N.J. Admin. Code § 19:9-5.2

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

Section 19:9-5.2 - Licenses to cross

(a) A license to cross is a formal agreement with the Authority granting permission to enter upon or access the Roadway or other Authority property. This access pertains to public and private utilities that must occupy the property under, on, or over the Roadway in order to provide service to the public.

(b) In order to apply for a license to cross, a fully completed application form, along with four copies of the engineering plans and specifications, as may be required by the Authority, including, but not limited to, supporting documentation, and the required application fee set forth in this section, shall be submitted to:

Finance Department - Accounts Receivable Section

New Jersey Turnpike Authority

1 Turnpike Plaza, PO Box 5042

Woodbridge, New Jersey 07095

The license to cross application form may be found on the Authority's website, www.njta.com.

(c) The Chief Engineer may approve or reject an application for a license to cross. License to cross applications shall be evaluated based on the following:

1. Adherence to the Authority's Standard Specifications, Procedures Manual, Design Manual, and Traffic Control Manual;

2. The impact on the traveling public and the Roadway;

3. The duration of the request;

4. The criteria contained in N.J.S.A. 27:23-1 et seq., in particular, the provisions of N.J.S.A. 27:23-9, which must be taken into consideration concerning utilization of the Roadway for certain purposes;

5. The general concern exhibited by the applicant for the public health, safety, and welfare;

6. The financial health and stability of the applicant;

7. The effect of the proposed crossing on the financial, economic, operational, or engineering aspects of the activities of the Authority, the public, or neighboring property owners; and

8. Whether the lease of existing Authority infrastructure is a viable alternative to a license to cross.

(d) An application for a license to cross can be rejected based on a violation of, or non-compliance with, any of the requirements of this section. Competing applications will be assessed based on the requirements of this section and the award will be based on the application that most closely serves the needs of the Authority and the public. Appeals of rejected applications will be addressed using the procedure set forth at N.J.A.C. 19:9-5.5.

(e) All license to cross applications that contemplate entry by or work being performed by the applicant or its contractors or agents on the Roadway shall be accompanied by a completed traffic permit application, in accordance with N.J.A.C. 19:9-5.4. The traffic permit application form may be found on the Authority's website, www.njta.com. No work on the Roadway may be commenced by the applicant or its contractors or agents until the Authority has issued a traffic permit in accordance with the procedures set forth at N.J.A.C. 19:9-5.4.

(f) Any work performed on the Roadway without the appropriate license and/or permit shall be considered unauthorized. Parties performing unauthorized work shall be charged for any costs incurred by the Authority as a result of such unauthorized work, plus a $500.00 fine, and shall be required to submit an application for the appropriate license and/or permit and to pay all fees under this section. All unauthorized work shall cease until the appropriate license and/or permit is issued by the Authority. The Authority will inspect the unauthorized work, and the responsible party shall reimburse the Authority for costs incurred in the inspection of the unauthorized work. If, after inspection of the unauthorized work, the Authority determines that there should be repairs, or modifications to, or removal of, the unauthorized work, the Authority shall notify the person who performed the unauthorized work forthwith, and the repairs, modifications, or removal of unauthorized work shall be made by such person at his or her own cost. If such person refuses to remove, repair, or modify the unauthorized work within 30 calendar days of written notice from the Authority, the Authority may, in its sole discretion, and without further notice to the responsible party, remove the unauthorized work and charge the responsible party for the costs incurred in such removal.

(g) The permission granted to occupy the Roadway shall be deemed revocable at the sole discretion of the Authority and shall not be construed to be a grant or conveyance of any interest in land or of any right or interest in property.

(h) Except in the case of a public utility, as described at N.J.S.A. 27:23-6, a license to cross licensee will be responsible for all costs associated with relocating any of the licensee's facilities or equipment determined by the Authority to be impeding or interfering with any Roadway improvements or projects.

N.J. Admin. Code § 19:9-5.2

Amended and recodified from 19:9-2.9 by 49 N.J.R. 3236(b), effective 9/18/2017

Amended by 57 N.J.R. 55(c), effective 1/6/2025