16:41-2.1 Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Access permit" means a permit issued pursuant to N.J.A.C. 16:47, as amended and supplemented.
"Applicant" means a private party or entity, municipality, county, or any public agency applying for a permit.
"Application" means a document submitted to the Department to initiate the permit process.
"Banner" means a strip of material without rigid support that is painted or printed with text or graphics.
"Carrier" means a wireless communications company licensed by the Federal Communications Commission to operate in New Jersey.
"Commissioner" means the Commissioner of the New Jersey Department of Transportation or such persons as the Commissioner may designate.
"Complete application" means an application satisfying Department form and content requirements set forth in this chapter, thereby making it acceptable for Department review.
"Day" means calendar day, unless otherwise specified.
"Decorations" means an ornament, other than a banner.
"Department" means the New Jersey Department of Transportation.
"Design standards" means standards for design based on one or more of the following:
1. "New Jersey Department of Transportation Roadway Design Manual," 2001, as amended and supplemented, or superceding editions, incorporated herein by reference, available from the Department's Engineering Documents Unit at 609-530-5587 or on the Department's website at: http://www.state.nj.us/transportation/eng/documents/RDME/.
2. "New Jersey Department of Transportation Bridges and Structures Design Manual," 4th edition, as amended and supplemented, or superceding editions, incorporated herein by reference, available from the Department's Engineering Documents Unit at 609-530-5587 or on the Department's website at: http://www.state.nj.us/transportation/eng/documents/BDME/.
3. "A Policy on Design Standards — Interstate System," 2005 edition, or superceding editions, incorporated herein by reference, available from the American Association of State Highway and Transportation Officials (AASHTO), Suite 249, 444 North Capitol St., NW, Washington, DC 20001, or on the AASHTO website at: https://bookstore.transportation.org/.
4. "Standard Electrical Details," July 2001, as amended and supplemented, or superceding editions, incorporated herein by reference, available from the Department's Engineering Documents Unit at 609-530-5587 or on the Department's website at: http://www.state.nj.us/transportation/eng/elec/TSS/CADD/eElectricalDetails.shtm.
5. "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), 2003 edition, Rev. 1 and 2, as amended and supplemented, or superceding editions, incorporated herein by reference. The MUTCD is available on the Federal Highway Administration website at:http://mutcd.fhwa/dot/gov/ or on the AASHTO website at: https://bookstore.transportation.org/.
6. "New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction," 2007 edition, as amended and supplemented, or superceding editions, incorporated herein by reference, available from the Department's Engineering Documents Unit at 609-530-5587 or on the Department's website at: http://www.state.nj.us/transportation/eng/specs/2007/Division.shtml.
7. "A Policy on Geometric Design of Highways and Streets," 5th edition, or superceding editions, as amended and supplemented, incorporated herein by reference, available from the American Association of State Highway and Transportation Officials (AASHTO), Suite 249, 444 North Capitol St, NW, Washington, DC 20001, or on the AASHTO website at: https://bookstore.transportation.org/.
8. N.J.A.C. 16:25, Utility accommodation, as amended and supplemented.
9. "New Jersey Department of Transportation Sample Plans," 2001, as amended and supplemented, or superceding editions, incorporated herein by reference, available from the Department's Engineering Documents Unit at 609-530-5587 or on the Department's website at: http://www.state.nj.us/transportation/eng/CADD/E/pdfySamplePlansEnglish.pdf.
10. "New Jersey Department of Transportation Standard Roadway Construction/Traffic Control/Bridge Construction Details," 2001, as amended and supplemented, or superceding editions, incorporated herein by reference, available from the Department's Engineering Documents Unit at 609-530-5587 or on the Department's website at: http://www.state.nj.us/transportation/eng/CADD/E/index.shtmr#StandardDetails English.
"Expiration" means the formal termination of a permit.
"Extended lot line" means a line, radial or perpendicular to the highway centerline, at each end of the frontage, extending from the right-of-way line to the curbline.
"Freeway" means a multi-lane, divided highway having a minimum of two lanes in each direction and limited access.
"Highway" means a public right-of-way, whether open or improved or not, including all existing factors of improvements.
"Highway occupancy permit" or "permit" means any permit issued under this chapter.
"Maintenance" means continuous work required to hold component factors covered by a permit against deterioration due to wear and tear and thus to preserve the general character of the original component factors without alteration.
"Private utility" means a utility owned and operated by private citizens or concerns.
"Public utility" shall have the meaning established at N.J.S.A. 48:2-13, as amended and supplemented, incorporated herein by reference, and N.J.S.A. 48:5A-1 et seq., as amended and supplemented, incorporated herein by reference.
"Repair" means limited or minor replacement of one or more component factors covered by a permit that may be required because of storm or other cause to restore a condition requiring only maintenance.
"Right-of-way line" means the outer edge of State highway property, separating highway property from the abutting lots owned by others.
"Rights-of-way" means State highway property and property rights, including easements, owned and controlled by the Department.
"Shoulder" means the portion of the roadway that lies between the edge of the traveled way and curbline, excluding auxiliary lanes.
"Sidewalk area" means that portion of the right-of-way that lies between the curbline and right-of-way line, regardless of whether a sidewalk exists.
"State highway" means a road owned, taken over, controlled, built, or maintained by the Department.
"State highway system" means the network of State highways.
"Streetscape improvement" means a project contained within or along state highway rights-of-way or property under the jurisdiction of the Department that combines various activities covered by more than one category of highway occupancy permits, including, but not limited to, crosswalks, sidewalks, curbs, landscaping, drainage enhancements, benches, street furnishings, lighting, and traffic calming measures. The predominant activity being performed as a streetscape improvement will be the category for which the permit application is made, with the other activities also indicated on the application.
"Traveled way" means the portion of the roadway provided for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
"Utility" means a privately, publicly or cooperatively owned line, facility or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system which directly or indirectly serves the public.
"Waiver" means the Department's intentional relinquishment of its right to wholly enforce provisions of this chapter. Waivers may either reduce or eliminate requirements.
Amended by R. 2003 d. 291, effective July 21, 2003. See: 35 N.J.R. 1489(a), 35 N.J.R. 3377(a). Amended "Design standards"; substituted "Division" for "Bureau" throughout. Administrative correction. See: 35 N.J.R. 4124(a). Amended by R. 2008 d. 283, effective October 6, 2008. See: 40 N.J.R. 2075(a), 40 N.J.R. 5833(a). In definition "Design standards", rewrote paragraphs 1 through 7, 9 and 10; in definitions "Extended lot line" and "Highway", substituted "right-of-way" for "rights-of-way"; in definition "Public utility", updated the second N.J.S.A. reference; and added definition "Streetscape improvement".