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A. Any person desiring to obtain a permit to take off and land an aircraft within the town may make an application to the town manager. The town manager shall have the authority to grant a permit authorizing the aircraft to take off and land within the town in accordance with the provisions of this section. In determining whether to grant a permit for the takeoff and landing of aircraft under this section, the town manager shall give consideration to:

1. The location where the aircraft to be covered by the permit will take off and land,

2. The size and type of aircraft to be covered by the permit,

3. The number of aircraft to be covered by the permit,

4. The number of individual takeoffs and landings to be covered by the permit,

5. The time of day when the aircraft to be covered by the permit will take off and land,

6. The duration of the noise which will be generated from the takeoff and landing of the aircraft to be covered by the permit,

7. The loudness of the noise which will be generated from the takeoff and landing of the aircraft to be covered by the permit,

8. The extent of the disruption to public and private activities, if any, which will be caused by the takeoff and landing of the aircraft to be covered by the permit, and

9. Whether there will be any other demonstrable negative effect on the public health, safety and welfare caused by the takeoff and landing of the aircraft to be covered by the permit. The town manager may prescribe any reasonable conditions or requirements on the permit which the town manager deems necessary to minimize the adverse effects upon the community or the surrounding neighborhood, including, but not limited to, limiting the number of aircraft which are authorized to take off and land pursuant to the permit and imposing specific time limits on the takeoff and landing of the aircraft covered by the permit. It shall be unlawful for the holder of any permit issued by the town manager under this section to violate any of the conditions, requirements or terms of such permit. Any permit granted by the town manager under this section shall be effective only for the location, date and time designated within the permit, and shall be further subject to such conditions as may be set forth in such permit. There shall be no charge for an application submitted to the town manager under this section.

B. If an application seeks a permit for a duration of less than seven (7) days, the town manager shall issue a final decision on such application within fourteen (14) working days of receipt of the completed application.

C. If an application seeks a permit for a duration of seven (7) days or longer, before acting on the application the town manager shall notify the town council of the filing of the application. At the town council's next regular work session following the filing of the application, the council may comment upon application. The town manager shall then issue a final decision on the application within five (5) working days of receipt of the council's comments on the application.

D. The town manager shall notify the town council at its next regular meeting of any permit issued by the town manager pursuant to this section.

E. An applicant for a permit under this section whose application has been denied or who disagrees with the conditions imposed upon such permit by the town manager may appeal such denial or imposition of conditions to the town council. A request for an appeal shall be submitted in writing to the town manager not later than seventy two (72) hours after the denial of the application or the granting of the permit containing the condition(s) to which the applicant objects. The request for appeal shall specify the grounds for the appeal. Such appeal shall be heard and decided by the town council at the next regular town council meeting following the submission of the request for appeal, or at such later date as the council may determine if the applicant consents to the continuation of such matter. In deciding an appeal, the town council shall consider only the factors set forth in subsection A of this section. (Ord. 36, Series 2004)