HomeMy WebLinkAbout2012-09-17 RM Exhibits I
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhibit
RESOLUTION Book ✓Pages
COMMEMORATION OF CRAVEN COUNTY, NC
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WHEREAS, New Hanover County desires to acknowledge and commemorate the 3001"
Anniversary of its parent, Craven County; and
WHEREAS, New Hanover County traces its creation from Craven County, being
formed from that jurisdiction in 1729; and
WHEREAS, Craven County was the first North Carolina site for many services, such as
the North Carolina Capitol, printing press, postal service, bank, motion picture theater
;r and chartered firefighting; and
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.} 3. WHEREAS, Craven County, with its principal cities of New Bern and Havelock,
together with its numerous communities, offers a commendable social, historical and -
cultural heritage.
NOW, l'HEREFORE, BE IT RESOLVED, by the New Hanover County Board of
i Commissioners that Craven County be recognized and honored for its many contributions
to the quality of life in Eastern North Carolina.
ADOPTED this the 171" day of September, 2012. '
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board '
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Exhibit
AGENDA: September 17,2012 Book xxx✓_Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13- 042
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-042 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Keep the public informed on important information
Understand/act on citizen needs
Fund: General Fund
Department:Sheriff's OfficetSupport Services-Animal Services Unit
E enditure• Decrease Increase
Sheriffs Office/Animal Services Unit:
Printing $2,100
Contract Services $10,900
Total $ $13,000
Revenue: Decrease Increase
Sheriffs Office/Animal Services Unit:
Contributions from Escrow Account $13,000
Total $01, $13,000
Section 2: Explanation
To budget escrow funds for Animal Services Unit to create a publication and an informational brochure for
the purpose of increasing pet adoption and public awareness.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 13-042,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
Adopted,this 17th day of September,2012.
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Ted Davis,Jr.,ChAmlan
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Sheila . Schult,Clerk to the Board
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Exhibit
AGENDA: September 17,2012 Book z00(Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13- 046
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-046 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Support programs to improve educational performance
Fund:New Hanover County Schools Fund
Department:Education
E enditure: Decrease Increase
Instructional Services $3,036,615
Special Populations $176,505
Alternative Programs $939,999
School Leadership $52,344
Co-Curricular $32,115
School-Based Support $2,096,769
Support and Development $41,892
Special Population Support and Development $2,824
Alternative Program Support and Development $1,737
Technology Support $88,171
Operational Support $65,558
Financial and Human Resources $64,825
Accountability $820
System-wide Pupil Support $3,046
Policy,Leadership and Public Relations $37,731
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Nutrition Services $495
Total $3,320 72 $3,320,723
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Revenue: Decrease Increase
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Total $0 $0
i Section 2: Explanation
To adjust the funding for individual categories to conform to the final Board of Education adopted FY2012-
13 Budget Resolution.
g Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
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NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 13-046,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
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0 pVt.1T this 17th day of September,2012.
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OTed Davis,Jr.,Ch
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It,Clerk to the Board
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AGENDA: September 17,2012 Exhibit Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13- 041
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-041 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund:Sheriff-Justice Assistance Grant Program
Department: Sheriff's Office/Administration
E nditure• Decrease Increase
Sheriffs Office/Administration:
Capital Outlay-Equipment $42,410
Total $0 $42,410
Revenue: Decrease Increase
Sheriffs Office/Administration:
Grant-Federal-Justice Assistance Grant $42,410
Total $0 $42,410
Section 2: Explanation
To budget the$42,410 Justice Assistance Grant(JAG)awarded to the Sheriffs Office.These funds are for
one half the cost of blades for the helicopter used jointly by New Hanover County and the City of
Wilmington.The Board of County Commissioners approved the application for these grant funds at their
May 7,2012 meeting.There is no local match requirement.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 13-041,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
Adopted,this 17th day of September, 2012.
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Ted Davis,Jr.,Ch ' an
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Sheila L. Schult,Clerk to the-Board
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Exhibit ���,,
Book.�L�L Page � b..
AGENDA: September 17,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 13- 043
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-043 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Understand/act on citizen needs
Fund:General Fund
Department: Social Services/Child Day Care
E enditure• Decrease Increase
Social Services/Child Day Care:
Day Care Services $193,965
,j Total $0 $193,965
Revenue: Decrease Increase
Social Services/Child Day Care:
Office of Day Care-Federal/State Allocation $193,965
Total $0 $193,965
Section 2: Explanation
To budget increase in Child Day Care state allocation.The Day Care funding allocation received is
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$193,965 more than the amount budgeted for FY12-13.As of July 31,2012,there are 513 children on the
waiting list due to lack of adequate funding to meet the demand for child care in New Hanover County.
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Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 13-043,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
Adopted,this 17th day of September,2012.
70 Ted Davis,Jr.,Chairm n
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Sheila L.Schult,Clerk to the Board
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Exhibit
AGENDA: September 17,2012 Book K \,/ Page -&.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2013- 16
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-16 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Federal Forfeited Property
Department:Sheriffs Office
E nditure: Decrease Increase
Federal Forfeited Property(DOJ):
Supplies $4,159
Total L $0 $4,159
Revenue: Decrease Increase
Federal Forfeited Property(DOJ):
Federal Forfeited Property $4,159
Total $0 $4,159
Section 2: Explanation
To budget Federal Forfeited Property(DOJ)receipts of 7/9/12 for$4,159.Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The
current balance in the Federal Forfeited Property fund is$113,512.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 2013-16,amending the annual budget
ordinance for the fiscal year ending June 30, 2013,is adopted.
Adopted,this 17th day of September,2012,
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Sheila L. Schult,Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit
RESOLUTION AGAINST BULLYING Book 2M Page
WHEREAS, bullying is an increasingly prevalent societal menace in the homes, schools and communities throughout our
state and nation, and is disruptive to the efforts of students to pursue academic excellence and acquire life skills in a safe,
secure,peaceful,and harmonious environment conducive to learning without fear;and
WHEREAS, bullying is an imbalance of power carried out by repeated and systematic acts of harassment and attacks on
others by individuals and groups through verbal or non-verbal, written, or electronic communication including taunts,
gestures, name-calling, and physical violence or threatening communication intended to place the student, teacher, or other
school employees in actual or reasonable fear of harm to their person or property, and has the potential for producing
negative life-threatening consequences that are long lasting and life changing for the perpetrator and the victim of bullying;
and
WHEREAS, bullying involves harassing behavior by the perpetrator who indiscriminately targets individuals and victimizing
those who may,as stated in the North Carolina School Violence Prevention Act,actually or appear to possess differentiating
characteristics that include, but are not limited to race, color, religion, ancestry, national origin, gender, socioeconomic
status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or
sensory disability, or because the victims actually or appear to associate with persons who have or are perceived to have
one or more of these characteristics;and
WHEREAS, the National Parent Teachers Association along with the National Center for Injury Prevention and Control
acknowledge that bullying that goes unchallenged produces risk factors in the lives of the bully and the victims of bullying,
that increase the likelihood of those individuals becoming violent adults, domestic violence offenders, and/or child abusers;
and
WHEREAS, the psychological and emotional trauma that victims of bullying are forced to suffer can lead to irreparable
negative consequences associated with social isolation,anti-social behaviors, and suicide; and
WHEREAS, as mandated by the North Carolina School Violence Prevention Act, the New Hanover County School System,
along with the school systems throughout North Carolina have implemented policies and procedures to prevent, forbid, and
discourage bullying on school property,on school vehicles,and at any school-sponsored function; and
WHEREAS, bullying can be eradicated from the homes, schools, and communities of New Hanover County by parents and
adults who are educated about the dynamics of bullying,and are involved in preventing and solving incidents of bullying, are
engaging in dialogue and interacting with the children to ensure adult support and discussing techniques and strategies to
defend against bullying, and who are working with school personnel,and providing appropriate intervention as needed;and
WHEREAS,the New Hanover County Blue Ribbon Commission on the Prevention of Youth Violence (BRC)was established
in New Hanover County to help prevent youth violence and to promote tolerance and understanding throughout the schools
and community.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners offers its unequivocal
support and encouragement to every school unit and all school personnel in the New Hanover County School System to
implement and execute anti-bullying policies and procedures with all due diligence;and
BE IT FURTHER RESOLOVED,that the New Hanover County Board of Commissioners urges parents, religious institutions,
civic and community organizations to cooperate with school personnel and other child advocacy organizations to promote
anti-bullying efforts, and to take proactive measures through implementing programs, functions, events, and public
announcements to help raise awareness to and to eliminate the problems of bullying in the homes, schools, and
communities of New Hanover County.
ADOPTED this the 17'"day of September,2012.
NEW HA VER-CO NTY
ed avis,Jr., Chair4iian
it c Sheila L. Schult, Clerk to the Board
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Exhibit
1,5 Book Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSTITUTION WEEK 2012
PROCLAMATION
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WHEREAS, September 17, 2012 marks the two hundred and twenty-fifth anniversary of
the drafting of the Constitution of the United States of America by the Constitutional
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SOL. Convention; and
WHEREAS, it is fitting and proper to officially recognize this magnificent document
and the anniversary of its creation; and
§ WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations
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which will commemorate the occasion; and
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WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as
j Constitution Week.
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NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
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Commissioners that September 17 through 23, 2012 be recognized as Constitution
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Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of
the Constitution had in 1787.
0 i ADOPTED this the 17th day of September,2012.
P/A
NEW HANOVER COUNTY
Ted Davis, Jr., Clihitman
AATEST:
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Sheila L. Schult, Clerk to the Board
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t't` #4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhibit '
o PROCLAMATION Book V Page
r j DECLARING NEW HANOVER COUNTY BIG SWEEP DAY ,
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f NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
FALL LITTER SWEEPh' €
A WHEREAS,New Hanover County is rich in natural resources and beauty; and
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WHEREAS, litter from roadsides and parking lots runs off into our waterways; and ;-r
WHEREAS trash fouls our waterways, harms our wildlife and poses a public health hazard; and
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WHEREAS, North Carolina Big Sweep is a statewide community effort to retrieve trash from ��?1
North Carolinas waterways and landscapes, and NC Department of Transportations Fall Litter
Sweep is a statewide effort to clean our roadsides.
�r%, NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of ;�,�\}
�,�� Commissioners that September 29, 2012 be recognized as New Hanover County Big Sweep
41
Z 2012 Day" and that September 15-29, 2012 be recognized as "North Carolina Department of
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ransportation Fall Litter Sweep" in New Hanover County and that every citizen is urged to do
P his or her part to restore the beauty and function of our roadsides, beaches, lakes, streams, and
rivers by volunteering in these litter removal events. ;,.,
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�= ADOPTED this the 17 day of September, 2012. ..�..
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NEW HANOVER COUNTY ;'
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Ted Davis, Jr., l4ftinnan
ATT ST:
Sheila L. Schult, Clerk to the Board ;
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CHRIS COUDRIET
NEW HANOVER COUNTY County Manager
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= o OFFICE OF THE COUNTY MANAGER AVRM M.PINDER,CPA
3y 230 GOVERNMENT CENTER DR STE 195 Assistant County Manager
Z .a� WILMINGTON,NORTH CAROLINA 28403-1732
TELEPHONE(910)798-7184 TIM BURGESS
Assistant County Manager
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Exhibit '
Book. 1�Page
New Hanover County
Board of Commissioners Legislative Goals
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Amend Annexation of Non-Contiguous Areas (G. S. 160A, Article 4, Part 4) specifically 160A-
58.1 (a), first sentence, as follows: Upon receipt of a valid petition signed by all of the owners of
real property in the area described therein and receipt of a resolution of the Board of County
Commissioners approving such petition.
Ensure adequate mental health funding:
-Oppose legislation to close state-funded beds until there is adequate capacity statewide.
- Seek legislation to ensure adequate capacity of state-funded acute psychiatric beds with
funding provided to the participating county.
- Seek legislation to maintain the existing levels of state funding for community mental
health services and restore the state budget to include$20 million in Community Service
Funding for adequate Crisis Continuum in each County of the State.
Explore and authorize use of alternate, sustainable revenue options/funding sources like
licenses, taxes and/or fees for beach, inlet and waterway maintenance. (2009 CRC and CRAC
resolution; Senate DRS85164-SB-12 Beach Management Study Commission Section 2.2 (3) and
BB 1181 Study Municipal Local Option Sales Tax)
Authorize local Departments of Social Service more enforcement authority over adult care
homes in times of observed and immediate crisis or as follow up to situations deserving of more
expeditious attention.
Consider and provide guidance regarding the filing of bogus liens in the North Carolina
County Registrar of Deeds offices.
