reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 8 - LIABILITY AND PENALTIES › Section 16:56-8.2 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a recipient
				fails to comply with the terms of the agreement before the end of the useful
				life of an improvement or the completion of a program, the State shall be
				reimbursed for the unused portion of the useful life and, if not fully
				reimbursed, the State will have a first lien to the extent of the unreimbursed
				portion of the improvement or the program.
(b) Any person who knowingly or willfully
				makes a misrepresentation or false statement in an application or violates the
				provisions of this chapter may be subject to the fines and penalties as
				provided by Title 6 of the Revised Statutes.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 59 - AIR MEETS AND EXHIBITIONS › Subchapter 1 - PURPOSE AND SCOPE › Section 16:59-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The person responsible for the conduct
				and operation of an air meet or aerial exhibition shall obtain a license from
				the Bureau of Aeronautics prior to the commencement of the event.
(b) Closed-course air races are prohibited
				within the airspaces over New Jersey.
(c) Pursuant to N.J.A.C. 16:54 , aerial
				exhibitions and air meets may be held at other than a licensed aviation
				facility provided the facility is suitable and properly licensed for such an
				event.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 59 - AIR MEETS AND EXHIBITIONS › Subchapter 2 - DEFINITIONS › Section 16:59-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Aerial exhibition" means a demonstration other than an air
				  meet in which aircraft are utilized for public exhibition, including, but not
				  limited to, air shows and balloon festivals.
"Air meet" means a public demonstration or competition
				  involving one or more aircraft engaged in activities such as, but not limited
				  to, aerial acrobatics, spot landing, paper cutting, simulated bomb dropping or
				  other non-standard maneuvers or activities.
"Applicant" means a person who submits an application for a
				  license to conduct an air meet or aerial exhibition.
"Department" means the New Jersey Department of
				  Transportation.
"Event" means an aerial exhibition or an air meet.
"Local" means a county, municipality, or other political
				  subdivision of the State, or any agency, authority, or other entity of the
				  political subdivision, which is not a State board, commission, committee,
				  authority or agency.
"Person" means any individual, corporation, partnership or
				  other association of individuals.
"State" means the State of New Jersey and any office,
				  department, division, bureau, board, commission, agency and instrumentality of
				  the State, except political subdivisions and their agencies and
				  instrumentalities.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 59 - AIR MEETS AND EXHIBITIONS › Subchapter 3 - LICENSE › Section 16:59-3.1 - Requirements for license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application
				for a license to conduct an air meet or aerial exhibition shall be made on New
				Jersey Department of Transportation Form DA-27, "Application for Aerial
				Exhibition License." A completed application must be submitted to the Bureau of
				Aeronautics at least 30 days in advance of the proposed event. The application
				form (DA-27) may be obtained from the Bureau of Aeronautics at:
New Jersey Department of Transportation
Bureau of Aeronautics
PO Box 600
Trenton, NJ 08625-0600
or online at:
http://www.state.nj.us/transportation/airwater/aviation/documents/da27.pdf
(b) The application shall contain:
1. The applicant's name and
				address;
2. The applicant
				representative's name and address;
3. The location, time, and date of the
				event;
4. Identification of
				emergency facilities;
5. The
				schedule of activities; and
6. The
				pilots participating in the activities.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 59 - AIR MEETS AND EXHIBITIONS › Subchapter 3 - LICENSE › Section 16:59-3.2 - Sanction

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who knowingly or willfully makes a
				  misrepresentation or false statement in the application or violates the
				  provisions of this chapter shall be subject to the fines and penalties as
				  provided by
				  6:1-1 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 16:60-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter designates certain employees of the Bureau of
				  Aeronautics as law enforcement officers and sets forth the procedures and
				  conduct of persons involved in and related to the reporting and investigation
				  of aircraft accidents and incidents in the interest of public safety, the
				  safety of persons operating or using aircraft, and the safety of persons and
				  property on the ground.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 16:60-1.2 - Designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the personnel specifically
				designated as law enforcement officers by
6:1-29
, the employees of
				the Bureau of Aeronautics assigned to the following positions are hereby
				designated as law enforcement officers:
1.
