The following provisions shall apply to all commercial operations, as defined in § 72-8 of this chapter, conducting any of the specific operations hereinafter set forth, which specific operations shall be managed and authorized only in the following manner:
A. Aircraft sales. Any lessee desiring to engage in the sale of new or used aircraft must provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated space for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One person having a current commercial pilot certificate with ratings appropriate for the types of aircraft to be demonstrated, and at least one person having an instructor's rating authorizing instructions in each aircraft sold or displayed. Provide for office to be attended during the operating hours.
(3) Aircraft. A dealer of new aircraft shall have available or on call one current model demonstrator for each of at least two models of each franchise line sold.
(4) Services. A dealer shall provide an adequate supply to or direct access to a sufficient supply of parts for each type of new aircraft sold. A dealer shall provide for the repair and servicing of aircraft during its warranty period by the dealers own facilities or through written agreement with a repair shop specializing in the make of aircraft sold.
(5) Hours of operation. Minimum operating hours shall be from 8:00 a.m. to 5:00 p.m. a minimum of five days a week.
B. Airframe and/or power plant repair. Any lessee desiring to engage in airframe and/or power plant repair services must provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated space for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. Have on field or on call factory trained personnel capable of servicing, maintaining and repairing all aircraft, piston and turbine, under 12,500 pounds with at least one aircraft inspector available on call.
(3) Hours of operation. The normal operating hours shall be a minimum of from 8:00 a.m. to 4:30 p.m. five days a week with service available on weekends on an on-call emergency basis.
(4) Equipment. Provide sufficient equipment, supplies and availability of parts to perform maintenance in accordance with manufacturers' recommendations or equivalent.
C. Aircraft rental. Any lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated space for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One person having a current commercial pilot's certificate with appropriate ratings.
(3) Aircraft. Three airworthy aircraft owned or leased in writing to the lessee.
(4) Hours of operation. Minimum operating hours of from 8:00 a.m. to 5:00 p.m. seven days a week.
D. Flight training. Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated spaces sufficient for office, classroom, pilot briefing and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One person properly certificated by FAA as flight instructor to cover the type of training offered.
(3) Aircraft. The lessee shall own or have leased to him/her in writing three properly certificated aircraft equipped for flight instruction.
(4) Hours of operation. The minimum hours of operation shall be eight hours a day, seven days a week from 8:00 a.m. to 5:00 p.m.
E. Air taxi service. Lessees desiring to engage in air taxi service must hold an FAA air taxi-commercial operator's certificate and all required CAB certifications appropriate for the type and weight of all aircraft to be so used, with authorization for VFR and IFR, day and night, and single- and multi-engine operations, and shall provide the additional facilities and services as follows:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated spaces sufficient for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains and shall met all federal, state, county and municipal code requirements. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One FAA certified commercial pilot who is appropriately rated to conduct air taxi service offered, VFR, IFR, single- and multi-engine, day and night.
(3) Aircraft. Two four-place single-engine aircraft, at least one of which is IFR equipped, and at least one IFR equipped multi-engine aircraft. All such aircraft shall be owned or leased by agreement in writing and meet all the relevant requirements of Part 135 of the FAA Regulations.
(4) Hours of operation. The minimum hours of operation shall be from 8:00 a.m. to 5:00 p.m. six days a week, but such operator shall provide on-call service during nonoperating hours.
F. Aircraft fuels and oil dispensing and/or aircraft storage service: Lessees desiring to dispense aviation fuels and oil and/or provide other related services, such as tie down and storage of aircraft, shall provide as a minimum the following services and facilities:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations capable of accommodating a minimum of six single-engine aircraft and with properly lighted and heated spaces sufficient for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. Provide sufficient staff to provide constantly attended daylight service from 8:00 a.m. until dusk and emergency twenty-four-hour service on demand where such can be reasonably provided.
(3) Aircraft service equipment. Provide emergency starting equipment, adequate fire extinguishers.
(4) Services. Fuel, park, tie down and store aircraft, wash and wax aircraft, inflate tires, change aircraft engine oil, provide minor repairs and services not requiring mechanic's certificate ratings.
