MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL …

MINIMUM REQUIREMENTS

FOR

AIRPORT AERONAUTICAL SERVICES

FAYETTEVILLE REGIONAL AIRPORT (FAY)

Adopted by Airport Commission

as of

November 1, 2013

1

POLICY

The grant of an exclusive right for the conduct of any aeronautical service on an airport on which Federal grants, administered by the Federal Aviation Administration, have been extended is regarded as contrary to the requirements of applicable laws, whether such exclusive right results from an express agreement, from the imposition of unreasonable standards of requirements, or by any other means. The Federal Aviation Administration considers that the existence of an exclusive right to conduct any aeronautical activity limits the usefulness of an airport and deprives the using public of the benefits of competitive enterprise. Apart from the legal considerations, the Federal Aviation Administration believes it is clearly inappropriate to apply Federal funds to improvement of an airport where full realization of the benefit would be restricted by the exercise of an exclusive right to engage in aeronautical activities. It is the intent of this policy to promote fair competition at Fayetteville Regional Airport and not to expose those who have undertaken to provide commodities and services to irresponsible competition. The Airport Commission adopts and enforces these Minimum Requirements for Aeronautical Services to be met by those who propose to conduct a commercial aeronautical activity. These requirements, by expressing minimum levels of service that must be offered, relate primarily to the public interest, and appropriate requirements uniformly applied discourage substandard enterprises, thereby protecting both the established aeronautical activity and airport patrons.

2

INDEX

Page Number

1. General Requirement 3

2. Multiple Services 12

3. Airframe and Power Plant Repair 14

4. Flight Training 16

5. Aircraft Rental 18

6. Radio, Instrument, and Propeller Repair Service 20

7. Air Taxi 22

8. Aircraft Sales 24

9. Specialized Commercial Flight Services 26

10. Non-FBO Hangars 27

11. Hangar Guidelines (under development) 29

3

GENERAL REQUIREMENT

That the following ordinance establishing the requirements and minimum standards for Fixed Base Operations (FBOs) providing aeronautical services to the public at Fayetteville Regional Airport is hereby adopted and shall be effective immediately: SECTION 1 – General Statement of Policy It shall be the policy of the Fayetteville Airport Commission that any person, firm, or corporation wishing to provide aeronautical services to the public or conduct special commercial aeronautical activities as defined herein at the Fayetteville Regional Airport shall be given equal opportunity to compete without discrimination for use of available airport facilities. SECTION 2 – Business Activities Subject to applicable orders, certificates, or permits of the Federal Aviation Administration (FAA) or its successor, no person shall use the airport or any portion thereof, or any of its improvements or facilities, for a revenue-producing commercial aeronautical business to serve the public, who has not first complied with these minimum standards and the rules and regulations of the Fayetteville Regional Airport and entered into a written lease agreement with Fayetteville Airport Commission. SECTION 3 – Definitions For purpose of these minimum standards, the following definitions shall apply:

a. Aeronautical Services/Activities: The following services/activities commonly conducted on airports are aeronautical activities within this definition: charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising, 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, and any other activities which because of their direct relationship to the operation of an aircraft, can appropriately be regarded as an “aeronautical activity”.

b. Airport: means Fayetteville Regional Airport, and all of the area, buildings, facilities, and improvements within the exterior boundaries of such airport, as it now exists, or as it may hereafter be extended or enlarged.

c. Airport Commission: means the body created by the City of Fayetteville

City Council. d. FAA: means Federal Aviation Administration

4

e. Fixed-Base Operator (FBO): means an individual, firm or corporation authorized by the Airport Commission under these requirements and minimum standards and operating at the Airport providing general or specialized aircraft services to the public such as fueling, maintenance, storage, ground and flight instruction, etc.

f. Aircraft Movement Area (AMA): means the runways, taxiways, and other

areas of the Airport which are used for taxiing or hover taxiing, air taxiing, take-off and landing of aircraft including loading ramps and aircraft parking areas.

g. Personnel: means persons who are employees of a fixed-base operator or

who are contractually obligated to render services to the public on behalf of a fixed-base operator.

h. Security Identification Display Area (SIDA): means the area identified in

the airport security program as requiring each person to continuously display airport approved identification, unless the person is under airport approved escort.

i. Shall: means that the word shall is always mandatory and not merely

directory. j. TSA: means the Transportation Security Administration as regulated by the

