Assemblyman JOHN F. MCKEON
District 27 (Essex)
Revises “State Highway Access Management Act.”
CURRENT VERSION OF TEXT
An Act concerning State highway access, amending various sections in Title 27 of the Revised Statutes, amending and supplementing P.L.1975, c.291, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.27:7-1 is amended to read as follows:
27:7-1. As used in this subtitle:
"Access code" means the State highway access management code adopted by the commissioner under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91).
"Access permit" means a permit issued by the commissioner pursuant to sections 4 and 5 of P.L.1989, c.32 (C.27:7-92 and 27:7-93), for the construction and maintenance of a driveway or public street or highway connecting (1) to a State highway; or (2) to a county or local road if the development on the county or local road will generate 200 or more new vehicle trips during any peak hour onto a State highway, whether or not that development has direct access to a State highway.
"Authority" means a governing body or public official charged with the care of a highway.
"Betterment" means construction, subsequent to the original improvement, of any one or more of the component factors properly belonging to the original improvement, which may have been omitted in the original improvement of a road, or which adds to the value thereof after improvement.
"Commissioner" means the Commissioner of Transportation.
"County road" means a road taken over, controlled or maintained by the county.
"Department" means the Department of Transportation, acting through the commissioner or such officials as may be by the commissioner designated.
"Driveway" means a [private roadway providing access to a public street or highway] point of access from a road or street to a public or private lot. A driveway is not a road, street, or highway.
"Engineer" means the [Deputy Commissioner of Transportation] State transportation engineer, or the deputy State transportation engineer, when designated.
"Extraordinary repairs" means extensive or entire replacement, with the same or a different kind of material, of one or more of the component factors of the original improvement of a road, which may become necessary because of wear, disintegration or other failure.
"Governing body" means the mayor and council, town council, village trustees, commission or committee of any municipality, and the board of chosen freeholders of any county.
"Highway" means a public way for purposes of vehicular travel, including the entire area within the right-of-way, whether open or improved or not, including all existing factors of improvements.
"Improvement" means the original work on a road or right-of-way which converts it into a road which shall, with reasonable repairs thereto, at all seasons of the year, be firm, smooth and convenient for travel. "Improvement" shall consist of location, grading, surface, and subsurface drainage provisions, including curbs, gutters, and catch basins, foundations, shoulders and slopes, wearing surface, bridges, culverts, retaining walls, intersections, private entrances, [guard] guide rails, shade trees, illumination, guideposts and signs, ornamentation and monumenting. "Improvement" also may consist of alterations to driveways and local streets, acquisition of rights-of-way, construction of service roads and other actions designed to enhance the functional integrity of a highway. All of these component factors need not be included in an original improvement.
"Jurisdiction" means the civil division of the State, over the roads of which any authority may have charge.
"Maintenance" means continuous work required to hold an improved road against deterioration due to wear and tear and thus to preserve the general character of the original improvement without alteration in any of its component factors.
"Major access permit" means a permit for access serving shopping centers, business establishments, manufacturing plants, parking or sales lots, truck terminals, churches, recreational areas, subdivisions, housing projects and [similar] other establishments where the expected two-way traffic volume is 500 cars or more per day or the site will generate 200 or more vehicle trips during any peak hour onto a State highway, with or without speed-change lanes involved.
"Minor access permit" means a permit for access serving shopping centers, business establishments, manufacturing plants, parking or sales lots, truck terminals, churches, recreational areas, subdivisions, housing projects and [similar] other establishments where the expected two-way traffic volume is less than 500 cars per day.
"Public utility" means and includes every individual, copartnership, association, corporation or joint stock company, their lessees, trustees, or receivers appointed by any court, owning, operating, managing or controlling within the State of New Jersey a steam railroad, street railway, traction railway, canal, express, subway, pipe line, gas, electric, light, heat, power, water, oil, sewer, telephone, telegraph system, plant or equipment for public use under privileges granted by the State or by any political subdivision thereof.
"Reconstruction" means the rebuilding with the same or different material of an existing improved road, involving alterations or renewal of practically all the component factors of which the original improvement consisted.
"Repairs" means limited or minor replacements in one or more of the component factors of the original improvement of a road which may be required by reason of storm or other cause in order that there may be restored a condition requiring only maintenance to preserve the general character of the original improvement of a road.
