New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE
Subchapter 8 - PERMITS
Section 16:47-8.3 - Grandfathered permits

Universal Citation: NJ Admin Code 16:47-8.3

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

(a) All driveways and streets in existence prior to September 21, 1992, shall be considered grandfathered and to have been constructed in accordance with the provisions of this chapter, if no permit was issued. Lots with grandfathered permits are subject to the requirements of this chapter.

(b) Nonconforming lots or sites with grandfathered permits are subject to maximum trip limitations, as described at N.J.A.C. 16:47-5.2. These lots or sites are subject to these maximum trip limitations, whether or not a significant increase in traffic occurs as a result of an activity described in N.J.A.C. 16:47-8.1(a).

(c) Nonconforming lots or sites with grandfathered permits for which the existing size and type of land use causes the trip generation to exceed the maximum trip limitations for the lot or site, will only be granted a permit under N.J.A.C. 16:47-8.1(a) if the proposed use will not exceed the trip generation granted under the grandfathered permit. Any proposed highway improvements must benefit the State highway.

(d) A determination as to whether a permit for a lot or site is grandfathered or a new permit is needed shall be made as follows:

GRANDFATHERING PERMITS QUESTIONS GRANDFATHERING PERMITS DETERMINATION
1. Does the lot or site owner have a valid permit issued by the Department? Yes. Lot or site is not grandfathered. No. Go to Question 2.
2. Does the Department have a valid permit on file for the lot or site? Yes. Lot or site is not grandfathered. No. Go to Question 3.
3. Is the driveway between the State highway and the lot or site as it exists today, the same as the driveway that existed on September 21, 1992? Yes. Lot or site is grandfathered and allows for the continued use of the driveway and the size and type of land use that existed on September 21, 1992. Go to Question 4. No. Lot or site is not grandfathered and a permit is required.
4. Has the land use changed since September 21, 1992? Yes. A new permit may be required depending on trip generation and lot conformance. No. Lot or site is grandfathered and allows for continuation of the size and type of land use that existed on September 21, 1992. Changes to the size and type of land use may require a new permit. See N.J.A.C. 16:47-8.1(a).

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