N.J. Admin. Code § 16:41-2.1
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Access permit" means a permit issued pursuant to N.J.A.C. 16:47, as amended and supplemented.
"Application" means a document submitted to the Department to initiate the permit process.
"Applicant" means a private party or entity, municipality, county, or any public agency applying for a permit.
"Banner" means a strip of material without rigid support that is painted or printed with text or graphics.
"Carrier" means a wireless communications company licensed by the Federal Communications Commission to operate in New Jersey.
"Commissioner" means the Commissioner of the New Jersey Department of Transportation or such persons as the Commissioner may designate.
"Complete application" means an application satisfying Department form and content requirements set forth in this chapter, thereby making it acceptable for Department review.
"Day" means calendar day, unless otherwise specified.
"Decorations" means an ornament, other than a banner.
"Department" means the New Jersey Department of Transportation.
"Design standards" means standards for design based on one or more of the following:
"Emergent situation" means a sudden, urgent, unexpected occurrence or occasion that interferes with the free and safe movement of traffic on a State highway, which requires immediate action.
"Expiration" means the formal termination of a permit.
"Extended lot line" means a line, radial or perpendicular to the highway centerline, at each end of the frontage, extending from the right-of-way line to the curbline.
"Freeway" means a multi-lane, divided highway having a minimum of two lanes in each direction and limited access.
"Highway" means a public right-of-way, whether open or improved or not, including all existing factors of improvements.
"Highway occupancy permit" or "permit" means any permit issued under this chapter.
"Maintenance" means continuous work required to hold component factors covered by a permit against deterioration due to wear and tear and thus to preserve the general character of the original component factors without alteration.
"New Jersey One-Call Damage Prevention System" or "One-Call Notification" means the Statewide notification system that provides Statewide protection of all underground facilities that are used for the conveyance of water, forced sewerage, telecommunications, cable television, electricity, oil, petroleum products, gas, optical signals, traffic control, or for the transportation of hazardous liquid subject to the Hazardous Liquid Pipeline Safety Act of 1979.
"Private utility" means any utility that is not within the general jurisdiction, supervision, and control of or otherwise regulated by the Board of Public Utilities or a utility owned and operated by private citizens or concerns that is not otherwise identified or regulated by the Board of Public Utilities.
"Public utility" means an entity as defined in 48:2-13.a, incorporated herein by reference, as amended and supplemented, including cable television as regulated under 48:5A-1 et seq., incorporated herein by reference, as amended and supplemented. A public, private, or cooperatively owned company that enters into a contract with a public utility shall not be considered a public utility on the basis of that contract.
"Repair" means limited or minor replacement of one or more component factors covered by a permit that may be required because of storm or other cause to restore a condition requiring only maintenance.
"Rights-of-way" means State highway property and property rights, including easements, owned and controlled by the Department.
"Right-of-way line" means the outer edge of State highway property, separating highway property from the abutting lots owned by others.
"Shoulder" means the portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes.
"Sidewalk area" means that portion of the right-of-way that lies between the curbline and right-of-way line, regardless of whether a sidewalk exists.
"State highway" means a road owned, taken over, controlled, built, or maintained by the Department.
"State highway system" means the network of State highways.
"Streetscape improvement" means a project contained within or along state highway rights-of-way or property under the jurisdiction of the Department that combines various activities covered by more than one category of highway occupancy permits, including, but not limited to, crosswalks, sidewalks, curbs, landscaping, drainage enhancements, benches, street furnishings, lighting, and traffic calming measures. The predominant activity being performed as a streetscape improvement will be the category for which the permit application is made, with the other activities also indicated on the application.
"Traveled way" means the portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
"Utility" means a privately, publicly or cooperatively owned line, facility or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public.
"Vegetation Canopy Management (VCM) Plan" means a plan by which existing vegetation within State highway right-of-way is reconfigured through thinning, selective removal, supplemental plantings, and other means, to produce and maintain a vegetation canopy that has sufficient horizontal and vertical dimension to allow visibility of off-premise outdoor advertising signs, but which also provides a motorist with the appearance of a vegetated corridor.
"Vegetation Canopy Management (VCM) Site Investigation" means an investigation of a site to collect information needed to develop a VCM plan.
"Waiver" means the Department's intentional relinquishment of its right to wholly enforce provisions of this chapter. Waivers may either reduce or eliminate requirements.
N.J. Admin. Code § 16:41-2.1