2004-01-20 RM Exhibits28.23.3
NEW HANOVER COUNTY TAX COLLECT~ONS
COLLECTIONS THRU 12/31/03
CURRENT TAX YEAR - 2003
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
AD VALOREM
$ 105,524,243.25
4,151,L47.06
346,393.51
$ 109,329,:296.80
ADVERTISING FEES CHARGED
LISTING PENALTIES CHARGED
CLEANING LIENS CHARGED
TOTAL LEVY
COLLECTIONS TO DA TE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
.00
111,140.80
.00
$ 109,440,L37.60
- 72,630,793.12
$ 36,809,644.48
66.37%*
BACK TAXES
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS ABATEMENTS
TOT AL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$ 4,499,)14.44
32,219.17
73,806.60
$ 4,457,427.01
1,516.558.80
$ 2,940,868.21
34.02%
RENTAL VEHICLE TAX COLLECTIONS
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
DEC 2003
21,747.91
266,627.73
141.25
$
K i::b- 2..'l',;L 3.3
CONSENT AGENDA
DATE:
ITEM NO.
MOTOR VEHICLE
$ 5,634,015.74
7,415.73
67,825.74
$ 5,573,605.73
.00
.00
.00
$ 5,573,605.73
4,072,413.40
$ 1,50],]92.33
73.07%*
FISCAL YTO'
$ 123,075.30
3,647,659.51
12,091.89
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON,
WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $115,8]0,300.06.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2003.
RESPECTFULLY SUBMITTED,
PATRICIA 1. RAYNOR
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 66.69%
28.23.3
CONSENT AGENDA
DATE:
ITEM NO.
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 12/31/03
CURRENT TAX YEAR - 2003
AD VALOREM
MOTOR VEHICLE
-----------------------
---------------
---------------
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
$ 3,368,08~.78 $
184,606.43
62,417.62-
201,231.60
450.44
2,137.31-
---------------
---------------
$ 3,490,270.59
4,03~.26
$
199,544.73
.00
---------------
---------------
$ 3,494,30~.85 $
2,444,363.74-
199,544.73
146,369.99-
---------------
---------------
$ 1,049,938.11 $
69.95%*
53,174.74
73.35%*
----------
REAL ESTATE AND PERSONAL PROPERTY $
CHARGES ADDED
LESS ABATEMENTS
114,116.00
1,437.08
995.62-
---------------
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$
114,557.46
43,162.95-
---------------
$
71,394.51
37.68%
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY ~, 2003.
RESPECTFULLY SUBMITTED,
5)tÁ.-h-Ï t,~ A-' í\.A.~"'c;Ý
PATRICIA J. ~NOR
COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 70.14%
28.23.4
NEW HÀNOVER COUNTY
BOARD OF COMMISS][ONERS .
Oath of Office
I, Warren Lee, do solemnly swear (or affirm) that I will support the Constitution
of the United States, and the Constitution and Laws of North Carolina against all
enemies, foreign and domestic; and that I will bear true faith and allegiance to the
same; that I take this obligation freely, without any mental reservation or purpose of
. evasion; and that I will well and faithfully discharge the duties upon which I am about'
to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have
I ever knowingly been, a member of any political party or organization that advocates
the overthrow oÈthe Government of the United States or of this State by force or
violence; and that during s6ch time as I am a member of the State Emergency
Management Agency I will not advocate nor become a member of any political party
organization that advocates the overthrow of the Government of the United States or
of this State by force or violence, so help me God.
Warren Lee
.:i
()Q_'_I\./ ~ -'"
""--/ ~ Clerk to the Board
Subscribed and sworn to before me this
the twentieth day of January, 2004.
I;
I
28.23.4
NEW HANoVER COUNTY
BOARD OF COMMISSIONERS
\.;
.'\ .
Oath of Office
I, J err Ba b b, do solemnly swear (or affirm) that I will support the Constitution of
the United States, and the Constitution and Laws of North Carolina against all
enemies, foreign and domestic; and that I will bear true faitt and allegiance to the
same; that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the dutieslpon which I am about
to enter. And Ido further swear (or affirm) that I do not advocate, nor am I, nor have
I ever knowingly been, a member of any political party or orga:1Ízation that advocates
the overthrow of the Government of the United States or of this State by force or
violence; and that during such time as I am a member of the State Emergency
Management Agency I will not advocate nor become a member of any political P(irty
organization that advocates the overthrow of the Government of the United States or
of this State by force or violence, so help me God.
