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(A) The town, a municipal corporation of the state, hereby adopts and approves the following airport rules and regulations for the operation and use of the Wallace-Pender Airport (Henderson Field) located in Pender County.
(B) The airport is owned and operated by the town.
(C) Administration and enforcement of the terms of the rules and regulations shall be delegated at the discretion of the town.
(Ord. passed 10-8-2019)
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.
AIRPORT. The Town Municipal Airport (Henderson Field) (ACZ), North Carolina.
AIRPORT COMMISSION. An advisory group appointed by the Town Council charged with making recommendations on the overall 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 AVIATION OPERATOR, FIXED BASE OPERATOR (FBO), SPECIAL AVIATION SERVICE ORGANIZATION (SASO), or INDEPENDENT OPERATORS (IO). A person or aeronautical business offering or supporting general aviation services.
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 vehicle, as defined by G.S. Chapter 20, except as authorized by the Airport Manager.
NON-COMMERCIAL AERONAUTICAL USE. Encompass through-the-fence entities owning, leasing or having the full and exclusive control of aircraft, for non-commercial purposes, located on and operated from through-the-fence property. This includes individuals (who utilize aircraft for personal/recreational purposes) and companies (who utilize aircraft for purposes that are incidental or ancillary to a business such as providing transportation to company employees, customers and others).
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 Town Council of Wallace, the governing body lawfully empowered to exercise legal control over the airport.
(Ord. passed 10-8-2019)
Statutory reference:
Related provisions, see G.S. Chapter 20
(A) The Town Council shall, at all times, have power to take such reasonable action as may be necessary to enforce these regulations, including contingencies not specifically mentioned by this subchapter.
(B) The town assumes no liability or responsibility for any loss, injury or damage to persons or property by reason of fire, theft, vandalism, wind or other natural causes nor does the town assume any liability for injury or death to any person while on airport property or while using any public or private facilities at the airport.
(1) Compliance. All persons on and users of the airport shall comply with and be governed by these rules and regulations. The privilege of using the airport and its facilities shall impose full responsibility and risk by the user 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.
(2) Failure to comply. Any person violating this subchapter may be subject to pertinent deprivation of use of the airport facilities for such period of time as may be deemed necessary by the Town Council or legal representation.
(3) Enforcement. These airport rules and regulations, as well as all applicable state laws and town ordinances, shall be enforced by the Town Council and/or law enforcement officers appointed pursuant to law.
(Ord. passed 10-8-2019)
(A) The Town Council may lease airport property in accordance with the approved airport layout plan (ALP).
(B) All construction by any person must be authorized by the Town Board or designated agent and comply with applicable land use regulations and building codes.
(1) Lease records. Any person, hangar tenant and/or commercial aviation operators conducting business at the airport must have an executed lease agreement or contract with the Town Council. Such persons shall retain and become familiar with the current airport rules and regulations.
(2) Airport lease/erection of buildings or structures. Any person desiring to erect or construct any new or renovations to existing hangars which changes the footprint, height or wiring 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. 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”. The Town Council, prior to construction, shall submit this information to the NCDOT, Division of Aviation/FAA, for review and airspace determination. Buildings shall meet all building codes and development ordinances. All such building permits, licensing and environmental certifications shall be obtained by the person prior to construction. A certificate of occupancy must be obtained before the structure can be occupied. No airport leases will be executed for a period in excess of 20 years.
(3) Subleasing. Leased property may be subleased by the lessee only with prior written authorization or approval of the Town Council or designated representative. Any person that subleases, assigns their lease or rents to any person who then performs any commercial aeronautical activity on the airport shall notify the Town Council of such tenant within ten days of such transaction.
(4) Leasehold condition/abuse of property. Tenants are required to keep their premises clean and clear of all rubbish junk, debris, disabled/dismantled aircraft, vehicles and unsightly objects. No person shall construct, erect or store facilities, equipment, or materials in a manner as to constitute a hazard to persons or property or that could interfere with the safe movement of aircraft. Garbage, refuse, chemicals or other waste material shall be placed in appropriately approved receptacles used to dispose of off-airport property. No person shall, in any way, destroy, remove or disturb buildings, signs, equipment, markers or other property on the airport. The borrowing or use of airport-owned tools or equipment must be specifically permitted by the Airport Manager/Airport Commission.
(5) Right of entry. The Town Manager, Airport Manager, Fire Chief or other designated town agents shall have reasonable right-of-entry into all areas of the airport, including enclosed structures.
(6) Solicitation. No person shall solicit funds, nor post commercial-related signs or advertisements, at the airport without written permission of the Town Council/Airport Commission.
