N.Y. General Municipal Law § 356: Protection of approaches to public airport

§ 356. Protection of approaches to public airport. 1. It is hereby

declared that a flight hazard within the flight hazard area as defined

in section three hundred fifty-five of this chapter endangers the lives

and property of users of the airport and of occupants of land in its

vicinity, and also, if of the obstruction type, in effect reduces the

size of the area available for the landing, taking off and maneuvering

of aircraft, thus tending to destroy or impair the public utility of the

airport and the public investment therein. Accordingly it is hereby

declared as a matter of public policy: (a) that the creation or

establishment of a flight hazard within such flight hazard area is a

public nuisance and an injury to the people and community served by such

public airport; (b) that it is, therefore, necessary in the interest of

the public safety, public health and general public welfare, that the

creation or establishment of such flight hazards be prevented; (c) that

this be accomplished to the extent legally possible under the

constitution of the state by exercise of the police power without

compensation, by the municipalities affected thereby under the authority

granted in the following subdivisions; (d) that where the application of

regulations promulgated under such police power in any particular case

would prove so unreasonable as in fact to constitute a taking of the

property affected, there is provided in section three hundred fifty-five

of this chapter authority for the expenditure by municipalities of

public funds for the acquisition of the fee or such lesser interest in

property as may be necessary and proper to abate such particular hazard

or prevent the creation of such hazard within the flight hazard area.

2. Any city, village or town having within its territorial limits any

part of a flight hazard area as defined in section three hundred

fifty-five of this chapter is hereby empowered by action of its

governing body after due notice and hearing to adopt, amend and enforce

regulations applicable within municipal limits for the protection of

persons and property within such flight hazard area. Such regulations

may divide such flight hazard area into different districts, and within

each such district may apply regulations which may differ as between

different districts, and may differ according to angles of elevation and

distances computed from the ends of the runway of such airport and from

the boundaries of approach and turning zones as may be required but

otherwise shall be uniform within districts of the same classification.

Such regulations may restrict and limit the height to which buildings or

structures may be erected or trees or other natural objects permitted to

exist or grow in such flight hazard area and shall conform so far as

locally practicable to such standards as may be promulgated and approved

by the Federal Civil Aeronautics Administration or its successor.

3. Where a public airport or any part of its flight hazard area lies

in one or more municipalities, upon the request of the municipality

owning such airport, any municipality affected thereby and empowered as

described above may by resolution duly adopted join with the

municipality owning such airport in the establishment of a joint airport

zoning board. Such board shall prepare appropriate regulations for such

flight hazard area of the character authorized in subdivision two of

this section and in accordance so far as locally practicable with such

standards promulgated and approved by the Federal Civil Aeronautics

Administration or its successor and shall recommend the adoption in any

municipality wherein any part of such flight hazard area is located of

such regulations as may be applicable within their respective municipal

limits. The cost of preparing, enacting, publishing and amending such

regulations as may be adopted by a municipality in accordance with the

recommendations of such joint board shall be charged to the requesting

municipality owning such airport or may be shared by the participating

municipalities in such other manner as may be recommended by such joint

board and mutually agreed to by each municipality affected thereby. Each

municipality joining in the creation of such joint board is hereby

authorized to appropriate moneys for its agreed upon share of the

reasonable cost of preparing, enacting, publishing and amending such

regulations.

4. In the event that a municipality has adopted, or hereafter adopts,

a comprehensive zoning ordinance as heretofore or hereafter authorized

by law, the provisions of this article governing the protection of

public airports and flight hazard areas may be deemed to be

supplementary to such general grant of power and any flight hazard area

regulations applicable to any part of the area of such municipality may

be incorporated in and made a part of such comprehensive zoning

regulations, and be administered and enforced in connection therewith by

the municipality within which the regulations in question are

applicable.

5. Any person aggrieved by any order or decision of an administrative

official charged with the enforcement of regulations adopted pursuant to

this section may appeal such order or decision within the time and in

the manner provided in the local zoning ordinance of that municipality

or otherwise provided by law, or in the absence of a zoning ordinance,

or if no board of appeals or other appellate body has been established

under such local zoning ordinance, may appeal such order or decision to

the governing board of that municipality. Any such appeal to a governing

board of a city, town or village shall be taken within sixty days after

the filing of such order or decision with the clerk of that

municipality; and shall be perfected, conducted and determined in

accordance with the respective provisions of the general city law, town

law or village law applicable generally to appeals from decisions

relating to zoning regulations, to the extent that such provisions can

be reasonably adapted to the proceedings of such governing board. Any

decision of such board of appeal, other appellate body, or governing

board of a city, town or village shall be subject to review by a

proceeding under article seventy-eight of the civil practice law and

rules in accordance with the respective provisions of the general city

law, town law or village law applicable generally to the judicial review

of decisions relating to zoning regulations.