Airport Rules & Regulations Ordinance200401°5498
FOR REGISTRATION REGISTER OF DEEDS
KIMBERLY S. HARGROVE
HARNETT COUNTY. NC
2084 AUG 108:36:36 AM
60972 PG :483 -506 HEINZ
HARNETT COUNTY AIRPORT
RULES AND REGULATIONS ORDINANCE
Adopted August 16, 2004
HARNETT COUNTY BOARD OF COMMISSIONERS
Teddy Byrd, Chairman
Beatrice Hill, Vice - Chairman
Dan Andrews
Walt Titchener
Tim McNeill
HARNETT COUNTY AIRPORT COMMITTEE
Rhett Raynor, Chairman
E. Cecil Edgerton, III, Vice - Chairman
Leonard B. Arnold
L. E. Batten
Otis O. Butler
Robert E. Lasater
Joseph L. Tart
Walt Titchener
William A. Wilder
HARNETT COUNTY AIRPORT
RULES AND REGULATIONS
The Board of Commissioners of Harnett County does hereby adopt and approve
the following rules and regulations for the operation and use of the Harnett County
Airport located at 615 Airport Road, Erwin, North Carolina.
SECTION 1
AUTHORITY PURPOSE AND DEFIMTIONS
A. AUTHORITY -These rules and regulations are adopted pursuant to North
Carolina General Statute 153A -275, which statute permits a County by
ordinance to adopt reasonable rules and regulations to protect and regulate a
public enterprise belonging to or operated by it.
B. PURPOSE - The purpose of this document is to establish rules, regulations and
standards for all activities on or at the Harnett County Airport (HRI).
C. STATEMENT OF POLICY - The Harnett County Airport intends to operate,
manage, plan, finance, and develop the airport for its long -term financial health
and safety in a manner consistent with accepted airport practices and applicable
federal, state, and local policies and regulations. Accordingly, all applicants
who perform commercial aeronautical activities at the airport shall be accorded
a fair and reasonable opportunity, without unlawful discrimination, to qualify
and to compete (if applicable) to occupy available airport facilities. Applicants
shall have the opportunity to provide appropriate aeronautical activities subject
to the minimum standards as established by the County of Harnett. However,
the granting of rights and privileges to individuals and businesses to engage in
aeronautical activities shall not be construed in any manner as affording any
operator an exclusive right for use of the premises and/or facilities at the airport,
other than those premises which may be leased exclusively to any operator, and
then only to the extent provided in a written lease and/or permit.
While the airport manager has the authority to manage the airport (including the
authority to interpret, administer, and enforce airport agreements and airport
owner policies and the authority to permit temporary, short-term occupancy of
the airport), the ultimate authority to gram the occupancy and use of airport real
estate or permits allowing the conduct of commercial aeronautical activities, and
to approve, amend, or supplement all leases and permits is expressly reserved to
the County of Harnett.
D. SPECIAL AVIATION SERVICE OPERATIONS (SASO) -The Harnett County
Airport recognizes that when specialized aviation service operations (SASO),
sometimes known as single service operators or special fixed base operators,
apply to do business on the airport, difficulties can arise if the SASO's are not
required to comply with all provisions of published minimum standards.
Accordingly, the Airport may develop reasonable, relevant, and applicable
standards for each type and class of service. Examples of these specialized
services may include flight training, airframe and power plant repair and
maintenance, aircraft charter, air taxi or air ambulance, aircraft sales, avionics,
instrument or propeller services or other specialized commercial flight support
business. These minimum standards may be supplemented, amended, or
modified by the County of Harnett from time to time and in such manner and to
the extent as is deemed reasonable and appropriate.
E. CONFLICTS WITH EXISTING AGREEMENTS OR FEDERAL LAW -These
minimum standards are not retroactive. They do not affect the current term of
any written agreement properly executed prior to the date of adoption and
approval of these minimum standards. Upon expiration of an existing
agreement, or if the operator desires to materially increase or expand its
activities, the operator shall then comply with the provisions of these minimum
standards. A requirement under these minimum standards or an agreement that
an operator comply with applicable local or state law does not create an
opportunity or right in a sponsor or airport to enact or enforce local ordinance
which is preempted under federal law. This includes any attempt to regulate
airspace or the conduct of flight operations.
F. DEFINITIONS - Unless from the context a different meaning is apparent as
used in these regulations, the terms hereinafter uses shall be defined as follows:
(1) A & P Mechanic - Airplane and Power Mechanic.
