Buena City Zoning Code
ARTICLE XIX
Air Safety and Hazardous Zoning Standards
§ 150-206 Purpose.
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.
§ 150-207 General requirements and provisions.
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.
§ 150-208 Municipal requirements.
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.
§ 150-209 Delineation of airport hazard areas.
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.
B.
The two types of subzones comprising an airport hazard area are the runway subzone and the runway end subzone. See Figures 1 and 2 for graphic illustration.[1]
[1]
Editor's Note: Figures 1 and 2 are included at the end of this chapter.
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.
§ 150-210 Minimum obstruction standards.
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.
§ 150-211 Uses prohibited in runway end subzones.
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).
§ 150-212 Permit for nonconforming use or vertical height development.
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.
§ 150-213 Provisions for amended and special airport standards.
§ 150-214 Permits for development immune to local ordinances.
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.
§ 150-215 Existing land uses not conforming to these standards.
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.
§ 150-216 Effective date; construal of provisions.
§ 150-217 Liability.
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.