New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 25 - UTILITY ACCOMMODATION
Subchapter 7A - UTILITY FACILITIES LONGITUDINALLY OCCUPYING LIMITED ACCESS HIGHWAY
Section 16:25-7A.1 - General considerations

(a) Access to the public utility facilities for the purpose of installation, repair or maintenance shall not be achieved from highway ramps or roadways, but rather from local roads or points outside of the limited access highway's control of access line. All access shall be achieved in accordance with the Department approved traffic control plan, pursuant to N.J.A.C. 16:41 and 16:47, and in consultation with the Federal Highway Administration, as applicable.

(b) The public utility company shall defend, indemnify, protect and, save harmless the State of New Jersey and the Department against any and all suits, claims, losses, demands or damages imposed by law as the result of the installation, operation or maintenance of the public utility company's facilities, including, but not limited to, any damage, disruption or interference of other public utility facilities within the limited access highway's right-of-way.

(c) The public utility company shall defend, indemnify, protect and save harmless the State of New Jersey and the Department from any claims or costs associated with damage to the public utility company's facilities or disruption of utility service resulting from Department personnel's operations within the limited access highway's right-of-way, except for gross negligence or intentional misconduct.

(d) Any and all actual costs incurred by the Department for inspection of the installation and repair, or relocation of the public utility company's facilities during construction not resulting from a Department administered project, shall be reimbursed to the Department by the public utility company. An estimate of costs for Department forces will be determined by the Department and shall be remitted to the Department by the public utility company prior to issuance of the agreement or permit. Final costs shall be remitted to the Department within 30 days of invoicing for same.

(e) A public utility company which is granted a longitudinal occupancy permit shall not sell, lease or otherwise transfer any rights of the permit to another public utility company unless such a transfer is approved by the Department. Under no circumstances shall any transfer take place except with another public utility company.