A property owner requesting an amendment of Aviation Policy Area regulations for the owner's property shall file a Detailed Site Plan application with the Planning Board.

The application shall also include:

1. (1)
   Proposed restrictions on building height and location on the subject property;
2. (2)
   A statement how current APA regulations affect the subject property and how the proposed amendment meets the purposes of the APA; and
3. (3)
   A statement why the proposed amendment is necessary, because of practical difficulties on the property, the characteristics of the particular airport or its flight patterns, the substantial difference between uses or densities allowed on the property with and without the amendment, or otherwise.

The District Council may act on an application to amend Aviation Policy Area regulations for an individual property by approving it, in whole or in part, with or without conditions; by approving regulations or a site plan different from that proposed in the application; by denying it; or by referring it to the Zoning Hearing Examiner for review of specific issues.

If an application concerns property which is the subject of other requests before the Planning Board, Zoning Hearing Examiner, or District Council, it may not be heard by the Council while other applications are pending before the Examiner or the Board. In all cases, except as otherwise provided below, the Examiner shall hear the application under this Division if the property is the subject of an Examiner hearing for any other application.

The Examiner shall follow the procedures in this Section when reviewing an application referred by the District Council under this Division. The Examiner shall give priority in scheduling to all such cases.

1. (1)
   The Council's referral order shall state the issues the Examiner must review. The Technical Staff Report may be amended, if necessary, before the Examiner's hearing begins, to address those issues and update the report in the file.
2. (2)
   The property shall be posted and notice shall otherwise be given in accordance with the procedures for conventional Zoning Map Amendments in PART 3, Division 2, Subdivision 1. The Examiner shall follow the same hearing procedures as those in map amendment cases.
3. (3)
   In the decision the Examiner shall address and make recommended findings on the issues in the referral order and the approval standards given below. After the Examiner's decision is filed with the Clerk of the Council, the case shall be placed on the District Council's agenda and decided under the same procedures as apply in map amendment cases.
4. (4)
   Any person who was not a party of record when the record closed prior to the referral order may become a party of record after the referral, until the close of the record by the Examiner. After the filing of the Examiner's decision, any party of record may file exceptions and request oral argument, under the same procedures as apply in map amendment cases.

The Council may not approve an application unless it finds:

1. (1)
   The owner's proposed use meets the purposes of the APA regulations, as stated in PART 10B, Division 1;
2. (2)
   The proposed use will not create more hazards to public safety than would uses permitted by existing regulations;
3. (3)
   The amendment is necessary because special conditions or circumstances on the subject property or the adjacent airport create practical difficulties for the owner in complying with current regulations or make some regulations unnecessary; and
4. (4)
   The Detailed Site Plan filed with the application may be approved under the design standards and requirements in PART 3, Division 9.

The owner and Council shall follow the procedures (but not the standards) for conditional Zoning Map Amendment approval in PART 3, Division 2, Subdivision 1, whenever an application is approved with conditions.

After Aviation Policy Area regulations are amended for an individual property, the approved site plan may be revised under the Detailed Site Plan procedures in PART 3, Division 9.

The Planning Board may not approve a revision of a site plan unless the revised plan meets all APA regulations, as amended for the property. Further amendment of the regulations may be approved only after full review under the procedures in this Division.

Aviation Policy Areas (APAs) are intended to establish a standard of safety and compatibility for the occupants of land in the immediate vicinity of airports with traffic patterns over land in Prince George's County. These standards benefit existing airport-area residents, future residents, nearby businesses, pilots, and airport operators.

The Aviation Policy Area regulations identify permitted, prohibited, and site plan approval uses for each of six defined APAs adjacent to each airport. They also set development standards and guidelines that supplement or supercede other Zoning Ordinance regulations, as long as the airport is active and licensed for public use by the Maryland Aviation Administration (MAA).

The purposes of the Aviation Policy Areas are to provide special regulations for the development of land which may be affected by operations at airports in order to:

1. (1)
   Encourage compatible land use around airports;
2. (2)
   Mitigate nuisances and hazards associated with airport operations;
3. (3)
   Protect people and structures in critical areas surrounding airports;
4. (4)
   Ensure the protection of airspace around airports, in accordance with Federal

   Aviation Regulations (FAR) Part 77, Surfaces;

5. (5)
   Allow owners around airports reasonable use of their property; and
6. (6)
   Provide property owners with flexibility in meeting applicable regulations.

