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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERONAUTICAL ACTIVITY. Any activity which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations.
AIR CHARTER. An FAA-certified commercial operator providing on-demand, non-scheduled service of persons or property for hire.
AIRPORT. The Wallace-Pender Airport (Henderson Field) (ACZ), North Carolina.
AIRPORT COMMISSION (COMMITTEE). An advisory group appointed by the Town Council charged with overseeing the supervision of airport activities.
AIRPORT MANAGER. The representative of the town having day-to-day oversight of airport activities. If no individual is designated with such charge, this responsibility is retained by the Airport Commission.
AIRPORT OWNER. The Town of Wallace, as Airport Sponsor.
COMMERCIAL AERONAUTICAL ACTIVITY. A person or business providing goods and services to the aviation public for which compensation is received.
COMMERCIAL AERONAUTICAL OPERATOR (OPERATOR) or FIXED BASE OPERATOR (FBO) or SPECIAL AVIATION SERVICE ORGANIZATION (SASO) or INDEPENDENT OPERATORS (IO). A person or aeronautical business offering or supporting general aviation services.
EXCLUSIVE RIGHTS. Excluding a person from enjoying or exercising privileges conferred on one or more parties by excluding others by unreasonable standards or requirements.
FAA. The Federal Aviation Administration.
HANGAR. A building providing shelter or enclosed space for the storage or aircraft or aircraft parts.
LEASE. An executed contract, in writing and enforceable by law, granting interests in property or the conduct of certain activities.
MOTOR VEHICLE. Any powered ground vehicle.
PERSON. An individual, partnership, firm, association, commercial business or corporation.
STATE. The NCDOT, Division of Aviation (NCDOA).
TENANT. A person who leases or subleases real property and whose premises has access to the airport.
THROUGH-THE-FENCE. Any use of the airport public landing areas by any person offering aeronautical activity or by aircraft based on land adjacent to, but not a part of, the airport property.
TOWN. The Town of Wallace, North Carolina.
TOWN COUNCIL. The governing body lawfully empowered to exercise legal control over the airport.
(Ord. passed - -2019)
(A) No commercial enterprise of any kind or type shall conduct commercial aeronautical activities on or at the airport unless specifically authorized in writing by the Town Council.
(B) The privilege of using the airport and its facilities shall impose full responsibility and risk by the operator thereof and shall release and hold harmless and indemnify the town and its agents from any liability or charges of loss resulting from such use, as well as claims of third persons using the airport.
(1) FBO/SASO/IO commercial designation. In all cases, the Town Council will determine if the aeronautical activity qualifies as a commercial aeronautical activity. If determined to be commercial, the person or business shall conform to the requirements of the Town Municipal Airport “Minimum Standards For Commercial Activities”.
(3) FBO/SASO/IO discrimination. No person shall be denied service because of their race, national origin or gender. The operator shall offer and provide services in accordance with the provisions of Title VI of the Civil Rights Acts of 1964 (Pub. Law No. 88352). Accordingly, no person shall be denied equal services on the ground of race, color or national origin in accordance with Regulation DOT part 21.
(Ord. passed - -2019) Penalty, see § 153.99
(A) The operating standards outlined below are the minimum threshold requirements for commercial aeronautical operators (fixed base operator, special aviation service organization and/or independent operators) as a condition of the operator’s right to lease premises and provided services on and at the airport.
(B) The following shall apply to all prospective operators as disclosure of adequate intent and resources to offer or conduct commercial aeronautical activity at the airport.
(1) Prior to initiating operations or providing services at the airport, operators must be a party to a fully-executed lease or rental agreement with the Town Council.
(2) Any executed agreement or lease with an operator shall be subordinate to the provisions of any existing or future airport property agreements or grant assurances relative to the operation or maintenance of the airport, as agreed between the Town Council/Airport Sponsor and the United States government and/or the state.
(3) The operator ground lease or operating agreement shall not include any of the airfield or taxiway systems as specified by FAA Order 51OO.38B, § 526.
(4) No airport land or building space in excess of present and foreseeable operator requirements shall be leased to any operator. Any additional land may be made available on the basis of need and availability. Although airport land designated or leased for operator activities is limited and valued, nothing contained herein shall be construed to grant or authorize the granting of an exclusive right as forbidden by § 308 of the Federal Aviation Act of 1958, being 49 U.S.C. § 40103(e).
(5) Operators must comply with applicable regulations set forth by local, state and federal agencies. The operator shall post, in a prominent place, all necessary or required licenses or permits.
(6) The operator must establish an office at the airport for public availability and for public access to staff, facilities and equipment offered by the operator’s office hours shall coincide with attended hours of airport operation as published in the airport/facility directory, unless stated otherwise in the operator’s lease agreement.
