Loading...
HomeMy WebLinkAboutOrdinance 26-2007 ORDINANCE NO. 26-07 An Ordinance Requiring Compliance With State And Federal Aviation Requirements And Pertaining To Proposed Construction Or Alteration Of Objects That May Affect Navigable Airspace In The City Of Brookings, South Dakota BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. CHAPTER 22, ARTICLE VII. CONSTRUCTION OR ALTERATION OF OBJECTS THAT MAY AFFECT NAVIGABLE AIRSPACE Sec. 22-500. South Dakota Aeronautics Commission Application for Location of Aeronautical Hazard. (a) Before any person or entity may begin construction or alteration of any structure within two miles from the nearest boundary of any public airport, the height of which is over ten feet above the elevation of an airport, for each five hundred feet of distance from the nearest boundary of the airport (50:1 slope), they shall first file an application with and obtain the approval of the South Dakota Aeronautics Commission to enter upon and complete such construction or alteration. However, no application is needed if the construction or alteration is within the corporate limits of a municipality and is adjacent to other structures of a permanent character which are an equal or greater height than the construction or alteration proposed. (b) The application referred to in Sec. 22-500(a) may be obtained from the South Dakota Aeronautics Commission. Sec. 22-501. Application for construction approval - Sixty days notice required. A person shall submit the application provided in Sec. 22-500 to the South Dakota Aeronautics Commission for approval, as required under SDCL 50- 9-1 or 50-9-7, at least 60 days before the proposed date that construction is to begin. A copy of the application provided in Sec. 22-500 shall be filed with the City Engineer at the time of filing with the South Dakota Aeronautics Commission. Sec. 22-502. Notice to Federal Aviation Administration ("FAA") and City. Any person, or agent, who intends to sponsor construction, as described below, is required to submit to the Federal Aviation Administration, with a contemporaneous copy to the Brookings City Engineer, FAA Form 7460-1, Notice of Proposed Construction or Alteration to the Federal Aviation Administration, in accordance with Advisory Circular No. 70/7460-2K, if the proposed construction or alteration falls within any of the following categories: 1. Greater than 200 feet in height. The proposed object would be more than 200 feet above ground level at its location. 2. Near a Public Use Airport or Heliport. (a)Airport. The proposed object or alteration would be within 20,000 feet of the Brookings Regional Airport and the object would exceed a slope of 100:1 horizontally (100 feet horizontally for each one (1) foot vertically) from the nearest point of the nearest runway. (b)Heliport. The proposed object would be within 5,000 feet of a heliport and would exceed a 25:1 horizontal slope (25 feet horizontally for each one (1) foot vertically) from the nearest landing and takeoff area of that heliport. 3. Highways and Railroads. The proposed object is a traverse way which would exceed the standards listed in Sec. 22-500 (2)(a) and (b) above, after the height of the object is adjusted upward as follows: (a) Private road: 10 feet or the height of the highest mobile object that would traverse the roadway, whichever is greater. (b) Other public roadways: 15 feet. (c) Interstate Highways: 17 feet. (d) Railroad: 23 feet. (e) Waterway or any other thoroughfare not previously mentioned: an amount equal to the highest mobile object that would traverse the waterway or thoroughfare. 4. Objects on a Public Use Airport or Heliport. The proposed construction or alteration would be located upon an airport or heliport, regardless of height or location. 5. When Requested by the FAA. The FAA may request Form 7460-1 if available information indicates the proposed construction or alteration may exceed an obstruction standard or the proposed construction or alteration may cause electromagnetic interference to aircraft, particularly construction associated with an AM, FM, or TV station including a change in authorized frequency or transmitting power, may cause transmitted signals to be reflected upon ground-based or airborne air navigation communications equipment, or affect instrument procedures. In addition, notice may be requested when the proposal may affect an air traffic control procedure, may obstruct air traffic controllers' line of sight capability, or may affect air traffic control radar. Sec. 22-503. Types of structures which require FAA Notification. Construction or alteration of all structures located within the areas described in this ordinance are subject to reporting. The following are examples of structures requiring Form 7460-1 Notice to the FAA. (a) Proposed construction or alteration of structures such as: (a) Buildings. (b)Antenna Towers. (c) Roadways. (d) Overhead communications and transmission lines as well as the height of the supporting structures. (e)Water towers and the supporting structure. (b)Construction equipment or other temporary structures such as: (a) Cranes. (b) Derricks. (c) Stockpiles of equipment. (d) Earth moving equipment. Sec. 22-504. When FAA Form 7460-1 must be filed. FAA Form 7460-1 must be submitted to the FAA: (a) At least 30 days before the earlier of the following: (a)The date the proposed construction or alteration is to begin, or (b)The date the application for a building permit will be filed. (b) On or before the date the application for construction is filed with the Federal Communications Commission (FCC), if the proposed structure is subject to FCC licensing requirements. (c) Immediately by telephone or other expeditious means to the nearest FSS, with written notification submitted within 5 days thereafter, if immediate construction or alteration is required as in cases involving public services, health or safety. (d)As early as possible in the planning stage but not less than 30 days before construction will begin. Sec. 22-505. Where to file FAA Form 7460-1. (a) Notification of the proposed construction or alteration shall be made on FAA Form 7460-1, Notice of Proposed Construction or Alteration. Additional information such as charts and/or drawings that accurately depict the proposed construction or alteration shall be included to facilitate the FAA's analysis of the project. (b)The completed form shall be mailed to the Manager, Air Traffic Division, of the regional FAA office having jurisdiction over the area within which the construction or alteration will occur, and a copy shall be contemporaneously filed with the Brookings City Engineer. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: August 28, 2007 SECOND READING: September 11, 2007 PUBLISHED: September 14, 2007 CI • ■OKINGS, SOUTH DAKOTA try t D. M - terman, Mayor ''of sRO°o p 1y`\SOU'' ''_ ho-nes, City Clerk