N.J. Admin. Code § 16:47-3.5

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

Section 16:47-3.5 - Unsignalized access points

(a) The conformance of lots shall be as determined below. This is illustrated in a flowchart, Appendix F, incorporated herein by reference.

1. Any lot on a State highway segment either used for a single-family residential unit or vacant and zoned for one single-family residential unit shall be a conforming lot.

2. Any lot on a State highway segment designated access level 2 shall be a nonconforming lot, except for those described in (a)1 above. If the lot is nonconforming, the permissible vehicular use limitations set forth in (b) below shall be a condition of the permit.

3. Any lot on a State highway segment designated access level 6 shall be a conforming lot.

4. The conformance of lots not described in (a) 1, 2, or 3 above shall be determined using the following spacing distances:

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i. Regarding corner lots, see Appendix I-1. A corner lot is conforming if the distance between its centerline and the centerline of the next adjacent, non single-family residential lot is greater than or equal to the spacing distance and the conditions of either (a)4i (1) or (2) below are met. A lot either with one single-family residential unit or vacant and zoned for one single-family residential unit shall not be considered as an adjacent lot, but its frontage shall be included when determining the distance to the centerline of the next adjacent lot.

(1) When alternative access will not be provided to the adjacent side street, the distance between the lot centerline and the centerline of the adjacent side street right-of-way is greater than or equal to the spacing distance.

(2) When alternative access will be provided to the adjacent side street and one-half of the State highway frontage plus one-half of the side street frontage is greater than or equal to the spacing distance required on the State highway.

ii. Regarding midblock lots, see Appendix I-2. A midblock lot is conforming if the distance between its centerline and the centerlines of each of the next adjacent, non single-family residential lots is greater than or equal to the spacing distance. A lot either with one single-family residential unit or vacant and zoned for one single-family residential unit shall not be considered as an adjacent lot, but its frontage shall be included when determining the distance to the centerline of the next adjacent lot.

iii. Regarding partial denial of access lots, see Appendix I-3. A partial denial of access lot is conforming if, in the direction access is permitted, the distance between its presumed centerline and the centerline of the next adjacent, non single-family residential lot is greater than or equal to the spacing distance. A lot either with one single-family residential unit or vacant and zoned for one single-family residential unit shall not be considered as an adjacent lot, but its frontage shall be included when determining the distance to the centerline of the next adjacent lot.

(b) The vehicular use limitations to be included as a condition of the permit for a nonconforming lot shall be determined as follows:

1. The abbreviations and meaning of the variables used in the equations below are as follows:

S Spacing distance, based on the posted speed limit and (a)4 above.

L Left distance between the lot centerline and either the centerline of the next adjacent non single-family residential lot, the centerline of the adjacent side street for a corner lot, or one-half of the State highway frontage plus one-half of the side street frontage for a corner lot with alternative access. The maximum distance for L cannot exceed S.

R Right distance measured similar to L above. The maximum distance for R cannot exceed S.

A Area of the lot expressed in acres (hectares must be converted to acres), but no greater than 3.0 on urban State highway segments and 2.0 on rural State highway segments.

V Permissible peak hour vehicular trips (total to and from the lot).

2. For urban State highway segments, the highest A.M., P.M., or Saturday permissible peak-hour vehicular trips for the direct access between the lot and the State highway shall be determined using the following formula:

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3. For rural State highway segments, the highest A.M., P.M., or Saturday permissible peak-hour vehicular trips for the direct access between the lot and the State highway shall be determined using the following formula:

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4. The Department shall increase the permissible peak-hour vehicular use (V) by a 15 percent bonus if a lot has either of the features in (b)4i or ii below. There is a maximum of two bonuses (Vmax = 1.3V) for those lots having both of the features in (b)4i and ii below.

i. Shared State highway access with another lot which has State highway frontage. Motorists must be able to drive directly between the two lots.

ii. Alternative access to a street other than the State highway.

5. The Commissioner shall impose a maximum vehicular use limitation, calculated using the formulas in (b)2 through 4 above, as a condition of an access permit on each nonconforming lot. The traffic generation of the lot shall not exceed the vehicular use limitation based on the average traffic operation of the use proposed on the lot, as derived from the Institute of Transportation Engineers' publication entitled "Trip Generation, 6th Edition," 1997 or superseding edition, or superseding rates adopted by the Department. For land uses not included in these sources or when an applicant believes these rates are not representative, the Department may accept alternative evidence of representative rates. On lots with alternative access, the vehicular use limitations only apply to the State highway access.

(c) The number of access points on the State highway shall be one for a nonconforming lot and shall be determined as set forth below for a conforming lot. On divided highways two one-way access points may be substituted for each two-way access point.

1. One two-way access point shall be allowed for a minor permit even if the conditions of (c)4, 5 or 6 below are met.

2. A maximum of two two-way access points may be allowed for a major permit if the second access point will significantly benefit the safety and efficiency of the State highway and meet the requirements in (c)4 or 6 below.

3. Two or three two-way access points may be allowed for a major permit with a planning review if the second and third access points will significantly benefit the safety and efficiency of the State highway and meet the requirements in (c)4, 5 or 6 below.

4. Two two-way access points may be allowed on a midblock lot which has a minimum of three times the spacing distance between the centerlines of each of the next adjacent non single-family residential lots. See Appendix I-4. (L[2] + R[2] 3 X S)

5. Three two-way access points may be allowed on a midblock lot which has a minimum of four times the spacing distance between the centerline of each of the next adjacent non-single family residential lots. See Appendix I-4. (L[2] + R[2] 4 X S)

6. A maximum of two two-way access points may be allowed on a corner lot which has at least three times the spacing distance between the centerline of the next adjacent non single-family residential lot and:

i. The centerline of the adjacent side street; or

ii. The centerline of the side street frontage when measured along the lot frontage and when alternative access is provided to the adjacent side street.

