Robbinsville Township
City Zoning Code
City Zoning Code
ARTICLE VI
Exceptions and Modifications
§ 142-58 Areas of special flood hazard.
§ 142-59 Affordable housing obligation.
[Amended 12-19-2024 by Ord. No. 2024-44]
A.
Authority and purpose. Pursuant to the provisions of the Third Round Substantive Rules promulgated and adopted by the New Jersey Department of Community Affairs (DCA), N.J.A.C. 5:94 et seq. and N.J.A.C. 5:95 et seq., it is hereby declared that the purpose of this section is to help the Township fulfill its affirmative obligation to facilitate the provision of affordable housing.
B.
Definitions. As used in this section, words and phrases shall have the same meanings they have pursuant to N.J.A.C. 5:94-1.4, as said provision may from time to time be amended.
C.
Uniform affordable housing production obligation based upon growth share.
(1)
Residential development requirements.
(a)
All new residential development in any zoning district shall be required to provide affordable housing at the ratio of at least one affordable housing unit for every eight new market-rate residential units proposed. The provision of the affordable housing unit(s) required shall be through on-site construction or through the creation of affordable units off site.
(b)
(c)
For the purposes of this section, "residential development" shall include new market-rate residential units created from the conversion of a nonresidential building to residential unit(s) requiring the issuance of a certificate of occupancy.
D.
Compliance mechanisms.
(1)
Construction of affordable housing on site.
(a)
As to affordable housing units constructed on site within a residential development:
[1]
The affordable housing units may be provided within single-family dwellings, duplex buildings, triplex buildings or quadriplex buildings, mixed in with market-rate units as well as designed to resemble as nearly as possible the single-family homes otherwise being constructed within the development to accommodate the market units. Such buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the affordable housing obligation.
[2]
No density bonus shall be granted for the construction of the affordable housing units on site.
[3]
The lots within the development may be reduced in area and width to 50% of the area and width otherwise required in the applicable zone in order to accommodate the construction of the affordable housing units on one or more lots on the same tract. All required setback, building height and coverage limits for the zone shall be met on all lots.
[4]
All affordable units shall comply with DCA's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
[Amended 12-19-2024 by Ord. No. 2024-44]
[5]
All required setbacks, building height, open space requirements and coverage limits for the zone shall be met on all lots.
[6]
All applicable Board of Health and NJDEP regulations for water supply and sewage treatment shall be met.
(b)
As to affordable housing units constructed on site within a nonresidential development:
[1]
Affordable housing units may be constructed within or converted from space above the first floor level in nonresidential buildings or may be constructed in a separate building or buildings on the same site as a permitted nonresidential use or development, subject to site plan review by the Land Use Board. Mixed-use buildings containing up to eight affordable units each shall be considered to be permitted uses in all nonresidential zoning districts, with the exception of warehouse districts, in Robbinsville Township, notwithstanding any other provisions of this chapter to the contrary.
[Amended 7-20-2022 by Ord. No. 2022-27]
[2]
All required setbacks, building heights and coverage limits for the zone shall be met on nonresidential lots containing affordable housing units.
[3]
In computing the required parking for any mixed-use development containing affordable housing units, consideration shall be given to shared parking opportunities.
[4]
All affordable units shall comply with DCA's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
[Amended 12-19-2024 by Ord. No. 2024-44]
[5]
All applicable Board of Health and NJDEP regulations for water supply and sewage treatment shall be met.
(2)
Creation of affordable housing units off site but within the Township.
(a)
Developers electing to create affordable units elsewhere within Robbinsville Township may do so with the prior written consent of the Township Council on vacant or underutilized land or within existing buildings, whether converted, reconstructed or purchased for buy down, in any residential zone of Robbinsville Township, as set forth and regulated herein. Prior to granting its consent, the Township Council shall first refer the developer's request to the Land Use Board, which shall, within 30 days after referral, provide written comment to the Township Council as to whether any undeveloped land in question would be suitable for construction of affordable units.
[Amended 7-20-2022 by Ord. No. 2022-27]
(b)
Within the zones in Robbinsville Township containing existing buildings, the reconstruction and conversion of any dwelling from a single- or two-family dwelling into a building containing up to three dwellings in which all such dwelling units are deed restricted for affordability to and occupancy by low- and moderate-income households shall be permitted as of right, subject to meeting all other requirements of this subsection, notwithstanding any other provisions of this chapter to the contrary.
