N.J. Admin. Code § 16:47-4.18

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

Section 16:47-4.18 - Developer agreements

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

1. Development and highway improvement phasing;

2. Right-of-way dedication;

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

4. Highway improvements requiring daily monitoring by a resident engineer; or

5. Fair-share financial contributions.

(b) The Department may also require a developer agreement as a condition of an access permit, when the Department, in its sole discretion, determines that this condition is in the public interest. The Bureau of Major Access Permits shall notify the applicant of such a determination. When the Bureau of Major Access Permits issues the permit, execution of the developer agreement shall be one of the conditions. No construction shall be performed within Department right-of-way prior to the execution of the developer agreement. If the applicant does not respond to Department correspondence regarding the developer agreement within 90 days of the correspondence, the permit expires.

(c) Applicant time for developer agreements shall include:

1. The time required by the applicant to review and approve the agreement;

2. The time to obtain local, State or Federal approvals, authorizations, resolutions, or permits; and

3. The time needed to prepare final access construction plans and related documents.

(d) Any fees paid to the Department as part of the access application and concept review processes shall 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) The estimated reimbursable Department costs for access application review, design review, and construction inspection, when included in a developer agreement, shall be based on estimates prepared by the Department. The actual reimbursable Department costs shall be the actual costs incurred by the Department.

(f) The applicant shall obtain and provide the Bureau of Major Access Permits with copies of any other agency approvals required for work within ultimate, proposed Department right-of-way.

N.J. Admin. Code § 16:47-4.18