§ 356 — Protection of approaches to public airport

§ 356. Protection of approaches to public airport. 1. It is hereby\ndeclared that a flight hazard within the flight hazard area as defined\nin section three hundred fifty-five of this chapter endangers the lives\nand property of users of the airport and of occupants of land in its\nvicinity, and also, if of the obstruction type, in effect reduces the\nsize of the area available for the landing, taking off and maneuvering\nof aircraft, thus tending to destroy or impair the public utility of the\nairport and the public investment therein. Accordingly it is hereby\ndeclared as a matter of public policy: (a) that the creation or\nestablishment of a flight hazard within such flight hazard area is a\npublic nuisance and an injury to the people and community served by such\npublic airport; (b) that it is, therefore, necessary in the interest of\nthe public safety, public health and general public welfare, that the\ncreation or establishment of such flight hazards be prevented; (c) that\nthis be accomplished to the extent legally possible under the\nconstitution of the state by exercise of the police power without\ncompensation, by the municipalities affected thereby under the authority\ngranted in the following subdivisions; (d) that where the application of\nregulations promulgated under such police power in any particular case\nwould prove so unreasonable as in fact to constitute a taking of the\nproperty affected, there is provided in section three hundred fifty-five\nof this chapter authority for the expenditure by municipalities of\npublic funds for the acquisition of the fee or such lesser interest in\nproperty as may be necessary and proper to abate such particular hazard\nor prevent the creation of such hazard within the flight hazard area.\n 2. Any city, village or town having within its territorial limits any\npart of a flight hazard area as defined in section three hundred\nfifty-five of this chapter is hereby empowered by action of its\ngoverning body after due notice and hearing to adopt, amend and enforce\nregulations applicable within municipal limits for the protection of\npersons and property within such flight hazard area. Such regulations\nmay divide such flight hazard area into different districts, and within\neach such district may apply regulations which may differ as between\ndifferent districts, and may differ according to angles of elevation and\ndistances computed from the ends of the runway of such airport and from\nthe boundaries of approach and turning zones as may be required but\notherwise shall be uniform within districts of the same classification.\nSuch regulations may restrict and limit the height to which buildings or\nstructures may be erected or trees or other natural objects permitted to\nexist or grow in such flight hazard area and shall conform so far as\nlocally practicable to such standards as may be promulgated and approved\nby the Federal Civil Aeronautics Administration or its successor.\n 3. Where a public airport or any part of its flight hazard area lies\nin one or more municipalities, upon the request of the municipality\nowning such airport, any municipality affected thereby and empowered as\ndescribed above may by resolution duly adopted join with the\nmunicipality owning such airport in the establishment of a joint airport\nzoning board. Such board shall prepare appropriate regulations for such\nflight hazard area of the character authorized in subdivision two of\nthis section and in accordance so far as locally practicable with such\nstandards promulgated and approved by the Federal Civil Aeronautics\nAdministration or its successor and shall recommend the adoption in any\nmunicipality wherein any part of such flight hazard area is located of\nsuch regulations as may be applicable within their respective municipal\nlimits. The cost of preparing, enacting, publishing and amending such\nregulations as may be adopted by a municipality in accordance with the\nrecommendations of such joint board shall be charged to the requesting\nmunicipality owning such airport or may be shared by the participating\nmunicipalities in such other manner as may be recommended by such joint\nboard and mutually agreed to by each municipality affected thereby. Each\nmunicipality joining in the creation of such joint board is hereby\nauthorized to appropriate moneys for its agreed upon share of the\nreasonable cost of preparing, enacting, publishing and amending such\nregulations.\n 4. In the event that a municipality has adopted, or hereafter adopts,\na comprehensive zoning ordinance as heretofore or hereafter authorized\nby law, the provisions of this article governing the protection of\npublic airports and flight hazard areas may be deemed to be\nsupplementary to such general grant of power and any flight hazard area\nregulations applicable to any part of the area of such municipality may\nbe incorporated in and made a part of such comprehensive zoning\nregulations, and be administered and enforced in connection therewith by\nthe municipality within which the regulations in question are\napplicable.\n 5. Any person aggrieved by any order or decision of an administrative\nofficial charged with the enforcement of regulations adopted pursuant to\nthis section may appeal such order or decision within the time and in\nthe manner provided in the local zoning ordinance of that municipality\nor otherwise provided by law, or in the absence of a zoning ordinance,\nor if no board of appeals or other appellate body has been established\nunder such local zoning ordinance, may appeal such order or decision to\nthe governing board of that municipality. Any such appeal to a governing\nboard of a city, town or village shall be taken within sixty days after\nthe filing of such order or decision with the clerk of that\nmunicipality; and shall be perfected, conducted and determined in\naccordance with the respective provisions of the general city law, town\nlaw or village law applicable generally to appeals from decisions\nrelating to zoning regulations, to the extent that such provisions can\nbe reasonably adapted to the proceedings of such governing board. Any\ndecision of such board of appeal, other appellate body, or governing\nboard of a city, town or village shall be subject to review by a\nproceeding under article seventy-eight of the civil practice law and\nrules in accordance with the respective provisions of the general city\nlaw, town law or village law applicable generally to the judicial review\nof decisions relating to zoning regulations.\n