N.J. Admin. Code § 16:47-10.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:47-10.2 - Execution of permits

(a) No work shall be allowed within State highway ROW until the Department has signed, and thereby executed, the permit.

(b) Within 180 days of issuance of the notice of permit approval, the lot or site owner shall submit to the Department two signed and certified permits, complete permit documents as specified in the notice of permit approval, and the appropriate permit fee pursuant to N.J.A.C. 16:47-10.3. For public streets, permits shall be signed by a municipal or county official if the street is to be constructed on public property. For private streets, permits shall be signed by the lot or site owner.

(c) A lot or site owner that fails to respond within 180 days will have the application considered withdrawn. Reconsideration of the application shall require a new application and appropriate application fee.

(d) Upon receipt of the permit signed by the lot or site owner, permit fee, and all required permit documents, the permit will be executed by the Department within 15 days and an original signed copy of the executed permit will be returned to the lot or site owner, as appropriate.

(e) If, after execution of a permit, a lot or site owner is barred or prevented, directly or indirectly, from constructing the permitted access 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 time period specified in the permit for completing construction shall be tolled (suspended) until the legal action is decided, or a directive or order is issued. To invoke tolling of the permit construction time period, the lot or site owner shall notify, in writing, the permit unit that issued the permit and include any supporting documentation within 30 days of said legal action, directive, or order. If construction has already commenced, the lot or site owner shall immediately contact the permit unit that issued the permit to ensure that stoppage of construction does not create a hazard. The lot or site owner shall restore any disturbed area at a time and in a manner prescribed by the Department or the Department may do so at the expense of the lot or site owner. The remaining access construction time period shall resume on the date on which the legal action, directive, or order is resolved or removed. The lot or site owner shall notify, in writing, the permit unit that issued the permit within 30 days of the date of such resolution or removal. The Department reserves the right to evaluate and modify, as it deems appropriate, the access permit conditions if the tolling period extends beyond five years from the date of the permit issuance.

N.J. Admin. Code § 16:47-10.2

Adopted by 50 N.J.R. 1534(b), effective 7/16/2018