Introduced By: Senator Badeau
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 1-3-2, 1-3-3, 1-3-4, 1-3-5, 1-3-6, 1-3-7, 1-3-8, 1-3-11 and 1-3-14 of the General Laws in Chapter 1-3 entitled "Airport Zoning" are hereby amended to read as follows:
1-3-2. Definitions. -- As used in this chapter, unless the context otherwise requires:
(1) "Airport" means any area of land or water, or both, designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for those purposes. An airport is "publicly owned" if the portion used for the landing and taking off of aircraft is owned, operated, controlled, leased to or leased by the United States, or any agency or department of the United States, this state, or any other state, or any municipality or other political subdivision of this state, or any other state, or any other governmental body, public agency or other public corporation.
(2) "Airport hazard" means any {DEL overhead power
line DEL} {ADD electronic transmission device or structure, ADD}
which {ADD , as determined by the federal aviation administration, ADD}
interferes with radio communication between airport and aircraft
approaching or leaving the airport, or any structure or tree or
use of land which obstructs the airspace required for the flight
of aircraft in landing or taking off at any airport or is otherwise
hazardous to the landing or taking off of aircraft.
(3) "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
(4) "Obstruction" means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground.
(5) "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative.
(6) "Political subdivision" means any city or town or
any other public corporation, authority or district, or any combination
of two (2) or more, which is {DEL or may be authorized by
law to acquire, establish, construct, maintain, improve, and operate
airports. DEL} {ADD currently empowered to adopt, administer
and enforce municipal zoning regulations. ADD}
(7) "Structure" means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the object.
(8) "Tree" means any object of natural growth.
{ADD (9) "Airport corporation" means the Rhode Island Airport Corporation. ADD}
1-3-3. Declaration of policy. -- It is found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons 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 utility of the airport and the public investment in the airport. Accordingly, it is declared:
(1) That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.
(2) That it is necessary in the interest of the public health, safety and general welfare that the creation or establishment of airport hazards be prevented.
(3) That this should be accomplished, to the extent legally by proper exercise of the police power, without compensation.
(4) That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the state and its political subdivisions may raise and expend public funds, and acquire land or property interests.
{ADD (5) That any obstructions to the use of navigable airspace destroy and impair the safe use of such airspace thereby endangering aircraft and are not in the interest of public health, public safety or general welfare. ADD}
1-3-4. Airport approach plans. -- The {DEL airports
division of the state DEL} {ADD airport corporation ADD} shall
formulate, adopt and revise, when necessary, an airport {DEL approach DEL}
{ADD airspace ADD} plan for each publicly owned airport in the state.
Each plan shall indicate the circumstances in which structures
and trees are or would be airport hazards, the area within which
measures for the protection of the airport's {ADD navigable airspace,
including ADD} aerial approaches should be taken, and what the
height limits and other objectives of those measures should be.
In adopting or revising any {ADD airspace ADD} plan, the {DEL airports
division DEL} {ADD airport corporation ADD} shall consider, among
other things, the character of flying operations expected to be
conducted at the airport, the traffic pattern and regulations
affecting flying operations at the airport, the nature of the
terrain, the height of existing structures and trees above the
level of the airport, and the possibility of lowering or removing
existing obstructions. The {DEL airports division DEL}
{ADD airport corporation ADD} may obtain and consider the views of
the agency of the federal government charged with the fostering
of civil aeronautics, as to the aerial approaches {ADD and other
regulated airspace ADD} necessary to safe flying operations at
the airport.
1-3-5. Zoning powers of political subdivisions. --
{ADD (1) ADD} In order to prevent the creation or establishment of
airport hazards, every political subdivision having an airport
hazard area wholly or partly within its territorial limits {DEL may DEL}
{ADD shall ADD} adopt, administer, and enforce, under the police
power and in the manner and upon the conditions prescribed, airport
zoning regulations for that part of the airport hazard area which
is within its territorial limits, which regulations may divide
the airport hazard area into zones, and, within those zones, specify
the land uses permitted and regulate and restrict the height to
which structures and trees may be erected or allowed to grow.
{ADD (2) A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, administer, and enforce zoning ordinances pursuant to this chapter if the existing comprehensive zoning ordinance for the political subdivision does not provide for the land uses permitted and regulate and restrict the height to which structures may be erected or objects of natural growth may be allowed to grow in, an airport hazard area. ADD}
{ADD (3) A political subdivision which includes an airport hazard area created by the location of a public airport shall adopt, either in full or by reference, the provisions of part 77 of title 14 of the code of federal regulations, entitled "Objects Affecting Navigable Airspace." hereinafter known as part 77. ADD}
1-3-6. Joint zoning boards. -- Where an airport
is owned or controlled by a political subdivision or where any
other publicly owned airport is in one or more political subdivisions
and where any airport hazard area appertaining to that airport
is located outside the territorial limits of the political subdivision
or subdivisions, the political subdivisions in which the airport
and airport hazard area or areas are located may, by ordinance
or resolution adopted, create a joint airport zoning board {DEL ,
the DEL} {ADD . The ADD} board shall have the same power to adopt,
administer, and enforce airport zoning regulations applicable
to the airport hazard area or areas in question as that vested
by section 1-3-5 in the political subdivision within which the
area is located. Each joint board shall have as members two (2)
representatives appointed by the city or town council or other
legislative body of each political subdivision participating in
its creation or addition. Another member is to be chairperson,
elected by a majority of the members appointed.
