[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:
AIRPARK
An area of land, adjacent to a public use airport, to be utilized as a combined single-family residence and aircraft storage facility.
AIRPORT
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.
AIRPORT HAZARD
A. 
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
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 by the Air Safety and Hazardous Zoning Act.[1]
COMMISSIONER
The Commissioner of the New Jersey Department of Transportation.
DEPARTMENT
The New Jersey Department of Transportation.
DEVELOPMENT
The construction, reconstruction, creation or establishment of any structure or planting of a tree.
DIRECTOR
The Director of the Division of Aeronautics.
DIVISION
The Division of Aeronautics.
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 buildings, towers, smokestacks, chimneys and overhead transmission lines.
TREE
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.
(4) 
The methodology used to delineate the overall construction and outermost boundaries of the airport hazard area for an airport is further graphically depicted in Figure 3.[1]
[1]
Editor's Note: See Figure 3 in the Airport Hazard Area Drawings included at the end of this chapter.
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.
(4) 
The methodology used to delineate the runway subzone of an airport hazard area is illustrated in Figure 1.[2]
[2]
Editor's Note: See Figure 1 in the Airport Hazard Area Drawings included at the end of this chapter.
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.
(4) 
The methodology used to delineate the runway end subzone of an airport hazard area is illustrated in Figure 2.[3]
[3]
Editor's Note: See Figure 2 in the Airport Hazard Area Drawings included at the end of this chapter.
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.
(4) 
The methodology used to delineate the clear zone of an airport hazard area is illustrated in Figure 2.[4]
[4]
Editor's Note: See Figure 2 in the Airport Hazard Area Drawings included at the end of this chapter.
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.
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.
B. 
A preexisting land use which is located within a clear zone as delineated in § 425-338 of this article and which is not in conformance with the rules shall be classified as a nonconforming use.
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.