[Amended 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996; 6-10-2014 by L. L. No. 2-2014]
A.
Authority of review. In accordance with § C5-4A of the Charter and within the areas defined therein, the Director of Planning and Development shall have the authority of review and approval over land use and land subdivision, including the height of structures, in the vicinity of publicly owned airports in the County.
B.
Matters subject to review and approval. The matters
subject to review and approval of the Director of Planning and Development
pursuant to this section shall include, but shall not be limited to,
building permits, special permits and site plans required by zoning
regulations, variances and amendments to zoning regulations and land
subdivision as defined by municipal subdivision regulations or the
Public Health Law of the State of New York.
C.
Application submission requirements. The responsible
government official shall submit to the Director of Planning and Development
a complete application for all matters reviewed pursuant to this section.
A complete application shall consist of a completed development review
referral form, as such form has been issued by the Director of Planning
and Development; a completed airport review referral form, as such
form has been issued by the Director of Planning and Development;
one copy of each map, drawing, sketch plan or other rendering which
has been prepared as part of the application for any municipal or
other governmental permit; and any additional information which the
Director of Planning and Development deems necessary for the conduct
of his or her review.
D.
Referral to the Chief of Engineering and Facilities
Management. The Director of Planning and Development shall refer all
matters to be reviewed pursuant to this section to the Chief of Engineering
and Facilities Management for an advisory report, which report shall
consider the effects of the matter on the efficient use and safe operation
of publicly owned airports.
E.
Time period for review. The Director of Planning and
Development shall complete his or her review of all matters subject
to this section and shall submit to the applicant and the municipality
a written report thereon within 30 days of the receipt of a complete
application, except that this thirty-day period may be extended by
agreement between the municipality and the Director of Planning and
Development. If the Director of Planning and Development fails to
submit such report within said thirty-day period or within the mutually
agreed upon extension of said period, the application shall be deemed
to have been approved by the Director of Planning and Development.
F.
Report of the Director of Planning and Development.
The Director of Planning and Development, in his or her report prepared
pursuant to this section, shall approve, approve with conditions or
disapprove all matters subject to this section. If the decision is
one of approval with conditions or disapproval, the report shall specify
the reasons for such decision.
G.
Standards for reviews by the Director of Planning
and Development. The Director of Planning and Development shall adopt
standards to provide a basis for determinations made on all matters
reviewed pursuant to this section. The preparation of such standards
shall conform with the guidelines and procedures set forth below:
(1)
Standards concerning lighting and the height of structures.
The Airport Director shall prepare and submit to the Director of Planning
and Development for his or her consideration proposed standards concerning
lighting and the height of structures. Such standards shall be designed
to assure the efficient use and safe operation of publicly owned airports
and shall take into consideration such factors as the distance of
the proposed land use or land subdivision from publicly owned airports
and the location of such land use or land subdivision with respect
to the approach-departure corridors of publicly owned airports. Such
standards shall take into consideration the standards and criteria
issued by the Federal Aviation Administration in 14 Code of Federal
Regulations Part 77 and in Advisory Circular 70/7460-1k, and shall
further take into consideration such additional standards and criteria
as may be issued by the Federal Aviation Administration and other
authorities on airport regulation.
(2)
Standards concerning the nature and intensity of land
use and land subdivision. The Director of Planning and Development
shall prepare standards concerning the nature and intensity of land
use and land subdivision subject to his or her review and approval
pursuant to this section and shall integrate such standards with standards
on lighting and the height of structures. Such standards shall be
designed to assure the efficient use and safe operation of publicly
owned airports and shall be further designed to assure that land use
and land subdivision in the vicinity of publicly owned airports will
be of such character and extent as not to subject undue concentrations
of people to aircraft crash hazards, aircraft noise and other adverse
impacts of airport operations. The standards shall take into consideration
such factors as the distance of the proposed land use or land subdivision
from publicly owned airports and the location of such land use or
land subdivision with respect to the approach-departure corridors
of publicly owned airports. The standards shall specify, based on
such considerations, appropriate population and employment densities,
soundproofing measures and types of land use. The standards shall
take into consideration the standards and criteria issued by the Federal
Aviation Administration in Advisory Circular 150/5050-6 and in its
report Aviation Noise Abatement Policy (November 1976); and shall
further take into consideration such additional standards and criteria
as may be issued by the Federal Aviation Administration and other
authorities on airport regulation.
H.
Appeals from decisions by the Director of Planning and Development. In accordance with § C5-5 of the Charter, the Planning Board shall hear appeals from decisions made by the Director of Planning and Development pursuant to this section.
I.
Rules, regulations and criteria for acting upon appeals.
The Planning Board shall establish and make public rules, regulations
and criteria for acting upon appeals from decisions made by the Director
of Planning and Development pursuant to this section and shall include
therein a reasonable time period within which appeals shall be heard.
