[Added 12-23-1986 by Ord. No. 86-84; amended 12-26-1990 by Ord. No. 90-110]
This article establishes land use and design
standards for areas adjacent to public use airports with the intent
of minimizing airport and aeronautical hazards, as required by the
Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260.[1] These standards are based upon and comply with the requirements
of N.J.A.C. 16:62-1 et seq.
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
As used in this article, the following terms
shall have the meanings indicated:
An area of land, adjacent to a public use airport, to be
utilized as a combined single-family residence and aircraft storage
facility.
Any area of land or water, or both, designed and set aside
for the landing and takeoff of fixed-wing 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, or an area which has been determined by the Commissioner
to be likely to be so licensed within one year of the determination.
Any 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 takeoff at an airport; or
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 by the Air
Safety and Hazardous Zoning Act.[1]
The Commissioner of the New Jersey Department of Transportation.
The New Jersey Department of Transportation.
The construction, reconstruction, creation or establishment
of any structure or planting of a tree.
The Director of the Division of Aeronautics.
The Division of Aeronautics.
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 buildings, towers, smokestacks, chimneys and overhead
transmission lines.
An object of natural growth.
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
A.
No person shall build, rebuild, create or cause to
be built, rebuilt or created any object or 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 is intended to implement and maintain
land use and aeronautical hazard control standards in accordance with
the Air Safety and Hazardous Zoning Act.
C.
This article shall not require the removal or lowering
of or other change or alteration of any structure or tree not conforming
to the rules when N.J.A.C. 16:62-1 et seq. was adopted (March 20,
1985), nor otherwise interfere with the continuance of any nonconforming
use.
D.
Airport hazard areas adjacent to airports not licensed
by the State of New Jersey are not subject to the specific provisions
of this article.
E.
All persons are hereby put on notice that the standards
of this article are minimum statewide standards. Implementation of
these standards does not necessarily guarantee a prudent and comprehensive
land use and hazard program suitable for all airports.
F.
The review of applications under this article is limited
to the purposes stated herein as they relate to the public health,
safety and welfare.
G.
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.
H.
This article shall not apply to 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 as of April 15, 1985, or as of May 15, 1989, for commercial
and industrial development proposed to be located in the clear zone;
nor to any person immune to local ordinances whose proposed development
has progressed beyond the preliminary engineering stage as of April
15, 1985, or as of May 15, 1989, for commercial and industrial development
proposed to be located in the clear zone.
[Amended 2-13-1991 by Ord. No. 91-10]
A.
No variance or other relief from the provisions of
this article may be granted by the City of Vineland to itself or to
any person except upon condition that the variance or relief is contingent
upon the issuance of a permit allowing the variance or relief by the
Commissioner.
B.
Airports regulated by the provisions of this article
may not hereafter be classified as nonconforming land uses.
A.
Methodology used to delineate airport hazard areas.
(1)
An airport hazard area shall be established
for each runway at an airport.
(2)
Each airport hazard area shall consist of a
runway subzone, two runway end subzones and two clear zones.
(3)
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 is the airport hazard area for an airport.
B.
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 runway's 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.
C.
Delineation of the runway end subzones.
(1)
The runway 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.
D.
Delineation of the clear zones.
(1)
The clear zones of an airport hazard area shall
consist of trapezoids located within the runway end subzone along
the flight approach and departure path.
(2)
Each clear zone shall extend 1,000 feet from
the end of the runway subzone, as measured along the extended center
line of the runway.
(3)
The base of the clear zone shall be co-located
with the end of the runway subzone and shall have a width of 250 feet
The width of the clear zone shall increase as the distance from the
end of the runway safety zone increases. Its final width shall be
450 feet.
A.
Minimum obstruction ordinance standards establish
the vertical limits up to which structures or trees may be allowed
to be developed or grow within an airport hazard area.
B.
Minimum obstruction ordinance 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. See Figure 4[1] for graphic illustration.
[1]
Editor's Note: Figure 4 is included in the
Airport Hazard Area Drawings at the end of this chapter.
C.
The vertical standards within the runway subzone of
an airport hazard area are determined first by establishing the elevations
at the runway center lines at the ends of the runway subzone of the
airport hazard area. From those elevations at the runway subzone ends,
a line is run 90° 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. See Figure
5.[2]
[2]
Editor's Note: Figure 5 is included in the
Airport Hazard Area Drawings at the end of this chapter.
