[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 not
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.
[Amended 5-13-2024 ATM by Art. 39]
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.
D.
The Airport
Commission, in its sole and absolute discretion and in the exercise
of its administrative and enforcement authority hereunder, may, upon
consideration of relevant hardships and practical necessities, utilize
its own staff and/or agents to survey and identify trees or other
vegetation located on properties in the vicinity of the Chatham Airport
which have been determined to constitute an airport hazard and to
remove, lower or otherwise change the same, as the Airport Commission
shall deem necessary and appropriate; and, further in pursuance thereof,
the Airport Commission may expend Town or Airport funds legally appropriated
and authorized for this purpose to cover the cost of any such survey,
identification and removal, lowering or other change with respect
to such trees and vegetation.
[Added 5-6-2023 ATM by Art. 44]
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.
