Enhancing Airport Land Use Compatibility, Volume 1: Land Use Fundamentals and Implementation Resources (2010) / Chapter Skim
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Land Use Fundamentals and Implementation Resources V O L U M E 1
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Introduction Airports are an important element in the viability of our nation and are a significant resource to both the national and global economy. Unfortunately, incompatible land uses are threatening the utility of airports and aircraft operations across the county.
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sites included large commercial service, military, and general aviation airports and were geographically diverse. These case studies revealed that many airports acknowledge the impacts of incompatible land uses in proximity to their facilities; however, many have little or no authority to effect the development or implementation of land use plans or policies within their host community.
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The determination of what is compatible is somewhat relevant to each individual airport and its surrounding communities. However, general provisions that guide the local decisionmaking process can be provided.
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Additionally, the area of influence of an airport included in compatible land use planning efforts often crosses multiple governmental jurisdictions, which necessitate coordination. In many instances, this also may require state legislation that allows for extra-territorial planning and zoning powers to regulate lands outside the boundary of the primary political jurisdiction.
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Economic Costs of Airport Land Use Incompatibility While arguments can be made that incompatible land uses affect the safety of aircraft operations and safety of people and persons on the ground, it is hard to show the cost to airports and the communities they serve. The report addresses different methods and tools that can be used to address the costs of incompatible land uses.
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accident is so minute that there is little reason to plan for it. Consequently, local communities need to assess the general level of risk that they are comfortable assuming with regards to the potential of an aircraft accident and the subsequent impacts to the local community and property owners who may be in proximity to the accident site.
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foundation of cooperative planning between the airport and the local community. Along with cooperation between airports and local communities, multiple strategies should be employed to address land use compatibility issues.
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federal legislation and regulations related to compatible land use planning. Text that addressed the economic analysis of costs associated with incompatible land uses also is provided.
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The Wright Brother's invention of the airplane in 1903 spawned an industry that has become one of the most important pieces of infrastructure in the world that provides access to the global economy. In the century since that first flight, aviation has evolved into an efficient mode of transportation utilized by billions of people annually, as well as providing for the transportation of goods throughout the world.
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issue in local planning decisions and then implemented so that the value of airports as part of the national transportation system can be preserved and the livability of nearby communities can be enhanced. The contents of the overall document are separated into several volumes.
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Over the years, attention to this issue has taken many different directions, as has the level of action taken. Dating back to 1952, President Harry S
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local governments and provides related technical assistance to the 136 publicly owned airports in the state. In California, the state legislature first enacted portions of the State Aeronautics Act providing for the creation of airport land use commissions (ALUCs)
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• Airports create $507 billion each year in total economic activities nationwide. • There are 1.9 million on-airport jobs in the United States and 4.8 million are indirectly created in local communities, for a total of 6.7 million airport-related jobs.
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Consequences of Incompatible Land Uses In 2004, the National Association of State Aviation Officials (NASAO) and the FAA as part of their ongoing Memorandum of Understanding (MOU)
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aviation operations, such as noise and safety related concerns, often contributes to community opposition. In particular, community opposition to aviation noise is a major obstacle to airport development according to the U.S.
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• Project delays, more stringent standards, more extensive requirements for environmental review and mitigation, and more extensive efforts for public outreach all increase the cost of airport development. • Litigation costs such as attorneys' fees, airport staff time, and, in some cases, settlement or judgment costs.
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The 2007 survey gathered information on where incompatible land uses have affected airport development in some way. As shown in Table 1.1-2, of 123 airport respondents, 33 airports or 26.8 % indicated that incompatible land uses delayed or prevented airport development from taking place.
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1.20 Enhancing Airport Land Use Compatibility Airport # of Airports Curfew on aircraft operations Limit on # of aircraft operations Restriction of certain aircraft Modification of flight procedure Other Total reported cases 53 16 4 14 44 10 Commercial Service (CS) 20 4 5 17 General Aviation (GA)
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tion. Only 12 airports responded, in whole or in part, and the responses were insufficient to serve as basis for any generalized estimate of the costs associated with litigation.
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relentless efforts to develop strategies that reduce the occurrence of accidents and to promote technologies, programs, and practices that enhance aviation safety. Air transport has become the safest way to travel with 0.75 accidents per million flights in 2007 according to the International Air Transport Association (IATA)
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Given that the negative consequences of airport land use incompatibility are substantial, why do incompatible uses, particularly housing, continue to develop around airports? There are at least three reasons which include: • Benefits to people living near airports; • Costs of imposing land use controls are concentrated in one stakeholder, while the benefits are diffused among many; and • Dynamics of the real estate development market.
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role in the national and global economies. Preservation of this resource from the encroachment of incompatible land use is an important task for not only the FAA, but also every airport sponsor and state aviation department.
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Improving community and airport compatibility is crucial for the success of the stated federal policy to reduce, by 2025, " .
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vagueness is intentional because various types of land use can be either compatible or incompatible depending upon the particular aspects of the land use. Land use variables include: • Management of the land use; • Location of the land use relative to the airport; • Attributes of development; and • Ancillary types of impacts associated with the land use.
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• Type of surrounding environment (rural, suburban, or urban) and its ambient noise level; • Configuration of surrounding land use; • Noise sensitivity of surrounding land uses; • Past experience of the community to noise exposure; and • Perceptions as to the necessity of the noise.
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compatibility. In addition, land use conditions that are hazards to flight may impact the continued viability of airport operations and limit the ability of an airport to operate as designed.
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standards are found in FAA FAR Part 77 (14 CFR 77) , Objects Affecting Navigable Airspace.
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FAA has reviewed the proposal and determined whether it is or is not a hazard to air navigation. Through this process, FAA may comment on the compatibility of a proposed land use or development, but it has no ability to regulate the construction or use at the local level.
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unobstructed view for pilots is an important element in creating land use compatibility. Since many aircraft operations take place without navigational aids, clear visibility of the area around airports is essential.
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Another type of hazard to flight that is not always considered, yet may be significant, is electronic or electromagnetic interference (EMI)
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sical exclusion, or alteration of appearance. Underground facilities such as French drains or buried rock fields are examples of successful retention/detention designs, while temporary holding basins that drain within 24 hours are also an option.
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• Prohibiting certain agricultural crops near airports; • Eliminating standing water; and • Using repellents to disperse wildlife in a humane manner. In addition to establishing boundaries around the airfield where wildlife attractants should be mitigated or eliminated, the FAA also has established minimum distances between airport features and any on-airport agriculture crop.
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ures, such as the prevention and elimination of refuges and the control of attractants. Another key component to implementing these short- and long-term control measures is to accurately monitor and record wildlife obstructions on and near airports.
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accident data sources and trends. The strictest land use controls are needed close to the ends of runways as this is where the risk of accidents is highest.
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that prohibit certain types of new development while considering identical existing development to be acceptable. Cost is an important factor in this regard.
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the glare from the lights could be visual hazards to aircraft. In this particular example, noise may not be a concern.
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municipality can use as a benchmark when defining concentrations of people for various land uses within their community, including: • Light Industrial use: 35 to 50 people per acre within the facility. • Two-Story Motel: 35 to 50 people per acre within the dwelling unit.
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adults to mobilize and evacuate the students in an effective manner, due to the ratio of adults to children who would likely require significant direction to exit the building. A similar situation could be experienced with a hospital where the occupants are often challenged to care for themselves and would likely find it difficult to exit the building if necessary without assistance.
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Residential Activities A residential use is generally defined to include any dwelling used to house people. As the nation's population continues to increase, residential land use development often encroaches upon what was once open space surrounding airport property.
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Geographic location of a development in relationship to the airport and the context surrounding the location are vital in determining compatibility. Residential developments in lower density areas away from the airport and out of the Runway Protection Zones (RPZs)
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Mixed-use development is an emerging trend in planning because it often offers commercial, leisure, and residential uses in a single area. Such developments can include mixed-use buildings that incorporate retail or office space at the street level and living space in the upper levels, all within a central area, as shown in Figure 1.2-16.