Jeff B abb
Subscribed and sworn to before me this
the twentieth day of January, 2004.
c·
()?~"-/ ~
\../ t::" Clerk to the Board
,.~
"
(
I ''''''''''''''-'''';''t''''ß'%1%_-'''''''\''''''''-"''''''''''''''''''''-'"'''''''''''''-'''-;t''''''--'-''''---'~;ll
28.23.4
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
'.
Oath of Office
, .
I, Mike George, do solemnly swear (or affirm) that I will support the Constitution
of the United States, and the Constitution and Laws ofNo::1:h Carolina against all
enemies, foreign and domestic; and that I will bear true faih and allegiance to the
same; that I take this obligation freely, without any mental res,ervation or purpose of
evasion; and that I will well and faithfully discharge the duties upon which I am about
to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have
I ever knowingly been, a member of any political partyor orgé..nization that advocates
the overthrow of the Government of the United States or of this State by force or
violence; and that during such time as I am a member 0: the State Emergency
Management Agency I will not advocate nor become a meml: er of any political party
organization that advocates the overthrow of the Governmen-: of the United States or
of this State by force or violence, so help me God.
---
Subscribed and .sworn to before me this
the twentieÚ day of January, 2004.
rA2_. \ -y./ d.~
'\.., ./ r Clerk to the Board
I
I
28.23.4
NEW HANOVER ·COlL"NTY
BOARD OF COMMISSIONERS
Oath of Office
I, Carol Thiel, do solemnly swear (or affirm) that I will SUJport the Constitution
of the United States, and the Constitution and Laws ofNor:h Carolina against all
enemies, foreign and domestic; and that I will bear true faith and allegiance 'to the
same; that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon which I am about
to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have
. I ever knowingly been, a member of any political party or orga-lÍzation that advocates
the overthrow of the Government of the United States or of this State by force or
violence; and that during. such time as I. am a member. of the State Emergency
Management Agency I will not advocate nor become a member of any political party
organization that advocates the overthrow of the Government of the United States or
of this State by force or violence, so help me God.
~~~
Carol Thiel
Subscribed and sworn to before me this
the twentiet~ day of January, 2004.
Q?~J"/ ~~
. Clerk to the Board
i
.
28.23.4
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
Oath of Office
I, Kristen Wingenroth, do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution and Laws of North Carolina
against all enemies, foreign and domestic; and that I will bear true faith and allegiance
to the same; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon which
I am about to enter. And I do further swear (or affirm) that I do not advocate, nor
am I, nor have I ever knowingly been, a member of any political party or organization
that advocates the overthrow of the Government of the United States or of this State
by force or violence; and that during such time as I am f... member of the State
Emergency Management Agency I will not advocate nor be::oíne a member of any
political party organization that advocates the overthrow of the Government of the
United States or of this State by force or violence, so help me God.
~~fI~~
Kristen Wingenroth
Subscribed and sworn to before me this
the twentieth day of January, 2004.
()jLv \Ý.x/~
'-- ../C~· Clerk to the Board
28.23.5
AN ORDINANCE ÒF THE' COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
A-328, OS/03
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended as follows:
Amend Section 59..4 by
" .
Adding Section 59.4-6 (1-4)
. Vegetated buffer controls for conservation lands. (attached)
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of
such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of
the inhabitants of the County of New Hanover, North Carolina, and shaL be in full force and effect from
and after its adoption
Adopted the 20th day of January 2004.
Attest:
1Þ-JJ.~
Robert G. Greer, Chairman
~.jJ~)~
Clerk to the Board
"
"
ii'
59.4-6 Vegetated buffer controls for conservation lands.
(1) Purpose and intent. The establishment of a buffer zone is
based upon the stated goals in policies 3.10 and 3.11 of
the 1999 Wilmington-New Hanover County Comprehensive
Plan. The buffer zone is intended to promote ·the
comprehensive plan goals of high water quality in the
creeks and sounds, to protect the publ~c health, and to
ensure the protection of the natural resources of New
Hanover County.
