This article establishes the minimum standards for the control
of airport and aeronautical hazards and establishes standards for
land use adjacent to airports as required under the Air Safety and
Hazardous Zoning Act of 1983.[1] These standards are based on 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.
A.
The Commissioner may adopt under N.J.A.C. 16:62-7 a special or amended
standard for an airport when it is determined that local conditions
require it.
B.
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 or takeoff of aircraft at public use airports.
C.
Nothing in these regulations shall be construed as limiting the power
of the Commissioner regarding the design, placement, location or operation
of airports and other aeronautical facilities.
D.
These regulations are intended to implement and maintain land use
and aeronautical hazard controls as required under state laws.
E.
These regulations shall not require the removal or lowering of or
other change or alteration of any structure or tree not conforming
to the rules prior to March 20, 1985, the date of adoption by the
Commissioner, or otherwise interfere with the continuance of any nonconforming
use.
F.
Airport hazard areas adjacent to airports not licensed by the State
of New Jersey are not subject to the specific provisions of N.J.A.C.
16:62 et seq.; said areas are governed, however, by all other provisions
of this chapter in accordance with the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
G.
All persons are hereby put on notice that these standards 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.
H.
In order to expedite the handling of routine applications for permits
where the resulting development would have negligible adverse impact
on the purposes of 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 an application
fee of $25.
I.
The provisions herein do not apply to seaplane or water facilities
unless otherwise provided for by the Commissioner.
J.
The Director may provide for informal reviews of permit applications
prior to their formal submission to the Department.
K.
Within the provisions of this article, interstate highways are considered
to be a seventeen-foot vertical development, other 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.
L.
The review of applications shall be limited to the purposes stated
herein as they relate to the public health, safety and welfare.
M.
In the event that an airport owner or operator has an agreement with
the Federal Aviation Administration (FAA) 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 FAA.
N.
This article does not apply to:
(1)
Any person who has submitted a complete application as required
under N.J.S.A. 40:55D-1 et seq. for approval of the proposed development
on or prior to March 20, 1986; or
(2)
Any person immune to local ordinances whose proposed development
has progressed beyond the preliminary stage on or prior to March 20,
1986.
A.
The standards herein are hereby declared a part of the Comprehensive
Plan (Master Plan) of the Borough of Buena.
B.
A copy of this chapter and the Comprehensive Plan, including amendments
thereto, shall be sent to the New Jersey Department of Transportation,
Division of Aeronautics, as required under N.J.A.C. 16:62-2.1(b).
C.
The Director shall review ordinances and plans to implement the standards
of N.J.A.C. 16:62-1 et seq.
D.
No variance or other relief from the provisions of this article shall
be granted by the Borough of Buena to itself or to any person except
upon condition that such variance or relief is contingent upon the
issuance of a permit allowing the variance or relief by the Commissioner.
E.
Airports regulated by these provisions may not hereafter be classified
as nonconforming uses.
A.
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.
C.
An airport hazard area shall be established for each runway of an
airport. Each airport hazard area shall consist of a runway subzone
and two runway end subzones. The overall airport hazard area for an
airport is geometrically constructed by locating and defining the
runway subzone and runway end subzones for each runway open to the
public. The outermost borders of the subzones comprise the outermost
boundary of the airport hazard area. See Figure 3.[2]
[2]
Editor's Note: Figure 3 is included at the end of this chapter.
A.
The minimum obstruction standards establish the vertical limits up
to which structures or trees shall be allowed to develop or grow within
an airport hazard area.
B.
The minimum obstruction standards are vertical standards measured
with respect to elevations whose datum is the horizontal plane established
by runway elevations. See Figure 4 for graphic illustration.[1]
[1]
Editor's Note: Figure 4 is included 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 of the runway
center lines at the ends of the runway subzone of the airport hazard
area. From these elevations at the ends of the runway subzone, a line
is run 90° outward from each side of the center line for a distance
of 125 feet. Within the area defined by these four points, no development
shall be permitted 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 at the end of this chapter.
D.
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 runway center line, is 250 feet wide at its innermost
dimension and widens uniformly along its three-thousand-foot length
so as to attain a width of 850 feet where it intersects with the outermost
portion of the runway end subzone, at an elevation of 150 feet above
its starting point.
E.
The vertical standards within the remainder of the runway end subzone are determined by establishing sloping planes from the outermost longitudinal edges of the plane described above under Subsection D. These planes rise at the rate of one foot upward to seven feet outward from the plane established under Subsection D to where they meet the outermost longitudinal boundaries of the runway end subzones at the elevation of 150 feet. See Figure 6 for graphic illustration of Subsections D and E.[3]
[3]
Editor's Note: Figure 6 is included at the end of this chapter.
A.
The following uses shall be prohibited in runway end subzones:
(1)
Aboveground bulk tank storage of compressed flammable or compressed
toxic gases and liquids.
(2)
Such other land uses which may be found to present a hazard
to the safe operation of the airport or which may provide an unwarranted
concentration of persons within the airport hazard areas, especially
along the extended runway center lines.
B.
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 the uses are determined to be necessary by
the Director for air commerce purposes or for the operation of the
airport and its vendors directly serving air commence needs (an example:
a flight school).
A.
General provisions.
(1)
The Commissioner may issue a permit to establish a nonconforming
use or a vertical height development within an airport hazard zone
if:
(a)
The application is in order and properly submitted;
(b)
A provisional approval has been granted by the municipal Board;
(c)
The creation of the prohibited use or vertical height development
will not create an additional airport hazard limiting the size of
the area available for landing, taking-off and maneuvering of aircraft;
and
(d)
The creation of the prohibited use or vertical height development
will not harm the public health, safety or welfare.