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1.44 Enhancing Airport Land Use Compatibility Land Uses NoiseSensitivity Concentration of People Tall Structures Visual Obstructions Wildlife & Bird Attractants Commercial Activities Eating and Drinking Establishments I I P P I Quick Vehicle Servicing Uses N P N P N Office Uses (i.e., business, government, professional, medical, or financial) Low-Rise (2-3 Levels)
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Industrial and manufacturing areas are typically encouraged within a community as a means to attract business, increase the business tax base and employment levels, and enhance economic benefits to the community. To complement the development of these land uses, industrial and manufacturing areas are often located in proximity to major transportation arteries such as highways, interstates, railroads, and airports in order to provide inter-modal connectivity.
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but rather, it provides a general overview of the topic from which to begin an evaluation of compatible land use on a case-by-case basis for individual communities. Design elements for industrial land uses, which should be considered when evaluating compatibility, include the following.
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level flight, approach, and departure operations. Electronic interference associated with the operations of cellular communication is also a concern related to these uses.
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summary, but rather, it provides a general overview of the topic from which to begin an evaluation of compatible land use on a case-by-case basis for individual communities. Since infrastructure land uses can range from a county road to a tall communication tower, careful consideration should be given to building height that may result in obstructions that potentially threaten safe airport operations.
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Airport Design, Appendix 17, Minimum Distances Between Certain Airport Features and any On-Airport Agriculture Crops. Open water is also a significant concern because of its attractiveness to waterfowl, such as geese, by providing opportunities for nesting, feeding, resting, and protection.
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focused on the production of row crops provides for more open space, although the area is covered with the various crops. A small subsistence farm with open space may be considered more compatible with airport operational areas than a commercial farming operation that has a great deal of infrastructure with limited open space, as shown in Figure 1.2-20.
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Parks and recreational developments can range from a community baseball field to a professional auto racing track. The types of lighting used for parks, recreational areas, and associated parking lots is often high intensity, which can create visual obstructions for pilots, especially at night.
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1.52 This chapter discusses the roles and responsibilities for land use protection and compatibility as they relate to the multiple levels of government and interest groups involved. The various roles and responsibilities for providing compatible land uses surrounding airports are interrelated in a complex manner requiring a significant amount of coordination and communication among the entities involved.
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Roles and Responsibilities of Stakeholders 1.53 use decisions also are highlighted. It is important to note that the federal role in land use planning has largely been advisory in nature and provides information to guide and support local land use decisions since the right to establish local land use controls resides with individual states and local communities.
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to a variety of grant assurances, one of which is the requirement to protect airports from incompatible land uses. These FAA programs, including direct financing of land use related projects and requirements of grant assurances provide the foundation of the federal land use program.
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Roles and Responsibilities of Stakeholders 1.55 Source: FAA Report to Congress: NPIAS 2009-2013 Figure 1.3-1. Distribution of U.S.
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• Department of Housing and Urban Development (HUD) – HUD ensures fair and equal housing opportunities for all citizens through an array of civil rights laws, executive orders, and regulations.
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Roles and Responsibilities of Stakeholders 1.57 rounding community entered into a commitment with one another to carry out fully the extent of the JLUS and implement the recommendations that arise as part of the study to promote compatible land uses near the base and protect military operations and the surrounding community. Their efforts were met with great success and the JLUS recommendations were adopted into Escambia County's comprehensive plan and zoning ordinances to effectively mitigate incompatible land use encroachment.
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State agency leadership can establish a framework for the creation of airport compatible land use plans and zoning and make these an important element in the overall goal to establish airport compatible land uses. State level guidance and support is an essential part of the overall airport and local community planning process.
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Roles and Responsibilities of Stakeholders 1.59 FAA suggests the following components be considered in the development of a state airport system plan: • Inventory of the state's existing public-use airport system, including current facilities and activity levels. • Identification of each airport's functional role within the state airport system.
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a state environmental quality agency can have very specific requirements for wetland mitigation measures which may be directly contrary to recommended airport-related land use planning goals. Communication and coordination between agencies to discuss issues such as these are imperative if a successful planning effort is expected to result.
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Roles and Responsibilities of Stakeholders 1.61 ✈ Case Study Example: Naval Air Station Pensacola To help maintain compatible land uses around NAS Pensacola and protect both the military base and surrounding populations, Escambia County and NAS Pensacola conducted a JLUS. This study was conducted to identify encroachment issues and recommend strategies to address the issues in Escambia County's comprehensive plan and zoning regulations.
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resources within a locale. The actual name of these types of plans varies by state including general plans and master plans.
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Roles and Responsibilities of Stakeholders 1.63 airport environs is compatible to the airport itself. Airport land use planning, however, becomes a complicated challenge because airports generally encompass multiple jurisdictions, which causes difficulties in both setting and implementing policies to protect both the land surrounding the airport and the local residents' safety and quality of life.
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Airport Related An airport sponsor or manager is an ambassador for the local airport and has the responsibility to inform local government officials and citizens of the importance of compatible land use planning on or near airport environs. Airport sponsors and managers must be vigilant with efforts to stay informed about local community actions regarding land use issues within the airport's proximity.
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Roles and Responsibilities of Stakeholders 1.65 Airport Master Plan An airport master plan is a long-range planning tool that guides the growth and development of individual airports. The plan is typically developed to address facility needs within a 20-year period with updates completed every five years, as warranted.
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General aviation users, airlines, and air cargo carriers need to be made aware of land use impacts that aircraft operations impose on the surrounding environs. Both commercial service and general aviation pilots should follow standard operating procedures and operate their aircraft in a prudent manner to reduce noise impacts on local land uses.
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Roles and Responsibilities of Stakeholders 1.67 ✈ Case Study Example: Collin County Regional Airport To help reduce the impacts of aircraft noise on the community and residents surrounding the Collin County Regional Airport, a noise hotline has been established by the city of McKinney to identify flight anomalies. Citizens that are being affected by aircraft noise are strongly urged to call the noise hotline.
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1.68 Land use decisions are often influenced by an array of criteria; therefore, it is imperative to understand the complicated relationship among land uses; airports; federal, state, and local governments; and host communities. Federal, state, and local resources have been invested to develop the necessary infrastructure to support aviation activity at airports nationwide.
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• Zoning – Establish effective zoning laws • Federal assistance – Expand Federal-Aid Airport Program • Runway design and length – Revise present crosswind equipment – Extend use of single runway system – Meet standard requirements for runway length • Nuisance factors – Accelerate ground noise reduction programs – Instruct flight personnel concerning nuisance factors • Standardization and training – Minimize training flights at congested airports – Minimize test flights near metropolitan areas – Avoid military training over congested areas – Provide more flight crew training • Airport planning – Integrate municipal and airport planning – Incorporate cleared runway extension areas into airports • Navigable airspace – Clarify laws and regulations governing use of airspace – Define navigable airspace in approach zones – Maintain positive air traffic control – Raise circling and maneuvering minimums – Accelerate installation of aids to air navigation – Arrange flight patterns to reduce ground noise – Separate military and civil flying at congested airports • Airport certification – Extend Civil Aeronautics Act to certificate airports Over a half a century later, many of the recommendations that address land use compatibility remain unfulfilled due to the societal hesitation over implementation of strict land use controls. Additionally, there are inherent challenges associated with administering these recommendations over an aviation system spread across 50 states and thousands of local airports and communities.
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– General Assessment: The aviation infrastructure of the nation today includes more than 19,000 airports with 5,190 open for public use. Of these, 3,411 are identified as part of the 2008 NPIAS making them eligible for federal funding from the FAA.
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to address the issues in Escambia County's comprehensive plan and zoning regulations. Escambia County has successfully implemented the recommendations from the JLUS into their comprehensive plan and zoning ordinances to help mitigate incompatible land uses near the military base, protecting the community's valuable asset.
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• Clarify laws and regulations governing use of airspace – Doolittle Report Summary: Authority of the federal, state, or municipal governments with respect to the regulation of the use of airspace should be clarified to avoid conflicting regulations and laws. – General Assessment: It is clear from both statutory and case law that the federal government has pre-emptive authority over regulation of the operation of aircraft in the airspace.
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• Accelerate ground noise reduction programs – Doolittle Report Summary: Engine run-up schedules and run-up locations should be adjusted to minimize noise near airports. Adequate acoustical treatment in run-up areas and at test stands should be provided.
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decisions to allow incompatible land uses near airports continue to threaten the nation's aviation system, implementation of compatible land use controls has become an industry priority. Primary FAA Criteria Related to Land Use FAA criteria laying the foundation for land use compatibility from a federal perspective are primarily found in four places: • Grant assurances as part of the AIP funding process.