(c)
The minimum square footage of each individual dwelling shall be as determined by the Land Use Board on a case-by-case basis.
[Amended 7-20-2022 by Ord. No. 2022-27]
(d)
All affordable units shall comply with DCA's rules pertaining to the phasing, integration, low/moderate income split, controls on affordability, bedroom distribution, affirmative marketing, heating source and administration of the affordable units, as set forth in N.J.A.C. 5:94-4.4 and elsewhere in the rules.
[Amended 12-19-2024 by Ord. No. 2024-44]
(e)
All required setbacks, buildings height and coverage limits for the zone shall be met on lots containing affordable housing units.
(f)
All such units shall meet or shall be improved to meet UCC requirements and shall be certified to be in standard condition prior to their conveyance or occupancy.
(3)
Payments in lieu of construction.
(a)
Payments in lieu of construction of affordable housing shall be based upon a proportionate share of the total project cost embodied in one or more pro-forma statements ["pro-forma(s)"] for the construction of an affordable housing development elsewhere within Robbinsville Township, which proforma(s) shall be on file in the office of the Municipal Clerk. The actual payment in lieu of construction to be made by the developer shall be subject to negotiation with the Township based upon the following considerations: the actual land costs of the site(s) identified for affordable housing construction elsewhere in Robbinsville Township or reasonable and acceptable offers to substitute land, site preparation and/or construction services for all or a portion of the monetary payment otherwise required, the actual cost of buying down or subsidizing one or more existing or planned market-priced dwelling units to achieve a cost affordable to a qualified household.
(b)
Regardless of the mechanism selected by the developer for satisfying the required number of affordable housing units, any development or portion thereof that generates a fraction of an affordable housing unit as all or a portion of the obligation shall under any circumstances be required to make a payment in lieu of construction of or that fraction of a unit based on the pro rata cost of constructing an affordable housing unit in Robbinsville Township.
(4)
Other requirements. (Reserved)
(5)
Exemptions. The Township exempts the following types of development from satisfying an affordable housing obligation under the terms of this section:
[Amended 12-19-2024 by Ord. No. 2024-44]
§ 142-59.1 Municipal Housing Liaison.
A.
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of Robbinsville Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
B. ADMINISTRATIVE AGENT MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following terms shall have the meanings indicated:
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Robbinsville Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Robbinsville Township.
C.
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
(1)
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for Robbinsville Township.
(2)
Subject to the approval of the Department of Community Affairs (DCA), the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
[Amended 12-19-2024 by Ord. No. 2024-44]
(3)
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Robbinsville Township, including the following responsibilities which may not be contracted out:
(a)
Serving as Robbinsville Township's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b)
Monitoring the status of all restricted units in Robbinsville Township's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual reports as required by DCA;
[Amended 12-19-2024 by Ord. No. 2024-44]
(d)
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(e)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by DCA;
[Amended 12-19-2024 by Ord. No. 2024-44]
(4)
Subject to approval by DCA, Robbinsville Township may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Robbinsville Township. If Robbinsville Township contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
[Amended 12-19-2024 by Ord. No. 2024-44]
(5)
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
(6)
Administrative powers and duties assigned to the Municipal Housing Liaison shall include those tasks not specifically delegated to the approved administrative agent as part of the contract period.
(7)
The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities.
§ 142-61 Conditional uses.
[Amended 10-11-2012 by Ord. No. 2012-17; 3-18-2013 by Ord. No. 2013-3; 11-14-2014 by Ord. No. 2014-22; 7-13-2021 by Ord. No. 2021-20; 7-20-2022 by Ord. No. 2022-27; 9-8-2022 by Ord. No. 2022-36; 11-8-2022 by Ord. No. 2022-39; 2-25-2023 by Ord. No. 2023-9; 5-15-2023 by Ord. No. 2023-23; 11-14-2024 by Ord. No. 2024-40; 4-24-2025 by Ord. No. 2025-18]
Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Land Use Board as required by N.J.S.A. 40:55d-70(d)(3). The Land Use Board shall grant or deny the application within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant. The review by the Land Use Board of a conditional use shall include any required site plan review. Public notice and a hearing shall be required as stipulated. All requests for approval of conditional uses, the burden of proof shall be on the applicant. The Land Use Board shall give due consideration to all reasonable elements, which could affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s).
