Tweed New Haven Regional Airport

ORDINANCE OF THE NEW HAVEN BOARD OF ALDERMEN
ESTABLISHING NOISE AND SAFETY STANDARDS
FOR AIRCRAFT OPERATIONS AT TWEED-NEW HAVEN AIRPORT

WHEREAS, the City has adopted a Master Plan for Tweed-New Haven Airport (hereinafter the "Airport"); and

WHEREAS, the Master Plan contemplates the introduction of changes in aviation technology at the Airport, including the use of larger turbo-prop and turbo-fan aircraft with increased fuel efficiency and reduced noise impact; and

WHEREAS, as owner/operator of the Airport, the City wishes to enhance the quality of life in the vicinity of the Airport to the maximum extent feasible without creating undue interference with interstate commerce or discriminatory effects on current Airport users; and

WHEREAS, the City also wishes to protect the continued safety of residents in the vicinity of the Airport; and

WHEREAS, the City has determined that adoption of noise control measures for the Airport would be useful and appropriate in implementing these objectives; and

WHEREAS, the City has retained a noise consultant, has held two (2) public hearings, and has received the consultant's report containing recommended Airport improvements, safety measures and noise standards; and

WHEREAS, the Mayor has designated an Airport Noise Committee which has reviewed the recommended noise standards and has presented its recommendations to the Board of Airport Commissioners; and

WHEREAS, the Board of Airport Commissioners has adopted on December 13, 1984, a Policy Statement recommending noise and safety-related capital improvements, certain safety measures, and a proposed noise standard for the Airport; and

WHEREAS, the Board of Aldermen has determined that adoption of the noise control ordinance set forth herein is within the City's authority as proprietor of the Airport and constitutes a reasonable rule and regulation for use of the Airport.

NOW, THEREFORE, BE IT ORDAINED that Chapter 4 of the Code of Ordinances is hereby amended by adding a new Article IV, entitled "Noise and Safety Standards" to read in its entirety as follows:

The goal for aircraft noise abatement shall be to reduce the area within the residential community which is exposed to aircraft noise in excess of Ldn 65, by implementing noise abatement actions that (a) do not shift the burden of noise from one part of the surrounding community to another, and (b) do not inappropriately curtail operation of the Airport.

a. "Advisory Circular" means the following publication by the U.S. Department of Transportation, Federal Aviation Administration: Advisory Circular, AC No. 36-3C, Appendix 1, dated 9-28-83, and future amendments to or replacements of such Advisory Circular. For aircraft based at Tweed-New Haven Airport, the applicable Advisory Circular shall be the Advisory Circular in effect as of the date such aircraft was based at the Airport.

c. "Day-Night Sound Level" (Ldn) means the twenty-four hour Equivalent Sound Level in decibels (~) from midnight to midnight, obtained after the addition of 10 ds to sound 1ev-els from 10:00 p.m. to 7:00 a.m.

d. "Equivalent Sound Level" means the level of a constant sound which, in a given situation and time period, has the same sound energy as does a time varying sound. Technically, equivalent sound level is the level of the time-weighted, mean square, A-weighted sound pressure. The time interval over which the measurement is taken should always be specified.

e. "Maximum A-weighted Sound Level" means the highest sound level of an event, as measured on a sound level meter using the A-weighting network. The level so read is designated ~(A) or DBA.

f. "Engine Run-Up" means any aircraft engine operation above an rpm setting required for forward movement of the aircraft at 5 m.p.h., or any aircraft engine operation above idle RPM for more than one (1) minute duration.

g. "Auxiliary Power Unit" (A.P.U.) means a generating device installed in an aircraft which provides electrical power for that aircraft while on the ground

h. "Ground Power Unit" (G.P.U.) means a mobile generating device to provide electrical power for an aircraft while on the ground.

No person shall take off or land an aircraft at the Airport if the "takeoff" noise level for that model of aircraft exceeds the following noise levels, as set forth in the Advisory Circular in the column entitled "EST DBA," for the following time periods:

Time Period	Maximum A-Weighted Sound Level
12:00 a.m. - 6:00 a.m.	68.0 dB(A)
6:00 a.m. - 7:00 a.m.	73.0 dB(A)
7:00 a.m. - 10:00 p.m.	78.0 dB(A)
10:00 p.m. - 12:00 p.m.	73.0 dB(A)

The following categories of aircraft shall be exempt from the provisions of Section 4-63:

a. Aircraft operated by the United States of America or the State of Connecticut, including law enforcement, emergency, fire or rescue aircraft operated by any county or city of said state.