United States Department of Homeland Security

SECTION 4 – Application Application for ground leases on the airport, or for permission to carry on any commercial aeronautical business to serve the public on the airport, shall be made to the Airport Commission by application with all necessary permits and licenses, delivered to the office of the Airport Director in triplicate. The application shall be in sufficient detail to discern the complete qualifications of the applicant to perform the desired service and shall include the following:

a. A written synopsis detailing nature of the proposed activity including: 1. The name, address, and telephone number of the applicant;

2. A detailed description of the proposed FBO that will serve the public

including the proposed date of commencement of the services;

3. The professional qualifications of personnel who will manage and/or operate the proposed FBO;

5

4. Descriptions and cost estimates of any proposed capital improvements on the FBO site.

b. A current financial statement prepared and certified by an independent

certified public accountant or certified by the Chief Financial Officer of the applicant. The Airport Commission shall consider financial statements in evaluating the applicant’s financial ability to provide responsible, safe, and adequate service to the public.

c. A written listing of the assets owned, leased or being purchased which will

be used in the business on the airport. Copies of any leases or purchase contracts must be attached.

d. A written agreement that the applicant will execute such forms, releases, or

discharges as may be requested by the FAA and all aviation or aeronautic commissions, administrators, or departments of all states in which the applicant has engaged in aviation business, to release information in their files relating to the applicant or its operation.

e. The application shall be signed and submitted by the owner of business if a

sole proprietorship, every partner if a partnership, and the President or CEO if a corporation.

f. The applicant agrees to provide any additional information and material

necessary, or requested by the Airport Commission or Airport Director, to establish that the applicant can qualify and will comply with these minimum standards.

NOTE: If requested by the applicant, the Airport Director shall hold the financial information included with the application separate from the application and not available for public inspection provided the applicant requests confidentiality in accordance with the North Carolina Freedom of Information Act. All other provisions of the application shall be available for public inspection. The application, together with all supporting documentation shall be submitted to the Airport Director no later than thirty working days prior to any regularly scheduled meeting of the Airport Commission. SECTION 5 – Action on Application After an application has been completed and material submitted in accordance with Section 4, and reviewed and deemed complete by the Airport Director, the matter shall be considered at the next regularly scheduled meeting of the Airport Commission. The Airport Commission may deny any application if, in its sole opinion, it finds any one or more of the following:

6

a. The applicant for any reason does not meet the qualifications, standards and requirements established by these minimum standards; or

b. The applicant’s proposed operation or construction will create a safety

hazard on the airport; or c. The granting of the application will require the Airport Commission to

spend funds, supply labor or materials in connection with the proposed operation, or the operation will result in a financial loss to the Airport Commission; or

d. Inappropriate, inadequate, or insufficient space in buildings at the airport to

accommodate the entire activity of the applicant at the time of application exists; also no available airport land suitable for construction of buildings and facilities to accommodate the entire activity of the applicant at the time of application exists; or

e. The development or construction on the airport to accommodate the

proposed operation does not comply with the FAA approved Airport Layout Plan for the airport; or

f. The development or use of the area requested by the applicant will result in

congestion of aircraft or buildings or will result in unduly interfering with the operations of any present fixed-base operators on the airport and/or prevent free access to the fixed-base operator’s area; or

g. The applicant has either intentionally or unintentionally misrepresented or

omitted any pertinent information in the application or in supporting documents; or

h. The applicant has a record of violating the rules and regulations of any other

airport or civil air regulations, Federal Aviation Administration regulations, TSA, or any other rules and regulations applicable to the Fayetteville Regional Airport; or

i. The applicant has defaulted in the performance of any lease or any other

agreement with the Airport Commission; or j. The applicant does not, in the opinion of the Airport Commission, exhibit

adequate financial responsibility to undertake the project based upon financial information provided; or

k. The applicant cannot provide a performance bond or other acceptable surety

in the amount required by the Airport Commission for that contract; or

7

l. The applicant has been convicted of any felony or misdemeanor involving moral turpitude.

