N.J. Admin. Code § 16:47-4.13

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

Section 16:47-4.13 - Major access permits with planning review process

(a) Potential applicants shall request a pre-application conference with the Bureau of Major Access Permits for major applications with a planning review.

(b) Potential applicants considering submission of major applications requiring a planning review shall send the Bureau of Major Access Permits four copies of a letter including the following information for the proposed development:

1. Name of applicant;

2. Lot location noting route, direction, milepost, municipality and county;

3. Size and type of each different existing and proposed land use;

4. Sketch plan of site, access, and highway improvement schemes under consideration;

5. Trip generation, distribution and assignment to the driveways and streets for each land use and time period analyzed;

6. Opening date or staging for development;

7. Buildout year;

8. Suggested agenda for pre-application meeting;

9. Involvement with a Department electrical facility such as, but not limited to, a traffic signal or highway lighting;

10. Copy of tax map showing block number, lot number, and lot lines;

11. Names and titles of people anticipated to attend the pre-application meeting; and

12. Evidence that the current property owner was notified of the meeting.

(c) The Bureau of Major Access Permits will schedule the pre-application conference. The Department recommends the applicant be accompanied by a traffic engineer at the pre-application conference. The potential applicant shall discuss the locations to be studied and the contents of the traffic impact study with a representative of the Bureau of Major Access Permits at the pre-application conference.

(d) A potential applicant may request that the Department confirm the scope of study required for a traffic impact study either at or subsequent to a pre-application conference. The submission of the proposed scope of study shall be accompanied by a fee in the amount of $ 500.00, which fee shall be credited toward the application fee. Within 30 days of the submission of the proposed scope of study and fee, the Department shall issue a letter confirming the scope of study, including, but not limited to, study area locations, trip generation rates, trip distribution and assignment, passby traffic, and analysis hours. The scope of study shall include:

1. A site plan;

2. Trip generation, which shall include:

i. A land use code used from the Institute of Traffic 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;

ii. A tabular summary indicating the entering, exiting and total trips for A.M., P.M., and weekend peak hours and the weekday and weekend daily trips;

iii. A pass-by credit, with a statement providing support for its appropriateness, including illustrations showing this credit;

3. Trip distribution documentation of rationale and procedures, including a gravity model or site specific survey; and

4. A site traffic assignment, which shall include:

i. A total site traffic assignment figure for each peak hour trip analyzed pursuant to 16:47-4.3 0(d)1i;

ii. A graphic depiction indicating the half-trips associated with each municipality included in the study, indicating the half-way point between the municipality and the site; and

iii. A scope of study figure indicating each analysis point and its associated trips as in (d)4ii above. This graphic shall be by direction of travel, either to or from the site, and include all half-way points and their associated trips. This shall also be done for weekday and weekend daily trips, and indicate where the 10 percent limit is reached.

(e) An application shall be received by the Department within 12 months of the date of the pre-application meeting. If an applicant fails to meet this requirement, the applicant shall request another pre-application meeting pursuant to 16:47-4.1 3(a). The Bureau of Major Access Permits will notify the applicant in writing of acceptance or rejection of the application and verify the type of permit within 30 days of receipt by the Department.

(f) A major application with planning review will be reviewed and either approved or denied within a maximum of 90 days of receipt of a complete application. If the application is approved, the Bureau of Major Access Permits will request that the applicant submit the permit documents and the permit fee. A permit will be issued within a maximum of 95 days of receipt of a complete application if the application is approved.

(g) When the Department requests information from the applicant, the step in the process and its associated time frame will restart once the Department receives the information. If the applicant does not provide the Department with the requested information within 90 days of the request, the application shall be considered withdrawn.

(h) If the Bureau of Major Access Permits finds either the same form deficiency or the same technical content deficiency three times in an applicant's submissions, then the application will be rejected and the applicant must reapply and submit a new application and fee.

(i) If the applicant changes the proposed development or access plan in response to Department comments, a new application and fee will not be required unless the applicant fails to eliminate all deficiencies within three submissions. If the applicant unilaterally changes the proposed development or access plan, however, a new application and the fee shall always be submitted.

(j) The applicant shall submit the completed and signed permit documents and permit fee to the Bureau of Major Access Permits within 180 days of the Bureau of Major Access Permits notice of approval. Applicants failing to respond on time will have their applications rejected.

(k) After the permittee constructs the access and meets all conditions of the permit, the permittee shall notify the Regional Maintenance Office, in writing. Within 30 calendar days of its receipt of the notice, the Regional Maintenance Office will notify the permittee if any corrective action is required by the permittee.

(l) A Certificate of Acceptance will be issued by the Bureau of Major Access Permits to the permittee and a copy sent to the municipal building inspector within 10 calendar days of the Regional Maintenance Office's finding that the access conforms to the conditions of the permit. The Certificate of Acceptance may be issued after substantial completion of the construction within State right-of-way and prior to the completion of all work if the permittee provides a performance bond or other guarantee acceptable to the Department to ensure the work will be completed.

(m) The permittee shall not use the access and a municipality shall not issue a certificate of occupancy until the Department has issued a Certificate of Acceptance. Use of the access prior to issuance of a Certificate of Acceptance shall subject the permittee to penalties under N.J.S.A. 27:7-92e and all other remedies available to the Department.

N.J. Admin. Code § 16:47-4.13