A.
Office and research uses in RR Zone.
(1)
Permitted as conditional uses in the RR Zone.
(2)
Minimum tract size shall be 50 acres.
(3)
All properties must have direct access to Route 130 or the proposed loop road as shown on the Robbinsville Township Master Plan. Such access to the loop road must be to a completed section which connects to Route 130, to the interchange of Interstate 195 or to the interchange of the New Jersey Turnpike.
(4)
Private wells and private sewage disposal systems are permitted, and there shall be no connections to public sewer, unless such areas are shown to be within the future sewer service areas as identified on the adopted Robbinsville Township Master Plan, in which case, dry sewer lines may be required by the Township of Robbinsville Utilities Department.
(5)
That the potential for flooding, excess runoff and surface erosion have been considered and resolved to avoid adverse effects on the development and on surrounding areas. The one-hundred-year floodplain and any inland wetlands, designated by the U.S. Department of the Interior or U.S. Army Corps of Engineers are excluded from any calculations for density.
(7)
Buffer yards shall be 200 feet.
(8)
Maximum height for buildings shall be two stories or 30 feet.
(9)
A 200-foot minimum setback for one-story buildings is required, and a 300-foot minimum setback for two-story buildings is required.
(11)
Site must be extensively landscaped, utilizing Belgian block curbing, street trees, and decorative lighting standards.
(12)
All parking must be screened.
B.
Nursery schools and day-care centers as defined in § 142-7.
(1)
Permitted as conditional uses in the RR Rural Residential, RR-T2 Rural Residential-Transition District, RR-T1 Rural Residential-Transition and TC Town Center Districts.
(2)
Access from a public street with safe ingress and egress to the site must be provided.
(3)
One parking space per teacher/employee on the largest shift, plus one off-street loading space per six students is required.
(4)
On-site dropoff and pickup for children must be provided.
(5)
Buffer yards shall be 30 feet.
(6)
Hours of operation shall be 6:30 a.m. to 6:30 p.m.
(7)
Operators shall be licensed by the State of New Jersey.
(8)
Nursery schools and day-care centers shall meet all the other requirements of the zone in which they are located.
C.
D.
All agricultural activities and farm-related uses of land, including, but not limited to, the sale of agricultural, horticultural or forestry produce or products which has been raised on the property from which it is sold and freezing lockers or other similar facilities for the sale, storage and processing of farm and livestock produce, including the sale of firewood, which has been raised on the farm from or on which it is to be sold, stored or processed.
(1)
Permitted as a conditional use in the RR Rural Residential and R1.5 Low Density Residential District.
(2)
Adequate lot area and yard spaces shall be provided.
(3)
Buildings and use cannot adversely affect the residential character of the neighborhood.
(4)
Adequate parking must be provided.
(5)
Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
E.
Senior citizens housing.
(1)
Permitted as a conditional use in that area of the R1.5 Low Density Residential District designated on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(2)
"Senior citizen housing" is defined as housing for residents aged 55 years or over.
(3)
Standards (maximums).
(a)
Minimum tract size: 50 acres.
(b)
Maximum gross density: 3.0.
(c)
Open space ratio: 0.35.
(d)
Impervious surface ratio: 0.30.
(e)
Parking: 2.0 spaces per unit.
(f)
Height: 2.5 stories or 35 feet.
(g)
Unit types permitted may include detached, semiattached and multifamily units, provided that there shall not be greater than 40% multifamily units.
(h)
A minimum of 150 housing units shall be provided.
(4)
The development shall meet the following additional conditions:
(a)
The development shall connect to and provide for the construction of the loop road designated on the Township Master Plan.
(b)
A minimum of 75% of all dwelling units shall have access to common open space.
(c)
All considerations of cluster residential development option shall be satisfied.
(d)
Phasing plan. The Land Use Board shall provide for phasing of development in this zone. The phasing schedule shall ensure that development in this zone shall be consistent with the development of infrastructure and supporting services and the sound management of growth in Robbinsville Township.
F.
Service stations.
(1)
Permitted as a conditional use.
(2)
Vehicular entrances and exits shall be clearly visible from the highway or street upon which such use is located and shall be in accordance with the NJDOT Access Code § 16:47-3.8[2] regarding the minimum distance from a commercial driveway to an intersection; and further provided that all gasoline filling pumps and air pumps shall be located at least 100 feet from any street right-of-way line or proposed future street right-of-way line as shown in the adopted traffic circulation plan.