A properly vegetated buffer is essenti~l to filter and
biologically process nutrient rich runoff, animal wastes,
and sediment before it enters coastal creeks, canals, and
rivers. Buffers also function to moder~te water
temperatures, maintain the desired dissolved oxygen
levels in the water, and stabilize the soils immediately
adjoining the stream, In urban environments, the function
of a buffer is especially critical to the balance of the
plant and animal life in fresh and saltwater creeks,
Buffers are most effective when they contain native and
naturalized plants appropriate in size, adaptability
(salt tolerance, wind tolerance, etc.) and hardiness for'
the area. plants requiring intensive or routine
maintenance should be avoided in buffer areas,
(2) Applicability. The development and improvement of
property, including the subdivision of land, shall be
subject to these performance controls if the parcel of
record. is located wholly or partially within a COD and if
the following conservation resources: salt marsh,
brackish marsh, freshwater marsh, and/or primary nursery
area are associated with the parcel of record as of the
date of the adoption of this section.
(3) Standards
(A) Buffers shall extend thirty-five 35 feet measured
horizontally from the edge of t~e conservation
resource and on a line perpendicular to and
landward ,of the conversation resource,
(B) The plant material in the buffe~ zone must be
either retained in a natural, minimally disturbed
condition, or properly managed in accordance with
the management standards presen~ed in subsection
59.4-6 (3) (E). ·In cases where vegetation does' not
exist within the buffer, the County shall require
restoration efforts which include, but are not
limited to, replanting of the buffer zone with
plant species as recommended in the "Reference
~~
Lists and ,Publications for Guidance in the
Selection of Vegetated Buffer Plants".
(C) Development activities within t~e buffer are
limited to water dependent structures, except as
otherwise provided in section 59.4-6(3)
(D), (E) ,&(F)and section 59.4-4(3). Examples of
water dependent structures include docks, piers,
boat ramps, shoreline stabiliza-:.ion, navigation
markers and access channels. In order to maintain
the functional value of the buf=er, excavation,
grading, filing, or ditching is not permitted
except as otherwise provided he~ein.
(D) Passive public recreational facilities such as
pervious trails and pathways, where owned by
public entities or homeowners associations, may þe
permitted within the buffer.
(E)
In order to achieve the County goals ,to preserve,
protect and restore water quality and natural
.resources, the buffer zone shal~ be vegetated and
left in a natural, undisturbed condition, or
managed in accordance with the ~ntent of these
goals. Management activities compatible with,the
intent of these goals include, but are not limited
to the following:
1.
Shoreline access paths: Pathways which provide
access to the shoreline are permissible
provided they are a maximum average of six
(6) feet in width and follow a path that
minimizes erosion within the buffer zone.
Pathways maybe vegetated with grasses and,
mowed, or maybe surfaces such as crushed
stone, shell, or mulch. Elevated wooden
walkways and stairs up to six (6) feet in
width may also be used, as long as. there is
spacing between boards and elevation of the
walkway to provide for light penetration and
rain water to drip through to allow for
continued vegetation growth,
2. View corridor: Selective tree removal, thinning,
and pruning of natural vegetation within the
buffer zone will be allowed to provide for
site lines and vistas of the shoreline.
Minimal alteration of the natural vegetation
is preferred.
3, Bafety and welfare : Selective tree removal,
thinning, and pruning of natural vegetation
within the buffer zone wil~ be allowed at the
..
discretion of the landowner for safety and
welfare concerns (e.g, remJval of damaged
tree in close proximity to a dwelling) .
4. Shoreline erosion control: For ~ecessary shoreline
erosion control projects, :rees and woody
vegetation may be removed and the erosion
control measure employed i~· a manner which is
consistent with the purpose and intent of
this section. Areas cleared for erosion
control measures may be required to be re-
vegetated with plant species as recommended
in the "Reference Lists and Publications for
Guidance in the Selection of Vegetated Buffer
Plants" ,
5. Habitat and species management: Management of
natural vegetation within ~he buffer zoné' to
enhance wildlife habitat, and control
nuisance and non-native species may be
allowed,
(F) Buffers may be encroached by pu~lic roads,
bridges, and utilities where no practical
alternative exists to avoid enc~oachment. These
structures should be designed consistent with the
purpose and intent o~ this section.
