2016-01-19 RM Exhibits Exhibit
Book AL Page J- 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ORDINANCE
AMENDING NEW HANOVER COUNTY CODE CHAPTER 8 AVIATION
The Board of County Commissioners of New Hanover County hereby ordains and enacts that New
Hanover County Code Chapter 8, Aviation, Article VII, "Minimum Standards for General
Aviation Services at ILM" is amended as follows:
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 49 USC§ 47101, FAA AC 150/5190-7 series and in certain obligations contained in
certain contracts and agreements between the Airport 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 right 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,
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.
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:
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Air Charter/Taxi: An entity that provides on-demand, non-scheduled passenger service in
aircraft having no more than thirty(30) passenger seats. This entity must operate under the
appropriate Federal Aviation Regulations (FARs).
Air Operating Area (AOA): The ramp, apron, runway and taxiway system at the airport.
Airport Authority: A corporate body that is appointed by the New Hanover 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.
Aircraft maintenance: The inspection, repair, calibration, preservation and preventive
maintenance or replacement of parts that falls within the scope of work that can be performed by
an A&P Mechanic or IA and may require the need of a certificate issued under FAR Part 145.
County: The County of New Hanover, North Carolina that is supervised by the New Hanover
Board of Commissioners.
Fixed Base Operator(FBO): 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 Airport Authority in Sec. 8-274. FBOs may offer other services
at their discretion above and beyond the required services.
General Aviation Service Providers: 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).
Independent Operators: Is an individual operator who has been permitted by the Airport
Authority to perform a single-service aeronautical activity on the airport such as maintenance,
aircraft washing, etc. The permit will provide a level of regulation and compensation
satisfactory to the airport. This permit may require an annual fee or percentage of the operator's
gross receipts.
Repair Station: An aircraft maintenance operation that is certified by the FAA and possesses a
license in accordance with FAR Part 145.
Specialized Aviation Services Operator (SASO): SASOs are sometimes known as single-service
providers or special FBOs performing less than full services. These types of companies differ
from a full service FBO in that they typically offer only a specialized aeronautical service such
as aircraft sales, flight training, aircraft maintenance, or avionics services, for example.
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.
Sec. 8-272. —Procedures of introduction.
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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;
(2) Submit a letter of intent to the Airport Director;
(3) Submit a proposal and working drawings to the Airport Director and
(4) Submit an audited financial report, or financial statements of the principals in the firm, to
the Airport Director.
(5) Final approval rests with the Airport Authority.
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 ILM must comply with applicable regulations
and standards; local, state, and federal laws and regulations; and the requirements and
procedures established by this code.
There shall be two categories of General Aviation service providers:
(1) 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.
(2) Specialized Aviation Service Operators (SASO) shall provide one (1) or more of
the services listed in Sec. 8-275 and meet requirements for that specific activity.
(b) The Airport Authority reserves the right to temporarily waive any requirement provided a
maximum time limit is set to comply.
(c) All applicants desiring to establish and operate an aviation operation at the airport must
furnish evidence satisfactory to the Airport Authority and the Airport Director 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 or Dun & Bradstreet
(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.
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(4) Employs a staff and full-time, on-site manager or supervisor with adequate
experience in the operation of General Aviation operations to the reasonable
satisfaction of the Authority.
(d) All construction required of or desired by General Aviation service providers on the
airport shall be in accordance with applicable, 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.
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,New Hanover 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.
(i) All General Aviation service providers shall provide certificates of insurance with the
County, Airport 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. Companies providing such
insurance will be subject to Airport Authority approval.
Sec. 8-274. — Fixed Base Operators (FBO).
(a) FBOs at ILM shall be subject to minimum service standards, minimum staffing standards
and minimum facility requirements as follows. An FBO will be required to provide either
directly or by sublease/subcontract all of the following services:
(b) In the case of the specific activities, the following minimum service standards shall
apply.
