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 16:47-6.5 - Process

Universal Citation: NJ Admin Code 16:47-6.5

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

(a) The Department may propose the development of an access management plan for any lots fronting on any segment of the State highway system. The proposal shall be initiated by notice to:

1. The mayor of any municipality within which the subject highway segment is located;

2. The mayor of any other municipality within which any proposed improvements designed to provide access to lots fronting on the segment are located;

3. The mayor of any municipality whose local roads would provide access from the lots covered by the access management plan to the subject highway segment;

4. The chief governing official of any county within which the segment is located if a county road intersects such segment;

5. The mayor or chief governing official of any contiguous municipality and chief governing official of any county if the improvements contemplated by the access management plan necessitate coordinated improvements in such municipality or county or if the cooperation of such municipality and county is otherwise necessary;

6. The heads of transportation development districts within which the proposed improvements or lots for which access is designed are located;

7. The heads of transportation management associations whose geographical jurisdiction encompasses all or a portion of a subject highway segment;

8. The heads of independent toll road authorities having jurisdiction over a roadway or ramp intersecting the subject highway segment; and

9. The heads of the metropolitan planning organizations whose geographical jurisdiction encompasses all or a portion of a subject highway segment.

(b) Any municipality may notify the Department by letter addressed to the Commissioner of Transportation, Attention: Director, Division of Transportation Systems Planning, NJ Department of Transportation, 1035 Parkway Avenue, PO Box 609, Trenton, NJ 08625-0609, of a proposal to develop an access management plan for lots fronting on a subject highway segment, provided that the municipality is one within which such segment is located or is one within which improvements proposed to be made as part of the plan are located or within which a municipal road which would provide access to the lots fronting on the segment is located. At the same time, the municipality shall notify those persons identified in (a) above. Any county interested in initiating an access management plan for a State highway shall ask the affected municipalities to proceed as required in this subsection.

(c) The public agency initiating the proposal shall bear 50 percent of the cost of developing the access management plan, and the remaining cost shall be shared equally by the other public agencies participating in the joint planning process, except that the expenses for reproduction, travel, communication, and supplies shall be borne by each public agency. Costs to be shared shall include the time of on-staff professionals and of consultants. In the case of joint initiation, one public agency shall be designated as the initiator and shall be responsible for conveying the 50 percent cost share to the Department.

(d) The Commissioner shall arrange for a preliminary meeting or meetings as soon as practical between representatives of the Division of Transportation Systems Planning and the public agencies that received notice pursuant to (a) above. In the case of a municipally initiated proposal, however, the first meeting shall take place not later than 60 days after receipt by the Commissioner of the notice from the municipality. At the meeting or meetings, the public agency initiating the proposal shall present such proposal in such detail as it deems appropriate.

(e) The Commissioner, within 30 days of the last preliminary meeting, shall send to the represented public agencies written notice of the Department's decision whether or not to proceed with the development of the access management plan.

(f) Should the invited municipalities and counties decide to proceed with the development of the access management plan, the municipal governing body or county board of chosen freeholders shall, after receipt of a written notice from the Commissioner indicating that the Department agrees to proceed, adopt resolutions:

1. Agreeing to enter into the joint planning process with the Department;

2. Agreeing to share in the cost of developing such plan, either by providing in-kind services or cash contributions, and specifying the respective shares of each municipality and county and of the Department; and

3. Designating a primary contact person who shall be authorized to act on behalf of the municipality or county.

(g) Should any of the heads of organizations listed in (a)6 through 9 above receiving notice decide to participate in the development of the access management plan, they shall notify the Commissioner thereof, in writing, and, when so doing, designate a primary contact person.

(h) The Commissioner, shall notify each primary contact person, within 120 days of sending the notice pursuant to (e) above, that all resolutions have been received and that the joint planning process may begin. The date of this notice shall be known as the start date for the proposed access management plan. The Commissioner may also, at his or her discretion, provide such notification even if:

1. A municipality or county does not submit such resolution, in which case the access management plan shall not set forth means of access to or improvements on lots within such county or municipality; or

2. An independent toll road authority, transportation development district, transportation management association, or metropolitan planning organization fails to provide notice.

(i) The primary contact people shall constitute the working committee for the access management plan and shall be jointly responsible for maintaining the progress of the work activities. The committee shall be chaired by the Department's primary contact person. Meetings shall be held as often as necessary to formulate the access management plan, but no less than once a month. All primary contact people shall receive advance written notice of the meetings.

(j) A progress report signed by all members of the working committee shall be submitted to the Commissioner every 90 days from the start date.

(k) The committee shall submit the proposed access management plan, in the form of the report and map set forth in 16:47-6.4, to the Commissioner within 360 days of the start date or such later time as may be agreed to by the Commissioner upon a showing by the working committee that completion within the required time is impractical. The extension shall be no greater than 180 days. At the time the proposed access management plan is submitted, each contact person, other than the Department representative, shall submit a resolution from the governing body of his or her municipality or county approving the draft access management plan. At such time, the working committee shall also submit such background reports as are necessary. Such reports shall include at least the names of the working committee members, a chronicle of the start and the completion dates of the different tasks, copies of all municipal and county resolutions, and a complete set of all progress reports and such engineering plans as have been prepared in support of the access management plan.

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