Common use of Height Restrictions Clause in Contracts

Height Restrictions. No structure or vegetation shall be located or extended such that the height of the structure or natural growth of the vegetation will encroach upon or rise above any of the imaginary surfaces of the airport. 1. Where there is a question as to whether either would penetrate an imaginary surface, the Director may require certification of ground elevations for the location of the proposed structure or landscape material. Such certification shall be determined by interpolation of the elevation contours, to the nearest foot, from elevation datum as deemed appropriate by a licensed surveyor. 2. An exception to the height restrictions may be granted subject to all of the following: a. Based on factual evidence, the Director determines that the object would be substantially shielded by existing permanent structures or terrain in such a manner that it clearly would not affect the safety of air navigation; b. The Federal Aviation Administration (FAA) has determined, pursuant to Federal Aviation Regulations (FAR) Part 77, that the proposed structure does not constitute a hazard to air navigation, or the structure is located within and consistent with a blanket study prepared by the FAA regarding the possible effects of potential construction upon the navigable airspace; and c. The California Department of Transportation Division of Aeronautics has issued a permit allowing construction of the proposed structure. 3. Any height exception granted by this Subsection may be conditioned to require the owner of the subject structure to install, operate, and maintain thereon such markers and lights as may be necessary to alert pilots to the presence of an airport obstacle.

Height Restrictions. No structure or vegetation shall be located or extended such that the height of the structure or natural growth of the vegetation will encroach upon or rise above any of the imaginary surfaces of the airport. 1. Where there is a question q uestion as to whether either would penetrate an imaginary surface, the Director may require certification of ground elevations for the location of the proposed structure or landscape material. Such certification shall be determined by interpolation of the elevation contours, to the nearest foot, from elevation datum as deemed appropriate by a licensed surveyor. 2. An exception to the height restrictions may be granted subject to all of the following: a. Based on factual evidence, the Director determines that the object would be substantially shielded by existing permanent structures or terrain in such a manner m anner that it clearly would not affect the safety of air navigation; b. The Federal Aviation Administration (FAA) has determined, pursuant to Federal Aviation Regulations (FAR) Part 77, that the proposed structure does not constitute a hazard to air navigation, or the structure is located within and consistent with a blanket study prepared by the FAA regarding the possible effects of potential construction upon the t he navigable airspace; and c. The California Department of Transportation Division of Aeronautics has issued a permit allowing construction of the proposed structure. 3. Any height exception granted by this Subsection may be conditioned to require the owner of the subject structure to install, operate, and maintain thereon such markers and lights as may be necessary to alert pilots to the presence of an airport obstacle.