(2) Aeronautical Activity - Any activity which involves, makes possible, or
is required for the operation of aircraft, or which contributes to or is
required for the safety of such operations. The following activities,
commonly conducted on airports, are aeronautical activities within this
definition: charter operations, pilot training, aircraft rental, sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services, sale of aviation petroleum
products whether or not conducted in conjunction with other included
activities, repair and maintenance of aircraft, sale of aircraft parts, ramp
services, and any other activities which because of their direct
relationship to the operation of aircraft can appropriately be regarded as
an aeronautical activity. The following are examples of what are not
considered aeronautical activities: ground transportation (taxis, car
rentals, and limousines), restaurant, barbershops, and auto parking lots.
(3) Agreement or Lease -A contract executed between the airport and the
entity granting a concession that transfers rights or interests in property,
or otherwise authorizes the conduct of certain activities. The agreement
or lease must be in writing, executed by both parties, and enforceable by
law.
(4) Air Charter -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).
(5) Aircraft Sales- The sale of over two aircraft per year with aircraft sales
serving as a business.
(6) Aircraft Maintenance -The repair, maintenance, adjustment, or inspection
of aircraft. Major repairs include major alterations to the airframe,
powerplant, and propeller as defined in Part 43 of the FARS. Minor
repairs include normal, routine annual inspection with attendant
maintenance, repair, calibration, adjustment, or repair of aircraft and
their accessories.
(7) Airport - The Harnett County Airport located at 615 Airport Road,
Erwin, North Carolina.
(8) Airport Layout Plan (ALP) -A drawing depicting the physical layout of
the airport that identifies the location and configuration of runways,
taxiways, buildings, roadways, utilities, navaids, etc. The ALP must also
show planned airport development.
(9) Airport Manager - The person or corporation empowered by contract
with the Harnett County Board of Commissioners to operate the business
of the Harnett County Airport on a daily basis. While the Airport
Manager has the authority to manage the airport (including the authority
to interpret, administer, and enforce airport agreements and airport
owner policies and the authority to permit temporary, short-term
occupancy of the airport), the ultimate authority to grant the occupancy
and use of the airport real estate or permits allowing the conduct of
commercial aeronautical activities, and to approve, amend, or
supplement all leases and permits is expressly reserved to the County of
Harnett.
(10) Airport Operating Area (AOA) -The ramp, apron, runway, and taxiway
system at the airport.
(11) Apron -A paved area suitable for aircraft staging and parking.
(12) Assurance -A provision contained in a federal grant agreement to which
the recipient of federal airport development assistance has voluntarily
agreed in consideration for the assistance provided.
(13) Commercial Aviation Activity Any aeronautical activity intended to
secure earnings, income, compensation, or profit, whether or not such
objectives are accomplished.
(14) Commercial Aviation Operator -A commercial aviation operator may be
classified as either a fixed base operator (FBO) or a specialized aviation
service operation (SASO).
(15) Entity -A person, persons, firm, partnership, limited liability company,
corporation, unincorporated proprietorship, association, or group.
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(16) Equipment A] I personal property and machinery together with the
necessary supplies, tools, and apparatus necessary for the proper conduct
of the activity being performed.
(17) Exclusive Right- A power, privilege, or right that excludes another from
enjoying or exercising a like power, privilege, or right. An exclusive
right can be conferred by express agreement, by the imposition of
unreasonable standards or requirements, or by any other means. Such a
right conferred on one or more parties but excluding others would b an
exclusive right.
(18) FAA - The Federal Aviation Administration.
(19) FAR- Federal Aviation Regulations
(20) Fixed Base Operator — Any person, partnership, corporation,
organization, or association in the business of or formed for the purpose
of engaging in aeronautical activities.
(21) Improvement All buildings, structures, and facilities. Improvements
may include pavement, fencing, signs, and landscaping that is
constructed, installed, or placed on, under, or above any leased area.
(22) Minimum Standards -The criteria established by the airport owner as the
minimum requirements that must be met by businesses in order to
engage in providing on- airport aeronautical activities or services and
aeronautical related services.
(23) Operator -As used in this document, the term odor refers to both
commercial and non - commercial operators.
(24) Owner - The County of Harnett as governed by the Harnett County
Board of Commissioners.
(25) Person - An individual, partnership, firm, association or corporation.
(26) Special Aviation Service Organization (SASO) -An aeronautical business
that offers a single or limited service.
(27) Sponsor -The County of Harnett as governed by the Harnett County
Board of Commissioners, obligated to the federal government to comply
with the assurances contained in grant agreements or property
conveyance instruments. For the purpose of this document, the terms
airport sponsor and airport owner are used interchangeably.