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In 2000, Congress passed legislation requiring the FAA to compile a Land Use Compliance Report. This report provides a detailed assessment of individual airports that are not in compliance with federal grant assurances or other Federal land use requirements with respect to airport land.
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prevent the creation of airport hazards or development of incompatible land use. First recommended in a 1952 report by the President's Airport Commission titled The Airport and Its Neighbors, the establishment of clear areas beyond runway ends was deemed worthy of federal management.
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the RPZ, per the criteria noted in FAA AC 150/5300-13, Airport Design, although some uses are permitted, provided they: • Do not attract wildlife; • Are outside of the runway OFA; and • Do not interfere with navigational aids. For example, automobile parking facilities are discouraged; however, they can be permitted provided lighting, as well as the lots themselves, are located outside the central portion of the RPZ and meet the aforementioned three (3)
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• Identification of land uses which the FAA deems to be normally compatible or incompatible with various levels of noise; and • Procedures and criteria for preparing and submitting a NEM and NCP. FAR Part 150 contains the regulations that implement the provisions of the ASNA.
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of runway approach. There are three types of runway approaches: visual, nonprecision instrument, and precision instrument.
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1.80 Enhancing Airport Land Use Compatibility Table 1.4-2. FAR Part 77 surface dimensional requirements.
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Horizontal Surface. As illustrated in Table 1.4-2, Figure 1.4-3, and Figure 1.4-4, the horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface.
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airport reference elevation at the inner edge to 350 feet at the outer edge, as shown in Table 1.4-2, Figure 1.4-3, and Figure 1.4-4. Other Airport-Related Surfaces In addition to the RPZs and FAR Part 77 Surfaces, there are other surfaces, which are evaluated by the FAA for obstructions.
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airports. Trying to identify each of these groups and the associated legislation would be a daunting task; consequently, it is suggested that each airport and its host community evaluate the specific needs of their airport and surrounding community to identify other agencies, particularly state agencies, that may need to be consulted prior to development of a land use plan.
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airport to assess each proposed or temporary construction in the vicinity of the airport. The FAA conducts an aeronautical study and issues a determination to the airport sponsor.
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AC 150/5020-2, Guidance on the Balanced Approach to Noise Management. This document provides guidance for noise control and compatibility planning for airports and the guidance for preparing airport noise exposure maps and airport noise compatibility programs implemented in FAR Part 150, and the Aviation Safety and Noise Abatement Act of 1979.
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AC 150/5200-34, Construction or Establishment of Landfills near Public Airports. This AC provides guidance regarding compliance with new federal statutory requirements for the construction or establishment of MSWLF units near public airports.
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Order 1050.1E, Environmental Impacts. This Order's policies and procedures comply with NEPA implementation regulations.
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Summary This chapter provides information regarding federal regulations and guidance and how these individual policies relate to the importance of compatible land use near airports for both the safety of pilots and those in the vicinity of airports. FAA standards help to minimize runway incidents and protect adjacent properties, as well as attempt to minimize the presence of incompatible land uses.
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While arguments that incompatible land uses near an airport can affect the safety of aircraft operations and persons on the ground, it is often hard to quantify these claims in a manner translated into a common unit that people comprehend. For example, the Integrated Noise Model (INM)
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meaning, defined in terms of what people want (preferences) and the choices they make.
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market transactions − for example, home sales, wages and salaries, job choices, and travel choices – and using stated preference surveys. A popular revealed preference method used in valuing environmental effects is hedonic pricing.
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the number of affected aircraft operations, the number of passengers per aircraft operation or total affected passengers, economic values for travel time, and unit aircraft operating costs. Measures of changes in delay or travel time per aircraft operation are derived using appropriate analytical models or simulation models that vary in degree of technical sophistication and computational requirements.
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Valuation of Aviation Accident Risks. Safety is another important motivation for promoting compatible land use planning.
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1.94 Enhancing Airport Land Use Compatibility ICAO Code WTP Values Emergency/ Medical Legal/ Court Total Value Minor (ICAO 2) $37,900 $2,300 $2,700 $42,900 Serious (ICAO 3)
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Aircraft Replacement and Restoration Costs Aviation accidents also result in damage to aircraft. Table 1.5-6 presents a summary of replacement values for destroyed aircraft and restoration values for damaged aircraft.
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fatalities and substantial property damage. Field office investigations are classified into regular or limited.
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While countries in Europe have adopted representative values for use in economic analysis (EC 2003, UK Department for Transport 2003, Dings et al, 2003, van Essen et al 2007) , there is yet no standard value recommended in the United States for aircraft noise.
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Assessment of Regional Economic Impacts and Fiscal Impacts. Regional economic impacts and fiscal impacts are typically not considered in economic analysis, as will be explained later, because they represent transfers.
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• Federal Aviation Administration Policy and Final Guidance Regarding Benefit Cost Analysis on Airport Capacity Projects for FAA Decisions on Airport Improvement Program (AIP) Discretionary Grants and Letters of Intent (LOI)
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• Treatment of inflation. Inflation occurs when the prices of goods and services in the economy are rising over time.
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or aggregation of counties, are commercially available from Regional Economic Models, Inc.
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The following discussion is based on the description of fiscal impact analysis in Edwards' Community Guide to Development Impact Analysis (Edwards, 2000)
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8. Calculate property taxes, shared revenues, and total revenues associated with the development.
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1.104 Intuitively, almost anyone who works in managing an airport or who lives in the vicinity of an airport knows that aircraft noise is a primary issue raised by communities when airport development or expansion is proposed. But beyond intuition, the survey of airports conducted as part of this study provides confirmation that noise is the predominant issue.
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• Maximum A-weighted Sound Level (Lmax) - Sound levels from most sources vary with time.
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• Day-Night Average Sound Level (DNL) - The DNL is a 24-hour measure of the total noise in this period, with the noise events occurring at night (10 p.m.
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included surveys for all transportation modes. More recent investigations in the United States and Europe have focused either exclusively on aircraft or separately on aircraft, highway and rail traffic, and find somewhat different relationships.
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Learning Since schools often are noted as an incompatible land use, it is important to address noise implications as they relate to learning. Speech interference is the most problematic aspect of aircraft noise in classrooms; it makes teaching, listening, and learning very difficult.
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from a single aircraft overflight 6 hours after retiring.
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compatibility guidelines and issued a report entitled Guidelines for Considering Noise in Land Use Planning and Control in June 1980. This report established the Federal government's DNL 65 dB standard and agreed that standard residential construction was compatible for noise exposure from all sources up to DNL 65 dB.
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Aircraft Noise and Land Use Compatibility 1.111 Yearly Day-Night Average Sound Level (DNL) in Decibels Land Use Below 65 65-70 70-75 75-80 80-85 Over 85 RESIDENTIAL Residential Homes Y N(1)
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This section is intended for jurisdictions and airports that wish to fully understand the effects on their community and airport before adopting an aircraft noise and land use compatibility ordinance. The issue addressed here is translating DNL so that informed decisions can be made about what uses are compatible with what levels of exposure.
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diction and the operations and possibly configuration of the airport, are dynamic. The ordinance will almost certainly include a variance process.
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Common practice is to use the land use compatibility guidelines found in the FAA's regulation 14 CFR Part 150 (FAR Part 150)
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Aircraft Noise and Land Use Compatibility 1.115 Percent of Population Number of Aircraft Events that: DNL Range (dB) Awakened at least once by aircraft noise (%)
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Implementation of the Noise Section The noise section of the land use ordinance, or a stand alone noise ordinance, should include sections that address at least the following topics: Identification of Compatibility Criteria. The selected criteria will be clearly presented along with associated acceptable land uses.
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ing permits within the "Noise Zone;" see Volume 2 of this report for the case study report on Baltimore Washington Thurgood Marshall Airport. Disclosures / Informed Home Buyers.
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1.118 The overall objective of the research on enhancing airport land use compatibility described in this report is to develop guidance to protect airports from encroachment of incompatible land uses. To gain support for this objective, it is important to educate policy makers and various stakeholders on the types of problems and costs associated with incompatible land uses around airports.
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Since aircraft accidents are statistically rare, particularly those involving commercial airliners, analysis of accident locations in the vicinity of airports generally needs to utilize data collected over an extended period of time. However, aircraft accident rates have been reduced significantly over the past two decades because of continued efforts to improve aviation safety.