SECTION 6 – Airport Security The TSA has determined that employees of the Airport, airport tenants, and contractors, including air carriers having access to the restricted areas of the Airport are in positions where their actions could have critical impacts on the safety and security of the traveling public. In order to institute a program of security on the Airport’s Security Identification Display Area (SIDA) and Aircraft Operations Area (AOA), the following standards are hereby adopted:

a. All operators, their employees and clients with unescorted access to any area in the SIDA shall be required to display an identification badge which is visible on their person at all times while in the SIDA. Badges shall be issued by the Airport Security Coordinator (ASC) or the Assistant ASC to gain access in the SIDA and/or AOA. Written authorization by a tenant manager for an employee’s SIDA access, and personal requests by persons desiring unescorted access to the AOA, shall constitute a representation by the employer or person requesting access that the employee, client, or individual requiring unescorted access is authorized to be in the SIDA/AOA. Persons requiring access to the SIDA/AOA shall affirm in writing and comply with all the security/training protocols in the Fayetteville Regional Airport Security Program (FAY ASP). For persons with unescorted access to the SIDA, a 10-year fingerprint-based criminal history records check (CHRC) and security threat assessment (STA) must be conducted before badge issuance. Persons with unescorted access to the AOA only, must undergo an STA before badge issuance. Both SIDA and AOA badge holders must be initially trained in FAY security requirements, escort protocols, and rules for driving on the AOA, before badge issuance.

b. The Airport Commission has adopted a color-coded system for the issuance

of badges as follows (color coding subject to change when required by FAA):

1. Blue Unescorted access to all SIDA areas (City

Employees)

2. Green Air Carrier/Contractors/Tenant Organizations (with SIDA or Secure Area Access)

3. Pink General Aviation/Parking only (non-SIDA Access)

8

c. As requested by the Airport Director or FAY Airport Security Coordinators, any person or entity (on behalf of all its employees) using the Airport shall be required to make annual written representations that they are in possession of assigned security badges. Biannually, all security badges must be surrendered to the Airport Security Coordinator or Assistant ASC for mandatory updates to media that expires every two (2) years. Acceptance of FAY SIDA/AOA security media shall constitute personal acceptance of additional training or background investigations as may be required by the TSA for SIDA or AOA badge holders.

d. Any person found in the SIDA without a security badge shall be

immediately escorted from the SIDA area. Subsequent violations may result in termination of access privileges to the SIDA. If an access card is lost, the Airport Director or his designated representative must be immediately notified so that the security media can be voided from the access system. Should a violation occur, resulting in the assessment of fines by the TSA, then the organization to which the specified violation belongs is totally responsible for all financial liability (or charges).

e. Anyone going into the SIDA or AOA must attend SIDA/AOA training and

be issued an access card or be escorted while in the SIDA/AOA areas. f. Access to the SIDA will be governed by an access card issued by the Airport

Security Director or Assistant ASC. In accordance with TSA regulations, persons who have been issued security media, but who do not have media readily available but need access to SIDA/AOA areas may NOT be escorted by other media holders. The holder of any card is also not permitted to let anyone else use his/her card. Any unauthorized delegation of right to use the access card will result in revocation of the privilege to use access cards and access to the SIDA/AOA.

SECTION 7 – Compliance with Safety and Environmental Rules and Regulations Users of the Airport shall comply with all applicable federal, state, and local security, safety and environmental rules and regulations. SECTION 8 – Non-Compliance with Safety Procedures for Ground Vehicles

a. All persons or entities operating ground vehicles at the airport are required to participate in FAA approved training for the operation of ground vehicles on the airport as provided by the Airport Commission. All persons or entities operating ground vehicles are required to sign a statement to be kept on file by the Airport Director’s office that they understand the rules and regulations, including the consequences of non-compliance with safety procedures for ground vehicles, and that they agree to abide by such rules and regulations.

9

b. Any tenant or contractor, or any of the employees, agents, or licensee(s), of

the Fayetteville Regional Airport in violation of any of the procedures for the safe and orderly access to, and operation on, the aircraft movement area and safety areas by ground vehicles shall be subject to removal from the airport or termination of any lease or use agreement as may be deemed appropriate by the Airport Director.

SECTION 9 – Approval of Construction

a. No building, structure, tie-down, ramp, paving, taxi area, or other improvement or addition to the airport shall be placed or constructed on the airport, altered or removed, without the prior written approval of the Airport Commission. In the event of any construction, the Airport Commission may, at its discretion, require appropriate bond to guarantee the completion of construction and/or demolition.

b. The Airport Commission reserves the right to review any proposal for

construction on the airport particularly with regards to conformity with the existing FAA approved airport layout plan and TSA security regulations. Any proposal for construction on the airport shall be, in the opinion of the Airport Commission, aesthetically compatible with the existing buildings on the airport and comply with architectural standards implemented at the time of construction.

