N.J. Admin. Code § 16:54-3.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:54-3.1 - Application forms for permanent facilities

(a) All persons proposing the opening of a new aeronautical facility, the alteration to an existing aeronautical facility listed at N.J.A.C. 16:54-1.3shall submit to the Bureau an "Application for Aeronautical Facility License," Form DA-1, and "Aeronautical Facility Agreement," Form DA-2, including all applicable attachments and FAA Form 7480-1 "Notice of Landing Area Proposal," if required. The forms may be found at http://www.nj.gov/transportation/freight/aviation/forms.shtm.

1. The application shall include, at a minimum:

i. For Form DA-1 applications, all of the items listed in this section as applicable to the type of facility desired;

ii. A description of the expected use and activity level of the new or altered facility;

iii. Proof that the applicant has notified the appropriate governing body where the proposed facility would be located and provided at least one set of certified plan drawings and project description;

iv. Additional materials as may be requested by the Manager, to substantiate the application; and

v. The appropriate application or license renewal fee in accordance with the following schedule:

(1) For any public use airport, seaplane base, heliport, helistop, airship base, balloonspot, or vertiport, the fee for initial application for license or for annual renewal of any license shall be $ 35.00.

(2) For any restricted use airport, seaplane base, heliport, helistop, airship base, balloonspot, or vertiport, the fee for initial application for license or for annual renewal of any license shall be $ 25.00.

(3) For any special use airport, seaplane base, heliport, helistop, airship base, balloonspot, or vertiport, the fee for initial application for license or for annual renewal of any license shall be $ 15.00.

(4) For any temporary airport, seaplane base, heliport, helistop, airship base, balloonspot, or vertiport, the fee for application for license shall be $ 10.00.

(5) For any parachute drop zone or parachuting event, the fee for license shall be $ 20.00.

(6) For any ultralight recreational facility, the fee for license shall be $ 15.00.

2. Unless otherwise specified in this chapter, submit a scaled plan drawing(s) or an annotated scaled aerial photograph, showing the specific information required for the specific type of facility.

i. For airports, a scale of one inch equals 400 feet shall be used showing:

(1) True north;

(2) Latitude and longitude to the nearest ten thousandth of a minute or hundredth of a second;

(3) Field elevation (MSL);

(4) Actual length and width, of runway(s);

(5) Magnetic alignment of runway(s) to nearest second;

(6) Location(s) use, and height(s), of structures on or proposed for the facility.

(7) Location(s), use, and height(s) (MSL), of obstruction(s) in the Airport Safety Zone, if applicable;

(8) Location(s), use, and height(s) (MSL), of obstruction(s) at facilities, where Airport Safety Zoning does not apply, contiguous to the facility within at least 3,000 feet from the end of each runway and at least 500 feet from each side of the centerline of the runway(s);

(9) Proposed air traffic patterns superimposed on the drawing with pattern altitudes indicated;

(10) Include a listing of all aeronautical facilities located within five statute miles of the site; and

(11) Facility property lines and municipal boundaries.

ii. For heliports or helistops, a scale of one inch equals 50 feet shall be used, showing:

(1) True north;

(2) Latitude and longitude to the nearest ten thousandth of a minute or hundredth of a second;

(3) Field elevations (MSL);

(4) Actual depiction and dimensions of the TLOF and FATO;

(5) Location(s) and height(s) (MSL) of any obstructions within a radius of 1,000 feet of the reference point;

(6) Depiction(s) of approach/departure path(s);

(7) Facility property lines and municipal boundaries; and

(8) For an elevated heliport or helistop, submit a certified plan drawing showing that the load bearing capability structural limits of any structure proposed is sufficient for the type of operations anticipated.

iii. Also for heliports and helistops, a scale of one inch equals 400 feet shall be used showing:

(1) Location(s) and height(s) (MSL) of any obstructions within a radius of 3,000 feet of the reference point;

(2) Depiction(s) of approach/departure path(s); and

(3) Facility property lines and municipal boundaries.

iv. For vertiports, a scale of one-inch equals 100 feet shall be used, showing:

(1) True north;

(2) Latitude and longitude to the nearest ten-thousandth of a minute or hundredth of a second;

(3) Field evaluation (MSL);

(4) Actual dimensions of the TLOF, FATO, and Safety Area;

(5) Magnetic alignment of the approach/departure surfaces to the nearest degree; and

(6) Location(s), use, and height(s) of structures on or proposed for the facility.

v. For vertiports, a scale of one-inch equals 400 feet shall also be used showing:

(1) Location(s) and height(s) (MSL) of any obstructions within a radius of 4,000 feet of the reference point;

(2) Depiction(s) of approach/departure path(s); and

(3) Facility property lines and municipal boundaries.

vi. For balloonspots, a scale of one inch equals 100 feet shall be used showing:

(1) True north;

(2) Latitude and longitude to the nearest ten thousandth of a minute or hundredth of a second;

