Chapter 19.77 OBJECTS AFFECTING NAVIGABLE AIRSPACE

Nothing in this chapter shall be considered as preempting the requirements for building permits, use permits or other zone district regulations as contained elsewhere in the Amador County Code. (Ord. 1147 §2(19.77.1), 1987).

19.77.020 Definition of terms.

For the purpose of this chapter:

A. "Airport" means the county-owned and operated Westover Field in Martell.

B. "Airport available for public use" means an airport that is open to the general public with or without a prior request to use the airport.

C. "Administrator" means the Federal Aviation Administration.

D. "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document.

E. "Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

F. "Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service approved military airport layout plan or by any planning document submitted to the FAA by competent authority. (Ord. 1147 §2(19.77.2), 1987).

19.77.030 Standards.

The standards established in this chapter for determining obstructions to air navigation are used by Amador County and the Federal Aviation Administration (FAA) in:

A. Administering the Federal-aid Airport Program and the Surplus Airport Program;

B. Transferring property of the United States under Section 16 of the Federal Airport Act;

C. Developing technical standards and guidance in the design and construction of airports; and

D. Imposing requirements for public notice of the construction or alteration of any structure where notice will promote air safety. (Ord. 1147 §2(19.77.3), 1987).

19.77.040 Kinds of objects affected.

This chapter applies to:

A. Any object of natural growth, terrain or permanent or temporary construction or alteration, including equipment or materials used therein, and apparatus of a permanent or temporary character; and

B. Alteration of any permanent or temporary existing structure by a change in its height (including appurtenances), or lateral dimensions, including equipment or materials used therein. (Ord. 1147 §2(19.77.5), 1987).

19.77.050 Notice requirements.

This chapter requires each person proposing any kind of construction or alteration described in Section 19.77.060 of this chapter to give adequate notice to the county and the Federal Aviation Administration. It specifies the locations and dimensions of the construction or alteration for which notice is required and prescribes the form and manner of the notice. It also requires supplemental notices forty-eight hours before the start and upon the completion of certain construction or alteration that was the subject of a notice under Section 19.77.060.

Notices received under this section provide a basis for:

A. Evaluating the effect of the construction or alteration on operational procedures and proposed operational procedures;

B. Determinations of the possible hazardous effect of the proposed construction or alteration on air navigation;

C. Recommendations for identifying the construction or alteration in accordance with the current Federal Aviation Administration Advisory Circular AC 70/7460-1 entitled Obstruction Marking and Lighting;

D. Determining other appropriate measures to be applied for continued safety of air navigation; and

E. Charting and other notification to airmen of the construction or alteration. (Ord. 1147 §2(19.77.11), 1987).

19.77.060 Construction or alteration requiring notice.

A. Except as provided in Section 19.77.060 each sponsor who proposes any of the following construction or alteration shall notify the county and the Administrator in the form and manner prescribed in Section 19.77.080:

1. Any construction or alteration of more than two hundred feet in height above the ground level at its site;

2. Any construction or alteration of greater height than an imaginary surface extending outward and upward at a slope of:

a. One hundred to one for a horizontal distance of twenty thousand feet from the nearest point of the nearest runway at Westover Field Airport,

b. Twenty-five to one for a horizontal distance of five thousand feet from the nearest point of the nearest landing and takeoff area of the heliport at Westover Field Airport.

3. When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of Sections 19.77.100 through 19.77.130 of this chapter;

4. Any construction or alteration at Westover Field Airport.

B. Each sponsor who proposes construction or alteration that is the subject of a notice under subsection A of this section and is advised by an FAA regional office that a supplemental notice is required shall submit that notice on a prescribed form to be received by the FAA regional office at least forty-eight hours before the start of the construction or alteration.

C. Each sponsor who undertakes construction or alteration that is the subject of a notice under subsection A of this section shall, within five days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the FAA regional office having jurisdiction over the area involved, if:

1. The construction or alteration is more than two hundred feet above the surface level of its site; or

2. An FAA regional office advises him that submission of the form is required. (Ord. 1147 §2(19.77.13), 1987).

19.77.070 Construction or alteration not requiring notice.

No person is required to notify the administrator for any of the following construction or alteration:

A. Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation;

B. Any antenna structure of twenty feet or less in height except one that would increase the height of another antenna structure;

C. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by its functional purpose;

D. Any construction or alteration for which notice is required by any other FAA regulation. (Ord. 1147 §2(19.77.15), 1987).

