N.J. Admin. Code § 16:47-4.3

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

Section 16:47-4.3 - Procedures for changes in access classification

(a) A change in the access classification of a State highway segment may affect the AL, the limits of the segment, the DTS, and its cell number designation in N.J.A.C. 16:47 Appendix A. The access classification matrix in N.J.A.C. 16:47 Appendix A will be used to determine the designation of the segment in N.J.A.C. 16:47 Appendix B-2. A change in the designation of urban or rural environment or in the designation of high or low speed could result in a change in the access classification shown in N.J.A.C. 16:47 Appendix B-2.

(b) Any person may request a change in the access classification of a State highway segment, including, but not limited to, the AL, the DTS, and the access class. Requests for proposed changes shall be for the following minimum segment lengths:

1. Accessible principal arterials--one mile;

2. Minor arterials--one-half mile;

3. Major or minor collectors--one-half mile; and

4. Local roads--one-half mile.

(c) In evaluating requests for a change in the access classification of a State highway segment, the Commissioner will take into consideration the existing access classifications of adjacent State highway segments and the municipal and county road networks, conformance with municipal and county master plans and development ordinances, the State Development and Redevelopment Plan, access classification criteria set forth in N.J.A.C. 16:47-4.1, and other appropriate factors relevant to the request.

(d) For each request for a change in access classification four hard copies and one electronic copy (either disc or flash drive) shall be submitted to the Department at the following address:

Director, Division of Statewide Planning

New Jersey Department of Transportation

1035 Parkway Avenue

PO Box 600

Trenton, New Jersey 08625-0600

(e) The requestor shall notify all lot owners located along, and within 200 feet beyond the ends of, the State highway segment that a change in classification is being requested and advise them that they have 10 days in which to submit to the Department, at the above address, comments regarding the proposed change. Proof of service of the notice shall be included with the request package referenced below. At the time of notification to lot owners, the requestor shall inform the Department, by letter to the above address, of the intent to request a change in classification and to identify the requested change.

(f) The request package shall include the following information:

1. A description of the State highway segment, including segment length, existing speed limit, whether divided or undivided, the existing number of through lanes in each direction, the current access classification for the State highway segment, and the proposed access classification;

2. A map at a scale of one inch equals 200 feet, or one inch equals 400 feet, showing the following:

i. Route number, the State highway segment for which the change is proposed, the municipalities and counties within which the segment is located, the cross streets nearest the end of the segment, and, if available, the limits by milepost;

ii. The existing right of way lines for the entire segment;

iii. If a change in DTS is proposed, the anticipated ROW width associated with the proposed DTS, as found in N.J.A.C. 16:47 Appendix B-1; and

iv. Identification whether the State highway segment is located within the Highlands, Pinelands, or Meadowlands boundary lines or within a Coastal Area Facility Review Act (CAFRA) zone by depicting those boundaries on the map, as applicable;

3. A map at a scale that shows the entire requested State highway segment for which the change is proposed, on one sheet of 8.5-inch by 11-inch paper, incorporating all adjacent State and county roadways within two miles of the State highway segment and a depiction of Highlands, Pinelands, Meadowlands, or CAFRA boundaries, as applicable;

4. A graphic (such as a cross-section or overhead view) showing the proposed change on 8.5-inch by 11-inch sheets. One sheet shall be provided for each different cross-section, AL, DTS, or speed limit change being requested and shall include the number of through lanes and ROW width;

5. In table format, identification by route and milepost of the existing access classification, including AL, DTS, and cell number, followed by the proposed access classification including AL, DTS, and cell number for each State highway segment within the limits of the request;

6. Existing land uses and size of use within one mile of the limits of the segment;

7. A list of lots or sites that have pending development applications filed with the municipal planning board or zoning board of adjustment and the nature of such applications;

8. Existing zoning and any proposed zoning changes introduced by the zoning board, but not yet enacted;

9. The planned characteristics of the area through which the State highway segment passes;

10. Whether the segment is listed as part of any county or State evacuation routes;

11. A statement of justification supporting the proposed change, identifying factors including municipal and county master plans, the State Development and Redevelopment Plan, and adopted plans of the Highlands, Meadowlands, and Pinelands that would indicate that the State highway segment's present access classification requires modification and identifying the negative consequences, if any, of retaining the current access classification in a narrative limited to no more than 15 single-sided text pages. Copies of existing, adopted planning documents of any kind will not be accepted as the justification statement, and shall only be utilized as supplemental information;

12. Any other relevant data supporting the need to change the access classification; and

13. Copies of notices and proofs of service as required in this section.

(g) Within 20 days of receipt of a request for a change in access classification, the Division of Statewide Planning will notify the requestor, in writing, whether the request package is complete. If the request package is incomplete, the notice will list those items needed to complete the request. Within 60 days of receipt of a notice that the request package is incomplete, the requestor shall submit such additional information as is necessary to complete the request. Within 20 days of receipt of the additional information, the Division of Statewide Planning will notify the requestor whether or not the request package is complete. The request will be rejected if the Director, Division of Statewide Planning, determines that the information has not been submitted within the specified time periods.

(h) Within 10 days of notifying a requestor that the request package is complete, the Director, Division of Statewide Planning, will forward a copy of the completed request to the clerks of all municipalities and counties in which the State highway segment is located, the metropolitan planning organization, or any other interested agency or entity deemed appropriate for the area in which the change in access classification is being requested.

(i) Within 50 days of notifying a requestor that the access classification change request package is complete, the Commissioner will advise the requestor, in writing, whether the classification change request has been accepted or rejected and will provide the requestor with reasons for the decision.

(j) Within 20 days of receipt of a decision rejecting a change in access classification, the requestor may submit a written appeal of the decision to the Commissioner to the address found at (d) above. The requestor must set forth the reasons for the appeal and must set forth, in full, any additional information supporting the request for a change in access classification.

(k) Within 30 days of receipt of a written appeal, the Commissioner will advise the requestor, in writing, of the final agency decision on the appeal, and the reasons for the decision.

(l) Any accepted change in the access classification of a State highway segment will be promulgated as an amendment to this chapter, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(m) Any request to change the access classification of a State highway segment made pursuant to the procedures described in this subchapter is in addition to, and not in lieu of, any other administrative or other remedy a person may have under the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., or any other law.

N.J. Admin. Code § 16:47-4.3

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