§ 13-1-173. APPLICATION DEADLINES, CONDITIONS, AUTHORITY, APPEALS, AND CALCULATION OF DEADLINES.

(A)

An administratively complete application must be filed with the department:

(1)

30 days in advance of the requested effective date for a category I;

(2)

Six months before the requested effective date for a category II.

(B)

The following are not considered part of the application but rather are conditions to the issuance of a heli-facility permit after approval of an application ("conditions"):

(1)

For a category I and a category II, submission to the director by the applicant of a signed inspection from the Austin Fire Department for compliance with International Fire Code and National Fire Protection Association standards;

(2)

For a category II and a category III, submission to the director by the applicant of a FAA letter of no objection to the planned approach and departure paths for the proposed heli-facility;

(3)

For a category III, receipt by the applicant of a conditional use permit as required by Section 25-2-861 ( Facilities for Helicopters and Other Nonfixed Wing Aircraft ) of the code;

(4)

For a category III, submission to the director by the applicant of a FAA letter of airspace determination; and

(5)

For a category I and a category II, the transponder code as assigned by FAA at time of flight for each helicopter using the heli-facility.

(C)

In order to expedite the application process, the director shall not wait for any condition to be satisfied to determine that the application is administratively complete and to commence review of, or to issue a decision either approving or denying, an application.

(D)

The director may issue a heli-facility permit upon his determination that:

(1)

The application has been approved:

(a)

and no timely notice of appeal has been filed for category II or category III; or

(b)

the city manager, or city council, as applicable, has rendered a decision overruling an appeal of the director's determination; and

(2)

All conditions have been met.

(E)

The director may adopt rules, consistent with applicable law and this article, relating to the operation of a heli-facility.

(F)

For purposes of Section 2-5-62 of the code:

(1)

An applicant shall have standing to appeal the director's determination of an application, or to respond to an appeal of the director's determination, of an application.

(2)

Any resident, tenant, owner, user, or operator of a noise sensitive area or environmentally sensitive area has standing to appeal the director's determination of a category II or category III application if the appellant alleges the proposed operations would:

(a)

expose the noise sensitive area to incompatible noise; or

(b)

pose a material threat to life, health, or property at the noise sensitive area; or

(c)

pose a material threat to the environmentally sensitive area.

(G)

A person with standing may appeal the director's decision by filing with the director, no later than fourteen (14) days after the date of the director's decision, a "notice of appeal", which shall include:

(1)

the name, address, and telephone number of the appellant;

(2)

the name of the applicant, if the appellant is not the applicant;

(3)

the decision being appealed;

(4)

the date of the decision;

(5)

a statement of the basis of the appellant's standing; and

(6)

the reasons the appellant believes the director's decision on the application does not comply with the requirements of this article.

(H)

A person with standing may respond to an appeal by filing with the director, no later than fourteen (14) days after the date on which the notice of appeal was filed, a "response to appeal", which shall include:

(1)

the name, address, and telephone number of the respondent;

(2)

identification of the appeal to which the response to appeal relates;

(3)

a statement of the basis of the respondent's standing; and

(4)

the reasons the respondent believes the director's decision on the application complies with the requirements of this article.

(I)

Within three business days of receipt of a notice of appeal or a response to an appeal relating to a category II application, the director shall deliver the notice of appeal or a response to an appeal to the city manager who shall decide the appeal.

(1)

The city manager shall have 45 days from the date of the director's decision to decide an appeal relating to a category II application.

(2)

The city manager's decision shall be in the form of a written opinion stating the findings of fact, provisions of applicable law, and provisions of this article on which the city manager's ruling on the appeal is based.

(J)

The department shall post online every notice of appeal and response to a category II appeal within three business days filing, every decision on an appeal within one day of issuance, and every heli-facility permit within one day of issuance, and shall keep them posted online until such time as they are no longer relevant;

(K)

For purposes of determining the deadline for taking action within a period of a specified number of days as required by this article:

(1)

the day of the event that triggers the deadline shall not be counted;

(2)

any day falling on a weekend or city holiday shall be counted unless the weekend or city holiday is the last day of the period; and

(3)

[reserved]

(4)

the deadline shall be 5 P.M. (Central Time) on the last day of the period as determined in the manner in this section.

Source: Ord. 040729-16; Ord. 20130620-089.