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fatalities on September 11, 2001. While it is clear that these incidents are not accidents in the sense of an unintended event, the extent to which they should be included in the calculation of risk to those on the ground is open to debate.
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particularly relevant measure from the standpoint of third-party risk, which is primarily concerned with the risk that an aircraft accident will occur at a particular location, not the risk to the people on board the aircraft. There is also the practical difficulty of obtaining a time-series of past accident rates using the new metric.
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• Type of operation; • Runway length, width, and surface condition; and • Lateral and longitudinal distance from the threshold where the aircraft came to rest. In cases of excursions, instances where aircraft leave the runway surface, the database also noted the distance from the threshold where the aircraft first left the runway, the maximum distance from the runway that it traveled, and the distance from the threshold where it re-entered the runway.
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Other Studies. As part of a study of the risk of aircraft accidents to those on the ground near airports undertaken by the UK National Air Traffic Services (NATS)
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A study conducted by the HNTB Corporation in 2002 for the Minneapolis-St. Paul International Airport Joint Airport Zoning Board (HNTB, 2002)
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Aircraft Accidents and Safety Considerations 1.125 Source: California Department of Transportation, California Airport Land Use Planning Handbook, 2002. Figure 1.7-4.
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people on the ground being killed. This implicitly assumes that the expected extent of injuries or property damage in the event of an aircraft accident is proportional to the number of people killed, and that in determining an acceptable level of risk of loss of life, this takes into account injuries and property damage that may occur as well.
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time (although there are special cases, such as nursing homes, where this may be approximately true)
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not exist before, should consider the societal risk involved and not just the individual risk to each person in those communities. Whether to express risk in terms of individual risk or societal risk depends on the question being faced.
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case (although more frequent) outcome is much less severe.
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type and size of aircraft involved. Since there is a difference between a single-engine, two-seat aircraft crashing into a neighborhood and a wide-body aircraft loaded with fuel doing the same thing, the analysis of the risk of an aircraft accident to those on the ground should consider the pilot's ability to minimize the consequences of an accident.
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initiated from a number of highly visible aircraft accidents and incidents, including the crash of a Boeing 747 into an apartment building in Amsterdam in 1992. These concerns prompted the ETSC to take action to address the management of safety in and around European airports to protect the health, safety, and welfare of residents in proximity.
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The Ale, Smith & Pitblado paper also discussed the history of development of standards for Public Safety Zones (PSZs) in the UK and the application of formal models of third-party risk for the reassessment of PSZ criteria in the late 1990s.
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number of fatalities was greatest from air carrier accidents and least from general aviation accidents, as shown in Table 1.7-3. However, the difference between the average number of fatalities per accident for air carrier accidents and general aviation accidents is surprisingly small, given the relative size of typical aircraft within the two categories.
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of a consultant study that had been undertaken by a team led by NATS Ltd. and discussed tolerable risk criteria, proposed changes to the shape of PSZs, and guidelines for allowable development within PSZs.
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The Inner Hazard Zone was defined to include the runway protection zone, the object free area, and the obstacle free zone, as defined by the FAA. The report presents a number of potential intensity of use or density limits, site design criteria, structural standards, and prohibited uses for consideration in the Overlay Ordinance.
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Transportation (Mn/DOT) defines two trapezoidal safety zones beyond the end of a runway.
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The analysis on which the California Safety Compatibility Zone criteria is based was originally undertaken by the ITS at the University of California, Berkeley (Cooper & Gillen 1993) and later extended by expanding the accident database as part of the 2002 update of the CA Handbook (Cooper & Chira-Chavala 1998)
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Chapter 9 of the CA Handbook provides detailed guidance on establishing airport safety compatibility policies. It notes that there are three distinct safety concerns: • Protecting people and property on the ground; • Minimizing injury to aircraft occupants in the event of an aircraft accident or forced landing; and • Preventing hazards to aircraft in flight, including tall structures or other objects that create obstructions to airspace required for flight near airports, wildlife hazards, and other forms of interference with safe flight, navigation, or communication.
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Aircraft Accidents and Safety Considerations 1.139 Source: California Department of Transportation, California Airport Land Use Planning Handbook, 2002 Figure 1.7-10. California safety compatibility zones -- general aviation runways.
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Minnesota The State of Minnesota first enacted a model airport zoning ordinance in 1946 and by 1958 it had designated specified safety zones. In 1973, local protective zoning was made a condition of an airport receiving federal and state funding, and in 1990 the model zoning ordinance was amended to designate three safety zones termed A, B, and C as shown in Figure 1.7-12.
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In 2004, it was clear to the MnDOT that there was a need to update the model zoning ordinance and provide more guidance in its application. This led to a study to revise the model zoning ordinance and develop the Airport Land Use Compatibility Manual (Minnesota Department of Transportation 2005)
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adequate guidance already existed on this aspect. However, an appendix within the manual provides supplementary information on airport noise mitigation and strategies.
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A concern that may arise from the assessment procedure described in the guidance is how to determine whether the social and economic costs of restricting land uses in accordance with the standards outweigh the benefits of a strict application of the standards (as stated in the statutes)
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appropriate land use compatibility criteria to reduce the risk to an acceptable level. Previous studies have examined the distribution of aircraft accident locations relative to the ends of the runways and the results of these studies have been used to define zones of different risk and establish associated land use compatibility criteria.
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The prevention and mitigation of incompatible land use is a challenging task that often requires the use of a multitude of techniques. This chapter summarizes a collection of generally accepted tools and techniques for the prevention and mitigation of incompatible land uses.
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tools and techniques is multi-pronged and can be implemented and enforced by communities in a variety of different ways. Planning is not "one-size-fits-all"; therefore, this chapter summarizes compatibility techniques designed to provide a reference based on the size of community, type of airport, and amount of growth pressure, in order to guide government officials, planners, airport sponsors, airport users, and citizens to develop an appropriate mitigation plan.
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The planning techniques noted in this section address the issue of incompatible land uses and relation to airports. The intent is to help airport sponsors, planners, government officials, and residents understand the need for compatible land use near airports.
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process can enhance the implementation and success of planning techniques. Figure 1.8-1 illustrates the general relationship among the various planning techniques.
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Tools and Techniques for Land Use Compatibility 1.149 Technique Description Key Value Primary Shortcoming When to Use Comprehensive Plan Long term techniques with goals, objectives, maps, charts and text Provide for organized community growth and development including land use and (sometimes) airport elements Airports and communities do not always plan growth together, thus allowing the encroachment of incompatible land uses into airport environs Comprehensive plans must be completed by local communities and updated periodically, and preferably, in conjunction with the airport master plan / airport layout plan Area Plans Area specific techniques with goals and objectives Address specific areas which require more detailed methods to guide land use regulations such as areas surrounding airports Implementing and enforcing area specific criteria that control land uses near the airport Area plans are typically completed as a follow-on element to the findings or recommendations of a comprehensive plan and may need to be updated to reflect changes or updates to an airport master plan/airport layout plan.
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techniques for ensuring compatibility is the development of state legislation that specifically empowers local communities to secure land use compatibility near airports. This typically results in a dedicated piece of legislation that defines the need for compatibility near airports, along with the authority to develop airport compatible land use zoning ordinances.
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• Provide comments to other representatives of the advisory / steering committee to present airport related concerns and issues. • Share airport master plans / airport layout plans with the local municipality to inform them of airport development.
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agreement is to clarify the roles, responsibilities, and obligations for all participating jurisdictions. Some states such as Minnesota, Wisconsin, Washington, Florida, and California have state statutes that require joint or regional airport planning and intergovernmental agreements.
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issues can also be addressed. Additionally, individual types of land uses can be evaluated with respect to the compatibility criteria and proximity to the airport, and the compatibility, incompatibility, or conditions to be met can be listed.
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entire length of the RPZ. Consequently, the length of Zone B1 begins at the inner edge of the RPZ.
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Land uses allowed in Zone B1 and B2 may require review or conditional use to maintain compliance with land use guidelines that limit concentrations of people, wildlife attractants, visual obstructions, tall structures, and noise-sensitive developments. For example, ideally, residential developments should be discouraged from this area; however, some single family developments, if low in density, may be permitted if it is determined that the proposed development or land use is compliant with the primary areas of interest identified in Chapter 2 of this document.