1-3-7. Airspace plans to be considered in zoning. --
In adopting, administering, and enforcing any airport zoning regulations
under this chapter, the political subdivision or subdivisions
shall consider the airport {DEL approach DEL} {ADD airspace ADD}
plan prepared by the {DEL airports division of the state DEL}
{ADD airport corporation ADD} and the further considerations outlined
in section 1-3-4.
1-3-8. Reasonableness of zoning regulations. --
{DEL All airport zoning regulations adopted under this chapter
shall be reasonable and none shall impose any requirement or restriction
which is not reasonably necessary to effectuate the purposes of
this chapter. DEL} {ADD All airport zoning regulations adopted
under this chapter shall be reasonable and none shall impose any
requirement or restriction which is not reasonably necessary to
effectuate the purpose of the chapter. In addition, each political
subdivision and zoning board shall consider the regulations or
standards promulgated by the Federal Aviation Administration in
zoning the use of land and structures in areas over which jurisdiction
is assumed. ADD}
1-3-11. Procedure for adoption of regulations. --
No airport zoning regulations shall be adopted, amended or changed
under this chapter except by action of the legislative body of
the political subdivision in question, or the joint board provided
for in section 1-3-6, {DEL or the DEL} {DEL airports
division DEL} after a public hearing in relation to these
zoning regulations, at which parties of interest and citizens
shall have an opportunity to be heard. At least fifteen (15) days'
notice of the hearing shall be published in an official paper,
or a paper of general circulation, in the political subdivision
or subdivisions in which the airport or airport hazard areas are
located.
1-3-14. Permits to construct, change, or repair structures
-- Removal of nonconforming uses. -- (a) Where advisable
to facilitate the enforcement of zoning regulations adopted pursuant
to this chapter, any political subdivision in which an airport
or airport hazard {ADD area ADD} is located {DEL area DEL}
shall establish a system for the granting of permits to establish
or construct new structures and other uses and to replace existing
structures and other uses or to make substantial changes or substantial
repairs.
{ADD Each person seeking a permit to construct or alter a structure within an airport hazard area under this section shall file a form 7460-1 with the federal aviation administration, (FAA), as required under part 77. Furthermore, each person shall file a copy of the form 7460-1 and the FAA part 77 determination with the airport corporation and with the political subdivision or joint zoning board. A political subdivision or joint zoning board shall consider the FAA part 77 determination before granting any permit. ADD}
(b) Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized {ADD by the political subdivision ADD} to administer and enforce the regulations, authorizing the replacement, change, or repair. No permit shall be granted that would allow the structure or tree in question to be made higher or become a greater {ADD obstruction and/or ADD} hazard to air navigation than it was when the applicable regulation was adopted. Whenever the administrative agency {ADD authorized by the political subdivision ADD} determines that a nonconforming structure has been abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed:
(1) No permit shall be granted that would allow the structure or tree to exceed the applicable height limit {ADD established by the airport's airspace plan ADD} or otherwise deviate from the zoning regulations;
(2) Whether application is made for a permit under this section or not, the {ADD administrative ADD} agency {ADD authorized by the political subdivision ADD} may by appropriate action compel the owner of the nonconforming structure or tree, at his or her own expense, to lower, remove, reconstruct, or equip the object as may be necessary to conform to the regulations or, if the owner of the nonconforming structure or tree fails to comply with the order for ten (10) days after notice, the agency may proceed to have the object so lowered, removed, reconstructed, or equipped and assess the cost and expense upon the owner of object or the land where it is or was located.
(c) Unless an assessment is paid within ninety (90) days from the service of notice on the agent or owner of the object or land, the sum shall bear interest at the rate of ten percent (10%) per annum until paid, and shall be collected in the same manner as are general taxes.
{DEL (d) Except as indicated, all applications for permits
for replacement, change, or repair of nonconforming uses shall
be granted. DEL}
SECTION 2. This act shall take effect upon passage; provided, however, this act shall have no effect on any previous zoning or subdivision approval, nor have any limiting effect on land uses permitted, or the height to which structures may be erected or natural growth may be allowed to grow on lots in residential subdivisions approved by a municipal planning board prior to the passage hereof.
