§ 24-04 Approval / Disapproval Procedures.
RCNY § 24-04
(a)The Department will notify the applicant that the application is either approved or disapproved. If the application is disapproved, the Department will notify the applicant of the basis of the disapproval and of the appeal process.
(b)Applications may be disapproved for any of the following reasons: (1) The application is not complete; (2) The Department has reason to believe that the application contains a material falsehood or misrepresentation; (3) The application proposes activities that would violate a federal, state, or local law, or rules or regulations promulgated thereunder; (4) A proposed operator or proposed alternate operator of the unmanned aircraft does not have the requisite authorization from the FAA to operate an unmanned aircraft pursuant to Part 107 of Title 14 of the C.F.R., including any certifications or waivers, or pursuant to an exemption authorized in accordance with Part 11 of Title 14 of the C.F.R.; (5) A proposed unmanned aircraft required by Part 107 of Title 14 of the C.F.R. to be registered with the FAA is not registered with the FAA; (6) Granting of the application could cause an unreasonable danger to the health or safety of the applicant, operator, or others, including members of the public, such as proximity to another take-off or landing site for which a permit has been issued pursuant to this chapter on the same date or at the same time proposed in the application, proximity to known areas of signal interference, or potential interference with necessary public services; (7) The applicant or a proposed operator of the unmanned aircraft has previously submitted an application for a permit to take off or land an unmanned aircraft that contained a material falsehood or misrepresentation, or has failed to comply with the terms and conditions of a permit previously issued pursuant to this chapter; or (8) The application proposes that a location be designated as a take-off or landing site for an unreasonable length of time not less than 24 hours.
(c)If an application is approved, the Department will provide the applicant with a permit, which will identify the designated take-off or landing site and provide any additional information relevant to such take-off or landing.
(d)If the application is disapproved, the applicant may appeal the disapproval by submitting a signed statement in a form and manner as prescribed on the Department’s website within thirty (30) days of issuance of the notification of disapproval. Such statement must set forth the reasons for the appeal. (Added City Record 7/21/2023, eff. 7/21/2023)