[2]
Editor's Note: See N.J.A.C. § 16:47-3.8.
(3)
No part of any service station may be used for residential or sleeping purposes.
(4)
No service station shall be located within a 200-foot radius of any residential zone boundary measured between the property line and the boundary of the nearest zone in which residential housing is a permitted use.
(5)
All lifts, appliances, pits, storage areas, trash facilities and greasing equipment other than gasoline filling pumps or air pumps shall be located within an enclosed building.
(6)
No gasoline, air or oil pump, and no other service appliances installed for use in connection with any service station, shall be so installed or located within 50 feet of any side or rear lot line.
(7)
No junked motor vehicle or boat or part thereof or any unlicensed or unregistered motor vehicle shall be permitted on the premises of any service station. However, any motor vehicle awaiting repair may be located on the premises, provided that the vehicle shall be located in the rear or side yard and shall be screened from view with landscaping and a fence such that no stored vehicle shall be visible from the front of the premises or from any adjacent premises or from the road providing access to the facility. Fences, berms or landscaping forming a 100% visually impervious screen shall be required.
(8)
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale purposes shall not be permitted as part of a service station.
(9)
No parking of vehicles shall be permitted on unpaved area.
(10)
Landscaping shall be provided in the front, side and rear yard area. The front yard shall be landscaped, within the area with a minimum depth of 25 feet from the right-of-way.
(11)
For the purposes of this subsection, body and mechanical repair shops shall be considered as service stations except that all outside work, parking or storage areas shall be enclosed with a masonry wall and landscaped.
(12)
The application submitted for approval of a service station as a conditional use shall show, in addition to the exact location and dimensions of all aboveground structures, including gasoline pumps, the exact locations, dimensions, capacities and depths below the surface of any tanks to be installed and the specifications for the construction of tanks for the prevention of groundwater contamination.
(13)
Where other development is to include a service station as an accessory use, such service station shall be developed in a manner compatible with the development of the remainder of the tract and any adjacent properties. The land to be devoted to such service station shall be retained under single ownership with the remainder of the tract, and a means of access shall be provided to the service station from within the tract. The Board shall find that sufficient buffering is provided and that the design and orientation of buildings, signs and lighting are compatible with adjoining properties and with the remainder of the tract. The provisions of Article V shall also apply.
G.
Motels.
(1)
Permitted as a conditional use.
(2)
Any motel that may be constructed on a lot or parcel of land must contain a minimum of at least 100 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
(3)
Each unit of accommodation shall contain a minimum floor area of 250 square feet.
(4)
Each unit of accommodation shall include a minimum of two rooms: a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a toilet, a wash basin and a bathtub and shower, all properly connected to a water and sewer system, and no unit shall contain any cooking facilities whatsoever.
(5)
There shall be a residency limitation on all guests of a maximum of 30 days. The foregoing residency limitation shall not apply to an employee living on the premises. Any party who has resided at the motel as a guest for 20 days or more who resumes residency again within 30 days of the termination of this residency and remains as a guest for more than 10 days shall be in violation of this section, as will the motel permitting said resumption of residency.
(6)
All units shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
(7)
The site shall be extensively landscaped.
H.
Car washes.
(1)
Permitted as a conditional use in the OW District.
(2)
All activities must be conducted within a totally enclosed building.
(3)
Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with this use.
(4)
This use shall not include a self-service or coin-operated car wash area in any form.
(5)
The site shall be extensively landscaped.
I.
Public utility uses.
(1)
Permitted as a conditional use in all districts except the VC District.
(2)
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations, water, sewer, and other public utility services, but shall not include service or storage yards, landfills, storage and/or disposal of hazardous waste and similar nonessential uses.
(3)
The proposed installation in a specific location shall be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(4)
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which such building is located.
(5)
Adequate fences and other safety devices shall be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code 74 in effect at the time of construction.
(6)
Sufficient landscaping, including shrubs, trees and lawn, shall be provided and periodically maintained to provide a 100% visually impervious screen/buffer.
(7)
Adequate off-street parking shall be provided.
(8)
All of the area, yard, building coverage and height requirements of the respective zone shall be met.