SECTION 10 – Subleasing/Sale of Lease No right, privilege, permit or use agreement to provide aeronautical services to the public on the airport, or any lease of any area of the airport, shall be assigned, subleased, sold or otherwise transferred or conveyed in whole or in part without prior written consent of the Airport Commission. SECTION 11 – Maintenance of Aircraft Any aircraft owner may perform authorized operator maintenance on his/her owned aircraft provided such maintenance or service is performed by the aircraft owner or his/her employee. FAY considers authorized operator maintenance to be limited to the items identified in FAR (FAR) Part 43 under Appendix A to Part 43, Subsection (c) Preventative Maintenance (1-31). Any owner or approved employee who performs maintenance as authorized in this section shall perform such maintenance within the confines of an individual private T-Hangar or joint use hangar provided such activity does not pose a fire or safety hazard and does not impede the ingress/egress of other hangared aircraft. Any aircraft owner utilizing an employee to perform aircraft maintenance may be required to provide the Airport Commission evidence of employment in a form acceptable to the Airport Commission. Social Security records, corporate identification, etc. shall be deemed acceptable evidence of employment. All

10

other maintenance performed on the aircraft by the aircraft owner or his employee will be at a location on the airport approved by the Airport Commission. Use of tie-down areas for maintenance shall be prohibited unless otherwise approved by the Airport Commission. An aircraft owner shall not contract with a second party, such as an aircraft maintenance company or contractor, to perform “scheduled” maintenance on his/her aircraft at the Fayetteville Regional Airport unless said company or contractor is recognized by the Airport Commission as an authorized Maintenance FBO as defined in the Fayetteville Regional Airport Minimum Requirements. “Unscheduled” aircraft maintenance by a non-based maintenance company or contractor is permitted provided the aircraft owner notifies the Airport Commission of this activity in advance and the company or contract presents to the Airport Commission proof of proper FAA licenses and certificates to perform aircraft maintenance, proof of public liability insurance, and the aircraft owner/Airport Commission can identify an area to perform such “unscheduled” maintenance service. Airport Commission notification shall consist of the aircraft owner contacting the Airport Director’s office and providing written documentation supporting the above requirements. “Unscheduled” maintenance is limited to the following:

1. Warranted maintenance work that requires repair or additional attention by the warranting company.

2. A malfunction that prevents the aircraft from being taken to another airport for

maintenance.

3. Maintenance work requiring a specialty service that is not being provided by an existing FBO operating on the airport.

All aircraft maintenance shall be conducted strictly in accordance with the Fayetteville Regional Airport Rules and Regulations, all federal, state, and local fire and safety regulations, air worthiness directives, and other applicable rules and regulations. SECTION 12 – Violations and Redress Any violation of provisions of the Minimum Requirements by any person or organization shall cause termination of the permit, contract or agreement under which they are operating. Upon termination, the person or organization shall not be eligible for a new permit, contract or agreement for a period of six months.

11

MULTIPLE SERVICES Lessees desiring to engage in two or more commercial aeronautical activities must provide as a minimum the following:

1. Land

The leasehold for multiple activities shall contain 43,560 square feet (1 acre) of land to provide space for specific use area requirements established for the service to be offered.

2. Buildings

Lease existing facility or construct a building sufficient to provide 8,000 (80x100) square feet of hangar/shop space meeting local and state industrial code requirements. Construct or lease a building providing 2,500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge with telephone. Repair stations must provide minimum of 1,000 square feet shop space. Lease or construct 40,000 square feet of paved aircraft ramp area.

3. Personnel

Multiple responsibilities may be assigned to personnel to meet personnel requirements for all activities.

4. Aircraft

All requirements for aircraft for the specific activities to be engaged in must be provided; however, multiple uses can be made of all aircraft, except aerial applicator aircraft, to meet these requirements. In order to meet these requirements, however, a minimum of two aircraft must be owned or under the direct control of the lessee and based on the lessee’s leasehold.

5. Equipment

All equipment, specifically required for each activity, must be provided.