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Source: Mead & Hunt, Inc. Figure 1.8-4.
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plane has a smaller traffic pattern than the pattern of a larger corporate aircraft. These types of traffic patterns are most common at general aviation (GA)
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or conditionally compatible which means it may be found to be compatible, if certain terms or conditions are met to minimize potential adverse effects. Existing Land Uses.
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U.S. Department of Agriculture (USDA)
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Waste Landfills (MSWLFs) is also a concern that should be addressed relative to wildlife hazards.
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it is often important for the limits of an AZO to extend beyond the boundary of the local municipality and function with the benefit of extraterritorial zoning or joint planning and zoning efforts. Land Use Related Restrictions.
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Determination of Compatibility. Incompatible land uses can have attributes associated with them that may endanger the health, safety, and welfare of persons on the ground in proximity to an airport, as well as the aircraft, crew, and passengers within aircraft operating at the airport.
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• The impacts created by the proposed use on aircraft flight operations and safety to persons and property on the ground from airport operations will not be greater than that of other uses allowed in the zone. Airport Master Plan/Airport Layout Plan An airport master plan/airport layout plan is a long-range plan that details the growth and development of an airport.
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development, where possible. This AC provides a detailed outline for the development of an acceptable airport master plan.
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• Noise sensitivity related issues: – Extent of noise impact in relation to airport environs. – Anticipated growth of airport.
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Wildlife Management Plan A significant amount of research has been completed on issues pertaining to wildlife management and is consolidated in the FAA/Department of Agriculture, Wildlife Hazard Management at Airports manual. This manual was developed for airport personnel and provides a considerable amount of information related to wildlife hazards on or near airport environs.
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Addressing Aircraft/Wildlife Hazards at General Aviation Airports" which will provide guidance for general aviation airports to reduce hazards related to wildlife strikes. The Wildlife Hazard Management at Airports manual should be consulted to develop sitespecific wildlife management plans for the reduction or elimination of wildlife attractants on or near airport property.
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Natural Features Inventory and Mitigation In order to protect navigable airspace and the safe movement of aircraft, an inventory of existing vegetation within runway approach areas and RPZs is recommended. From this inventory, mitigation measures can be developed to reduce the likelihood of wildlife strikes or hazards on or near an airport.
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Tools and Techniques for Land Use Compatibility 1.169 Techniques Primary Responsibility Acquisition / Easement Techniques Fee Simple Acquisition Airport Sponsors / Airport Authority Avigation and Noise Easement Airport Sponsors / Airport Authority Conservation Easement Airport Sponsors / Airport Authority Airport Sponsor / Airport Authority Transfer of Development Rights Property Owner Airport Sponsor / Airport Authority Purchase of Development Rights Property Owner Agreement / Notification Techniques Non-suit Covenants and Hold Harmless Agreements Planning Commissions / Planning Staff Disclosure Notice Real Estate Agents Source: Mead & Hunt, Inc. Table 1.8-10.
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1.170 Enhancing Airport Land Use Compatibility Technique Description Key Value Primary Shortcoming When to Use Acquisition / Easement Techniques Fee Simple Acquisition Purchase of land and all land use rights Complete control over future and pre-existing land uses is vested with airports; not reversible Often very costly with possible legal opposition. Land removed from tax roles Protection of RPZs and areas subject to high levels of noise impact.
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✈ Case Study Example: Indianapolis International Airport Indianapolis International Airport has a property acquisition plan in place that includes both purchase assurance and sales assistance to clear areas of increased risk and maintain safety for passengers and residents alike. Denver International Airport Denver International Airport owns all of the land that lies beneath the airport impact zones, which include the runway protection zones, and the inner and outer approach/departure zones.
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uses the aforementioned noise mitigation tools, as well as land use compatibility mitigation techniques. Conservation Easement Similar to an avigation or noise easement, a conservation easement legally preserves land that is attached to the property title or deed in perpetuity and is registered with the county.
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be zoned to allow medium density housing. If this land falls within a runway approach zone, the local government may allow the property owner to transfer (send)
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rights in perpetuity, thereby restricting development that would otherwise take place. Successful PDR programs include those that have targeted farmland, scenic view sheds, historic areas, and environmentally sensitive lands.
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✈ Case Study Example: Denver International Airport Due to their diligence in advising property owners/leasers prior to the sale or lease of any property, real estate disclosure forms have been effective for Denver International Airport to lessen the number of noise complaints received by the airports from near-by residents. Noise Mitigation Techniques Aircraft noise is a major concern for land use compatibility planning.
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Noise Compatibility Programs utilize various types of noise abatement or mitigation alternatives, which are designed to limit the amount of aircraft noise affecting populated areas, and to encourage land uses compatible with the aircraft noise that can not be abated. Noise compatibility programs may contain the measures listed in Table 1.8-13, but may also include procedures such as: • Designating preferential runway usage; • Establishing designated areas for ground run-up usage, install ground run-up enclosures, and designate ground run-up times; • Installation of noise abatement signage on the airfield to remind pilot to be good neighbors; • Acquisition of noise and/or radar monitoring systems; and • Limitations on training flights.
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O'Hare International Airport The O'Hare Noise Compatibility Commission has developed the O'Hare Fly Quiet program, which is loosely based upon the Fly Quiet program. Additional details can be found on the O'Hare Noise Compatibility Commission's web site, at www.oharenoise.org.
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aircraft noise provides protection from exterior noise levels that may affect the quality of life for citizens in proximity to airports. Noise can enter homes and structures in a multitude of different ways, as illustrated in Figure 1.8-6.
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pare for departure, the engines are brought up to full power and then tested. This action, called a pre-takeoff run-up, often creates a high decibel noise level at the end of the runway just prior to takeoff.
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• Implement preferential runway use to encourage pilots to fly over less populated areas. • Develop operating restrictions (usually informal or voluntary)
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As evidenced by the following case study examples, extensive public outreach and education is being done throughout the nation to include the public in land use planning. ✈ Case Study Examples: Independence State Airport Committees comprised of local representatives, airport members, and volunteers, such as the Independence Monmouth Positive Action Community Team and the Independence State Airport Support Group, that are involved with the planning, development, and operation of an airport can promote land use compatibility plans and airport overlay zoning in an attempt to protect the airport.
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vehicle, called the Community Outreach Vehicle, which can demonstrate aircraft noise monitoring. The vehicle is equipped with an interactive aircraft noise demonstration system and a video presentation to help residents understand aircraft noise concerns.
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of planners and elected officials who are directly responsible for the implementation of the planning techniques required for compatible land uses. Planning is a cyclical process that requires continual monitoring and updating to implement and maintain compatible land uses near airports.