"Resurfacing" means work done on an improved road involving a new or partially new pavement, with or without change in width, but without change in grade or alignment.
["Road" means a highway other than a street, boulevard or parkway.]
Right-of-way” means a defined corridor of contiguous land dedicated to or preserved for transportation purposes.
"Route" means a highway or set of highways including roads, streets, [boulevards, parkways,] bridges and culverts needed to provide direct [communication] transportation between designated points.
"State highway" means a [road] way for purposes of vehicular travel, including the entire area within the right-of-way, whether or not open or improved, including all existing factors of improvements, that has been taken over and is maintained by the State.
"State highway system" means all highways included in the routes set forth in this subtitle, or added thereto, including all bridges, culverts, and all necessary gutters and guard rails along the route thereof.
"Street" means [a highway in a thickly settled district where, in a distance of 1,320 feet on the center line of the highway, there are 20 or more houses within 100 feet of the center line; or any highway which the governing body in charge thereof and the commissioner may declare a street, and all highways within incorporated municipalities of over 12,000 population; and includes boulevards, parkways, speedways, being highways maintained mainly for purposes of scenic beauty or pleasure, or of which the public use is restricted] any public or private right-of-way, road, or highway, whether open or improved or not, including all existing factors of improvements, that services multiple lots and connects to another street, road, or highway.
"Take over" means the action by the department in assuming the control and maintenance of a part of the State highway system.
"Work" means and includes the:
a. Acquisition, by lease, gift, purchase, demise or condemnation, of lands for any purpose connected with highways or adjoining sidewalks, for temporary or permanent use;
b. Laying out, opening, construction, improvement, repair and maintenance of highways and removal of obstructions and encroachments from adjoining sidewalks;
c. Building, repair and operation of bridges;
d. Building of culverts, walls and drains;
e. Planting of trees;
f. Protection of slopes;
g. Placing and repair of road signs and monuments;
h. Opening, maintenance and restoration of detours;
i. Elimination of grade crossings;
j. Lighting of highways;
k. Removal of obstructions to traffic and to the view;
l. Surveying and preparation of drawings and papers;
m. Counting of traffic;
n. Letting of contracts;
o. Purchase of equipment, materials and supplies;
p. Hiring of labor;
q. And all other things and services necessary or convenient for the performance of the duties imposed by this title.
(cf: P.L.1989, c.32, s.11)
2. Section 2 of P.L.1989, c.32 (C.27:7-90) is amended to read as follows:
2. The Legislature finds and declares that:
a. The purpose of the State highway system is to serve as a network of principal arterial routes for the safe and efficient movement of people and goods in the major travel corridors of the State.
b. The existing State highways which comprise the State highway system were constructed at great public expense and constitute irreplaceable public assets.
c. The State has a public trust responsibility to manage and maintain effectively each highway within the State highway system to preserve its functional integrity and public purpose for the present and future generations.
d. Land development activities and unrestricted access to State highways can impair the purpose of the State highway system and damage the public investment in that system.
e. Every owner of property which abuts a public road has a right of reasonable access to the general system of streets and highways in the State, but not to a particular means of access. The right of access is subject to regulation for the purpose of protecting the public health, safety and welfare.
f. Governmental entities through regulation may not eliminate all access to the general system of streets and highways without providing just compensation.
g. The access rights of an owner of property abutting a State highway must be held subordinate to the public's right and interest in a safe and efficient highway.
h. It is desirable for the Department of Transportation to establish through regulation a system of access management which will protect the functional integrity of the State highway system and the public investment in that system.
i. Areas characterized by extensive commercial activity oriented toward and dependent upon a State highway should not be classified by reason of that level of activity as urban environments for access management purposes, and where an area is also characterized by excessive driveway openings, excessive traffic congestion, excessive accident rates, or undesirably low average rates of speed the Department of Transportation should manage the State highway within the area to mitigate these nuisances.
j. The Department of Transportation should, in implementing an access management program, avoid undue burdens on property owners and should, where feasible, incorporate mitigation measures into comprehensive highway improvement programs.
k. Improved access management is beneficial for streets and highways of every functional classification, and a statutory plan providing for improved management should enable counties and municipalities to take full advantage of its provisions.
l. In order to strengthen the Department of Transportation’s Highway Access Policy, it is necessary for the Department of Transportation to regulate the impact of any development that will cause a significant increase in traffic volume on State highways, whether or not that development occurs on a State highway.
m. Requiring developers to obtain access permits to construct developments along county and municipal roads in the vicinity of State highways would strengthen the department’s control over traffic entering onto State highways and help to coordinate municipal and county transportation planning with State highway transportation planning.
n. In reviewing such applications for developments that may generate increased traffic on State highways, consistency with the State Development and Redevelopment Plan and smart growth principles, such as fostering economic growth, protecting natural resources, and making communities more livable by reducing sprawl development patterns and resulting traffic congestion should be taken into account.
o. The establishment of standards for vehicle trips, travel demand management, and parking requirements will facilitate management of the State highway system.
