[HISTORY: Adopted by the Airport Commission of the Town of Orange 5-26-1981. Amendments noted where applicable.]
A. 
These rules and regulations have been adopted in compliance with MGL c.90, § 51J, by the Orange Airport Commission and the Town of Orange, and conform to the Massachusetts laws relating to aeronautics.
B. 
These rules and regulations are designed to insure that the public receives responsible, reliable, safe and adequate service from those who are authorized to conduct activities at the Airport, and to assist in preserving the stability of business operations at the Airport, and to insure that all operations are performed in a safe manner, in conformance with all applicable state and federal regulations.
The following terms, as used in these rules and regulations, shall have the following meanings:
AIRCRAFT
Includes any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air, to include ultralights and power gliders.
AIRPORT COMMISSION or COMMISSION
The Orange Airport Commission.
FUEL HANDLING
The transporting, delivering and fueling of aviation, vehicle or heating fuels.
FUEL STORAGE AREA
Includes those portions of the Airport designated temporarily or permanently by the Orange Airport Commission as areas in which gasoline or any other type of fuel may be stored, including but not limited to gasoline tank farms and bulkheads, at which fuel is located.
GROUND SUPPORT EQUIPMENT
Automotive vehicles, mobile equipment, omnibuses, tank vehicles, refueling service vehicles, and mobile refueling stations and any other equipment used to service aircraft.
JET AIRCRAFT
Turbine-powered aircraft which are not propeller driven.
MANAGER
The Airport Manager or the Assistant Airport Manager.
OPERATIONAL AREA
Any place on the airport normally used for operation of aircraft.
PUBLIC AIRCRAFT PARKING AND STORAGE AREAS
Includes those portions of the airport designated and made available by the Airport Commission to the public for the parking or storage of aircraft.
PUBLIC RAMP AND APRON AREA
Includes those portions of the airport designated and made available by the Airport Commission to the public for the loading and unloading of cargo and/or passengers.
PUBLIC VEHICULAR PARKING AREA
Includes those portions of the airport designated and made available by the Airport Commission to the public for the parking of vehicles.
TURBO-PROP AIRCRAFT
Includes any and all aircraft which accomplish motion by means of a jet engine having a turbine-driven propeller.
VEHICLE
Includes automobiles, trucks, buses, motorcycles, bicycles, mini-bikes, trail bikes and any other device in or upon which any person or property is or may be transported.
A. 
No individual, firm or corporation shall use the airport or any portion thereof as a fixed-base operator, flight operator or other activity for revenue-producing commercial business who has not first obtained consent from the Commission for such activity and entered into such written leases and other agreements as are prescribed by the Airport Commission.
B. 
Unless otherwise provided in a lease or other agreement, no one shall use any area of the airport for storage or cargo or other property without permission, and the Manager shall have the authority to order unauthorized cargo or other property removed or to cause the same to be removed and stored at the expense of the owner or consignee thereof, without liability for damage thereto arising from or out of such removal or storage.
C. 
Unless otherwise provided in a lease or other agreement, no one shall use any area of the Airport (other than the public aircraft parking and storage areas), for parking and storage of aircraft without permission from the Manager or his assistant.
D. 
The Airport Commission may from time to time charge reasonable fees for aircraft landing or taking off from the airport.
E. 
All charges due the Airport Commission for the use of the Orange Municipal Airport shall be payable in cash, unless credit arrangements satisfactory to the Airport Commission have been made in advance or permission has been secured for payment by check.
F. 
No one shall post, distribute or display signs, advertisements, circulars, printed or written matter at the Airport without permission of the Airport Manager or his assistant.
G. 
No one shall solicit funds or business for any purpose at the Airport without permission of the Airport Manager.
H. 
No one shall loiter in or about any toilet, waiting room or any other appurtenance of the Airport who is unable to give a satisfactory explanation of his presence.
I. 
No one except authorized peace officers, post office, customs, express and air carrier employees or members of the Armed Forces of the United States on official duty shall carry any firearms or explosives at the Airport.
J. 
Anyone finding lost articles at the Airport shall turn them over to Airport Security or to the Airport Manager. Articles unclaimed by the owner after the authorized retention period will be turned over to the finder thereof.
K. 
No one shall place, discharge, or deposit in any manner, garbage or any refuse in or upon Airport property except at such places as the Airport Commission may from time to time prescribe, and unless all containers for such materials are kept covered, and unless such material can be prohibited from leaking, dripping, dropping, sifting, or otherwise escaping, and unless such material is transported in covered vehicles.
L. 
No one shall enter any public landing area or public ramp and apron area of the Airport with any animal except a "Seeing Eye" dog or one properly confined for shipment. Animals may be permitted in other areas of the Airport if on a leash or confined in such manner as to be under control.
M. 
Smoking is prohibited in all aircraft operating areas.
N. 