(28) Sublease -A lease agreement entered into by a lessee with another entity
that transfers rights or interests in property or facilities, and that is
enforceable by law.
SECTION 2
GENERAL PROVISIONS
A. Scone - All Persons shall be governed by these Rules and Regulations while on
or occupying any area comprising the airport, and shall comply with the orders
and instructions of the Airport Manager, as they are promulgated from time to
time, relative to the use and occupancy of the airport premises and airport
facilities.
B. GENERAL AIRPORT INFORMATION - The airport is owned by the County of
Harnett and is operated by the Airport Manager and persons under his
supervision. The County sets all general airport policy; the Airport Manager
implements the general airport policies set by the County of Harnett. The
Harnett County Board of Commissioners is the ruling body of the County of
Harnett.
C. VIOLATIONS OF RULES AND REGULATIONS- The Airport Manager shall
investigate all alleged violations of these Rules and Regulations or the terms of
any Commercial Operator Agreement. The Airport Manager will provide
written notice to the violator and will give the violator such time as may be
reasonable under the circumstances to cure any violation in accordance with the
provisions of these Rules and Regulations or any applicable agreement. If the
violator fails to comply with the notice of violation, the County may pursue any
penalty or remedy available to the County at law or in equity.
Any Person who knowingly or willfully violates these Rules and Regulations,
any rule or regulation then in effect by the Federal Aviation Administration
(FAA) or the North Carolina Department of Transportation, Division of
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Aviation, or any orders or instructions of the Airport Manager or County of Harnett
may be removed, evicted, or denied further use of the airport.
The County may waive or modify any provision contained in these Rules and
Regulations.
If sanctions are, imposed, the County will offer due process protections, including the
right to be heard and an opportunity for appeal.
Nothing in this section shall operate as a prohibition to the County acting in an expedient
manner to address immediate safety issues involving imminent injury to persons or
property.
D. PENALTIES FOR VIOLATIONS OF RULES ND REGULATIONS - If any person
shall violate or fail to comply with any provision of these Rules and regulations, then he
shall be guilty of a misdemeanor pursuant to N. C. General Statute § 14 -4 (or any
amendment thereol). Any person who violates, or aids, or abets in a violation of any of
these Rules and Regulations or other County rule or regulation shall, upon conviction, be
subject to a fine of not less than $100 nor more than $500 for each offense. Each calendar
day upon which any such violation occurs or continues shall constitute a separate
offense. The County also retains the right to enforce the terms of this ordinance pursuant
to the provisions of N. C. General Statute §153A -123.
The penalties provided in this paragraph shall be deemed to be cumulative and not a
substitution of any other specific penalties as may be otherwise provided for herein or in
any other ordinance rule or regulation of the County as now or as may be hereafter
enacted or adopted, or amended or modified.
E. NO PRIVATE RIGHT OF ACTION - Nothing in these Rules and Regulations shall be
deemed to have created any private right of action nor enforcement obligation.
STATE AND FEDERAL LAW - State and Federal law prohibits the granting of
exclusive rights to conduct aeronautical activity at public airports. All aeronautical
activities at the airport shall be conducted in a fair and equitable manner. Fair
competition at the airport shall be promoted while safeguarding the public interest.
These Rules and Regulations shall be applied objectively and uniformly.
The County, however may limit commercial activity if there are compelling
reasons to do so, as defined in the FAA Compliance Handbook,
Order 5100.6A and its successors, even if an applicant has complied with these
Rules and Regulations. Any legal action brought in regards to these Rules and
Regulations shall be brought in accordance with North Carolina law.
G. ALLOCATION OF AIRPORT SPACE- The Airport Manager shall have the
authority to identify and control which area of the Airport will be used for
aeronautical activity available to the public generally and aeronautical activity
available only to specific persons.
H. OTHER LAWS- If any provision herein conflicts with any other Federal or
State law, statute, rule or regulation, the Federal and State law will prevail.
SECTION 3
AIRPORT MANAGER AUTHORITY
A. The airport manager shall, at all times, have authority to take such reasonable
action as may be necessary to enforce these regulations and to efficiently
manage the airport and its operations. In any contingencies not specifically
covered by these rules and regulations the airport manager shall be authorized to
make such reasonable rules, orders, and decisions as may be necessary and
proper.
SECTION 4
GENERAL USE OF AIRPORT
A. Authorization - The owner has the right to and does hereby regulate all
commercial enterprises using the airport as a basis of operation, whether such
operation is aeronautical or non - aeronautical in nature. No commercial
operation of any kind or type shall be conducted on the airport unless
specifically authorized by the owner.