b. Aircraft used for emergency purposes during an emergency which has been officially proclaimed by competent authority pursuant to the laws of the United States, said State or the City.

d. Aircraft engaged in landings or takeoffs while conducting tests under the direction of the Airport Manager in an attempt to rebut the presumption of aircraft noise volition pursuant to the provisions of Section 4-67.

e. Aircraft involved in a bona fide emergency which requires a landing and/or takeoff for the preservation of life or property.

a. If an airline flight scheduled to land by or at the end of the time period during which it is permitted to do so under Section 4-63 is delayed due to circumstances beyond the airline's control, such aircraft on such occasion shall be exempt from Section 4-63 50 long as such aircraft can land and take off again, if scheduled to do so, within one (1) hour from the end of such time period.

b. If an aircraft owner believes that he or she is aggrieved in that during certain time periods Section 4-63 operates in a manner to prevent an aircraft landing when such landing would otherwise be permitted based upon information contained in the Advisory Circular, said aircraft owner may appeal to the Airport Manager who may issue a waiver of Section 4-63 based upon written evidence presented to his satisfaction.

c. An aircraft which used the Airport during calendar year 1984 (the "Base Year") but which exceeds the noise limits of Section 4-63 may operate flights from the Airport only between the hours of 7:00 a.m. and 10:00 p.m. and only in accordance with the following schedule, based upon submission of written records to the Airport Manger substantiating the number of flights made by such aircraft at the Airport during the Base Year:

Calendar Year	Permissible Flights
1985	2/3 times number of substantiated Base Year flights, or 12, whichever is less.
1986	1/3 times number of substantiated Base Year flights, or 12, whichever is less.
1987 and following	-0-

d. Ah aircraft taxable by either the City of New Haven or the Town of East Haven which, as of January 21, 1985 was based at the Airport and complies with the noise limits of Section 4-63 between the hours of 7:00 a.m. until 10:00 p.m.may also operate flights from the Airport between the hours of 6:00 a.m. until 7:00 a.m.

For purposes of this ordinance, the pilot of an aircraft shall be deemed to be the beneficial owner or lessee thereof, and any violation of the provisions hereof shall be charged to said beneficial owner or lessee.

In the event that the Airport Manager determines to his reasonable satisfaction that the noise level indicated in the applicable Advisory Circular for the particular type or class of aircraft does not meet the noise levels set forth in Section 4-63, it shall be presumed that operation of such aircraft will result in violation of the provisions of Section 4-63, and said aircraft will not be permitted to land on, tie down on, be based at or take off from the Airport, except in emergencies as set forth in Section 4-64; provided, however, that the owner or operator of such aircraft shall be entitled to rebut such presumption to the reasonable satisfaction of the Airport Manager by furnishing written evidence to the contrary.

Any aircraft owner or lessee, or any member of the general public (including legal entities of any nature) may appeal an action of the Airport Manager under Sections 4-65 or 4-67, or a penalty imposed under any provision of this Ordinance, in writing within seven (7) calendar days of notice of such action, or imposition of such penalty, to the Board of Airport Commissioners. The Board of Airport Commissioners shall meet within seven (7) calendar days to review such appeal, and shall issue a ruling thereon within ten (10) calendar days thereafter. Rulings of the Board of Airport Commissioners hereunder are final and conclusive.

a. Engine run-ups shall be conducted only at locations designated for such purpose in duly adopted Airport rules and regulations.

b. Between the hours of 10:00 p.m. and 7:00 a.m., Engine Run-ups, use of G.P.U.'s, and use of A.P.U's are prohibited except for those essential to the operation of a scheduled flight.

c. At such time as the City has installed noise barriers around a designated engine run-up area, or after January 1, 1986 whichever occurs sooner, the following noise limits shall prevail, measured at the property line between the airport and any residential use:

No fixed wing aircraft with a maximum certificated gross takeoff weight greater then 160,000 pounds shall land at the airport other then a landing necessitated by an inflight emergency.

Any provisions of the code or regulations issued there under or any other ordinances of the city inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional the decision of any court of competent jurisdiction, such decision Shall not affect the validity of the remaining portions of the ordinance. The Board hereby declares that it would have passed this ordinance and each action, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

a. First violation -- Written warning by certified mail to aircraft owner or lessee.

b. Second violation -- Fine of the Maximum Dollar Amount permitted by City Charter imposed on aircraft owner or lessee.

c. Third and subsequent violation -- Impoundment of aircraft by the Airport manager for seven (7) calendar days and Fine of the Maximum Dollar Amount permitted by City Charter imposed on aircraft owner or lessee.