Article 2. Permit Application and Procedure

7.201.   Application Submission Requirements

In addition to the materials listed at Section 2.303, applications for a permit for site selection or expansion of an airport shall be accompanied by the following information, maps, requirements and data in the number required by the Director. To the extent an FAA and/or County-approved Airport Layout Plan or Airport Master Plan contains this information, such plan may satisfy these requirements:

(1)

A plan (which may be satisfied by the airport layout or master plan) and related documents and studies, locating the proposed airport or expansion with respect to the following boundaries and physical features:

(a)

The boundaries of the affected Airport Influence Area and of any relevant subzones and airport zones therein located within unincorporated El Paso County;

(b)

The location of existing or proposed airport facilities, including towers, lights, terminals, hangars, aprons, parking areas, taxiways, and runways.

(c)

The location and nature of existing or approved developments and land uses within the Airport Influence Area located within unincorporated El Paso County, based on readily-available data from the Development Services Department or other public sources, including those of the applicant;

(d)

The elevation or contours of the ground (at no less than 10-foot intervals) and elevation of existing structures (over 50 feet in height) within the Airport Influence Area and within unincorporated El Paso County, as shown on current USGS contour maps at selected points to reasonably identify these features.

(2)

A map showing anticipated generalized arrival, departure and local air traffic patterns proposed to occur within unincorporated areas of El Paso County due to the new or expanded airport.

(3)

Description of potential public safety and property issues related to the airport.

(4)

Description of how the airport or airport expansion will affect existing communities, the environment and existing community or public services. Attach or refer to any FAA required environmental assessment.

(5)

Description of how the airport or airport expansion will affect economic and transportation needs of the state, County and the area. A Finding of No Significant Impact (FONSI) from the Federal Aviation Administration District Office (FAA/ADO) may satisfy this requirement.

(6)

Description and copies of applicable FAA permits and approvals.

(7)

Description of how the airport site or airport expansion relates to existing airports. An FAA and/or County-approved Airport Layout Plan, Airport Master Plan, or FAA Form 7480-1 may satisfy this requirement.

(8)

Description of measures to be taken and property rights to be acquired, which may include legally sufficient executed deeds, avigation easements and/or disclosures, to demonstrate that the proposed airport or airport expansion has the legal authority to operate as proposed.

7.202.   Review Criteria

A permit for the conduct of site selection or expansion of an airport shall be approved by the Permit Authority, or in the case of an Administratively Approved Permit, the Director, if the application complies with the following criteria and the relevant criteria at Section 2.405. If the Permit Authority finds that the application does not comply, the application shall be denied or may be approved with conditions:

(1)

Site selection and expansion of airports shall be administered to encourage land use patterns that will separate noise originating from approved aircraft operations from residential and other noise-sensitive areas in the unincorporated area of El Paso County;

(2)

Site selection and expansion of airports shall be administered to avoid danger to public safety and health or to property due to potential aircraft crashes in the unincorporated area of El Paso County;

(3)

Airport location or expansion decisions shall consider the type of development which will occur within the Airport Influence Area, as herein defined, in the unincorporated portion of El Paso County;

(4)

Airports shall be located or expanded in a manner that will minimize disruption to existing communities and will minimize the impact on existing community or public services;

(5)

There is sufficient existing and projected need to warrant and support the airport or airport expansion;

(6)

The nature and location of the airport site or expansion complies with all applicable provisions of the State Aviation Systems Plan, and other applicable municipal, regional, state and national plans;

(7)

The nature and location of the airport site or expansion is compatible with the existing and reasonably foreseeable economic and transportation needs of the state, the County and of the area immediately servicing the airport;

(8)

The airport site or expansion is not in an area with unmovable obstructions which might interfere with any airport approach or Runway Protection Zone, or assurances have otherwise been received that all removable obstructions will be eliminated from applicable obstacle identification surfaces;

(9)

The benefits of the airport location or expansion outweigh the loss of any natural resources or agricultural lands rendered unavailable as a result of the proposed airport location or expansion, including development of the area around the airport;

(10)

Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the airport site or expansion;

(11)

Adequate mitigation measures have been proposed, including financial security to guarantee the same, to mitigate the identified adverse impacts of the airport site or expansion;

(12)

The airport site or expansion will not place an undue burden on existing land uses in the area or on the communities of the region;

(13)

The airport site or expansion is designated to minimize the impacts of airport noise on nearby developments within the unincorporated area of El Paso County;

(14)

The airport site or expansion will contribute to the orderly development of the airport area and the region;

(15)

The applicant can provide evidence that sufficient property rights or restrictions exist, or alternatively, that adequate measures have been or will be taken and property rights have been or will be acquired to demonstrate that the airport site or expansion, and uses and activities associated with or generated by it, can be legally operated as proposed.