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1.184 Enhancing Airport Land Use Compatibility Planning Techniques Acquisition and Notification Techniques Local Gov / Airport Type / Growth Pressure Planning Zoning Natural Features Mitigation Land Acquisition / Easement Agreements / Notifications Noise Techniques Education Small rural Town/City General Aviation Airport Minimal Growth Pressure Develop comprehensive plan with airport element Develop Airport Land Use Compatibility Plan incorporating airport compatible land uses Encourage industrial and commercial uses near the airport while discouraging residential uses or those with public assemblies Adopt airport zoning ordinance Discourage land fills and water/sewer facilities, and public assemblies (schools, churches, etc.) in proximity to the airport environs Encourage low density developments outside airport safety zones Assess wildlife activity in proximity to airport Issue Notice to Airmen (NOTAM)
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Tools and Techniques for Land Use Compatibility 1.185 Planning Techniques Acquisition and Notification Techniques Local Gov / Airport Type / Growth Pressure Planning Zoning Natural Features Mitigation Land Acquisition / Easement Agreements / Notifications Noise Techniques Education Midsize Town/City General Aviation Airport with Commercial Service Modest Growth Pressure Develop comprehensive plan with airport element Develop airport land use compatibility plan incorporating airport compatible land uses Encourage industrial, and commercial uses near the airport and discourage residential uses or those with public assemblies Adopt airport zoning ordinance Discourage land fills and water/sewer facilities, and public assemblies (schools, churches, etc.) ; zone industrial and commercial uses in proximity to the runway environs Encourage low density developments outside airport safety zones Assess wildlife activity in proximity to airport Issue Notice to Airmen (NOTAM)
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1.186 Enhancing Airport Land Use Compatibility Planning Techniques Acquisition and Notification Techniques Local Gov / Airport Type / Growth Pressure Planning Zoning Natural Features Mitigation Land Acquisition / Easement Agreements / Notifications Noise Techniques Education Suburban City General Aviation Airport with Corporate Jet Traffic Major Growth Pressure Develop comprehensive plan with airport element Develop area plans designating areas around airport for appropriate business and residential development Develop airport land use compatibility plans incorporating airport compatible land uses Encourage industrial, and commercial uses near the airport and discourage residential uses or those with public assemblies Adopt airport zoning ordinance Discourage land fills and water/sewer facilities, and public assemblies (schools, churches, etc.) in proximity to the airport environs Encourage low density developments outside airport safety zones Assess wildlife activity in proximity to the airport Develop wildlife management plans to reduce wildlife hazards Inventory vegetation, remove or trim tall vegetation hazardous to airport operations Issue Notice to Airmen (NOTAMs)
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Tools and Techniques for Land Use Compatibility 1.187 Planning Techniques Acquisition and Notification Techniques Local Gov / Airport Type / Growth Pressure Planning Zoning Natural Features Mitigation Land Acquisition / Easement Agreements / Notifications Noise Techniques Education Large City Commercial Service Airport Existing Development / Infill Develop comprehensive plan with airport element Develop area plans designating areas around airport for appropriate business and residential development Develop airport land use compatibility plan incorporating airport compatible land uses Develop airport compatible infill redevelopment plan supporting community and airport Adopt airport zoning ordinance Revise zoning to encourage compatible infill development within airport safety zones Discourage expansion of existing high density residential uses and prohibit new residential uses locating them away from airport safety areas Discourage land fills and water/sewer facilities and public assemblies (schools, churches, etc.) in proximity to the airport environs Assess wildlife activity in proximity to the airport Develop wildlife management plans to reduce wildlife hazards Inventory vegetation, remove or trim tall vegetation hazardous to airport operations Issue Notice to Airmen (NOTAMs)
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1.188 As demonstrated with the publication of the Doolittle Report in 1952, the topic of land use compatibility near airports has been around for more than 57 years. Unfortunately, since vacant land was a readily available commodity for many of the 57 years, many communities took little initiative to institute measures to preserve compatibility near their local airports.
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Conclusions 1.189 Local jurisdictions appear to generally understand and appreciate the overall economic benefit of an airport. Most, however, do not view land use incompatibility issues as truly jeopardizing the existence of the airport.
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groups, etc.) as being instrumental in protecting their airports from incompatible land uses.
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Conclusions 1.191 noise levels are low, and/or because the DNL calculation, which uses average noise level, does not address the degree of annoyance and disruption caused by single noise events. Some airports/ communities, therefore, strive to use the 60 DNL contour as the basis for land use restrictions, which often covers substantially more land area.
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as a compatible land use because the home owners are usually pilots and thus understand the potential danger of living in proximity to an airport. Airparks often provide value for the community with an increased tax base.
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Conclusions 1.193 Given the relatively small number of accidents that occur, one cannot afford to disregard any accident data, however unique the circumstances were surrounding the accident. Similarly, one cannot address differences in local circumstances by subdividing the data into separate clusters on the basis of some criteria of interest.
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The research may result in a summary of case studies that can be utilized as a resource for industry consultation, or if specific trends are found, general guidelines may be developed that can assist in future assessments. Development Density A significant amount of consideration was given to the topic of land use density and the intensity of use, as it relates to compatibility with airports.
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Conclusions 1.195 craft accidents and there is an extensive body of literature and established policies in other fields. However, guidance is needed on how to apply this to third-party risk from aircraft accidents and whether levels of acceptable risk in other industries or transportation sectors are appropriate to use for aircraft accidents.
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Since there are numerous ACRP projects that address noise related issues, it is recommended that a coordinated effort with these other studies be made to focus on this question through an existing ACRP study or possibly a dedicated study that would address this issue. As demonstrated in the case studies associated with the project, many noise related incompatibility concerns arose from areas well outside the 65 DNL noise contour.
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Ale, Ben, Edward Smith, and Robin Pitblado. Safety Around Airports – Developments in the 1990s and Future Directions.
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Department of Defense, Office of Economic Adjustment. NAS Pensacola Joint Land Use Study (JLUS)
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McMillen, Daniel P., "Airport Expansions and Property Values: The Case of Chicago O'Hare Airport," Journal of Urban Economics, 55(3)
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Schultz, T.J., "Synthesis of social surveys on noise annoyance," J Acoust.
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United States Department of Transportation Federal Aviation Administration. Authorization Act of 1994.
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U.S. Government Accountability Office (GAO)
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A1 A P P E N D I X A European Approach to Third-Party Risk Analysis
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As discussed in Chapter 7 Aircraft Accidents and Safety Considerations, greater attention has been given to assessing the safety of those on the ground in the vicinity of airports in Europe than in the United States. In particular, formal analytical models of the risk from aircraft accidents posed to those on the ground near airports have been developed in both the Netherlands and the United Kingdom, and land use controls in the areas off the ends of runways have been based on the results of the application of these models.
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The NATS study included an extensive analysis of both the frequency of occurrence of aircraft accidents and the location of these accidents with respect to the airport runways. The study noted that the calculation of individual risk contours requires three elements: Annual probability of an aircraft crash occurring near a given airport Distribution of such crashes with respect to the runway being used Size of the crash area and number of people likely to be killed within this area The study included an extensive discussion of the likely size of the impact area and the consequential number of people likely to be killed.
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Subsequently, the DfT issued Circular 1/2002 (UK Department for Transport, 2002) on Control of Development in Airport Public Safety Zones to provide guidance to local planning authorities.
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Historical accident location data has been updated and divided into five types of accident (landing and takeoff veeroffs are combined)
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FIGURE 4 Comparison of societal risk around Schiphol Airport. Source: Pikaar, A.J., M.A.
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Appendix A A7 Summary Although aircraft accidents in the immediate vicinity of an airport are fairly rare, there has been an increasing recognition in Europe of the need to determine the extent of the risk to those on the ground in the area under the arrival and departure flight paths and to establish appropriate land use controls to reduce the risk to an acceptable level. The approach being followed increasingly in Europe is to undertake a formal analysis of third-party risk and set explicit criteria for acceptable risk that can be used to define the area within which land use controls will be applied.
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B1 A P P E N D I X B Airport Land Use Compatibility Model State Legislation
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The Airport Cooperative Research Program (ACRP) , with Federal Aviation Administration (FAA)
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Who Should Use this Model Legislation While a variety of people may find this model legislation a useful reference, it is aimed primarily at state and regional officials. The primary document provides a discussion of the various entities that should be involved in the development of land use compatibility programs that can include development of an ordinance such as this model.
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TABLE OF CONTENTS 3SECTION 1: Title ....................................................................................................................................................B5 (A) Title................................................................................................................................................B5 (B)
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TITLE COMMENTARY: This Section is used to identify the title and provide a short title for easy citation.
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LOCAL ACTION COMMENTARY: This Section allows or requires a local government unit or joint airport zoning board with jurisdiction over any portion of an airport influence area to adopt protective zoning. Many state airport zoning acts enable but do not require local airport zoning.
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(G) PURCHASE OR CONDEMNATION OF AIR RIGHTS OR NAVIGATION EASEMENTS A political subdivision or airport authority may acquire, by purchase, grant, condemnation, or easement, any property, structure, use, air right, avigation easement, or other estate or interest in such property if: (1)
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other relevant agency] adopt, administer, and enforce airport zoning regulations for the airport hazard area in question pursuant to Section 3(B)
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COMMENTARY: The source referenced in item (3) above provides guidance based upon the recommendations outlined in this federal legislation which is based upon the Aviation Safety and Noise Abatement Act of 1979 (ASNA)
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Alternatively, this section could refer local municipalities to adhere to the FAA guidance manual, Land Use Compatibility and Airports. This relieves the state of the burden of creating a new manual and promotes national consistency across state land use compatibility regulations.
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(N) EXTENT The airport land use compatibility zoning may not regulate the location, size, height, and use of buildings or the density of population in any area that is further than three miles from the boundary of the airport and less than 500 feet above the elevation of the airport.