19.77.080 Form and time of notice.

A. Each person who is required to notify Amador County and the Administrator under Section 19.77.060(A) shall send one executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Chief, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation Administration and the regional offices. One copy shall be sent to the Amador County planning department.

B. The notice required under Section 19.77.060(A)(1) through (4) must be submitted at least thirty days before the earlier of the following dates:

1. The date the proposed construction or alteration is to begin;

2. The date an application for a construction permit is to be filed.

C. The Amador County planning department shall forward copies of any use permit application or building permit application for any project affected by this chapter to the FAA and the California Division of Aeronautics at least thirty days prior to any decision on said project applications.

D. A notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to the FAA at the same time the application for construction is filed with the Federal Communications Commission, or at any time before that filing.

E. A proposed structure or an alteration to an existing structure that exceeds two thousand feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the pertinent provisions of this chapter proposing a structure in excess of two thousand feet aboveground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued.

F. In the case of an emergency involving essential public services, public health or public safety, that requires immediate construction or alteration, the thirty-day requirement in subsection B of this section does not apply and the notice may be sent by telephone, telegraph or other expeditious means with an executed FAA Form 7460-1 submitted within five days thereafter. Outside normal business hours, emergency notices by telephone or telegraph may be submitted to the nearest FAA Flight Service Station.

G. Each person who is required to notify the Administrator by subsection B or C of Section 19.77.060, or both, shall send an executed copy of FAA Form 117-1, Notice of Progress of Construction or Alteration, to the Chief, Air Traffic Division, FAA Regional Office having jurisdiction over the area involved. (Ord. 1147 §2(19.77.17), 1987).

19.77.090 Action on notice or other permit for a project affecting navigable airspace.

Whenever a proposed construction or alteration within the jurisdiction of Amador County is found by the Administrator to be a hazard to air navigation, the county shall deny said project any permit to construct or alter. (Ord. 1147 §2(19.77.19), 1987).

19.77.100 Obstruction standards scope.

A. Sections 19.77.100 through 19.77.130 establish standards for determining obstructions to air navigation. They apply to existing and proposed manmade objects, objects of natural growth, and terrain. The standards apply to the use of navigable airspace by aircraft and to existing air navigation facilities, such as an air navigation aid, airport, federal airway, instrument approach or departure procedure, or approved off-airway route. Additionally, they apply to a planned facility or use, or a change in an existing facility or use, if a proposal therefore is on file with the Federal Aviation Administration or an appropriate military service on the date the notice required by Section 19.77.060(A) is filed.

B. The "primary surface" at Westover Field extends two hundred feet beyond the pavement at the ends of the runway.

C. The standards described in Sections 19.77.100 through 19.77.130 apply to the affect of construction or alteration upon Westover Field Airport. (Ord. 1147 §2(19.77.21), 1987).

19.77.110 Standards for determining obstructions.

A. An existing object, including a mobile object, is and a future object would be an obstruction to air navigation if it is of greater height than any of the following heights or surfaces:

1. A height of five hundred feet above ground level at the site of the object;

2. A height that is two hundred feet above ground level or above the established airport elevation, whichever is higher, within three nautical miles of the established reference point of Westover Field Airport, excluding the heliport, and that height increases in proportion of one hundred feet for each additional nautical mile of distance from the airport up to a maximum of five hundred feet;

3. A height within a terminal obstacle clearance area, including an initial approach segment, a departure area and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance;

4. A height within an en route obstacle clearance area, including turn and termination areas, of a federal airway or approved off-airway route, that would increase the minimum obstacle clearance altitude;

5. The surface of a takeoff and landing area of Westover Field Airport or any imaginary surface established under Sections 19.77.120 or 19.77.130. However, no part of the takeoff or landing area itself will be considered an obstruction.