Support HB819 An Act to Study and Modify Certain Coastal Management Policies and the
State's continued study of the environmental and economic impacts of sea level rise and sea
level rise legislation, policies and/or programs.
Explore and amend/repeal HB462 Contingency Contracts for Audits/Assessments which
prohibits the use of contingency agents for collecting revenue.
Monitor SB 183 Selective Vegetation Removal/State Highways to ensure visibility of outdoor
advertising structures and accessibility via rights of way.
i
ARTICLE I. —IN GENERAL
Sec. 8-1. — Short Title.
This chapter shall be known and may be cited as "The Wilmington International Airport
Rules and Regulations."
(Code 1978, § 2.5-1)
Exhibit
Sec. 8-2. —Definitions. Book Page
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
Air traffic control tower radio control area(A TCT-RC)means the movement area,excepting the
following:
(1) Fixed base operator's aircraft parking aprons;
(2) Scheduled air carrier aircraft parking aprons;
(3) Other designated aircraft parking areas.
Airport means the Wilmington International Airport (ILM)and all its improvements and
appurtenances.
Airport director means that person employed by the airport authority to supervise the operation
and management of the airport and having immediate charge of the airport or his My authorized
representatives.
Airport employees means the bona fide employees of the New Hanover County Airport
Authority. (Airport Authority)
Airport operating area(A0A)means all movement and non-movement areas located within the
airport perimeter fence.
Airport certification manual(ACM) means that manual,prepared by the airport, which contains
the airport's plans and procedures for complying with FAR,part 139.
Airport security program (ASP)means that manual prepared by the airport which contains its
plans and procedures for complying with 49 CFR,part 1542.
Airport terminal means the building,vehicle parking and aircraft parking areas utilized to
conduct air carrier operations.
Aviation operator means any person engaged in business of an aviation nature not within the
scope of a fixed base operator, who is authorized to conduct such business by virtue of contracts
with the county.
Baggage means such articles, effects and other personal property of an airline passenger as are
necessary or appropriate for wear,use,comfort or convenience in connection with his trip. It
includes checked, unchecked and unclaimed passenger property.
Commercial operator means any other person or organization engaged in any form of business
or commercial activity of any nature not within the scope of a fixed base operator or aviation
operator,including but not limited to amusements,automobile rentals,cargo haulers, catering,
food and beverage,ground transportation,parking, etc.
Commercial passenger vehicle(courtesy car)means those vehicles other than taxicabs,which
are used in the business operations of any hotel,motel,marina or auto rental office to transport
customers between the airport and such hotel,motel, marina or auto rental office located off
airport property.
Control tower means the air traffic control tower operated by the Federal Aviation
Administration located on the airport.
Driver means any person who is in actual physical control of a vehicle.
Emergency vehicle means vehicles of the police or fire department,ambulances,or any vehicle
conveying an airport official or airport employee in response to an emergency call.
Fixed base operator(FBO) means any person who shall have entered into a written lease or
agreement with the airport authority for the use of any building,shop or hangar,or for the site
upon which such a building might be erected, and guarantees to provide on the airport and serve
the public with the following services:
(1) Hangar rental and aircraft storage;
(2) FAA-approved domestic repair station;
(3) Aviation fueling service;
(4) Tie down,line service and ground handling;
(5) Flight planning and flight service facilities;
(6) Aircraft rental;
(7) Charter-air taxi;
(8) Aircraft washing;
(9) Disabled aircraft recovery
Incursion means the unauthorized entry,either inadvertent or deliberate,of any person or vehicle
into the movement area. If the person or vehicle should enter upon a runway or taxiway,the
incursion becomes a runway or taxiway incursion respectively.
Instructor means any individual giving or offering to give instruction in the operation,
construction,repair or maintenance of aircraft, aircraft power plants and accessories,including
the repair,packaging and maintenance of parachutes.
Limousine means for-hire vehicles on call or demand which do not solicit customers
indiscriminately for hire between points along streets or highways.
Local operator means any person using the airport as a base,or locus,for the purpose of
operating any aircraft for the training of students,the demonstration and sale of aircraft,the
carrying of passengers or cargo,the repair of aircraft, charter service or the use of any aircraft,
for any commercial purposes whatsoever for hire,gift,remuneration or reward, and who, by
agreement, guarantees to maintain an office at the airport and adequate personnel for performing
these services on a full-time, annual basis.
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Lost article means any article turned into the airport public safety office by finders or others who
have no legal title or claim to the article.
Motor vehicle means every vehicle that is self-propelled.
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Movement area means the runways,taxiways and other areas of an airport that are used for
taxiing,takeoff and landing of aircraft,exclusive of loading ramps and aircraft parking areas.
Nonscheduled operator means any person using the airport for the purpose of the landing and
taking off of any aircraft whose purpose shall be the taking on or the unloading of any
passengers,mail,express, freight or cargo for hire, gift, remuneration or reward,or for the
purpose of refueling, and whose operations shall not be required to meet the regulations
demanded of a scheduled air carrier as provided by the federal government. This includes air taxi
and commercial operators of small aircraft under FAR part 135.
Passenger means any person who is embarking or debarking at the airport under the supervision
of a private aircraft operator,fixed base operator or a certified air carrier.
1 Public safety officer means law enforcement officers,crash fire rescue officers, airport manager
and his representatives, and every person authorized and empowered by the airport authority to
direct or regulate traffic and to enforce the airport rules and regulations.
Public area means those areas, including the various concessions,restrooms, terminal lobby
sections, ticketing sections and concourses used for public thoroughfares, gathering, waiting and
viewing; streets and roads; sidewalks; and all other areas normally used by the general public.
All other areas are considered operational areas, and access is permitted upon expressed consent
of the airport director.
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Refueling truck means any motor vehicle used for the transporting,handling or dispensing of
aviation fuel,oils and lubricants.
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Restricted area means all nonpublic areas of the airport, including the movement area,control
tower, utilities and service rooms or areas, airline communication offices of the airport terminal
or the control tower, and any other areas designated "restricted"by the airport director on a map
available for inspection at the office of the airport director.
Scheduled air carrier means any person engaged in the operation of any aircraft for the purpose
of transporting passengers,mail,express,freight or cargo, whose operation is either intrastate or
interstate and in compliance with all of the federal regulations,including but not limited to FAR
{ parts 121 and 127, governing or pertaining to the operation of aircraft.
Solid waste means as defined in accordance with the definition contained in 10 NCAC
I OG.0101(36).
Solid waste generator means any person who generates solid waste.
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Taxicab means any motor vehicle, seating nine or fewer customers, operated upon any street or
highway on call or demand accepting or soliciting customers indiscriminately,for hire between
such points along streets or highways as may be directed by the customers so being transported.
Vehicle means every device in repose, or by which any person or property is or may be
transported or drawn upon a highway, including bicycles.
a (Code 1978, § 2.5-2)
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Cross reference—Definitions generally, § 1-2.
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Sec. 8-3. - Previous regulations.
This chapter supersedes and cancels all other previous rules and regulations as set forth by the
county.
(Code 1978, § 2.5-3)
Sec. 8-4. - Amendments to chapter.
Future amendments,additions,deletions or corrections to this chapter may be promulgated by
the airport authority and shall be approved by the board of county commissioners in ordinance
form.
(Code 1978, § 2.5-4)
Sec. 8-5. -Special regulations, notices or directives.
Special regulations,notices,memoranda or directives of an operational nature of interest to
persons engaged in business with the county shall be issued under the authority of this chapter.
(Code 1978, § 2.5-5)
Sec. 8-6. -Conflicting regulations,
This chapter is not intended to amend, modify or supersede any provision of federal, state or
local law with which it may be deemed to be in conflict;however,this chapter shall be
interpreted, insofar as possible, so as not to conflict with any such law.
(Code 1978, § 2.5-6)
Sec. 8-7. -Enforcement.
The uniformed public safety officers or other representatives as designated by the airport
director are empowered to require compliance with this chapter.
(Code 1978, §2.5-8)
Sec. 8-8. -Penalty for violation of chapter.
As provided in section 1-6, violations of this article may be enforced by any one or more of the
remedies authorized by G.S. 153A-123, including but not limited to the following:
(1) The airport director or his designee may issue a citation which subjects the offender to a
civil penalty, as noted in the ILM rates and fees schedule, to be recovered by the airport
authority in a civil action in the nature of a debt if the offender does not pay the penalty
within 20 days after being cited for a violation.
(2) A misdemeanor warrant may be issued either immediately or upon the issuance of and
the violator's failure to pay a citation.
(3) A civil action seeking an injunction and order of abatement may be commenced.
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(Code 1978, § 2.5-9)
Sec. 8-9. -Continuing violation.
Each day's continuing failure to comply or willful violation of any rule or regulation shall
constitute a separate and distinct offense and shall be punishable as a misdemeanor by fine or
imprisonment for not more than 30 days at the discretion of the court.
(Code 1978, § 2.5-10)
Sec. 8-10.-Nonliability of the county.
The permission granted by the airport director to use the airport and its facilities, or to fly to,
from or over the airport, shall be at all times conditional upon the assumption of full
responsibility by every person exercising or taking advantage of such permission. It shall be a
further condition that each person, as a consideration for the use of the airport and for its
facilities, shall at all times release,hold harmless and indemnify the county, airport director,the
airport authority and their agents and employees from any and all responsibility,liability, loss or
damage resulting to any person,or caused by on his behalf, an incident to the manner in which
the airport is operated,constructed or maintained,or served from within or without, or used from
without. The use of the airport by any person for any purpose,or the paying of fees,or the taking
off or landing aircraft, shall be itself an acknowledgement that such person accepts such
privilege on the conditions set forth in this chapter.
(Code 1978, § 2.5-11)
Sec. 8-11.- Insurance requirements for contractors.
All contractors performing work on the airport,especially in the movement area or transiting
through the movement area, shall show evidence of insurance in kind and in amount as
established from time to time by the county. All such insurance shall name the airport authority
and county commissioners as coinsured; and the policy shall also contain a section stating that
the airport authority shall be informed, in writing,by the insurance carrier thirty days prior to
cancellation of the required insurance.
(Code 1978, § 2.5-12)
Sec. 8-12. - Airport director designated; powers and duties generally.
' The airport director shall be responsible for the operation, management and maintenance of the
airport and all connected facilities. The airport director shall at all times have authority to take
such action as may be necessary in the handling, conduct and management of the public in
attendance at the airport and enforce this chapter.
(Code 1978, § 2.5-13)
Sec. 8-13. - Accident reports.
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All persons involved in any accident,personal, aircraft or automotive, occurring on the premises
of the airport shall make a report to the public safety office as soon as possible,giving all
pertinent information as requested by the officer in charge.
(Code 1978, § 2.5-14)
Sec. 8-14.- Building requirements and ground rental.
Any person desiring to erect or construct any building on the airport shall be required to submit
plans and specifications for the construction to the airport director and to the department of
inspections of the county. The plans shall also include a general layout,drawn to scale, showing
the desired amount of ground actually required for the operation of such building in addition to
the portion occupied by the building proper. Doors on all buildings shall be self-contained. No
projection for the suspension or carrying of doors shall be permitted beyond the building line as
established by the airport authority. All buildings erected upon the airport shall conform to the
building code requirements of the state and the county and be approved by the department of
inspections and the airport director. Prior to the commencement of any construction,all licenses
and permits must be obtained.
(Code 1978, § 2.5-15)
Sec. 8-15. - Demonstrations; all others.
(a) No person shall conduct or participate in parading, marching, patrolling,demonstrating,
sitdown, assembling,distributing of pamphlets or other materials,or carrying or
displaying of signs or placards in or upon airport property without first securing approval
from the airport director.
(b) No person shall:
(1) Make any rude or riotous noise,or be guilty of any disorderly conduct on
the airport;
(2) Unlawfully write or scribble on, mark,deface,besmear or injure the walls of the
airport terminal;or
(3) Commit any nuisance on the airport.
(c) The airport director shall have the authority to arrest summarily and without a warrant
any person violating subsection (b)(1), (2) or(3)of this section.
(Code 1978, § 2.5-16)
State law reference— Disorderly conduct in public facilities,G.S. 14-132.
Sec. 8-16. -Use of sound amplifying devices.
Sound trucks and amplified record-playing machines shall be prohibited on the airport except
when approved by the airport director. Only such public address systems as are commonly
employed, announcing the arrival and departure of scheduled airline planes, shall normally be
permitted on the airport.
(Code 1978, § 2.5-17)
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Sec. 8-17. —Airport highways, streets and walks.