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land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
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(1) An airport zoning regulation may not be adopted, amended, or repealed under this part except by action of the legislative body of the political subdivision in question or the joint zoning board provided for in this Act, after a public hearing at which parties in interest and citizens shall have an opportunity to be heard.
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Each violation of this Act or of any regulations, order, or rules promulgated pursuant to this Act, shall constitute a simple misdemeanor and each day a violation continues to exist shall constitute a separate offense.
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In such cases, proceedings shall not be stayed except by an order of the board on notice to the agency from which the appeal is taken and on due cause shown.
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(J) PERSON Any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
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C1 A P P E N D I X C Airport Land Use Compatibility Model Local Zoning Ordinance
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The Airport Cooperative Research Program (ACRP) , with Federal Aviation Administration (FAA)
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Airport safety can be broken down into three categories: Protecting people and property on the ground Minimizing injury to aircraft occupants Preventing creation of hazards to flight The primary compatibility concerns range from tall buildings that may be obstructions to flight, to inappropriate higher intensity uses that put people on the ground in harm's way (such as arenas, schools, residential subdivisions, and apartment buildings) , to uses that might interfere with aircraft operations (e.g., bright lights on towers, radio interference, landfills, and standing water that might attract birds)
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How the Model Ordinance Was Prepared This ordinance was prepared using the extensive national experience of Clarion Associates and Mead & Hunt in writing local airport land use compatibility ordinances and advising local and state governments on airport land use compatibility issues. In addition, this model ordinance contains a range of best practices derived from the research, interviews, and case studies undertaken as part of the ACRP 03-03 project.
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TABLE OF CONTENTS SECTION 1: Title and Introduction......................................................................................................................C7 SECTION 2: Authority ...........................................................................................................................................C7 SECTION 3: Statement of Purpose and Findings...............................................................................................C7 SECTION 4: Short Title .........................................................................................................................................C8 SECTION 5: Applicability .....................................................................................................................................C8 SECTION 6: Airspace Obstruction/Height Limitation Zone ............................................................................C8 (A) Establishment of Airspace Obstruction/Height Limitation Zone...............................C8 (B)
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(A) Avigation Easements BP......................................................................................................C42 (B)
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SECTION 1: TITLE AND INTRODUCTION COMMENTARY: This Section is used to identify the title and provide a brief introduction to the ordinance and identify the airport(s) which the ordinance is applicable.
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(6) The prevention or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards and public purposes for which political subdivisions may raise and expend public funds.
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FIGURE 7-1 and FIGURE 7-2 illustrate Zone A and TABLE 7-A indicates the required dimensions for Zone A Figure 7-1: Airport Land Use Compatibility Zones Source: Mead & Hunt, Inc.
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FIGURE 7-2: Zone A – Runway Protection Zone Source: Mead & Hunt, Inc. Table 7-A: Dimensional Requirements for Zone A Dimensions Approach Visibility Minimums 1/ Length L1 (feet)
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Zone B1 and B2 is equal to the length of the approach surface as shown in TABLE 7-B, and as illustrated previously in FIGURE 7-1 and in FIGURE 7-3 below. The fan shape of the approach is maintained within both zones.
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TABLE 7-B Sample Dimensions for Airport Overlay Zones B1, B2, C, and D Dimensional Standards (Feet) 1/ Non-Precision Instrument Runway Visual Runway B D im ensions show n in Figure 4 Item A B A C D Precision Instrument Runway W1 Width of Primary Surface, inner width of Zone A & Zone B1 250 500 500 500 1,000 1,000 W2 Outer width Zone A Shown in Table 5 W3 Outer width Zone B2 1,250 1,500 2,000 3,500 4,000 10,000 W4 Width of Zone D from Primary Surface 1,050 1,050 1,050 1,050 1,050 1,050 L1 2/ Length of Zone A Shown in Table 5 L2 Combined Length of Zone B1/B2 5,000 5,000 5,000 10,000 10,000 10,000 3/ L3 Radius Zone C 5,000 5,000 5,000 10,000 10,000 10,000 Note: 1/ Runway Classification Legend A – Utility runway (runway servicing aircraft weighing 12,500 pounds or less)
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COMMENTARY: Optional Zone D – Areas Adjacent to the Runway Environs can be added to the zoning ordinance if a community wants to include additional protection of the areas parallel to the runways. The limitations or restrictions associated with this area will vary greatly depending upon the dimensional standards established within the ordinance.
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(1) Intent This Section's land use compatibility standards restrict uses that may be hazardous to the operational safety of aircraft operating to and from the _____________________ Airport, and to limit population and building density in the runway approach areas, avoid concentrations of people, and create sufficient open space to protect life and property in case of accident.
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conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to ensure this result.
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COMMENTARY: In many states, such as Minnesota and Colorado, local branches of federal agencies can offer excellent advice to local airports. The local branch of the USDA Animal Plan Health Inspections Services or the U.S.
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(4) General Limitations on Waste Disposal Facilities a.
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standards in subsection 7(C)
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2. Multi-family residential uses, mobile home parks, and institutional living facilities such as nursing homes and senior assisted living facilities, are prohibited unless such facilities comply with the maximum site population standard in subsection (6)
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From page 246... ...
COMMENTARY: For communities interested in implementing Option 2's detailed use table approach, the implementing body should carefully review Table 7-C below and tailor it, as necessary, to fit local circumstances and zoning practices. Local zoning practice, for example, may already employ a "permitted use table" in the general zoning code.
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From page 247... ...
i. As reasonably necessary to aid in the decision-making body's determination, the applicant shall submit substantial evidence, including studies and reports prepared by qualified professionals, to support the application for approval of the use.
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From page 248... ...
TABLE 7-C: AIRPORT LAND USE COMPATIBILITY BY ZONE Compatibility Zones Use Categories and Specific Use Types Zone A Zone B Zone C Zone D Conditions Required to Achieve Compatibility = Incompatible use - recommend that local jurisdictions prohibit in the Zone C = Compatible use - recommend that local jurisdictions allow in the Zone CC = Conditionally compatible use - may be made compatible through compliance with indicated conditions. Recommend that local jurisdictions require discretionary local review and/or conformance with standards.
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From page 249... ...
TABLE 7-C: AIRPORT LAND USE COMPATIBILITY BY ZONE Compatibility Zones Use Categories and Specific Use Types Zone A Zone B Zone C Zone D Conditions Required to Achieve Compatibility = Incompatible use - recommend that local jurisdictions prohibit in the Zone C = Compatible use - recommend that local jurisdictions allow in the Zone CC = Conditionally compatible use - may be made compatible through compliance with indicated conditions. Recommend that local jurisdictions require discretionary local review and/or conformance with standards.
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From page 250... ...
TABLE 7-C: AIRPORT LAND USE COMPATIBILITY BY ZONE Compatibility Zones Use Categories and Specific Use Types Zone A Zone B Zone C Zone D Conditions Required to Achieve Compatibility = Incompatible use - recommend that local jurisdictions prohibit in the Zone C = Compatible use - recommend that local jurisdictions allow in the Zone CC = Conditionally compatible use - may be made compatible through compliance with indicated conditions. Recommend that local jurisdictions require discretionary local review and/or conformance with standards.
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From page 251... ...
TABLE 7-C: AIRPORT LAND USE COMPATIBILITY BY ZONE Compatibility Zones Use Categories and Specific Use Types Zo ne A Zo ne B Zo ne C Zo ne D Conditions Required to Achieve Compatibility = Inco mp atible use - recommend that local jurisdictions prohibit in the Zone C = Compatible use - recommend that local jurisdictions allow in the Zone CC = Conditionally compatible use - may be made compatible through compliance with indicated conditions. Recommend that local jurisdictions require discretionary local review and/or conformance with standards.
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From page 252... ...
a. Unlisted Uses BB PP 1.
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From page 253... ...
(6) Density Restrictions for Conditionally Compatible Uses COMMENTARY: Controlling development density can help to reduce accident hazard because in most airplane crashes, pilots have some ability to steer the aircraft toward open areas if such areas exist.
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From page 254... ...
TABLE 7-D: RATIO OF SITE AREA TO BUILDING ENVELOPE Maximum Ratio of Site Area to Building Envelope Area Maximum Building Envelope (Sq.
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From page 255... ...
