N.J. Admin. Code § 16:77-1.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:77-1.7 - Permit fees; longitudinal occupations

(a) Recognizing the many variables and intangibles involved in each longitudinal occupation of NJ TRANSIT-owned property, each application shall be considered on its own merits, with minimum permit fee per year of occupancy being applied as set forth in this section. NJ TRANSIT reserves the right to negotiate all longitudinal fees.

(b) For occupations less than one mile in length, the minimum charge, as set forth at (c) below, shall be a proportionate amount of the rates calculated to the nearest dollar but no fee shall be less than the charge for one-quarter mile of such occupation.

(c) The following minimum annual charges cover longitudinal occupations. Guy wires, messengers, and grounded conductors shall be subject to special consideration.

1. Aerial wires:

i. Transmission line, highest voltage not exceeding 6,900 volts: $ 3,227 per circuit per mile.

ii. Transmission line over 6,900 volts up to, but not including, 32,500 volts: $ 5,815 per circuit per mile.

iii. Transmission line 32,500 volts, up to and including 50,000 volts: $ 8,082 per circuit mile.

iv. Transmission line 50,000 volts and over. The fee will be negotiated.

2. Aerial and underground cables:

i. All longitudinal fiberoptic facility occupancy fees will be arrived at through negotiations.

ii. Telephone communication cables (not including composite coaxial cables):

(1) Cable containing not more than 1,100 pairs: $ 3,227 per cable per mile.

(2) Cable containing 1,101 to 1,800 pairs: $ 5,815 per cable per mile.

(3) Cable containing over 1,800 pairs: The fee will be negotiated at a rate not less than $ 5,815 per cable per mile.

(4) For underground communication cables, the minimum charge is $ 6,464 per cable per mile.

iii. Composite coaxial cable and coaxial television cables subject to negotiation, but not less than: $ 7,862 per cable mile.

iv. Underground power cables:

(1) When a cable is buried in an open trench and covered with soil: $ 4,658 per circuit per mile.

(2) When a cable is buried in an open trench and surrounded with from six to 12 inches of thermal sand: $ 8,082 per circuit per mile.

(3) When a cable is encased in a steel pipe under inert oil pressure and/or further encased in a larger steel pipe and the space between the pipes filled with compacted sand: $ 8,082 per mile or $ 17.00 per inch of nominal diameter of the largest pipe per 100 feet of occupation or fraction thereof, whichever is greater.

v. Spare or unoccupied ducts or pipes, each per mile: $ 968.00.

vi. Manholes, splicing chambers, or pull boxes, each when these structures are necessary for longitudinal occupation: no charge.

vii. An additional charge shall be made for use of NJ TRANSIT-owned property duct lines based on the negotiated value of the facility.

(NOTE: Charges shown at (c)2v, vi, and vii above are in addition to the charges shown pursuant to (c)2ii, iii, and iv above, inclusive.)

(d) All manholes necessary for periodic inspection, cleaning, and maintenance will be covered under the longitudinal pipeline fee. On transverse occupations all manholes will be charged in excess of the transverse facilities occupancy fee.

(e) Fees for all structures other than manholes will be arrived at through negotiations. Examples of these structures include, but are not limited to, meter chambers, siphon chambers, substations, pump stations, well sites, towers, and monopoles or metal poles with engineered foundations.

(f) An annual occupancy fee for pipes and sewers will be charged as follows:

1. Circular lines carrying no pressure: $ 8.00 per inch of inside nominal diameter or fraction thereof per 100 feet of occupation or fraction thereof.

2. Circular lines under pressure and carrying non-flammable, non-explosive, and non-combustible supporting materials, except coal and water slurry: $ 8.00 per inch of inside nominal diameter per 100 feet of occupation or fraction thereof.

3. Circular lines under pressure and carrying flammable, explosive, and combustible supporting materials, and coal and water slurry: $ 17.00 per inch of inside nominal diameter per 100 feet of occupation or fraction thereof.

4. Charges of non-circular pipes shall be determined by the diameter of a circular pipe having an equivalent cross-sectional area.

5. Charges for pipe tunnels or other special underground construction shall be subject to special consideration.

N.J. Admin. Code § 16:77-1.7

Adopted by 56 N.J.R. 1244(b), effective 7/15/2024