(3) Field elevation (MSL);

(4) Actual dimensions of the departure area;

(5) Location(s) and height(s) (MSL) of any obstructions within a radius of 1,000 feet of the center of the proposed facility; and

(6) Facility property lines and municipal boundaries.

vii. For airship bases, a scale of one inch equals 100 feet shall be used, showing:

(1) True north;

(2) Latitude and longitude to the nearest ten thousandth of a minute or hundredth of a second;

(3) Field evaluation (MSL);

(4) Actual dimensions of the operating area;

(5) Magnetic alignment of runway(s) to nearest second;

(6) Mast location and airship drift clearance; and

(7) Location(s), use, and height(s), of structures on or proposed for the facility.

viii. Also for airship bases, a scale of one inch equals 400 feet shall also be used showing:

(1) Proposed air traffic patterns superimposed on the drawing with pattern altitudes indicated; and

(2) Mast location and airship drift clearance.

ix. For parachute drop zones, a scale of one inch equals 400 feet shall be used, showing:

(1) True north;

(2) Latitude and longitude to the nearest ten thousandth of a minute or hundredth of a second;

(3) Actual dimensions of the drop zone;

(4) Locations, runway alignments, and traffic patterns of any other aeronautical facilities within 3,000 feet of the center of the drop zone;

(5) All roads, streets, powerlines, telephone lines, and bodies of water (where any depth at any time exceeds four feet), within 1,000 feet of the center of the drop zone;

(6) All buildings with heights above the drop zone elevation within 500 feet of the center of the drop zone; and

(7) All inhabited buildings within 1,000 feet of the center of the drop zone.

x. Parachute drop zone applications shall also include a listing of all aeronautical facilities located within five miles of the site.

xi. A license for an ultralight recreational facility is not required if the facility is located at a licensed airport. If the facility is at a location other than an airport, a license is required and the application shall include:

(1) A completed copy of FAA Form 7480-1, "Notice of Proposed Construction or Alteration" (or subsequent form as amended and supplemented) at the same time the form is submitted to the FAA. Submit a copy of the FAA Final Determination of Landing Area proposal, when received;

(2) A sketch that includes sufficient detail to demonstrate that the proposed ultralight recreational facility is capable of accepting the operation proposed;

(3) Certification that the areas to be utilized are under the control of the applicant or are being used with the permission of the landowner;

(4) A description of the provisions to be made for the safety of those persons in the immediate vicinity of the operation and those participating in the operations;

(5) The name, address, and phone number of the person responsible for the conduct of operations at the proposed facility;

(6) Aircraft specifications and performance data indicating that the intended operations can be safely conducted in the areas intended for use; and

(7) A description of the general qualifications of persons intending to utilize the facility.

xii. Ultralight recreational facility licenses shall provide delineation of approved operations, and all applicable privileges, restrictions, or limitations.

3. Upon request by the Manager, submit a legal description, certified by a land surveyor or professional engineer licensed by the State Board of Professional Engineers and Land Surveyors as truly describing the site for which a license is requested or held.

4. If the aeronautical facility premises are not owned by the applicant, the applicant shall:

i. Identify on the license application the owner(s) and any other parties who hold an interest in the property by lease or otherwise, and specify their interest; and

ii. Upon request, submit copies of all documents of title or interest to the Bureau. Prior to licensing, the applicant shall submit written approval for the facility from the person(s) controlling the proposed facility premises.

5. In addition to the materials required in (a)1 to 4 above, the applicant shall submit copies of permits, or applications for permits, notices of intent, or other documents that are required by any other Federal, State, or local agency with jurisdiction. If only permit applications are submitted, final permits or letters of denial shall be submitted when received.

6. For any change that will require relocation, transfer, or eviction of tenants, submit a plan explaining how facility tenants and/or users are to be notified, and what opportunities are available for relocation;

7. Applicants submitting requests under the requirements of N.J.A.C. 16:56, Airport Grant and Loan Program, are exempt from duplicate DA-1 and DA-2 requirements;

8. Submit a completed copy of FAA Form 7480-1, "Notice of Proposed Construction or Alteration" (or subsequent form as amended and supplemented) at the same time the form is submitted to the FAA; and

9. Submit a copy of the FAA Final Determination of Landing Area proposal, when received.

(b) Pursuant to N.J.A.C. 16:54-11, the applicant may request, in writing, to the Bureau, waivers of application requirements. The Manager may approve the waivers based on the following:

1. Hardship to the applicant; or

2. Demonstrated substantial compliance with the provisions of this chapter; or

3. When the scope and magnitude of the requirement does not require full compliance.

N.J. Admin. Code § 16:54-3.1

Amended by 48 N.J.R. 1684(a), effective 8/15/2016

Amended by 51 N.J.R. 92(a), effective 1/7/2019

Amended by 55 N.J.R. 2417(a), effective 12/4/2023