(4 )
Definitions. For the purposes of this section, the
following words shall mean:
Vegetated buffer. An existing natural area, or an area
planted as recommended in the "Reference Lists and
Publications for Guidance in the Selection of Vegetated
Buffer Plants", set forth in the County's Standards for
Tree and Plant Materials, for Landscaping, that
preserves, protects, and restores water quality and
estuarine resources. These buffers a~e an effort to.
provide the following functions: filter suspended
solids, nutrients, bacteria, and other pollutants
before entering surface waters;prov~de soil
stabilization; provide shading to assist in temperature
regulation of estuarine waters; prov~de wildlife
habitat and aesthetic beauty. '
28.23.6
AN ORDINANCE
. OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, I\orth Carolina, does hereby
ordain that Chapter 8, Aviation, Article VII, Minimum Standards, of the New Hanover County
Code, be and is amended as follows:
MINIMUM STANDARDS FOR GENERAL AVIATION SERV~CES
Sec. 8-271a. General.
(a) The county 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.
(Code 1978, § 2.5-148)
(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.
(d) In the event of a direct conflict between the Minimurr 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 thereunder 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 prov~sions and shall apply to the
Lessee or operator thereunder to the extent that such policy is not in direct conflict with
the agreement.
Page 1 of 13
"
Sec. 8-271b. Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, exceJt where the context clearly
indicates a different meaning:
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 F ederal Aviation Regulations (F ARs).
Air Operating Area (ADA): 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 Wilming~on 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: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: 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: Any aeronautical activity intended to secure earnmgs,
income, compensation or profit to corporate and /ór 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 Statlon: 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) means an aeronaLtical 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
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 =ìghting or fire patrol, power
line or pipeline patrol, or any other operation with written approval of the Airport Authority.
Page 2 of 13
Specialized Aircraft maintenance and repairs: Major repairs or alterations to the airframe,
powerplant as defined in FAR Part 43.
Sec. 8..:.272. Procedures of introdùction.
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 or the Deputy Airport
Director; and
(4) Submit an audited financial report, or financial statements o!:'the principals in the firm, to
the Airport Finance Director. (Code 1978, § 2.5-149)
(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 busÏness 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: ~here 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 mÜntenance 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) twG or
more of the services listed in Section 8-275, page 10, 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 New Hanover County Airport Authority reserves the right to temporarily
, waive any requirement provided a maximum time limit is set to comply.
Page 3 of 13
(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. I
(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 rrust 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 opeŒtions, as evidenced by letters
of recommendation from pilots, fuel suppliers, aircraft manufacturers, or similar
organizations.
(5) Provide certificates of insurance with the County, ALthority and their agents listed
as additional insureds for comprehensive General Liability, Hangar Keeper and
Property Insurance. For General Liability, the minimum liability limit per single
occurrence shall be five million dollars ($ 5,000,OCO) for bodily injury and five
million dollars ($ 5,000,000) for property damage. 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% of the current replacement
cost of all properties.
For all aircraft rental and flight instruction, the mInImUm liability limit per
occurrence shall be one million dollars ($ 1,000,000).
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, finncially sound and progressive
business enterprises, with adequately staffed and equipped facilities, including office
facilities, and who observe normal or specifically required b'lsiness hours.
Page 4 of 13
(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 -:0 furnish the payment and
perfonnance bonds commensurate with any construction required under the minimum
standards fixed in this article ór under any contract or lease by and between any aviation
operator and the Airport Authority. General aviation service providers may erect any
structure on this airport for the purpose set out in this art~cle, 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
perfonnance bond requirements referenced.
(f) All general aviation service providers shall, conduct thei":" 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 co::nply with all of the laws and
ordinances of the state, the County, and the rules and regulz.tions 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 prev~ous or future expenditure of
federal funds for the operation, maintenance or development of the airport property.
Sec. 8-274. Fixed base operators.
(l) Fixed Base Oþerators at Wilmington International Airport shall be subject to minimum
service standards, minimum staffing standards and minimum facility requirements as
follows.