D.
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 (see 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. See
Figure 5.
[Amended 2-13-1991 by Ord. No. 91-10]
E.
The vertical standards within the runway end subzone
of an airport hazard area are determined by first 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 an elevation of 150
feet above its starting point at the zero-foot development line.
F.
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 in Subsection E above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection E above, to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet. See Figure 6 for graphic illustration of Subsections E and F.[3]
[3]
Editor's Note: Figure 6 is included in the
Airport Hazard Area Drawings at the end of this chapter.
G.
Notwithstanding the provisions of this article, the
primary regulation of airport development, airport property use, internal
dimensional criteria and vertical development on airports is accomplished
within N.J.A.C. 16:54.
A.
Permitted land uses shall be as follows:
(1)
Residential single-family dwelling units which
are situated on a lot at least three acres in size and not located
in a clear zone. Residential zoning is permitted in the clear zone
as long as all dwellings are physically located outside of the clear
zone.
(2)
Airpark (minimum lot size of at least three
acres which are not located in a clear zone).
(3)
Open space.
(4)
Agricultural.
(5)
Transportation.
(6)
Airport.
(7)
Commercial (not located in a clear zone).
(8)
Industrial (not located in a clear zone).
B.
Specifically prohibited land uses shall be as follows:
(1)
Residential dwelling units not situated on a
lot of at least three acres in size.
(2)
Planned unit developments 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.
Unwanted concentrations of persons within airport
hazard areas, especially along the extended runway center lines within
runway end subzones, shall be discouraged.
|
NOTE: Prohibited land uses are specifically
prohibited without the written approval of the Commissioner. Such
uses may be allowed by the Commissioner on airport property when they
are determined necessary by the Director for air commerce purposes
or for the operation of the airport and its vendors directly serving
air commerce needs. An example of this is a flight school.
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A.
Application procedure.
(1)
A site plan shall be submitted for any development
proposed in an airport hazard area.
(2)
Said site plan shall show the following:
(a)
An accurately dimensioned plan view of the property
in question in relation to the airport hazard area, including the
runway subzone, runway end subzones and clear zones.
(b)
Adequate elevations of proposed development,
to document relationship of all structures, trees, public roads, private
roads and railroads in relation to planes, limiting vertical development.
|
NOTE: Public roads are considered to be a fifteen-foot
vertical development, a private road is considered to be a ten-foot
vertical development, and railroads are considered to be a twenty-three-foot
vertical development.
|
(3)
If a site is necessitated by other provisions
of this chapter, the requirements of this article shall be in addition
to those otherwise required.
B.
Municipal approval.
(1)
A developer of a project requiring the 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 the development, that approval
shall be conditioned on the issuance of a permit by the Commissioner
in accordance with N.J.A.C. 16:62-1 et seq. Construction, development
or the 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.
(3)
Any person proposing to create or establish
a prohibited land use or vertical height development in a designated
airport hazard area not subject to municipal ordinances established
in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) shall present the proposed development to the municipal governing
body, which shall be considered the municipal agency for purposes
of this article.
A.
In the event of a proposed development to be located
within an airport hazard area which is immune to local ordinance,
the standards of N.J.A.C. 16:62-1 et seq. shall still apply to such
proposed development.
B.
Any persons proposing a development immune to local
ordinance within an airport hazard area shall make application to
the Department in accordance with N.J.A.C. 16:62-6.1 and 16:62-6.3.
The requirement for local approval under N.J.A.C. 16:62-6.2 and 16:62-6.3(a)2
is waived.
A.
The removal or lowering or other change or alteration
of any structure or tree not conforming to the regulations of N.J.A.C.
16:62-1 et seq. at the time of adoption shall not be required.
A.
Violation of any provision of N.J.A.C. 16:62.1 et
seq. may be grounds for fine, modification, suspension or revocation
of any license issued under Title 6 of the New Jersey Statutes Annotated.
B.
The Commissioner may institute, in any court of competent
jurisdiction, an action in the name of the state to prevent, restrain,
correct or abate any violation of any provision of N.J.A.C. 16:62-1
et seq., and, by way of injunction or otherwise, relief from the court.