(5) Fueling facilities. Provide two metered fixed filter-equipped dispensers for dispensing two grades (80-87 and 100-115 octane) of gasoline from storage tanks having a minimum capacity of 10,000 gallons each. Exhibit evidence of agreement with fuel suppliers to supply jet A-1 fuel when required. Provide separate dispensing pumps and meters for each grade of fuel as required.
(6) Hours of operation. Fueling service shall be provided from a minimum of 8:00 a.m. until dusk seven days a week.
G. Radio, instrument or propeller repair service. Lessees desiring to provide a radio, instrument or propeller repair service must hold a FAA repair station certificate and ratings for same and provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated spaces sufficient for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities, drinking fountains and hangar space as may be required by the FAA and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One FAA certified repair person qualified in accordance with the terms of the repair station certificate.
(3) Hours of operation. The minimum hours of operation shall be from 8:00 a.m. to 5:00 p.m., five days a week.
H. Aerial applicators. Lessees desiring to engage in aerial application operations must hold an agricultural aircraft certificate issued by the FAA under Part 137; comply with requirements of the state and political subdivisions thereof; and provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with space for office or storage, hangar space as may be required by FAA and shall meet all federal, state, county and municipal code requirements relating to the activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One person holding current FAA commercial certificate properly rated for the aircraft to be used and meeting the requirements of Part 137 of the FAA regulations and applicable regulations of the state.
(3) Aircraft. One aircraft which will be airworthy, meeting all the requirements of Part 137 of FAA regulations and applicable regulations of the state. This aircraft shall be owned or leased by agreement in writing and based on the lessee's leasehold.
(4) Facilities. A segregated chemical storage area protected from public access, and shall be erected and maintained in such a manner as to protect against the escape of noxious fumes or substances.
(5) Hours of operation. Personnel must be available on call 24 hours during the normal aerial application season.
I. Specialized commercial flight services. Lessees desiring to engage in the specialized commercial air activities including but not limited to banner towing and aerial advertising, aerial photography or survey, fire fighting or fire patrol, power-line or pipeline patrol, and any other operations specifically excluded from Part 135 of the Federal Aviation Regulations, shall provide the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated spaces sufficient for office and public lounge and public use telephone. Said building shall contain indoor rest room facilities and drinking fountains and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. One person having a current commercial pilot's certificate with appropriate ratings for the aircraft to be flown.
(3) Aircraft. One properly certificated aircraft owned or leased in writing to the lessee.
(4) Hours of operation. The minimum operating hours will be from 8:00 a.m. to 5:00 p.m., five days a week.
J. Fixed-base operator. Lessees desiring to engage in the activities of a fixed-base operator, as hereinabove defined, must provide as a minimum the following:
(1) Buildings. Lease an existing facility or construct a building prior to commencing operations with properly lighted and heated spaces sufficient for office, public lounge and public use telephone. Said building shall contain indoor rest room facilities, drinking fountains and required facilities as provided in §§ 72-8 and 72-9 of this chapter and shall meet all federal, state, county and municipal code requirements. Any building used for the within activity shall be of a cost, type, size and construction which is first approved by the Mayor and Common Council of the Town of Hammonton; the costs related to said construction and actually expended may be applied as prepaid rent, however, in conformance with N.J.S.A. 40A:12-14. The term of a lease and minimum rent shall be directly related to the actual cost of the capital improvement.
[Amended 10-22-1990 by Ord. No. 17-1990]
(2) Personnel. Multiple responsibilities may be assigned to personnel to meet personnel requirements for all activities.
(3) Aircraft. Requirements for aircraft for the specific activities to be engaged in must be provided; however, multiple uses can be made of all aircraft, except aerial applicator aircraft, to meet these requirements. In order to meet these requirements, however, a minimum of two aircraft must be owned or under the direct control of the lessee and based on the lessee's leasehold.
(4) Equipment. All equipment, specifically required for each activity, must be provided. All fixed-base operators as herein defined shall provide fueling facilities equal to, or greater than, those set forth in § 72-9F(5), and at a cost of not less than $15,000, in order to qualify as a fixed-base operator, which fueling facilities shall be an additional requirement over and above the buildings requirement and all other financial requirements set forth above.