				Director, Multimodal Services;
2.
				Manager, Bureau of Aeronautics; and
3. Aeronautical Operations
				Specialist.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 16:60-1.3 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Designated law enforcement officers have
				authority pursuant to
				6:1-29 to issue a summons and
				complaint for violations of the provisions of N.J.S.A. Title 6, Aviation, as
				supplemented and amended, or of any rules, orders and regulations established
				under Title 6.
(b) Designated law
				enforcement officers shall comply with the procedures established by the
				Administrative Director of the Courts in the issuance of summons and
				complaints.
(c) The Manager, Bureau
				of Aeronautics is responsible for the accounting, control, and distribution of
				the summons and complaint forms.
(d) No designated law enforcement officer
				shall be authorized to carry or use weapons in the execution of assigned
				responsibilities. Assistance, as required, will be obtained from appropriate
				State or local law enforcement officers.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 3 - INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS › Section 16:60-3.1 - Aircraft accident reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The pilot or aircraft operator or anyone
				observing an aircraft accident or with knowledge that an aircraft accident has
				just occurred shall immediately notify the FAA Communications Center at
				404-305-5150 or the New Jersey State Police at 609-882-2000.
(b) The accident notification made pursuant
				to (a) above shall contain the following information if known:
1. The type, nationality, and registration
				marks of the aircraft;
2. The name
				of the owner, and the operator of the aircraft;
3. The name of the pilot in
				command;
4. The date and time of
				the accident;
5. The last point of
				departure and point of intended landing of the aircraft;
6. The position of the aircraft with
				reference to some easily defined geographical point;
7. The number of persons aboard, number
				killed, and number seriously injured;
8. The nature of the accident, weather and
				aircraft damage, so far as is known; and
9. A description of any explosives,
				radioactive materials, or other dangerous articles carried.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 3 - INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS › Section 16:60-3.2 - Aircraft incident and forced landing reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The pilot or
				aircraft operator involved in an incident shall immediately notify the FAA
				Communications Center at 404-305-5150 or the New Jersey State Police at
				609-8822000.
(b) The pilot or
				aircraft operator involved in a forced landing shall immediately notify the FAA
				Communications Center at 404-305-5150 or the New Jersey State Police at
				609-8822000.
(c) The incident or
				forced landing notification made pursuant to (a) or (b) above shall contain the
				following information if known:
1. The type,
				nationality, and registration marks of the aircraft;
2. The name of the owner, and the operator of
				the aircraft;
3. The name of the
				pilot in command;
4. The date and
				time of the incident;
5. The last
				point of departure and point of intended landing of the aircraft;
6. The position of the aircraft with
				reference to some easily defined geographical point;
7. The number of persons aboard;
				and
8. The nature of the incident
				or forced landing, weather and aircraft damage, so far as is known.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 3 - INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS › Section 16:60-3.3 - Notification of next of kin

Current through Register Vol. 56, No. 14, July 15, 2024
Names of pilots or passengers who are seriously or fatally
				  injured shall not be released until after positive notification of next of kin
				  has been accomplished.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 3 - INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS › Section 16:60-3.4 - Preservation of aircraft wreckage, mail, cargo, and records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operator of an aircraft, or if the
				operator is incapable, the first law enforcement official on the scene, is
				responsible for preserving, to the greatest extent possible, any aircraft
				wreckage, cargo and mail aboard the aircraft, and all records pertaining to the
				operation and maintenance of the aircraft and to persons involved in an
				accident.