B. Non - commercial - A flying club is recognized as a plan for the joint ownership
of aircraft and the fair distribution of the cost of maintaining and operating such
aircraft. Such operation is not considered to be commercial in nature when so
operated. Neither is flight instruction by club members for other club members
considered to be commercial in nature so long as there is no profit or for -hire
motive involved in the operation. In all cases, the owner will determine if the
operation of a flying club or other such organization is commercial. If
determined to be commercial, the club shall conform to the requirements set
forth herein for commercial fixed base operators.
C. Indemnification of Owner - The use of the airport or any of its facilities in any
manner shall create an obligation on the part of the user thereof to obey all the
regulations herein provided and adopted by the owner.
The privilege of using the airport and its facilities shall be conditioned on the
assumption of full responsibility and risk by the user thereof, and he shall
release and hold harmless and indemnify the owner, its officers and employees
from any liability of loss resulting from such use, as well as claims of third
persons to using the airport.
The privilege of using the airport shall be upon the further condition that any
person, persons, corporations, co- partnership or others desiring to use the same,
shall furnish a policy of indemnity against personal injury and property damage
in a reasonable sum as the owner shall require.
D. Violations - Any person violating any of the airport rules and regulations may be
punished as provided by law or ordinance or, at the discretion of the owner, may
be deprived of the use of the airport facilities for such period of time as may be
necessary to be effective.
E. Solicitation - No person shall solicit funds for any purpose and no signs or
advertisements may be posted at the airport without permission of the owner.
F. Disposal - Garbage, refuse and other waste material shall be placed in
receptacles provided for such purpose and no person shall destroy, remove or
disturb in any way buildings, signs, equipment, markers, or other property on the
airport.
SECTION 5
MOTOR VEHICLE REGULATIONS
A. Unless authorized by the airport manager, no highway or automobile vehicle
shall be operated on the airport except on roadways, parking areas that are
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specifically designated for such vehicles. Such vehicles shall be parked in the
manner prescribed by the airport manager while on the airport and as indicated
by posted signs.
B. Maximum speed for airport runway, taxiways and their respective object free
areas, aprons and ramps shall be 10 miles per hour.
C. No surface vehicles shall be permitted on the runways, taxiways and their
respective object free areas, aprons, or ramps without the express permission of
the airport manager unless the operation of such vehicle is in accordance with a
prior agreement to accomplish a necessary airport purpose, service, or
inspection. The runway object free area extends out 200' on either side of the
runway centerline and extends 500' beyond each runway end. The taxiway
object free area extends out 45' on either side of all taxiway centerlines.
D. No surface vehicle shall be driven between the loading gate or fence and an
aircraft parked and in the process of loading or unloading.
E. No person shall operate any vehicle in a careless or negligent manner or in
disregard for the safety of others, or in excess of posted speed limits. All
aircraft have right -of -way over all surface vehicles.
F. All vehicles operating within the landing area shall be painted a bright yellow or
international orange, or display an international orange and white checkered flag
of not less than three feet square, with one -foot squares.
G. Vehicles exempted from this section are airport maintenance vehicles,
crash/fire/rescue or other emergency vehicles, law enforcement vehicles,
vehicles used on approved construction projects, vehicles used by the State, the
County or their designated agents for the purpose of inspecting the runway,
taxiways, or other Airport facilities, and other exemptions authorized by the
County.
H. Every accident involving injury or property damage shall be reported to the
airport manager.
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SECTION 6
AIRCRAFT OPERATIONS REGULATIONS
A. The FAA traffic rules and regulations governing the operation of aircraft in
effect as of this date, as well as all additions thereto, are made apart of these
airport rules and regulations as fully as if set forth herein.
B. Aircraft engines shall be started and run up only in the places designated for
such purposes. At no time shall engines be run up when hangars, shops,
airplanes, or any buildings or persons are in the path of the propeller stream
and/or jet exhaust.
C. No aircraft shall be parked or stored at the airport except in the areas designated
for such use.
D. The performance of aircraft and engine repair and maintenance is considered to
be an aeronautical service regulated by the owner except where such services or
repairs are performed by the aircraft owner or his employees. The airport owner
reserves the right to designate reasonable areas where such aircraft owners may
perform services on their own aircraft. If such areas are designated, the owner
may prohibit the performance of such services in tie -down areas and prescribe
rules for the use of such owner -type aircraft maintenance areas.
