[HISTORY: Adopted May 1997 ATM by Art. 11 as Ch. 13 of the 1997 Bylaws.
Amendments noted where applicable.]
A.
This chapter is adopted pursuant to the authority conferred
by MGL c. 90, §§ 40A through 40I.
B.
It regulates and restricts the height of structures and
objects of natural growth in the vicinity of the Chatham Airport by the creation
of airport approach protection regulations and establishing the boundaries
therefor.
C.
Its purpose is to promote the health, safety and general
welfare of the public by preventing the creation, establishment and maintenance
of airport hazards, thereby protecting the lives and property of users of
the Chatham Airport and of the occupants of land in its vicinity and preventing
destruction or impairment of the airport and the public investment therein.
The following words, for the purposes of this chapter of these bylaws,
shall, unless another meaning is clearly apparent for the way in which the
word is used, have the following meanings:
Means the Chatham Airport.
Means any airspace above the areas defined and shown on a map titled
"Map of Approach Zones Chatham Airport, Chatham, Massachusetts," dated February
1958 and which is on file in the Town Clerk's office and made a part of this
chapter.
Means any structure or tree which extends into any airport approach
zone.
Means any individual, firm, partnership, corporation, company, association
or joint-stock association, and includes any trustee, receiver, assignee or
other similar representative thereof.
Means any object or structure installed by man, including any object
regulated or licensed under any other provision of law.
Means a tree or other object of natural growth.
A.
It is hereby declared that the existence of any airport
hazard endangers the lives and property of the users of the Chatham Airport
and the occupants of the land in its vicinity, and effects a reduction of
the area available for the landing, taking off and maneuvering of aircraft,
thus tending to impair the utility of the airport and the public investment
therein.
B.
Accordingly, it is necessary in the interest of the public
health, safety and general welfare that the creation, establishment or maintenance
of airport hazards be prevented by exercise of police power, without compensation
to any person, except as herein specifically provided.
A.
Except as otherwise provided in this chapter no structure may be erected or altered or any tree permitted to grow or be maintained to a height which would exceed the elevation of the end of the runway by a vertical distance hereby established for each of the following areas, as shown and indicated on the map referred to in the definition of "airport approach zone" in § 100-2 above.
(1)
Area 'A' -- 1/20 of the shortest horizontal distance from the
structure or tree (or any part thereof) to a line 200 feet outward from and
parallel to the end of the runway within the approach zone in which the structure
or tree is located.
B.
The limitations prescribed in this chapter shall be construed
to require the removal, lowering or other change or alteration of any structure
or tree not conforming to these regulations as of the effective date thereof
or otherwise interfere with the continuance of any nonconforming use.
C.
Nothing herein contained shall be construed to permit
any nonconforming structure or tree to be substantially altered or repaired,
rebuilt, allowed to grow or replanted so as to become a greater hazard to
air navigation than it was on the effective date of this chapter.
The Chatham Airport Commission is designated as the administrative agency
charged with the duty of administering and enforcing the regulations herein
prescribed.
A.
Any person desiring to erect or increase the height of
any structure, or to permit the growth of any tree, in a manner not conforming
to this chapter or to establish the right so to do may apply to the Airport
Commission for a variance from the regulations applicable to his property.
B.
Such variance may be allowed where a literal application
or enforcement of such application would result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the public
interest.
C.
Any permit or variance granted under this section shall
be conditioned to require the owner of the structure or tree to permit the
Town at its own expense to install, operate and maintain suitable obstruction
markings or obstruction lights thereon.
D.
Any variance granted by the Airport Commission shall
be filed with the Town Clerk and recorded at the Registry of Deeds.