Airport highways and streets may be used as a means of ingress and egress by highway vehicles
to, from and between the airport streets with which such highways connect and various buildings
and land areas at the airport abutting upon such highway and streets; and sidewalks along such
highways and streets (and other portions of such highways and streets when designated for that
purpose)may be used by pedestrians as a means of ingress and egress to,from and between
various portions of the airport.
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All lost articles shall be turned in to the public safety office by the finders. Any such articles not
claimed in 60 days will be disposed of as determined by the airport director or his designee and
applicable with all state law.
(Code 1978, § 2.5-20)
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Sec. 8-19.— Business activity reports.
All commercial operators operating on the airport under a valid lease, contract or agreement or
through other such valid authority shall submit to the airport director,on a monthly basis, the
following business activity statistics on a form supplied by the airport director's office
(1) Number of enplaned passengers;
(2) Number of deplaned passengers;
(3) Number of pounds of enplaned freight;
(4) Number of pounds of deplaned freight;
(5) Number of scheduled,commercial landings; and
(6) Other business activity statistics that indicate the business activity volume requested by
the airport director.
(Code 1978, § 2.5-21)
Sec. 8-20. —8-50.—Reserved.
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ARTICLE I1. —AERONAUTICAL
Sec. 8-51. — Licenses and registrations
Only aircraft and airmen properly licensed by the Federal Aviation Administration (FAA)shall
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certificate of airworthiness. All airmen shall maintain current and proper licenses and ratings.
This restriction shall not apply to aircraft of the federal government or to aircraft licensed by
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foreign governments having a reciprocal agreement with the United States covering the
operations of the aircraft in the United States.
(Code 1978, § 2.5-32)
State law reference—Qualifications of aircraft operator.G.S. 63-20; possession and exhibition
of license certificate. G.S. 63-21; aircraft construction, design and airworthiness,G.S. 63-22.
Sec. 8-52.-Rules, regulations; instructions;guidance lines.
All aircraft in flight within the airport control zone or in motion or parked on the runways,
taxiways,aprons,hardstands or ramps of the airport shall be governed by the current Federal
Aviation Administration and General Statutes concerning flight and all written or oral
instructions of the air traffic control tower. All aircraft shall follow the appropriate taxiway and
runway guidance lines when operating on the airport.
(Code 1978, § 2.5-33)
Sec. 8-53. -Prohibiting landings and takeoffs.
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The airport director may prohibit aircraft landing and taking off at any time and under any
circumstances when the airport director deems such landings and takeoffs likely to endanger
persons or property,except for emergency landings. Further,the airport director may delay or
restrict any flight or other operation at the airport to any aircraft when any of the provisions of
this chapter are violated in any manner.
(Code 1978, § 2.5-34)
Sec. 8-54.-Restrictions.
No aircraft shall be operated on the surface of any public landing areas,public aircraft ramp and
apron area,public passenger ramp and apron area,public cargo ramp and apron area or public
aircraft parking and storage area in a careless or negligent manner or in disregard of the rights
and safety of others,or without due caution and circumspection,or at a speed or in a manner
which unreasonably endangers persons or property,or while the pilot,or other persons aboard,
controlling any part of the operation of the aircraft,is under the influence of intoxicating liquor,
or any narcotic or habit-forming drug, or if such aircraft is so constructed,equipped or loaded as
to endanger or be likely to unreasonably endanger persons or property.
(Code 1978, § 2.5-35)
State law reference—Operation of aircraft while impaired, G.S. 63-27.
See. 8-55.-Conditions of airport.
If the airport director believes the conditions of the airport to be unsafe or safe for landings and
takeoffs, it shall be within his authority to issue a notice to airmen (NOTAM) to close or open
the airport,or any portion of the airport.
(Code 1978, § 2.5-36)
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Sec. 8-56. -Engines; noises; personnel.
Aircraft engines will be warmed up only in places approved for such purposes by the airport
director. At no time will aircraft with engines running or engines being tested be left unattended
i by any person. At no time shall engines be warmed up or operated when hangars, shops,offices,
buildings,persons,equipment, passengers or aircraft landing,parked or taking off are in the path
of the propeller stream or jet engine exhaust. Starting engines shall be prohibited until proper
clearance has been given by ground personnel and until all standard safety procedures have been
met. Propeller and exhaust noises shall be kept to a minimum at all times at the airport.
i Operation of aircraft engines shall be restricted to qualified personnel.
F (Code 1978, § 2.5-37)
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Sec. 8-57. -Parking aircraft.
No person shall park an aircraft or leave it standing on a public landing area,public aircraft ramp
and apron area,public passenger ramp and apron area,public cargo ramp and apron area, public
aircraft parking and storage area, or operational area of any terminal, except at such places as
may be prescribed or permitted by the airport director. When in such an area,every aircraft shall
be adequately tied down. The landing gear of every such aircraft shall be chocked with wheel
blocks or other approved devices,except in cases where in the opinion of the airport director
proven procedures, such as those followed by the scheduled airline, are equally safe. Upon
direction from the airport director,the operator of any aircraft parked or stored at the airfield
shall move such aircraft from the place where it is parked or stored to any other designated place;
and if the operator refuses to comply with such direction, the airport director may tow the aircraft
to such designated place at the operator's expense,and without liability for damage which may
result in the course of such moving.
(Code 1978, § 2.5-38)
Sec. 8-58. -Repairs; fueling.
No person shall repair an aircraft, aircraft engine,propeller or other aeronautical equipment or
z apparatus, nor employ a certificated aircraft mechanic in any area of the airport other than that
specifically designated for such purposes by the airport director, and then only after securing a
permit, and payment of the proper fees; except that minor adjustments may be made while the
aircraft is on a loading ramp preparatory to departure. No fuel shall be placed in any aircraft by
1 any person or company except by licensed handlers of aviation fuel so licensed for this operation
by the county in accordance with article III of this chapter. It is the intention of this section to
allow individual aircraft owners to fuel their own aircraft in accordance with permits issued
pursuant to section 8-102.
(Code 1978, § 2.540)
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Sec. 8-59. -Report of damage.
Any person damaging any light or fixture by means of contact with aircraft shall report such
damage to the airport director's office or his designee immediately and shall be fully responsible
for any costs required to repair or replace the damaged facility.
(Code 1978, § 2.5-42)
Sec.8-60.-Categories of aircraft.
Aircraft shall be classified under one of the following three categories for determining fees,
charges or other purposes:
(1) Private aircraft are operated noncommercially by the owners. Flying clubs' aircraft and
corporate aircraft may qualify as private if the airport director determines that they
will be used,and are in actuality used, in a noncommercial manner(i.e.,are used solely
to provide transportation to corporation or club members).
(2) Commercial aircraft are used:
a. To carry passengers for hire on local flights;
b. For rental,hire or charter;
C. For student instruction; and
d. For other commercial purposes.
(3) Certified air carriers as follows:
a. Contract. All federally certified air carriers holding a contract with the airport
authority for airport usage.
b. Noncontract. All federally certified air carriers not covered in subsection (3)b. of
this section.
(4) Military aircraft. (no fees will be assessed against any military aircraft)
(Code 1978, § 2.5-43)
Sec. 8-61. -Aircraft equipment rules.
(a) No aircraft shall be operated on the airport unless it is equipped with a tail wheel or nose
wheel and wheel brakes,except with the permission of the airport director. When any
pilot of an aircraft that is not equipped with adequate brakes receives permission from the
airport director to taxi such aircraft,such pilot shall not taxi such aircraft near
buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the
pilot; provided, that an aircraft with wings and tail higher than five feet from the ground
which does not have adequate brakes shall not be taxied on the airport but shall be towed
if it is necessary to move such an aircraft.
(b) Pilots of aircraft shall not land, taxi or take off without a clearance from the control tower
by radio or light signal unless the air traffic control tower is closed. Pilots desiring to use
the airport during air traffic control tower closure shall broadcast on tower frequencies
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his intent and shall ascertain that the intended operation is safe and in accordance with
title 14, "Aeronautics and Space," part 91 of the Code of Federal Regulations.
(c) All aircraft based or using the airport facilities must be equipped with a properly
functioning two-way radio which, under normal conditions,is capable of reading the
tower within a five-mile radius from the airport.
(d) Transient aircraft landing at the airport without fully operational radio equipment, unless
previously approved by the control tower,except in emergencies,will obtain in person
or by telephone general instructions from the control tower prior to taxiing out for
take off.
(Code 1978, § 2.5-44)
Sec. 8-62.—Taxiing rules.
(a) No person shall taxi an aircraft until he has ascertained that there will be no danger of
collision with any person or object in the immediate area by visual inspection of the area.
(b) No aircraft shall be operated in a careless or reckless manner or taxied except at a safe
and reasonable speed.
(c) Pilots shall not taxi from the aircraft parking areas into the ATCT-RCA and shall not taxi
onto or across a runway until specifically cleared to do so by the control tower operator.
Failure to obtain the required control tower clearances shall constitute taxiway or runway
incursions.
(d) Aircraft shall be taxied in accordance with prescribed taxiing patterns at all times.
(e) No person shall start or run any engine in any aircraft unless a competent person is in the
aircraft attending the engine controls. Blocks shall always be placed in the front of the
wheels before starting the engine unless the aircraft is provided with adequate parking
brakes.
(f) No person shall run the engine of any aircraft at any location on the airport in such
manner as to cause damage to other aircraft or property or in such a manner as to blow
paper,dirt or other materials across aprons,taxiways or runways in such manner as to
endanger the safety or operations on the airport.
(Code 1978, § 2.5-45)
Sec. 8-63.—Landing and takeoffs.
(a) All aircraft will conform to the traffic patterns promulgated jointly by the FAA and the
airport director for the airport use unless otherwise specifically authorized by the FAA
air traffic control tower.
(b) Rules for the use of aircraft on all runways and the traffic patterns which shall be
followed by all aircraft using such runways shall be established jointly by the airport
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director and the FAA and supplemented where necessary or desirable by schematic
drawings,maps or other visual devices to aid in the clear understanding of such rules.
(c) Simulated forced landings are forbidden within the airport control zone without qualified,
licensed flight instructors on board.
(d) No aircraft will fly directly over the airport unless landing or taking off,or during an
emergency, at an altitude of less than 3,000 feet MSL unless otherwise instructed by the
control tower.
(e) Rotor-craft will not operate within 200 feet of any area where light aircraft are parked or
operating.
(Code 1978, § 2.5-46)
Sec. 8-64. --Noise abatement procedures.
Pilots shall use procedures that will result in minimum noise to surrounding areas. This includes
but is not limited to avoiding low-altitude maneuvers.Optimum power settings and maximum
altitudes shall be maintained consistent with safety.
(Code 1978, § 2.5-47)
Sec. 8-65. - Disabled,derelict aircraft.
Upon demand made by the airport director to the owner or operator of any abandoned,disabled
or derelict aircraft or their parts,wrongfully or improperly left upon airport property,it shall be
the duty of the owner or operator to remove the aircraft at his own expense. If after such demand
the owner or operator fails or refuses to move such aircraft within a reasonable time as
determined by the airport director from the circumstances and condition of hazard created by
reason of the presence of such aircraft at such place, the airport director shall cause the aircraft to
be impounded or stored. The cost for such removal and storage shall be charged against the
owner or operator of such aircraft and upon the payment of the charge, the impoundment shall be
released and possession of the aircraft shall be restored to the owner or operator. After such
aircraft has been impounded for a period of 90 days, the airport director shall cause the
impounded aircraft to be disposed of in accordance with the laws of the state, and all moneys,
less the cost of impoundment, storage and disposal, shall be returned to the aircraft owner or
operator.
(Code 1978, § 2.5-48)
Sec. 8-66. -Damage to airport.
The owner or operator of any aircraft which by reason of any type of accident,crash or fire, or
which by reason of malfunction or operation, causes any damage to airport property shall be
responsible to the airport authority for such damage;and the amount shall be ascertained by the
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airport director,who shall make demand upon the owner or operator for payment. In the event of
the failure or refusal of the owner or operator to pay the amount of such claim for damage,a full
report of the circumstances on which the claim is based,together with a copy of the claim,shall
be turned over to the county attorney,who shall,when directed by the airport authority, institute
in the name of the airport authority all necessary legal proceedings for collection of the claim.
(Code 1978, § 2.5-49)
Sec. 8-67. –Security of aircraft.
