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.
DEVELOPMENT
The construction, reconstruction, creation or establishment
or any structure or planting of a tree.
DIRECTOR
The Director of 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.
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:
B. The following are specifically prohibited land uses
within an airport hazard area:
(1)
Residential (dwelling units).
(2)
Planned unit development and multifamily dwellings.
(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.
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.