J.
(Reserved)
K.
(Reserved)
L.
Single-family residences.
(1)
Single-family residences are permitted as a conditional use in the PCD District.
(2)
The premises was previously used as a single-family detached dwelling, which was lawfully constructed on the lot prior to November 1, 1996.
M.
House of worship, Sunday school buildings and parish houses.
(1)
When a house of worship is less than 3,000 square feet:
(a)
The minimum lot area shall be two acres.
(b)
All buildings shall conform to the maximum height standard for the zone.
(c)
The applicant shall submit a list of proposed activities, anticipated participants and a timetable reflecting the hours in which each building will be in use so that parking requirements can be determined.
(d)
No parking shall be permitted between any right-of-way line and the front yard requirement of the zone in which the structures are proposed to be located.
(2)
When the proposed house of worship is larger than 3,000 square feet:
(a)
The minimum lot area shall be five acres.
(b)
The property shall have direct access to State Highway Route 33 or State Highway Route 130 or within a planned commercial park with direct access to State Highway Route 130 or State Highway Route 33.
(c)
All buildings shall conform to the maximum height standard for the zone.
(d)
The proposed facility shall be serviced by public sewer and public water.
(e)
The applicant shall submit a list of proposed activities, anticipated participants and a timetable reflecting the hours in which each building will be in use so that parking requirements can be determined.
(f)
No parking shall be permitted between any right-of-way line and the front yard requirement of the zone in which the structures are proposed to be located.
(3)
Regardless of the size, the house of worship shall have sufficient parking for the intended use. Such structure shall be located so as to conform with the setbacks established for the district.
Q.
Parking in the airport zone.
(1)
Parking of Class 2, Class 3, Class 4, Class 5, Class 6, and Class 7 vehicles as such are defined by the New Jersey Department of Transportation shall be permitted on Lot 10, Block 28, subject to the following conditions:
(a)
Class 2, Class 3, Class 4, Class 5, Class 6, and Class 7 vehicles as such are defined by the New Jersey Department of Transportation are permitted. The parking of any other vehicle type is strictly prohibited.
(c)
There shall be no overnight sleeping arrangements provided on the property, and no overnight sleeping shall be permitted in any of the vehicles parked on the property.
(d)
Site plan approval by the Planning Board shall be required for the parking area. Parking area design shall be in accordance with:
(e)
Any use, structure or activity of any kind shall be undertaken pursuant to this subsection unless in full conformance with the applicable regulations of § 142-28, AS&AH Air Safety and Air Hazard Zone.
(f)
Deviations or departures from any of the aforementioned conditions shall require variance relief under N.J.S.A. 40:55D-70(d)(3).
§ 142-62 Temporary uses.
A.
Zoning permit required. No temporary use shall be established unless a zoning permit evidencing the compliance of such use with the provisions of this section and other applicable provisions of this chapter shall have first been issued by the Zoning Officer.
C.
Temporary uses permitted. The following are temporary uses which are permitted subject to the following specific regulations and standards, in addition to the other requirements specified in this chapter:
(1)
Contractor's office and construction equipment sheds.
(2)
Real estate sales office.
(a)
Permitted in any district for any new subdivision approved in accordance with Township subdivision regulations. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.
(b)
Maximum length of permit shall be one year.
(c)
Office shall be removed upon completion of the development of the subdivision.
(4)
Temporary shelter.
(a)
When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations.
(b)
Required water and sanitary facilities shall be provided.
(c)
Maximum length of permit shall be six months. The permit may be renewed for a period not to exceed 60 days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least 15 days prior to expiration of the original permit.
§ 142-63 Corner lots.
Any structure located on a corner lot shall be set back from both streets at least the required front yard distance(s) but in no case less than the required distance(s) formed by the sight triangles specified in § 142-36.
§ 142-64 Height limits.
Roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, and attached antennas, skylights, spires, belfries, domes not occupied or intended to be occupied by humans, cupolas, flagpoles, chimneys, water tanks or similar structures may be erected above the height limits prescribed by this chapter for each zone district except that in no case shall the maximum height of any structure exceed 55 feet. Farm silos shall have no height restrictions. However, nothing in this section shall be construed to obstruct the application of the Federal Aviation Regulation, Part 77, regarding height restrictions in airport runway approach and departure zones and other protective imaginary surfaces.