Current through Register Vol. 56, No. 24, December 18, 2024
(a) The
conformance of lots shall be as determined below. This is illustrated in a
flowchart, Appendix F, incorporated herein by reference.
1. Any lot on a State highway segment either
used for a single-family residential unit or vacant and zoned for one
single-family residential unit shall be a conforming lot.
2. Any lot on a State highway segment
designated access level 2 shall be a nonconforming lot, except for those
described in (a)1 above. If the lot is nonconforming, the permissible vehicular
use limitations set forth in (b) below shall be a condition of the
permit.
3. Any lot on a State
highway segment designated access level 6 shall be a conforming lot.
4. The conformance of lots not described in
(a) 1, 2, or 3 above shall be determined using the following spacing distances:
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i. Regarding corner lots, see Appendix I-1. A
corner lot is conforming if the distance between its centerline and the
centerline of the next adjacent, non single-family residential lot is greater
than or equal to the spacing distance and the conditions of either (a)4i (1) or
(2) below are met. A lot either with one single-family residential unit or
vacant and zoned for one single-family residential unit shall not be considered
as an adjacent lot, but its frontage shall be included when determining the
distance to the centerline of the next adjacent lot.
(1) When alternative access will not be
provided to the adjacent side street, the distance between the lot centerline
and the centerline of the adjacent side street right-of-way is greater than or
equal to the spacing distance.
(2)
When alternative access will be provided to the adjacent side street and
one-half of the State highway frontage plus one-half of the side street
frontage is greater than or equal to the spacing distance required on the State
highway.
ii. Regarding
midblock lots, see Appendix I-2. A midblock lot is conforming if the distance
between its centerline and the centerlines of each of the next adjacent, non
single-family residential lots is greater than or equal to the spacing
distance. A lot either with one single-family residential unit or vacant and
zoned for one single-family residential unit shall not be considered as an
adjacent lot, but its frontage shall be included when determining the distance
to the centerline of the next adjacent lot.
iii. Regarding partial denial of access lots,
see Appendix I-3. A partial denial of access lot is conforming if, in the
direction access is permitted, the distance between its presumed centerline and
the centerline of the next adjacent, non single-family residential lot is
greater than or equal to the spacing distance. A lot either with one
single-family residential unit or vacant and zoned for one single-family
residential unit shall not be considered as an adjacent lot, but its frontage
shall be included when determining the distance to the centerline of the next
adjacent lot.
(b) The vehicular use limitations to be
included as a condition of the permit for a nonconforming lot shall be
determined as follows:
1. The abbreviations
and meaning of the variables used in the equations below are as follows:
S Spacing distance, based on the posted speed limit and (a)4
above.
L Left distance between the lot centerline and either the
centerline of the next adjacent non single-family residential lot, the
centerline of the adjacent side street for a corner lot, or one-half of the
State highway frontage plus one-half of the side street frontage for a corner
lot with alternative access. The maximum distance for L cannot exceed S.
R Right distance measured similar to L above. The maximum
distance for R cannot exceed S.
A Area of the lot expressed in acres (hectares must be
converted to acres), but no greater than 3.0 on urban State highway segments
and 2.0 on rural State highway segments.
V Permissible peak hour vehicular trips (total to and from
the lot).
2. For urban State
highway segments, the highest A.M., P.M., or Saturday permissible peak-hour
vehicular trips for the direct access between the lot and the State highway
shall be determined using the following formula:
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3. For
rural State highway segments, the highest A.M., P.M., or Saturday permissible
peak-hour vehicular trips for the direct access between the lot and the State
highway shall be determined using the following formula:
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4. The
Department shall increase the permissible peak-hour vehicular use (V) by a 15
percent bonus if a lot has either of the features in (b)4i or ii below. There
is a maximum of two bonuses (Vmax = 1.3V) for those lots having both of the
features in (b)4i and ii below.
i. Shared
State highway access with another lot which has State highway frontage.
Motorists must be able to drive directly between the two lots.
ii. Alternative access to a street other than
the State highway.
