N.J. Admin. Code § 16:47-10.9

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

Section 16:47-10.9 - Acceptance of work and release of bonds

(a) Upon completion of construction, the lot or site owner shall notify the Department, in writing, that work has been completed and all permit requirements have been met. Within 30 calendar days of receipt of this notice, the Department will inspect the project.

(b) If, upon inspection, the project has been found acceptable, computer aided design and drafting (CADD) traffic signal and electrical as-built plans shall be prepared and submitted to the Department. Once the traffic signal and electrical as-built plans are accepted by the Department, a certificate of construction acceptance will be issued.

(c) If, upon inspection, the project has not been found acceptable, the Department will notify the lot or site owner, in writing, of any required corrective action. Upon a determination that all required corrective actions have been completed, and all required CADD traffic signal and electrical as-built plans have been submitted and accepted by the Department, the Department will issue a certificate of construction acceptance within 10 days to the lot or site owner.

(d) A conditional certificate of construction acceptance may be issued, at the sole discretion of the Department, after substantial completion of construction within the State highway ROW and prior to the completion of all work if:

1. The lot or site owner provides a performance bond or other guarantee to ensure the work will be completed; and

2. The Department finds the conditions that will exist until all work is completed are acceptable.

(e) A lot or site owner shall not use the State highway access until the Department has issued a certificate of construction acceptance or has given approval to use the State highway access prior to the completion of construction, notwithstanding any other municipal approvals including, but not limited to, certificates of occupancy. Use of the State highway access prior to issuance of a certificate of construction acceptance or Department approval shall subject the lot or site owner to penalties pursuant to N.J.S.A. 27:7-92.e and all other remedies available to the Department.

(f) Restoration guarantees will be released upon issuance of the certificate of construction acceptance and upon written request by the lot or site owner. Maintenance guarantees will be released one year after construction acceptance and upon written request of the lot or site owner.

(g) Upon fulfillment of all requirements of a developer agreement, the Department will issue a certificate of final acceptance. Upon written request of the lot or site owner, performance and payment bonds required by the developer agreement will be released upon issuance of a certificate of final acceptance and submission of a maintenance guarantee. Upon written request by the lot or site owner, the maintenance guarantees will be released one year after issuance of the certificate of final acceptance.

(h) Permits become valid once all work is completed and accepted by the Department, and the Department has issued a Certificate of Construction Acceptance and Certificate of Final Acceptance, as appropriate.

N.J. Admin. Code § 16:47-10.9

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