Article 1. General Provisions  

7.101.   Designation of Activity of State Interest

The following activity of state interest is hereby designated: site selection and expansion of airports. No person may engage in development, including site selection, construction, expansion, relocation or other significant change in use of such activity wholly or partially within unincorporated El Paso County without first obtaining a permit pursuant to these Regulations.

7.102.   Purpose and Intent

(1)

The purpose and intent of these regulations is to facilitate the administration of airport location and expansion as defined herein, within unincorporated El Paso County, by establishing requirements which must be met before an airport site may be selected or expanded. These Regulations are intended to assist the County in balancing the value of airports as vital transportation infrastructure with the impacts on and needs of the surrounding community.

(2)

Airport site selection or expansion shall be accomplished in such a manner as to minimize dangers to public health and safety or to property.

(3)

Airports shall be located and expanded in a manner which will minimize disruption to existing communities, will minimize the impact on existing community or public services, as defined herein.

(4)

Airports shall be located and expanded in a manner which will complement the economic and transportation needs of the state and the area.

(5)

These Regulations are intended in part to protect the land areas around commercial service airports, public airports and reliever airports as defined by 43-10-113, C.R.S. and 14 CFR part 77.

7.103.   Definitions

For the purpose of this Chapter, the following definitions will apply:

(1)

Accident Potential Zone I (APZ-I) means an area 3000 feet wide extending 1500 feet either side of the extended centerline of the airport runway and 5000 feet long located beyond the end of the Runway Protection Zone.

(2)

Accident Potential Zone II (APZ-2) means an area 3000 feet wide extending 1500 feet either side of the extended centerline of the airport runway and extending 7000 feet beyond APZ-1.

(3)

Aircraft or Airplane means and includes all types of fixed-wing airplanes, including gliders. Powered lift (tilt-rotor) and helicopters are not included.

(4)

Airport means any municipal or county airport or airport under the jurisdiction of an airport authority. Airport also includes commercial, general aviation or reliever airports, and any area of land or water which is used or intended for the landing and takeoff of aircraft, any appurtenant areas which are used or intended for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities, all with respect to its use for airport purposes. Airport includes an airport expansion and the associated Airport Influence Area. Airport does not include a personal airstrip as defined and regulated by Chapter 1 (definitions) and Table 5-1 (principal uses) of the El Paso County Land Development Code.

(5)

Airport Influence Area includes: (1) for Commercial Airports (CA): the Airport Noise Subzone, the Aircraft Navigation Subzone, the Accident Potential Zones I and II, and the Runway Protection Zone, all as shown on the County-approved "Commercial Airport District Map," dated September 23, 2003, on file in the office of the Department of Development Services, as amended, and which is fully incorporated herein by this reference; (2) for all General Aviation Airports-Reliever (GA-R): the Runway Protection Zone and the conical surface, as shown on the FAA and/or County approved Airport Master Plan or Airport Layout Plan; and (3) for all General Aviation Airports (GA): the Runway Protection Zone and/or the conical surface shown on the Airport Master Plan or other zones comparable to the Airport Navigation Subzone, the Accident Potential Zones I and II, and the Runway Protection Zones used by Commercial Airports. The Airport Influence Area is included as a part of the designated activity and development thereof is controlled under these regulations because of natural or man-made physical features, relationships to airport access, effects of secondary impacts, or other special circumstances found by the Board of County Commissioners.

(6)

Airport Layout Plan (ALP) means a scaled drawing (or set of drawings), in either traditional or electronic form, of current and future airport facilities that provides a graphic representation of the existing and long-term development plan for the airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the airport to the satisfaction of the FAA.

(7)

Airport Master Plan means the plan which represents the airport's framework for long-term development, including, justification for future airport development, depicted on the Airport Layout Plan (ALP) as well as a schedule and financial plan for implementation of proposed development.

(8)

Aircraft Navigation Subzone (ANAV) means an area indicated at and above the ground as depicted on the Commercial Airport District Map or other maps adopted by the County for other airports. The ANAV Subzone will be based on the Airport's 14 CFR Part 77 civil airport imaginary surfaces.

(9)

Airport Noise Subzone (ADNL) means the area indicated by lines of increasing projected annual average noise exposure (DNL) from 65 DNL to 70 DNL, 70 DNL to 75 DNL, and 75 DNL to 80 DNL. The boundary of the ADNL reflects the 65 DNL line. The ADNL Subzone will be based on the most recent aircraft noise contours available from the Airport sponsor that were prepared based on FAA criteria.

(10)

Applicant means any person, including a municipality, special district or authority, or a state or federal entity, proposing to locate or expand an airport, in this jurisdiction and who applies for a permit under the provisions of this regulation.

(11)

Commercial Airport (CA) means a public airport that has at least 2,500 passenger boardings each year and receiving scheduled passenger service.

(12)

Community or public services means and includes, but is not limited to, County roads, trails, parks, open space, drainage structures and systems, water and wastewater systems, and mass transit facilities located in the unincorporated area of El Paso County.

(13)

General Aviation Airport (GA) means a public or private airport that does not have scheduled service or has scheduled service with less than 2,500 passenger boardings each year.

(14)

General Aviation Airport-Reliever (GA-R) means an airport designated by the FAA to relieve congestion at a Commercial Airport and to provide more general aviation access to the overall community.

(15)

Passenger boardings means to revenue passenger boardings on an aircraft in service in air commerce whether or not in scheduled service. Passenger boardings also includes passengers who continue on an aircraft in international flight that stops at an airport in any of the 50 states for a non-traffic purpose, such as refueling or for aircraft maintenance rather than passenger activity.

(16)

Runway Protection Zone (shown on some present mapping as "Clear Zone") means an area at ground level prior to the threshold or beyond the runway end to enhance safety and protection of people and property on the ground. (a) For the Colorado Springs Commercial Airport Overlay District, this extends 3000 beyond the existing landing threshold of the runway and is trapezoidal in shape, with the inner width being 1500 feet and the outer width being 2284 feet. (b) For General Aviation and General Aviation -Reliever airports, the Runway Protection Zone is determined using appropriate FAA references for the runway in question.

(17)

Site Selection means: (1) the process for determining the location of a new Commercial, General Aviation-Reliever or General Aviation airport or; (2) the expansion or relocation of an existing airport. Expansion of an existing airport also includes extension of runways and development or operational changes, and any development or operational change which allows, or is likely to lead to any of the following as located within unincorporated El Paso County:

(a)

Creation, alteration or expansion of the Airport Influence Area applicable to the airport in question;

(b)

Any significant increase in air or ground traffic that is likely to disrupt the environment, or cause an impact on community or public services; or

(c)

Construction or alteration of runway lighting or marking that is not otherwise depicted on a County-approved Airport Layout Plan or Airport Master Plan, to the extent such actions allow or are likely to allow (a) through (b) above, but not to include normal replacement of lighting or marking to conform to FAA requirements.

Site selection does not include expansion or development of an airport to accommodate increased, changed or expanded use of any airport by the U.S. Department of Defense.

7.104.   Applicability

These Regulations shall apply only to the site selection and expansion of airports as defined at Section 7.102.