N.J. Admin. Code § 16:27-4.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:27-4.2 - Submittal requirements

(a) An authority seeking establishment of a new traffic control device or modification of an existing traffic control device on a State highway, pursuant to the provisions of 16:27-4.1(a)2, shall submit a request to the Bureau. Upon receipt of a request:

1. The Bureau shall investigate the request and advise the Commissioner of its findings.

2. The Commissioner shall advise the authority of the decision on the need to establish a new traffic control device or modify an existing traffic control device. The Commissioner's decision shall be final.

3. If a new traffic control device is warranted or modification to an existing traffic control device is recommended, the design and installation of, or modification to, the traffic control device shall be handled by the Department.

(b) An authority seeking establishment of, or modifications to, traffic regulations on State highways pursuant to the provisions of 16:27-4.1(a)3, shall submit a request to the Bureau. Upon receipt of a request:

1. The Bureau shall investigate the request and advise the Commissioner of its findings.

2. The Commissioner shall advise the authority of the decision on the establishment of, or modification to, a traffic regulation on a State highway. The Commissioner's decision shall be final.

3. A traffic regulation approved by the Commissioner shall be made effective by issuance of a Traffic Regulation Order pursuant to the provisions of 39:4-8.3.

(c) An authority seeking approval for installation or modification of a traffic control device or establishment of a traffic regulation on a non-State highway that impacts a State highway pursuant to the provisions of 16:27-4.1(b)1, shall submit to the Bureau the certification report described at 16:27-4.3(a). Upon receipt of a request:

1. The Bureau shall review the submission to determine if the traffic control device or traffic regulation will impact the State highway and is warranted and advise the Commissioner of its findings.

2. The Commissioner shall advise the authority of the Department's findings on the establishment of the traffic control device or the traffic regulation. The Commissioner's decision shall be final.

3. Traffic control devices or traffic regulation found not to be justified will be denied by the Commissioner.

4. Traffic control devices found to be justified will be authorized to be designed or modified and constructed by the authority.

5. Upon the completion of the construction of the traffic control device and its inspection by the authority, the authority shall submit to the Bureau a certification of the engineer, bearing the engineer's New Jersey Professional Engineer's seal, stating that the device has been designed in conformance with the MUTCD, the engineer has inspected the device, and the device has been installed in conformance with the as-built design. In addition to the certification, the following shall be submitted:

i. A copy of the as-built plan;

ii. A copy of the as-built operational schedule; and

iii. A certified copy of an adopted ordinance or resolution, as appropriate, establishing the device. If the intersection involves multiple authorities, each of the authorities having jurisdiction shall also submit an ordinance or resolution as appropriate.

6. Once executed and transmitted to the Bureau, and upon determining that the design is in accordance with the MUTCD, the resolution or ordinance establishing the traffic control device shall be approved by the Commissioner.

7. Traffic regulations found to be justified will be authorized for enactment by the authority by resolution or ordinance. Once executed and transmitted to the Bureau, the resolution or ordinance establishing the regulation shall be approved by the Commissioner.

(d) An authority proposing modifications to a traffic control device under authority jurisdiction but maintained by the Department, pursuant to the provisions of 16:27-4.1(b)2, shall, in addition to the certification report described at 16:27-4.3(a), submit to the Bureau plans of the proposed traffic control device, the electrical plans, and the proposed operational schedule. The designs shall be in compliance with the MUTCD and with general traffic engineering standards. Upon receipt of a request:

1. The Bureau will review the submission and provide any comments to the authority. The authority shall then complete the final design and installation, complying with the Bureau's comments.

2. Upon the completion of the modifications to the traffic control device and its inspection by the authority, the authority shall submit to the Bureau a certification by the engineer, bearing the engineer's New Jersey Professional Engineer's seal, stating that the device has been designed in conformance with the MUTCD, that the engineer has inspected the device, and that the device has been installed in conformance with the as-built design. In addition to the certification, the following shall be submitted:

i. A copy of the as-built plan;

ii. A copy of the as-built operational schedule; and

iii. A certified copy of an adopted ordinance establishing the device. If the intersection involves multiple authorities, each of the authorities having jurisdiction shall also submit an ordinance or resolution as appropriate.

3. Upon receipt of the material, and upon determining that the submission is in conformance with the MUTCD, the Bureau will issue an official timing directive to the Department's maintenance forces for future maintenance of the traffic control device.

(e) An authority seeking approval to limit the use of non-State highways under the authority's jurisdiction by CMVs, except those highways that form a truck route system within the municipality, pursuant to the provisions of 16:27-4.1(b)3 ii, shall submit a certification report, meeting the requirements of 16:27-4.3(b), to the Bureau. Upon receipt of a request:

1. The Bureau shall review the certification report and investigate the request and advise the Commissioner of its findings. The Commissioner shall advise the authority on the establishment of the requested limitation or exclusion of CMVs. The Commissioner's decision shall be final.

2. If the limitation or exclusion is not justified, it will be denied.

3. If the limitation or exclusion is justified, the authority shall be authorized to enact a resolution or ordinance establishing the limitation or exclusion. Once executed and transmitted to the Bureau, the resolution or ordinance establishing the limitation or exclusion will be approved by the Commissioner.

(f) Authorities seeking approval to close a non-State highway for a duration of more than 48 hours pursuant to the provisions of 16:27-4.1(b)4, shall submit to the Bureau a certification report meeting the requirements of 16:27-4.3(c). Upon receipt of a request:

1. The Bureau shall review the certification report and investigate the request and advise the Commissioner of its findings. The Commissioner shall advise the authority on the establishment of the road closure. The Commissioner's decision shall be final.

2. If the road closure is not justified, it will be denied.

3. If the road closure is justified, the authority shall be authorized to enact a resolution or ordinance establishing the road closure. Once executed and transmitted to the Bureau, the resolution or ordinance establishing the road closure will be approved by the Commissioner.

N.J. Admin. Code § 16:27-4.2