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Section: General rules of construction

Statute: 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 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. "Engineer" means the Deputy Commissioner of Transportation, 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 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 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 establishments where the expected two-way traffic volume is 500 cars or more per day 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 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. "Route" means a highway or set of highways including roads, streets, boulevards, parkways, bridges and culverts needed to provide direct communication between designated points. "State highway" means a road taken over and 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. "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. Amended by 1989, c. 32, s. 11.

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