KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING - 10/24/2000

CODE HOME RULE EMERGENCY BILL NO. 4-2000

ZONING TEXT AMENDMENT

A Public Hearing was held on Tuesday, October 24, 2000, at 7:00 p.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland on Code Home Rule Emergency Bill No. 4-2000 which is an Act to amend the Kent County Zoning Ordinance by adding new provisions 1.6D to Section 1, Agricultural Zoning District; 3.6 D to Section 3, Rural Residential District; 5.6 G to Section 5, Village District; 10.4.10 to Section 10.4, General Requirements for Industrial Districts of Section 10 Industrial Districts; 11.12 to Section 11, Affordable Housing Districts, all of Article V, District Regulations, and new provisions 3.2.4, Modification of Height Regulations of Section 3, Supplementary Height and Bulk Regulation of Article VI, Special Provisions, which provisions apply to properties located within the Kent County Airport Safety Zone as designated on the Kent County Airport Safety Zone Map, which map is incorporated into and made a part of this Ordinance, to better promote public safety by prohibiting, to the extent possible, the creation of obstructions that are hazardous to the landing and take-off of airplanes.

County Commissioners Ronald H. Fithian, Larry B. Beck, and W. Michael Newnam were in attendance as well as Ernest S. Cookerly, County Attorney, Ed Robinson, County Administrator, Gail Owings, Director of Planning and Zoning Administration, Jim Wright, County Engineer, and three members of the general public.

Notice of the public hearing was read into the record by Commissioner Newnam.

Commissioner Fithian read into the record letter dated October 18 received from the Kent County Planning Commission advising at its October 5 meeting, the proposed zoning text amendment was reviewed and approved by unanimous vote. The purposes of the amendment are to preserve the utility of the Kent County Airport and the public investment therein by restrictions on height of structures and natural growth, and other hazards or obstructions. The Kent County Airport Safety Zone Map was incorporated into and made a part of the Ordinance for the purpose to promote the public safety of the residents and visitors of Kent County by prohibiting to the extent possible, the creation or establishment of obstructions that are hazards to air navigation as follows:

1) No new ponds shall be constructed within 5000 feet of the runway.

2) No new solid waste sites shall be permitted within 5000 feet of any publically licensed

airport. New solid waste disposal sites shall not be permitted within the limits of the airport safety zone if the FAA determines the site to be a hazard.

3) Developments which product lights, illumination, or other visual hazards or which produce electronic interference with airport/airplane navigation signals are subject to the standards specifies in the FAA procedure manual 7400-2C.

4) Except as otherwise provided in the Ordinance, no structure shall be erected, altered or maintained and no tree or other vegetation shall be allowed to grow in excess of the height limitations as designated on the Kent County Airport Safety Zone Map.

The Planning Commission found that the text amendment is entirely consistent with the Comprehensive Plan and does not affect the Chesapeake Bay Critical Area.

Mrs. Owings presented and identified pertinent areas on the Airport Safety Zone Map.

Questions were entertained from the audience.

Rex Kershaw of Rock Hall questioned who will be responsible for enforcement of this ordinance. Commissioner Fithian advised that the Planning Office will be the enforcing agency.

Jim Douglass of Kennedyville added that the FAA will also be an enforcing agency over and above county enforcement.

John Hoagland, Fairlee Road, Chestertown, questioned the schedule for the proposed airport project. The Commissioners responded that the State will soon begin negotiations on behalf of the County relating to land acquisition. The optimistic outlook would be two to three years for fruition of the project.

This hearing was taped for reference and adjourned at 7:15 p.m.