When the kind, type,mission and condition of an aircraft makes it necessary in the opinion of the
owner to provide security guards or police officers wherever the aircraft is located on the airport,
the owner of the aircraft shall be responsible for obtaining,providing and maintaining its own
security guards or police officers after permission to establish such security has been obtained
from the airport director or his duly authorized representative. Security requirements shall not be
used as a means to hinder or delay removal of aircraft at the direction of the airport director.
(Code 1978, § 2.5-50)
Sec. 8-68.–Stunt flying; aerobatics.
Except for public displays of aviation flight specifically authorized by the airport director to be
conducted under responsible auspices and control, violation of any of the following provisions
shall be illegal and an offense:
(1) No person shall operate an aircraft in a careless or reckless manner so as to endanger the
life or property of others by buzzing,diving or low-altitude flying.
(2) No person shall engage in aerobatic or stunt flying over congested areas or over an open-
air assembly of persons or below an altitude of 1,500 feet above the surface.
(Code 1978, § 2.5-51)
State law reference—Dangerous flying a misdemeanor.G.S. 63-18.
Sec. 8-69. –Radio equipment.
No person shall operate any radio equipment in any aircraft when such aircraft is in a hangar
during the time any maintenance,other than radio maintenance, is being performed on the
aircraft.
(Code 1978, § 2.5-52)
Sec. 8-70–8-100.–Reserved
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ARTICLE 111. FUELING AND FLAMMABLES
Sec.8-101. -General use and procedures.
(a) Fuel storage areas on the airport shall be protected by fencing at all times. Gates shall be
kept closed when not in use.Warning placards shall also be posted to warn against
inadvertent public entry.
(b) No person shall use flammable, volatile liquids having a flash point of less than 100
degrees Fahrenheit in the cleaning of aircraft, aircraft engines, propellers, appliances,or
for any other purpose unless such operations are conducted in the open air or in a room
specifically set aside and approved for that purpose, which room must be properly
fireproofed and equipped with adequate and readily accessible fire extinguishing
apparatus.
(c) The procedures and precautions outlined in the criteria of the National Fire Protection
Association (NFPA Pamphlet#410D, "Safeguarding Aircraft Cleaning,Painting and
Paint Removal," and NFPA Pamphlet#410F, "Aircraft Cabin Cleaning and Refurbishing
Operations")shall be adhered to in all cleaning,painting and refurbishing operations
using flammable fluids, including the storage of such fluids.
(Code 1978, § 2.5-62)
Sec.8-102. -Fueling operations.
No person may transport, store or dispense fuel on airport property without first obtaining a
permit from the airport director. Permit denials shall be specifically based on stated public health
and safety criteria.
(Code 1978, § 2.5-63)
Sec.8-103. - Fueling and defueling aircraft.
The following general rules shall govern the refueling, defueling,oil service and sump pumping
of aircraft,the placing of fuels in storage tanks or dispensers. Rules shall conform to NFPA
volume 407:
(1) No aircraft shall be refueled,defueled or oil serviced while aircraft engines are running,
or aircraft is being warmed by application of heat or, with the exception of oil servicing,
while such aircraft is in a hangar or congested or enclosed space.
(2) No person shall smoke or permit any open flame within 100 feet of any aircraft
undergoing fuel service or within at least 50 feet from any hangar or building.
(3) Prior to the fuel servicing of any aircraft, it and the fuel-dispensing equipment shall be
grounded to a point of zero electrical potential.
This procedure will apply to storage, dump, and the filling of dispensing equipment.
(4) When malfunctioning of refueling equipment is detected, all refueling shall cease
immediately and the malfunction remedied or entire unit replaced by another. Any
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malfunctions or irregularities detected on or within the aircraft being serviced will be
brought to the attention of the aircraft owner or operator immediately.
(5) Crews engaged in the fueling and defueling of aircraft,the filling of dispensing
equipment or dumping into storage with aviation fuels will exercise extreme caution to
prevent spills. When spills occur, servicing will cease and spills will be removed or
absorbed with suitable material.When spills of ten gallons or more occur, it is incumbent
upon the crews engaged in the fueling and defueling of aircraft to notify the airport public
safety office. Failure to notify the public safety office shall be deemed illegal and a
violation of this chapter.
(6) Fueling pumps, meters, hoses, nozzles,fire extinguishers and grounding devices will be
kept in first-class condition at all times.
(7) During fuel-handling operations in connection with any aircraft, no less than two 20 lb.
dry chemical fire extinguishers shall be immediately available for use in connection
therewith.
(8) No person shall perform or allow performance of any refueling operations during an
electrical storm.
(9) No person shall operate any radio transmitter or receiver or switch electrical appliances
off or on in an aircraft during refueling or defueling.
(10) No person shall use any material or equipment during fueling or defueling an aircraft
which is likely to cause a spark or ignition.
(11) No person shall start the engine of any aircraft when there is any gasoline on the ground
under such aircraft.
(12) All hoses,funnels and appurtenances used in fueling and defueling operations shall be
equipped with a grounding device to prevent ignition of volatile liquids.
(13) No aircraft shall be fueled or defueled while passengers are on board the aircraft unless a
passenger loading ramp is in place at the cabin door of the aircraft, the aircraft door is in
open position, and the cabin attendant is present at or near the cabin door.
(14) No airborne radar equipment shall be operated or ground tested on any area wherein the
directional beam of high-intensity radar is within 300 feet or low-intensity radar(less
than 50kw output) is within 100 feet of another aircraft, an aircraft refueling operation,an
aircraft refueling truck or aircraft fuel or flammable liquid storage facility.
(15) During refueling or defueling, fuel-handling vehicles shall be so placed so as to be
readily removable in the event of fire so as to permit direct driving away from the loading
or fueling position. Not more than one refueler shall be positioned to refuel each wing of
an aircraft, and not more than two refuelers shall be positioned to serve the same aircraft.
When high-capacity aircraft are refueled, additional refuelers shall not be parked or
positioned within 100 feet from the aircraft served, and then only in areas approved by
the airport director.
(16) Each fuel-handling vehicle shall be conspicuously marked in letters of contrasting color
with the word "Flammable" on both sides and rear of the cargo tank in letters at least six {
inches high, and with the wording "Emergency Fuel Shutoff" and other appropriate
joperating instructions required at the emergency operating devices in letters at least two
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inches high.Each fuel-handling vehicle will also be conspicuously marked on both sides
and rear with the type and grade of fuel it contains.
(Code 1978, § 2.5-64)
Sec.8-104. -Storage in apron area.
Gasoline,oil and solvent drums or receptacles shall not be stored on apron and ramp areas in
excess of amounts actually needed as current stock.Any material of this type that is kept in
subject areas will be kept enclosed and covered in a clearly marked and labeled housing with
secondary containment to prevent leaks and spills..
(Code 1978, § 2.5-65)
Sec.8-105.- Liquid disposal.
No fuels,oils,dopes,paints,solvents or acids shall be disposed of or dumped in drains,on the
ramp areas,catch basins or ditches or elsewhere on the airport. Violations shall be reported in
accordance with state and federal laws.
(Code 1978, § 2.5-66)
Sec.8-106. -Cleaning floors.
Floors shall be kept clean and free from oil.The use of volatile,flammable solvents for cleaning
floors is prohibited.
(Code 1978, § 2.5-67)
Sec.8-107.-Drip pans.
Drip pans shall be placed under motors and kept clean at all times.
(Code 1978, § 2.5-68)
Sec.8-108.-Compressed gases.
No cylinder or flask of compressed,flammable gases shall be stored in hangars.
(Code 1978, § 2.5-69)
Sec.8-109. - Explosives and other dangerous articles.
No person shall store, keep,handle,use,dispense or transport at,in or upon the airport any class
A or class B explosives (as defined in the Interstate Commerce Commission regulations for
transportation of explosives and other dangerous articles),dynamite, nitroglycerine,black
powder, fireworks, firearms and ammunition,blasting caps or other explosives, gasoline,
alcohol,ether, liquid shellac,kerosene, turpentine, formaldehyde,or other flammable or
combustible liquids,ammonium,nitrate, sodium chlorate,wet hemp,powdered metallic
magnesium,nitrocellulose film, peroxides, or other easily flammable solids or other corrosive
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liquids, prussic acid,phosgene,arsenic,carbonic acid, potassium cyanide, tear gas,lewisite or
any class A poison (as defined in the Interstate Commerce Commission regulations for
transportation of explosives and other dangerous articles), or any other poisonous substances,
liquids or gases,any compressed gas,or any radioactive article,substance or material, at such
time or place or in such manner or condition as to unreasonably endanger persons or property.
The penalty provisions of section 8-8 may be invoked after a public safety officer has given
written notice of the violation of this section and the person has failed to cure the violation
within the time specified in the notice.
(Code 1978, § 2.5-70)
Sec.8-110—8-140.— Reserved
ARTICLE IV.—VEHICLES
Sec.8-141.— Licensing and registration.
(a) No person shall operate motorized ground equipment of any kind on the airport without a
valid state operators'license.
(b) No person shall operate any motor vehicle in the AOA without having first
registered the vehicle with the airport director or his designee and obtained permission
for the operation of such equipment.
(1) The airport director may restrict vehicle operations to a certain portion or
segment of the movement areas. Such restrictions shall prohibit vehicle operations
outside designated areas.
(2) Vehicle operations must be in strict compliance with section 8-142
(3) No person shall operate a motor vehicle in the movement areas without
appropriate visual identification clearly discernible from the control tower. Such
identification shall be either an amber strobe light or amber rotating beacon.
(4) All vehicles approved for operation in the movement area shall be covered by
comprehensive automobile liability insurance as specified in the applicant's lease.
If the applicant has no lease,coverage shall be as specified in the airport schedule
of insurance limits adopted and approved by the airport authority and maintained
at the executive director's office.
(5) Upon the operator's failure to conform to the requirements of this section or to
other requirements of this chapter, or upon the termination of the operator's
employment at the airport,the airport director may deny, revoke or suspend a
permit.
(6) All commercial vehicles operating inside the airport operations area shall be
appropriately marked or placarded with the company name and/or logo and
operational amber beacon.
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(7) All vehicles operating inside the SIDA area shall be appropriately marked or
placarded with the company name and/or logo.
(Code 1978, § 2.5-81)
Sec. 8-142. - Rules of operation.
(a) No person shall operate a motor vehicle of any kind on the airport in a reckless or
negligent manner, or in excess of the speed limit prescribed by the airport director.
(b) Pedestrians and aircraft shall at all times have right-of-way over vehicular traffic.
(c) No person operating a motor vehicle on the airport shall fail to give proper signals or fail
to observe the directions of the posted traffic signs.
(d) No person under the influence of intoxicating liquor or narcotic drugs shall operate a
motor vehicle or aircraft on the airport.
(e) No person shall operate any motor vehicle on the airport overloaded or carrying more
passengers than that for which the vehicles were designed. No person shall ride on the
running board, stand up in the body of moving vehicles, ride on the outside of the body
on a vehicle, or with arm or leg protruding from the body of motor vehicles.
(f) No vehicle shall be operated on the airport if it is so constructed, equipped or loaded as to
endanger persons or property.
(g) No person shall operate a motor scooter, truck or other motor vehicle without exhaust
protected by screens or baffles to prevent the escape of sparks or the propagation of flame
in any hangar on the airport.
(h) When parking adjacent to a runway, all vehicles must park parallel to the runway and at
least 200 feet to the outside of the runway lights.
(i) When the control tower is open, no vehicle shall enter the ATCT-RCA unless specific
clearance is obtained from the control tower by radio communication with the control
tower. Before crossing any runway,all vehicles will first obtain permission to cross the
runway from the control tower by radio. Upon receiving clearance, the driver will ensure
by personal observation that no aircraft is approaching his position. Vehicles which do
not obtain proper clearance shall be reported to the airport director by the control tower.
Escort vehicles must be in continuous communication with the control tower.
(j) If a vehicle operating on the ATCT-RCA experiences radio failure,the operator must
stop the vehicle,clear of the pavement, facing the control tower, and flash the headlights
ON and OFF. The vehicle must remain stopped until the tower controller sends a vehicle
with an operable radio to assist.
(k) When the control tower is closed, only authorized service vehicles may operate in the
ATCT-RCA.
(1) All vehicles shall pass to the rear of taxiing aircraft and on the airfield side of parked
aircraft and shall pass no nearer than 20 feet horizontal distance from any wing or tail
section of a parked aircraft.
(m) Emergency conditions existing at any time in the ATCT-RCA will not mitigate or cancel
the regulations of this article. During such conditions, the driver of any vehicle,civilian
18
or military, will make certain that he does not move his vehicle in any direction unless
specifically cleared by the control tower to do so. Permits issued under section 8-141
shall be rendered invalid until the emergency situation has been alleviated. The airport
director or his authorized representative shall determine when normal operations may be
resumed.