(2)
No person may commence the construction or development of any
structure, land use or condition which is contrary to these provisions
without a valid permit issued by the Commissioner.
(3)
In considering a permit application, the Director may seek additional
information from the applicant or from any other interested party
or agency.
(4)
In reviewing an application, the Department may consider factors
relevant to hardship demonstrated by the applicant and any other information
relevant to the public health, safety and welfare.
B.
Municipal approval.
(1)
The developer of a project requiring the establishment of a
prohibited land use or vertical height development shall first apply
for development approval from the municipal Board. If the Board approves
the development, the approval shall be conditioned on the issuance
of a permit by the Commissioner. No construction or development of
a prohibited land use shall commence prior to approval by the Commissioner.
(2)
An application for a permit will only be considered by the Department
if it is accompanied by a letter from the municipality requesting
the permit.
(3)
All other development within the airport zone shall require site plan approval, except for agricultural and open space uses unless such agricultural or open space uses require variances from the vertical or other standards of this article, in which event site plan shall be required. See Article VIII for site plan requirements.
C.
Permit application (Division of Aeronautics). A complete application
for a permit to create a prohibited land use or vertical height development
within an airport hazard area shall include:
(1)
A completed copy of the airport hazard application form.
(2)
A letter requesting the issuance of a permit from the municipal
agency having jurisdiction over the land development, together with
a copy of the approval granted by the municipal agency.
(3)
A detailed statement describing the hardship condition which
necessitates the variance application and a showing that the public
health, safety and welfare will not be harmed by the establishment
of the prohibited land use or vertical height development.
(4)
Certification that the airport owners or authority were notified
of the permit application by certified mail.
(5)
Submission of a nonrefundable permit application fee of $75.
(6)
Submission of site plans, specifications and construction drawings
detailing the proposed development. Site plans shall be sealed by
a New Jersey licensed professional engineer, professional planner,
land surveyor or architect and shall show property lines, runways
and boundaries of the airport hazard area, plus elevations of proposed
development, indicating where and by what amount the development exceeds
the minimum standards.
(7)
Any other data deemed necessary by the Director.
D.
Applications for permits governed by this section or correspondence
shall be forwarded to the New Jersey Department of Transportation,
Division of Aeronautics, 1035 Parkway Avenue, CN600, Trenton, New
Jersey 08625. A copy of the application processed by the municipality,
if any, shall be included.
E.
Permit review procedures by the Division of Aeronautics.
(1)
Routine applications. Such applications for development within
the airport hazard areas include the planting of trees or shrubbery;
the installation of fences; the construction of single detached structures
of less than 400 square feet of floor area to be used for commercial,
agricultural, transportation or airport purposes; the construction
of a two-hundred-fifty-square-foot floor area addition to a single-family
dwelling where the height of the existing roofline is not exceeded;
the maintenance or reconstruction of a dwelling not involving modification
or expansion for multifamily use; the construction or improvement
of a private road, lane or driveway; and minor exterior modifications
to an existing structure such as a dormer, porch, deck or entranceway.
The Division shall complete the review of a routine application within
90 days of the date it is accepted as complete.
(2)
Nonroutine applications.
(a)
Cases which require the review or approval of a federal agency
or other state agency prior to the issuance of a permit shall be processed
as quickly as regulations permit. The Director shall notify the applicant
of a delay necessitated by the other agency's involvement within 80
days following the acceptance of the application and shall include
the estimated day by which the review process may be completed.
(b)
The Division may extend the ninety-day review period by 30 days
if necessary, in the case of routine cases not requiring another agency's
review.
(c)
After review, the Director shall determine whether to recommend
to the Commissioner that the permit be granted or denied.
(d)
If the recommendation is for denial, the applicant and the municipal
authority shall be notified within five working days of the decision.
After notification, the applicant may request an appeal before the
Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 et seq.
and N.J.A.C. 1:1. The applicant shall notify the Division by certified
mail within 14 days of notification of denial that an appeal will
be made.
(e)
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.
(3)
Permit application forms are available from the Secretary of
the Planning Board.
F.
Permit application decisions. The Commissioner shall take one of
the following actions:
(1)
Approve the application as submitted and direct the issuance
of the permit which shall be effective during the same period as the
development approval granted by the municipal Board and so notify
the Board within five working days;
(2)
Deny the application and so notify the applicant and the municipal
Board within five working days; or
(3)
Grant phased or partial approval where conditions warrant. The
Commissioner may approve part of an application and deny the remainder.
An explanation of the action taken shall be sent to the applicant
and the municipal Board within five working days.
Under Section 5 of the Airport Safety Act of 1983,[1] the Commissioner may, notwithstanding any other provision,
adopt an amended or special standard for an airport when he determines
that local conditions require it.
[1]
Editor's Note: See N.J.S.A. 6:1-93.
A.
In the event of a proposed development to be located within an airport
hazard area which is immune to local ordinances, the standards of
this article shall still apply to such proposed development.
B.
Any person proposing such development within an airport hazard area
shall make an application to the Department as provided herein.
C.
Review of such applications shall proceed in accordance with these
requirements.
A.
The removal or lowering of 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 by the Commissioner shall not be required.
B.
Such structure or tree shall be classified as nonconforming. For
such preexisting land uses, a property may seek and a municipality
may grant, on a one-time basis, up to ten-percent expansion without
a permit from the Commissioner. This provision shall apply only to
the land use standards.
C.
The expansion of a vertical development not in conformance may be
permitted only after the granting of a permit by the Commissioner.
A.
Violation of any provision of these standards may be grounds for
fine, modification, suspension or revocation of any license issued
under Title 6 of the New Jersey Statutes.
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 and by way of injunction or otherwise relief from
the court.
