N.J. Admin. Code § 16:41-6.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:41-6.3 - Specific conditions for highway occupancy permits

(a) Permit conditions for specific highway occupancy permits are set forth in (a)1 through 24 below, and described in (b) through (r) below. The provisions of the subsection apply to all permits of a particular type, unless noted with an asterisk, which indicates that the condition applies to some permits of a specific type and will be included as a permit condition.

1. Utility openings: N.J.A.C. 16:41-6.3(b), (d), (e), (h), (i), (k), and (l);

2. Poles: N.J.A.C. 16:41-6.3(b), (j), (l), (m), (q) *, and (r)*;

3. Curb, sidewalk, or handicapped ramp: N.J.A.C. 16:41-6.3(b), (e) *, (f), (g), (h), (k), (l), and (o);

4. Drainage facilities: N.J.A.C. 16:41-6.3(b), (e) *, (f), (g), (h), (k), (l), and (o);

5. Landscaping, tree trimming, vegetation control, or unclassified landscaping: N.J.A.C. 16:41-6.3(b) *, (c), (e)*, (h), (k), and (l);

6. Bridge attachments: N.J.A.C. 16:41-6.3(g), (h), (k), and (l);

7. Pedestrian overpass or underpass: N.J.A.C. 16:41-6.3(b), (e) *, (f), (g), (h), (k), and (l);

8. Grading: N.J.A.C. 16:41-6.3(b) *, (e)*, (f), (g), (h), (k), and (l);

9. Guiderail: N.J.A.C. 16:41-6.3(b), (g), (h), (k), and (l);

10. Test holes or borings: N.J.A.C. 16:41-6.3(b), (d), (e) *, (g), (h), and (l);

11. Monitoring wells: N.J.A.C. 16:41-6.3(b), (d), (e) *, (g), (h), (k), (l), and (p);

12. Crosswalks: N.J.A.C. 16:41-6.3(h), (k), and (l);

13. Bus shelters or benches: N.J.A.C. 16:41-6.3(b) *, (h), (k), and (l);

14. Banners, decorations, or temporary announcement or guide signs: N.J.A.C. 16:41-6.3(k) and (l);

15. Parades or gatherings: None;

16. Temporary use: N.J.A.C. 16:41-6.3(b) *, (e)*, (g), (h), (k), (l), and (m);

17. Detours off State highways or vice versa: N.J.A.C. 16:41-6.3(g), (h), (k), (l), and (n);

18. Lane or shoulder closings on State highways: N.J.A.C. 16:41-6.3(g), (h), (k), and (l);

19. Automatic traffic counting procedures: N.J.A.C. 16:41-6.3(k) and (l);

20. Railroad grade crossings: N.J.A.C. 16:41-6.3(b), (c) *, (d), (e), (g), (h), (i)*, (k), (l), (p)*;

21. Wireless communications site survey: N.J.A.C. 16:41-6.3(g), (j), and (l);

22. Miscellaneous: N.J.A.C. 16:41-6.3(b) *, (e)*, (h)*, and (l)*;

23. VCM site investigation: N.J.A.C. 16:41-6.3(b) and (h); and

24. VCM plan: N.J.A.C. 16:41-6.3(b), (d), (e), (f), (g), (h), (i), (l), (m), and (p).

(b) Requirements for One-Call notification and fiber optic markouts are as follows:

1. The permittee shall supply the confirmation number obtained from the One-Call Damage Prevention System to the Operations Permit Office in accordance with N.J.S.A. 48:2-83. The permittee shall provide this confirmation number at least 72 hours before starting the activity.

2. The permittee shall conduct a field evaluation, which includes a review of the Department's Intelligent Transportation System inventory database at www.state.nj.us/transportation/eng/elec/ITS/ to determine if any fiber optic cable or conduit facilities are within the proposed project limits. Field markouts of these facilities are required and shall be requested a minimum of 10 business days prior to conducting any work activity through the contact information provided at N.J.A.C. 16:41-1.3(c).

(c) Ground cover shall not exceed 12 inches in height at full maturity within the sidewalk area. Plantings shall not interfere with sight distance.

(d) The permittee shall provide the Operations Permit Office with copies of any other agency approvals required for activity within proposed Department rights-of-way or property under the jurisdiction of the Department.

(e) The Department may require security in the form of a bond, check, or money order in an amount sufficient to guarantee or insure restoration of the area disturbed by the permittee, depending upon the extent of the activity and the Department's past experience with the applicant or permittee.

1. If the Department requires security, the permittee shall provide it, in the required form, to the Operations Permit Office along with the permit fee.