5.
The Commissioner shall impose a maximum vehicular use limitation, calculated
using the formulas in (b)2 through 4 above, as a condition of an access permit
on each nonconforming lot. The traffic generation of the lot shall not exceed
the vehicular use limitation based on the average traffic operation of the use
proposed on the lot, as derived from the Institute of Transportation Engineers'
publication entitled "Trip Generation, 6th Edition," 1997 or superseding
edition, or superseding rates adopted by the Department. For land uses not
included in these sources or when an applicant believes these rates are not
representative, the Department may accept alternative evidence of
representative rates. On lots with alternative access, the vehicular use
limitations only apply to the State highway access.
(c) The number of access points on the State
highway shall be one for a nonconforming lot and shall be determined as set
forth below for a conforming lot. On divided highways two one-way access points
may be substituted for each two-way access point.
1. One two-way access point shall be allowed
for a minor permit even if the conditions of (c)4, 5 or 6 below are
met.
2. A maximum of two two-way
access points may be allowed for a major permit if the second access point will
significantly benefit the safety and efficiency of the State highway and meet
the requirements in (c)4 or 6 below.
3. Two or three two-way access points may be
allowed for a major permit with a planning review if the second and third
access points will significantly benefit the safety and efficiency of the State
highway and meet the requirements in (c)4, 5 or 6 below.
4. Two two-way access points may be allowed
on a midblock lot which has a minimum of three times the spacing distance
between the centerlines of each of the next adjacent non single-family
residential lots. See Appendix I-4. (L[2] + R[2] 3 X S)
5. Three two-way access points may be allowed
on a midblock lot which has a minimum of four times the spacing distance
between the centerline of each of the next adjacent non-single family
residential lots. See Appendix I-4. (L[2] + R[2] 4 X S)
6. A maximum of two two-way access points may
be allowed on a corner lot which has at least three times the spacing distance
between the centerline of the next adjacent non single-family residential lot
and:
i. The centerline of the adjacent side
street; or
ii. The centerline of
the side street frontage when measured along the lot frontage and when
alternative access is provided to the adjacent side street.
(d) The following
provisions apply to shared access:
1. Two or
more adjacent lots can be treated as a single lot if the lots share a single
driveway. The determination of conformance set forth in (a)4 above, shall then
be made for the combination. If the combination is conforming, then no
vehicular use limitations shall be applied. If the combination is
nonconforming, then the permissible vehicular use limitations set forth in (b)
above shall be determined for the combination.
2. The Department will only approve a
subdivision which creates a nonconforming lot if all of the following
conditions are provided:
i. The nonconforming
lot created shares access with an adjacent lot;
ii. The shared access is the only direct
state highway access for the lots; and
iii. There is a perpetual condition written
into the deed for each lot establishing the shared access.
3. No bonus pursuant to (b)4i above shall
apply to nonconforming lots created under (d)2 above. In addition, if a
nonconforming lot is subdivided, the permissible vehicular use limitation shall
not increase as a result of the subdivision.
(e) The location of unsignalized access
points shall be established using the access point control dimensions set forth
in N.J.A.C. 16:47-3.8 and safety
considerations based on sight distance and other geometric requirements found
in the "New Jersey Department of Transportation Design Manual-Roadway."
Unsignalized access points shall only be located where the traffic volumes at
the access points do not meet the warrants set forth in Part 4C of the "Manual
on Uniform Traffic Control Devices for Streets and Highways" (U.S. Department
of Transportation, Federal Highway Administration 1988 edition or a superseding
edition). Unsignalized access points, whether on conforming or nonconforming
lots, shall also be subject to the following requirements:
1. Whenever possible, unsignalized access
points on divided highways for major traffic generators involving left-turn
ingress and egress should be located at existing median breaks, if any exist,
and where access points would conform to the traffic signal spacing
requirements set forth in
N.J.A.C.
16:47-3.4.
