[Added 12-22-1987 by Ord. No. 87-26]
As used in this article the following terms
shall have the meanings indicated:
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.
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.
Any structure or tree which obstructs the airspace
required for the flight of aircraft in landing or taking off at an
airport.
Any area of land or water, or both, upon which an airport
hazard might be created or established if not prevented as provided
hereinafter.
The Commissioner of the Department of Transportation.
The Department of Transportation.
The construction, reconstruction, creation or establishment
or any structure or planting of a tree.
The Director of the Division of Aeronautics.
The Division of Aeronautics.
An accelerated system of application review procedures.
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.
Any object constructed or installed by man, including but
not limited to building, towers, smokestacks, chimneys and overhead
transmission lines.
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:
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.
