HB 5392 — AN ACT CONCERNING AIRPORTS.

General Assembly   RaisedSubstitute Bill No.

5392 February Session, 2018   LCO*_____HB05392TRA___032318____* No.AN ACT CONCERNING AIRPORTS.

1897   *01897_______TRA* Referred to Committee on TRANSPORTATION   Introduced by:

  (TRA)   AN ACT CONCERNING AIRPORTS.

As used in this section, sections 15-88[15-88] 15-89 to 15-97, inclusive, and section 2 of this act, unless the context otherwise requires:

and (3) has accessory facilities on which an antenna, sensor, camera, meteorological instrument or other equipment is mounted for the purpose of documenting whether a site has sufficient wind resources for the operation of a wind turbine generator.generator, but does not include a structure that is located adjacent to a building, including a barn, an electric utility substation or in the curtilage of a residence.

For the purposes of sections 15-88 to 15-97, inclusive, "meteorological evaluation tower" does not include a structure that is located adjacent to a building, including a barn, an electric utility substation or in the curtilage of a residence.

Section(NEW) 15-93(Effective ofOctober the1, general2018) statutes(a) isA repealedmeteorological andevaluation thetower followingthat is substitutedat inleast lieufifty thereoffeet (Effectivebut Octobernot 1,more 2018):than two hundred feet in height above ground level:

(a) Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to section 15-91, a system may be established for granting permits to establish or construct new structures and other uses.

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit shall be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair.

No permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted;

and whenever the administrative agency determines that a nonconforming structure or tree has been abandoned or more than eighty per cent torn down, destroyed, deteriorated or decayed:

(1) No permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations, but a permit shall be issued as of right if the structure as erected or altered is in conformance with the regulations or will not constitute a greater hazard than the structure that is replaced or altered;

and (2) whether application is made for a permit under this section or not, such agency may by appropriate action compel the owner of the nonconforming structure or tree to lower, remove, reconstruct or equip such object as may be necessary to conform to the regulations.

Except as indicated, all applications for permits for replacement, change or repair of nonconforming uses shall be granted.

(b) Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property, in violation of airport zoning regulations adopted under section 15-91, may apply to the board of appeals, as provided herein, for a variance from the zoning regulations in question.

Such variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations.

(c) In granting any permit or variance under this section the administrative agency or board of appeals may, if it deems such action advisable to effectuate the purposes of sections 15-88 to 15-97, inclusive, as amended by this act, and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the municipality, at its own expense, to install, operate and maintain suitable obstruction markers and obstruction lights thereon.

(d) A meteorological evaluation tower that is at least fifty feet but not more than two hundred feet in height above ground level:

(e)(b) (1) A person who violates subsection (d)(a) of this section shall be guilty of a class C misdemeanor.

(2) A violation of subsection (d)(a) of this section that causes the death or bodily injury of another person shall be a class A misdemeanor.

Sec.

3.

(Effective from passage) The Tweed-New Haven Airport Authority shall study the economic impact of a runway improvement plan.

Not later than January 1, 2019, the authority shall submit a report of the results of such study to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes.

2 October 1, 2018 15-93New Statementsection ofSec. Purpose:

To3 implementfrom requirementspassage forNew meteorologicalsection towerStatement markings.of Legislative Commissioners:

[ProposedIn deletionsSection are1, enclosedthe inintroductory brackets.language and the definition of "Meteorological evaluation tower" were rewritten for accuracy and clarity.

ProposedTRA additionsJoint areFavorable indicatedSubst. by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]