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Minutes - 19820719
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Minutes - 19820719
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4/3/2017 3:52:29 PM
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BOCC
Date
7/19/1982
Meeting Type
Public Hearing
Document Type
Minutes
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Agenda - 07-19-1982
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\Board of County Commissioners\BOCC Agendas\1980's\1982
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Mr. Matthews: Said that his office did not modify requirements but would <br /> look at "where the obstructions take place." He said the FAA looked at trees <br /> (obstructions) in two different ways: 1) by definition, if something penetrated <br /> the approach zone, it is an obstruction, however, it may not be a hazard to air <br /> navigation; 2) the FAA would conduct a study to determine if the obstruction <br /> was hazardous to air navigation (the study would be conducted by the FAA General <br /> Aviation District Office out of Raleigh/Durham Airport). <br /> Ms. Crawford: Asked if the owner or developer would then be required to <br /> take appropriate action if an obstruction were determined to be hazardous. <br /> Mr. Matthews: Replied that with regard to a Federal Aid Airport the owner <br /> would have to either remove the obstruction or "displace the landing threshold." <br /> Mr. Irvin: Said that'in this particular instance Buck Mountain Development <br /> could not move the runway too much because they only controlled 800' on the North. <br /> He continued, asking Mr. Matthews how he would control the heights of trees beyond <br /> the 1200' clear zone which penetrated into that zone; Mr. Irvin added that Mr. <br /> Matthews' letter suggested that the owners of the contiguous property would be <br /> responsible for such removal of obstructions rather than requiring the developers <br /> to remove the obstructions. <br /> Mr. Matthews: Replied: <br /> The typical method by which the trees would be trimmed, and I will say this, <br /> I am not aware of any County in the State which has a zoning ordinance <br /> oriented toward a private airport. I would also say I am not aware of any <br /> County in the State that is proposing such a stringent private airport oi•d,- <br /> inance as Orange County is. Typically where a zoning ordinance exists, it <br /> gives the airport owner, the city or the county typically, the right, at <br /> its expense to remove or trim trees as it deems necessary. The landowner <br /> simply must allow the airport owner to trim the tree if that's appropriate, <br /> or if they decide that it would be best, to remove it completely. And he <br /> would bear no expense under that ordinance. <br /> Mr. Irvin: Said. that would be "virtually a seizure of land" and one could <br /> not use the land for forestry. He continued that the only use of the land would <br /> be to fell the trees and use it for agriculture (soybeans for example). <br /> Mr. Matthews: Responded that if the land owner felt that use of his land <br /> were !,;duly restricted, assuming the passage of such a zoning ordinance, that ll . <br /> it would be a matter for the courts to decide.11 He added that he was not <br /> aware of any airports located in areas of tree farming, most were located in <br /> i <br /> agricultural centers and the understanding he has is that most of the property <br /> in the area of the proposed Midway Airport is agricultural. He did agree that <br /> if a landowner were a tree farmer and wished to grow a tree 100' he might have a <br /> d . <br /> problem; but if he were growing a smaller tree, he may not have a problem. <br />
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