§ 3-04 Airports.
RCNY § 3-04
(a)No airport located within the limits of the City of New York, whether for public or private use, shall be maintained or operated unless the owner or operator shall have procured from the Department a license or permit allowing such maintenance and operation.
(b)Any person seeking to maintain or operate an airport shall file an application with the Department at its office, 110 William Street, 3rd floor, New York, N.Y. 10038. Such application shall be in writing and sworn to by or on behalf of the owner or operator.
(c)The application shall be subject to investigation and report by the Director of Aviation of the Department.
(d)The application for a license or permit must show: (1) The elevation, location, dimensions and exterior boundaries of the proposed airport, the location, dimensions and height of any and all structures or vertical projections above the general contour of the proposed airport, all as contained in a survey, as of the date of the application, by a licensed City surveyor.
(2)The location, nature and height of any structure or vertical projection within two miles from such exterior boundaries, the presence of which would constitute an obstruction to safe aerial ingress to or egress from the airport.
(3)That the surface of the airport intended for the takeoff, landing and taxiing of aircraft is firm and suitable.
(4)The markings, each constructed and painted so as to be readily discernible from the air at a minimum height of 3,000 feet, to be in conformity with Federal Aviation Administration standards.
(5)That the location of the proposed airport, and the volume, character and direction of the traffic thereat will not endanger the lives and property of persons operating aircraft on or near existing airports and of occupants of land in their vicinity, nor tend to destroy or impair the utility of such airports and the investment therein; and that, in relation to existing airports, the proposed airport conforms to all spacing requirements and safety standards of applicable Federal and State laws and regulations.
(6)An application for a license or permit covering night maintenance and operation must show the number, location, type and power of lights in conformity with Federal Aviation Administration standards.
(e)The applicant must have in force upon the granting of a license or permit, liability insurance in an amount to be set by the Commissioner with the City of New York as an additional insured.
(f)The Commissioner may issue a license or permit to operate the proposed airport if, in addition to the items specified in subdivision (d) above, such airport will not be detrimental to the public safety and will be in the public interest. Such license may be limited by appropriate conditions as to type of aircraft, time and method of operation, standards of maintenance, keeping of records and safety and security precautions and such other terms and conditions as may be necessary or desirable to insure the public safety and interest and the safety of those engaging in aeronautical activities.
(g)Such license or permit shall be effective for one year from the date of issuance thereof, unless sooner revoked or suspended by the Commissioner for cause shown.
(h)No license or permit shall be revoked by the Commissioner except after a hearing upon 48 hours notice to the licensee. The Commissioner shall have the power in his discretion, to suspend such license or permit pending such hearing and determination.
(i)Each license or permit issued hereunder may be renewed annually upon application by the licensee or permittee. Such application must set forth that the airport and the operation thereof conforms to the minimum requirements set forth in the original application for the license or permit granted and complies with the regulations promulgated by the Commissioner subsequent to the date of the original license or permit.
(j)The fee for the issuance of such annual license or permit shall be $250.00, and the fee for the renewal thereof shall be $150.00.
(k)Any change in the airport or operation thereof which would affect the safe operation thereof, shall be reported immediately by the licensee or permittee in writing to the Commissioner.
(l)The failure on the part of the licensee or permittee to comply with any of the rules set forth in this chapter or hereafter adopted by the Commissioner, shall constitute sufficient cause for revocation of such license or permit. Licensee or permittee must keep accurate written records of all landings and departures, report of which must be made on a monthly basis to the Department.
(m)The City, by or through its employees, agents, representatives, or contractors, shall have the right at all times to enter upon the airport for the purpose of inspecting and/or observing the performance by the licensee or permittee of his obligations and duties.
(n)No heliport in the City of New York shall conduct operations between the hours of 11 p.m. and 7 a.m. unless a waiver has been obtained from the Commissioner or the Commissioner's designee. In granting such a waiver, the Commissioner shall take into account the health, safety and welfare of the community.