2. If it becomes necessary for the Department to restore the disturbed area because of the failure of the permittee to do so, the Department shall deduct the full cost of the repairs from the amount of the security. If the amount of the security is less than the cost of the repairs performed by the Department or its contractor, the Department shall bill the permittee for the balance due. If the permittee does not pay the full amount due within 30 days of billing, the Department may initiate legal action.

(f) Certain highway occupancy permits are associated with the property and not with the permittee. If the permittee sells the property, the permittee shall provide the purchaser with a copy of the permit. The Department shall not be responsible for advising purchasers of such permits or the conditions contained therein.

(g) If, after issuance of a permit by the Department, a permittee is barred or prevented, directly or indirectly, from proceeding with the activity by a legal action instituted by any State agency, political subdivision, or any other individual or party or by a directive or order issued by any State agency, political subdivision, or court of competent jurisdiction, the period of time prescribed in this chapter for the activity shall be tolled during the pendency of said legal action, directive, or order.

1. The permittee shall notify the Operations Permit Office in writing and include its supporting documentation within 30 days of any action that may trigger this provision.

2. If the activity has already commenced, the permittee shall contact the Operations Permit Office immediately to ensure that the cessation of activity does not create a hazard.

3. The permittee shall restore any disturbed area at a time and in a manner prescribed by the Department or the Department may do so at the permittee's expense.

4. The remaining activity time shall again begin to run from the date on which the legal directive or order or other legal impediment to continuation of the activity is removed.

5. The permittee shall notify the Operations Permit Office in writing within 30 days of the date of removal of the legal impediment to continuation of the activity.

6. The Department reserves the right to reevaluate the permit conditions if the tolling time extends beyond two years from the date the Department executes the permit.

(h) After the permittee completes the activity within State highway rights-of-way or property under the jurisdiction of the Department and meets all conditions of the permit, the permittee shall notify the Operations Permit Office, in writing. Within 30 days of its receipt of the notice, or as otherwise specified in the permit, the Operations Permit Office shall notify the permittee if any corrective action is required by the permittee.

(i) The following provisions apply to railroad grade crossing permits, except where otherwise noted, and utility opening permits as indicated in (a) above:

1. There shall be no open cut transverse pavement trenches within freeway rights-of-ways. If any additional facilities are required to cross under freeway pavement, the permittee shall use trenchless technology methods from outside the no-access limits of the freeway.

2. When a highway is newly paved, or paved for improvement, the Department shall not permit openings in the highway for a period of five years thereafter, without the consent of the Commissioner, as documented in a waiver pursuant to N.J.S.A. 27:7-26. The Department may extend the period of this restriction indefinitely if the traffic volume on the highway is high.

3. The Department, either in conjunction with its construction projects or in conjunction with projects advances by others, may modify or revoke a utility opening permit. The Department shall provide an affected utility opening permit holder with at least 30 days notice of the Department's intention to revoke the permit. Any appeal shall be addressed pursuant to N.J.A.C. 16:41-6.11(b). This paragraph does not apply to railroad grade crossings.

4. Work by a permittee cannot begin until pavement has been laid for at least one year. When performing work, the permittee shall restore a trench to meet or exceed existing conditions in accordance with the Department's standard details and standard specifications.

5. The permittee shall restore the surface to a smooth and sound condition that shall meet or exceed pre-existing and surrounding conditions.

6. The permittee shall provide the Department with as-built plans based on the New Jersey Plane Coordinate system with offsets shown from existing physical features. The plans shall record the vertical and horizontal location of the utility facility for each change in grade or alignment at 100 foot intervals. The as-built plans shall also show the horizontal and vertical locations of any manholes or hand holes. The permittee shall submit four prints and one reproducible copy of the as-built plans within one month of completion of construction.

7. The permittee shall construct underground utility facilities that are detectable by standard locating equipment operated on the surface.

8. The minimum lateral proximity to a parallel utility facility, including the State's fiber optic ducts, shall be 18 inches from the edge of utility facility to the edge of utility facility and in accordance with N.J.A.C. 16:25-3.1 and 7.2. As used in this paragraph, utility facilities do not include railroad facilities.

9. The permittee shall construct manholes or hand holes so that the longest dimension is parallel to the roadway and not within the roadway. This does not apply to railroad grade crossings.

10. Except for railroad grade crossings, utility facilities shall not be located longitudinally in the travel lane or in the shoulder unless a waiver has been granted by the Department in accordance with N.J.A.C. 16:25-2.3. On longitudinal installations, utility locations parallel to the pavement at or adjacent to the right-of-way line are preferable to minimize interference with highway drainage, the structural integrity of the traveled way, shoulders, and embankment; and the safe operation of the highway. At a minimum, their lateral location shall be offset a suitable distance beyond the slope, ditch, or curb line, as the Department may stipulate.

