N.J. Admin. Code § 16:47-8.5

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

Section 16:47-8.5 - Permit categories

(a) Permit categories are based on the traffic generated on a lot or site and those trips that utilize a State highway to access the developed lot or site, whether by a driveway between a State highway and a lot or site or through adjacent street intersections. Deductions can be made for internal trips; however, no deductions shall be allowed for pass-by trips when determining the permit category.

(b) Permit categories are based on the highest average daily weekday and weekend trip generation of the lot or site and the highest average A.M., P.M., or weekend peak hour trip generation of the lot or site. Trip generation shall be determined in accordance with the provisions of this chapter including, but not limited to, the provisions of N.J.A.C. 16:47 Appendix F-1.4, Scope of Study.

(c) If the lot or site owner either fails to specify a land use or specifies "flexspace" in the access application, the Department will consider the land use to be the highest potential trip generator and the corresponding permit category will apply.

(d) There are three categories of driveway permits as determined by the Department, based on the trip generation of the lot or site described in N.J.A.C. 16:47 Appendix F. These categories are described in this subsection and shown in Table 2 below:

1. Minor driveway permit--required for any lot or site with less than 500 daily trips between it and a State highway. Permits associated exclusively with driveway removals or emergency driveways shall be categorized as minor, regardless of the trip generation on the lot or site;

2. Major driveway permit--required for any lot or site with 500 or more daily trips between it and a State highway; and

3. Major with planning review driveway permit--required for any lot or site with 500 or more daily trips and 200 or more new trips in any peak hour between it and a State highway.

(e) There are three categories of street permits associated with development, as described in this subsection and shown in Table 2 below:

1. Minor street permit--associated with development generating less than 500 daily trips at the intersection;

2. Major street permit--associated with development generating 500 or more daily trips at the intersection; and

3. Major with planning review street permit--associated with development generating 500 or more daily trips and 200 or more new trips in any peak hour at the intersection.

(f) A street permit not associated with development, or associated with a municipality or county completing a master plan street that is part of a transportation infrastructure grid network, shall be categorized as minor.

(g) Changes to existing streets, which involve only geometric and grade changes, but do not change the number of lanes, may be constructed under a highway occupancy permit, pursuant to N.J.A.C. 16:41 and approval by the Department's Operations Permit Office.

(h) There are two categories of lot subdivision or lot consolidation permits based on the trip generation of the lot, as described in this subsection and shown in Table 2 below:

1. Minor--associated with development generating less than 500 daily trips between a State highway and a lot; and

2. Major--associated with development generating 500 or more daily trips between a State highway and a lot.

(i) All temporary driveway permits shall be categorized as minor.

TABLE 2-PERMIT TYPES AND CATEGORIES

PERMIT CATEGORIES
PERMIT TYPE	MINOR	MAJOR	MAJOR WITH PLANNING REVIEW
1. Driveway Permits
Single Family Residential	X	--	--
Single Family Residence and Business	X	--	--
Non-Residential	X	X	X
Government	X	X	X
Emergency Driveway	X	X	--
Driveway Removal	X	X	--
2a. Street Permits associated with development	X	X	X
2b. Street Permits not associated with development	X	--	--
3. Lot Subdivision Permits	X	X	--
4. Lot Consolidation Permits	X	X	--
5. Temporary Driveway Permits	X	--	--

N.J. Admin. Code § 16:47-8.5

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