N.J. Admin. Code § 16:47-9.5
Current through Register Vol. 56, No. 21, November 4, 2024
Section 16:47-9.5 - Application requirements(a) Applicants for all permit types, except major with planning review, shall follow the one-step application review process found at N.J.A.C. 16:47-9.6. Applicants for major with planning review permits may choose to follow either the one-step application review process found at N.J.A.C. 16:47-9.6 or the two-step application review process found at N.J.A.C. 16:47-9.7, unless otherwise directed by the Department to follow the two-step application review process.(b) Applications for an access permit following the one-step application review process shall include the following: 1. A completed and signed application form;2. The applicable fee as described at N.J.A.C. 16:47-9.8;3. All required application checklist items found at N.J.A.C. 16:47 Appendix H-2;4. All required plan checklist items found at N.J.A.C. 16:47 Appendix H-3;5. Documentation of permission from an affected lot or site owner when site traffic is routed through another lot or site not the subject of the application; and6. Designated contact person.(c) Applications for an access permit following the two-step application review process shall include the following with the step one submission: 1. A completed and signed application form;2. The applicable fee as described at N.J.A.C. 16:47-9.8;3. All required application checklist items found at N.J.A.C. 16:47 Appendix H-2;4. All required preliminary access plan checklist items found at N.J.A.C. 16:47 Appendix H-4;5. Documentation of permission from an affected lot or site owner when site traffic is routed through another lot or site not the subject of the application; and6. Designated contact person.(d) Applications for an access permit following the two-step application review process shall include the following with the step two submission: 1. All final access plan checklist items found at N.J.A.C. 16:47 Appendix H-5.(e) The Department will not begin processing the application until a properly signed application and the appropriate application fee have been submitted.(f) Applications shall be submitted on forms as shown in Table 3, obtainable from any Department office shown below or from the Department's website at http://www.state.nj.us/transportation/eng/forms/. TABLE 3-APPLICATION FORMS
PERMIT CATEGORIES |
PERMIT TYPE | MINOR | MAJOR | MAJOR WITH PLANNING REVIEW |
1. Driveway Permits |
Single Family Residential | MT-32 | -- | -- |
Single Family Residence and Business | MT-32 | -- | -- |
Non-Residential | MT-32 | MT-32 | MT-32 |
Government | MT-32 | MT-32 | MT-32 |
Emergency Driveway | MT-32 | -- | -- |
Driveway Removal | MT-32 | -- | -- |
2a. Street Permits associated with development | MT- 160 | MT- 160 | MT-160 |
2b. Street Permits not associated with development | MT- 160 | -- | -- |
3. Lot Subdivision | MT-155 | MT-155 | -- |
4. Lot Consolidation | MT-155 | MT-155 | -- |
5. Temporary Driveway Permits | MT-32 | -- | -- |
(g) Access applications shall be filed with the Bureau of Major Access Permits or the Operations Permit Office, as indicated in Table 4 at the following addresses: New Jersey Department of Transportation
Bureau of Major Access Permits
PO Box 600
Trenton, NJ 08625-0600
New Jersey Department of Transportation
Operations Permit Office
PO Box 600
Trenton, NJ 08625-0600.
Applications for emergency driveways and driveway removals for lots or sites with existing permits shall be submitted to the Bureau of Major Access if that office issued the existing permit. If the existing permit was issued by a regional maintenance office or the Operations Permitting Office, applications shall be submitted to the Operations Permit Office. Applications for emergency driveways and driveway removals for lots or sites that have grandfathered permits, shall be submitted to the office responsible for issuing that category of permit pursuant to Table 4 below.
TABLE 4-OFFICE RESPONSIBLE FOR PROCESSING ACCESS APPLICATIONS
PERMIT CATEGORIES |
PERMIT TYPE | MINOR | MAJOR | MAJOR WITH PLANNING REVIEW |
1. Driveway Permits |
Single Family Residential | Operations Permit Office | -- | -- |
Single Family Residence and Business | Operations Permit Office | -- | -- |
Non-Residential | Operations Permit Office | Bureau of Major Access Permits | Bureau of Major Access Permits |
Government | Operations Permit Office | Bureau of Major Access Permits | Bureau of Major Access Permits |
Emergency Driveway | Operations Permit Office | Bureau of Major Access Permits | - |
Driveway Removal | Operations Permit Office | Bureau of Major Access Permits | - |
2a. Street Permits associated with development | Bureau of Major Access Permits | Bureau of Major Access Permits | Bureau of Major Access Permits |
2b. Street Permits not associated with development | Bureau of Major Access Permits | -- | -- |
3. Lot Subdivision | Operations Permit Office | Bureau of Major Access Permits | -- |
4. Lot Consolidation | Operations Permit Office | Bureau of Major Access Permits | -- |
5. Temporary Driveway Permits | Operations Permit Office | -- | -- |
(h) Prior to submitting a major, major with planning review, or any lot subdivision or consolidation access application, a copy of the application form and all required application and plan checklist items described in (b) and (c) above shall be sent to the municipal and county engineer, municipal clerk, and the county planning board of the municipality and county where the lot or site that is the subject of the application is located. For any major with planning review access application, copies shall also be sent to any other municipal and county engineer, and municipal clerk and county planning board located within the study area established pursuant to N.J.A.C. 16:47 Appendix F. These submissions shall require copies of proof of service, which shall be dated and include the name of the recipient, sent by certified mail, return receipt requested; hand delivery with signed receipt; or by a delivery service; and shall advise that the recipients have 30 days to submit any comments on the application to the Department office that will receive the application.(i) For all major and major with planning review access applications, the applicant shall provide copies of all substantive correspondence, including attachments or revised plans, to the Department and to the municipal and county engineer. The Department will provide the municipal and county engineer with copies of all substantive correspondence between the Department and the applicant.(j) Applications shall be signed as follows: 1. All applications, other than those for street permits, shall be signed by the lot or site owner or a representative holding a completed MT-156 Power of Attorney form, which must accompany the application if the lot or site owner does not sign the application. This form can be found at http://www.state.nj.us/transportation/eng/forms/.2. Applications for street permits shall be signed by a municipal or county official if the street is publicly owned, or the lot or site owner, if privately owned.3. For applications where the driveway straddles a lot line and each lot is owned by a different owner, a separate application shall be submitted by each lot or site owner, with one application fee.4. For applications where multiple lots constitute a site and are in different ownership, one application and fee shall be submitted. For sites with more than one driveway, the owner of one of the lots with a driveway between the State highway and the site or their representative holding a completed Form MT-156 (Power of Attorney), shall be designated as the lead applicant and shall sign the application. Each additional lot owner or their representative holding a completed Form MT-156, shall provide a signed and notarized power of attorney (Form MT-156) documenting concurrence with the application and the designation of the lead applicant.5. For applications where multiple lots constitute a site and are in different ownership, and the multiple lots utilize a shared driveway along the State highway from one of the lots, the application shall be signed by the owner of the lot on which the shared driveway is located or by the lot owner's representative holding a completed Form MT-156. Each additional lot owner or their representative holding a completed Form MT-156 shall provide a signed and notarized power of attorney (Form MT-156) documenting concurrence with the application and the designation of the lead applicant. Proof of permanent easements or other documentation acceptable to the Department, related to that driveway for each of the lots shall be included with the application.N.J. Admin. Code § 16:47-9.5
Adopted by 50 N.J.R. 1534(b), effective 7/16/2018