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(1) Aircraft Maintenance and Repair
a. Sufficient equipment, supplies, and spare parts to perform maintenance
and repairs with personnel who are currently certified by the FAA with
ratings appropriate to the work being performed and who holds an
airframe, power plant, or aircraft inspector rating; or(2) maintain a current
FAR Part 145 Certificate
b. Uniformed and trained personnel in sufficient numbers to meet demand
for the maintenance services. Specifically, at least one (1) A & P mechanic
available during normal business hours. One (1) A & P mechanic shall be
on call at all other times.
(2) Tie down, Line Service or Ground Handling.
a. Adequately trained personnel and equipment, with never less than one (1)
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 car for
hire, shuttle or crew car).
e. Equipment, parts and personnel for performing minor maintenance such as
inflating aircraft tires, window and interior cleaning, and aircraft washing.
(3) 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.
c. Trained and experienced personnel as necessary to operate the equipment
identified above in a timely and efficient manner
(4) 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
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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 (2) 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 ten thousand (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.
(5) Hangar Rental and Aircraft Storage
a. A FBO shall provide at least one aircraft storage hangar for the permanent
and itinerant storage of aircraft. The hangar shall meet the Minimum
Standards for storage hangars under Minimum FBO Facility Standards set
forth below.
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.
(6) Flight Planning and Flight Service Facilities
a. A flight planning facility equipped with adequate communication and
other necessary flight planning materials.
(c) Minimum Staffing Standards. An FBO offering any of the services listed herein shall
have at a minimum two (2) employees (with ratings appropriate to the work to be performed) on-
site during normal business hours. At all other times, the FBO shall have one (1) 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 staffing requirements
for required activities.
(d) Minimum FBO Facility Standards
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1. The leasehold shall contain the appropriate acreage to provide for the specific use
area requirements established for the services of the following required activities:
aircraft maintenance and repairs, 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 to provide adequate and heated space for office, public lounge, pilot
briefing room and restrooms must be leased or constructed. Aircraft hangar rental
space appropriate for the type of aircraft to be stored. For FBO's with an FAA
certificated repair station a separate hangar facility with minimum shop and floor
space is required.
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.
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
New Hanover County
6. Electronic security gate with closed circuit camera monitoring and
continuous recording equipment to restrict unauthorized access to the
ramp.
(e) Other Items Required by an FBO
1. 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.
(a) A SASO can operate through a direct lease with the Airport Authority or through an
Airport Authority approved sublease/subcontract with an FBO or other SASO, provided
it satisfies the Minimum Standards. SASOs at ILM shall be subject to minimum service
standards, minimum staffing standards and minimum facility requirements as follows.
(b) Minimum Service Standards. Aviation services permitted to be conducted, if permitted
by the applicable Lease, by a SASO may include, but shall not be limited to the services
listed herein.
(1) Aircraft sales. A SASO offering aircraft sales shall have one (1)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).
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(2) Aircraft Maintenance and Repairs. A SASO offering maintenance and repairs
shall have one (1) uniformed and trained mechanic certified by the FAA as an A
& P mechanic with ratings appropriate for work being performed with sufficient
equipment, supplies and availability of parts to maintain the operation. The office
shall be attended during hours set by the SASO.
(3) Avionics Sales, Installation and Repair. SASOs desiring to provide a radio or
instrument or repair must hold a FAA repair station certificate and rating. One (1)
FAA certified repairman qualified in accordance with the terms of the repair
station certificate must be provided. The hours of operation shall be as set by the
SASO.
(4) Instrument and Propeller Repair Services. SASOs desiring to provide propeller
repair service must hold a FAA repair station certificate and rating. One (1) FAA
certified repairman qualified in accordance with the terms of the repair station
certificate must be available during hours set by the SASO.
(5) Flight Instruction. A SASO offering flight instruction services shall make
available for flight training currently airworthy aircraft, including at least one(1)
aircraft suitable for instrument flight instruction. The aircraft may be owned or
leased.
(6) Specialized Commercial Flight Operations. Specialized commercial flight
operators must have one (1) person with a current commercial pilot's certificate
with appropriate rating for the aircraft to be flown.