E. At the direction of the airport manager, the operator, owner, or pilot of any
illegally parked aircraft on the airport shall move the aircraft to a legally
designated parking area on the airport. If the operator refuses to comply with
the directions, the owner, through the airport manager, may town the aircraft to
such place, at the operator's expense and without liability for damage that may
result from such moving.
F. In the event of an accident, the owner, through the airport manager, may, in
compliance with FAA and other governmental regulations, move damaged
aircraft from the landing areas, ramps, aprons, or other areas at the expense of
the owner and without liability for damage resulting from such moving.
G. The pilot of an aircraft involved in an accident on or near the airport causing
personal injury or property damage shall report to the airport manager. In the
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event that he is unable to do so, the owner of the aircraft or his agent shall make
such report.
H. Airport property damaged or destroyed by an accident or otherwise shall be paid
for by parties responsible.
I. The airport manager shall have the authority to detain any aircraft for
nonpayment of any charges due.
No person shall taxi an aircraft until he has ascertained by visual inspection of
the area that there will be no danger of collision with any person or object in the
immediate area.
K. Aircraft shall be taxied at a safe and reasonable speed with due respect for other
aircraft, persons, or property.
L. All takeoffs and landings shall be confined to the runways and all movement of
aircraft shall be confined to the hard surface areas. Exceptions shall be
approved by Airport Manager.
M. No person or persons, except airmen, duly authorized personnel, passengers
going to or from aircraft, or persons being personally conducted by airport
attendants shall be permitted to enter the landing area proper, taxi space, or
aprons. However, this does not give any person or persons so excepted the
privilege of unrestricted use of the airport. These privileges are confined to the
necessary use of these spaces in connection with the flights, inspections, and
routine duties.
N. No person shall park or store, nor shall they allow any other person to park or
store, any unairworthy aircraft on any portion of the airport at any time.
Exceptions to this shall be allowed for the purpose of obtaining repair not to
exceed a period of 30 days.
SECTION 7
RULES FOR AIRCRAFT FUELING OPERATIONS
A. Only authorized personnel trained in the safe operation of the equipment they
use, in the operation of emergency controls, and in the procedures to be
followed in an emergency shall fuel or defuel aircraft.
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B. No aircraft shall be fueled or drained while the aircraft engine is running or
while the aircraft is in a hangar or an enclosed area.
C. During all fuel operations, the aircraft shall be bonded by an approved method.
D. Smoking or lighting of an open flame shall be prohibited within fifty feet of any
fueling operation.
E. Fueling operations shall be conducted and fuel tricks shall be parked at least
fifty feet from any hangar or building.
F. No fuel storage and dispensing equipment shall be installed and used at the
airport without the prior written approval of the owner. All such equipment
shall be of a modern design and shall be kept in a safe and non - leaking
condition. The use of skid tanks and other such devices is prohibited.
G. Pumps, either hand operated or power operated shall be used where aircraft are
fueled from drums. Pouring or gravity flow shall not be permitted from a
container with a capacity of more than 5 gallons (I 8.9L).
SECTION 8
FIRE REGULATIONS
A. Smoking or lighting of an open flame is prohibited at places with posted signs,
within fifty feet of any aircraft and within fifty feet of hangars, fuel trucks, or
fuel loading stations, and tank farms. No person shall start an open fire any
place on the airport without permission of the airport manager. No person shall
store material or equipment, use inflammable liquids or gases, or allow their
premises to become in such condition so as to violate, in any manner, the fire
code in force in the area of the airport. The storage of paint thinners, fuels, or
other such volatile materials in hangars is prohibited.
B. Tenants of all hangars and buildings shall provide suitable fire extinguishers and
equipment, and they shall be kept in good condition as recommended by the Fire
Marshal and inspected at least every twelve months by trained personnel.
C. Tenants and persons are required to keep their premises clean and clear of all
rubbish, junk, debris, old aircraft and vehicles, and unsightly objects. If, after
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warning by the airport manager, the area is not cleaned, cleaning will be done by
the airport manager and billed to the tenant or person.
SECTION 9
REGULATIONS GOVERNING MINIMUM REOUIREMENTS
FOR ALL FIXED BASE OPERATIONS
A. All fixed base operations at the airport shall be full -time, progressive business
enterprises, with a manned office facility at the airport during all regular
business hours. For the purpose of this document, regular business hours are
8:00 a.m. to 5:00 p.m. No fixed base operator shall be allowed to operate on the
airport without a fully executed lease agreement with the owner.
