New Jersey Administrative Code
Section 16:47-3.12 - General restrictions

Universal Citation: NJ Admin Code 16:47-3.12

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The Department will not assume any cost involved in the installation of drainage facilities required as part of an access permit.

(b) No part of highway right-of-way shall be used for any private purpose or uses associated with private purposes. The sidewalk area shall be kept clear of buildings, sales exhibits, signs, parking areas, service equipment, and appurtenances.

(c) Trimming or removal of trees or shrubbery within highway right-of-way is not authorized, except as indicated in 16:47-3.1 5(b).

(d) No advertising signs or devices shall be erected on or overhanging State highway right-of-way, nor shall any portion thereof be used for the display of merchandise. The Department can only authorize the erection and maintenance of signs on public property that are regulatory, directional, and warning signs allowed by State laws or authorized by the Department in conjunction with alternative access as set forth in 16:47-4.3(n)5.

(e) No person shall place, maintain, or display upon or in view of any highway, any unauthorized traffic sign, device, or other contrivance which purports to be or is an imitation of, or of such a nature as to be mistaken for, an official traffic sign or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official sign and no person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign, or any traffic signal bearing thereon or on its support, any commercial advertising.

(f) The permittee shall properly safeguard all work performed under the permit and maintain sufficient warning lights, Department approved signs, and safety devices for the protection of the traveling public until the work has been completed.

(g) New access points, if approved by the Department through the permit process, shall be constructed by the lot owner at the lot owner's expense. If there is a concurrent highway improvement project, the Department may provide for construction of the approved access points, at the lot owner's expense.

(h) All work authorized by a permit and performed by a lot owner shall be so conducted that there shall be no interference with any Department structure or facility, on, over, or under the highway, unless permitted by the Department, and shall not interfere with any concurrent work being done as part of a highway improvement project.

(i) Unless curb or curb returns are installed, the Department will not approve construction of driveways closer than five feet (1.5 meters) to inlets or catch basins.

(j) Where a lot adjacent to the highway is to be filled to the highway grade, the permittee may be required to make provision, at his own expense, for disposition of highway drainage by installing pipes of adequate size and material, inlets, catch basins, manholes, headwalls, and ditches as may be necessary to protect the State's drainage rights. Interference with drainage installations must be avoided. The existing cross-section and drainage of highways shall not be disturbed. The longitudinal flow of water along the curbline shall not be interrupted, and it shall be the responsibility of the permittee to make adequate provision for all transverse, lateral, and longitudinal drainage affecting his construction.

(k) No openings shall be permitted in newly constructed or resurfaced highways for a period of five years, without the consent of the Commissioner. This restriction does not apply to the construction of access points.

(l) The Department will not authorize construction work within the limits of its right-of-way which will adversely affect the stability, appearance, or designed function of the highway itself, or any of its component or auxiliary structures.

(m) All lighting, sprinklers, heaters, landscape ties, and other equipment for roadside establishments must be located off highway right-of-way. The Department shall not be responsible for maintenance or replacement of any such appurtenances within its right-of-way, whether authorized by permit or not.

(n) The Department will not approve any access plan that routes site traffic to or through another lot unless the applicant provides adequate documentation of permission from the other lot owner.

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