New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 62 - AIR SAFETY AND ZONING › Subchapter 1 - AIR SAFETY AND ZONING › Section 16:62-1.2 - General requirements and provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the Air
				Safety and Zoning Act of 1983, as amended, this chapter establishes minimum
				standards for the control of airport and aeronautical hazards, and standards
				for land use adjacent to airports, which the municipalities of this State shall
				implement. These standards are minimum State standards, and municipalities may
				adopt more rigorous standards for control of the areas and condition under the
				provisions of the Municipal Land Use Law. 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
				take-off area available for the landing and take-off of aircraft at airports
				covered under this chapter.
(c)
				Nothing in this chapter shall be construed as limiting the power of the
				Commissioner regarding the design, placement, location, or operation of
				airports or other aeronautical facilities.
(d) Municipalities of this State are required
				to implement and maintain land use ordinances in accordance with the provisions
				of this chapter. These ordinances are subject to review by the
				Commissioner.
(e) 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, or otherwise interfere with the continuance of any
				nonconforming use.
(f) Airport
				safety zones adjacent to airports not licensed by the State of New Jersey or
				airports which are located within the Port of New York District as defined in
				32:1-3 are not subject to the
				specific provisions of this chapter. Although the specific provisions of this
				chapter apply to areas surrounding only those airports open to the public, this
				in no way limits the power of municipalities to enact substantially similar
				ordinances governing the areas in accordance with the purpose of the Municipal
				Land Use Law.
(g) All persons are
				hereby put on notice that the standards of this chapter are minimum Statewide
				standards. Implementations of these standards does not necessarily guarantee a
				prudent and comprehensive land use and safety program suitable for all
				airports.
(h) The mechanisms
				provided for control of aeronautical hazards within the "Air Safety and Zoning
				Act" rely substantially upon local zoning regulations. The powers to enact
				traditional zoning ordinances upon navigable waters are constrained; and the
				operational characteristics and jurisdictions of water facilities may differ
				substantially from many land facilities; the provisions of this chapter do not
				apply to seaplane or water facilities unless otherwise provided for by the
				Commissioner in
				16:62-7.1. Any interested person
				may petition the Commissioner for review of Air Safety and Zoning issues under
				the operation of any Public Use Seaplane Facility.
(i) The Director may provide for informal
				reviews of permit applications prior to their formal submission to the
				Department.
(j) Within the
				provisions of this Chapter, Interstate highways are considered to be a 17 foot
				vertical development, other public roads are considered to be a 15 foot
				vertical development, a private road is considered to be a 10 foot vertical
				development, and railroads are considered to be a 23 foot vertical
				development.
(k) The review of
				applications under this chapter is limited to the purposes of this chapter as
				they relate to the public health, safety and welfare.
(l) 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 chapter and any agreement with the
				Federal Aviation Administration.
(m) This chapter shall not apply to:
1. Any person who has submitted a complete
				application, as defined and required by the Municipal Land Use Law,
				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.
2. Any person immune to local
				ordinance, 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.