N.J. Admin. Code § 16:47-10.5

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

Section 16:47-10.5 - Developer agreements

(a) The Department will require a developer agreement as a condition of an access permit whenever any of the following exists:

1. Phased development and roadway improvements;

2. Right-of-way dedication;

3. Department involvement in right- of-way acquisition;

4. State highway improvements requiring daily monitoring by a resident engineer;

5. Fair share financial contributions;

6. Physical modifications to existing traffic signals or installation of new traffic signals; and

7. When Department review and inspection costs are anticipated to exceed the fees collected for the application and permit.

(b) The Department will require execution of a developer agreement prior to issuance of an access permit when the two-step application review process is being followed.

(c) The Department may also require a developer agreement as a condition of an access permit when the Department, in its sole discretion, determines it is in the public interest. No construction shall be performed within the State highway ROW prior to the execution of the developer agreement. If the lot or site owner does not respond to Department correspondence regarding the developer agreement within 90 days of the correspondence, the access application shall be considered withdrawn or, if the permit has been executed, the permit shall become invalid.

(d) A developer agreement shall include the requirement that the lot or site owner reimburse the Department for all State service costs incurred for work associated with, but not limited to, access application review, design review, and construction inspection. The estimated reimbursable Department costs will be based on estimates prepared by the Department. The actual reimbursable Department costs shall be the actual costs incurred by the Department. Any fees paid to the Department as part of the access application processes will be credited against any payment required pursuant to a developer agreement. The total payment required shall not be less than the total of the application and permit fees.

(e) A developer agreement shall include provisions, as appropriate, for the following:

1. Escrow and safety (guarantee);

2. Performance bonds;

3. Payment bonds;

4. Fair share mitigation obligation for either construction or a financial contribution, or both;

5. Maintenance bond; or

6. Payment for State service costs.

(f) A developer agreement may also include the provision that plans and specifications may be completed after execution of the permit. The timeframes for initiating construction and reaching substantial completion found at N.J.A.C. 16:47-10.1(c)may also be modified by the agreement.

N.J. Admin. Code § 16:47-10.5

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