N.J. Admin. Code § 16:62-5.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:62-5.1 - Minimum land use standards

(a) Within the safety zones delineated in N.J.A.C. 16:62-3.1, each municipality shall implement under N.J.A.C. 16:62-2.1, ordinances which implement the following standards for land use around airports. Prohibited land uses are specifically prohibited without the written approval of the Commissioner. Prohibited land uses may be allowed by the Commissioner on airport property when they are determined necessary by the Director for air commerce purposes or for the operation of the airport and its vendors directly serving air commerce needs. An example of this is a flight school.

1. Permitted land uses:

i. Residential-single family dwelling units which are situated on a lot at least three acres in size and not located in a CLEAR ZONE. Residential zoning is permitted in the CLEAR ZONE as long as all dwellings are physically located outside of the CLEAR ZONE;

ii. Airpark (minimum lot size of at least three acres which are not located in a CLEAR ZONE);

iii. Open space;

iv. Agricultural;

v. Transportation;

vi. Airport;

vii. Commercial (not located in a CLEAR ZONE);

viii. Industrial (not located in a CLEAR ZONE);

2. Specifically prohibited land uses:

i. Residential (dwelling units) not situated on a lot of at least three acres in size;

ii. Planned unit developments and multifamily dwellings;

iii. Hospitals;

iv. Schools;

v. Above ground bulk tank storage of compressed flammable or compressed toxic gases and liquids;

vi. Within the RUNWAY END SUBZONES only, the above ground bulk tank storage of flammable or toxic gases and liquids;

vii. Uses that may attract massing birds, including land fills;

viii. Above grade major utility transmission lines and/or mains.

(b) Subject to review by the Director, a municipality may implement land uses substantially similar to those listed as permitted land uses in (a)1i-vi above as long as they are in accord with the intents of this chapter as determined by the Commissioner. A municipality may not, however, implement a land use ordinance or plan which may have the effect of allowing or promoting the establishment of specifically prohibited land uses as determined by the Commissioner. A municipality further may not implement ordinances which would have the effect of preventing routine improvement of an aeronautical facility or airport within the area zoned under this chapter.

(c) Municipalities shall, when developing land use ordinances to conform with the provisions of this chapter, adopt general land use provisions within the ordinance to minimize unwarranted concentrations of persons within Airport Safety Zones, especially along the extended runway centerlines within RUNWAY END SUBZONES.

N.J. Admin. Code § 16:62-5.1

Amended by R.1985 d.537, effective 11/4/1985.
See: 17 New Jersey Register 1869(a), 17 New Jersey Register 2673(b).
(c) added.
Amended by R.1989 d.242, effective 5/15/1989.
See: 20 New Jersey Register 3007(a), 21 New Jersey Register 1376(c).
In (a)1i: Deleted "Industrial" and added new language regarding residential-single family dwelling units and permitted land uses. In (a)1ii: Deleted "Commercial" and added new language describing "Airpark." Added new (a)1vii and viii. In (a)2i: Added language specifying lot size requirement for residential (dwelling units).
Amended by R.1995 d.76, effective 2/6/1995.
See: 26 New Jersey Register 4502(a), 27 New Jersey Register 525(a).