From: Fahey, Gerard P. (CFINGPF) [mailto:[email address]]
Sent: Tuesday, October 15, 2019 12:45 PM
To: Nancy Malool <[email address]>
Cc: Ilya Mordukhaev <[email address]>; Pressey, Jauhara Y. (CGCRJYP) <[email address]>; Township Engineer <[email address]>; John R. Pidgeon <[email address]>
Subject: Re: Permit for Execution - P1417-3015-01 - Township of Long Hill - Oaks Road Improvements

Sent from my Sprint Samsung Galaxy S7.

According to our Township Attorney, the rule you are relying on in order to issue this permit has expired, see below. As such, I am requesting that this requirement be waived. If I do not hear otherwise by the end of October, I will assume that you agree to the waiver. Thank you.

N.J.A.C. 16:77

This file includes all Regulations adopted and published through the New Jersey Register, Vol. 51 No. 19, October 7, 2019

• NJ - New Jersey Administrative Code
• TITLE 16. TRANSPORTATION
• CHAPTER 77. (RESERVED)

Title 16, Chapter 77 -- Chapter Notes

History

CHAPTER HISTORICAL NOTE: 

Chapter 77, Use or Occupancy of NJ Transit-Owned Property, was adopted as R.1984 d.625, effective January 21, 1985. See: 16 N.J.R. 2415(b), 17 N.J.R. 205(a).
Pursuant to Executive Order No. 66(1978), Chapter 77, Use or Occupancy of NJ Transit-Owned Property, was readopted as R.1995 d.111, effective January 27, 1995. See: 26 N.J.R. 4972(a), 27 N.J.R. 750(a). Pursuant to Executive Order No. 66(1978), Chapter 77 expired on January 27, 2000.
Chapter 77, Use or Occupancy of NJ Transit-Owned Property, was adopted as new rules by R.2000 d.208, effective May 15, 2000. See: 32 N.J.R. 389(a), 32 N.J.R. 1781(b).
Chapter 77, Use or Occupancy of NJ Transit-Owned Property, was readopted as R.2005 d.376, effective October 6, 2005. See: 37 N.J.R. 389(a), 37 N.J.R. 4311(a).
Chapter 77, Use or Occupancy of NJ Transit-Owned Property, was readopted as R.2011 d.090, effective February 15, 2011. See: 42 N.J.R. 2016(a), 43 N.J.R. 743(a).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 77, Use or Occupancy of NJ Transit-Owned Property, expired on February 15, 2018. See: 43 N.J.R. 1203(a).

NEW JERSEY ADMINISTRATIVE CODE
Copyright 2019by the New Jersey Office of Administrative Law

N.J.A.C. 16:77

The permit is for drainage that will go on NJT’s property. The project will increase the amount of water that NJT will need to deal with.

Gerry – Before I begin the process to complete this, I have to ask one question. Is a Use and Occupancy permit the correct permit? We are only going up to the edge of the NJT right of way, so we are not actually occupying your property. In light of this, it would seem that this type of permit would not be required. Please let me know as soon as you can.

Nancy Malool

Nancy-

Attached is the permit for the Township of Long Hill for one (1) drainage outlet in the Township of Long Hill.

Please have at least three counterparts executed on behalf of the Township of Long Hill (NJ TRANSIT will retain two) and forward to me along with a check for $2,230 and proof of the insurance required in the permit document for both the Township of Long Hill and any contractors who may be doing the work on the property.

The payment of $2,230 includes a $300 Application Fee, $238 Administrative Fee and a $720 Plan Review Fee, these are one-time fees. In addition, there is an annual occupancy fee of $972 for the installation which is subject to periodic increases in accordance with increases in the fee schedule.

Please make sure that all Certificate(s) of Insurance ("COIs") have the above referenced permit number on them and include both NJ TRANSIT and the State of New Jersey as additional insureds on all COIs. In addition, please make sure that the COI includes the following language, "Exclusion for work performed within 50 feet of a railroad is deleted from the commercial liability policy."

In addition, please be sure to reference the above permit number on any related correspondence going forward.

Feel free to call me if you have any questions.

Gerry