B. Fixed base operators providing sale of aviation petroleum products shall also be
required to meet the minimum standards and offer the services listed in section I
listed below. Such operators may, at their option, engage in other aeronautical
activities by qualifying to meet the associated minimum standards for the
aeronautical services involved.
C. No persons or fixed base operators other than the operators qualifying under
section B.C. will be permitted to sell aviation petroleum products. All other
fixed base operators may engage in such other aeronautical services as they may
qualify themselves for in accordance with these regulations and their lease
agreements.
D. The owner shall determine substantial conformance to the standards for fixed
base operators.
E. Fixed base operators must show financial solvency and business ability to the
satisfaction of the owner and agree to comply with all federal, state, local, and
airport laws, rules and regulations.
F. The minimum liability insurance that a fixed base operator shall carry is
$100,000 per claimant and $300,000 per occurrence for bodily injury and not
less than $250,000 for property damage. Fixed base operators shall also carry
the minimum insurance required by the Federal Aviation Administration and
other regulatory agencies as appropriate to the aeronautical activities being
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performed. Property owned by operator shall be insured by him and owner has
no responsibility for any loss.
G. Fixed base operators will be required to furnish the owner a performance bond
commensurate wit the construction required under the minimum standards
established by the owner for the facility involved.
H. Land available for commercial aeronautical activities is a valuable and limited
commodity. It is the policy of the owner that no land areas or building space in
excess of present and foreseeable requirements will be leased to any fixed base
operator. Additional areas will be made available to operators on the basis of
need and availability.
Fuel and Oil Sales. Persons conducting aviation fuel and oil sales on the airport
shall be required to provide:
(1) Hard surface ramp space accessible by taxiway with electric pumps and
tank storage having a capacity equal to the minimum tank truck load
deliverable for 80/87 and 100 /130 grade aviation fuel and, if public
demand requires, also provide standard jet fuel.
(2) Properly trained line personnel on duty at least eight hours of every
calendar day, seven days a week, and on call by readily accessible
telephone at other hours during the day or night.
(3) Proper equipment for repairing and inflating aircraft tires, servicing oleo
struts, changing engine oil, washing aircraft and aircraft window and
windshields, and for recharging or energizing discharged aircraft
batteries and starters.
(4) Conveniently located (air - conditioned) lounge or waiting rooms for
passengers, and airplane crews of itinerant aircraft, together with sanitary
rest rooms and public telephones.
(5) Adequate towing equipment and parking and tie -down area to safely and
efficiently move aircraft and store them in all reasonably expected
weather conditions.
(6) Adequate inventory of generally accepted grades of aviation engine oil
and lubricants.
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K.
In conducting refueling operations, every operator shall install and use
adequate grounding facilities at fueling location to eliminate the hazards
of static electricity and shall provide approved types of fire extinguishers
or other equipment commensurate with the hazard involved in refueling
and servicing aircraft.
Aircraft Maintenance and Repair. All persons operating aircraft engine and
accessory maintenance facilities shall provide:
(1) Sufficient hangar space to house any aircraft upon which such service is
being performed.
(2) Suitable storage space for aircraft awaiting maintenance or delivery after
repair and maintenance has been completed.
(3) Adequate shop space to house the equipment and adequate equipment
and machine tools, jacks, lifts, and testing equipment to perform top
overhauls as required for FAA certification and repair of parts not
needing replacement on all single engine land and light multi - engine
land general aviation aircraft.
(4) At least on FAA certified airframe and engine mechanic available during
eight hours of the day, five days per week.
(5) Facilities for washing and cleaning aircraft.
(6) Non - airworthy aircraft shall be screened from public view.
(7) Separately partitionable space with adequate exhaust fans and fire
protection for spray painting if this type of work is performed.
Flight Training. All persons conducting flight - training activities shall meet all
required Federal Aviation Administration regulations and shall provide:
(1) Properly certified flight instructors for the appropriate level of training.
(2) Appropriate aircraft properly equipped and maintained for flight
instruction and such additional types of aircraft as may be required to
give flight instruction of the kind advertised.
(3) At least 400 square feet of office, lounge, and restroom area. Operator
must provide adequate classroom space for at least ten students with
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proper restroom and seating facilities. A part of the required facilities,
with the consent of the owner, may be located off airport property.
(4) Adequate mock -ups, pictures, slides, or other visual aids necessary to
provide proper ground school instruction.