(cf: P.L.1989, c.32, s.2)
3. Section 3 of P.L.1989, c.32 (C.27:7-91) is amended to read as follows:
3. a. The Commissioner of Transportation shall, within one year of the effective date of this amendatory and supplementary act, adopt as a regulation under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a State highway access management code (hereinafter, "access code") providing for the regulation of access to State highways. [The commissioner shall hold at least five public hearings in various locations throughout the State to receive public comment on the proposed access code, and shall give notice of these hearings at least 15 days in advance thereof in newspapers having general circulation in the localities in which the hearings are to be held. At one of these hearings the members of the Senate Transportation and Communications Committee, or its successor, and at another hearing the members of the Assembly Transportation and Communications Committee, or its successor, shall be invited to sit with the commissioner and participate in the public hearing. In each case the commissioner shall preside at the hearing and it shall be the commissioner's duty to give reasonable notice to the members of the appropriate committee of the time and place of the holding of the hearing. Prior to the holding of the public hearings the commissioner shall submit the draft access code to the advisory committee established pursuant to subsection i. of this section for its comments and recommendations. The advisory committee shall also be afforded the opportunity to provide additional comments and recommendations following the completion of these hearings and before the access code is proposed for adoption under the provisions of the "Administrative Procedure Act."
The Senate Transportation and Communications Committee, or its successor, and the Assembly Transportation and Communications Committee, or its successor, shall also be notified by the commissioner of the provisions of the access code at the time it is proposed for adoption under the provisions of the "Administrative Procedure Act." In addition, following the adoption of the access code, the commissioner shall notify the Senate Transportation and Communications Committee, or its successor, and the Assembly Transportation and Communications Committee, or its successor, of any proposed revisions to the access code at the time these revisions are proposed for adoption under the provisions of the "Administrative Procedure Act."]
b. The access code shall establish a general classification system for the State highway system. The classification system shall be based upon the following criteria: (1) the function that segments of State highway serve and are planned to serve within the State highway system and within the general system of streets and highways, (2) the [environment] context within which highways are located, including but not limited to urban and rural [environments] areas, (3) the appropriate and desirable balance between facilitating safe and convenient movement of through traffic and providing direct access to abutting property, [and] (4) the desirable rate of speed and the degree to which through traffic should be protected from major variations in speed, (5) the goals, policies, and objectives of the State Development and Redevelopment Plan adopted pursuant to P.L.1985, c.398 (C.52:18A-196 et al.), including the policy objectives and intentions for each relevant planning area including any designated center, and (6) the provisions of any municipal, county, or regional plan that has been endorsed by the State Planning Commission pursuant to N.J.A.C.5:85, State Planning Rules, adopted pursuant to section 8 of P.L.1985, c.398 (C.52:18A-203). Each State highway segment shall have its classification identified in the access code.
c. For each highway classification identified, the access code shall establish standards for:
(1) The geometric design of driveways and of intersections and interchanges with other streets and highways, (2) the desirability of constructing driveways and interchanges with grade separations, and (3) minimum and desirable spacing of driveways and intersections and interchanges.
The access code also shall set forth alternative design standards for each highway classification which, combined with limits on vehicular use, can be applied to lots which were in existence prior to the adoption of the access code and which cannot meet the standards of the access code.
