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HomeMy WebLinkAboutOrd. 261 - Regulating Private Airfields and Ultralight Activity CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 261 AN ORDINANCE REGULATING PRIVATE AIRFIELDS AND ULTRALIGHT ACTIVITY IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Intent. The City finds it necessary to regulate private airfields and ultralight activity to protect the safety and general welfare of residential neighborhoods. It is the intent of this ordinance to establish standards for the operation of airfields, aircraft and ultralights. Section 2. Puroose and Imolementation. Through the adoption and enforcement of this ordinance, the City shall protect the general health, safety, and welfare of its residents by providing standards that balance the need to preserve the health safety and general welfare of residential neighborhoods with the rights of private property owners. Section 3. Definitions. A. Ultralight vehicle is a recreational aircraft defined by Title Fourteen of the Federal Code of Regulations. B. Private airfield is any property within the city that is used, or intended to be used, for the landing and takeoff of aircraft or ultralights, and includes its buildings and facilities, if any. C. Aircraft operator is any person involved in flight or ultralight activity from a private airfield in the city. Section 4. Licensina Requirements " A. Private Airfield. It shall be unlawful for any person to directly or indirectly operate a private airfield within the City of Andover without obtaining an administrative permit as defined by this ordinance. A person who operates a private airfield without a valid permit issued by the City of Andover shall be guilty of a misdemeanor offense. Section 5. Pre-apDlication Reauirements. The following must be completed before the city will accept an application for an administrative permit: A. The Applicant shall hold a neighborhood meeting after notifying the city and residents within 500 feet of the property B. The Applicant shall work with the Minnesota Department of Transportation Division of Aeronautics and/or the Federal Aviation Administration to complete an operations plan that, at a minimum, includes the following information; 1. A site plan drawn to scale indicating the location of property lines, landing strip and structures 2. An Approach/Departure Route Plan illustrating aircraft traffic routes that conform to FAA standards 3. A letter from the Minnesota Department of Transportation Division of Aeronautics and/or the Federal Aviation Administration summarizing their review and recommendations. 4. An informational handout describing the requirements and limitations of the site. The handout shall include a map indicating congested areas as defined by the FAA. 5. All aircraft or ultralight operators shall demonstrate to the City, upon request, that the aircraft or ultralight operator has in effect a liability insurance policy in the minimum amounts required by Minnesota Statute 360.59, Subd. 10. " C. The Andover Review Committee may require modifications to the operations plan based on the review criteria of this ordinance. Section 6. Private Airfield ApDlication Submittal Requirements A. All requirements of Ordinance 8 Section 5.03 B. The following additional materials are required to be submitted: 1. An operations plan as described by this ordinance 2. A letter from the applicant describing the proposed use of the property Section 7. General Requirements - A. The city shall review the proposed site to determine whether the site is appropriate for this type of activity. The City may determine that the site is not appropriate for this type of use. Review criteria include but are not limited to; 1. The size of the site 2. The land uses that surround the site 3. The potential impact on adjacent properties 4. Information presented by the public 5. The Comprehensive Plan B. Private airfields shall be used for recreation purposes only and shall not be operated as a commercial business. C. The informational handout shall be distributed to anyone who intends to use the site under the conditions of the administrative permit and this ordinance. D. The city may require additional landscaping or screening to screen and buffer incompatible off-site impacts of the proposed use on adjacent property and the surrounding neighborhood. E. The Andover Review Committee may impose conditions to the approval of a Special Use Permit. " F. Holders of an administrative permit may propose amendments to the approved permit at any time, subject to the procedures of Ordinance 8 Section 5.03. No significant changes in the circumstances or scope of the use may be undertaken without the approval of those amendments by the Andover Review Committee. Significant changes include, but are not limited to, hours of operation, number of aircraft, expansion of landing and take off area, and other operation modifications resulting in increased activities and traffic, and the like. The City Administrator or duly appointed designee must determine what constitutes significant change. The Andover Review Committee may approve significant changes and modifications to an administrative permit, including the application of new or revised conditions. G. Upon request by the City Administrator or duly appointed designee, the holder of a administrative permit shall be required to certify that the use, building;-and site are in conformance with the administrative permit and city codes. H. If the holder of the permit fails to comply with any of the terms imposed by the administrative permit, the city may impose penalties or discipline for noncompliance, which may include revocation of the permit. I. Upon action by the Andover Review Committee, any administrative permit for any Airfield within the City of Andover may be reviewed, amended, or revoked. Adopted by the City Council of the City of Andover on this 5th day of February, 2002. CITY OF ANDOVER ~~---4'" Ichael R. Gamache, Mayor ATTEST: ~(/~ Vicki Volk, City Clerk "