Fire extinguisher equipment at the Airport shall not be tampered with at any time or used for any purpose other than fire prevention.
O. 
Heater valves, blower motors or any other Airport machinery or equipment shall be operated by authorized Airport employees only. No one other than an authorized Airport Commission employee shall turn heaters in public areas on and off or operate any other Airport equipment, except in leased areas.
A. 
A fixed-base operator or flight operator is anyone who performs or conducts any one or all of the following activities:
(1) 
The operation of an air school, which shall mean any person or persons or corporation engaged in giving or offering to give instructions in aeronautics, either in flying aircraft or ground subjects, or both, for hire or reward and/or employs other persons for such purposes.
(2) 
The operation of aircraft for hire, which shall mean hire to the general public (or members or classes thereof) and shall not include such operations as are incidental to the carrying on of the general business of the aircraft owners engaged in a business other than aeronautics.
(3) 
The sale, demonstration or rental of aircraft, the sale of aircraft parts and supplies, including the sale of aircraft fuel and oil, or the service of aircraft with fuel and oil.
(4) 
The maintenance and repair of aircraft and appurtenances, except persons engaged in minor maintenance of aircraft owned or operated by them.
(5) 
Aircraft radio sales or service.
(6) 
The furnishing of aircraft storage or tiedowns.
(7) 
The giving of sightseeing rides, the performance of aerial photography, aerial advertising and surveying, aerial patrol, operation of air ambulance or cargo services.
(8) 
Any other activity, which involves, makes possible or is required involving the operation of aircraft, or the Airport, or that contributes to or is required for the safety of such operation.
B. 
The foregoing is not intended to include anyone landing at the Airport for the purpose of securing service or making a visit.
FBO operations must:
A. 
Be in conformance with current FAA, local and Massachusetts Aeronautical regulations and laws.
B. 
Demonstrate financial stability, credit rating and currency with respect to payment of all taxes, fees and other agreed charges.
C. 
Demonstrate an initial investment in buildings, equipment, furniture, fixtures, tools and other assets pertaining to the operation on the Airport which meets the approval of the Airport Commission.
D. 
Agree to indemnify the Town of Orange, backed by liability insurance in appropriate amounts, for all claims arising from or attributable to the operation to which these regulations are applicable.
E. 
Post, and abide by, agreed hours of operation of services to the public.
F. 
Provide qualified personnel appropriately certificated, where required by federal regulations.
A. 
No aircraft shall be started, run or taxied at the Airport unless a pilot, certificated to operate that particular type of aircraft, or a certificated A&P mechanic qualified to start, run or taxi that particular type of aircraft, shall be attending the controls.
B. 
The Airport Commission shall have authority to deny the use of the Airport to any aircraft or pilot violating Airport Commission, state or federal regulations.
C. 
The operator of any aircraft involved in any accident on the Airport shall report promptly of said accident or incident to the Airport Manager, who will notify the MAC and FAA personnel as soon as possible following the accident or incident.
D. 
Following completion of an aircraft accident investigation, the pilot or operator thereof shall be responsible for the prompt disposal of aircraft wrecked or disabled at the Airport and parts of such aircraft as directed by the Airport Manager. Also, such wrecked or disabled aircraft and parts may be removed by the Airport Commission at the operator's expense and without liability to the Commission for damage that may result in the course of such removal.
E. 
In the event of spillage of dripping of gasoline, oil, grease, or any other material which may be unsightly or detrimental to the pavement in any area at the Airport, the same shall be removed immediately. The responsibility for the immediate removal of such gasoline, oil, grease or other material shall be assumed by the operator of the equipment causing the same, or by the tenant or concessionaire responsible for the deposit thereof on the pavement.
F. 
The Airport Manager may prohibit all but emergency aircraft landings and takeoffs at any time when such landings and takeoffs are likely to endanger persons or property.
G. 
Glider operations will not be permitted on the Airport (except emergency landings) without permission from the Airport Manager.
H. 
Aircraft shall not be positioned, started or taxied so that propeller slip-stream or jet engine exhaust blast may cause injury to persons or do damage to property, or where it may generate turbulence across taxiways or runways so as to endanger the safety of operation on the Airport. If it is impossible to taxi such aircraft without compliance with the above, then the engine(s) must be turned off and the aircraft towed.
I. 
Aircraft engines shall be started and warmed up on the Airport only in places designated for such purposes by the Airport Manager. No jet or turbo-prop aircraft engine shall be run up except in areas authorized by the Airport Manager.
J. 
No one shall park an aircraft or leave the same standing on the public aircraft parking and storage area, or operational area at the Airport, except at such places as may be prescribed or permitted by the Airport Manager.
K. 
Upon the direction from the Airport Manager, the operator of any aircraft parked or stored at the Airport shall move said aircraft from the place where it is parked or stored. If the operator refuses to comply with such direction, the Airport Manager may tow said aircraft to its designated area without liability for damage which may result in the course of such moving.