6. Fueling Facilities and Tenant Discounts

Metered filter – equipped dispenser fixed or mobile for dispensing Avgas and Jet A fuel from storage tanks having minimum capacity of 10,000 gallons each. Mobile dispensing truck(s) shall have a total of 750 gallon and 1,500 gallon

12

capacity for each grade of fuel, respectively. Separate dispensing pumps and meters for each grade of fuel are required.

7. Hours of Operation and Services

The lessee will adhere to the operating schedule as required for each activity. All services specifically required for each activity must be provided during the hours of operation, with a minimum of 9:00 AM to 5:00 PM.

8. Insurance Coverage

The lessee will obtain the highest single coverage in the amounts established for each type of insurance required for the specific activity.

13

AIRFRAME AND/OR POWER PLANT REPAIR

Any lessee desiring to engage in airframe and/or power plant repair service must provide as a minimum the following:

1. Land

The leasehold shall contain an area of 15,000 square feet (1/3 acre) to provide space for all buildings and temporary parking of aircraft, private auto parking paved ramp area to appropriate lot line and paved side walkway.

2. Buildings

Lease existing facility or construct a building sufficient to provide 3,600 square feet of hangar space meeting local and state industrial code requirements. Repair stations must provide minimum of 1,000 square feet shop space. Construct or lease a building providing 500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge area with telephone. Lease or construct paved ramp area providing a minimum of three tie-down spaces.

3. Personnel

One person currently certified by Federal Aviation Administration with ratings appropriate for work being performed who may hold an airframe and/or power plant rating. Office shall be attended during required operating hours.

4. Hours of Operation

The normal operating hours shall be from 9:00 a.m. to 5:00 p.m. five days a week. Provide for mechanical service during weekends on an on-call basis.

5. Equipment

Sufficient equipment, suppliers and availability of parts to perform maintenance in accordance with manufacturers’ recommendations or equivalent.


Commercial General Liability (CGL) with limits of $1,000,000.00 per incident.

14

Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions. Products Liability/Completed Operations insurance with single limits coverage of $1,000,000.00 per occurrence. Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. Workers Compensation Insurance as required by North Carolina Law. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter or memorandum. Notice of Cancellation of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision:

This policy cannot be canceled or not renewed, reduced in amount, or coverage eliminated in less than thirty days after the insurer mails written notice to the insured and the Airport Commission giving notice of such alteration, cancellation, or reduction in coverage sent by certified mail to the Airport Commission at the following address: 400 Airport Road, Suite #1, Fayetteville, North Carolina 28306.

FLIGHT TRAINING

Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following:

15

1. Land

The leasehold shall contain 10,800 square feet (1/4 acre) of land to provide space for lessee’s buildings and aircraft tie downs, paved apron from hangar to lot line, paved tie down space, private auto parking area and paved access walkway for the public.

2. Buildings

Construct or lease a building providing 500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge with telephone. Lease or construct ramp area providing tie-down space for the number of aircraft in the fleet.

3. Personnel

One person with a single, multi, and instrument ratings certified by Federal Aviation Administration as flight instructors. Certification by Federal Aviation Administration as a Pilot School.

4. Aircraft

The lessee shall own or have leased to him/her in writing two properly certified aircraft equipped for flight instruction. At least one aircraft shall be certified for Instrument Meteorological Conditions (IMC) Flight.


The hours of operation shall be as needed to meet demand, with a minimum of 9:00 AM to 5:00 PM.

6. Insurance Coverage for Owned or Leased Aircraft

Commercial General Liability (CGL) with limits of $1,000,000.00 per incident. Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions. Products Liability/Completed Operations insurance with single limits coverage of $1,000,000.00 per occurrence.

16

Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. Worker’s Compensation Insurance as required by North Carolina Law. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter of memorandum. Notice of Cancellation of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision: This policy cannot be canceled or not renewed, reduced in amount, or coverage eliminated in less than thirty days after the insurer mails written notice to the insured and the Airport Commission giving notice of such alteration, cancellation, or reduction in coverage sent by certified mail to the Airport Commission at the following address: 400 Airport Road, Suite #1, Fayetteville, North Carolina 28306.

AIRCRAFT RENTAL

17

Any Lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following:

1. Land

The leasehold shall contain 10,800 square feet (1/4 acre) of land to provide space for aircraft parking and building, private auto parking, paved ramp area and paved walkway.

