Montgomery City Zoning Code
§ 16-6.6
Airport Hazard Area.
[Ord. #90-663, S 6; Ord. #93-790, S 6]
a.
Establishment of the Airport Hazard Area. There is established in the Township of Montgomery an Airport Hazard Area, as delineated on the Township Zoning Map pursuant to N.J.A.C. 16:62 adopted March 20, 1985 by the New Jersey State Department of Transportation, and amended in order to implement the Air Safety and Hazardous Zoning Act of 1983.
b. AIRPORT AIRPORT HAZARD AIRPORT HAZARD AREA BUILDING RESTRICTION LINE CLEAR ZONES EFFECTIVE RUNWAY LENGTH FIXED OR MOVABLE OBSTRUCTION RUNWAY AND SUBZONE RUNWAY LENGTH AND WIDTH RUNWAY SAFETY AREA RUNWAY SUBZONE TAXIWAY THRESHOLD VFR RUNWAY, 5,000 FOOT APPROACH SURFACE (MINIMUM STANDARD)
Definitions.
Shall mean any area of land or water, or both, designated 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 of the Department of Transportation as a public use airport or landing strip.
Shall mean any use of land or water, or both, which may create a dangerous condition for person or property in or about an airport or aircraft during landing or taking-off at an airport; or, any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.
An Airport Hazard Area shall be established for each runway at an airport and shall consist of a Runway Subzone, two Runway End Subzones and two Clear Zones. Overall Airport Hazard Area 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 Hazard Area. The area within those outermost boundaries is that area regulated by the provisions of this chapter and is the Airport Hazard Area for an airport.
Shall mean a line that is a specified distance from the center line of a runway; between this line and the runway, there may be no buildings, structures, trees or other such permanent or semipermanent obstructions.
The Clear Zones of an Airport Hazard Area shall consist of trapezoids located within the Runway End Subzone along the flight approach and departure path. Each Clear Zone shall extend 1,000 feet from the end of the Runway Subzone, as measured along the extended center line of the Runway. 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.
Shall mean that distance measured along a runway center line, from a point on the runway surface where there is a specified slope intersection from obstacles within a specified approach zone to the runway in the direction of travel during the landing. In regard to initial licensing criteria, the effective runway length is affected and reduced by runway gradient to the extent of 20% for each 1% of longitudinal gradient in excess of 2% longitudinal gradient.
When used in context of obstacle free zone, shall mean any use of land or water, including lateral taxiway to runway center line clearance, and any man-made or natural structure or body that is fixed or movable, that is higher than one meter. Objects such as visual approach slope indicators, wind indicators, and the like, are exempted from being such fixed or movable obstructions when they are mounted on frangible posts. Crops also may be exempted upon application and review.
Shall consist of trapezoids located at either end of the Runway Subzone along the flight approach and departure path. Each Runway End Subzone shall extend 3,000 feet from the end of the Runway Subzone, as measured along the extended center line of the runway. The base of the Runway End Subzone shall be defined by the end of the Runway Subzone, and shall have a width of 2,350 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.
Shall mean the dimensioned area usable for the landing or takeoff of aircraft. It may be paved, unpaved, or water. Along their length, runways are required to have a minimum sighting distance between points 1.5m (five feet) high for all distances separated by 350m (1,148 feet).
Shall mean an area in which a runway is symmetrically located and is graded to be smooth and level. These areas are to be maintained in such a condition that aircraft operating thereon may do so safely and with no damage.
Shall consist of a rectangle having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport. The width of the Runway Subzone shall be 2,350 feet and the length of the Runway Subzone shall be the same as the physical length of the runway.
Shall mean a pathway for movement of an aircraft on the surface, usually connecting the landing and takeoff area or runways with support facilities.
Shall mean a line, at right angles to the runway center line and extending for the full width of the runway, established for the purpose of identifying the beginning of the runway area that is designated for the landing of airplanes.