(n) Speed limits shall be regulated as follows:
(1) No person shall drive a vehicle upon an airport public road at a speed greater than
is reasonable and prudent under the conditions then existing.
(2) No person,other than a driver of an emergency vehicle responding to an
emergency,shall drive a vehicle upon an airport public road at a speed in excess
of posted miles per hour speed limit signs.
(3) The speed limit shall be ten miles per hour on all aircraft parking aprons, ramps or
congested areas.
(4) The speed limit shall be 35 miles per hour on all runways and taxiways.
(o) No motorized vehicles shall be operated in or upon the ATCT-RCA unless its presence is
specifically required for purposes of aircraft servicing, loading or unloading,airport
maintenance or aircraft emergencies.
(Code 1978, § 2.5-82)
See. 8-143. —Loading and unloading passengers and baggage.
No motorized vehicle, whether for hire or otherwise,shall load or unload passengers or baggage
in any area on the airport except as designated for such purpose by appropriate signs or markings
upon the pavement or as authorized by the airport director.
(Code 1978, § 2.5-83)
Sec. 8-144.—Parking.
(a) No person shall park a motor vehicle for loading,unloading or any other purpose on the
airport other than in areas specifically established for parking and in a manner prescribed
by signs, lines or other means. No person shall abandon any motor vehicle on the airport.
No person shall park a motor vehicle in a manner so as to obstruct roadways,or in
aircraft parking areas,or on grass areas.
(b) No person shall park a vehicle in any space marked for parking in such a manner as to
occupy part of another parking space; nor shall any person park, stand or wait any vehicle
in any reserved or restricted areas so marked.
(c) Parking in designated public parking areas is open to all members of the public using the
airport. Employees of organizations shall utilize parking areas set aside for exclusive use
of terminal employees.
19
(d) All employees of organizations and agencies having tenancy in the airport's building area
shall park private vehicles in the employees'parking lots, if provided,as may be
designated by the airport director.
(e) All service vehicles, including utility company trucks,government-owned vehicles,
delivery trucks,etc., shall park in specially reserved and marked areas as may be
designated by the airport director.
(f) Limousine and taxi waiting and standing areas shall be those specifically reserved and
marked as may be designated by the airport director.
(Code 1978, § 2.5-84)
Sec. 8-145.—Civil Penalty.
(a) Any person violating a provision of section 8-144 shall be subject to civil penalties
(b) The civil penalty may be recovered by the airport authority in a civil action in the nature
of debt if the offender does not pay the penalty to the airport finance office within ten
days after the offender has been cited for a violation.
(c) Any employee of the airport authority may issue citations for civil penalties. law
enforcement officers may issue citations for civil penalties or for criminal or other
sanctions made available by G.S. 153A-123. In addition,if it becomes necessary the
public safety office shall have the authority to cause a vehicle to be removed pursuant to
procedures of section 8-146
(Code 1978,§ 2.5-85)
Sec. 8-146.— Impounding and repossession of vehicles.
When a public safety officer requests a tow truck pursuant to the airports' rotation list,the officer
shall remain at the vehicle until the tow truck arrives. If the operator of the vehicle arrives after
the towing request has been made but prior to the towing of the vehicle,the owner of the vehicle
shall pay the cost of the tow truck. When a vehicle is removed and impounded, the airport shall
notify the owner of the vehicle or,if the owner is unknown,shall promptly advertise the
impounding of the vehicle once in a newspaper published in the county. After advertisement,the
owner of the vehicle may redeem the vehicle upon payment of removal costs, storage costs,
advertisement costs and applicable penalties.
(Code 1978, § 2.5-86)
Sec. 8-147.—Return and removal of rental vehicles.
Each rental agency at the airport shall instruct its customers to return all rental vehicles to
designated return areas. Rental vehicles found in any unauthorized area or in violation of any
20
parking regulation shall be cited in accordance with the provisions of this article, and a fine shall
be enforceable against the owner of the vehicle.
(Code 1978, § 2.5-87)
Sec. 8-148. —Repair of vehicles.
1 No person shall clean or make any repairs to vehicles anywhere within the airport boundary
other than in a shop or other areas designated for such purposes,except minor repairs necessary
to remove such vehicles from the airport; nor shall any person move, interfere with or tamper
with any vehicle or put in motion the engine or take or use any vehicle part,instrument or tool
without the permission of the owner on satisfactory evidence of the right to do so presented to
the airport director or his designee.
(Code 1978, § 2.5-88)
Sec. 8-149. —Standing taxis and limousines.
(a) Generally. All persons desiring to operate taxis and limousines at the airport from spaces
designated for the standing of such vehicles shall comply with the requirements of this
section.
(b) Permit required. No person shall park or operate a taxi or limousine within taxi and
limousine standing area spaces designated by the airport director unless such vehicle
displays a valid sticker issued by the airport director or his designee. Stickers shall be
issued after the operator has applied for and received a permit in accordance with this
subsection. Permits shall be issued for uniform periods upon receipt of the following:
(1) Payment of a user's fee in accordance with a schedule available at the airport
director's office;
(2) Completion of an application made upon blank forms furnished by the authority
which may request the applicant's name, address, length of residence in the state,
dates and places covered, physical condition, physical description, former
employers,state chauffeur's license, a fingerprint impression and two copies of a
recent photograph.
(3) Signature of a permit agreement covering the provision of subsection (c)of this
section.
(4) Proof of satisfactory insurance as specified in the authority application.
(c) Permit compliance. Permits are conditioned upon compliance with the provisions of this
subsection:
(1) Operation of clean, non-smoking, vehicles of acceptable appearance and are in
good, safe operation.;
(2) Conspicuous posting of fare schedules in each vehicle;
(3) Satisfactory operator conduct as defined below:
i
a. Operators shall not solicit customers in areas beyond one arm's length
from his vehicle.
21
i
a
b. Operators shall not use loud,intemperate or abusive language.
(4) Maintenance of the insurance coverage required by the permit application.
(d) Permit suspension or revocation. Upon the operator's failure to conform to the
requirements of subsections (b)and (c)of this section, the airport director or his designee
may deny,revoke or suspend a permit. The operator may appeal any such action to the
designee within 14 calendar days of the action. The decision of the designee may be
appealed to the airport director within 14 calendar days of the designees' decision.
(Code 1978, § 2.5-89)
Sec. 8-150. —Taxis and limousines responding to specific calls.
Taxis and limousines which lack section 8-149 permits may respond to specific calls and may
temporarily stand in areas designated for this purpose by the airport director. "Temporary
standing" is defined as that time reasonably required to load or unload specific customers and
their baggage.
(Code 1978, § 2.5-90)
Sec. 8-151. —Commercial passenger vehicles.
(a) No person shall operate a commercial passenger vehicle at or upon the airport without
first having obtained a permit from the airport director or his designee. "Commercial
passenger vehicles" means those vehicles other than taxicabs, which are operated for the
transportation of customers between the airport and a motel,hotel,parking lot,
automobile rental office,boat marina or other such terminal off airport property.
(b) The airport director or his designee is authorized and directed to issue a permit upon
application only after finding that the issuance of such a permit would contribute to the
efficiency,safety and convenience in handling the flow of customers at the airport.
(c) The operators of such vehicles shall discharge and load passengers only at positions
designated by the airport director or his designee and shall have no right or privilege to
park at such positions beyond the time required to discharge and load passengers and
baggage, and during standby periods shall park only in areas designated and only to the
extent of space available.
(d) The cost of such permits shall be based on the schedule of total fees and charges for each
category of commercial passenger vehicle as adopted and approved by the airport
authority.
(Code 1978, § 2.5-90.1)
Sec. 8-152.— Radio equipment.
(a) Installation of two-way radios does not permit the operation of vehicles on the airport
without prior permission from the airport director.
22
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t
(b) Any vehicles that have been permitted to operate on the AOA will not proceed closer
than 200 feet from the edge of the runways nor across any of the runways prior to being
cleared by the control tower. It is the responsibility of all vehicle operators to be
conversant with the standard airport light signals,regardless of whether or not the vehicle
is radio equipped.
(Code 1978, § 2.5-91)
Sec.8-153 — 180. - Reserved
ARTICLE V.—PUBLIC AND TENANT USAGE
Sec.8-181.—Disorderly conduct.
No person shall be or become intoxicated or drunk;commit any disorderly,obscene or indecent
act,or commit any act of nuisance;nor conduct or engage in any form of gambling on the
airport.
(Code 1978, § 2.5-102)
State law reference-- Disorderly conduct at an airport, G.S. 14-275.1.
Sec. 8-182.—Sanitation; trash removal.
r
(a) No person shall dispose of garbage,papers,refuse or other material on the airport except
in the receptacles provided for that purpose; nor use a comfort station other than in a
i clean and sanitary manner; nor expectorate on the floors, walls or other surfaces of the
airport.
(b) All airport tenants shall contract or arrange for the removal of all trash, garbage,waste or
other debris that accumulates on their premises,or other areas used by any tenant. All
trash and waste containers shall be equipped with securely fastening lids,shall be
emptied with sufficient frequency to prevent overflowing and shall be cleaned with
sufficient frequency to prevent the development of obnoxious odors.
(Code 1978, § 2.5-103)
Sec. 8-183.—Preservation of property.
No person shall destroy, injure,deface or disturb in any way any building, sign,equipment,
marker or other structure,trees, flowers, lawn or other property on the airport; nor alter,make
additions to,or erect any building or sign or make any excavations on the airport; nor willfully
abandon any personal property on the airport.
(Code 1978, § 2.5-104)
23
Sec. 8-184. -Weapons,explosives and flammable materials.
No persons,except peace officers,duly authorized post office,authorized airport employees or
members of the armed forces of the United States on official duty,shall carry any weapons,
explosives or flammable materials on the airport except cased sporting guns carried for
transshipment.
(Code 1978, § 2.5-105)
Sec.8-185. - Interfering or tampering with aircraft.
No person shall interfere or tamper with any aircraft; or put in motion the engine of such aircraft;
or use any aircraft, aircraft parts,instruments or tools without permission of the owner or by
specific direction of the airport director.
(Code 1978, § 2.5-106)
State law reference—Tampering with aircraft a crime.G.S. 63-26.
See. 8-186.- Restricted areas;perimeter gates.
(a) No person shall enter restricted areas except persons assigned to duty in such areas,
passengers,and persons authorized by the airport director.
(b) All airfield perimeter gates shall be kept closed and locked at all times except when
actually in use.
(Code 1978, § 2.5-107)
State law reference—Trespass upon airport property made a crime, G.S. 63-26.
Sec. 8-187. - Use of roads and walks.
(a) No person shall travel on the airport other than on the roads, walks or places provided for
the particular class of traffic.
(b) No person shall occupy the roads or walks in such a manner as to hinder or obstruct their
proper use.
(Code 1978, § 2.5-108)
Sec. 8-188. -Animals.
(a) No person shall enter the terminal building of the airport with an uncrated animal,except
service animals that may be permitted for appropriate purposes.
24
(b) No animal shall be permitted in the baggage claim area,except service animals that may
be permitted for appropriate purposes and crated animals delivered by the airlines as
checked baggage.
(Code 1978, § 2.5-109)
Cross reference—Animals,ch. 5.
Sec. 8-189.–Conduct of business or commercial activity, solicitation and advertising.
No person shall engage in any business or commercial activity of any nature whatsoever on the
airport except with the written approval of the airport director or his designee and the airport
authority and under such terms and conditions as may be prescribed.
(Code 1978, § 2.5-112)
Cross reference—Businesses,ch. 14.
See. 8-190. –Open flame operations.
No person shall conduct any open flame operations in any hangar or on the airport unless
specifically authorized by the airport director.
(Code 1978, § 2.5-113)
Sec. 8-191.–Smoking.
No person shall smoke on the airport apron, in any hangar or shop,service station area,or in any
building, room or place on the airport where smoking is specifically prohibited,or within 100
feet of any fueling or deftieling operation.
(Code 1978, § 2.5-114)
Cross reference—No smoking policy, § 32-31 et seq.
Sec. 8-192. –Trash containers.
No person shall keep uncovered trash containers in any area. No vehicle used for hauling trash,
dirt or any other material shall be operated on the airport unless such vehicle is constructed so as
to prevent its contents from dropping, shifting, leaking or otherwise escaping. Areas to be used
for trash or garbage containers shall be designated by the airport director,and no other areas
shall be used. Such areas shall be kept clean and sanitary at all times.