2. Buildings

Construct or lease a building providing 500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge with telephone. Lease or construct ramp area providing tie-down space for the number of aircraft in the fleet.

3. Personnel

One person having a current commercial pilot certificate with a minimum of certified flight instructor instrument rating. Office to be attended during operating hours, with a minimum of 9:00 AM to 5:00 PM.

4. Aircraft

Two airworthy aircraft owned or leased in writing to the lessee. At least one aircraft shall be certified for IMC flight.


The operating hours will be from 9:00 a.m. to 5:00 p.m. seven days a week.

6. Insurance Coverage for Owned or Leased Aircraft

Commercial General Liability (CGL) with limits of $1,000,000.00 per incident. Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions. Products Liability/Completed Operations insurance with single limits coverage of $1,000,000.00 per occurrence.

18

Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. Workers Compensation Insurance as required by North Carolina Law. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter of memorandum.

Notice of Cancellation Of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision: This policy cannot be canceled or not renewed, reduced in amount, or coverage eliminated in less than thirty days after the insurer mails written notice to the insured and the Airport Commission giving notice of such alteration, cancellation, or reduction in coverage sent by certified mail to the Airport Commission at the following address: 400 Airport Road, Suite #1, Fayetteville, NC 28306.

19

RADIO, INSTRUMENT, OR PROPELLER REPAIR SERVICE

Lessees desiring to provide a radio, instrument or propeller repair service must hold a FAA repair station certificate and ratings as required in Part 65 and provide at a minimum the following:

1. Land The leasehold shall contain 10,800 square feet (1/4 acre) of land for building, private auto parking, paved hangar apron and public paved side walk.

2. Buildings

Lease existing facility or construct a building sufficient to provide 500 square feet of shop space meeting local and state industrial code requirements. Repair stations must provide minimum shop and hangar space as required by Federal Aviation Administration repair shop certification. Construct or lease a building providing 500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge with telephone. Lease or construct a building providing 3,600 square feet (60x60) of space for aircraft storage. Lease or construct ramp area providing a minimum of three tie-down spaces.

3. Personnel

One Federal Aviation Administration certified repairman qualified in accordance with Part 65.


The hours of operation shall be from 9:00 a.m. to 5:00 p.m., five days a week. Radio repair station to provide on-call service during weekends.

5. Equipment

Sufficient equipment, suppliers and availability of parts to perform maintenance in accordance with manufacturers’ recommendations or equivalent.


Commercial General Liability (CGL) with limits of $1,000,000.00 per incident.

20

Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions. Products Liability/Completed Operations insurance with single limits coverage of $1,000,000.00 per occurrence. Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. Workers Compensation Insurance as required by North Carolina Law. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter or memorandum.

Notice of Cancellation of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision:


21

AIR TAXI SERVICE Lessees desiring to engage in air taxi service must hold a Federal Aviation Administration Air Taxi Commercial Operator Certificate with ratings appropriate to the functions to be accomplished:

1. Land

The leasehold shall contain 10,800 square feet (1/4 acre) of land for buildings, private auto parking, paved hangar apron and public paved access walkways.

2. Buildings

Construct or lease a building providing 500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge with telephone. Lease or construct a building providing 3,600 square feet (60x60) of space for aircraft storage. Lease or construct three paved aircraft storage space.

3. Personnel

Two FAA certified commercial pilots who are appropriately rated to conduct air taxi service offered.

4. Aircraft

At least one aircraft must be multi-engine and capable of instrument operations under Part 135. NOTE: Aircraft shall be owned or leased by agreement in writing and meet all the relevant requirements of Part 135 of the Federal Aviation Administration regulations.


Provide on-call service during non-operating hours, with a minimum of 9:00 AM to 5:00 PM for customers to arrange for charters.


Commercial General Liability (CGL) with limits of $1,000,000.00 per incident. Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions.

22

Products Liability/Completed Operations insurance with single limits coverage of $1,000,000.00 per occurrence. Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. Workers Compensation Insurance as required by North Carolina Law. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter or memorandum.