(b) Wreckage shall be
				disturbed only to the extent necessary:
1. To
				remove the person injured or trapped;
2. To protect the wreckage from further
				damage; and
3. To protect the
				public from injury.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 3 - INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS › Section 16:60-3.5 - Statements of witnesses

Current through Register Vol. 56, No. 14, July 15, 2024
When deemed necessary by a designated law enforcement
				  official, New Jersey Department of Transportation Form DA-25, "Aircraft
				  Accident/Incident Statement of Witness," shall be completed by any person or
				  persons who observed the actual aircraft accident or incident, or any events
				  prior to or immediately following said accident or incident and shall include
				  the place, date, and time of the accident/incident; make, mode, and tail number
				  of the aircraft; the witness's identification information; and a description of
				  the accident/incident. The form is available on the Department's website at:
http://www.state.nj.us/transportation/freight/aviation/forms.shtm
				  or
by mail from:
New Jersey Department of Transportation
Bureau of Aeronautics
PO Box 600
Trenton, NJ 08625
The written report shall be submitted to the Bureau of
				  Aeronautics within 72 hours after the accident by fax at 609-530-5270 or by
				  mail to:
New Jersey Department of Transportation Bureau of
				  Aeronautics
PO Box 600
Trenton, NJ 08625
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 60 - AERONAUTICAL INVESTIGATION AND ENFORCEMENT › Subchapter 3 - INVESTIGATION OF AIRCRAFT ACCIDENTS AND INCIDENTS › Section 16:60-3.6 - Forced landings

Current through Register Vol. 56, No. 14, July 15, 2024
In the event of a forced landing on other than a licensed
				  aeronautical facility, no person shall cause a subsequent take-off of the
				  aircraft without the express authorization of the Bureau of Aeronautics, which
				  shall only be granted after a representative of the Bureau has adjudged the
				  site to be safe for the type of aircraft and pilot experience involved. This
				  permission cannot be granted by Federal or local officials.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 1 - AIR SAFETY AND ZONING › Section 16:62-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Airpark" means any area of land, adjacent to a public use
				  airport, to be utilized as a combined single family residence and aircraft
				  storage facility.
"Airport" means any area of land or water, or both, designed
				  and set aside for the landing and taking-off 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 a proposed facility for which an application for a license
				  has been submitted in complete form pursuant to N.J.A.C. 16:54 and which has
				  been determined by the Commissioner as likely to be so licensed within one year
				  of the determination.
"Airport hazard" means:
1. Any use of land or water, or both, which creates a
				  dangerous condition for persons or property in or about an airport or aircraft
				  during landing or taking-off at an airport; or
2. Any structure or tree which obstructs the airspace
				  required for the flight of aircraft in landing or taking-off at an airport.
"Airport safety zone" means any area of land or water, or
				  both, upon which an airport hazard might be created or established, if not
				  prevented by this chapter.
"Commissioner" means the Commissioner of the Department of
				  Transportation.
"Department" means the Department of Transportation.
"Development" means the construction, reconstruction,
				  creation, or establishment of any structure or planting of a tree.
"Director" means the Director of the Division of
				  Aeronautics.
"Division" means the Division of Aeronautics.
"Person" means 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" means any object constructed or installed by man,
				  including, but not limited to, buildings, towers, smokestacks, chimneys, and
				  overhead transmission lines.
"Tree" means an object of natural vegetative growth.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 2 - MUNICIPALITIES › Section 16:62-2.1 - Municipal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				municipality which contains within its boundaries any part of a delineated
				airport safety zone, as defined by
				16:62-3.1, shall enact an
				ordinance or ordinances incorporating the standards promulgated under this
				chapter. These standards shall also become a part of the masterplan of
				development for each affected municipality which has a masterplan.
(b) Each municipality affected under this
				chapter shall transmit to the Division at time of adoption, amendment, or when
				requested, a valid copy of the ordinance(s) and a local development master plan
				shall be transmitted to the following address:
New Jersey Department of Transportation
Division of Aeronautics
Air Safety and Zoning Permits
1035 Parkway Avenue
PO Box 610
Trenton, New Jersey 08625-0610
(c) The Director will review ordinances and
				masterplans enacted by municipalities to implement the standards of this
				chapter.
