N.J. Admin. Code § 16:47-3.16

Current through Register Vol. 56, No. 11, June 3, 2024

Section 16:47-3.16 - Municipal and county actions

(a) As of September 21, 1992, no lot abutting a State highway shall be subdivided in a manner which would create additional lots abutting that highway unless all the abutting lots created are conforming under the Access Code, restricted from access to the State highway, or established pursuant to 16:47-3.5(d)2. Subdivisions are considered to be created on the date of preliminary municipal approval. Direct access from subdivided lots to a State highway shall only be permitted by the Department if the access meets the requirements of conforming lots under this Access Code. Nonconforming lots in existence as of September 21, 1992 shall not be subdivided in a manner which would make them less conforming, except that those nonconforming lots on State highways classified as access level 2 may be subdivided because of the creation of new street intersections.

(b) When the Department either denies an access application or revokes an existing access permit because alternative access is available or issues an access permit allowing direct access and requiring alternative access, the decision of the Department with regard to the appropriate access location shall be final, the action of any municipal or county body to the contrary notwithstanding. Any subsequent municipal or county review shall abide by the Department's decision. The municipality or county may require additions or changes in the design of the development in accordance with any applicable provisions of its development review ordinances provided that such additional requirements do not conflict with the Department's decision.

(c) Municipalities are encouraged not to grant a zoning variance for a lot abutting a State highway when the traffic volume from the use would not be in conformance with the traffic volume allowed pursuant to the Access Code. The Department will not issue a permit for traffic volumes which exceed those allowed under the Access Code.

(d) The Department shall issue a Certificate of Acceptance to permittees for major access permits with a planning review and send a copy to the municipal building inspector and the municipal engineer. Municipalities shall not issue certificates of occupancy until they have received a copy of the Certificate of Acceptance.

(e) Any municipality or county may build new roads or acquire access easements, by purchase or condemnation, to provide alternative access to existing developed lots which have no other means of access except to a State highway.

(f) Any municipality or county may acquire, by purchase or condemnation, any right of access to any highway upon a determination that the public health, safety and welfare require it.

(g) Municipalities and counties are encouraged to seek appropriate mitigation from applicants when the Department requires alternative access under 16:47-3.2(a) or 4.3(p). See Appendix H, incorporated herein by reference, Cases 2 and 3.

(h) Municipalities and counties may submit comments on major access applications to the Bureau of Major Access Permits within 30 days of receipt of a duplicate copy of the application from the applicant as required in 16:47-4.3(n).

N.J. Admin. Code § 16:47-3.16