(j) The permittee shall notify the Wireless Communications Unit before undertaking any activity for each site covered by the permit at the address indicated in N.J.A.C. 16:41-1.3(b).

(k) The permittee shall be responsible for the restoration of the area disturbed. Failure to do so shall be a violation of the permit. The permittee shall provide security in the form of a bond, check, or money order, the amount of which shall depend upon the value of the activity.

(l) The permittee shall make repairs to facilities that the Department deems necessary to prevent any hazard to the public, interference with traffic, or damage to highway property. Such repairs shall be made as promptly as reasonably possible after the Department notifies the permittee of the need for repairs. A failure to make the designated repairs shall be a violation of the permit.

(m) The permittee shall remove the activity before the expiration of a temporary use permit. The permit shall establish the date for removal. The permit shall also address the restoration of the State highway rights-of-way or property under the jurisdiction of the Department.

(n) The following provisions apply to detours as indicated in (a) above:

1. The permittee shall be responsible for the cost of all maintenance and repairs to the roads over which the traffic diversion takes place;

2. The permittee shall bear the expense of providing and maintaining approved signs, and other safety devices necessary to protect the traveling public throughout the time the detour is in use; and

3. Where local roads are included in any detour, all traffic handling shall be subject to the supervision and control of a representative of the Operations Permit Office working in cooperation with local police officials. The Department may require the permittee to retain full-time uniformed traffic directors, depending upon the traffic conditions particular to the activity location and the availability of local police support.

(o) Curb, sidewalk or handicapped ramp permits and drainage facilities permits are subject to the applicable provisions of N.J.A.C. 16:38.

(p) The permittee shall provide any required environmental test reports and results obtained pursuant to the permit to the Department.

(q) Longitudinal installation of overhead lines on the highway rights-of-way shall comply with the provisions of N.J.A.C. 16:25. No pole shall be closer than 10 feet to any other pole.

(r) Pursuant to N.J.A.C. 16:25, the permittee shall complete pole replacement within 90 days of installation of the new pole, including removal of the pole being replaced.

(s) The following requirements apply to utility opening permits for longitudinal installation of an underground fiber optic facility, as indicated in the table at (a) above:

1. The permittee shall bundle ducts to form one compact facility;

2. The facility shall not occupy over 12 inches in width or 24 inches in depth;

3. The minimum depth of cover of the facility shall be 54 inches. If there is a conflict with an intersecting utility facility at this depth, the permittee shall install the fiber optic facility deeper to go under the other utility. If the other utility extends deeper than 24 inches below the fiber optic facility, the fiber optic facility may go over the other utility and shall be protected with concrete encasement as approved by the Department, but at no location will the encasement be within 24 inches of the surface;

4. There shall be a protective layer over the facility. The applicant shall cover the facility:

i. To within 30 inches of the surface with Permeable Flowable Fill (Controlled Low Strength Material). Orange pigmentation is encouraged, but not required; or

ii. With a cap of poured or pre-cast concrete that is four inches thick and 24 inches wide directly above the fiber optic facility.

5. The permittee shall install a continuous plastic ribbon marking tape on the Permeable Flowable Fill directly above the fiber optic facility or on the trench backfill material directly above the fiber optic facility.

6. Location requirements for utility facilities that longitudinally occupy limited access highways shall be in accordance with N.J.A.C. 16:25-7A.

7. Fiber optic facility installations of one half-mile or longer shall require the permittee to dedicate to the Department the use of one duct (one and one-fourth inch nominal size with associated manholes) for State use. The permittee shall maintain the dedicated duct and associated manholes in good repair. The facilities within the ducts and manholes shall be the responsibility of the State. The permittee shall not begin construction until the Department receives formal documentation from the permittee indicating the permittee's commitment to dedicate the duct use.

8. The permittee shall design and construct the fiber optic facility to avoid future relocations within the limits of all projects listed in the Department's then-existing 10-year Capital Construction Program. The Department shall waive this requirement if the permittee executes an agreement to absorb all relocation or accommodation costs resulting from the construction of any project listed in the 10-year Statewide Transportation Improvement Program. The permittee shall not undertake construction within the limits of such a project until the permittee and the Department execute a written agreement regarding the payment of future relocation costs.

N.J. Admin. Code § 16:41-6.3

Amended by 46 N.J.R. 2180(a), effective 11/3/2014.

Amended by 47 N.J.R. 1980(a), effective 8/3/2015

Amended by 48 N.J.R. 497(a), effective 3/21/2016