(d) No variance, or other
				relief from the standards promulgated by or under this chapter may be granted
				by a municipality to itself or any person except upon the condition that the
				variance or relief is contingent upon the issuance of a permit allowing the
				variance or relief by the Commissioner.
(e) Municipalities which contain within their
				boundaries airports regulated by the provisions of this chapter, may not
				hereafter classify those airports as non-conforming land uses within the
				context of their ordinances or master plans of development. Those
				municipalities which may currently classify an airport as non-conforming land
				use within the context of their ordinances or master plans of development,
				shall amend those ordinances or plans to eliminate that non-conforming
				status.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 3 - DELINEATION OF AIRPORT SAFETY ZONES › Section 16:62-3.1 - Delineation of Airport Safety Zones

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				describes the methodology to be used in delineating Airport Safety
				Zones.
(b) The methodology will be
				applicable for most airports in New Jersey. However, in certain instances, as a
				result of local conditions, it may be necessary to establish special standards
				for an airport. Subchapter 7 of these regulations has been reserved for this
				purpose.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 3 - DELINEATION OF AIRPORT SAFETY ZONES › Section 16:62-3.2 - Methodology used to delineate Airport Safety Zones

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An Airport
				Safety Zone shall be established for each runway at an airport.
(b) Each Airport Safety Zone shall consist of
				a RUNWAY SUBZONE, two RUNWAY END SUBZONES and two CLEAR ZONES.
(c) The overall Airport Safety Zone 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 Safety Zone. The area within those outermost
				boundaries is that area regulated by the provisions of this chapter.
(d) The methodology used to delineate the
				overall construction and outermost boundaries of the Airport Safety Zone for an
				airport is further graphically depicted in Figure 3.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 3 - DELINEATION OF AIRPORT SAFETY ZONES › Section 16:62-3.3 - Delineation of the RUNWAY SUBZONE

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The RUNWAY
				SUBZONE of an Airport Safety Zone shall consist of a rectangle having the same
				centerline and length as the runway, unless a shorter length is necessitated by
				limited property ownership at the airport.
(b) The width of the RUNWAY SUBZONE shall be
				2350 feet.
(c) The exact length of
				the RUNWAY SUBZONE shall be determined by one of the two following methods.
1. For most airports, the length of the
				RUNWAY SUBZONE will be the same as the physical length of the runway.
2. If the physical end of a runway is closer
				than 200 feet from the property or easement line of the airport, as measured
				along the runway's extended centerline, then the end of the RUNWAY SUBZONE
				shall be defined by a line drawn perpendicular to the runway centerline 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.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 3 - DELINEATION OF AIRPORT SAFETY ZONES › Section 16:62-3.4 - Delineation of the RUNWAY END SUBZONES

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The RUNWAY END
				SUBZONES of an Airport Safety Zone shall consist of trapezoids located at
				either end of the RUNWAY SUBZONE along the flight approach and departure
				path.
(b) Each RUNWAY END SUBZONE
				shall extend 3000 feet from the end of the RUNWAY SUBZONE, as measured along
				the extended centerline of the runway.
(c) The base of the RUNWAY END SUBZONE shall
				be defined by the end of the RUNWAY SUBZONE, and shall have a width of 2350
				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) The methodology used to
				delineate the RUNWAY END SUBZONE of an Airport Safety Zone is illustrated in
				Figure 2.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 3 - DELINEATION OF AIRPORT SAFETY ZONES › Section 16:62-3.5 - Delineation of the CLEAR ZONES

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CLEAR ZONES
				of an Airport Safety Zone shall consist of trapezoids located within the RUNWAY
				END SUBZONE along the flight approach and departure path.