(Code 1978, § 2.5-115)
Sec. 8-193.–Storage of equipment.
No tenant or lessee on the airport shall store or stack material or equipment in such a manner as
to constitute a hazard to personnel or property.
25
(Code 1978, § 2.5-116)
See. 8-194. -Maintenance.
All tenants shall be required to maintain their leased property in a condition of repair, cleanliness
and general maintenance in a manner agreeable to the airport director and in accordance with
their individual lease agreements and free from all fire hazards,
(Code 1978, § 2.5-117)
Sec. 8-195. -Fire equipment.
All tenants or lessees shall supply and maintain such adequate and readily accessible fire
extinguishers as are approved by Fire Underwriters for the particular hazard involved.
(Code 1978, § 2.5-118)
Cross reference—Fire protection and prevention,ch. 26.
Sec.8-196. -Structural and decorative changes.
No airport tenants, lessees or grantees will be permitted to effect structural or decorative changes
or additions of any type without written permission from the airport director.
(Code 1978, § 2.5-119)
Sec. 8-197. -Damages.
Airport tenants,lessees and grantees shall be fully responsible for all damages to buildings,
equipment,real property and appurtenances in the ownership or custody of the airport caused by
their negligence,abuse or carelessness on the part of their employees, agents,customers,visitors,
suppliers or persons with whom they may be doing business.
(Code 1978, § 2.5-120)
Sec. 8-198. - Metering, water and sewer connections.
Airport tenants shall file a notice of any meter installations with Cape Fear Public Utility
Authority(CFPUA).Tenants making water and sewer connections to the airport's system shall
make such connections in accordance with policies adopted by the county.
(Code 1978, § 2.5-121)
Sec. 8-199. - Payment of charges.
(a) All billings are payable upon presentation unless otherwise noted thereon.
(b) All percentages or income charges are payable within 30 days of the end of the
accounting period unless otherwise stipulated in writing.
26
F
i (c) The airport director shall have the authority to detain any aircraft for nonpayment of
any charges due to the authority.
a
(Code 1978, § 2.5-122)
Sec. 8-200. -Default of obligations.
' When any tenant, user or grantee is formally notified that he is held in default of any written or
implied obligation to the airport authority, whether it be for breach of performance or service
covenants or nonpayment,he shall thereafter be billed for all losses of revenue,expenses
incurred to reestablish performance or service, or other costs. The tenant, user or grantee will be
considered in absolute default; and appropriate lawful steps shall be taken.
(Code 1978, § 2.5-123)
Sec. 8-201. -Use of other law enforcement agencies.
If occasions arise that are beyond the capability of regular airport public safety officers, outside
:
law enforcement agencies shall be called for assistance.
a
{ (Code 1978, § 2.5-124)
i
Sec. 8-202. - Registration of persons stationed or employed on or operating from the airport.
The names, office telephone numbers and nature of business or occupation of all persons
stationed or employed upon the airport or receiving instruction on or operating from the airport
shall be registered at the administrative offices at the airport.
F (Code 1978, § 2.5-125)
l Sec. 8-203. -Registration of persons for security control keys.
(a) In order to improve security for the airport, the locks on nonexclusive terminal doors and
other selected buildings and gates are maintained and controlled by the airport director.
# Exclusive lease area locks shall be maintained by the lessee.
'a
(b) Keys for the security control system shall not be available from local locksmiths or key
cutters. Replacement keys(except tenant leaseholds) shall be available only through the
airport director's office under the following conditions:
(1) Employees will be provided the initial issue of keys at no cost at the approval of
the airport director's office.
x
s
a
(Code 1978, § 2.5-126)
F
Sec. 8-204. -Tenants'control of leased premises adjacent to movement areas.
27
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a
3
All persons leasing airport property adjacent to a movement area shall take positive actions to
control unauthorized access to the movement area, including but not limited to:
(1) Challenging all persons without airport identification badges, and requesting the public
safety office to remove unauthorized persons;
(2) During nonoperating hours,closing and locking all gates on the leasehold; and
(3) Promptly reporting any damaged fences and gates, and missing or damaged airport signs,
to the public safety office.
(Code 1978, § 2.5-127)
Sec. 8-205. —Recovery of federal civil penalties.
Should the FAA or TSA hold the airport liable for civil penalty under FAR part 139 or CFR part
1542 resulting from the direct or indirect actions, activities and/or procedures,or the lack
thereof,of an airport tenant, its officials,agents,employees and/or customers under their
jurisdiction, a civil penalty in like amount shall be assessed against the tenant.
(Code 1978, § 2.5-128)
Sec. 8-206—8-240. - Reserved
ARTICLE VI.—SCHEDULE OF CHARGES
Sec. 8-241. —Specific charges.
(a) Certificated air carrier. Schedule of rates and charges for all certificated air carriers shall
be set by the airport authority and reviewed whenever necessary and appropriate. These
fees shall include the following: landing fees, floor rental charges and any other charges
that are pertinent to the operation of the airport.These charges shall apply to all
certificated scheduled and nonscheduled air carriers desiring to use the airport without
discrimination. Landing charges will be based on a weight/minimum basis.
(b) Private and commercial aircraft. The terms and fees for such operations and a certificate
showing the scope of the operations which are authorized by the airport shall be obtained
by persons or firms desiring to enter into commercial activities. Landing fees for other
aviation or local operators shall be set from time to time by the airport authority.
(c) Placement of aircraft. The airport director reserves the right to designate specific
parking areas for use by any or all aircraft at any time.
(d) Commercial activities. Commercial activities are regulated as follows:
(1) No aircraft owner or aviation organization shall engage in any commercial
activities of any type at the airport unless prior permission and certification are
obtained from the airport director.
28
(Code 1978, § 2.5-137)
See. 8-242.—Fuel flowage charges.
(a) All full-service fixed base operators offering the sale of aviation petroleum fuels shall
collect and remit a fuel flowage charge, which shall be set by the airport authority to be
effective on July I of each year. The fuel flowage charges shall be expressed in cents per
gallon and collected on the previous month's deliveries. The charges shall be paid as
aviation petroleum fuels are placed into storage tanks,without regard to when the fuel is
sold.
(b) The fuel flowage charge is assessed on all fixed base operators and is payable separate
and apart from any operators' rent which may be based on a percentage of fuel sales.
(Code 1978, § 2.5-138)
Sec. 8-243—8-270.—Reserved.
ARTICLE VII.—MINIMUM STANDARDS FOR GENERAL AVIATION SERVICES
Sec. 8-271. —General.
(a) The Airport authority desires that certain general aviation services and activities on the
airport be furnished by and engaged in for the benefit of the general flying public and to
the benefit of civil aviation by general aviation service providers (fixed base operators
and/or special aviation services operators) who meet the standards set forth and
administered by the New Hanover County Airport Authority. Such standards are
prescribed in this article.
(b) The airport authority in recognition of its responsibilities as to exclusive rights imposed
by section 308 of the Federal Aviation Act and in certain obligations contained in certain
contracts and agreements between the authority and the United States of America relative
to the development and operation of the airport,desires and determines that all such
aeronautical activities be conducted on the airport by general aviation service providers in
a fair and equitable manner.
(c) The operating standards outlined in this section are the minimum requirements for
general aviation service providers as a condition of their fight to lease premises and
provide stated general aviation activities at the Wilmington International Airport(ILM).
(d) In the event of a direct conflict between the minimum standards policy and any
agreement entered into prior to the effective date of the minimum standards policy,the
agreement shall govern to the extent of such conflict. It is not intended in the minimum
standards policy to alter or change the rights under any pre-existing agreement,however,
29
if any pre-existing agreement requires the lessee or operator there under to comply with
airport rules or regulations, then the minimum standards policy shall be incorporated into
such pre-existing agreement as a result of such provisions and shall apply to the lessee or
operator there under to the extent that such policy is not in direct conflict with the
agreement.
(Ord. of 1-20-2004)
Note—See the editor's note to art. VII.
Sec. 8-271.5. –Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection,except where the context clearly indicates a different
meaning:
Air charter/taxi means an entity that provides on-demand, non-scheduled passenger service in
aircraft having no more than 30 passenger seats. This entity must operate under the appropriate
Federal Aviation Regulations (FARs).
Air operating area (AOA)means the ramp, apron, runway and taxiway system at the airport.
Airport authority means a corporate body that is appointed by the county board of
commissioners and serves as the governing body of the Wilmington International Airport and
adopts the policies,rules and regulations pertaining to the use of the airport and its facilities by
its tenants and the public.
Basic aircraft maintenance means the inspection, repair,calibration,preservation and preventive
maintenance or replacement of parts that does not involve complex assembly and/or specialized
mechanical skills or certifications.
County means the county of New Hanover,North Carolina that is supervised by the New
Hanover Board of Commissioners.
Fixed base operator(FBO)at the airport means only those individuals, firms or corporations that
satisfactorily furnish and engage in the full and complete range of aircraft services and activities
for the general public as required by the authority in section 8-274. FBOs may offer other
services at their discretion above and beyond the required services.
General aviation service providers means any aeronautical activity intended to secure earnings,
income,compensation or profit to corporate and/or general aviation aircraft. General aviation
service providers may be classified as either a fixed base operator(FBO)or a specialized
aviation services operator(SASO).
Repair station means an aircraft maintenance operation that is certified by the FAA and
possesses a license in accordance with FAR Part 145.
Specialized aircraft maintenance and repairs means major repairs or alterations to the airframe,
powerplant as defined in FAR Part 43.
Specialized aviation.services operator(SASO)means an aeronautical business that offers one or
a more of general aviation services not required of a fixed based operator. Authorized services
listed in this section have required minimum standards set in section 8-275
30
Specialized flight operations. Specialized flight operations are services,persons or corporations
engaged in activities specifically excluded from FAR Part 135. Examples include: banner towing
and aerial advertising,aerial photography or survey, fire fighting or fire patrol,power line or
pipeline patrol,or any other operation with written approval of the airport authority.
(Ord. of 1-20-2004)
Note---See the editor's note to ail. VII.
Sec. 8-272. —Procedures of introduction.
All parties wishing to provide aviation services at the airport shall introduce themselves to the
airport authority by using the following procedures:
(1) Request a meeting with the airport director or his designee;
(2) Submit a letter of intent to the airport director;
(3) Submit a proposal and working drawings to the airport director or the deputy airport
director; and
(4) Submit an audited financial report, or financial statements of the principals in the firm,to
the airport finance director.
(5) Final approval rests with the airport authority.
(Ord.of 1-20-2004)
Sec. 8-273.—General aviation service providers,
(a) Any general aviation service provider who wishes to engage in the business of providing
general aviation services at the Wilmington International Airport must comply with
applicable regulations and standards; local, state, and federal laws and regulations; and
the requirements and procedures established by this code.
(1) Categories of general aviation service providers: There shall be two categories of
general aviation service providers:
a. Fixed base operators(FBO)shall provide for: the sale of aviation
petroleum products,basic aircraft engine and accessory maintenance and
repair,aircraft rental, aircraft charter and taxi,tie-down,line service and
ground handling,disabled aircraft recovery, hangar rental and aircraft
storage, aircraft washing, and flight planning and flight service facilities.
b. Specialized aviation service operators(SASO) shall provide one (1)or
more of the services listed in section 8-275 and meet requirements for that
specific activity. SASOs may not engage in the sale of aviation petroleum
products or any other services required by an FBO, unless subcontracted
by a FBO.
C. The airport authority reserves the right to temporarily waive any
requirement provided a maximum time limit is set to comply.
31
(b) All applicants desiring to establish and operate an aviation operation at the airport must
furnish evidence satisfactory to the airport director and the airport authority that such
person possesses all of the following qualifications:
(1) Has never been held in default of any lease agreement, contract, license or permit
relating to the operation of a business,by a court of law or other cognizant legal
authority.
(2) A composite credit appraisal rating of"satisfactory" as determined by the
applicants' financial institution. Refusal to submit necessary information to the
applicants' financial institution for the credit appraisal shall disqualify an
applicant from further consideration.
(3) A current financial net worth showing the applicant holds unencumbered current
assets in a total amount at least equaling three months'estimated maintenance and
operating expenses. The applicant must also demonstrate that he has the capital
required or unconditional financial backing sufficient to construct all leasehold
improvements required by these standards and must unconditionally commit
himself to the construction.
(4) Employs a staff and full-time, on-site manager or supervisor with adequate
experience in the operation of general aviation operations, as evidenced by letters
of recommendation from pilots, fuel suppliers, aircraft manufacturers, or similar
organizations.
