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Westerly - Airport Protection Overlay Ordinance

A presentation on the baseline information associated with the Airport Protection Overlay Ordinance currently in development and presented at the Public Informational Session on Tuesday, June 28th, 2016.
by

Jay Parker

on 25 August 2016

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Transcript of Westerly - Airport Protection Overlay Ordinance

Airport Protection Overlay Ordinance
Airport Zoning
Important Points
RIAC Responsibilities

Rhode Island Airport Corporation (RIAC) responsible
for the development and maintenance of Airspace Plans in accordance with RIGL 1-3-4 (Airport Approach Plans)
Established under Rhode Island General Law (RIGL)
Section 1-3 (Airport Zoning), which declares that:
...obstructions of navigable airspace are not
in the interest of public health,
safety or general welfare...
...necessary that airport hazards be prevented...
...this is accomplished through proper excerise of
police power without compensation...
...the prevention and elimination of airport hazards
are public purposes...
...airport hazards are a public nuisance...
Town Responsibilities
In accordance with RIGL 1-3-5 the Town of Westerly is responsible for the adoption and administration of airport zoning regulations under our own police power whereby land uses are permitted and regulated and heights of structures and vegetation can be restricted.
In total there are approximately 936 parcels located within or partly within these regulated zones.
Approx. 774 Developed Parcels (82.7%)
Approx. 162 Vacant Parcels (17.3%)
What this Ordinance Does
Imaginary surfaces and specifications identified on 'Airport Part 77 Surface Drawing' (Sheet 5)
To do so, the Town is proposing to adopt Airport Protection Areas delineated and described on the Airport Part 77 Surface Drawing (Sheet 5) in accordance with State Law.
Prevents development in Runway Protection Zones (Zone A - RPZ)
Only Zones A, B, and C will be regulated under the proposed ordinance.

Zones D and E are not being considered due to their elevated location above the ground and existing development conditions.
"...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..."
and
"...if the owner of the nonconforming structure or tree fails to comply with the order for ten (10) days after notice, the [Town] 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."
RIGL 1-3-14 (Airport Zoning: Permits to construct, change or repair structures - Removal of nonconforming uses) declares that the Town:
In consideration of language within RIGL 1-3 regarding restrictions on vegetation, specifically tree heights within the regulated Airport Protection Zones,
the Town is NOT proposing to incorporate any limitations or regulations regarding tree heights into this ordinance
.
RIAC is in agreement with this approach. Issues associated with tree heights located off of Airport property will be addressed by RIAC and the property owner independently.
Properties quantified on the Airport Protection Overlay Districts represent 'gross' totals. Quantities listed do not accurately reflect:
Parcels that intersect Zone boundaries where existing structure located outside of Zone.
Parcels that intersect more than one (1) zone.
Zone A areas are 2-dimensional, delineated at ground level and are primarily associated with land use.
Zone B areas are 3-dimensional and begin 200' off each runway end and extend 5,000' and 10,000' at slopes of 20:1 and 34:1, respectively.
Zone C areas are 3-dimensional and extend outward and upward at right angles to the runway centerline and extend at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces until its intersection with Zone D (Horizontal Zone).
Questions, Comments or Suggestions?
RIAC maintains that there is no expansion of the airport proposed, now or in the future.
It's important to remember that the Westerly State Airport is a primary service, non-hub PUBLIC airport that can be used by any aircraft that airport operations can accomodate.
Any changes proposed by the airport associated with use or operation(s) are regulated by the FAA and require substantial review and public notification. If future modifications are proposed, said changes would require amendment of this ordinance via public notice and meetings.
Town of Westerly
Zone A (RPZ) Restrictions
Residential and non-residential development not permitted
Limited land uses allowed:
Parking (off-street parking lots)

Transportation (roadways, driveways)

Plant and Animal related agriculture
Zone B (Approach Zone) & Zone C (Transitional Zone) Restrictions
Residential development allowed by right, except in Zoning Confliction Areas shown on Figure 5 where FAA/RIAC review will be required.
Non-residential development requires FAA/RIAC review prior to Development Plan Review.
Subdivision of land requires FAA 7460/RIAC review prior Planning Board approval. This does not apply to Administrative Subdivisions.
Zone B (Approach Zone) & Zone C (Transitional Zone) Restrictions
Residential development allowed by right, except in Zoning Conflication Areas shown on Figure 5 where FAA/RIAC review will be required.
Non-residential development requires FAA/RIAC review prior to Development Plan Review.
Subdivision of land requires FAA 7460/RIAC review prior Planning Board approval. This does not apply to Administrative Subdivisions.
Zoning Confliction Areas
Zoning Confliction Areas exist where a 35' structure could penetrate the imaginary airspace above.
New construction or vertical additions require FAA 7460/RIAC review prior to permit issuance to determine compliance.
Prohibits residential/nonresidential structures
Limits land use to passive uses where there are no structures associated with the use or congregation
Outlines development requirements in Approach Zones (Zone B) Transitional Zones (Zone C)
Residential development allowed by right
Zoning Confliction Areas require FAA/RIAC review for compliance recommendation/determination
Non-residential development requires RIAC/FAA review prior to Development Plan Review (already existing DPR checklist requirement)
Requires RIAC/FAA review for subdivision applications within these Zones (A,B,C)
What this Ordinance Does Not Do
Does NOT promote or establish easements
Does NOT regulate or enforce vegetation height
Does NOT assist or further RIAC's efforts to remove vegetation from private property
Except for development in Zone A (RPZ) Zones, this ordinance does not prohibit residential or non-residential development
Does NOT address noise issues
Does NOT relate to any expansion of runways or use
Full transcript