2006 New York Code - Protection Of Approaches To Public Airport.

 
    §  356.  Protection  of  approaches to public airport. 1. It is hereby
  declared that a flight hazard within the flight hazard area  as  defined
  in  section three hundred fifty-five of this chapter endangers the lives
  and property of users of the airport and of occupants  of  land  in  its
  vicinity,  and  also,  if of the obstruction type, in effect reduces the
  size of the area available for the landing, taking off  and  maneuvering
  of aircraft, thus tending to destroy or impair the public utility of the
  airport  and  the  public  investment  therein. Accordingly it is hereby
  declared as a  matter  of  public  policy:  (a)  that  the  creation  or
  establishment  of  a  flight  hazard within such flight hazard area is a
  public nuisance and an injury to the people and community served by such
  public airport; (b) that it is, therefore, necessary in the interest  of
  the  public  safety,  public health and general public welfare, that the
  creation or establishment of such flight hazards be prevented; (c)  that
  this   be   accomplished  to  the  extent  legally  possible  under  the
  constitution of the state  by  exercise  of  the  police  power  without
  compensation, by the municipalities affected thereby under the authority
  granted in the following subdivisions; (d) that where the application of
  regulations  promulgated  under such police power in any particular case
  would prove so unreasonable as in fact to constitute  a  taking  of  the
  property affected, there is provided in section three hundred fifty-five
  of  this  chapter  authority  for  the  expenditure by municipalities of
  public funds for the acquisition of the fee or such lesser  interest  in
  property  as may be necessary and proper to abate such particular hazard
  or prevent the creation of such hazard within the flight hazard area.
    2. Any city, village or town having within its territorial limits  any
  part  of  a  flight  hazard  area  as  defined  in section three hundred
  fifty-five of  this  chapter  is  hereby  empowered  by  action  of  its
  governing  body after due notice and hearing to adopt, amend and enforce
  regulations applicable within municipal limits  for  the  protection  of
  persons  and  property within such flight hazard area.  Such regulations
  may divide such flight hazard area into different districts, and  within
  each  such  district  may  apply regulations which may differ as between
  different districts, and may differ according to angles of elevation and
  distances computed from the ends of the runway of such airport and  from
  the  boundaries  of  approach  and  turning zones as may be required but
  otherwise shall be uniform within districts of the same  classification.
  Such regulations may restrict and limit the height to which buildings or
  structures may be erected or trees or other natural objects permitted to
  exist  or  grow  in  such flight hazard area and shall conform so far as
  locally practicable to such standards as may be promulgated and approved
  by the Federal Civil Aeronautics Administration or its successor.
    3. Where a public airport or any part of its flight hazard  area  lies
  in  one  or  more  municipalities,  upon the request of the municipality
  owning such airport, any municipality affected thereby and empowered  as
  described   above   may   by  resolution  duly  adopted  join  with  the
  municipality owning such airport in the establishment of a joint airport
  zoning board. Such board shall prepare appropriate regulations for  such
  flight  hazard  area  of  the character authorized in subdivision two of
  this section and in accordance so far as locally practicable  with  such
  standards  promulgated  and  approved  by  the Federal Civil Aeronautics
  Administration or its successor and shall recommend the adoption in  any
  municipality  wherein  any part of such flight hazard area is located of
  such regulations as may be applicable within their respective  municipal
  limits.  The  cost  of preparing, enacting, publishing and amending such
  regulations as may be adopted by a municipality in accordance  with  the
  recommendations  of  such joint board shall be charged to the requesting
  municipality owning such airport or may be shared by  the  participating
  municipalities  in such other manner as may be recommended by such joint
  board and mutually agreed to by each municipality affected thereby. Each
  municipality joining in the creation  of  such  joint  board  is  hereby
  authorized  to  appropriate  moneys  for  its  agreed  upon share of the
  reasonable cost of preparing, enacting,  publishing  and  amending  such
  regulations.
    4.  In the event that a municipality has adopted, or hereafter adopts,
  a comprehensive zoning ordinance as heretofore or  hereafter  authorized
  by  law,  the  provisions  of  this  article governing the protection of
  public  airports  and  flight  hazard  areas  may  be   deemed   to   be
  supplementary  to such general grant of power and any flight hazard area
  regulations applicable to any part of the area of such municipality  may
  be  incorporated  in  and  made  a  part  of  such  comprehensive zoning
  regulations, and be administered and enforced in connection therewith by
  the  municipality  within  which  the  regulations   in   question   are
  applicable.
    5.  Any person aggrieved by any order or decision of an administrative
  official charged with the enforcement of regulations adopted pursuant to
  this section may appeal such order or decision within the  time  and  in
  the  manner  provided in the local zoning ordinance of that municipality
  or otherwise provided by law, or in the absence of a  zoning  ordinance,
  or  if  no board of appeals or other appellate body has been established
  under such local zoning ordinance, may appeal such order or decision  to
  the governing board of that municipality. Any such appeal to a governing
  board  of a city, town or village shall be taken within sixty days after
  the  filing  of  such  order  or  decision  with  the  clerk   of   that
  municipality;  and  shall  be  perfected,  conducted  and  determined in
  accordance with the respective provisions of the general city law,  town
  law  or  village  law  applicable  generally  to  appeals from decisions
  relating to zoning regulations, to the extent that such  provisions  can
  be  reasonably  adapted  to the proceedings of such governing board. Any
  decision of such board of appeal, other  appellate  body,  or  governing
  board  of  a  city,  town  or  village  shall  be subject to review by a
  proceeding under article seventy-eight of the  civil  practice  law  and
  rules  in  accordance with the respective provisions of the general city
  law, town law or village law applicable generally to the judicial review
  of decisions relating to zoning regulations.