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

Universal Citation: NJ Admin Code 16:62-1.2

Current through Register Vol. 56, No. 18, September 16, 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.

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