(b) Each CLEAR ZONE shall extend 1000 feet
				from the end of the RUNWAY SUBZONE, as measured along the extended centerline
				of the RUNWAY.
(c) 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.
(d) The
				methodology used to delineate the CLEAR ZONE of an Airport Safety Zone is
				illustrated in Figure 7.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 4 - OBSTRUCTION ORDINANCE STANDARDS › Section 16:62-4.1 - Minimum obstruction ordinance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				defines the minimum obstruction ordinance standards which a municipality must
				enact pursuant to the provisions of this chapter, and describes the methodology
				used to define vertical development allowed within an Airport Safety
				Zone.
(b) Notwithstanding the
				provisions of this chapter, 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.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 4 - OBSTRUCTION ORDINANCE STANDARDS › Section 16:62-4.2 - Methodology used to define vertical development allowed within an Airport Safety Zone

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Minimum
				obstruction ordinance standards establish the vertical limits up to which
				structures or trees may be allowed to be developed or grow.
(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 Safety Zone 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 Safety Zone. This
				provision is further graphically depicted in Figure 4.
(c) The vertical standards within the RUNWAY
				SUBZONE of an Airport Safety Zone are determined first by establishing the
				elevations at the runway centerlines at the ends of the RUNWAY SUBZONE. From
				those elevations at the RUNWAY SUBZONE ends, a line is run 90 degrees outward
				from each side of the runway centerline 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.
1. The vertical standards within the
				remainder of the RUNWAY SUBZONE of an Airport Safety Zone are determined by
				establishing planes from the edges of the longitudinal 0 foot development
				restriction line established in N.J.A.C. 16:62-4.2c 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 Safety Zone at the elevation of 150 feet above
				its starting point at the longitudinal zero foot development line.
2. The methodology used to establish the
				vertical standards within the RUNWAY SUBZONE of an Airport Safety Zone is
				further graphically depicted in Figure 5.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 5 - LAND USE ORDINANCE STANDARDS › Section 16:62-5.1 - Minimum land use standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within the
				safety zones delineated in
				16:62-3.1, each municipality shall
				implement under
				16:62-2.1, ordinances which
				implement the following standards for land use around airports. Prohibited land
				uses are specifically prohibited without the written approval of the
				Commissioner. Prohibited land 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.
1. Permitted land uses:
i. 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;
ii. Airpark (minimum lot size of at least
				three acres which are not located in a CLEAR ZONE);
iii. Open space;
iv. Agricultural;
v. Transportation;
vi. Airport;
vii. Commercial (not located in a CLEAR
				ZONE);
viii. Industrial (not
				located in a CLEAR ZONE);
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 6 - PERMIT FOR CREATION OR EXPANSION OF A PROHIBITED LAND USE OR VERTICAL HEIGHT DEVELOPMENT WITHIN AN AIRPORT SAFETY ZONE › Section 16:62-6.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner may issue a permit for creation or establishment of a
				nonconforming use or vertical height development within an airport safety zone
				upon determination that:
1. An application in
				conformance with the provisions of this section has been properly
				submitted;
2. A conditional
				development approval has been granted by the appropriate municipal agency, if
				required;
3. 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 landing,
				taking-off and maneuvering of aircraft; and
4. Creation or establishment of the
				prohibited land use or vertical height development will not harm the public
				health, safety and welfare.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 6 - PERMIT FOR CREATION OR EXPANSION OF A PROHIBITED LAND USE OR VERTICAL HEIGHT DEVELOPMENT WITHIN AN AIRPORT SAFETY ZONE › Section 16:62-6.2 - Municipal approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 on the developer applying for
				and receiving a permit from the Commissioner in accordance with this section.
				Construction, development or creation of any prohibited land use shall not
				commence until a permit has been issued by the Commissioner.
(b) An application for a permit will only be
				considered by the Department if accompanied by a letter from the municipality
				requesting the permit.