The access code shall establish standards for (1) promoting the interconnection or adjacent developments through local and county highways and service roads along State highways, (2) incorporating access to parcels on the State highway right-of-way with developments in the interior portions of the site, and (3) complying with safety and traffic congestion relief objectives of the Department of Transportation.
d. The access code shall set forth administrative procedures for the issuance of access permits. The code shall include a provision providing for a period of time for the renewal, issuance, modification or denial of these permits, not to exceed 200 days from the date of receipt of the completed application for a major access permit and not to exceed 45 days from the date of receipt of the completed application for a minor access permit.
e. The access code shall contain standards suitable for adoption by counties and municipalities for the management of access to streets and highways under their jurisdiction.
f. The commissioner may adopt, as supplements to the access code, site-specific access plans for individual segments of a State highway. Any access plan adopted in accordance with this subsection shall be developed jointly by the Department of Transportation and the municipality in which the highway segment is located and, where a county road intersects the State highway, by the county in which the State highway segment is located. Prior to incorporating a site-specific access plan into the access code, the commissioner shall determine: (1) that the access plan conditions have been incorporated into the master plan and land development ordinances of the municipality, (2) that the access plan complies with or exceeds the standards established in the access code, [and] (3) that an appropriate means of access has been identified for every lot currently having frontage on the highway segment, (4) that the access plan complies with the goals, policies, and objectives of the State Development and Redevelopment Plan adopted pursuant to P.L.1985, c.398 (C.52:18A-196 et al.), including the policy objectives and intentions for each relevant planning area including any designated center, and (5) the provisions of any municipal, county, or regional plan that has been endorsed by the State Planning Commission pursuant to N.J.A.C.5:85, State Planning Rules, adopted pursuant to section 8 of P.L.1985, c.398 (C.52:18A-203).
g. The access code shall include provision under which any person may submit to the commissioner, in writing, a request for a change in the classification of a specified segment of State highway. This provision shall also require the commissioner to notify affected counties and municipalities of such a request, require the commissioner to respond in writing to the request within a specified time, specify what data, evidence, information, comments, or arguments the commissioner is to consider in evaluating the request, and affirm that any request made by any person is in addition to, and not in lieu of, any other administrative or other remedy that person may have under the "Administrative Procedure Act" or any other law.
h. The access code may require financial contributions toward the cost of constructing public improvements of streets and highways but no permit applicant shall be required to contribute an amount that exceeds his fair share of the costs of off-site improvements that have a rational nexus with the proposed development on the property for which the permit is requested. The "fair share" shall be based upon the added traffic growth attributable to the development.
i. [There is established in the Department of Transportation an Access Code Advisory Committee which shall consist of 11 members, three of whom shall be appointed by the Governor upon recommendation of the President of the Senate, no more than two of whom shall be of the same political party; three of whom shall be appointed by the Governor upon recommendation of the Speaker of the General Assembly, no more than two of whom shall be of the same political party; and five of whom shall be appointed by the Governor from among the following: one shall be a traffic engineer, one shall be a developer engaged substantially in residential construction, one shall be a developer engaged substantially in commercial, industrial or office building construction, one shall represent the State Chamber of Commerce, and one shall represent the New Jersey Business and Industry Association. Of the 11 members no more than two shall be developers or represent the interests of developers. The chairman of the committee shall be appointed by the Governor from among the members of the committee. It shall be the duty of the committee to make comments and recommendations on the access code as provided in subsection a. of this section, which shall include analysis of methods and procedures to assure the timely and equitable consideration and processing by the department of access permit requests, and to otherwise consult with and advise the commissioner on the code. The members of the committee shall not receive compensation for their services as members of the committee. Each member shall be reimbursed by the department for his actual expenses necessarily incurred in attending meetings of the committee. The committee shall be dissolved on the 30th day following the adoption of the access code.] (Deleted by amendment, P.L. , c. .) (pending before the Legislature as this bill)
j. In determining the acceptable levels of service that applicants for access permits must satisfy, the department shall take into account, among other factors, existing levels of service for the highway and vicinity, the availability of alternative routes and modes of transportation, and the applicable policy objectives for that area as articulated in the State Transportation Plan adopted pursuant to section 5 of P.L.1966, c.301 (C27:1A-5), and any subsequent amendments thereto, the goals, policies, and objectives of the State Development and Redevelopment Plan, including the policy objectives and intentions for each relevant planning area that has been endorsed by the State Planning Commission pursuant to N.J.A.C.5:85, State Planning Rules, adopted pursuant to section 8 of P.L.1985, c.398 (C.52:18A-203).