2. If future traffic volumes could warrant
installing a traffic signal and signalized spacing requirements cannot be met,
as a condition of the access permit, the Commissioner may, at such time as
future traffic volumes are reached, close the left-turn access in accordance
with N.J.A.C. 16:47-4.3 3(b).
3. If an undivided highway becomes divided,
as a condition of the access permit, the Commissioner may at such time close
the left-turn access in accordance with
N.J.A.C.
16:47-4.3 3(b).
4. For access points on a divided highway,
the following apply whenever possible:
i. The
spacing of right-turn access on each side of a divided highway may be treated
separately.
ii. Where left-turns at
median breaks are involved, the access shall line up or be offset from the
median break by at least the minimum spacing distance or 300 feet (91.5
meters), whichever is greater.
5. Whenever possible, on undivided highways,
access on both sides of the road shall be aligned. Where this is not possible,
it is desirable to have the centerlines of access points offset at least 200
feet (61 meters).
6. No access
point shall be located along an acceleration, deceleration, or exclusive
right-turn or left-turn lane where the lane is at its full width. This
prohibition does not apply:
i. Along two-way
left-turn lanes;
ii. To a right
turn in-only access point from a divided highway adjacent to a left-turn
lane;
iii. To access points on the
opposite side of a highway within the limits of a right-turn lane;
iv. To access to a lot zoned and used for a
single-family residential unit; or
v. To the portion of a deceleration lane for
a reverse loop jughandle which precedes a street intersection.
7. An access point may have a
bifurcated driveway with separate driveways for ingress and egress. The
distance between such driveways shall be at least 50 feet (15.25 meters)
measured centerline to centerline.
8. A left-turn lane shall be provided for
access points on State highway segments with access level 4 when the criteria
set forth in "Transportation and Land Development", Figure 5-15 and "Highway
Research Record 211","Volume Warrants for Left-Turn Storage Lanes at
Unsignalized Grade Intersections", incorporated herein by reference, are met.
Left-turn access shall be prohibited if the criteria have been met but there is
insufficient space for a left-turn lane, unless the Commissioner determines
that left-turns can be made safely, considering traffic volumes and sight
distances.
9. If the criteria set
forth in "Transportation and Land Development", Figure 5-15, and "Highway
Research Record 211", "Volume Warrants for Left-Turn Storage Lanes at
Unsignalized Grade Intersections", incorporated herein by reference, have not
been met, the Commissioner may decide to permit left-turn access, pursuant to
(e)8 above, if the applicant improves the highway shoulder to enable the
bypassing of vehicles waiting to turn left into the access point.
10. Acceleration and deceleration lanes shall
be provided in accordance with the "New Jersey Department of Transportation
Design Manual-Roadway" for all State highways except for interstate highways.
Acceleration and deceleration lanes on interstate highways shall be provided in
accordance with the American Association of State Highway and Transportation
Officials, "A Policy on Geometric Design of Highways and Streets," 1994 or
superseding edition.
11. Access
points shall be designed to enable vehicles to leave the State highway without
restriction, queuing, or hesitation on the highway. Access shall not be
approved for parking areas that require backing maneuvers within the State
highway right-of-way. All off-street parking areas must include on-site
maneuvering areas and aisles to permit vehicles to enter and exit the site
without hesitation. An applicant shall not place a gate on Department right of
way. If an access point is gated, the gate shall be a minimum of 50 feet (15.25
meters) from the curbline, and there shall be provisions for U-turns without
the need for vehicles to back onto the highway.
12. Approval of an access point in accordance
with the terms of the Access Code does not relieve the permittee of an
obligation to provide any requirements deemed necessary under
N.J.A.C.
16:47-4.3 4.
(f) On all State highways classified as
access level 2:
1. New street intersections
may be created, even if they cause nonconforming lots to be less
conforming.
2. If a lot has
frontage on a road other than a State highway, no direct access shall be
allowed.
(g) On all
State highways classified as access level 3, 4, and 5, a street proposed to
extend to the State highway may only intersect a State highway if it does not
create nonconforming lots on either side of the intersection or if the
nonconforming lots created have no direct access to the State
highway.