(5) Services. All services specifically required for each activity must be provided during the hours of operations. Fixed-base operators may provide all activities set forth within any of the categories of the standards for airport operations contained within § 72-9 of this chapter without meeting any additional requirements as to prepaid rent and initial investment over and above those required of a fixed-base operator within § 72-9J of this chapter.
(6) Hours of operation. The lessee will adhere to the operating schedule as required for each activity.
K. Multiple service operations of nonfixed operators.
[Amended 10-22-1990 by Ord. No. 17-1990]
(1) Any operator, as defined in § 72-8 of this chapter, who does not qualify as a fixed-base operator under § 72-8 may combine more than one of the activities set forth in this section should he/she first secure a lease from the Town of Hammonton authorizing him/her to engage in such combined activities, and provided that said commercial operator meets the individual standards set for each activity by this chapter for all operations to be conducted by him/her. The requirements as to the providing of necessary buildings shall be cumulative, and any commercial operator, as defined in § 72-8 of this chapter, who wishes to engage in more than one of the defined activities shall supply buildings of a type, size and quality as are approved by the Mayor and Common Council and at a cost equal to the sum total of each individual building required for each separate operation for which said operator acquires a lease up to the initial investment in buildings required of a fixed-base operator, as defined in § 72-8. Should the sum total of initial investments set forth in the various subsections of § 72-9 hereof required of a commercial operator who does not qualify as a fixed-base operator exceed those required of a fixed-base operator, said commercial operator shall be required to invest an initial amount equal to that amount required of fixed-base operators.
(2) A commercial operator under § 72-8 who does not qualify as a fixed-base operator may combine more than one service, as provided by the various subsections of § 72-9, in one or more buildings which are approved as to size, quality and type of construction by the Mayor and Common Council of the Town of Hammonton, and provided that the building or buildings equal in cost either the cumulative total of all financial obligation imposed for each operation engaged in under this section or those required of a fixed-base operator, whichever is the lesser. Should any commercial operator other than a fixed-base operator, as defined within § 72-8 of this chapter, lease an existing facility, said operator shall pay to the Town of Hammonton a prepaid rental equal to the sum total of the minimum cost requirements for each separate operation which said commercial operator intends to engage in where said commercial operator is required to construct buildings for each said activity. Should any commercial operator, as defined in § 72-8 of this chapter, sublease any portion of the premises leased by him/her to other commercial operators conducting other activities set forth within § 72-9, and the sum total of all such activities of the original lessee and the sub lessee when joined together meet the definition of a fixed-base operator, as contained within § 72-8, said combined services by the lessee and his/her sub lessee(s) shall be considered the services of a fixed-base operator, and the combined operators rendering such services shall be held to all standards set forth in § 72-9J of this chapter for fixed-base operators. Nothing in this section shall prevent the Town of Hammonton from raising the minimum standards imposed by this chapter should economic factors and the status and characteristics of the Hammonton Municipal Airport be such as justifies the raising of the rental and/or of other standards imposed by this chapter, provided that such new standards shall first be approved by the Federal Aviation Administration before becoming effective.
L. General requirements.
(1) Building space requirements may be met by one building, attached buildings or separate buildings constructed on leased premises.
(2) All lessee personnel required to hold appropriate FAA certificates and ratings and shall maintain such certificates and ratings.
(3) All lessees offering any of the services or combinations thereof shall do so under written lease or agreement with the town.
M. Flying clubs. The following requirements pertain to all flying clubs desiring to base their aircraft on the airport and be exempt from the minimum standards:
(1) Organizations. Each club must be a nonprofit corporation or partnership. Each member must be a bona fide owner of the aircraft or a stockholder in the corporation. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual use of operation, maintenance and replacement of its aircraft. The club will file and keep current with the town a complete list of the club's membership and investment share held by each member.
(2) Aircraft. The club's aircraft will not be used by other than bona fide members for rental and by no one for commercial operations. Student instruction can be given in club aircraft to club members, provided that such instruction is given by a lessee based on the airport who provides flight training or by an instructor who shall not receive remuneration in any manner for such service.
(3) Violations. In the event that the club fails to comply with these conditions, the town will notify the club in writing of such violations. If the club fails to correct the violations within 15 days, the town may take any action provided in § 72-12 of this chapter.