(7) The rates, charges and prices assessed by the operator may be requested and must be divulged to the Airport Commission/Town Council upon written request, including any discounts, rebates or other similar type price reductions.
(8) The operator shall have the right to choose, at its sole discretion, its vendors and suppliers. The operator reserves the right, at its sole discretion, to grant others certain rights and privileges upon the airport which are identical in part or in whole to those granted to operator.
(9) The distribution or sale of fuel on or at the airport is authorized only with the express prior written approval of the Town Council. No operator may sell or distribute aviation petroleum products at the airport unless having the prior written approval of the Airport Commission and Town Council and having met the minimum standards found in § 153.24 of this chapter.
(10) Operations such as UNICOM radio, aircraft tie-down and other miscellaneous aeronautical activities not specifically described herein may be provided or conducted by any operator upon application to and approval of the Airport Commission/Town Council. Reasonable terms and conditions for the privilege of engaging in these various services will be established or determined by the Airport Commission/Town Council as commensurate with the nature and scope of the activities involved.
(11) Failure or inability of the operator to meet the airport minimum standards shall be reported in writing to the Airport Commission/Town Council, without delay.
(Ord. passed - -2019) Penalty, see § 153.99
(A) Any operator desiring to erect or construct any new or renovated permanent or temporary structure, landscaping, signs or support facilities at the airport shall submit plans and specifications to the Airport Commission and Town Council for review and approval. No such approval shall be granted unless such construction and design is consistent with the airport layout plan (ALP) drawing. The plans shall include a general layout, drawn to scale, showing said structure (site location, building, ground and top elevations and aesthetic and decorative features), access and proposed boundary of leasehold area, plus a completed FAA Form 7460 “Notice of Proposed Construction or Alteration”.
(B) The Town Council, prior to construction, shall submit this information to the NCDOT, Division of Aviation/FAA for review and airspace determination.
(1) Before construction of facilities and equipment is undertaken, the operator must furnish the Airport Commission/Town Council with a performance bond commensurate with the construction costs to be performed.
(2) The building structure shall be constructed in accordance with State Building Codes and National Fire Protection Association (NFPA) standards.
(3) All such building permits, licensing and environmental certifications shall be obtained by the operator prior to construction. A certificate of occupancy must be obtained before the structure can be occupied.
(4) No operator shall erect advertising or vendor signs at the airport without express written permission of the Airport Commission/Town Council.
(Ord. passed - -2019) Penalty, see § 153.99
The operator must ensure that all of its employees meet physical requirements and mental competency necessary to carry out the employee’s job tasks in a safe manner.
(A) Operators shall furnish prompt service adequate to meet all reasonable demands for its services at the airport. All service offered by the operator shall be provided to persons on a fair, equal and non-discriminatory basis.
(B) The operator shall appoint a qualified person (Operation Manager) stationed at the airport, a position vested with full-power and authority to act in the name of the operator. The Operator Manager shall be available to the Town Council/Airport Sponsor for routine communication and coordination and shall attend official town meetings, as required or necessary. If absent, a duly authorized subordinate shall be in charge and available to the Town Council/Airport Sponsor.
(C) All operator personnel shall hold all necessary FAA certificates and ratings as required to carry out the nature of their services and shall maintain such certificates and ratings, as appropriate.
(D) Operator shall provide, at its sole expense, a sufficient number of qualified employees and resources to provide safe and effective services. It shall be the responsibility of Operator Manager to maintain close supervision over its employees. The Operator Manager shall control the conduct, demeanor and appearance of its employees.
(E) The operator is responsible for informing and training its employees as to the current contents of the airport minimum standards and airport rules and regulations and applicable portions of the operator lease agreement with the Town Council/Airport Sponsor.
(Ord. passed - -2019)
(A) Leasehold conditions. Operator lease terms shall be mutually agreed upon with due consideration for the financial investment and the need to amortize improvements to or on the leasehold. Operators have the right to further improve and develop its leasehold area. Any plans by the operator for leasehold improvements, modifications or like development shall be submitted prior to initiating construction to the Airport Commission/Town Council for review and approval.
(1) No operator leases or agreements will be executed for a period in excess of 20 years.
(2) Operator leaseholds may be subleased by a lessee only with prior written approval of the Town Council or designated representative.
(3) All improvements made by the operator to their leasehold property become the property of the town upon termination of the operator’s leasehold for such areas or facilities.
(4) No new leases will be executed, amended or assigned unless the existing lease is in compliance with the standards and requirements contained herein.
(B) Insurance coverage.
