N.J. Admin. Code § 16:47-4.33

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

Section 16:47-4.33 - Highway improvement projects and permits

(a) The Department, either in conjunction with its construction projects, in conjunction with projects advanced by others, or through separate access projects, may adjust, modify, or revoke highway access permits, to provide access in compliance with this Access Code. Such Department activities shall be classified as either an adjustment of access, a modification of access or a revocation of access. If the Department determines that compliance with the Access Code is not reasonably attainable or would leave the property without reasonable access to the general system of streets and highways, it shall adjust, modify, or revoke access based upon maximum achievement of the goals and purposes of the Access Code.

(b) Adjustment of access shall be as follows:

1. This is restricted to changing the width of an access point by five feet (1.5 meters) or less, changing the location of an access point by 10 feet (three meters) or less, moving an access point away from the centerline of the highway, such as when the highway is widened, or changing the elevation or profile of an access point.

2. Lot owners will not be notified individually of the Department's decision to adjust an access point unless right-of-way is also being acquired. Public notice of the highway improvement project will be provided prior to the beginning of construction.

3. The Department may issue permits to the owners of lots that did not have issued permits or lots with grandfathered permits.

(c) Modification of access shall be as follows:

1. This is restricted to changing the number of access points, changing the width of an access point by more than five feet (1.5 meters), or changing the location of an access point by more than 10 feet (three meters). The changes shall be in accordance with the requirements of 16:47-3.4, 3.5 and 3.8. The modifications shall enable continuation of the apparent existing use on the lot.

2. The Department shall notify each lot owner in writing of the proposed access modification and provide the lot owner with a plan showing the modification prior to beginning construction.

3. If a lot owner who has received a notice of access modification initiates the sale of the lot before the Department modifies the access permit, the lot owner shall provide the lot purchaser with a copy of the notice of the pending modification. The Department shall not be responsible for providing notice to a lot purchaser.

4. The lot owner shall respond to the Department in writing within 30 days of receipt of the notice, advising the Department of either the acceptance of the modification plan or the appeal of the plan. The Department shall deem the lot owner's failure to respond to the notice as a waiver of the owner's opportunity for an informal meeting and informal hearing.

5. Upon receipt of an appeal of a modification plan, the Manager of the Bureau of Major Access Permits shall schedule an informal meeting with the lot owner to resolve any differences. Thereafter, the Manager of the Bureau of Major Access Permits shall issue a decision in writing within 30 days of the meeting and shall so notify the lot owner. The lot owner shall be further advised that, if the lot owner does not agree with the decision, the lot owner may submit an appeal to the Director, Division of Design Services, within 30 days.

6. The Director, Division of Design Services, shall schedule an informal hearing within 10 days of receipt of the lot owner's appeal. The Director, Division of Design Services, may conduct the hearing or designate a Bureau Manager as hearing officer. At the hearing, the lot owner will be accorded an opportunity to present further information regarding objections to the modification plan.

7. In reaching the final agency decision, the Director, Division of Design Services, shall consider the information presented at the hearing and the recommendation of the hearing officer if designated and the criteria set forth in the Act and these regulations, the lot owner's right of reasonable access to the general system of streets and highways in the State and the public's right and interest in a safe and efficient highway system. The Director, Division of Design Services, shall render the final agency decision, with reasons, within 30 days of the informal hearing and so notify the lot owner, in writing.

8. The Department shall issue permits to the owners of lots with modified access.

(d) Revocation of access shall be as follows:

1. This is restricted to eliminating direct ingress, egress, or ingress and egress and providing access to a street, highway, easement, service road or common driveway other than the subject State highway.

2. For a lot that is used for purposes more intense than it is zoned for, the existing use shall be used to classify which revocation standards apply. Prior to revocation, the Department shall determine that the lot has reasonable access to the general system of streets and highways in the State, other than its State highway access, and that:

i. For a lot zoned or used for commercial purposes, has access onto any parallel or perpendicular street, highway, easement, service road, or common driveway, which is of sufficient design to support commercial traffic to the site, and is situated so that motorists will have a convenient, direct, and well-marked means of reaching the site and returning to the State highway. Commercial purposes include, but are not limited to, wholesale facilities, retail facilities, service establishments, office buildings, research buildings, and residential parcels of at least 25 acres and at least four residential units per acre;

ii. For a lot zoned or used for industrial purposes, has access onto any improved public street, highway, access road, or easement across an industrial access road, which is of sufficient design to support necessary truck and employee access as required by the industry;

iii. For a lot zoned or used for residential or agricultural purposes (except as provided in (d)2i above), has access onto any improved public street or highway; and

iv. In making the determinations required in (d)2i and ii above, the Department shall evaluate the lot under the conditions that exist as of the date of the notice provided pursuant to (d)3i below.

3. The Department shall provide to the lot owner and all lessees, at least 90 days prior to any hearing:

i. A notice of the Department's intention to revoke an access permit;

ii. A plan depicting reasonable alternative access and signing, as described in (d)9 below; and

iii. A plan depicting any improvements the Department will make to provide the access.

4. The Department shall provide the lot owner with written notice of the owner's right to request a hearing in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Any such request must be made within 30 days of the lot owner's receipt of the notice of the Department's intention to revoke an access permit. The Department shall deem the lot owner's failure to respond to the notice as a waiver of the owner's right to a hearing.

5. If a lot owner who has received a notice of access revocation pursuant to (d)3i above initiates the sale of the lot or leases to a new tenant before the Department revokes the access permit, the lot owner shall provide the lot purchaser or new tenant with a copy of the notice of the pending revocation. The Department shall not be responsible for providing notice to a lot purchaser or new tenant.

6. The Department may hold an informal meeting with the lot owner to resolve any differences.

7. The Department shall file a copy of the plan with the municipal clerk and the planning board secretary of the municipality in which the lot is located. If the alternative access is to a county road, the Department shall also send a copy of the plan to the county clerk and county planning board.

8. The Department shall provide all necessary assistance in the establishment of the alternative access. Such assistance shall include, but not be limited to, the costs and expenses associated with:

i. Removal of existing driveways;

ii. Construction of alternative access;

iii. Engineering design;

iv. On-site circulation improvements to accommodate the changes in access;

v. Landscaping to replace that disturbed by the changes in access;

vi. Replacement of directional and identifying signs as provided in (d)9 below;

vii. Acquisition of lands or rights or interests in lands to accommodate the changes in access; and

viii. Acquisition of any other right required to accommodate the changes in access.

9. For property meeting the definition of commercial property in (d)2i above, the Department shall erect on the State highway and on connecting local highways suitable signs directing motorists to the new access location. When the Department provides signing for alternative access, it shall use generic, white messages on green or blue background signs of no more than eight square feet (0.75 square meters). The signing shall be placed in locations designated by the Commissioner and shall be maintained for a period of one year after the opening of the alternative access, after which time the Department may remove the signs or replace them with general signs, such as "Business District," "Service Road," or "All Services."

10. The Department shall provide the necessary roadway pavement structure and road widths meeting municipal standards for municipal roads and county standards for county roads for local roads traversed by traffic using the alternative access in lieu of the State highway access. The Department shall administer this provision as shown in Appendix H, incorporated herein by reference. The Department shall also provide a level of service to accommodate existing traffic plus site-generated traffic meeting the requirements of 16:47-4.2 4 through 4.29. The Department shall not have responsibility for maintaining these local roads.

11. The Department shall issue permits to the owners of lots with alternative access.

(e) Permits issued by the Department for the activities in (a) through (d) above shall be at no cost to the lot owners.

N.J. Admin. Code § 16:47-4.33