(cf: P.L.1989, c.32, s.3)
4. Section 4 of P.L.1989, c.32 (C.27:7-92) is amended to read as follows:
4. a. Any person seeking to construct or open: (1) a driveway or [public] street or highway entering into a State highway, or (2) a development that will generate 200 or more new trips as determined under the provisions of the access code during any peak hour on a State highway, whether or not that development requires direct access to a State highway, shall first obtain an access permit from the commissioner.
b. Every access permit, including street opening permits, in effect on the effective date of this amendatory and supplementary act shall remain valid and effective until revoked or replaced.
c. Every State highway intersection with a driveway or public street or highway in existence prior to January 1, 1970 shall be assumed to have been constructed in accordance with an access permit, even if no permit was issued.
d. Access permits issued under this amendatory and supplementary act may contain whatever terms and conditions the commissioner finds necessary and convenient for effectuating the purposes of this amendatory and supplementary act, including but not limited to, the condition that a permit shall expire when the use of the property served by the access permit changes resulting in a significant increase in traffic or is expanded. Any increase in traffic that adds the greater of 100 movements during the peak hour, or 10 percent of the previously anticipated daily movements shall be considered significant. For projects for which a completed application has been made to the department for an access permit and which have received preliminary site plan approval or subdivision approval from the municipal approval authority pursuant to "The Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), as of the date of the adoption of the access code, permit applications for that project shall be reviewed and approved according to the permit requirements in effect immediately prior to that date.
e. Any person constructing, maintaining or opening: (1) a driveway or [public] street or highway entering into a State highway, or (2) a development that will generate 200 or more new trips as determined under the provisions of the access code during any peak hour on a State highway, whether or not that development requires direct access to a State highway, except as authorized by law, is subject to a civil penalty of [$100] $1,000. Each day in which an unauthorized driveway or [public] street or highway [entering into a State highway] or development requiring an access permit is open, following written notice from the commissioner that the driveway or [public] street or highway or development is not authorized by law, is a separate violation. The commissioner may, in addition to or in conjunction with initiating a civil action for collection of this penalty, initiate an action in the Chancery Division of the Superior Court for injunctive relief.
(cf: P.L.1989, c.32, s.4)
5. Section 26 of P.L.1975, c.291 (C.40:55D-35) is amended to read as follows:
26. [Building lot to abut street.] No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map or shall be (1) an existing State, county or municipal street or highway, or (2) a street shown upon a plan approved by the planning board, or (3) a street on a plat duly filed in the office of the county recording officer prior to the passage of an ordinance under this act or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street and, (2) it shall have been established that the proposed access conforms with the standards of the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), in the case of a State highway, and that any access permit required pursuant to that act and the code adopted pursuant thereto has been issued by the Commissioner of Transportation, whether or not the building lot requires access to a State highway, with the standards of any access management code adopted by the county under R.S.27:16-1 in the case of a county road or highway, and with the standards of any municipal access management code adopted under R.S.40:67-1 in the case of a municipal street or highway.
(cf: P.L.1989, c.32, s.23)
6. Section 29 of P.L.1975, c.291 (C.40:55D-38) is amended to read as follows:
29. [Contents of ordinance.] An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include the following:
a. Provisions, not inconsistent with other provisions of this act, for submission and processing of applications for development, including standards for preliminary and final approval and provisions for processing of final approval by stages or sections of development;
b. Provisions ensuring:
(1) Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance;
(2) Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the official map, if any, and the circulation element of the master plan, if any, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width, or already has been shown on the master plan at the greater width, or already has been shown in greater width on the official map;
(3) Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;
(4) Suitable size, shape and location for any area reserved for public use pursuant to section 32 of this act;
(5) Reservation pursuant to section 31 of this act of any open space to be set aside for use and benefit of the residents of planned development, resulting from the application of standards of density or intensity of land use, contained in the zoning ordinance, pursuant to subsection c. of section 52 of this act;
(6) Regulation of land designated as subject to flooding, pursuant to subsection e. of section 52 of this act, to avoid danger to life or property;
(7) Protection and conservation of soil from erosion by wind or water or from excavation or grading;
(8) Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the "Air Safety and Hazardous Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), for any airport hazard areas delineated under that act;
(9) Conformity with a municipal recycling ordinance required pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.16);
(10) Conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), with respect to any State highways within the municipality and any access permit required pursuant to that act and the code adopted pursuant thereto;
(11) Conformity with any access management code adopted by the county under R.S.27:16-1, with respect to any county roads within the municipality;
(12) Conformity with any municipal access management code adopted under R.S.40:67-1, with respect to municipal streets;
(13) Protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas, which provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection;
(14) Conformity with the public safety regulations concerning storm water detention facilities adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1) and reflected in storm water management plans and storm water management ordinances adopted pursuant to P.L.1981, c.32 (C.40:55D-93 et al.); and
(15) Conformity with the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to section 2 of P.L.1993, c.81 (C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source separated recyclable materials in any new multifamily housing development.
c. Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvements as shall be found necessary, and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision or site plan by allowing the posting of performance bonds by the developer;
d. Provisions ensuring that when a municipal zoning ordinance is in effect, a subdivision or site plan shall conform to the applicable provisions of the zoning ordinance, and where there is no zoning ordinance, appropriate standards shall be specified in an ordinance pursuant to this article; and
e. Provisions ensuring performance in substantial accordance with the final development plan; provided that the planning board may permit a deviation from the final plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.
(cf: P.L.1993, c.81, s.1)
7. Section 38 of P.L.1975, c.291 (C.40:55D-50) is amended to read as follows:
38. a. (1) The planning board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.); provided that in the case of a planned unit development, planned unit residential development or residential cluster, the planning board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
(2) No municipal agency shall certify an application for development as complete pursuant to (C.40:55D-10.3), if the development requires an access permit, unless the developer has first submitted a letter to the municipal agency from the New Jersey Department of Transportation providing reasonable assurance that the development access, lot subdivision, and consolidation are in conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91).
b. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
(cf: P.L.1975, c.291, s.38)
8. (New section) The zoning ordinance shall require land adjacent to State highways to conform to the provisions of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-89 et al.) and the State highway access management code adopted by the Commissioner of Transportation pursuant to section 3 of P.L.1989, c.32 (C.27:7-91). The zoning ordinance shall require land with access to county roads, and highways to conform to any access management code adopted by the county under R.S.27:16-1. The zoning ordinance shall require land with access to municipal street and highways to conform to any municipal access management code adopted under R.S.40:67-1. A zoning ordinance shall not be required in order to establish minimum lot sizes, nor shall it be required in order to establish minimum frontage requirements for lots adjacent to, but restricted from access to State highway.
9. (New section) The enforcing agency shall not grant a certificate of occupancy for any development that occurs on a State highway, county road, or local road, for which the developer has obtained a permit issued pursuant to the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-89 et al.) from the Commissioner of Transportation, unless the developer has met and complied with all of the requirements of that permit.
10. (New section) Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Transportation shall promulgate rules and regulations to effectuate the provisions of this act.
11. This act shall take effect on the first day of the thirteenth month next following enactment, except that section 10 shall take effect immediately.
This bill was suggested by the New Jersey Department of Transportation to revise and update the “State Highway Access Management Plan.” Specifically, the bill expands the definition of “access permit” to include any development on a county or local road that will generate 200 or more new trips during any peak hour on a State highway. The bill also defines “right-of-way” as a corridor of contiguous land dedicated to, or preserved for, transportation purposes, and updates several other definitions. The bill amends the findings and declarations of the "State Highway Access Management Act" to include a rationale for regulating developers along certain county and local roads that will generate 200 or more new trips during any peak hour on a State highway and to incorporate Smart Growth principles.
The bill would require the Department of Transportation to establish standards for (1) promoting the interconnection of adjacent developments through local and county highways and service roads along State highways, (2) incorporate access to parcels on the State highway right-of-way with developments in the interior portions of the site, and (3) complying with safety and traffic congestion relief objectives of the department.
The bill would further require the department to establish acceptable levels of service for the issuance of access permits, based on the policies and goals of the State Development and Redevelopment Plan, and with regard to site-specific access plans, municipal, county, or regional provisions that have been endorsed by the State Planning Commission. The bill also would increase the civil penalty for constructing, maintaining, or opening a street or development that generates 200 or more new peak hour trips on a State highway, without an access permit, from $100 to $1,000.
The bill also amends provisions of the “Municipal Land Use Law” to require that zoning ordinances conform to the “State Highway Access Management Act” and that every building lot permit issued conform to that act. The bill would prohibit a certificate of occupancy from being issued in any development required to obtain a permit under the “State Highway Access Management Act” unless the developer has met and complied with all of the requirements of that permit. The provisions of the bill would not take effect for one year.