B. Traverse ways used or to be used for the passage of mobile objects must meet these standards only after the heights of these traverse ways are increased by:

1. Fifteen feet for public roadways;

2. Ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road;

3. Twenty-three feet for a railroad;

4. For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it. (Ord. 1147 §2(19.77.23), 1987).

19.77.120 Westover Field Airport imaginary surfaces.

The following civil airport imaginary surfaces are established with relation to the Westover Field Airport runway. The size of each such imaginary surface is based on the category of the runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of the runway are determined by the most precise approach existing or planned for that runway end.

A. "Horizontal surface" means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is five thousand feet at Westover Field Airport. The radius of the arc specified for each end of the runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five-thousand-foot arc is encompassed by tangents connecting two adjacent ten-thousand-foot arcs, the five-thousand-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

B. "Conical surface" means a surface extending outward and upward from the surface at a slope of twenty to one for a horizontal distance of four thousand feet.

C. "Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is five hundred feet for Westover Field Airport.

D. "Approach surface" means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to the ends of the runway based upon the type of approach available or planned for that runway end.

1. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of two thousand feet for that end of the utility runway with a nonprecision instrument approach;

2. The approach surface extends for a horizontal distance of five thousand feet at a slope of twenty to one.

3. The outer width of the approach surface to the end of the runway is two thousand feet.

E. Transitional Surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline. (Ord. 1147 §2(19.77.25), 1987).

19.77.130 Airport imaginary surface for the Westover Field Heliport.

A. Heliport Primary Surface. The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

B. Heliport Approach Surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of four thousand feet where its width is five hundred feet. The slope of the approach surface is eight to one.

C. Heliport Transitional Surfaces. These surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two to one for a distance of two hundred fifty feet measured horizontally from the centerline of the primary and approach surfaces. (Ord. 1147 §2(19.77.29), 1987).

19.77.140 Scope of aeronautical studies of effect of proposed constructed on navigable airspace.

A. Sections 19.77.140 through 19.77.180 applies to the conduct of aeronautical studies of the effect of proposed construction or alteration on the use of air navigation facilities or navigable airspace by aircraft. In the aeronautical studies, present and future IFR and VFR aeronautical operations and procedures are reviewed and any possible changes in those operations and procedures and in the construction proposal that would eliminate or alleviate the conflicting demands are ascertained.

B. The conclusion of a study made under this subpart is normally a determination as to whether the specific proposal would be a hazard to air navigation. (Ord. 1147 §2(19.77.31), 1987).

19.77.150 Initiation of studies.

An aeronautical study is conducted by the FAA:

A. Upon the request of the sponsor of any construction or alteration for which a notice is submitted under this chapter, unless that construction or alteration would be located within an antenna farm; or

B. Whenever the FAA determines it appropriate. (Ord. 1147 §2(19.77.33), 1987).

19.77.160 Aeronautical studies.

A. The Regional Director of the FAA region in which the proposed construction or alteration would be located, or his designee, conducts the aeronautical study of the effect of the proposal upon the operation of air navigation facilities and the safe and efficient utilization of the navigable airspace. This study may include the physical and electromagnetic radiation effect the proposal may have on the operation of an air navigation facility.

B. To the extent considered necessary, the regional director or his designee:

1. Solicits comments from all interested persons;

2. Explores objections to the proposal and attempts to develop recommendations for adjustment of aviation requirements that would accommodate the proposed construction or alteration;

3. Examines possible revisions of the proposal that would eliminate the exceeding of the standards in this chapter; and

4. Convenes a meeting with all interested persons for the purpose of gathering all facts relevant to the effect of the proposed construction or alteration on the safe and efficient utilization of the navigable airspace.

C. The Regional Director or his designee issues a determination as to whether the proposed construction or alteration would be a hazard to air navigation and sends copies to all known interested persons. This determination is final unless a petition for review is granted under Section 19.77.170.

D. If the sponsor revises his proposal to eliminate exceeding of the standards of this chapter or withdraws it, the Regional Director or his designee terminates the study and notifies all known interested persons.

E. The decisions of the FAA on aeronautical studies conducted pursuant to this chapter shall be binding upon county land use decisions. (Ord. 1147 §2(19.77.35), 1987).