(7) Abandonment. No person may abandon vehicles, equipment, aircraft or parts on the airport property. The Town Council or designated representative has the right following due written notice to the owner after 90 days to have such equipment removed and/or disposed of without liability. The last registered owner of the equipment shall be liable for all costs incurred in the disposal of such property.
(Ord. passed 10-8-2019)
(A) Aircraft operator certification. Any person operating airplanes/aircraft on the airport must be certified by the FAA. This requirement does not apply to individuals possessing a sportsman license or individuals operating an ultra-light vehicle.
(B) FAA regulations. All aeronautical activities at the airport and all flight operations in the airspace above the airport shall be conducted in conformity with FAA regulations.
(C) Aircraft movements. All takeoffs and landings, by fixed-wing and rotorcraft, shall be conducted on paved areas. Any aircraft movement conducted in non-designated areas must be approved, in advance, by the Town Council or designated representative.
(Ord. passed - -2019)
(A) Public use. The Town Council may suspend or restrict airport operations when deemed necessary in the interest of safety, or as otherwise restricted due to weather, construction development, national security and acts of God. The Airport Manager or, in the absence of the Airport Manager, the individual listed in Addendum 1 (in the order listed) has the authority to temporarily close the airport by means of NOTAM.
(B) Aircraft registration. All aircraft based at the airport shall be registered with the Airport Manager/Advisory Commission (pilot name, address, phone number, aircraft type, model and N-number).
(C) Aircraft size and weight. Airport operations by aircraft and/or other operating vehicles in excess of the published pavement strength shall require prior written permission by the Airport Manager or designated town representative. Such operations will be evaluated on a case-by-case basis.
(D) Aircraft engine run-up. Aircraft engines shall be started and run-up only in the places designated for such purposes. Engine run-ups shall be conducted so not to cause harm to people or damage to property, structures or other aircraft.
(E) Parked aircraft. No aircraft shall be parked or stored at the airport, except in areas for such use, as designated or instructed by the Airport Manager or designated representative. All aircraft not hangared shall be sufficiently secured at night and during inclement weather.
(F) Aircraft emergency transmitter. Should an aircraft’s emergency locator transmitter (ELT) accidentally be activated, and the pilot or owner unable to be contacted or respond, the Airport Manager shall take steps to turn-off the ELT.
(G) Public access within aircraft movement areas. Only airmen, aircraft passengers, duly authorized personnel or persons being escorted by authorized personnel shall be permitted to access areas in which aircraft operate.
(H) Flying/taxing aircraft accident. In the event of an aircraft accident which require FAA reporting, the aircraft operator and/or owner shall promptly remove any disabled aircraft or parts hereof, subject to FAA/NTSB accident investigation. If unable, the Town Council/Airport Sponsor may, in compliance with FAA and other governmental regulations, move damaged or wrecked aircraft and parts from aircraft maneuvering and operating areas. The pilot of an aircraft involved in an accident on or near the airport causing personal injury or property damage shall immediately report such incident to the Town Council/Airport Manger. In the event that the pilot is unable, the owner of the aircraft or the owner’s agent shall submit an accident report to the Town Council/Airport Manager within 24 hours, including the names of persons involved, addresses, phone numbers and general description of the accident. Airport property damaged or otherwise destroyed by an accident or other activity shall be paid for by parties responsible.
(I) Special or unique airport uses. Special use of the airport shall be governed by the following:
(1) Flying events. No person or organization will engage in or promote any show, contest, demonstration or similar exhibition at or on the airport without specific prior written authorization from the Airport Commission and Town Council. Said request for authorization must be submitted at least 60 calendar days prior to the event. Such permission shall not be given without appropriate FAA clearance or exemptions, nor without proof of an insurance policy for the event, which covers hazards and holds the Airport Owner harmless from any and all claims resulting from such events.
(2) Parachute activity. Parachute jumps at or onto the airport must receive prior consent from the Airport Manager/Airport Commission. An FAA “NOTAM” shall be filed by the Airport Manager, or designated representative prior to any said parachute jumps. The Airport Manager reserves the right to designate areas for jump schools and drop zones. These businesses must store, train and prepare equipment within a hangar designated for such purposes and operate in accordance to §§ 153.20 through 153.29 of this chapter.
(3) Agricultural spray activity. Aircraft agricultural spraying 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 provide a copy of their bond/insurance 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.
(4) Model aircraft. The flying of model aircraft at the airport is prohibited. No person shall operate or release any model aircraft, rocket, kite, balloon or other similar contrivance at or upon the airport, except as permitted by the Airport Manager.
(Ord. passed - -2019) Penalty, see § 153.99
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