N.J. Admin. Code § 16:47-4.34

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

Section 16:47-4.34 - Fairshare financial contributions

(a) The Department may require fair-share financial contributions towards the cost of constructing capacity improvements to the State highway system necessitated by traffic attributable to the development of the lot at those study locations determined in accordance with N.J.A.C. 16:47-4.3 6 where the LOS violates the standards set forth in N.J.A.C. 16:47-4.2 4 through 4.29. These improvements may include roadway and structure widenings, frontage roads, intersection improvements, structures, reverse frontage roads, and alternative access. Alternately, the Department may permit the applicant to construct the improvement at the applicant's expense and under Department supervision.

(b) Those improvements which benefit only the applicant shall be entirely the applicant's responsibility and are not considered in the fair share determination. Examples of this are acceleration and deceleration lanes for access points, left turn slots which only provide access to a site, and traffic signals located at the applicant's driveways.

(c) If a lot falls within the boundaries of a designated Transportation Development District (TDD) and the development is subject to a TDD fee assessment, then the Department can only require financial contributions towards the cost of constructing capacity improvements to the State highway system outside the TDD boundaries.

(d) Applicants are responsible for the fair share of the cost of mitigation at each study area location where a LOS violation occurs as determined by analysis pursuant to N.J.A.C. 16:47-4.3 6.

(e) Site traffic is comprised of the LOS violation component and the acceptable component, as follows: Site Traffic = LOS Violation Component + Acceptable Component. The LOS violation component is comprised of those site generated trips which violate the LOS standards at study locations determined in accordance with N.J.A.C. 16:47-4.3 6. The acceptable component is comprised of those site-generated trips which do not violate the LOS standards.

(f) Mitigation at each location pursuant to (a) above shall add capacity sufficient to accommodate the anticipated increase in traffic between build and no-build conditions at the time the access opens without violations of the LOS standards in N.J.A.C. 16:47-4.2 4 through 4.29. Mitigation shall also be compatible with, but shall not exceed, the desirable typical section for the State highway segment as shown in Appendix B.

(g) The capacity increase created by mitigation shall be equal to the capacity after mitigation minus the capacity before mitigation as reflected in the following formula: Capacity Increase = Capacity After Mitigation - Capacity Before Mitigation. "Capacity" means the maximum traffic volume possible with LOS E. Capacity before mitigation will be that of the analysis point's existing configuration under prevailing traffic conditions, such as peak-hour factor and heavy vehicle factor, given the pattern of existing traffic. Capacity after mitigation will be that of the analysis point's proposed (mitigated) configuration under prevailing traffic conditions, such as peak-hour factor and heavy vehicles factor, given the pattern of existing traffic combined with site traffic. When more than one measure of level of service is possible at an analysis point, such as the various movements at an intersection, then the most sensitive measure shall determine the capacity. Traffic volumes for all movements shall be factored by a constant so that all movements will remain a fixed percentage of the total volume at the analysis point until the maximum attainable volume is achieved without the capacity of any movement being exceeded. The sum of the traffic volumes of all movements is the capacity for that analysis point. At signalized intersections where the level of service of each movement is not a direct function of the traffic volume of another movement, each lane group may be factored independently to determine its capacity, and the lane group capacities added to determine the capacity of the entire intersection. In factoring the lane groups, the traffic volumes should not exceed those that can be reasonably expected to occur at the entire intersection.

Capacity Increase = Capacity After Mitigation - Capacity Before Mitigation

(h) The fair share proportion at a location shall be equal to the LOS violation component divided by the capacity increase, as reflected in the following formula:

Data in image

(i) The cost of mitigation at a location shall be the cost for the Department to provide the mitigation. This includes:

1. Design of the mitigation;

2. Right-of-way appraisal and acquisition;

3. Construction of the mitigation;

4. Management of the construction; and

5. Environment cleanup, permits and mitigation.

Mitigation Cost = Sum of the above mitigation elements

(j) The fair share at a location shall be equal to the fair share proportion times the cost of the mitigation, as reflected in the following formula: Fair Share = Fair Share Proportion x Mitigation Cost.

(k) The fair-share financial contribution shall be equal to the sum of the applicant's fair shares at all locations where level of service violations occur. If, in the Department's sole discretion, it does not anticipate that the mitigation identified for a location in (f) above will be implemented within 15 years of the date of the permit, then the applicant shall have no fair share responsibility at that location. If the application qualifies for reduced fees as set forth in N.J.A.C. 16:47-4.6(b), then the total fair share for the residential component of the lot shall be reduced by the same proportion as the low and moderate income units to the total number of units covered by the application.

(l) If the Department permits the applicant to construct highway improvements under (a) above, then these improvements are to be at locations, studied in accordance with N.J.A.C. 16:47-4.3 6, where LOS violations occur. In determining the highway improvement to be constructed as a condition of permit approval, the Department shall consider the needs of the applicant and the public.

(m) The Department shall hold all fair-share financial contributions in a designated account which shall identify the fair share amount for each location. Funds may be expended on any of the activities listed in (i) above for any locations identified in (d) above. The Department and the applicant may agree to apply the fair share financial contribution to improvements at less than all of the identified locations. The Department shall refund any contribution and accrued interest applicable to the improvement of an identified location if the improvement is not implemented within 15 years. The refund shall be made to the owner of the lot at the end of the 15 years.

(n) If the Department accepts a right-of-way dedication, the value of dedicated lands shall be a credit against the fair share financial contribution.

(o) The Department will not require fair share financial contributions towards the cost of highway improvements which the Department does not expect will be constructed within 15 years. However, the Department may not approve applications if it finds unacceptable the condition that would be caused by the addition of site traffic to a location which will not be improved within 15 years.

(p) The Department may release fair share financial contributions and accrued interest, or any portion thereof, to any federal, state, regional, or local entity, or to any person or private entity as the Department deems appropriate for the implementation of highway improvements at locations identified in (d) above.

N.J. Admin. Code § 16:47-4.34