N.J. Admin. Code § 16:47-10.1
Current through Register Vol. 56, No. 23, December 2, 2024
Section 16:47-10.1 - General provisions(a) It is the responsibility of the lot or site owner to complete construction according to the terms and conditions of the permit in a safe and expeditious manner. Construction work shall not interfere with any Department structure or facility on, over, or under the State highway, unless permitted by the Department, and shall not interfere with any concurrent work being done as part of a State highway project advanced by the Department. The lot or site owner shall properly safeguard all work and maintain sufficient traffic safety provisions, so as to protect the traveling public until all work has been completed.(b) If a new access permit is issued for a lot or site, the use, maintenance, and repair provisions of the existing valid permit remain effective until the completion and acceptance of the construction work specified in the new permit and the issuance of a certificate of construction acceptance for that work.(c) Construction must begin within two years of permit execution and must be substantially complete within three years of permit execution, unless otherwise stated in the permit or extended by the Department.(d) Driveways or streets shall be constructed by the lot or site owner at the owner's expense. If there is a concurrent State highway project advanced by the Department, the Department, in its sole discretion, may provide for construction of the approved driveway or street as part of the project, at the lot or site owner's expense, subject to terms and conditions satisfactory to the Department.(e) Every permit, other than temporary driveway permits, will identify the daily and peak hour traffic volumes permitted for the lot or site. The baseline trips for determining a significant increase in traffic shall be the allowable trip generation shown on the permit. For grandfathered permits, the current edition of ITE's trip generation publication, or superseding rates adopted by the Department, shall be used to compute the baseline traffic. For grandfathered nonconforming lots, no expansion in the trip generation beyond the greater of the calculated maximum trip limits or the existing trip generation will be permitted.(f) Permits issued for public streets will identify the daily and peak hour traffic volumes permitted for the street. Public streets shall not be subject to significant increase in traffic trip limits.(g) Permits issued for private streets will be subject to significant increase in traffic trip limits. If private streets become public streets, those limits shall no longer apply.(h) Significant increase in traffic trip limits shall not apply to a lot or site with emergency driveways, where the emergency driveway is the only access to the State highway for that lot or site. Permits issued for a lot or site adding an emergency driveway will be issued in the same category as the existing valid permit--minor, major, or major with planning review.(i) Permits issued for lot subdivision or lot consolidation will be issued in the same category as the existing valid permit--minor, major, or major with planning review. Separate permits will be issued to each lot resulting from a lot subdivision or lot consolidation application. Each permit shall require a fee.(j) For multiple lots: 1. Where the driveway straddles a lot line, permits will be issued to each lot, each requiring a permit fee; and2. Where multiple lots constitute a site or two or more lots utilize a shared driveway, permits will be issued to each lot having frontage on the State highway. Permits for lots having a driveway on the State highway will require a permit fee. Lots with no driveway on the State highway will be issued a permit for zero trips and will not require a permit fee.(k) Access permits are transferred with ownership of the lot or site, provided that the conditions upon which the permit was issued have not changed.N.J. Admin. Code § 16:47-10.1
Adopted by 50 N.J.R. 1534(b), effective 7/16/2018