[Added 12-22-1987 by Ord. No. 87-26]
As used in this article the following terms shall have the meanings indicated:
AIRPORT
Any area of land or water, or both, designed and set aside for the landing and take off of fixed winged aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned and licensed by the Commissioner as a public use airport or landing strip.
AIRPORT HAZARD
A. 
1ny use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking off at an airport.
B. 
Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.
AIRPORT HAZARD AREA
Any area of land or water, or both, upon which an airport hazard might be created or established if not prevented as provided hereinafter.
COMMISSIONER
The Commissioner of the Department of Transportation.
DEPARTMENT
The Department of Transportation.
DEVELOPMENT
The construction, reconstruction, creation or establishment or any structure or planting of a tree.
DIRECTOR
The Director of the Division of Aeronautics.
DIVISION
The Division of Aeronautics.
FAST TRACK
An accelerated system of application review procedures.
PERSON
Any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
STRUCTURE
Any object constructed or installed by man, including but not limited to building, towers, smokestacks, chimneys and overhead transmission lines.
TREE
An object of natural growth.
The purpose of this article is to establish minimum standards for the control of airport and aeronautical hazards and standards for land use adjacent to airports.
A. 
No person shall build, rebuild or create or cause to be built, rebuilt or created any object, structure or plant, or cause to be planted or permit to grow any tree or vegetation, which will interfere with, diminish, change or obstruct the airspace or landing and takeoff area available for the landing and takeoff of aircraft at public use airports.
B. 
This article does not require the removal or lowering or other change or alteration of any structure or tree not conforming to this article at the time of adoption of N.J.A.C. 16:62, nor does this article in any way interfere with the continuance of any preexisting nonconforming use.
C. 
In order to expedite the handling of routine applications for permits where the resulting development would have negligible adverse impact under this article, the Commissioner may institute by written order, fast-track or five-day application review procedures. The Commissioner may also establish by written order classifications of permit applications and, for certain routine applications, a permit application fee of $25.
D. 
The Director may provide for informal reviews of permit applications prior to their formal submission to the Department.
E. 
Within the provisions of this article, interstate highways are considered to be seventeen-foot vertical developments, other public roads are considered to be fifteen-foot vertical developments, a private road is considered to be a ten-foot vertical development and railroads are considered to be twenty-three-foot vertical developments.
F. 
In the event that an airport owner or operator has an agreement with the Federal Aviation Administration for the control of airport hazards, the airport owner or operator shall comply with the most protective provisions of both this article and any agreement with the Federal Aviation Administration.
G. 
This chapter shall not apply to:
(1) 
Any person who has submitted a complete application, as defined and required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., for approval of the proposed development at the time of the adoption of N.J.A.C. 16:62.
(2) 
Any person immune to local ordinance whose proposed development has progressed beyond the preliminary engineering stage at the time of the adoption of N.J.A.C. 16:62.
A. 
This section sets forth those areas which are delineated as airport hazard areas and the methodology by which those airport hazard areas are defined.
B. 
Methodology. Methodology used to delineate airport hazard areas.
(1) 
Airport hazard areas are delineated by the establishment of subzones of standard sizes around and off the ends of runways and airports open to the public.
(2) 
The two types of subzones comprising an airport hazard area are the runway subzone and the runway end subzone.
(3) 
The runway subzone of an airport hazard area is an area rectangular in shape which has a common and shared center line in respect to the runway it geometrically surrounds.
(a) 
The width of the runway subzone of the airport hazard area from its longitudinal sides to the runway center line is 1,175 feet. This gives the runway subzone of the airport hazard area a total longitudinal width of 2,350 feet along its entire length.
(b) 
The length of the runway subzone of the airport hazard area is determined by the location of the physical runway end and/or the relationship of the physical runway end along its extended center line to the property or easement line of the airport. The length of the runway subzone of the airport hazard area is the length of the runway between the physical ends of the runways. When the physical end of a runway is closer than 200 feet (along its extended center line) to the property or easement line of the airport, the length of the runway subzone of the airport hazard area shall not be measured from that physical runway end. Instead, it shall be measured from that point on that runway end on the runway center line 200 feet inside of the airport property or easement line. In this case, a portion of the end of a runway may extend beyond the bounds of the runway subzone of the runway hazard area.
(4) 
The runway end subzone at an airport hazard area is an area trapezoidal in its geometric construction which is located at the end of each runway subzone on an airport hazard area along and bisected by the extended center line of the runway.
(a) 
The length of the runway end subzone of an airport hazard area is 3,000 feet, measured from the end of the runway subzone of an airport hazard area outward from the runway along the extended center line of the runway. This extended center line bisects the runway end subzone of the airport hazard area.