(5) Provide certificates of insurance with the county, authority and their agents listed
as additional insured for comprehensive general liability, hangar keeper and
property insurance. For general liability, the minimum liability limit per single
occurrence for bodily injury and property damage shall be that amount
determined by the airport authority. Lessee shall maintain, during the entire lease
term,fire,extended coverage and special extended coverage applicable for all real
property in the amount of 100 percent of the current replacement cost of all
properties.
For all aircraft rental and flight instruction,the minimum liability limit per
occurrence shall be that amount determined by the airport authority. '
The airport authority reserves the right to waive and/or amend requirements of
insurance limits based on the availability of insurance,cost,or just cause.
(c) All aviation operations at the airport shall be full-time, financially sound and progressive
business enterprises, with adequately staffed and equipped facilities, including office
facilities, and who observe normal or specifically required business hours.
(d) All construction required of or desired by general aviation service providers on the
airport shall be in accordance with applicable federal, state,local and ILM architectural
standards required for the facility or activity involved. Construction standards include but
are not limited to building,American Disabilities Act(ADA),and fire code requirements.
(e) All general aviation service providers shall be required to furnish the payment and
performance bonds commensurate with any construction required under the minimum
standards fixed in this article or under any contract or lease by and between any aviation
operator and the airport authority. General aviation service providers may erect any
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structure on this airport for the purpose set out in this article, as long as prior written
approval of the plans and specifications are obtained from the airport authority. The
airport authority may accept letters of credit or personal guarantee in lieu of performance
bond requirements referenced.
(f) All general aviation service providers shall conduct their activities and render their
services in a safe, responsible and efficient manner and shall be solely responsible for all
the acts of their agents and/or employees and shall save and hold the airport authority, its
agents, the county and its'agents harmless from any act of the aviation operator,its
agents and employees.
(g) All general aviation service providers shall abide by and comply with all of the laws and
ordinances of the state, the county, and the rules and regulations of the Federal Aviation
Administration.
(h) All contracts and leases between all general aviation service providers and the airport
authority shall be subordinate to the provisions of any existing or future agreements
between the airport authority, the county and the United States of America,relative to the
operation, maintenance or development of the airport,the execution of which has been or
may be required as a condition precedent to previous or future expenditure of federal
funds for the operation, maintenance or development of the airport property.
(Ord.of 1-20-2004)
Sec. 8-274. - Fixed base operators(FBO).
Fixed base operators at Wilmington International Airport(ILM)shall be subject to minimum
service standards, minimum staffing standards and minimum facility requirements as follows. A
fixed base operator will be required to provide either directly or by sublease/subcontract all of
the following services (refer to section 8-275):
Air charter/taxi.
Aircraft rental. (Exception: flight instruction. See section 8-275.)
Aircraft washing.
Basic aircraft maintenance and repair station.
Disabled aircraft recovery.
Flight planning and flight service facilities.
Hangar rental and aircraft storage.
Retail fuel and oil sales.
Tie-down, line service and ground handling.
In the case of the specific activities,the following minimum service standards shall apply.
(1) Basic maintenance and repair station.
a. Sufficient equipment,supplies,and spare parts to perform maintenance in
accordance with the FAA repair station license and FAA Part 145 as
current or amended.
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b. Uniformed and trained personnel in sufficient numbers to meet demand
for the maintenance services. Specifically, at least one A&P mechanic
available during normal business hours. One A &P mechanic shall be on
call at all other times.
(2) Aircraft rental.
a. The operator shall have at least one airworthy aircraft suitably maintained,
certificated and equipped for flight under instrument conditions.
b. Proper checklists and operating manuals for the aircraft.
C. There shall be available during required operating hours,a properly
certificated pilot capable of checking out rental aircraft to unfamiliar
customers. Any employee designated by the FBO operator may check out
regular customers with prior rental records.
(3) Air charterltaxi.
a. The operator must be certified by the FAA under FAR Part 135,with
ratings appropriate to and licensing of the functions to be accomplished.
b. The operator shall have at least one airworthy aircraft suitably maintained,
certificated and equipped for flight under instrument conditions.
C. The operator shall provide qualified and appropriately rated personnel.
d. Provide personnel, servicing and equipment of servicing passengers and
for handling freight, luggage,and ticketing. Make available transportation
for transient passengers and pilots(i.e. access to a taxi,shuttle,or crew
car)
(4) Tie down, line service or ground handling.
a. Personnel and equipment, with never less than one person on duty on the
leased premises at all times during required hours of operation.
b. Aircraft parking and tie-down facilities and equipment,including ropes,
chains, wheel chocks,and any other types of restraining devices suitable
to accommodate at least 15 aircraft.
C. Ground support equipment for the turnaround of aircraft,including
energizers,and starters,ground power units, fire extinguishers and an
auxiliary power unit.
d. Transportation for transient passengers and pilots(i.e. access to a taxi,
shuttle or crew car).
e. Equipment, parts and personnel for performing minor maintenance such as
inflating aircraft tires, window cleaning and interior cleaning.
(5) Disabled aircraft recovery.
a. Aircraft towing and other equipment as necessary for removal of disabled
aircraft from the runway, taxiway or other operational areas on the airport.
b. Aircraft towing and other equipment as necessary for retrieval of disabled
aircraft from any landing area off the airport.
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C. Trained and experienced personnel as necessary to operate the equipment
identified above in a timely and efficient manner
(6) Retail oil and fuel sales.
a. Retail aviation fuel sales fully trained and qualified service personnel to
dispense aviation fuels and lubricants on the premises during all hours of
operation
b. FBOs shall dispense aviation fuels and lubricants to aircraft in the customs
area in accordance with the policies and procedures set forth by the
Department of Homeland Security and U.S. Customs. FBO personnel and
vehicles shall have proper identification/markings,credentials and
equipment prior to entering the customs area.
C. At least two metered,filter-equipped fueling trucks adequate for
dispensing aviation fuels. Trucks shall meet all applicable safety and other
regulatory requirements.
d. Construct and maintain permanent,above ground, aviation fuel storage
facilities for a minimum of 10,000 gallons of both Jet A and 100 LL
aviation fuel. Maintenance shall be in accordance with all applicable
airport, county,state, and federal laws, rules and regulations.
e. FBOs shall maintain a current spill prevention control and counter
measure (SPCC)plan. The plan shall be maintained and updated in
accordance with 40 CFR 112.A copy shall be provided to the airport
director.
(7) Hangar rental and aircraft storage.
a. A FBO shall provide a minimum of a 10,000 square foot hangar,
excluding aircraft maintenance hangar and any hangars leased from the
airport.The total square footage may be a combination of open bay and
private hangar space.
b. FBO managers shall provide a periodic review of their vacant hangar
space and make provisions to build additional hangars as required to meet
reasonable market demands.
C. The following items shall not be stored in FBO aircraft hangars:
containers of flammable liquids,paint thinners,fuels, volatile materials,
uncovered waste containers,compressed gasses and other items which
may cause a fire hazard.
(8) Flight planning and flight service facilities.
a. A flight planning facility equipped with adequate communication, local
navigation,weather information, and other necessary flight planning
materials.
b. Sales counter to offer a variety of pilot supplies, navigation and flight
planning materials, safety equipment and aircraft, equipment and
accessory manuals.
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(9) Optional permitted services. FBOs may provide, at their discretion and with the
approval of the airport authority, any of the authorized services provided by a
SASO as described in section 8-275
a. Minimum staying standards. An FBO offering any of the services listed herein
shall have at a minimum one employee(with ratings appropriate to the work to be
performed) on-site during all control tower operations. At all other times, the FBO
shall have one person available, on call, to respond to customer inquiries and
airport emergencies. In addition, minimum service, management and staffing
standards for the activities listed above shall be provided. Multiple responsibilities
may be assigned to personnel to meet personnel requirements for required
activities.
b. Minimum FBO facility standards.
1. Lease. The leasehold shall contain a minimum of ten acres of land to
provide for the specific use area requirements established for the services
of the following required multiple activities: aircraft maintenance and
repairs, aircraft rental,air taxi service and/or cargo,plus the requirements
set out in this section for the dispensing of aviation fuel and lubricants and
hangar rental. (Specific use spaces need not be additive where
combination use can be reasonably and feasibly established.)
2. A building containing 6,000 square feet to provide adequately maintained
and heated space for office,public lounge,pilot briefing room and
restrooms must be leased or constructed. Aircraft hangar rental space shall
be a minimum of 10,000 square feet. Repair stations must provide a
separate hangar facility with minimum shop and floor space for FAA
repair station certification.
3. Ample public amenities for their customers to include a conveniently
located,heated and air-conditioned lounge and separate sanitary restrooms
for men and women, public telephone service,pilot briefing room and
snack and/or beverage vending services available during required hours of
operation.
4. Sufficient facilities and/or procedures for washing aircraft. Should any
new building be constructed over 500 feet from an existing fire hydrant,
the authority may require the installation of a new hydrant.
5. Paved off-street parking outside of the air operations area(AOA), but
within the leased premises,for a minimum number of automobiles as
specified by governmental regulations.
6. Electronic security gate with closed circuit camera monitoring and
continuous recording equipment to restrict unauthorized access to the
ramp.
C. Other items required by a fixed base operator.
1. Operators shall have a minimum of three aircraft, one of which must be
twin-engine,owned or under the direct control by the lessee and based on
the lessee's leasehold.
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' 2. All equipment specifically required for each required activity and elected
additional activities must be provided with appropriate company
identification markings, rotating beacon and radio equipment to move on
the AOA.
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3. All fixed base operators shall make a minimum capital investment, prior to
commencing operations,in buildings and equipment,exclusive of any
aircraft value,of$2,000,000.00. Receipts, invoices or other documentation
shall be deposited with the airport finance director to verify compliance
with this requirement.
4. Fixed base operators shall provide insurance in amounts specified in
section 8-273(5). Companies providing such insurance will be subject to
airport authority approval.
(Ord. of 1-20-2004)
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3 Sec. 8-275. —Specialized aviation service operators (SASO).
(a) SASOs at Wilmington International Airport shall be subject to minimum service
standards, minimum staffing standards and minimum facility requirements as follows.A
SASO can operate through a direct lease with the airport authority or through an authority
approved sublease/subcontract with a fixed base operator or other SASO,provided it
meets the insurance requirements in section 8-273(5).
(b) Minimum service standards. Aviation services permitted to be conducted, if permitted by
the applicable lease,by a SASO or that may be undertaken by a fixed base operator at its
option may include, but shall not be limited to the services listed herein. SASOs may not
engage in any of the required services described in section 8-274 unless contracted by
one of the approved FBOs at Wilmington International Airport.
Aircraft sales.
i
Aerial survey.
Avionics repair.
Flight instruction.
Instrument or propeller services.
Specialized aircraft maintenance and technical services.
(1) Aircraft sales. A SASO offering aircraft sales shall have one person with a current
commercial pilot's certificate with rating appropriate for the type of aircraft to be
demonstrated as well as adequate staffing to service aircraft and accessories
during warranty periods (new aircraft only).
(2) Specialized Aircraft maintenance and repairs. A SASO offering specialized
maintenance shall have one uniformed and trained mechanic certified by the FAA
as an A & P mechanic with ratings appropriate for work being performed with
sufficient personnel,equipment, supplies and availability of parts to maintain a
proper FAA repair station certificate/license in accordance with FAA Part 135.
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The office shall be attended during required operating hours as well as have an
on-call certified mechanic for emergency services.
(3) Avionics repair SASOs desiring to provide a radio or instrument or repair must
hold a FAA repair station certificate and rating. One FAA certified repairman
qualified in accordance with the terms of the repair station certificate must be
provided.The hours of operation shall be from 8:00 a.m.to 5:00 p.m.,five days
per week with on-call service for emergency repairs.
(4) Instrument and propeller repair services. SASOs desiring to provide propeller
repair service must hold a FAA repair station certificate and rating. One FAA
certified repairman qualified in accordance with the terms of the repair station
certificate must be available from 8:00 a.m. to 5:00 p.m., five days per week with
on-call service for emergency repairs during weekends.
(5) Flight instruction. A SASO offering flight instruction services shall make
available for flight training at least two certificated and currently airworthy
aircraft, including at least one aircraft suitable for instrument flight instruction.
These aircraft may be owned or leased.
(6) Specialized commercial flight operations. Specialized commercial flight operators
must have one person with a current commercial pilot's certificate with
appropriate rating for the aircraft to be flown.