(d) The following provisions apply to shared access:

1. Two or more adjacent lots can be treated as a single lot if the lots share a single driveway. The determination of conformance set forth in (a)4 above, shall then be made for the combination. If the combination is conforming, then no vehicular use limitations shall be applied. If the combination is nonconforming, then the permissible vehicular use limitations set forth in (b) above shall be determined for the combination.

2. The Department will only approve a subdivision which creates a nonconforming lot if all of the following conditions are provided:

i. The nonconforming lot created shares access with an adjacent lot;

ii. The shared access is the only direct state highway access for the lots; and

iii. There is a perpetual condition written into the deed for each lot establishing the shared access.

3. No bonus pursuant to (b)4i above shall apply to nonconforming lots created under (d)2 above. In addition, if a nonconforming lot is subdivided, the permissible vehicular use limitation shall not increase as a result of the subdivision.

(e) The location of unsignalized access points shall be established using the access point control dimensions set forth in N.J.A.C. 16:47-3.8 and safety considerations based on sight distance and other geometric requirements found in the "New Jersey Department of Transportation Design Manual-Roadway." Unsignalized access points shall only be located where the traffic volumes at the access points do not meet the warrants set forth in Part 4C of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (U.S. Department of Transportation, Federal Highway Administration 1988 edition or a superseding edition). Unsignalized access points, whether on conforming or nonconforming lots, shall also be subject to the following requirements:

1. Whenever possible, unsignalized access points on divided highways for major traffic generators involving left-turn ingress and egress should be located at existing median breaks, if any exist, and where access points would conform to the traffic signal spacing requirements set forth in N.J.A.C. 16:47-3.4.

2. If future traffic volumes could warrant installing a traffic signal and signalized spacing requirements cannot be met, as a condition of the access permit, the Commissioner may, at such time as future traffic volumes are reached, close the left-turn access in accordance with N.J.A.C. 16:47-4.3 3(b).

3. If an undivided highway becomes divided, as a condition of the access permit, the Commissioner may at such time close the left-turn access in accordance with N.J.A.C. 16:47-4.3 3(b).

4. For access points on a divided highway, the following apply whenever possible:

i. The spacing of right-turn access on each side of a divided highway may be treated separately.

ii. Where left-turns at median breaks are involved, the access shall line up or be offset from the median break by at least the minimum spacing distance or 300 feet (91.5 meters), whichever is greater.

5. Whenever possible, on undivided highways, access on both sides of the road shall be aligned. Where this is not possible, it is desirable to have the centerlines of access points offset at least 200 feet (61 meters).

6. No access point shall be located along an acceleration, deceleration, or exclusive right-turn or left-turn lane where the lane is at its full width. This prohibition does not apply:

i. Along two-way left-turn lanes;

ii. To a right turn in-only access point from a divided highway adjacent to a left-turn lane;

iii. To access points on the opposite side of a highway within the limits of a right-turn lane;

iv. To access to a lot zoned and used for a single-family residential unit; or

v. To the portion of a deceleration lane for a reverse loop jughandle which precedes a street intersection.

7. An access point may have a bifurcated driveway with separate driveways for ingress and egress. The distance between such driveways shall be at least 50 feet (15.25 meters) measured centerline to centerline.

8. A left-turn lane shall be provided for access points on State highway segments with access level 4 when the criteria set forth in "Transportation and Land Development", Figure 5-15 and "Highway Research Record 211","Volume Warrants for Left-Turn Storage Lanes at Unsignalized Grade Intersections", incorporated herein by reference, are met. Left-turn access shall be prohibited if the criteria have been met but there is insufficient space for a left-turn lane, unless the Commissioner determines that left-turns can be made safely, considering traffic volumes and sight distances.

9. If the criteria set forth in "Transportation and Land Development", Figure 5-15, and "Highway Research Record 211", "Volume Warrants for Left-Turn Storage Lanes at Unsignalized Grade Intersections", incorporated herein by reference, have not been met, the Commissioner may decide to permit left-turn access, pursuant to (e)8 above, if the applicant improves the highway shoulder to enable the bypassing of vehicles waiting to turn left into the access point.

10. Acceleration and deceleration lanes shall be provided in accordance with the "New Jersey Department of Transportation Design Manual-Roadway" for all State highways except for interstate highways. Acceleration and deceleration lanes on interstate highways shall be provided in accordance with the American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets," 1994 or superseding edition.

11. Access points shall be designed to enable vehicles to leave the State highway without restriction, queuing, or hesitation on the highway. Access shall not be approved for parking areas that require backing maneuvers within the State highway right-of-way. All off-street parking areas must include on-site maneuvering areas and aisles to permit vehicles to enter and exit the site without hesitation. An applicant shall not place a gate on Department right of way. If an access point is gated, the gate shall be a minimum of 50 feet (15.25 meters) from the curbline, and there shall be provisions for U-turns without the need for vehicles to back onto the highway.

12. Approval of an access point in accordance with the terms of the Access Code does not relieve the permittee of an obligation to provide any requirements deemed necessary under N.J.A.C. 16:47-4.3 4.

(f) On all State highways classified as access level 2:

1. New street intersections may be created, even if they cause nonconforming lots to be less conforming.

2. If a lot has frontage on a road other than a State highway, no direct access shall be allowed.

(g) On all State highways classified as access level 3, 4, and 5, a street proposed to extend to the State highway may only intersect a State highway if it does not create nonconforming lots on either side of the intersection or if the nonconforming lots created have no direct access to the State highway.

N.J. Admin. Code § 16:47-3.5