Reference no: EM132206226

Breakers Strand is a quiet and laid-back community located on one of the few undeveloped stretches of ocean beach remaining in the contiguous U.S. The town, governed by an elected town council with zoning authority, owns and operates a small general aviation airport that presently has little air traffic. Located a mile from the beach, an easy walk, the airport is home to about a dozen private aircraft, half of which are stored in the 6 existing T-hangars, the others tied-down outside. There is no fuel or other service available at the airport, no commercial activity whatsoever. The 2,300’ runway is oriented perpendicular to the shoreline because the prevailing winds flow from or toward the ocean, depending on the time of day and weather conditions.

All of that is about to change, because major real estate developers have recognized the area’s unique value and are making plans to rapidly exploit its potential for commercial and residential development on a large scale. Some local residents and landowners oppose the growth, preferring to retain the quiet small-town charm that drew them there, while other landowners (particularly the owners of large tracts historically used for agriculture, involving a great deal of work for modest financial reward) favor growth as representing desirable progress and a one-time opportunity to earn a fortune by selling their land to the developers.

That mile between the airport and the beach is privately-owned, largely undeveloped and one of the prime targets for the developers, who envision building high-rise condominiums, hotels and casinos along the beachfront, with a golf course-centered upscale gated residential community spreading out between the high-rises and the airport. Different interest groups favor either selling the airport to the developers or keeping, protecting, and expanding it to serve the growth.

Question: If the town council decides to keep the airport open and perhaps even expand it, identify all legal powers that are available to the town and how the town might best apply each to:

Prevent developers from building structures that would be tall enough to obstruct the airport’s approach and departure zones

Minimize and mitigate the impact of the noise of aircraft using the airport on the new developments.