(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