16:77-1.5 Permit fees; general conditions
(a) Use or occupancy permit fees are subject to the following conditions:
1. The permit fee equals the annual occupancy rate multiplied by the estimated duration of occupancy in years, not to exceed 20 years and no less than one year unless otherwise described within this schedule.
2. The minimum annual permit fee under any application shall be $238.00.
3. Should the facility be terminated at any time less than the estimated years of occupancy, the permit fees collected are not subject to a refund.
4. NJ TRANSIT reserves the right to consider additional fees for crossings in excess of 200 feet. When increased preparation costs are incurred, the increases will be passed on to the permittee.
5. Any occupation of NJ TRANSIT property other than transverse track crossings will be charged as a longitudinal crossing based on the lineal foot of the occupation.
6. Fees are based on a minimum right-of-way width of 30 feet with the annual rate applicable up to a 200-foot width. For all crossings in excess of 200 linear feet, and no more than 700 linear feet, the facility will be calculated as a longitudinal occupation. Any facility crossing exceeding 700 linear feet, NJ TRANSIT reserves the right to negotiate. The formula for a transverse occupation over 200 feet is as follows:
First 200 LF: .................................. x = base rate
200 LF to 700 LF: ....................... y = longitudinal fee
divided by four.
Over 700 LF: ................... NJ TRANSIT reserves the right
to negotiate fee(s).
Add all components (x + y) to establish the annual fee.
7. All fees for occupancies encased as a group or otherwise bundled or joined together will be calculated as if they were individual occupations.
8. Should the facility be modified during the term of the permit, during the processing of a new permit, or there is a supplement to an existing permit, the associated increase in fees will be charged. If a new permit is approved, an amount proportionate to the time remaining on the superseded permit will be credited toward the new fee.
9. In the event the facility goes beyond its paid estimated life, a new fee will be assessed in accordance with the fee schedule rates in effect at that time.
(b) An annual occupancy fee for attachments will be charged as follows when higher rates are not fixed:
1. Attachments of aerial wires and cables to poles and other structures of NJ TRANSIT-owned facilities used in wire line construction:
i. Up to and including 32,500 volts
for each attachment to NJ
TRANSIT-owned cross-arms
or brackets ............................... $13.00
ii. Up to and including 32,500 volts
for each attachment to permittee's
cross-arms or brackets
when those brackets are
attached to a NJ TRANSIT-
owned facility ............................ $10.00
iii. Wires over 32,500 volts attached
to the NJ TRANSIT-owned
cross-arms or brackets ................ $23.00 per
attachment
iv. Wires over 32,500 volts and
attached to permittee's cross-
arms or brackets when those
brackets are attached to NJ
TRANSIT-owned facilities .............. $20.00 per
attachment
2. Attachments of aerial wires and cables to buildings
or other structures:
i. Each wire or cable attached to
NJ TRANSIT'S bridges or
structures, including railroad
or highway bridges ...................... $23.00 per
attachment
3. Attachments of cable terminals to poles, buildings or structures, including highway bridges and rail-road bridges owned by NJ TRANSIT:
i. Each cable terminal, loading coil, transformer or like device is subject to special consideration in each case, but not less than $86.00.
4. Charges for attachment(s) of pipelines carried along NJ TRANSIT-owned property on bridges or other supports are subject to special consideration in each case if permitted by current New Jersey Department of Transportation specifications.
5. Charges for attachments of pipes to bridges, buildings, or structures of the NJ TRANSIT-owned property are subject to special consideration in each case.
(c) An annual occupancy fee for guy wire crossings and overhanging cross-arms and power wires and cables of transmission lines outside of NJ TRANSIT-owned right-of-way will be calculated as follows:
1. Each guy wire crossing NJ
TRANSIT-owned property but not
anchored thereon ................................ $13.00
2. Cross-arms overhanging NJ TRANSIT-
owned property from poles located
outside thereof, one or more
cross-arms on any pole .......................... $10.00
3. Power wires and cables overhanging NJ TRANSIT-owned property from poles located outside thereof shall be calculated at the rates specified in N.J.A.C. 16:77-1.6(b) and (c) "Permit fees: transverse occupations" and on a pro-rated basis, depending upon the number of overhanging wires, excluding the neutral, ground static or lighting wires.
(d) Occupation charges for overhead or underground conveyors, pipe bridges, pedestrian tunnels, or any other facilities not covered by this section will be subject to special consideration.
(e) The minimum permit fee under any agreement where a miscellaneous use of occupancy is involved, not previously defined, shall be $238.00. The applicant may be subject to possible charges, which may result from expenses incurred by NJ TRANSIT'S subsidiaries or involved jurisdictions. (NOTE: Permit fees for miscellaneous use or occupancy of NJ TRANSIT-owned property will be determined and charged on an individual basis because of the various types of requests.)
(f) A Permit will be issued at no charge where a facility is relocated, upon NJ TRANSIT'S written request, to NJ TRANSIT-owned property from a public thoroughfare.
(g) All permits will be charged a fee in accordance with this section; however, at no time shall any fee for an existing occupancy be less than the fee established by the previous owner(s) unless there has been a significant reduction in the occupancy. The discount in the fee shall be calculated as a ratio between the old occupancy and fee to the new configuration and fee. Any increase in occupancy shall warrant an increase in the existing fee.
(h) Short-term use or occupancy fees are subject to the following conditions:
1. The permit fee equals the annual occupancy rate prorated for the estimated duration of occupancy.
2. The minimum permit fee under any application shall be $238.00.
3. Should the facility be terminated at any time less than the estimated period of occupancy, the fees collected are not subject to a refund.
4. At no time shall a short-term use and/or occupancy fee be less than the estimated annual fee for the same use covered under the long-term fee schedule.
5. Should the facility be modified during the term of the permit, a new permit and fee will be required. If a new permit is approved, an amount proportionate to the time remaining on the superseded permit will be credited toward the new fee.
6. In the event the facility goes beyond its paid estimated life, a new fee will be assessed in accordance with the fee schedule rates in effect at that time.
(i) NJ TRANSIT may negotiate lower permit fees when requested to do so by any municipal applicant acting on its own behalf.
Amended by R. 1989 d. 133, effective March 6, 1989. See: 21 N.J.R. 13(c), 21 N.J.R. 638(b). Added (h). Amended by R. 1990 d. 143, effective March 5, 1990. See: 21 N.J.R. 3259(b), 22 N.J.R. 837(d). Fees increased; fee discounts permitted under certain circumstances. Amended by R. 1995 d. 111, effective February 21, 1995. See: 26 N.J.R. 4972(a), 27 N.J.R. 750(a). Amended by R. 2005 d. 376, effective November 7, 2005. See: 37 N.J.R. 389(a), 37 N.J.R. 4311(a). Rewrote the section, including increasing fees throughout. Amended by R. 2011 d. 090, effective March 21, 2011. See: 42 N.J.R. 2016(a), 43 N.J.R. 743(a). Updated the fees in (a)2, (b)1i through (b)1iv, (b)2i, (b)3i, (c)1 and (c)2; in the introductory paragraph of (b)3, deleted a comma following "buildings", in (b)3i, deleted a comma following "transformer"; in (e), substituted "238.00" for "198.00" and inserted a comma following "charges"; added new (f); recodified former (f) through (h) as (g) through (i); and in (h)2, substituted "238.00" for "198.00".