This chapter shall be known and may be cited
as the "Operation of Helicopters and Other Aircraft, Private."
The Town Board of the Town of Webster, Monroe
County, New York, acting under the authority of the Town Law of the
State of New York, hereby adopts and enacts this chapter as its Private
Airport/Heliport Local Law.
The purpose of this chapter is to address the
operation of private airports and heliports and the operation of private
aircraft in the Town of Webster and to provide for the protection
of the health, safety, and welfare of the residents of the Town.
Except as provided otherwise in this chapter,
no private airplanes, private helicopters, private balloons, private
hang-gliders, or private rotorcraft of any kind shall be permitted
to take off or land or discharge or take on passengers within the
boundaries of the Town of Webster.
No private heliport or airport will be permitted
to be built within the boundaries of the Town of Webster.
As used in this chapter, the following terms
shall have the meanings indicated:
AIRCRAFT
A device that is used or intended to be used for flight in
the air. For the purposes of this chapter, "aircraft" does not include
model aircraft, rockets or balloons, with a maximum gross takeoff
weight, including fuel, of 55 pounds, or kites.
AIRPLANE
An engine-driven fixed-wing aircraft heavier than air that
is supported in flight by the dynamic reaction of the air against
its wings.
AIRPORT
An area of land or water that is used or intended to be used
for the landing and/or takeoff of aircraft, and includes its buildings
and facilities, if any.
BALLOON
A lighter-than-air aircraft that is not engine driven and
that sustains flight through the use of either gas buoyancy or an
airborne heater.
GLIDER
A heavier-than-air aircraft that is supported in flight by
the dynamic reaction of the air against its lifting surfaces and whose
free flight does not depend principally on an engine.
HELICOPTER
A rotorcraft that, for its horizontal motion, depends principally
on its engine-driven rotors.
HELIPORT
An area of land, water, or a structure used or intended to
be used for the landing and/or takeoff of helicopters.
KITE
A framework, covered with paper, cloth, metal or other material,
intended to be flown at the end of a rope or cable, and having as
its only support the force of the wind moving past its surfaces.
LIGHTER-THAN-AIR AIRCRAFT
An aircraft that can rise and remain suspended by using contained
gas weighing less than the air that is displaced by the gas.
NYSDOT
New York State Department of Transportation.
OBSTRUCTION
As defined in Subpart C of Part 77 of Title 14 of the US
Code of Federal Regulation (14 CFR 77 Subpart C, Obstruction Standards).
ROTORCRAFT
A heavier-than-air aircraft that depends principally for
its support in flight on the lift generated by one or more rotors.
ULTRALIGHT AIRCRAFT
An aircraft that:
A.
Is used or intended to be used for manned operation
in the air by a single occupant;
B.
Is used or intended to be used for recreation
or sport purposes only;
C.
Does not have any US or foreign airworthiness
certificate; and
D.
If unpowered, weighs less than 155 pounds; or
E.
If powered:
(1)
Weighs less than 254 pounds empty weight, excluding
floats and safety devices which are intended for deployment in a potentially
catastrophic situation;
(2)
Has a fuel capacity not exceeding five US gallons;
(3)
Is not capable of more than 55 knots calibrated
airspeed at full power in level flight; and
(4)
Has a power-off stall speed which does not exceed
24 knots calibrated airspeed.
The following are exempt from the application
of this chapter:
A. Aircraft landing
or taking off from airports owned and operated by the Town of Webster,
County of Monroe, State of New York, or the United States.
B. Any airport operated
by the Town of Webster, County of Monroe, State of New York, or the
United States.
Should any section, paragraph, sentence, clause,
word, part or provision of this chapter be declared void, invalid
or unenforceable for any reason, such declaration shall not affect
the validity of any other part of this chapter which can be given
effect without the part(s) declared void, invalid or unenforceable.
This chapter shall take effect immediately upon
completion of publication, posting and filing as required by law.