(1) Unless otherwise approved or directed by the town, each operator shall furnish satisfactory evidence of, at minimum, the following insurance coverage and conditions:
(a) Single limit airport premises liability, bodily injury, and property damage: $1,000,000;
(b) For hangar keeper’s liability or otherwise as applicable: $1,000,000; and
(c) Worker’s compensation insurance as required by the state.
(2) The Airport Commission/Town Council may choose, at their discretion, to modify insurance requirements on a case-by-case basis, depending on statutory and/or inherent risk factors. Operator insurance policies shall also declare the town as a named insured and shall contain a clause which shall provide that in the event lessee’s insurance coverage or any part thereof, should be cancelled or materially changed, the town shall receive at least 30 days’ prior written notice of such change.
(Ord. passed - -2019)
(A) As a practical matter due to the surrounding circumstances that make such an arrangement necessary, the town intends to provide any and/or all activities related to the sale and distribution of aviation fuel needed by the public at the airport.
(B) Based on statutory requirements, the town may not refuse any person from the sale or distribution of fuel on or at the airport. However, the sale and distribution of fuel must be authorized with the expressed prior written approval of the Town Council. Any distributor or seller of fuels must comply fully with §§ 153.40 through 153.52 of this chapter, as adopted. The distribution or sale of fuels without prior written consent is a violation and subject to prescribed penalties listed herein.
(1) Fuel and oil sales. Persons conducting aviation fuel and oil sales on the airport shall be required to provide the following.
(a) All fuel systems must be capable of dispensing fuel directly into aircraft. Only properly trained personnel shall dispense fuel. In conducting refueling operations, the operator shall install and use adequate grounding at fueling locations to eliminate the hazards of static electricity and shall provide types of fire extinguishers or other equipment commensurate with the hazard involved in refueling and servicing aircraft.
(b) The operator shall provide at a minimum 100-low lead aviation fuel and, pending user demand, standard Jet-A fuel.
(c) Hours of fuel dispensing must be publicly posted with a contact employee for on-demand fuel required during hours of not in operation to the public.
(d) Adequate storage and inventory of at least one brand of generally accepted grade of aviation fuel, engine oil and lubricants.
(e) If supplied by the operator, a minimum of 8,000 gallon on-site aircraft fuel storage capacity, per grade of fuel. A minimum capacity of 500 gallons is required for any fuel truck storage vehicle used for aircraft refueling. All fuel storage tanks and vehicles must meet federal, state and local regulations and shall be regularly inspected and maintained by the operator.
(f) The Airport Commission/Town Council may prescribe a reasonable fuel flowage fee to be charged for all fuel sales or distributions, as specified in the operator’s lease agreement. Disclosure of operator fuel sale quantities and revenues can be requested and shall be furnished to the Airport Commission/Town Council upon written notice.
(2) Aircraft line service. The following standards shall apply:
(a) Adequate towing equipment and parking and tie-down areas to safely and efficiently move aircraft and store them in all reasonably expected weather conditions;
(b) Proper equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, washing aircraft and aircraft windows and for recharging or energizing discharged aircraft batteries and starters; and
(c) Conveniently located lounge or waiting rooms for passengers and airplane crews of itinerant aircraft, together with sanitary restrooms and public telephones.
(3) Hangar storage. Operators desiring to provide hangar storage rental will meet the following requirements:
(a) Lease at least 10,000 square feet for T-hangars; and
(b) Lease at least 3,000 square feet for common hangars.
(4) Aircraft maintenance and repair. All persons operating aircraft engine and accessory maintenance facilities shall meet the following provisions:
(a) Sufficient equipment, supplies and spare parts to perform maintenance in accordance with FAA Part 145, “Certified Repair Station”;
(b) Trained and uniformed personnel to sufficiently meet the demand for aircraft maintenance services. At least one mechanic shall be a FAA-certified airframe and powerplant (A&P) technician, available during established business hours. Contact for on-demand services shall be publicly posted at the airport;
(c) New maintenance hangars constructed by or for an operator shall contain a minimum of 3,600 square feet of storage and/or floor space. Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment to perform top overhauls as required for FAA certification and repair; and
(d) Suitable leased parking and/or storage space for aircraft awaiting maintenance or delivery after repair and maintenance has been completed.
(5) Flight training/rental. Persons or operators conducting flight training/aircraft rentals shall provide.
(a) Flight instruction shall be provided by at least one properly FAA-certified flight instructor with commercial certificate. Hours of availability and contact information must be publicly posted at the airport.
(b) At least one aircraft to be used for flight training and/or rental. Additional types of aircraft as may be required to give flight training, check-outs, proficiency training and instruction of the kind as advertised.
(c) Adequate mock-ups, pictures, slides, film strips or other visual aids necessary to provide proper ground school instruction.