19.77.170 Discretionary review.

A. The sponsor of any proposed construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to state it, may petition the Administrator, within thirty days after issuance of the determination under Section 19.77.090 or 19.77.160 or revision or extension of the determination under 19.77.180, for a review of the determination, revision or extension.

B. The petition must be in triplicate and contain a full statement of the basis upon which it is made.

C. The Administrator examines each petition and decides whether a review will be made and, if so, whether it will be:

1. A review on the basis of written materials, including study of a report by the Regional Director of the aeronautical study, briefs, and related submissions by any interested party, and other relevant facts, with the Administrator affirming, revising, or reversing the determination issued, under this chapter;

2. A review on the basis of a public hearing, conducted in accordance with the procedures prescribed in this chapter. (Ord. 1147 §2(19.77.37), 1987).

19.77.180 Effective period of determination of no hazard.

A. Unless it is otherwise extended, revised, or terminated, each final determination of no hazard made under this chapter expires eighteen months after its effective date, regardless of whether the proposed construction or alteration has been started, or on the date the proposed construction or alteration is abandoned, whichever is earlier.

B. In any case, including a determination to which subsection D of this section applies, where the proposed construction or alteration has not been started during the applicable period by actual structural work, such as the laying of a foundation, but not including excavation, any interested person may at least fifteen days before the date the final determination expires, petition the FAA official who issued the determination to:

1. Revise the determination based on new facts that change the basis on which it was made; or

2. Extend its effective period.

C. The FAA official who issued the determination reviews each petition presented under subsection B of this section, and revises, extends or affirms the determination as indicated by his findings.

D. In any case in which a final determination made under this chapter relates to proposed construction or alteration that may not be started unless the Federal Communications Commission issues an appropriate construction permit, the effective period of each final determination includes:

1. The time required to apply to the Commission for a construction permit, but not more than six months after the effective date of the determination; and

2. The time necessary for the commission to process the application except in a case where the administrator determines a shorter effective period is required by the circumstances.

E. If the commission issues a construction permit, the final determination is effective until the date prescribed for completion of the construction. If the commission refuses to issue a construction permit, the final determination expires on the date of its refusal.

F. Any approval given to a project by a federal agency does not imply automatic county approval of that project. Said projects shall be reviewed pursuant to other chapters in Title 19, Zoning and all other titles in this code. (Ord. 1147 §2(19.77.39), 1987).

19.77.190 Hearings.

Amador County shall not make any project decisions on matters affected by the chapter until completion of FAA hearings and decision. (Ord. 1147 §2(19.77.41), 1987).

19.77.200 Antenna farm areas.

Amador County will, to the extent possible, use its discretionary zoning and permit review process to encourage the grouping of antenna structures and the single structure/multiple antenna concept for proposed communication towers. (Ord. 1147 §2(19.77.71), 1987).

19.77.300 Overflight zones.

The following overflight zones are hereby established within the specified distances from the edge of the Eagle’s Nest Airport runway:

Two-Mile Perimeter. Permits for projects within two miles of the outermost edge of the Eagle’s Nest Airport runway that involve accessory dwelling units or divisions of land shall include an overflight notification. Said notice shall be in the form set forth in Attachment "A" to the ordinance codified in this section, "Notice of Airport in Vicinity," which attachment is incorporated in this chapter by reference.

One-Mile Perimeter. Within one mile of the outermost edge of the Eagle’s Nest Airport runway, schools, churches, and other places of assembly inside buildings, as defined by Section 13143(a) of the California Health and Safety Code, are prohibited. Permits for projects within one mile of the outermost edge of the Eagle’s Nest Airport runway that involve accessory dwelling units, divisions of land, use permits, or new commercial or residential structures shall include an overflight notification. Said notice shall be in the form set forth in Attachment "A" to the ordinance codified in this section, "Notice of Airport in Vicinity," which attachment is incorporated in this chapter by reference.

Structures within the one-mile perimeter that exceed a height of one hundred feet require obstruction lighting that meets FAA specifications. Structures that exceed a height of thirty-five feet are prohibited in the area that is both west of Carbondale Road and south of the southern terminus Eagle’s Nest Airport runway. (Ord. 1836 §2, 2023).