(c) Any
				person proposing to create or establish a prohibited land use or vertical
				height development in a designated airport safety zone not subject to municipal
				ordinances established in accordance with the Municipal Land Use Law (N.J.S.A.
				40:55D), shall present the proposed development to the municipal governing
				body, which shall be considered the municipal agency for purposes of these
				rules.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 6 - PERMIT FOR CREATION OR EXPANSION OF A PROHIBITED LAND USE OR VERTICAL HEIGHT DEVELOPMENT WITHIN AN AIRPORT SAFETY ZONE › Section 16:62-6.3 - Permit application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be
				considered complete, an application for a permit for creation of a prohibited
				land use or vertical height development within an airport safety zone must
				include the following:
1. A completed permit
				application form;
2. A letter
				requesting 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;
3. A detailed statement
				of the hardship condition necessitating the application for variance or relief,
				and a showing that the public health, safety and welfare will not be harmed by
				the creation of the prohibited land use or vertical height
				development;
4. Certification that
				the applicable airport owner(s) or authority were notified of the permit
				application by registered mail;
5.
				Submission of a non-refundable $ 75.00 permit application fee;
6. Submission of site 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, as appropriate, and shall show the location of property lines, the
				location of runways, the boundaries of the airport safety zone, and elevations
				of proposed development showing where and by what amount the development
				exceeds the minimum standards for vertical development adopted under this
				chapter; and
7. Any other material
				deemed necessary to the permit application by the Director.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 6 - PERMIT FOR CREATION OR EXPANSION OF A PROHIBITED LAND USE OR VERTICAL HEIGHT DEVELOPMENT WITHIN AN AIRPORT SAFETY ZONE › Section 16:62-6.4 - Permit review procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For routine
				applications, review of an application shall be completed by the Division
				within 90 days of the date on which an application is accepted as
				complete.
(b) Non-routine cases,
				requiring the review or approval of a Federal agency or another State agency
				prior to 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. The notification shall be
				provided prior to 80 days following the date of acceptance of a complete
				application, and shall include an estimate of the date by which a completion of
				the review process can be anticipated.
(c) For routine cases not requiring review by
				other agencies, the Division may, at its discretion, extend the 90-day review
				period by 30 days if determined necessary to complete the review process. The
				applicant and affected municipality shall be notified of this extension by the
				Department at least 15 days prior to the expiration of the 90-day
				period.
(d) 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.
(e) 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 pursuant to
				52:14B-1 et seq. and N.J.A.C. 1:1.
				The applicant shall notify the Division by certified mail within 14 calendar
				days of notification of denial that an appeal will be forwarded to the Office
				of Administrative Law.
(f) Pursuant
				to 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.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 6 - PERMIT FOR CREATION OR EXPANSION OF A PROHIBITED LAND USE OR VERTICAL HEIGHT DEVELOPMENT WITHIN AN AIRPORT SAFETY ZONE › Section 16:62-6.5 - Permit application decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 of 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 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.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 7 - PROVISIONS FOR AMENDED AND SPECIAL AIRPORT STANDARDS › Section 16:62-7.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under Section 5
				of the Air Safety and Zoning Act of 1983, the Commissioner may, notwithstanding
				any other provisions of this chapter, adopt an amended or special standard for
				an airport when he determines that local conditions require it. Those standards
				shall be adopted under the Administrative Procedure Act,
				52:14B-1 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 7 - PROVISIONS FOR AMENDED AND SPECIAL AIRPORT STANDARDS › Section 16:62-7.2 - Amended and special standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The runway end
				subzone for Runway 30 of Somerset Airport shall end at the western border of
				Bridgewater Township, Somerset County, subject to the following conditions:
1. The lots which fall within the safety zone
				of Bridgewater Township, Somerset County, delineated pursuant to N.J.A.C.
				16:62-3, shall not be further subdivided.