(a) Minimum Service Standards. A Fixed Base Operator will be required to provide
either directly or by sublease/subcontract all of the :òllowing services: (Refer to
Section 8-275 (SASO page 10)
Page 5 of 13
Basic Aircraft Maintenance & Repair Station
Aircraft Rental (exception: Flight Instruction see SASO page 12)
Air Charter/Taxi
Tie-Down, Line Service and Ground Handling
Disabled Aircraft Recovery
Retail Fuel and Oil Sales
Hangar Rental and Aircraft Storage
Aircraft Washing
Flight Planning and Flight Service Facilities
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 F A/\ Repair Station license and
FAA Part 145 as current or amended.
(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 (1) 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 requireé 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 Charter/Taxi
(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 (1) airworthy aircraft suitably
maintained, certificated and equipped for flight under instrument
conditions.
(c) The operator shall provide qualified and Eppropriately rated personnel.
(d) Provide personnel, servicing and equipment of servicing passengers
and for handling freight, luggage, and ticketing. Make available
Page 6 of 13
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 (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 othe[ types of restraining devices
suitable to accommodate at least 15 aircraft.
(c) Ground support equipment for the turnrround of aircraft, including
energizers, and starters, ground power units, fire extinguishers and an
auxiliary power unit.
(d) Transportation for transient passengers ard 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 0 I the airport.
(c) Trained and experienced personnel as necessary to operate the
equipment identified above in a timely a:Jd 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 poLcies and procedures set forth
by the Department of Homeland Securi:y 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 neet all applicable safety and
other regulatory requirements.
(d) Construct and maintain permanent, above ground, aviation fuel storage
facilities for a minimum often thousand (10,000) gallons of both Jet A
and 100 LL aviation fuel. Maintenance Shall be in accordance with all
I
applicable airport, county, State, and Federal laws, rules and
regulations.
Page 7 of 13
( e) FBOs shall maintain a current Spill Prevention Control and Counter
measure (SPCC) plan. . The plan -shall b~ 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 ten thousand (10,000) square
foot hangar, excluding aircraft maintena,ce hangar and any hangars
leased from the Airport. The total square footage may be a
combination of open bay and private han~ar space.
(b) FBO managers shall provide a periodic r¡eview of their vacant hangar
space and make provisions to build additional hangars as required to
meet reasonable market demands. I
(c) The following items shall not be stored in FBO aircraft hangars:
containers of flammable liquids, paiht thinners, fuels, volatile
materials, uncovered waste containers, dompressed gasses and other
items which may cause a fire hazard.
8. Flight Planning and Flight Service Facilities
(a) A flight planning facility equipped wi,:h 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.
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 Staffing Standards. An FBO offering any of the services
listed herein shall have at a minimum ore (1) employee (with ratings
appropriate to the work to be performed) on-site during all Control
Tower Operations. At all other times, t~e 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:
Page 8 of 13
1. Lease. The leasehold shall contain a oinimum often (10) acres of
land to provide for the specific use area requirements established
for the services of the following tequired multiple activities:
aircraft maintenance and repairs, airpraft rental, air taxi service
and/or cargo, plus the requirements set out in this section for the
dispensing of aviation fuel and luþricants and hangar rental.
(Specific use spaces need .not be ad~~tive where combination use
can be reasonably and feasIbly establIshed.)
2. A b\lilding containing six thousand (~,OOO) square feet to provide
adequately maintained and heated spIce for office, public lounge,
pilot briefing room and restrooms m1lst be leased or constructed.
Aircraft hangar rental space shall be a minimum of ten thousand
(10,000) square feet. Repair statiors must provide a separate
hangar facility with minimum shop ard floor space for FAA repair
station certification.
3. Ample public amenities for their customers to include a
conveniently located, heated and rir-conditioned lou1ìg~ and
separate sanitary restrooms for men lnd women, public telephone
service, pilot briefing room and snack and/or beverage vending
services available during required hours of operation.
4. Sufficient outside hose connections and designated wash rack
I
with an oil water separator for wash~ng aircraft. Should any new
building be constructed over five ~1undred (500) feet from an
existing fire hydrant, the Authority may require the installation of
a new hydrant. (Code 1978, § 2.5-150)
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 governmclntal regulations.
