NY Gen Mun L § 356 (2021)
2021 New York Laws GMU - General Municipal Article 14 - Airports and Landing Fields 356 - Protection of Approaches to Public Airport.

§  356.  Protection  of  approaches to public airport. 1. It is hereby   declared that a flight hazard within the flight hazard area  as  defined   in  section three hundred fifty-five of this chapter endangers the lives   and property of users of the airport and of occupants  of  land  in  its   vicinity,  and  also,  if of the obstruction type, in effect reduces the   size of the area available for the landing, taking off  and  maneuvering   of aircraft, thus tending to destroy or impair the public utility of the   airport  and  the  public  investment  therein. Accordingly it is hereby   declared as a  matter  of  public  policy:  (a)  that  the  creation  or   establishment  of  a  flight  hazard within such flight hazard area is a   public nuisance and an injury to the people and community served by such   public airport; (b) that it is, therefore, necessary in the interest  of   the  public  safety,  public health and general public welfare, that the   creation or establishment of such flight hazards be prevented; (c)  that   this   be   accomplished  to  the  extent  legally  possible  under  the   constitution of the state  by  exercise  of  the  police  power  without   compensation, by the municipalities affected thereby under the authority   granted in the following subdivisions; (d) that where the application of   regulations  promulgated  under such police power in any particular case   would prove so unreasonable as in fact to constitute  a  taking  of  the   property affected, there is provided in section three hundred fifty-five   of  this  chapter  authority  for  the  expenditure by municipalities of   public funds for the acquisition of the fee or such lesser  interest  in   property  as may be necessary and proper to abate such particular hazard   or prevent the creation of such hazard within the flight hazard area.2. Any city, village or town having within its territorial limits  any   part  of  a  flight  hazard  area  as  defined  in section three hundred   fifty-five of  this  chapter  is  hereby  empowered  by  action  of  its   governing  body after due notice and hearing to adopt, amend and enforce   regulations applicable within municipal limits  for  the  protection  of   persons  and  property within such flight hazard area.  Such regulations   may divide such flight hazard area into different districts, and  within   each  such  district  may  apply regulations which may differ as between   different districts, and may differ according to angles of elevation and   distances computed from the ends of the runway of such airport and  from   the  boundaries  of  approach  and  turning zones as may be required but   otherwise shall be uniform within districts of the same  classification.   Such regulations may restrict and limit the height to which buildings or   structures may be erected or trees or other natural objects permitted to   exist  or  grow  in  such flight hazard area and shall conform so far as   locally practicable to such standards as may be promulgated and approved   by the Federal Civil Aeronautics Administration or its successor.3. Where a public airport or any part of its flight hazard  area  lies   in  one  or  more  municipalities,  upon the request of the municipality   owning such airport, any municipality affected thereby and empowered  as   described   above   may   by  resolution  duly  adopted  join  with  the   municipality owning such airport in the establishment of a joint airport   zoning board. Such board shall prepare appropriate regulations for  such   flight  hazard  area  of  the character authorized in subdivision two of   this section and in accordance so far as locally practicable  with  such   standards  promulgated  and  approved  by  the Federal Civil Aeronautics   Administration or its successor and shall recommend the adoption in  any   municipality  wherein  any part of such flight hazard area is located of   such regulations as may be applicable within their respective  municipal   limits.  The  cost  of preparing, enacting, publishing and amending such   regulations as may be adopted by a municipality in accordance  with  the   recommendations  of  such joint board shall be charged to the requesting   municipality owning such airport or may be shared by  the  participating    municipalities  in such other manner as may be recommended by such joint   board and mutually agreed to by each municipality affected thereby. Each   municipality joining in the creation  of  such  joint  board  is  hereby   authorized  to  appropriate  moneys  for  its  agreed  upon share of the   reasonable cost of preparing, enacting,  publishing  and  amending  such   regulations.4.  In the event that a municipality has adopted, or hereafter adopts,   a comprehensive zoning ordinance as heretofore or  hereafter  authorized   by  law,  the  provisions  of  this  article governing the protection of   public  airports  and  flight  hazard  areas  may  be   deemed   to   be   supplementary  to such general grant of power and any flight hazard area   regulations applicable to any part of the area of such municipality  may   be  incorporated  in  and  made  a  part  of  such  comprehensive zoning   regulations, and be administered and enforced in connection therewith by   the  municipality  within  which  the  regulations   in   question   are   applicable.5.  Any person aggrieved by any order or decision of an administrative   official charged with the enforcement of regulations adopted pursuant to   this section may appeal such order or decision within the  time  and  in   the  manner  provided in the local zoning ordinance of that municipality   or otherwise provided by law, or in the absence of a  zoning  ordinance,   or  if  no board of appeals or other appellate body has been established   under such local zoning ordinance, may appeal such order or decision  to   the governing board of that municipality. Any such appeal to a governing   board  of a city, town or village shall be taken within sixty days after   the  filing  of  such  order  or  decision  with  the  clerk   of   that   municipality;  and  shall  be  perfected,  conducted  and  determined in   accordance with the respective provisions of the general city law,  town   law  or  village  law  applicable  generally  to  appeals from decisions   relating to zoning regulations, to the extent that such  provisions  can   be  reasonably  adapted  to the proceedings of such governing board. Any   decision of such board of appeal, other  appellate  body,  or  governing   board  of  a  city,  town  or  village  shall  be subject to review by a   proceeding under article seventy-eight of the  civil  practice  law  and   rules  in  accordance with the respective provisions of the general city   law, town law or village law applicable generally to the judicial review   of decisions relating to zoning regulations.