(7) Aircraft Washing and Detailing. Sufficient facilities and/or procedures as per the
ILM NPDES permit.
(c) Minimum SASO Facility Requirements.
(1) Where the SASO has a direct Lease with the Airport Authority, the ground lease
and facility requirements will be determined by the authority based on the specific
operation to be conducted and will be provided for in the lease.
(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.
Sec. 8-276. —Hangars and Associated Buildings to be Constructed on the Airport.
All structures constructed or installed by GA Service Providers shall comply with ILM's
Architectural Standards and must be constructed with properly designed doors and shall be
stressed for hurricane area winds 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
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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
must 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 Airport Authority may require a new fire hydrant if the
new facility is more than five hundred (500) feet from an existing fire hydrants.
ADOPTED, this the 19 day of January 2016.
Ok}NTY•N
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06 New Hanover County
'Z y if- Ilu a Beth Dawson, Chairman
ATTEST: f�S ISHf4��Q•
Teresa P. Elmore
Clerk to the Board
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Exhibit //�y
Book Xl- Page 4e c.,.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF SUPPORT
PERMANENT REPAIRS TO EDGEWATER CLUB ROAD
1 WHEREAS, in early October 2015, New Hanover County received an excessive amount of rainfall
which was attributable to a low pressure system and Hurricane Joaquin;and
1 WHEREAS, at approximately 0.36 mile south of SR 1491 (Futch Creek Road),there exists a section
1 of Edgewater Club Road that is prone to flooding due to the elevation of the road and existing storm
drain pipe; and
WHEREAS, improvements are needed to allow the road to remain passable during moderate to
heavy rain events; and
WHEREAS, Edgewater Club Road is the only ingress and egress that serves approximately 1400
properties; and
WHEREAS, these storm events isolated these properties for an extended period of time, which
required the North Carolina Department of Transportation (NCDOT) to construct a temporary
elevated section of roadway to allow access, which cost approximately $75,000; and
WHEREAS, NCDOT has identified funding that will assist in allowing the construction of a
permanent repair which will include a paved elevated section of roadway with larger and additional
_i storm drain pipes; and
WHEREAS, since this project will be greater than $150,000, a resolution of support from New
Hanover County is required; and
WHEREAS, this project does not require any County funding.
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NOW,THEREFORE,BE IT RESOLVED THAT:
1 1. The New Hanover County Board of Commissioners (Board) is concerned that this section of
Edgewater Club Road could flood again without the aforementioned improvements; and
2. The Board appreciates NCDOT's willingness to make the necessary improvements; and
3. The Board supports this project and NCDOT's efforts in making the necessary
improvements.
ADOPTED this the 19`h day of January, 2016.
NEW HANOVER COUNTY
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GOUNTY•�, ,/.r drL�.
O�Q- ge Beth Dawson, Chairman
1 4 7 n ATTEST:
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er,4_ .�.fo,,',,)' Ter sa P. Elmore, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
I RESOLUTION VALIDATING THE FOURTH CHAPTER OF PLAN NHC:
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VISUALIZING THE FUTURE
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1 WHEREAS, New Hanover County is updating the CAMA Land Use Plan and creating a
Comprehensive Plan for the unincorporated portion of the County; and
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1 WHEREAS,the Board of Commissioners has adopted Chapter 1: Public Engagement Plan; and
WHEREAS,the Board of Commissioners has adopted Chapter 2: Evaluating the Present(a report
of existing conditions); and
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WHEREAS,the Board of Commissioners has adopted Chapter 3: Framing the Policy; and
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WHEREAS, staff has worked with the community at large to develop Chapter 4: Visualizing the
Future.
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j NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby validates "Visualizing the Future" as the fourth chapter within the
i Comprehensive Plan.
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ADOPTED this the 19th day of January, 2016.
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NEW HANOVER COUNTY
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�- , Beth Dawson, Chairman
•f�1ISHE'40• ATTEST:
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Teresa P. Elmore, Clerk to the Board
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