(b) 
The width of the runway end subzone of an airport is 2,350 feet at its base which is collocated with the end of the runway subzone of an airport hazard area. The width of the runway end subzone narrows uniformly outward from the 3,000 feet length of the runway end subzone such that its final width is 850 feet at the outward base of the subzone. This runway extended center line bisects the width measurements along the entire length of the runway end subzone of the airport hazard area.
(5) 
An airport hazard area shall be established for each runway at an airport.
(6) 
Each airport hazard area shall consist of a runway subzone and two runway end subzones.
(7) 
The overall airport hazard area for an airport is geometrically constructed by defining and locating the runway subzone and runway end subzones for each runway open to the public on an airport open to the public. The outermost borders of the subzones comprise the outermost boundary of the airport hazard area. The area within those outermost boundaries is that area regulated by the provisions of this article and as the airport hazard area for an airport.
C. 
Delineation of the runway subzone.
(1) 
The runway subzone of an airport hazard area shall consist of a rectangle having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport.
(2) 
The width of the runway subzone shall be 2,350 feet.
(3) 
The exact length of the runway subzone shall be determined by one of the two following methods:
(a) 
For most airports, the length of the runway subzone will be the same as the physical length of the runway.
(b) 
If the physical end of a runway is closer than 200 feet to the property or easement line of the airport, as measured along the runways extended center line, then the end of the runway subzone shall be defined by a line drawn perpendicular to the runway center line at a point 200 feet inside of the airport property or easement line. In this case, a portion of the runway will extend beyond the bounds of the runway subzone.
D. 
Delineation of the runway end subzones.
(1) 
The runway end subzones of an airport hazard area shall consist of trapezoids located at either end of the runway subzone along the flight approach and departure path.
(2) 
Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.
(3) 
The base of the runway end subzone shall be defined by the end of the runway subzone and shall have a width of 2,350 feet. The width of the runway end subzone shall narrow as the distance from the end of the runway subzone increases. Its final width shall be 850 feet.
Methodology used to define vertical development allowed within an airport hazard area:
A. 
Minimum obstruction standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an airport hazard area permits at a specific point development up to X feet, that means X feet above the runway horizontal plane and not X feet above the natural grade of the land at that point in the airport hazard area.
B. 
Runway subzones.
(1) 
The vertical standards within the runway subzones of an airport hazard area are determined first by establishing the elevations at the runway center lines at the end of the runway subzone of the airport hazard area. From those elevations at the runway subzone ends, a line is run 90º outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.
(2) 
The vertical standards within the remainder of the runway subzone of an airport hazard area are determined by establishing planes from the edges of the longitudinal zero-foot development restriction line established in § 188-117 above which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of any airport hazard area at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line.
C. 
Runway end subzones.
(1) 
The vertical standards within the runway end subzone of an airport hazard area are determined first by establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its three-thousand-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone at the elevation of 150 feet above its starting point at the zero-foot development line.
(2) 
The vertical standards within the remainder of the runway end subzone of an airport hazard area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established hereinabove to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
Minimum land use standards shall be as follows:
A. 
The following are permitted land uses within an airport hazard area:
(1) 
Industrial.
(2) 
Commercial.
(3) 
Open space.
(4) 
Agricultural.
(5) 
Transportation.
(6) 
Airport.
B. 
The following are specifically prohibited land uses within an airport hazard area:
(1) 
Residential (dwelling units).
(2) 
Planned unit development and multifamily dwellings.
(3) 
Hospitals.
(4) 
Schools.
(5) 
Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
(6) 
Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.
(7) 
Uses that may attract massing birds, including landfills.
(8) 
Above-grade major utility transmission lines and/or mains.
C. 
The prohibited land uses are strictly prohibited without the written approval of the Commissioner.
D. 
Nothing in this article shall be construed to permit uses otherwise permitted by any other section of this chapter.
A. 
General provisions.
(1) 
The Commissioner may issue a permit for the creation or establishment of a nonconforming use or vertical height development within an airport hazard area upon determination that:
(a) 
An application in conformance with the provisions of N.J.A.C. 16:62-6 has been properly submitted.
(b) 
A conditional development approval has been granted by the appropriate municipal agency, if required.
(c) 
The creation of the prohibited land use or vertical height development will not in fact create an additional airport hazard limiting the size of the area available for the landing, taking off and maneuvering of aircraft.
(d) 
Creation or establishment of the prohibited land use or vertical height development will not harm the public health, safety and welfare.
(2) 
No person may commence the construction or development of any structure, land use or condition which is contrary to this ordinance and N.J.A.C. 16:62 without a valid permit issued by the Commissioner.
(3) 
In considering an application for a permit, the Director may confer with and seek additional information from the applicant or any other interested party, agency or governmental organization.
