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Legal Sufficiency of AICUZ Study
<br />A Fundamental question related rD ?dCUZ studies deals with irs
<br />legal sut'ficienc? to guide or influence total government planning
<br />and zoning decisions. Three cases come to point. In P.E. 3otrer.
<br />fac. v. ~trkins (869 F. 2d 1312, 13!4 (90- Cir. 1989)), the
<br />preparation of an AICUZ is a discretionary function giving rise
<br />to qualified immunity for governmental o~cials, in B&e v.
<br />65~iredSrares (2I Cl. Ct. 359 ([990)), it was decided that
<br />,~CUZ studies are advisory, only, and the AICUZ program does
<br />not authorize a caking of properv/, in the most recent case,
<br />£andowners v. Wic3ira Falls, Texas, and ;,Se DSdred &ares (No.
<br />9%1 i249 (5'h Cir. 2001)), the U.S. Supreme Court let stand a
<br />lower ~ederal appeals court decision involving a challenge to the
<br />application of the Wichita Falls Zoning Ordinance rD areas
<br />outside the corporate limits of the civ/. The lower court found
<br />that AICUZ studies are planning efforts that "do not control or
<br />regulate the use of private lands, and the determination to
<br />permit or restrict development or use o(privare land is le~ to .
<br />&¢ local jurisdiction" under irs consrirurionai police powers.
<br />(U.S. Department of Justice. Federal Appellees Bt/el before the
<br />U.S. Court of Appeals for the Fifth Circuit, prepared by John A.
<br />BO'son and John T Srahr, Attorneys for the Department of
<br />Justice Environmental and Natural Resources Divisions (Case
<br />No. 99-~1249)).
<br />
<br />CZ is situated at either end ora runway and measures 3,000
<br />by' 3,000 feet in area. Within this CZ, there should be no above-
<br />ground structures of any kind, and land-use activity should be
<br />severely limited to agriculture (except livestock), ir is Defense
<br />Department policy that the clear zone be owned in fee or under
<br />[ease to the military co assure full and complete control over the
<br />use of the [and. lc is within the CZ char the potential for
<br />accidents is greatest (27.4 percent).
<br /> The next sub-zone extending our along the centerline of the
<br />runway is the APZ-I. Within the APZ-I suggested land uses are
<br />limited co manufacturing, transportation and communications,
<br />trade, automotive sales, services, and agriculture. Recommended
<br />densities of permitted activities are also suggested. Residential
<br />land uses of any type are not recommended, nor are places of
<br />assembly, schools, hospitals, child and adult care, and the like.
<br />Air Force accident data between 1968 and 1995 indicated that
<br />10. i percent of aircraft accidents (85) occurred in this zone. The
<br />APZ-I is a rectangle 5,000 feet long by 3,000 feet wide.
<br /> The APE-II is doe Farthest accident potential zone away from
<br />the end of the rumvay and is 7,000 £eer long by 3,000 leer wide.
<br />Recommended land uses and densities are less stringent than the
<br />previous zones. Residential is recommended, bur severely
<br />limited in terms of density to one to two units per acre.
<br />Multifamily, townhouse, and apartment dwellings are not
<br />
<br />AIR FORCE AIRCIL~kFT ACCIDENT DATA
<br />
<br />(838 Accidents ~ 1968-1995)
<br />
<br /> /\
<br /> Clear Zone APZ I APZ II
<br />Runway Z.30 Accidents 85 Accidents 't7 Accidents 3000'
<br />209 accidents z,'.4 ,o 10.1% 5.6%
<br />
<br /> U.S. A, rthcc~ Air i,ueallaaion C~m?at,ble U~¢ Zone tAICUZJ
<br />
<br />Other Accidents within 10 Nautical Miles
<br />267 Accidents ~ 31.9%
<br />
<br /> Accident porenrial zones. The ~r Force completed a study of
<br />Air Force accidents that occurred bet-aeon 1968 and 1995
<br />within 10 nautical miles of airfields. The study considered 838
<br />accidents and revealed that 68 percent of aircraft accidents (571)
<br />occurred on or adjacent co the runway in a corridor 3,000 feet
<br />wide, extending our from the runway threshold along the
<br />extended runway centertine for a distance of 15,000 feet. (U.S.
<br />,Mr Force. Air [nstallation Compatible Use Zone (,q_[CUZ)
<br />Resource Book for MacDiilAflB, Fiorida. April 1998, page C-4.)
<br /> Eased on this type of accident data, three accident potential
<br />zones were identified: the Clear Zone (CZ); Accident Potential
<br />Zone [ (APZ£[), and Accident Potential Zone ii (APZ-II). The
<br />
<br />fione~ ~[. Davis, Associate Di','ecror with ;he Q,~fic~ of E~'onomic
<br />.4ariusr;nenr i~ &e Deparm~ent gt'Dqbme, has wrzgen the arricie
<br />m r/ds roue of Zoning News in his capacity as an employee
<br />/balers{government. ~,Se arrw[e is parr fi'she ?bile domain and
<br />,wai&b3 w 3e pub[ic :q~e ,?'c3a~e. ,-tE4 has 3eon granted
<br />permz)sion w .;'eprtnr 3e article, wt3 :;)e spec~h'c ;'eqttiremenr
<br />
<br />considered compatible in A!oZ-II. Neither are hospitals, nursing
<br />homes, educational services, or retail trade--eating and drinking
<br />establishments. The reported accidents studied by the Air Force
<br />between 1968 and. 1995 indicase 5.6 percent of aircraft
<br />accidents (47) occurred in this zone.
<br /> Noise zones. The AiCUZ program also identifies noise levels
<br />using day-night sound level (DNL) mapped by contour lines.
<br />Three noise zones (NZ) are identified: NZ-1, NZ-2, and NZ-3
<br />along with suggested compatible {and usage. Tolerance [evets for
<br />land-use activity were established by the FICUN in 1980.
<br /> NZ-[ includes all areas around a noise source in which the
<br />DNL is less than 65 decibels (dB). This area is usually suitable
<br />for all ~pes of' land-use activity.
<br /> NZ~2 consists of an area where ~e DNL is between 65 and 70
<br />dB. Within this area, exposure to noise is considered significant and
<br />use of land normally should be limited to industrial, manufactur-
<br />ing, and transportation and resource production. However, with
<br />uoise-leve[ reduction that can achieve indoor sound-level reduction
<br />of 30 dB, residential uses ~votdd be permissible.
<br /> NZ-3 consists ,of' areas around a source ot noise tn which the
<br />DNL is greater than 70 dBA. It is considered so severe chat
<br />noise-sensitive land uses should not be considered.
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