rates for applications and permits shall be the highest average rates of the A.M., P.M., and weekend peak hours found in the Institute of Transportation Engineers publication entitled "Trip Generation, 6th Edition," 1997 or superseding edition, or superseding rates adopted by the Department. Daily traffic volumes shall be the highest average rates of the weekday and weekend rates found in the same source. For land uses not listed in these sources or when an applicant believes these rates are not representative, the Department may accept alternative evidence of representative rates. The Department will not accept a series of daily, weekly, or monthly traffic counts as a basis for establishing a long-term average rate.

(f) An application for the removal of an existing driveway shall be classified as a minor permit application and minor fees shall apply to the application and permit, provided that no other construction is proposed within State highway right-of-way, the lot is not being subdivided or consolidated with any other lot and there is no significant increase in traffic. The permissible trip generation shown on the new permit shall be the same as that for the existing permit. The new permit shall be of the same type, minor, major or major with planning review, as the existing permit and the application for removal of an existing driveway shall be submitted to the same office that issues the existing type of permit.

(g) An application for the construction of emergency access shall be classified as a minor permit application and minor fees shall apply to the application and permit, provided that no other construction is proposed within State highway right-of-way, the lot is not being subdivided or consolidated with any other lot and there is no significant increase in traffic. The permissible trip generation shown on the new permit shall be the same as that for the existing permit. The new permit shall be of the same type, minor, major or major with planning review, as the existing permit and the application for the construction of an emergency driveway shall be submitted to the same office that issues the existing type of permit.

N.J. Admin. Code § 16:47-4.4