New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 38 - ROADSIDE, DRAINAGE, UNUSUAL, AND DISASTER MAINTENANCE
Subchapter 3 - RESPONSIBILITY FOR MAINTENANCE
Section 16:38-3.1 - Policies
Universal Citation: NJ Admin Code 16:38-3.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Maintenance policies are as follows:
1. Maintenance of sidewalks or
driveways within the right-of-way limits shall be the responsibility of the owner of
the abutting property regardless of the conditions of original construction. In the
absence of a conflicting ordinance or jurisdictional agreements, sidewalks within
the right-of-way limits will be maintained by the Department under any of the
following conditions:
i. The sidewalk is a part of
a State highway structure or grade separation;
ii. The sidewalk is not accessible to the owner of
the abutting property due to Department control of access (such as right-of-way,
noisewalls or chain link fence); or
iii.
The Department is the owner of the abutting property.
(b) Replacement policies are as follows:
1. A sidewalk or driveway that is
destroyed, substantially damaged or relocated as a direct or indirect result of an
operation of the Department will, where necessary, be replaced by the Department to
the extent and within the limits of the destruction, substantial damage or regrading
or relocation, regardless of ownership. Such replacement will be guaranteed by the
Department against defects of workmanship or material, up to a period of two years
from completion of installation.
(c) Snow removal policies are as follows:
1. Owners of the property abutting a highway,
road, street or thoroughfare under State jurisdiction shall be entirely responsible
for the clearing of snow and ice from all abutting sidewalks and abutting driveway
cuts, openings or aprons, whether or not they are located on public or private
property. No snow or ice clearing costs incurred directly or indirectly by abutting
property owners or their tenants, will be reimbursed by the State or any public
entity for any reason, including, but not limited to, circumstances where snow or
ice has been placed upon such areas as a result of the State or State contractor's
snow or ice clearing operations.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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