2. Within the safety zone of Bridgewater
				Township, Somerset County, delineated pursuant to N.J.A.C. 16:62-3, no person
				shall build, rebuild, create or cause to be built or rebuilt or created any
				structure which will exceed a height of 35 feet nor shall any person plant, or
				cause to be planted, or permit to grow any tree or vegetation which will exceed
				height of 50 feet.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 8 - PERMITS FOR DEVELOPMENTS IMMUNE TO LOCAL ORDINANCE › Section 16:62-8.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of
				a proposed development within an Airport Safety Zone which is immune to local
				ordinance, the standards of this chapter still apply to such proposed
				development.
(b) Any persons
				proposing a development immune to local ordinance within an Airport Safety Zone
				shall make application to the Department in accordance with
				16:62-6.1 and
				16:62-6.3. The requirement for
				local approval under
				16:62-6.2 and 63(a)2 is waived,
				and the permit application fee under
				16:62-6.3(a)5  is
				waived.
(c) The Department shall
				review application for permits for developments immune to local ordinance in a
				manner with other application provisions of this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 9 - EXISTING LAND USES NOT CONFORMING TO THE STANDARDS OF THIS CHAPTER › Section 16:62-9.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No ordinance
				adopted under this chapter shall require the removal or lowering of, or other
				change or alteration of any structure or tree not conforming to the rules when
				this chapter was adopted.
(b)
				Within the context of an ordinance adopted to conform with the standards of
				this chapter, a preexisting land use which is located within a CLEAR ZONE as
				delineated in
				16:62-3.5 and not in conformance
				with the rules may at the discretion of the municipality, be classified within
				such an ordinance as either "nonconforming" or "conditional."
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 10 - IMPLEMENTATION DEADLINES › Section 16:62-10.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Municipalities
				affected by the provisions of this chapter shall implement the standards of
				this chapter as of April 15, 1985, or in the case of clear zones, May 15,
				1989.
(b) No municipal body may
				grant variances or subdivisions in an Airport Safety Zone under their existing
				ordinances whose purpose would be contrary to the standards of this
				chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 11 - LIABILITY › Section 16:62-11.1 - Liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Violation of
				any provision of this chapter 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
				this chapter and by way of injunction or otherwise, relief from the
				court.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
Airport Safety Zone Dimensions
Data in
				image
Data in
				image
Data in
				image
Data in
				image
Data in
				image
Data in
				image
Data in
				image
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 63 - I BOAT NJ PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 16:63-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Applicant" means a person, government agency, public or
				  private entity or organization, either for- or non-profit, that applies for I
				  BOAT NJ Program funds.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation.
"Department" means the New Jersey Department of
				  Transportation.
"Expression of Interest," "EOI" or "EOI application" means
				  the first part of a two-part application process for grant program funding and
				  a designated form for this purpose.
"Grant" means a monetary award provided to an applicant to
				  fund a project pursuant to the program.
"Grantee" means an applicant in receipt of funds from the
				  program.
"Hard match" means an actual monetary contribution from an
				  applicant to an I BOAT NJ Project.
"I BOAT NJ Program" or "program" means the systematic
				  evaluation, selection and administration by the Office of Maritime Resources,
				  of projects receiving grants from an increase in boat registration fees
				  dedicated in a separate line item in the Maritime Industry Fund.
"I BOAT NJ Project" or "project" means a project funded by
				  the I BOAT NJ Program.
"Marine trade industry" means the direct and indirect
				  activities supporting the recreational marine transportation system, including
				  boat building and marine manufacturing, education and educators, science and
				  technology, marinas, marine trades and support services, marine environmental
				  enhancement services, and recreational boating and fishing.
"Maritime Industry Fund" means a separate, non-lapsing,
				  dedicated account established in the General Fund pursuant to
				  27:1A-82, to provide for projects
				  that support New Jersey's maritime industry, and managed by the Office of
				  Maritime Resources.
