N.J. Admin. Code § 16:41E-3.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 16:41E-3.3 - Specific eligibility requirements

(a) Each eligible facility must also satisfy the following specific requirements of its service type:

1. Gas facilities:

i. Shall be located within three miles of the highway;

ii. Shall be continuously open to the public for a minimum of 16 hours each day, seven days per week;

iii. Shall offer conventional fuels, such as, but not limited to, gasoline, for sale to the public as its principal use;

iv. Shall offer the following vehicle services and products free or for sale:

(1) Motor oils, for cars, trucks, and other vehicles;

(2) Compressed air for tire inflation; and

(3) Water for batteries and radiators; and

v. May offer alternative fuels, such as, but not limited to, diesel fuels, flex fuels, and electric recharge facilities.

2. Food facilities shall:

i. Be located within three miles of the highway;

ii. Be open a minimum of 10 hours per day, six days per week and serve at least two meals per day, including the following:

(1) A menu of fresh and/or prepared foods; and

(2) Hot and cold beverages;

iii. Have a seating area of at least five tables for the consumption of foods on the premises; and

iv. Include supermarkets and mall food courts provided that they comply with the provisions set forth in (a)2i, ii, and iii above.

3. Lodging facilities shall:

i. Be located within three miles of the highway;

ii. Be continuously open to the public for a minimum of seven days per week, 360 days per year;

iii. Offer at least 10 units, each with a private bath and toilet facilities; and

iv. Have off-street parking for each unit.

4. Camping facilities:

i. Shall be located within 10 miles of the highway;

ii. Shall be open a minimum of seven days each week, 365 days per year, unless designated as seasonal;

iii. Shall offer at least 10 camp sites and 10 parking spaces;

iv. Shall have connections for water and electrical service; and

v. Camping facilities that offer sites for recreational vehicles shall offer sanitary disposal facilities.

5. Attractions:

i. Shall be located within 10 miles of the highway;

ii. Shall be open to the general public for a minimum period of five days per week over 16 consecutive weeks per year, except:

(1) Where admission is by reserved seating, the facility shall be open to the general public for an average minimum period of three days per week over 16 consecutive weeks per year. The Department may waive this requirement where it determines that the general public is aware of the schedule of the facility. In such a case, its logo sign panel shall display a supplemental message indicating that it is seasonal.

iii. The following attractions shall meet the following minimum criteria for annual attendance:

Facility	Annual Attendance
Required
Athletic arenas, auditoriums, convention halls,	200,000
stadiums, event centers
Historic sites or monuments	25,000
Golf course, ski slopes, equestrian facilities	50,000
Museums	50,000
Concert halls, performing arts facilities, theatres	100,000
Amusement parks, zoos, aquariums	50,000
Natural parks	50,000
Arboretums, sculpture gardens	25,500

N.J. Admin. Code § 16:41E-3.3

Adopted by 49 N.J.R. 4031(a), effective 12/18/2017