(5) Properly certified ground school instructor providing regularly scheduled
ground school instructions sufficient to enable students to pass the FAA
written examinations for private pilot and commercial ratings. Operator
must maintain the necessary classroom space properly equipped for
ground school instruction commensurate with FAR requirements of a
certified Pilot School or Provisional Pilot School and shall hold a current
and valid Pilot School Certificate or Provisional Pilot School Certificate.
(6) Continuing ability to meet certification requirements of the FAA for the
flight training proposed.
(7) Adequate public liability and property damage insurance sufficient to
protect the operator from legal liabilities involved.
L. Aircraft Charter and Taxi Service. Persons operating aircraft charter and taxi
service shall provide:
(1) Passenger lounge, rest rooms and telephone facilities as required of an
operator for fuel and oil sales.
(2) Adequate table, desk or counter for checking in passengers, handling
ticketing or fare collection, handling of luggage.
(3) Shall have properly certificated suitable aircraft with properly
certificated and qualified operating crew available for services when not
otherwise engaged in such service. Such crew and aircraft shall be
available upon call within one hour's notice.
(4) Shall provide passenger liability insurance of at least $100,000 per
passenger seat and property damage liability of at least $1,000,000.
M. Aircraft Rental and Sales. Persons conducting aircraft rental and sales activity
shall provide:
(1) Suitable office space for consummating sales and/or rentals and the
keeping of the proper records in connection thereof.
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(2) Hangar storage space for at least one aircraft to be used for sales or
rental.
(3) For rental, at least one airworthy aircraft suitably maintained and
certificated.
(4) Adequate facilities for servicing and repairing the aircraft or satisfactory
arrangements with other operators on the airport for such service and
repair.
(5) There shall be available, at least during eight hours of the working day, a
properly certificated pilot capable of demonstrating new aircraft for sale
or for checking out rental aircraft.
(6) The minimum stock of readily expendable spare parts, or adequate
arrangements for securing spare parts required for the type of aircraft and
models sold.
(7) Current up- to-date specifications and price lists for types and models of
new aircraft sold.
(8) Proper checklists and operating manuals on all aircraft rented and
adequate parts catalogue and service manual on new aircraft sold.
N. Crop Dusting and Spraying. Persons seeking to conduct crop dusting or
spraying of agricultural chemicals shall be required to satisfy the Airport
Manager that:
(1) Suitable arrangements have been provided for the safe storage and
containment of noxious chemical materials; no poisonous or
inflammable materials shall be kept or stored in close proximity to other
facility installations at the airport.
(2) The operator shall have available properly certificated aircraft suitably
equipped for the agricultural operation undertaken.
(3) No crop dusting operation shall be conducted on the principal public use
apron or ramp of the airport. Owner shall assign adequate operational
space.
(4) An agreement shall be in place holding the County of Harnett harmless
in case of accidental spills and other accidents caused by the operation.
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O. Miscellaneous operations - Operations such as radio and instrument repairs,
aerial advertising, aircraft tie -down, and other aeronautical activities not herein
before provided for may be conducted by any person, firm or corporation upon
application to and approval of the owner. Reasonable terms and conditions for
the privilege of engaging in these various services will be established by the
owner commensurate with the nature and scope of the activities involved.
P. Multiple services - Hangar space, office and lounge space, aircraft parking area
and other such required facilities will be coterminous or concurrent requirements
where an operator offers multiple services to the extent that such facility
requirements will be reasonable.
Q. Minimum standards for hangars, shops or other buildings — Hangars, shops, and
other buildings shall be constructed of metal or masonry materials or a
combination of the two with an exterior light tan color. Floor areas shall be
concrete. Storage hangars shall contain 10 units for aircraft storage.
Maintenance shops and corporate hangars shall contain a minimum of 6,400
square feet of floor space. These buildings shall be fireproofed and of metal or
masonry construction, properly designed doors at both ends, stressed in
accordance with the national building code, floor of properly constructed
concrete or asphalt or sufficient designed load strength to sustain all types of
aircraft using the facility. A minimum area of 640 square feet of office space,
rest rooms, and lounge which may be an adjunct to other buildings, must also be
fireproofed and of steel or masonry construction. Larger facilities should allow
10 percent of total square footage for office space, rest rooms, and lounge area.
R. Aircraft parking aprons shall be constructed according to plans and
specifications approved by the owner. Areas of aircraft parking apron may be
required for operators selling aviation petroleum products, ramp services and
aircraft repair.
S. All services shall be provided on a fair, equal, and not unjustly discriminatory
basis to all users of the airport. The prices charge for each unit of service shall
be fair, reasonable, and not unjustly discriminatory; provided, that the operator
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may be allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar type price reductions to volume purchasers.