The applicable Aviation Policy Area dimensions correspond to the category of the airport, small or medium, under these criteria:

1. (1)
   Small airports have all of the following:

   1. (A)
      Ownership by a County or State public agency;
   2. (B)
      Runway length under two thousand, six hundred fifty (2,650) feet;
   3. (C)
      No flight training schools; and
   4. (D)
      No aircraft based there weighing more than eight thousand, five hundred (8,500) pounds.
2. (2)
   Medium airports have one or more of the following:

   1. (A)
      Runway length over two thousand, six hundred fifty (2,650) feet, up to four thousand (4,000) feet;
   2. (B)
      One or more flight training schools; or
   3. (C)
      Aircraft based there weighing up to twelve thousand, five hundred (12,500) pounds.

Large airports, with runways exceeding four thousand (4,000) feet or aircraft based there weighing more than twelve thousand, five hundred (12,500) pounds, are not permitted.

The following Aviation Policy Area dimensions are uniform for all airport categories:

1. (1)
   APA-1, the Runway Protection Zone, is a trapezoid centered on the runway centerline that starts two hundred (200) feet from the runway on a line extending one hundred twenty-five (125) feet on either side of the centerline and extends one thousand (1,000) feet farther out along the centerline. At its farthest point from the runway, it extends two hundred twenty-five (225) feet on either side of the centerline. Each APA-1 comprises eight (8) acres. Each runway has two APA-1s, one at each end of the runway, for a total of sixteen (16) acres at each airport.
2. (2)
   APA-2, the Inner Safety Area, is defined as a rectangle centered on the runway centerline. It abuts APA-1, extending one thousand, five hundred (1,500) feet farther out along the runway centerline. It extends two hundred twenty-five (225) feet on either side of the centerline. Each APA-2 comprises sixteen (16) acres. Each runway has two APA-2s, one at each end of the runway, for a total of thirty-two (32) acres at each airport.
3. (3)
   APA-4, the Outer Safety Area, is defined as a rectangular area abutting APA-2, centered on and parallel to the extended runway centerline, extending two thousand, five hundred (2,500) feet in length and two hundred twenty-five (225) feet in width on either side of the centerline. Each APA-4 comprises twenty-six (26) acres. Each runway has two APA-4s, one at each end of the runway, for a total of approximately fifty-two (52) acres at each airport.
4. (4)
   APA-5, the Sideline Safety Area, is defined by two lines on either side of, parallel to, and five hundred (500) feet from the runway centerline, between the APA-3 areas at each end of the runway. Due to varying runway lengths, the acreage of each APA-5 differs at each airport, ranging from seventy-three (73) to ninety (90) acres.
5. (5)
   APA-6, the Traffic Pattern Area, is an oblong area with rounded ends, extending five thousand (5,000) feet from each point along the centerline of the airport runway. The APA-1 through APA-5 areas are excluded from the area for APA-6.

The following Aviation Policy Area dimensions apply to small airports:

APA-3S, the Small Airport Inner Turning Area, is located on each side of APA-2 within the area defined by the extension of the APA-5 Sideline Safety Area boundary (five hundred (500) feet on either side of the runway centerline) to a distance of two thousand, seven hundred (2,700) feet beyond the end of the runway. Each APA-3S area comprises approximately seventeen (17) acres.

The following Aviation Policy Area dimensions apply to medium airports:

APA-3M, the Medium Airport Inner Turning Area, is a pie-shaped section exclusive of APA-1 and APA-2. A ninety-degree (90°) angle forms its boundary closest to each runway end. It extends outward at forty-five degrees (45°) on each side of the extended runway centerline for two thousand, five hundred (2,500) feet. Each APA-3M comprises approximately ninety (90) acres, for a total of approximately one hundred eighty (180) acres at each airport. The dimensions and total acreage for APA-3 at Freeway Airport are different due to permanent restrictions on the airport traffic pattern caused by the PEPCO 500 kv electric transmission lines west of the airport.

Figures 72 through 76 at the end of this Subtitle illustrate the Aviation Policy Areas for each airport.

Prior to issuance of a building permit in APA-1, APA-2, APA-3S, APA-3M, or APA-5, all new development and all existing development with a proposed increase in floor area greater than one thousand (1,000) square feet shall be reviewed for compliance with APA regulations under Detailed Site Plan procedures in PART 3, Division 9.

Compliance with APA regulations may be determined by the Planning Board or the District Council concurrently with any other procedure required by Subtitle 24 or this Subtitle (e.g., Zoning Map Amendment, Special Exception, Detailed Site Plan). In those cases where compliance has been determined by findings of the Planning Board or District Council in a resolution or ordinance of approval, further review by a Detailed Site Plan procedure shall not be required prior to issuance of a building permit, unless otherwise required by the approving authority.