6 EI . . . h I d' I. . .. d
. ectromc secunty gate wIt c ose OIrcUIt camera momtonng an
continuous recording equipment to restrict unauthorized access to
the ramp.
(d) 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 un1er the direct control by the
lessee and based on the lessee's leaseHold.
Page 9 of 13
· '
2. All equipment specifically required for each required activity and
elected additional activities must be provided with appropriate
company identification markings, totating beacon and radio
equipment to move on the AOA.
3. All fixed base operators shall make a minimum capital investment,
prior to commencing operations, if buildings and equipment,
exclusive of any aircraft value, of two million dollars ($2,000,000).
Receipts, invoices or other documentation shall be deposited with
the airport finance director to vclrify compliance with this
requirement.
4. Fixed base operators shall provide insurance in amounts specified
in Sec 8-273(5). Companies provi~ing such insurance will be
subject to Airport Authority approval. (Code 1978, § 2.5-152)
Sec. 8-275. Specialized Aviation Service Operators.
(1)
SASOs at Wilmington International Airport shall be subject tJ minimum service standards,
minimum staffing standards and minimum facility requiremelits as follows. A SASOcan
operate through a direc~ lease ~ith the Airport Authority or thtough an A~tho~ty approved
sublease/subcontract wIth a Fixed Base Operator or other siAso, provided It meets the
insurance requirements in Sec. 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 r. 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
Specialized Aircraft Maintenance & Technical Serviees
Avionics Repair
Aerial Survey
Flight Instruction
Instrument or Propeller Services
1. Aircraft sales. A SASO offering aircraft sales shal 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 oniy).
Page 10 of 13
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 I work being performed with
sufficient personnel, equipment, supplies and avail~bility of parts to maintain a
proper FAA repair station certificatellicense in accqrdance with FAA Part 135.
The office shall be attended during required operatihg hours as well as have an
on-call certified mechanic for emergency services.
3. Avionics Repair SASOs desiring to provide a radio 0:: 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 from 8:00 ~.m. to 5:00 p.m., five (5)
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 certifiGate and rating. One (1) FAA
certified repairman qualified in accordance with thb terms of the repair station
certificate must be available from 8:00 a.m. to 5:00 ~.in., 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 (2) 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 trai~in~ certificate (~f re~rired) an~ experience .in the
performance of specIalIzed commercIal flIght operatIOns appropnate to
the work to be performed) on-site from ~:OO am to 5:00 pm, five (5)
days per week, ~s a minimum. At all other times, the SA~O s.h~ll have
one person aVaIlable, on call, to respond! to customer mqumes. In
addition, minimum service, management ind staffing standards for the
activities listed above shall be provided.
(d) Minimum SASO Facility Requirements
Page 11 of 13
... ¡ 1 ':"
c.", -;
1. Where the SASO has a direct Lease with the AilJort Authority, the ground
leasehold shall not be less than two (2) 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 two thousand (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 ~ess than 1,000 square feet,
adequate to accommodate an office, customer lounge, public telephone,
and public sanitary restroom facilities.
d.
Paved off-street parking outside of the ApA, 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 perfonning activities or services under a sublease shall have sufficient
office space, ~~~gar space, ra~p area, tie-down arear ~ublic areas, parki~g .spaces
and other facIlItIes and amemtIes 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 desirihg to sell or dispense aviation
fuel must enter into a Lease with the Airporl Aùthority as a Fixed Base
Operator and meet the requirements of such an operator.
(b) SASOs shall provide insurance in amounts specified in Sec 8-273(5).
Companies providing such insurance shall be subject to Airport Authority
approval.
Page 12 of 13
;;. , '\:::';
Sec. 8-276. Hangars and associated buildings to be constructed on the airport.
(1) The Airport Authority shall determine the need for new hangarl at the airport, whether they
be for General Aviation, Corporate, or Commercial aircraft! Furthennore, the Airport
Authority shall maintain control of hangar construction.
(2) The Airport Authority shall endeavor to promote hangar development for general aviation
through the FBOs, and where possible, will give deference t~ the FBOs on other hangar
facilities. The Airport Authority may delegate the construction and management of hangars
to a third party of its choice.