TABLE 7-E: USE FACTORS FOR DETERIMING SITE POPULATION SOURCE: UNIFORM BUILDING CODE Land Use People/Use Aircraft hangars 500 Auction rooms 7 Assembly Areas: Concentrated Use (without fixed assets) : Auditorium Bowling alleys Churches and chapels Dance floors Lodge rooms Reviewing stands Stadiums 7 Assembly Areas: Less Concentrated Use: Conference rooms Drinking rooms Drinking establishments Exhibit rooms Gymnasiums Lounges Stages 15 Children's Home or Home for the Aged 80 Classrooms 20 Dormitories 50 Dwellings 300 Garage parking 200 Hospitals, Nursing homes, and similar institutional uses 80 Hotels and apartments 200 Kitchen -- commercial 200 Library reading room 50 Locker room 50 Mechanical equipment room 300 Nurseries for children/day care 35 Offices 100 School shops and vocational rooms 50 Skating rinks 50 for rink area; plus 15 for decks C30 Enhancing Airport Land Use Compatibility
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From page 256... ...
TABLE 7-E: USE FACTORS FOR DETERIMING SITE POPULATION SOURCE: UNIFORM BUILDING CODE Land Use People/Use Basement 20 Ground floor 30 Upper floor 50 Swimming pool 50 for pool area; plus 15 for decks Warehouse 300 Lobby (accessory to an assembly use) 7 Malls See appendix to chapter 7, U.B.C.
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From page 257... ...
(C) AIRPORT NOISE IMPACT ZONES There are hereby created and established three overlay land use noise zones: 75 DNL Noise Zone, 70 DNL Noise Zone, and 65 DNL Noise Zone.
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From page 258... ...
similarity to noise tolerance and compatibility with normal airport operations as exhibited by the activities and land uses which are listed in the Chart.
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From page 259... ...
BPP COMMENTARY: The FAA recognizes airport land use compatibility issues in areas where noise impacts are 65 DNL and greater, based on studies that demonstrate negative health impacts from annual noise exposure at these levels. In a number of communities impacted by airport noise, including Centennial, Colorado, and Pensacola, Florida, local jurisdictions also regulate noise sensitive uses within lower contours such as the 55 or 60 DNL.
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From page 260... ...
OPTION 1: [Appointment of existing body as the Board of Adjustment]
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From page 261... ...
SECTION 11: TREATMENT OF NONCONFORMING USES AND STRUCTURES COMMENTARY: This Section establishes general rules for treatment of uses and structures existing at the time of adoption of the Ordinance that do not conform to the provisions of Ordinance. Generally, such nonconforming uses and structures are allowed to continue, and are allowed to expand only if the expansion would not increase the extent of the non-conformity.
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From page 262... ...
b. Expansion of Nonconforming Uses 1.
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From page 263... ...
2. The expansion will cause no greater adverse impacts on surrounding properties than did the original nonconforming use.
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From page 264... ...
destroyed nonconforming structure, at his own expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Ordinance. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed or equipped, and assess the cost and expense thereof against the land on which the structure is or was located.
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From page 265... ...
structure, because of terrain, land contour, or topographic features, would exceed the height or land use limit prescribed for the respective zone.
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From page 266... ...
(2) Relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the intent of this Ordinance.
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From page 267... ...
uncertainly in airport impacts such as changes in aircraft fleet mix and air traffic routing. Local jurisdictions may also wish to require non-suit covenants as a condition of approval for an airport zoning permit or variance (as set forth in Section 13)
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From page 268... ...
SECTION 16: APPEALS COMMENTARY: This Section defines the appeals process. This may be similar or even identical to existing procedures outlined in an existing ordinance.
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From page 269... ...
SECTION 20: SEVERABILITY Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. BPP COMMENTARY: As discussed in Chapter 6 of the main document, in some cases, local airport land use compatibility regulations may lead to property takings claims.
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From page 270... ...
C. Airport Environs.
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From page 271... ...
M. Conditionally Compatible Use.
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From page 272... ...
U. Imaginary Surfaces.
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From page 273... ...
CC. Object.
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From page 274... ...
MM. Primary Runway.
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From page 275... ...
For example: Slope = 3:1, which is the same as three feet horizontal to one foot vertical.
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From page 276... ...
CCC. Vehicle Parking, Accessory.
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From page 277... ...
EXHIBITS TO MODEL ORDINANCE Airport Land Use & Height Overlay Zoning Map [This exhibit provides the Official Airport Land Use & Height Overlay Zoning Maps to be kept on file with the appropriate governmental entities. The maps must be amended when changes occur within the jurisdictional boundaries of the maps.
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From page 278... ...
APPENDIX A: AIRPORT NOISE COMPATIBLE LAND USE ZONES CHART Source: Florida Transportation Department, Office of Aviation. "Airport Land Use Compatibility Guidance for Florida Communities." 1999.
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From page 281... ...
CHART KEY Y(Yes) Land use is normally compatible without restriction and should be allowed.
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From page 282... ...
E-1 Avigation Easement (Property located outside Runway Protection Zone (RPZ)
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From page 283... ...
E-1 AVIGATION EASEMENT (Property located outside Runway Protection Zone (RPZ)
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From page 284... ...
(c) The GRANTEE shall have the right of ingress to, egress from, and passage over the GRANTOR's land described above for the purpose of removing obstructions.
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From page 285... ...
My Commission Expires: Parcel No.: Name: Project No.: D4 Enhancing Airport Land Use Compatibility
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From page 286... ...
Property Tax Code: Parcel No.: PROPERTY DESCRIPTION: Insert EXHIBIT X Avigation Easement (outside RPZ) here Appendix D D5
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From page 287... ...
E-2 AVIGATION EASEMENT (Property located inside Runway Protection Zone (RPZ)
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From page 288... ...
(1) The GRANTOR shall not construct nor permit nor suffer to remain upon the GRANTOR's land any present or future obstruction that extends above the heights described and depicted on the attached Exhibit X
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From page 289... ...
These covenants shall run with the GRANTOR's land described above, for the benefit of the GRANTEE and its successors and assigns in the ownership and operation of the AIRPORT.
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From page 290... ...
AVIGATION EASEMENT (in RPZ) Property Tax Code: Parcel No.: PROPERTY DESCRIPTION: Insert EXHIBIT X Avigation Easement (outside RPZ)
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From page 291... ...
E-3 NOISE EASEMENT This indenture made this _____ day of ____________________, 20____, by ____________________ and between __________________________, hereinafter referred to as Grantor, and ________________ County, a municipal corporation organized and existing under the laws of the State of ___[Insert State] ___, hereinafter referred to as Grantee, witnesseth: WHEREAS the Grantor is the owner in fee of a certain parcel of land in the County of _________________, State of __[Insert State]
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From page 292... ...
The Noise Easement shall run with the land of the Grantor, as hereinabove described, for the benefit of the Grantee, and its successors and assigns in the ownership, use and operation of the aforesaid airport. Grantee, its successors and assigns, shall have and hold said easement and all rights appertaining thereto until said airport shall be abandoned and shall cease to be used for airport purposes.
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From page 293... ...
This indenture made this _____ day of ____________________, 20____, by and between __________________________, hereinafter referred to as Grantor, and ________________ County, a municipal corporation organized and existing under the laws of the State of __[Insert State] ____, hereinafter referred to as Grantee, witnesseth: WHEREAS the Grantor is the owner in fee of a certain parcel of land in the County of _________________, State of ___Insert State]
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From page 294... ...
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written.
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From page 295... ...
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to as Grantees (whether singular or plural) , hereby covenant and agree that they shall not, by reason of their ownership or occupation of the following described real property, protest or bring suit or action against the ________________[Insert name of airport]
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From page 296... ...
A disclosure statement, adhering to the form of the statement below, shall be provided to and signed by each potential purchaser of property within the Airport Influence Area as shown on the approved Airport Land Use Drawing. The signed statement will then be affixed by the Seller to the agreement of the sale.
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From page 297... ...
Customarily, someone will request a letter from the municipality about outstanding charges and assessments against a property. Something similar to this language, adapted for your airport, can be incorporated into a letter sent to buyers and title companies in preparation for closing.
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From page 298... ...
NOTARY ACKNOWLEDGEMENT STATE OF _________, [Insert State] COUNTY OF ________________________, [Insert County]
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Key Terms
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