For an individual property, APA regulations are the same as in the property's underlying zone, except as stated in this Subdivision.

Density

1. (1)
   In APA-1: No new residential structures are permitted.
2. (2)
   In APA-2 and APA-5: No new residential structures are permitted, except that one may be located on each lot recorded before September 1, 2002. Where a plat recorded prior to March 1, 2001, includes a condition requiring disclosure of a nearby airport, permits may be issued without Detailed Site Plan review. Yards for structures located outside APA-2 and APA-5 are permitted.
3. (3)
   In APA-3S and APA-3M: 0.2 dwelling units per acre are permitted. If clustered in accordance with APA mitigation subdivision techniques, 0.5 dwelling units per acre are permitted. One unit may be located on each lot recorded before September 1, 2002. Where a plat recorded prior to March 1, 2001, includes a condition requiring disclosure of a nearby airport, permits may be issued without Detailed Site Plan review.
4. (4)
   In APA-4 and APA-6, development densities and intensities are the same as in the underlying zone.

Building Orientation and Massing

1. (1)
   In APA-1 (where allowed), APA-2 (where allowed), APA-3S, APA-3M, and APA-5, all structures except those used for airport operations shall be located as far from the runway centerline as possible, after compliance with applicable yard and setback requirements.
2. (2)
   In APA-2, APA-3S, APA-3M, and APA-5, development on a lot shall not exceed a floor area ratio (FAR) of 0.25.
3. (3)
   Land in any APA may be used as part of a lot or to satisfy open space requirements for cluster, lot size averaging, or APA mitigation subdivision development, for any property located in more than one APA.
4. (4)
   In APA-1, APA-2, APA-3S, APA-3M, or APA-5, land area subject to residential development restrictions should be a preferred sending area, under applicable transfer of development rights regulations.

Use Restrictions

1. (1)
   In APA-1, APA-2, APA-3S, APA-3M, and APA-5, assisted living and day care facilities, hospitals, nursing and care homes, and public and private schools are prohibited.
2. (2)
   Storage above ground of flammable materials or other hazardous substances is prohibited in APA-1 and APA-2.
3. (3)
   In all APAs, uses of land should, to the greatest extent possible, not:

   1. (A)
      Cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft;
   2. (B)
      Emit fly ash, dust, vapor, gases, or particulate matter that may conflict with operation of the airport;
   3. (C)
      Foster a substantial increase in bird population;
   4. (D)
      Make it difficult for pilots to distinguish between airport lights and other lights, or impair pilot or ground operator visibility in the vicinity of an airport; or
   5. (E)
      Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Exceptions

1. (1)
   Land uses and structures in existence on September 1, 2002, are not required to be modified to meet APA regulations, and no such use or structure shall be deemed nonconforming. But after that date, no use or structure may be changed to increase substantially its nonconformance with the regulations. All such changes of use or structure after that date shall meet all APA regulations, as approved or as amended under procedures in Division 2.

Existing restrictions on aircraft operations at individual airports, and the ability to impose and enforce new restrictions on the operation of aircraft, may be taken into account by the Planning Board and District Council during review of development applications in any areas subject to APA regulations.

For property in APA-1, APA-2, APA-3S, APA-3M, or APA-5, an application for approval of a permit, site plan, preliminary plat, Special Exception, or Zoning Map Amendment shall include the following:

1. (1)
   A clearly delineated site plan showing the location of the project in relation to the Runway Protection Zone (APA-1), the Inner Safety Area (APA-2), the Inner Turning Area (APA-3S and APA-3M), and the Sideline Safety Area (APA-5); and
2. (2)
   The location and height of all proposed buildings, structures, and natural vegetation as measured from the closest runway end, when located within the Runway Protection Zone (APA-1), Inner Safety Area (APA-2), Inner Turning Area (APA-3S or APA-3M), or Sideline Safety Area (APA-5).

In APA-4, APA-5, or APA-6, every application shall demonstrate compliance with height restrictions in this Subdivision.

Residential property affected by APA building or density restrictions shall be allowed to subdivide or resubdivide so that potential lots affected by APA building restrictions are relocated to other parts of the property or to other property in an APA. An APA mitigation subdivision need not lie adjacent to or within the same APA as the affected property.