Shall mean a runway approach/departure path that is 1,524 meters (5,000 feet) in length, 76 meters (250 feet) in width at the inner surface, and expands uniformly to 381 meters (1,250 feet) in width at the outer surface. It has a 20/1 upward slope from the ground from its inner surface and is free of penetrating obstacles. From its inner surface to 305 meters (1,000) feet outward, the VFR approach surface and clear zone define the same area and are always so co-located (see definition of "clear zone" herein).
c.
Permitted Uses in the Airport Hazard Area. All uses listed hereinbelow are permitted only if also permitted in the underlying zone districts and only if in accordance with the applicable requirements of this chapter:
1.
Residential single-family detached dwelling units which are situated on a lot at least three acres in size and not located in a Clear Zone.
2.
Open space.
3.
Farming.
4.
Transportation.
5.
Airports as defined and regulated in this chapter.
6.
Commercial (not located in a Clear Zone).
7.
Industrial (not located in a Clear Zone).
d.
Prohibited Uses in the Airport Hazard Area.
1.
Residential dwelling units of any kind, except that single-family detached dwelling units situated on a lot at least three acres in size and not located in a Clear Zone shall be permitted.
2.
Any portion of a Planned Unit Development utilized for residential use.
3.
Hospitals.
4.
Schools.
5.
Above ground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
6.
Within the Runway End Subzones only, the above ground bulk tank storage of flammable or toxic gases and liquids.
7.
Uses that may attract massing birds, including landfills.
8.
Above grade major utility transmission lines and/or mains.
9.
Activities that would attract crowds in excess of 500 persons, except that a specific activity for a specific period of time and in accordance with specific conditions may be permitted by the Township Committee upon application to the Township Committee by the owners of the airport at least 30 days prior to the date of the subject activity.
10.
Except as this requirement may be preempted by the jurisdiction, regulations, actions, or activities of other governmental agencies, and in order to insure maximum safety, no fueling operation shall be conducted with engines on. In the event this requirement is preempted by the jurisdiction, regulations, actions or activities of other governmental agencies and therefore unenforceable by the Township, it shall nevertheless remain a valid and viable expression of the Township's interests and concerns as to its subject matter.
e.
Vertical Development Restrictions.
1.
The maximum height of any structure or planting within the Airport Hazard Area shall not exceed the vertical development standards as set forth herein.
2.
All elevations shall be in relation to the horizontal plane established by runway elevations and not the natural grade of the land.
3.
The vertical standards within the Runway Subzone are determined by:
(a)
A line running 90° outward from each side of the runway center line for a distance of 125 feet in which no development is allowed above the natural grade of the land except for runway and flight safety equipment; and
(b)
Planes running from the edges of the line established in paragraph (a) above (longitudinal zero foot) for the length of the Runway Subzone sloping upward and outward at a rate of seven feet horizontally to one foot vertically to an elevation of 150 feet above its starting point at the outer borders of the Runway Subzone.
4.
The vertical standards within the Runway End Subzone are determined by:
(a)
A plane rising one foot upward to 20 feet outward from the end of the Runway End Subzone with a width of 250 feet, bisected by the extended runway center line, and extending a horizontal length of 3,000 feet to the outermost end of the Runway End Subzone where the width of the plane is 850 feet at an elevation of 150 feet above its starting point; and,
(b)
Planes sloping from the outermost longitudinal edges of the plane established in paragraph (a) above, rising upward one foot in seven feet from the above established plane to where they meet the outermost longitudinal boundaries of the Runway End Subzone at an elevation of 150 feet.
5.
Public and private roads shall be considered as a fifteen-foot and ten-foot vertical development, respectively.
f.
Specific Conditions and Requirements. The Airport Hazard Area is an area of specified dimensions as provided for within this subsection and indicated on the Township Zoning Map. All permitted uses upon lands within the Airport Hazard Area shall conform to the applicable zoning requirements of the zoning district in which the lot is located in addition to the provisions specified herein. Where the provisions of the Airport Hazard Area are more restrictive than the requirements of the underlying zone district, the Airport Hazard Area provisions shall apply.