(3)
All Hangars shall comply with ILM's Architectural Standards and must be constructed with
properly designed doors and shall be stressed for hurricane I area winds of one hundred
twenty (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-rJsistant material and shall be
properly fireproofed in accordance with the local Fire Marsh~ll and NFP A requirements.
Sufficient outside hose connections, oil and water separatÓrs 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 gov~rnmental requirements and
installation of ail electronic security gate for controlled vehible access. In addition, the
Authority may require a new fire hydrant if the new facility is inore than five hundred (500)
feet from an existing fire hydrants.
(Code 1978, § 2.5-153)
Secs. 8-277--8-310. Reserved.
Except as specifically amended herein, Chapter 8, Aviation, shall remain unaltered, in
full force and effect.
This the 20th day of January, 2004.
[SEAL]
/?ß2~
Robert G. Greer, Chairman
Board of Comrhissioners
.,' '\','=;~.r'!.
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ATTEST:
(hl_~~~~~
~kto the Board
Page 13 of 13
28.23.7
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby
I
ordain that Chapter 23, Environment, of the New Hanover County ~ode, be and is amended by
the addition of a new Article VIII, to be captioned "Mason's Inlet <Conservation"
as follows:
Article VIII. Mason's Inlet Conservation,
Section 23-482,
Conservation Area Created,
The Mason's Inlet Beach Conservation Area is hereby designated for all the
unincorporated County situated on Wrightsville Beach Islarld north of the town boundary
lines, excluding land one hundred (100) feet or less from th1e mean high water line along
the oceanfront, land twenty (20) feet or less from the mekn high water line'along the
. I
Mason Inlet Channel, and land approximately ten (1 G) feet wide constituting a
pedestrian access from the northern end of Lumina Avknue extending east to the
I ,
oceanfront on, over and across the property presently owned by the Town of
Wrightsville Beach.
Section 23-483.
Access Prohibited.
Persons, dogs and cats are prohibited within the øesignated Mason Inlet Bird
Conservation Area at all times, except as specifically authorized hereafter:
(1) Private property owners and their guests, eithe~ in the presence of the owner
or with an appropriate letter of authorization from the owner are allowed on
their property at any time.
(2) State agents for State-owned property are allowed on State property at any
time.
(3) Groups or individuals interested in visiting public land within the Conservation
Area for research or education purposes may db so with written authorization
from the County Manager or his designee. Alrequest for visiting the area
must be received at least five (5) working days prior to the visit to allow for
review and coordination with management acti~ities. The County Manager
or his designee may specify conditions on the ~isit request, such as, but not
limited to, the number of visitors, the time allowed on the site, and the type of
activity that can be pursued, in order to protect the Conservation Area and its
functions.
(4) The County Manager or his designee may authorize individuals or groups to
.~ ,'. '
;,
enter the Conservation Area for purposes of management of public land. A
denial of permission by the County Managet or his designee may be
appealed within forty-eight (48) hours following riotice of the denial. A written
appeal is to be directed to the Chairman I of the Board of County
Commissioners. The Chairman, or in his absence, the Vice-Chairman, shall
consider said appeal.
(5) Sworn law enforcement and emergency medical personnel in perfòrmance of
their duties are allowed at any time.
Section 23-484,
Enforcement.
This Article shall be enforced by one or more of the following remedies and
sanctions:
(1) Violation a misdemeanor. Any person, who violates the article, shall upon
conviction be guilty of a misdemeanor and shalllbe fined not exceeding Five
Hundred ($500.00) Dollars or imprisoned not exceeding thirty (30) days.
I
(2) Civil Penalties. A civil penalty of Five Hundred ($500.00) Dollars shall be
I
assessed which amount can be recovered by the County in a civil action in
the nature of a debt if the violator does not pay ¡the penalty within thirty (30)
days after receipt of the notice of violation specifying the amount of civil
penalty.
Except as specified referenced herein, the existing provisions of Chapter 23 shall remain
in full force and effect.
This the 20th day of January, 2004.
[SE
NEW HANOVER COUNTY
ATTEST:
1J¡1J~
Robert G. Greer, Chairman
Board df Commissioners
()2~ ~l/~~~
\.../'&;'to the Board