(d) Adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators on the airport for such service and repair.
(e) Proper check lists and operating manuals on all aircraft rented and adequate parts catalogue and service manual on new aircraft sold.
(f) Adequate liability and property damage insurance sufficient to protect the operator and the town from legal liabilities involved. An indemnification and hold harmless agreement is required to protect the town. A copy of this agreement shall be provided to the Town Council before flight training activities commence.
(6) Aircraft charter and taxi service. Persons or operators operating aircraft charter and taxi service shall provide:
(a) Shall have properly certified suitable aircraft with properly certified and qualified operating crew available for service when not otherwise engaged in such service;
(b) Adequate building or office lease area for passenger and baggage processing;
(c) Adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators on the airport for such service and repair; and
(d) Shall provide passenger liability insurance of at least $100,000 per passenger seat and property damage liability of at least $300,000. An indemnification and hold harmless agreement is required to protect the town. A copy of this agreement shall be provided to the Town Council before flight training activities commence.
(7) Crop dusting and spray operators. Persons or operators seeking to conduct crop dusting or spraying of agricultural chemicals shall be required to satisfy the Town Council that operations shall be conducted in compliance with applicable local, state and federal laws. Staging and washing areas shall be conducted in compliance with the applicable regulations. Any liability resulting from agricultural spraying operations is the sole responsibility of the operator. The Town Council has authority to require said operators to post a bond that would cover, with the intent of mitigating, liabilities to the town and county resultant from the intentional or accidental dispersion of agricultural spraying or other compounds.
(8) Through-the-fence operators. In accordance with FAA AC 150/5190-5, through-the-fence operators conducting commercial business at the airport may be charged an access fee commensurate with fair and uniform standards set by the Town Council.
(9) Flying club/association. A flying club or similar organization is recognized as a plan for joint ownership of aircraft and the fair distribution of the cost of maintaining and operating such an aircraft. Such operation is not considered to be commercial in nature when so operated nor is flight instruction by flying club members for flying other club members considered to be commercial in nature so long as there is not profit or for-hire motive involved in the operation. In all cases, the Town Council will determine if the operation is a commercial aeronautical activity. If determined to be commercial, the club or organization shall conform to the requirements set forth herein for commercial aeronautical operators.
(10) Skydiving and jump schools.
(a) Persons or operators operating skydiving and/or jump school service shall operate according to the following:
1. Operate and maintain within the minimum standards for skydiving set by the United States Parachute Association (USPA) and in compliance with 14 C.F.R. part 105;
2. Maintain an active drop zone membership with the United States Parachute Association (USPA);
3. Skydiving ground procedures shall operate out of a hangar with a minimum size of 3,600 square feet of storage and/or floor space. This includes adequate space to house, train and prepare the equipment used for skydiving; and
4. Maintain insurance policies in accordance to USPA with the town additionally insured.
(b) In conjunction with the application process in § 153.27 of this chapter, skydiving and jump schools shall also provide the following: a description of how operations will be conducted with other aeronautical traffic which will include a description of procedures in accordance to FAA AC-90-66-A, Recommended Standards Traffic Patterns and Practices for Aeronautical Operators at Airports Without Control Towers.
(Ord. passed - -2019) Penalty, see § 153.99
(A) All operators, as part of the application process, must show and demonstrate business and financial ability to the satisfaction of the Airport Commission/Town Council.
(B) The town will not accept or take action on a request to lease building space or land area or a request for assignment of an existing lease or in any way permit the installation of a commercial aeronautical activity until after the applicant, in writing, submits a proposal which clearly sets forth the scope and type of operations being proposed, including the following:
(1) The name and address of the applicant;
(2) The proposed aeronautical operation or activity sought;
(3) The proposed land use and facility needs sought;
(4) The names and qualifications of the personnel to be involved in conducting the activity;
(5) The financial responsibility and technical ability of the applicant and operator to carry out said operations or activity, including historical evidence of satisfactory performance of previous similar activity;
(6) The tools, equipment, services and inventory, if any, associated with the proposed activity;
(7) The requested or proposed date for commencement of the activity and the term conducting the same;
(8) The estimated cost of any structure or facility to be furnished, the proposed specifications for the same, and the means or method of financing such construction or acquisition of facilities; and
(9) Other information the Airport Commission/Town Council may require and specifically request.
(C) Only applications completed according to the requirements will be considered. Upon approval of any such application in principal, the Town Council or designated agent shall prepare a suitable lease or contract agreement setting forth the terms and conditions under which the operator shall be conducted. Any rejected application shall be returned to the applicant within 30 calendar days of the rejection with a written explanation of the reasons for rejection. Candidates are invited to resubmit at their discretion.
(Ord. passed - -2019)
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