1. (1)
   Yield: The maximum allowed number of residential lots shall be determined by submission of a conceptual subdivision plan that could be approved under existing zoning if the property were not located in an APA. In this determination, the availability of public sewer or septic sites, floodplains, steep slopes, road grades and requirements, woodland conservation, stormwater management, park dedication, and all other regulations that affect development density shall be considered. The conceptual plan may be submitted as a pre-preliminary plan or as part of a preliminary plat of subdivision.
2. (2)
   Design: To the greatest extent possible, the APA mitigation subdivision shall be designed to accommodate the maximum development yield determined in the conceptual subdivision plan, for compliance with appropriate APA restrictions and consistency with the character of the district in which the property is located, as established by the Master Plan or the purposes of the existing zoning category. The preliminary subdivision plat and the site plan shall establish the development regulations for each site, including without limitation lot dimensions, lot coverage, and yard and setback requirements. Only single-family detached dwellings are permitted in an airport mitigation subdivision in single-family residential zones.
3. (3)
   Exceptions: Residentially zoned property owned by the airport in APA-1 or APA-5 shall be considered as an essential part of the airport operation and shall not qualify for any transfer of residential density by an APA mitigation subdivision, lot size averaging subdivision, or cluster subdivision, whichever may apply.
4. (4)
   Resubdivisions: If resubdivided solely to meet APA purposes or requirements, preliminary and final plats approved by September 1, 2002, are exempt, at the time of resubdivision, from adequate public facilities requirements.

In the M-X-C Zone, a revision to a Preliminary Development Plan, Comprehensive Sketch Plan, or Final Development Plan requested solely to meet APA purposes or requirements may be approved by the Planning Board, subject to appeal to the District Council. Any appeal of such an approval is limited to the issue of compliance with APA purposes or requirements.

The objective of open area guidelines around airports is to provide strategically located areas under flight paths, to permit a successful emergency landing without hitting an occupied structure and to allow aircraft occupants to survive the landing without serious injury. Open area in Aviation Policy Areas generally refers to stormwater management ponds, field crops, golf courses, pasture lands, streets or parking lots, recreational facilities such as ball parks, or yards, if the area is relatively level and free of objects such as overhead lines and large trees and poles. Because a pilot's discretion in selecting an emergency landing site is reduced when the aircraft is at low altitude, open areas should be one or more contiguous acres.

In each Aviation Policy Area, the following minimum open area percentages should be retained:

1. (1)
   APA-1, Runway Protection Zone: Maintain all undeveloped land in open space in accordance with FAA standards.
2. (2)
   APA-2, Inner Safety Area: fifty percent (50%) open area.
3. (3)
   APA-3S, APA-3M, Inner Turning Area: twenty percent (20%) open area.
4. (4)
   APA-4, Outer Safety Area: thirty percent (30%) open area.

Except as necessary and incidental to airport operations, no building, structure, or natural feature shall be constructed, altered, maintained, or allowed to grow so as to project or otherwise penetrate the airspace surfaces defined by Federal Aviation Regulations Part 77 or the Code of Maryland, COMAR 11.03.05, Obstructions to Air Navigation.

In APA-4 and APA-6, no building permit may be approved for a structure higher than fifty (50) feet unless the applicant demonstrates compliance with FAR Part 77.

In all APAs after September 1, 2002, the General Aviation Airport Environment Disclosure Notice, in a form approved by the Planning Board, shall be included as an addendum to the contract for sale of any residential property.

Every zoning, subdivision, and site plan application that requires approval by the Planning Board, Zoning Hearing Examiner, or District Council for a property located partially or completely within an Aviation Policy Area shall be subject to the following conditions:

1. (1)
   Developments with a homeowners' association: Prior to final plat approval, the Declaration of Covenants for the property, in conjunction with the formation of a homeowners' association, shall include language notifying all future contract purchasers of homes in the community of the existence of a general aviation airport within approximately one mile of the community. The Declaration of Covenants shall include the General Aviation Airport Environment Disclosure Notice. At the time of purchase contract with home buyers, the contract purchaser shall sign an acknowledgment of receipt of the Declaration. The liber and folio of the recorded Declaration of Covenants shall be noted on the final plat.
2. (2)
   Developments without a homeowners' association: A disclosure clause shall be placed on final plats and deeds for all properties that notifies prospective purchasers that the property has been identified as within approximately one mile of a general aviation airport. The disclosure clause shall include the cautionary language from the General Aviation Airport Environment Disclosure Notice.

An application to the Department of Permitting, Inspections, and Enforcement for a building or use and occupancy permit for a property located partially or completely within an APA shall, if submitted by or on behalf of a prospective or contract purchaser and not subject to approval under (b)(1) or (b)(2) above, be accompanied by a copy of the General Aviation Airport Environment Disclosure Notice signed by the purchaser.