New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE
Subchapter 6 - LOT SUBDIVISION, LOT CONSOLIDATION, AND NEW STREET INTERSECTIONS
Section 16:47-6.2 - Lot subdivision

Universal Citation: NJ Admin Code 16:47-6.2

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

(a) A conforming lot fronting on a State highway can be subdivided in a manner that would create:

1. Conforming lots consistent with the provisions of this chapter;

2. One conforming lot and one nonconforming lot; however, the nonconforming lot must have a shared driveway with a conforming lot;

3. A combination of conforming and nonconforming lots. The maximum number of allowable driveways, including shared driveways, shall be based on the number of conforming lots that could potentially be created from the existing conforming lot prior to subdivision; or

4. Only nonconforming lots, if all of the resulting lots are prohibited from access to the State highway by deed restriction or if all lots created utilize a shared driveway. The maximum number of shared driveways shall be based on the number of conforming lots that could potentially be created from the existing conforming lot prior to subdivision.

(b) A nonconforming lot fronting on a State highway can be subdivided if the resulting lots have only one shared driveway, regardless of the number of lots created by the subdivision.

(c) A shared driveway for nonconforming lots created by subdivision shall be the only State highway access for the lots and requires a deed restriction, in perpetuity, for each lot utilizing the shared driveway.

(d) Nonconforming lots on State highways classified as AL 2 may be subdivided to create new street intersections if the resulting lots are prohibited access to the State highway through deed restriction, and they access the State highway through the new street.

(e) Lot subdivision resulting from the dedication of right-of-way to the Department as a condition of an access permit will not require a lot subdivision permit or permit fee.

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