(4) 
In the review of an application, the Department may take into consideration any factor relevant to the hardship demonstrated by the applicant and any information relevant to the public health, safety and welfare.
B. 
Municipal approval.
(1) 
A developer of a project requiring creation or establishment of a prohibited land use or vertical height development shall first apply for development approval from the appropriate municipal agency. If the municipal agency approves of the development, that approval shall be conditioned upon the developer's applying for and receiving a permit from the Commissioner in accordance with this section and N.J.A.C. 16:62-6. The construction, development or creation of any prohibited land use shall not commence until a permit has been issued by the Commissioner.
(2) 
An application for a permit will only be considered by the Department if accompanied by a letter from the municipality requesting the permit.
C. 
Permit application requirements.
(1) 
To be considered complete, an application for creation of a prohibited land use or vertical height development within an airport hazard area must include the following:
(a) 
Copies of the complete airport hazard permit application form.
(b) 
A letter requesting the issuance of a permit by the Department from the municipal agency having jurisdiction over the development, together with a copy of the conditional approval for development granted by the municipal agency, if required.
(c) 
A detailed statement of the hardship condition necessitating the application for variance or relief and showing that the public health, safety and welfare will not be harmed by the creation of the prohibited land use or vertical height development.
(d) 
Certification that the applicable airport owners or authority was notified of the permit application by registered mail.
(e) 
Submission of a nonrefundable permit application fee of $75.
(f) 
Submission of the plans, specifications and construction drawings detailing the substance of the proposed development for which a permit is sought. Site plans shall bear the raised seal of a New Jersey licensed professional engineer, professional planner, land surveyor or architect and shall show the location of property lines, the location of runways, the boundaries of the airport hazard area and elevations of proposed development showing where and by what amount the development exceeds the minimum standards for vertical development adopted hereunder.
(g) 
Any other material deemed necessary for the permit application by the Director.
(2) 
Applications for permits issued under the provisions of N.J.A.C. 16:62-6 and correspondence to the Department relating to the provisions of that chapter should be forwarded to the New Jersey Department of Transportation, Division of Aeronautics, Air Safety and Hazardous Zoning Permits.
D. 
Permit review procedures.
(1) 
For routine applications, review of an application shall be completed within 90 days of the date an application is accepted as complete.
(2) 
Nonroutine cases requiring review or approval of a federal agency or another state agency prior to the issuance of a permit shall be conducted in as timely a fashion as possible. The Director shall notify the applicant of a delay in the review process necessitated by another agency's involvement. Notification shall be provided prior to 80 days following the date of acceptance of a complete application and shall include an estimate of a date by which a completion of the review process can be anticipated.
(3) 
For routine cases not requiring review by other agencies, the Division may, at its discretion, extend the ninety-day review period by 30 days if determined necessary to complete the review process.
(4) 
Following review of an application by the Division, the Director shall determine whether to recommend to the Commissioner that the permit be granted or denied.
(5) 
If the Director recommends denial, the applicant and municipal agency will be notified within five working days of the date of decision. An applicant who has been so notified by the Director may request an appeal before the Office of Administrative Law. The applicant shall notify the Division by certified mail within 14 calendar days of the notification of denial that an appeal will be forwarded to the Office of Administrative Law.
(6) 
Pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1, a final determination to either deny or grant the permit application will be made by the Commissioner subsequent to the filing of an initial decision by the Administrative Law Judge who conducted the hearing.
E. 
Permit application decisions. The Commissioner may take one of the following actions:
(1) 
Approve the application as submitted. The applicant will receive a permit which shall be effective during the same period as the development approval granted by the municipal agency. The Department will mail a copy of the permit to the applicant and municipal agency within five working days from the date of approval.
(2) 
Deny the application. The Department will mail a copy of the permit denial to the applicant and municipal agency within five working days of the date of the decision.
(3) 
Phased or partial approval. Where conditions warrant, the Commissioner may provide for a phased approval of an application. The Commissioner may also approve part of an application and deny the remainder. The nature of approvals granted, and of the denials, shall be transmitted to the applicant and municipal agency within five working days.
Violation of any provision of this article shall result in the imposition of a penalty and any other appropriate action as delineated in 188-25 of this chapter. In addition, violation of any provision of this article as well as N.J.A.C. 16:62 may be grounds for fine, modification, suspension or revocation of any license issued under Title 6 of the New Jersey Statutes Annotated, as well as injunctive relief in accordance with N.J.A.C. 16:627.1b.
The provisions of this article have been enacted in accordance with the directive of N.J.S.A. 6:1-81 et seq., known as the "Air Safety and Zoning Act of 1983," and N.J.A.C. 16:62, entitled "Air Safety and Hazardous Zoning." All provisions found in this article are a part of the rules and regulations governing hazardous zoning contained in N.J.A.C. 16:62.