New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 25 - UTILITY ACCOMMODATION
Subchapter 13 - WAIVERS
Section 16:25-13.1 - General provisions
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Waivers, as described in this section, apply to all sections of this chapter when reduction, modification, or elimination of requirements are proposed.
(b) No waivers or other relief from design standards or other provisions of this chapter may be granted unless the waiver can be granted without substantial detriment to the safety and operation of the highway and without substantially deviating from the intent and purpose of this chapter.
(c) Applicants seeking a waiver shall submit a request to the Department's appropriate Operations Permit Office as an attachment to the highway occupancy permit application or to the Department's Project Manager responsible for administering the utility agreement. The applicant shall submit a completed Department form MT-159, Request for Waiver, which shall include supporting documentation. A copy of the form shall be provided to the Department's Utility Coordination Unit. The waiver may also need to be reviewed and approved by the Federal Highway Administration, if the highway was designed, constructed, or improved with Federal funds.
(d) If a waiver is granted, the approval will be incorporated in the conditions of the highway occupancy permit or utility agreement for highway projects designed and constructed within the Department's authority.