Notice of Cancellation of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision:


23

AIRCRAFT SALES

Any Lessee desiring to engage in the sale of new or used aircraft must lease and/or provide at a minimum the following:

1. Land

The leasehold shall contain 10,800 square feet (1/4 acre) of land to provide space for building, storage and display of aircraft, private auto parking, paved pedestrian access walkway and paved apron from hangar to appropriate lot line.

2. Buildings

Construct or lease a building providing 500 square feet of properly lighted and heated floor space for office, restrooms, and public lounge with telephone. Lease or construct paved aircraft storage space for the number of aircraft physically on the airport.

3. Personnel

One person having a current commercial pilot certificate with ratings appropriate for the types of aircraft to be demonstrated. Provide for office to be attended during normal operating hours, with a minimum of 9:00 AM to 5:00 PM.

4. Services

Provide for adequate servicing of aircraft and accessories during warranty periods (new aircraft). Provide for the repair and servicing of aircraft during warranty period by own facilities or through written agreement with repair shop specializing in the make of aircraft sold, to include parts and supplies.


Operating hours will be as needed, subject to the approval of the Airport Commission.


24

Commercial General Liability (CGL) with limits of $1,000,000.00 per incident. Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions. Products Liability/Completed Operations insurance with single limits coverage of $1,000,000.00 per occurrence. Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. Workers Compensation Insurance as required by North Carolina Law. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter of memorandum.

Notice Of Cancellation Of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision:


NOTE: The above coverage should include aircraft held for sale and demonstration by lessee but owned by others.

25

SPECIALIZED COMMERCIAL FLIGHT SERVICES

Lessees desiring to engage in the specialized commercial air activities including but not limited to those listed below shall provide as a minimum the following: Banner towing and aerial advertising, aerial photography, or survey firefighting or fire patrol. Any other operations specifically excluded from Part 135 of the Federal Aviation Administration.

1. Permit

Specialized commercial services are considered on a case by case basis.

26

NON-FBO HANGAR

Lessees desiring to operate from privately-owned or leased hangars must meet the following minimum operating standards.

1. Land The leasehold shall contain an area of 6,400 square feet to provide space for all buildings, aircraft parking, paved ramp area, employee parking, and official company visitor parking. All land shall be leased from the airport operator. Access to airport property from privately-owned land, commonly referred to as “through-the-fence” operations, is strictly prohibited.

2. Buildings

Lease or construct a building providing 2,500 square feet of space for aircraft storage. Construct paved area in order to connect the hangar with the adjacent taxiway.

3. Services

The lessee may hangar, tie-down, adjust, repair, clean and otherwise service his own aircraft, provided he does so with his own employees or those FBOs established at Fayetteville Regional Airport in accordance with the established policies of the Federal Aviation Administration and standards of the airport operator relating to such work. Corporate fuel farms are not permitted. Fueling services are to be contracted through established FBO.

4. Federal Requirements

The lessee shall comply with all federal statues and all regulations including, but not limited to, those promulgated by the Federal Aviation Administration.

5. State and Local Requirements

The lessee shall comply with all state and local statutes, rules, and regulations, including but not limited to, those relating to tax, fire, building, and safety matters.

27

6. Environmental Requirements The lessee shall comply with all applicable local, state, and federal environmental statutes and regulations, including but not limited to, for the disposal of waste oil and other potentially hazardous substances.

7. Insurance

Commercial General Liability (CGL) with limits of $1,000,000.00 per incident. Aircraft Liability insurance endorsed for contractual liability coverage with single limits of $1,000,000.00 per occurrence with no internal passenger amount restrictions. Hangar Keeper’s Legal Liability insurance with single limits of coverage of $1,000,000.00 per occurrence. NOTE: In situations where one or more of the above coverages is clearly not necessary to be maintained by the Lessee, the Airport Commission may waive such coverage(s) by appropriate written letter or memorandum.

Notice Of Cancellation Of Coverage: Each of the insurance policies and certificates listed above, except for workers compensation insurance, shall show the Airport Commission as a named insured, and shall bear the following provision:

This policy cannot be canceled or not renewed, reduced in amount, or coverage eliminated in less than thirty days after the insurer mails written notice to the insured and the Airport Commission giving notice of such alteration, cancellation, ore reduction in coverage sent by certified mail to the Airport Commission at the following address: 400 Airport Road, Suite #1, Fayetteville, North Carolina 28306.

Documents

MINIMUM REQUIREMENTS FOR AIRPORT AERONAUTICAL …