N.J. Admin. Code § 19:9-5.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:9-5.3 - License to cross fee schedule

(a) The fees contained in this section shall apply to all licenses to cross. The Authority reserves the right to waive or reduce the fees in this section. The Executive Director or his or her designee, upon written request for waiver or reduction of these fees, may waive or reduce the fees upon his or her determination that such waiver or reduction is warranted based on the nature and scope of the project and the justification for waiver or reduction presented in the written request. The determination of the Authority regarding waiver and/or reduction of fees shall be in the sole discretion of the Authority and shall not be subject to appeal. All fees that are required to be submitted in connection with licenses to cross shall be by cashier's check or executed money order made payable to "The New Jersey Turnpike Authority" and sent to the address specified in N.J.A.C. 19:9-5.2(b) with a reference to the license to cross.

(b) Application Fee. A minimum application fee of $900.00 shall be submitted along with the completed license application and associated documents. Such fee shall be non-refundable, whether the Authority's final decision is to issue or deny the required license. The application fee shall be renewed, and another $900.00 application fee shall be paid, if there is a six-month period of application inactivity caused by the applicant. A period of inactivity shall be defined as the time lapsed between written correspondence regarding the application.

(c) License fee. Upon approval of the license to cross, the Authority shall determine an appropriate license fee, which determination may include, but not be limited to, the size of the license area and the fair market value of the property to be licensed. Such fee shall be a one-time, non-refundable fee and shall be submitted by the applicant within 30 calendar days of receipt of notice by the Authority that the license application has been approved. If such license fee is not timely submitted, the license to cross shall terminate and be null and void.

(d) Construction inspection fee. The applicant shall submit a detailed schedule showing the sequence of different construction activities proposed with a breakdown of the number of days of work required per activity. Based on a review of the schedule, the Authority shall determine the construction inspection fee, based on its estimated cost of construction inspection. If there are insufficient funds in the escrow account to cover the construction inspection costs, the applicant shall remit additional funds for the construction inspection fee to the Authority before the commencement of any construction activities. The Authority shall deposit the funds into the escrow account. If the applicant does not go forward with the construction after the submittal of additional funds to cover the construction inspection fee, the Authority shall refund to the applicant the inspection fee less a $50.00 charge for processing the refund. If, during the course of construction work, the Authority deems that the actual cost of inspection will surpass the construction inspection fee initially charged, the licensee shall remit to the Authority the additional monies for deposit in the escrow account. The licensee shall submit the additional funds within 15 calendar days of receipt of notice to supplement escrow from the Authority. The principal amount of escrow remaining in the escrow account at the conclusion of all construction activities and after receipt by the Authority of as-built drawings shall be refunded to the licensee.

(e) Traffic protection fees. The licensee shall reimburse the Authority for all traffic protection costs actually incurred. The Authority shall provide to the licensee a list of anticipated closings, slowdowns, escorts, and supplemental patrols required for the project, and an estimated amount of the associated costs. The licensee shall provide a check in the amount of the total anticipated traffic protection cost, and the Authority will deposit the funds into the escrow account. If all of the funds are expended before the end of the project, or if it is anticipated that additional funds will be necessary before the funds are expended, the licensee shall provide additional funds based upon an updated list of anticipated closings, slowdowns, escorts, and supplemental patrols to cover the anticipated traffic protection costs until the end of the project. The licensee shall remit the additional funds within 15 calendar days of receipt of notice to supplement escrow from the Authority. The principal amount of escrow remaining in the escrow account for traffic protection at the conclusion of the project and after receipt of as-built drawings shall be refunded to the licensee.

(f) The Authority reserves the right to make emergency repairs when, in the sole discretion of the Authority, such repairs are necessary to protect the Roadway or patrons thereon. The costs incurred by the Authority in performing any emergency repairs shall be chargeable to the licensee and shall be deducted from the licensee's escrow account. Any funds deducted by the Authority for emergency repairs shall be replaced by the licensee within 15 days of receipt of a notice from the Authority to supplement the escrow account.

(g) Amendments or addenda to licenses to cross shall be granted, at the discretion of the Authority, in accordance with N.J.A.C. 19:9-5.2(c), to parties wishing to enter the Roadway for the purpose of altering or adding to existing facilities for which a license to cross was previously granted. The same fees listed in this section for licenses to cross shall apply to amendments and addenda to licenses to cross.

(h) All licenses to cross will be granted with a completion date to be proposed by the applicant, subject to approval by the Authority. Should the applicant fail to complete the licensed activity by the deadline, he or she must apply in writing for an extension of the deadline. The applicant will be charged a $300.00 non-refundable fee for each request for a deadline extension.

N.J. Admin. Code § 19:9-5.3

Recodified from 19:9-2.10 by 49 N.J.R. 3236(b), effective 9/18/2017