(c) Minimum SASO staffing standards. A SASO offering any of the services listed herein
shall have at a minimum an employee(with ratings and appropriate training certificate (if
required) and experience in the performance of specialized commercial flight operations
appropriate to the work to be performed)on-site from 8:00 a.m. to 5:00 p.m., five days
per week,as a minimum.At all other times,the SASO shall have one person available,
on call, to respond to customer inquiries. In addition, minimum service, management and
staffing standards for the activities listed above shall be provided.
(d) Minimum SASO facility requirements.
(1) Where the SASO has a direct lease with the airport authority,the ground
leasehold shall not be less than two acres of land,and the SASO shall construct
and/or lease at a minimum:
a. Aircraft hangar, shops,or facilities with segregated chemical storage area
protected from public access not less than 2,000 square feet.
b. A centrally drained, paved apron area with access to hangars large enough
to accommodate aircraft operated by the SASO and meet reasonable
demands for customer aircraft
C. An office or administrative facility of not less than 1,000 square feet,
adequate to accommodate an office,customer lounge,public telephone,
and public sanitary restroom facilities.
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d. Paved off-street parking outside of the AOA, but within the leased
premises, for a minimum number of automobiles as specified by
governmental regulations.
e. Electronic security gate to restrict unauthorized access to the ramp.
f. The authority may require the SASO to provide a new fire hydrant within
their leased premises.
(2) Any SASO performing activities or services under a sublease shall have sufficient
office space, hangar space, ramp area, tie-down area, public areas,parking spaces
and other facilities and amenities adequate to support its commercial activity and
as specified by governmental requirements.
a. Prohibited SASO services. A SASO shall be prohibited from the sale or
dispensing of aircraft fuels. Any person desiring to sell or dispense
aviation fuel must enter into a lease with the airport authority as a fixed
base operator and meet the requirements of such an operator.
b. SASOs shall provide insurance in amounts specified in section 8-273(5).
Companies providing such insurance shall be subject to airport authority
approval.
(Ord.of 1-20-2004)
Sec. 8-276. - Hangars and associated buildings to be constructed on the airport.
(a) The airport authority shall determine the need for new hangars at the airport, whether
they be for general aviation, corporate,or commercial aircraft. Furthermore, the airport
authority shall maintain control of hangar construction.
(b) The airport authority shall endeavor to promote hangar development for general aviation
through the FBOs, and where possible,will give deference to the FBOs on other hangar
facilities. The airport authority may delegate the construction and management of hangars
to a third party of its choice.
(c) All hangars shall comply with ILM's architectural standards and must be constructed with
properly designed doors and shall be stressed for hurricane area winds of 120 miles per
hour or as dictated by local, state and national building requirements. Floors and ramps
shall be of concrete with properly compacted subgrade of sufficient design load strength
to sustain all types of aircraft that may use the facility. Buildings shall be of metal or
masonry construction or any other comparable fire-resistant material and shall be
properly fireproofed in accordance with the local fire marshal and NFPA requirements.
Sufficient hose connections, oil and water separators for washing of aircraft,
washing ramps or other purposes may be installed. Construction of hangars shall include
adequate paved,off-street parking in accordance with governmental requirements and
installation of an electronic security gate for controlled vehicle access. In addition, the
authority may require a new fire hydrant if the new facility is more than 500 feet from an
existing fire hydrants.
(Ord. of 1-20-2004)
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Sec. 8-277—8-310. — Reserved
ARTICLE VIII.—SITE DESIGN STANDARDS
Sec. 8-311. —Generally.
The quality guides given in this article for site design at the airport shall be used by all persons
desiring to construct improvements on the airport property.Where conflicts arise between these
quality guides and the county code of building regulations,the more restrictive covenant shall
apply.
(Code 1978, § 2.5-164)
Sec.8-312. —Plans.
The prospective lessee of an airport site shall submit a site and structural plan and other data
needed to evaluate the prospective emplacement. Four(4)copies of such drawings shall be
submitted to the airport director for review.
(Code 1978, § 2.5-165)
Sec. 8-313. —Structures generally.
All airport structures shall utilize materials selected for their high quality, permanent
attractiveness and ease of maintenance. Structures shall be well maintained and not allowed to
become deteriorated in appearance. In the industrial park,concrete block,cinder block or metal
siding may be permitted for outside facing of exterior walls as approved by the airport director.
(Code 1978, § 2.5-166)
Sec. 8-314.— Landscaping.
All airport lot areas not utilized by structures,parking areas or vehicular ways shall be
landscaped. Landscaping materials shall be chosen for its permanence,attractiveness and ease of
maintenance. Plant materials that may attract wildlife shall be avoided. Landscaped areas shall
be maintained at all times by tenant.
(Code 1978, § 2.5-167)
Sec. 8-315. —Structure height.
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All airport structures must meet height limits set by the airport height zoning ordinance
[appendix A, section fV] and the county.
(Code 1978, § 2.5-168)
Sec. 8-316. - Access and parking.
Paved off-street parking space shall be provided for all employees, visitors and service vehicles
at the airport. All ingress and egress to the site shall be indicated on the site plan.
(Code 1978, § 2.5-169)
Sec. 8-317. -Lot use and coverage.
Airport structures may not cover more than 50 percent of any lot and must be set back at least 60
feet from the street right-of-way. Structures must also be set back at least 30 feet from side and
rear property lines. Paved parking areas will not be considered as structures. Parking spaces for
visitors and managerial personnel may be placed between the structure and the street right-of-
way if screened and landscaped in a manner acceptable to the airport authority. Such parking
areas,however, may be no closer than 30 feet to any street right-of-way.
(Code 1978, § 2.5-170)
See. 8-318. -Loadin g docks.
Airport loading docks facing streets will not be permitted.
(Code 1978, § 2.5-171)
Sec. 8-319. -Easements.
The county reserves the right to require necessary easements in setback areas for further utility
development within the airport.
(Code 1978, § 2.5-172)
Sec. 8-320.-Signs.
Signs must have the approval of the airport director. Signs shall be restrictive to identification,
with no selling other than use of trademarks or copyright slogans. Signs shall be erected only on
buildings, and this only below roof level. Where such erection is inappropriate to the architecture
of the building,other signs approved by the airport director shall be considered. There shall be
no animated or flashing signs. If signs are to be floodlighted, lights must be so arranged that they
will not interfere with aircraft traffic safety devices nor with vehicular traffic.
(Code 1978, § 2.5-173)
Sec. 8-321. -Fencing and screening.
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Fences and other screening devices at the airport shall meet architectural standards and have the
approval of the airport director. Screening shall be so placed as not to interfere with sight
distances from vehicles or detract from the facility appearance.
(Code 1978, § 2.5-174)
See. 8-322. -Air pollution and industrial waste.
Control devices on the airport shall suppress all odors, smoke, gases or airborne refuse. In no
case shall airborne refuse be allowed where detectable,except by sight,beyond the property line
of the lot where it originated. Effluent emptied into sewers shall be permitted only where
acceptable to Cape Fear Public Utility Authority(CFPUA),
Sec. 8-323. -Accumulations of inorganic materials.
Dirt,sawdust and similar inorganic materials resulting from business operations on the airport
must not be allowed to accumulate for more than one week and shall not be allowed to fall in
neighbors'lots at any time.Areas to be used for accumulation shall be shown in the site plan and
shall be screened beyond identification from streets or neighboring lots.
(Code 1978, § 2.5-176)
Sec. 8-324.- Exterior equipment.
Exterior tanks,heat pumps, air conditioning towers and similar exterior equipment on the airport
must be screened by landscaping beyond identification or fenced in a manner satisfactory to the
airport authority. Manufacturing plants involving special industrial equipment will be given
special consideration by the authority.
(Code 1978, § 2.5-177)
Sec. 8-325.-Outdoor storage.
Outdoor storage on the airport shall be prohibited generally. However,manufactured products
primarily meant for outdoor use, such as aircraft,agricultural equipment and automobiles,may
be stored in front yard setback areas if kept in neat array and if approved by the airport director.
(Code 1978, § 2.5-178)
Sec. 8-326-8-360.- Reserved.
ARTICLE IX-MINIMUM STANDARDS FOR CORPORATE HANGARS
See. 8-361. - Plans.
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Prospective airport lessees shall submit a site and structure plan and other data needed to
evaluate the prospective emplacement. Four(4)copies of such drawings shall be submitted to the
i airport director for review. All construction must comply with all local,state and federal
regulations and permits.
I
(Code 1978, § 2.5-189)
Sec. 8-362. —Structures generally.
E (a) All hangar structures shall utilize materials selected for their high quality, permanence,
attractiveness and ease of maintenance. Structures shall be well maintained and not
! allowed to deteriorate in appearance. The lessee shall remedy any corrective maintenance
requests received from the airport authority within 30 days of written notice by the
airport authority.
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(b) Hangar structures shall consist of the minimum of 4,800 square feet. Hangar floors shall
be paved throughout. If asphaltic material is used, a sealer shall be applied to prevent
corrosion caused by petroleum products.
(c) Construction shall not interfere with airport instrument approach systems. All structures
shall meet the height limits set by the airport height zoning ordinance [appendix A,
section IV] and the county.
(Code 1978, § 2.5-190)
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Sec. 8-363. — Landscaping.
Hangar landscaping shall be accomplished where practical and shall not attract wildlife.
i (Code 1978, § 2.5-191)
Sec. 8-364.—Access and parking.
3
Paved parking area and ingress and egress to hangars shall be indicated on the site plan.
(Code 1978, § 2.5-192)
Sec. 8-365. —Easements.
The county reserves the right to require necessary easements in leased areas for future utility
development within the airport.
(Code 1978, § 2.5-193)
Sec. 8-366. —Signs.
Signs must have the approval of the airport director prior to installation.
(Code 1978, § 2.5-194)
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Sec. 8-367. –Storm and sanitary drainage.
Effluents entering storm or sanitary drainage systems on the airport must be free of all petroleum
products.When petroleum spills are expected, the necessary filter systems shall be installed in
accordance with existing regulations.
(Code 1978, § 2.5-195)
Cross reference—Utilities,ch. 56.
Sec. 8-368.–Outside storage.
Outside storage shall be prohibited under this article. Accumulations of trash,equipment and
vehicles shall not be allowed.
(Code 1978, § 2.5-196)
Sec. 8-369.– Utility costs.
Tenants shall pay all utility costs for that portion of the paving between a tenant's hangar and the
public taxiway. If asphaltic material is used for this paved connection,it shall also be treated
with a sealer to prevent petroleum erosion.The cost of water, sewer and power utility
connections shall also be borne by the tenant.
(Code 1978, § 2.5-197)
Sec. 8-370. –Ownership of improvements.
Ownership of all hangar improvements shall revert to the airport authority at the end of the
original lease,
(Code 1978, § 2.5-198)
Sec. 8-371.–Tenants' aircraft.
The tenants'aircraft shall be based at the airport,and the corporate hangar facility shall not be
used to house any other aircraft not owned by the tenants.
(Code 1978, § 2.5-199)
Sec. 8-372.–Fuel facility.
(a) The fuel facility may be authorized upon written request to the airport authority providing
tenants shall pay to the airport authority a fuel flowage fee per gallon on all fuels
delivered to the tenants' facilities or a monthly fee to be determined by the authority. The
fuel facility shall pay the fuel flowage fee per gallon or the monthly fee,whichever is
greater.
(b) In addition, the tenants shall pay to the airport authority,a fee to be determined by the
airport authority,on all oil delivered to the tenants' facilities. Payments shall be supported
by a duplicate invoice from the wholesale vendor upon delivery.
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(c) The airport authority reserves the right at its own discretion to increase or decrease the
amount of such license,privilege charge or tax but agrees that in the event of any
increase or decrease,such increase or decrease shall be uniform to the tenant and to all
such tenants,licensees and lessees using the corporate facilities of the airport.
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(Code 1978, § 2.5-200)
Sec. 8-373. -Fuel sales prohibited.
No fuel or oil sales shall be authorized to any outside parties, nor shall a tenant under this article
perform repairs or other servicing to aircraft, vehicles or equipment belonging to outside parties.
(Code 1978, § 2.5-201)
Sec. 8-374. - Insurability.
Tenants under this article shall insure facilities for 90 percent current,annual replacement costs
of facilities.The airport authority shall be named additional insured,and a current certificate of
insurance with a 30-day prior notice of cancellation shall also be furnished to the airport director.
(Code 1978, § 2.5-202)
Sec. 8-375. - Indemnification.
A tenant under this article shall execute a bold-harmless and indemnification clause with the
airport authority and county.
(Code 1978, § 2.5-203)
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