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BINDER/DAVIS PROVIDED BY: Planning ____________ ST. TAMMANY PARISH COUNCIL ORDINANCE ORDINANCE CALENDAR NO. 4410 ORDINANCE COUNCIL SERIES NO. COUNCIL SPONSOR: BINDER/DAVIS PROVIDED BY: Planning INTRODUCED BY: MR. STEFANCIK SECONDED BY: MR. BURKHALTER ON THE 7TH DAY OF OCTOBER, 2010 ORDINANCE TO AMEND THE ST. TAMMANY PARISH CODE OF ORDINANCES, ARTICLE 1, SECTION 3-001.00 THROUGH3-014.00 RELATIVE TO THE AIRPORT HAZARD ORDINANCE. WHEREAS, the St. Tammany Parish Government desires to amend and update the Aiport Hazard Ordinance; and WHEREAS, there is a clear need and a public purpose to assure that any construction that occurs in proximity to the general aviation airports located with St. Tammany Parish do not interrfer with the safe operations of said airports; and WHEREAS. the Parish of St. Tammany deems it necessary to notify the airport manager of all construction which could penetrate the safety cone and/or approaches of the airports. THE PARISH OF ST. TAMMANY HEREBY ORDAINS that the St. Tammany Parish Code of Ordinances, Article 1, Section 3-001.00 through 3-0 14.00 relative to the Airport Hazard Ordinance be amended in accordance with attached “Article 1 - Airport Zoning.” REPEAL: All Ordinances or parts of Ordinance in conflict herewith are hereby repealed. SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity shall not affect other provisions herein which can be given effect without the invalid provision and to this end the provisions of this Ordinance are hereby declared to be severable. EFFECTIVE DATE: This Ordinance shall become effective immediately upon final adoption. MOVED FOR ADOPTION BY: , SECONDED BY: WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN THE FOLLOWING: YEAS: NAYS: ABSTAIN: ABSENT: _________________________ ____, _____________________2010_____________________ ____ ORDINANCE CALENDAR NO. 4410 ORDINANCE COUNCIL SERIES NO. PAGE 2 OF 2 THIS ORDINANCE WAS DECLARED ADOPTED AT A REGULAR MEETING OF THE PARISH COUNCIL ON THE DAY OF 2010; AND BECOMES ORDINANCE COUNCIL SERIES NO. JERRY BINDER, COUNCIL CHAIRMAN ATTEST: THERESA FORD, COUNCIL CLERK KEVIN DAVIS, PARISH PRESIDENT Published introduction: SEPTEMBER 30 2010 Published adoption on: Delivered to Parish President: 2010 @ Returned to Council Clerk: 201 0 ARTICLE I AIRPORT ZONING SEC. 3-001.00 Short Title This Article shall be known and may be cited as the “Slidell Airport Hazard Zoning Ordinance. (Ord. No. 80-29, adopted 08/21/80) SEC. 3-001.01 Intergovernmental Agreement The Police Jury will enter into an Intergovernmental Agreement with the City of Slidell, subject to the following conditions: a) There be no transfer of ownership of land to the Slidell Airport; b) That a long term lease for ninety-nine (99) years be established; c) That the City of Slidell be allowed to annex the Airport area; d) That the City of Slidell be required to manage the Airport directly; e) That in the event the City of Slidell chooses to aHow a third party lease, they will provide St. Tammany Parish with a six (6) month notice, and the Parish will have the option to either approve such third party lease or return the management of the Airport to the Parish; g) Additionally, the City of Slidell will annex Airport Road from the point which they own today north of Interstate 12 to the Slidell Airport; and h) That the Parish will continue to provide maintenance and police responsibility on said road. (Ord. No. 90-1216, adopted 01/18/90) EDITORIAL NOTE: By Inter-Governmental Agreement dated January 25, 1990, management of the Slidell Airport was transferred to the city of Slidell. Said agreement recorded in COB 1411, folio 224 and MOB 1362, folio 880 of the official records of St. Tammany Parish, Louisiana. SEC. 3-002.00 Airport Hazard Zoning Ordinance To provide protection from the hazard created by structures or trees that in effect reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, the St. Tammany Parish Police Jury finding that an airport hazard is a public nuisance and an injury to the region served by the SlidelI Airport; and in the interest of the public health, public safety, and general welfare to prevent airport hazards to the extent legally possible, and by the exercise of its police power as the governing authority of St. Tammany Parish, the said St. Tammany Parish Police Jury Council hereby designates this Article as the Slidell Air port Hazard Zoning Ordinance. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interest in land. (Taken from preamble, statement of purpose, intent and legal authority of Ord. No. 91-1 543, adopted 12/19/91) SEC. 3-002.03 Definitions As used herein, unless the context otherwise requires: (1)a Airport: The Slidell Airport. Airport (Slidell): the Slidell Municipal Airport generally located north of Interstate 12 at the northern end of Airport Road, Slidell, LA. (1)b Airport (Abita): the St. Tammany Regional Airport generally located south of Louisiana Highway 36 approximately three miles southeast of Abita Springs, LA. (2) Airport Elevation: The highest point of an airport’s usable landing area measured in feet from mean sea level. (3) Airport Hazard: Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft. (4)a Airport Manager (Slidell): That person appointed by the Mayor of Slidell to manage the day to day operation of the Slidell Airport. (Ord. No. 91-1543, adopted 12/19/91) (4)b Airport Manager (Abita): That person appointed by the Parish President of St. Tammany Parish to manage the day to day operation of the St. Tammany Regional Air port. (5) Structure: An object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks, earth information, and overhead transmission lines. (6) Tree: Any object of natural growth. (7) Nonconformance Use: Any pre-existing structure, object, of natural growth, or use of land which is inconsistent with the provisions of this Article or an amendment thereto. Article and (8) Height: For the purpose of determining the height limits in all zones set forth in this shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. association, or (9) Person: An individual, firm, partnership, company, association, joint stock of any of governmental entity. It includes a trustee, receiver, assignee, or similar representative them. two (2) of which (10) Airport Hazard Adjustment [Board]: A board consisting of five (5) members, Council are appointed by the St. Tammany Parish Police Jury and two (2) by the Slidell City by as is provided by the Airport Zoning Act of 1944; and one (1), the fifth member, appointed (Ord. No. the above four (4) appointees to compose the Airport I lazard Adjustment Board. under 80-29, adopted 08/21/00; abolished by Ord. No. 92-1 564, adopted 01/10/92; reinstated new name by Ord. No. 91-1 543, adopted 12/19/01) aircraft along its (11) Runway: A defined area on an airport prepared for landing and takeoff of length. using visual approach (12) Visual Runway: A runway intended solely for the operation of aircraft designation procedures with no straight-in instrument approach procedure and no instrument airport indicated on an FAA approved airport layout plan, a military service’s approved military layout plan, or by any planning document submitted to the FAA by competent authority. by propeller driven (13) Utility Runway: A runway that is constructed for and intended to be used aircraft of 12,500 pounds maximum gross weight and less. approach (14) Non-precision Instrument Runway: A runway having an existing instrument naviga procedure utilizing air navigation facilities with only horizontal guidance, or area type has been tion equipment, for which a straight-in non-precision instrument approach procedure on an FAA or planned, and for which no precision approach facilities are planned or indicated planning document or military service’s military airport planning document. runway has a (15) Primary Surface: A surface longitudinally centered on a runway. When the end of specially prepared hard surface, the primary surface extends 200 feet beyond each hard that runway; but when the runway has no specially prepared hard surface, or planned surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation of that Regulations, (FAR) for the most precise approach existing or planned for either end the runway. The elevation of any point on the primary surface is the same as the elevation of nearest point on the runway centerline. area under (16) Approach, Transitional, Horizontal, and Conical Zones: These zones apply to the the approach, transitional, and conical surfaces defined in FAR Part 77. States Department of (17) Federal Aviation Administration (FAA) - That agency of the united the Transportation with authority to regulate and oversee all aspects of civil aviation in United States. similar (18) Local Governing Authority with urisdiction over building permits, zoning and other regulatory functions for the property in guestion. (Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1 543, adopted 12/19/91) 3-002.01-3-002.15 into Section 3- EDITORIAL NOTE: Amendment by Ord.
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