The operator shall provide his services in accordance with the provisions of Title
VI of the Civil Rights Act of 1964 (P.L. 88 -352). Accordingly, no person shall
be denied equal services on the ground of race, color, or national origin.
SECTION 10
PROCEDURE FOR RECEIVING AND PROCESSING APPLICATIONS FOR
COMMERCIAL OPERATIONS
Any applicant wishing to establish an aeronautical activity on the airport shall be
furnished a copy of these minimum standards, as amended, and shall make
application in writing to the owner, setting forth in detail the following:
(1) The name and address of the applicant.
(2) The proposed land use, facility and/or activity sought.
(3) The names and qualifications of the personnel to be involved in
conducting such activity.
(4) The financial responsibility and technical ability of the applicant and
operator to carry out the activity sought.
(5) The tools, equipment, services and inventory, if an, proposed to be
furnished in connection with such activity.
(6) The requested or proposed date for commencement of the activity and
the term of conducting the same.
(7) The estimated cost of any structure or facility to be furnished, the
proposed specifications for same, and the means or method of financing
such construction or acquisition of facilities.
Upon the filing of such an application with the owner, it shall be immediately
referred to the appropriate committee and considered at the next scheduled
meeting. If no meeting is scheduled within thirty (30) days from the filing of
such application, a meeting shall be called for considering same and notice
thereof given to the applicant. Applications shall be consistent with the intended
use of the airport and to promote safe aeronautical activities.
20
Upon consideration of the application, the owner shall determine whether or not
the applicant meets the standards and qualifications as herein established and
whether or not such application should be granted in whole or in part.
C. Upon approval of any such application in principle, the owner shall cause to be
prepared a suitable lease or contract agreement setting forth the terms and
conditions under which the fixed base operation shall be conducted.
D. Any rejected application shall be returned to the applicant within ten (10) days
of the rejection with a written explanation of the reasons for the rejection.
SECTION 11
SPECIAL AIRPORT USES
A. The owner obligates itself to operate the airport for the use and benefit of the
general public and to keep the airport open to the various types, kinds, and
classes of aeronautical use for which the airport facility is designed and intended
to serve.
B. The owner has established these rules to be met by all users so as to provide for
the safe and efficient use of the airport and to otherwise protect the safety of
persons and property both on the ground and in the air.
C. It is understood that the landing area facilities constructed are primarily intended
for the use of powered aircraft whose weights are not in excess of the published
pavement strengths may be permitted on an infrequent basis with the permission
of the owner.
D. No operations involving non - powered aircraft, including glider's, balloons,
parachuting and other unusual and special classes of aeronautical activities, will
be permitted on the airport without the prior written approval of the owner.
E. Considering the owner's obligation to keep the airport open to the public for
aeronautical purposes, the airport facilities will not he used for non - aeronautical
events which would conflict with its aeronautical use.
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EFFECTIVE DATE
This ordinance shall become effective and be in full force from and after the
F% day of ##,2004. Adopted this the //,o Y4— day of
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Kay S. 'Blanchard
Clerk to the Board
NORTH CAROLINA
HARNETT COUNTY
COUNTY BOARD OF COMMISSIONERS
MAA
ACKNOWLEDGEMENT
I, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd,
personally appeared before me this day who being by me duly sworn, deposes and says
that he is Chairman of the Harnett County Board of Commissioners and Kay S.
Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrument is
the official seal of Harnett County, that said instrument was signed and sealed by him,
attested by the said Clerk and the County's seal affixed thereto, all by authority of the
Board of Commissioners of said County, and the said Teddy J. Byrd, acknowledged
said instrument to be the act and deed of Harnett County.
Witness my hand and Official Seal on Aug. 16, 2004
My Commission Expires:
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KIMBERLY S. HARGROVE
REGISTER OF DEEDS, HARNETT
305 W CORNELIUS HARNETT BLVD
SUITE 200
LILLINGTON, NC 27546
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of recorded document, and must be submitted with original for re- recording
and /or cancellation.
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Filed For Registration:
Book:
Document No.
Recorder:
08/1912004 08:36:36 AM
RE 1972 Page: 483 -506
2004015458
ORDINANCE 24 PGS $80.00
ELMIRA MCLEAN
State of North Carolina, County of Harnett
The foregoing certificate of DEANNA BAREFOOT Notary is certified to be correct. This 19TH of August 2004
KIMBERLY S. HARGROVE , REGISTER OF DEEDS
By: 4
Deputy/Agsistant Register of Deeds
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