"Maritime industry" means ports and terminals, ship services
				  and boat building education, science and technology, marine trades and support
				  services, ferries, movement of cargo and waterborne commerce, commercial and
				  recreational fishing, navigation and government support services, including
				  waterborne military operations and national security initiatives and the direct
				  and indirect industries supporting the entire marine transportation
				  system.
"Non-port projects" means those projects that do not relate
				  to port commerce, navigation, transportation, development, and/or operations
				  within New Jersey's port districts.
"Proposal" means the second part of the application process,
				  consisting of a formal written statement, including supplemental materials, in
				  support of the application for project grant funding.
"Office of Maritime Resources" or "Office" means the Office
				  of Maritime Resources in the New Jersey Department of Transportation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 63 - I BOAT NJ PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 16:63-1.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects must
				be beneficial to the general boating public and must be directed at planning,
				developing, constructing, improving, advocating, or otherwise assisting the
				marine trade industry in New Jersey.
(b) Applicants may be eligible for project
				funding in categories that include, but are not limited to:
1. Development/Redevelopment:
i. Construction of Marine
				Facilities;
ii. Marina
				Development;
iii. Marina
				Rehabilitation;
iv. Public Access
				Development; and
v. Technology
				Development and Upgrades;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 63 - I BOAT NJ PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 16:63-1.4 - Grant funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				assistance will be awarded in the form of a grant based on the following
				funding allocation.
1. No match requirement.
				Subject to available funds, certain projects may be eligible to receive a
				no-match grant.
i. Such projects will
				demonstrate broad-based applicability and industry at-large benefits such as,
				but not limited to, projects related to boating safety, education, and the
				environment.
ii. Applicants seeking
				no-match funding must make a specific request and provide supporting
				information in the grant proposal.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 63 - I BOAT NJ PROGRAM › Subchapter 2 - PROJECT ELIGIBILITY › Section 16:63-2.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects shall
				be related in nature to the marine trade industry and shall benefit the general
				boating public.
(b) Applicants with
				non-port projects within port districts are eligible to apply.
(c) Projects will be completed within three
				years, pursuant to
				16:63-1.4(c).
(d) Requests for project funding should not
				be less than $ 3,000; however, applications of less than $ 3,000 will be
				considered.
(e) A State licensed
				professional engineer shall approve all construction plans.
(f) No entity may submit an application for,
				or submit on behalf of, an exclusive, private, "members-only," or otherwise
				publicly restricted project, club, or entity. Private entities may apply for I
				BOAT NJ funding so long as the scope of the project is non-exclusive, open to
				the public at large, and is clearly utilized for a public, not-for-profit
				purpose.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 63 - I BOAT NJ PROGRAM › Subchapter 2 - PROJECT ELIGIBILITY › Section 16:63-2.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Cost estimates
				should be carefully considered, and once made, cannot be increased after a
				grant award. The cost estimate should clearly state, in detail, the amount of
				grant funds being requested and the overall project costs.
(b) Estimates should include cost escalations
				for a two-year period from the date of application. Any increase in cost above
				the grant award will be borne by the applicant.
(c) Costs of the project may include, but are
				not limited to, the cost of services of a registered professional engineer,
				architect, planner, or other professional services for preparation of plans and
				specifications.
(d) Costs not
				eligible for funding include, but are not limited to, preparation and
				submission costs for applications, permit fees, and legal expenses.
(e) The Office of Maritime Resources will
				require comprehensive status reports regarding project development from
				applicants receiving I BOAT NJ Program funds, at six-month intervals, unless
				otherwise stated in the MOA, as well as a final report upon completion of the
				project.
(f) The Office of Maritime
				Resources and the Selection Committee members may visit a project site at any
				reasonable time during the application process and the grant period.
(g) The Office of Maritime Resources will
				report annually in writing to the Commissioner of the Department of
				Transportation on the I BOAT NJ Program.
(h) The report shall include the number and
				type of grant applications received, the number and type of grant proposals
				funded, and other information necessary to hold the program accountable to its
				mission.