N.J. Admin. Code § 16:62-6.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 16:62-6.1 - General provisions

(a) The Commissioner may issue a permit for creation or establishment of a nonconforming use or vertical height development within an airport safety zone upon determination that:

1. An application in conformance with the provisions of this section has been properly submitted;

2. A conditional development approval has been granted by the appropriate municipal agency, if required;

3. The creation of the prohibited land use or vertical height development will not in fact create an additional airport hazard limiting the size of the area available for landing, taking-off and maneuvering of aircraft; and

4. Creation or establishment of the prohibited land use or vertical height development will not harm the public health, safety and welfare.

(b) No person may commence the construction or development of any structure, land use, or condition which is contrary to the standards of this chapter without a valid permit issued by the Commissioner.

(c) In considering an application for a permit, the Director may confer with and seek additional information from the applicant or any other interested party, agency, or governmental organization.

(d) In the review of an application, the Department may take into consideration any factor relevant to the hardship demonstrated by the applicant and any information relevant to the public health, safety and welfare.

N.J. Admin. Code § 16:62-6.1

Amended by R.1995 d.76, effective 2/6/1995.
See: 26 New Jersey Register 4502(a), 27 New Jersey Register 525(a).