A. 
No runway or taxiway may be crossed by pedestrians or motor vehicles without permission of the Airport Manager. Service vehicles shall display orange and white checkered flags while in operational areas and also must be equipped with a rotating amber beacon on the top of such vehicle.
B. 
The Airport Manager may remove from any area of the Airport any vehicle which is disabled, abandoned, parked in violation of these rules and regulations, or which presents an operational problem, to any other area of the Airport, and may store the same thereat. All of the foregoing are at the owner's expense and without liability for damage which may result in the course of such removal, towing or storage.
A. 
Aircraft fuel and dispensing services shall be provided from 8:00 a.m. to 6:00 p.m. daily, seven days a week.
B. 
Each FBO shall comply with all safety rules of the Airport and shall have one each 30 pounds dry chemical fire extinguisher with a 4A-30 BX rating, and one each 15 pounds CO2 fire extinguisher at the location at all times.
C. 
The facility shall be continually staffed during business hours with competent personnel of adequate number to properly fuel aircraft in a reasonable time and without unreasonable waiting. All operator fuel-dispensing personnel shall be trained in the use of fire-extinguishing equipment, and shall participate in training as provided by the Airport Manager.
All commercial-type operations shall secure public liability and property damage insurance, and said insurance shall remain in full force and effect during the term of said lease, and the insurance shall indemnify the Orange Airport Commission against any and all liability for death, injury, loss or damage against which said commercial operator or lessee has elsewhere in this agreement undertaken to save and hold the Orange Airport Commission and the Town of Orange harmless. Such insurance policies shall be filed with the Orange Airport Commission, and shall be an adequate amount to cover any and all losses and that such amount shall be approved by the Orange Airport Commission, and that said amounts may be revised from time to time. If, for any reason, any insurance is cancelled, the Orange Airport Commission shall be notified within 10 days of such cancellation.
A. 
All fuel transfer handling shall be done out of doors. All aircraft shall be positioned so that the vents and fill openings of fuel tanks are not less than 50 feet from the terminal building, or any other structures.
B. 
During fuel transfer handling in connection with any aircraft, no person shall operate any radio transmitter or cause a spark within 50 feet of the aircraft.
C. 
During fuel transfer handling in connection with any aircraft at the Airport, the aircraft and the fuel dispensing or draining apparatus shall be grounded by wires to a point or points or zero electric potential to prevent possibility of static ignition of volatile liquids.
D. 
During fuel transfer handling in connection with any aircraft, no passenger or passengers shall be permitted to remain in such aircraft.
E. 
During fuel transfer handling operations in connection with any aircraft at the airport, at least two CO2 fire extinguishers (20 pounds or larger) or other type fire extinguisher acceptable to the Airport Manager, shall be immediately available for use in connection therein.
F. 
No person shall start the engine of any aircraft when there is any type of fuel on the ground under the aircraft.
G. 
Fuel transfer handling is prohibited while the engine of the aircraft being fueled or defueled is running or is being heated. Fuel shall be delivered or drained through hose and connections approved by the National Board of Fire Underwriters.
H. 
Persons engaged in aircraft fuel transfer handling shall exercise all precautions required to prevent overflow of fuel.
A reasonable landing fee for all commercial or private aircraft may be established by the Orange Airport Commission if, in the opinion of the Commission, such landing fees are necessary for the operation and maintenance of the Airport.
A. 
All parachuting activities shall be in accordance with the rules established by the Massachusetts Aeronautics Commission, as established by MGL c.90, §§ 52 and 40A.
B. 
Parachuting at the Orange Municipal Airport, other than those attributed to emergencies, student problems, or wind conditions, shall be in the jump zone designated by the Orange Airport Commission as the area in the center of the airport known as "the Bowl."
C. 
Except in cases of obvious emergency or distress requiring immediate assistance, no person shall enter, cross or occupy on foot, or cause any vehicle, except aircraft, to enter, cross or occupy any runway, taxi strip or aircraft operating area located on the Airport or landing area approved by the Massachusetts Aeronautics Commission under authority contained in MGL c.90, § 39B, during the hours of operation of the Airport, except after having obtained permission from the Airport Manager or the Orange Airport Commission. All transportation of personnel to and from the jump area will be supervised by authorized personnel approved by the Airport Manager.
A. 
All rules and regulations herein contained shall be enforced by the Orange Airport Commission, the Airport Manager or his authorized representative.
B. 
The Airport Manager shall, at his discretion, have the authority to expel from the Airport and to deny any person re-entry thereon who violates any provisions of these rules and regulations.
C. 
Violators shall be penalized, as specified in MGL c.90, § 44.
A. 
These covenants shall be attached to and become a part of all leases, subleases or deeds relating to the land formerly, now or in the future owned or leased by the Board of Selectmen of the Town of Orange, Massachusetts, adjacent to or in the vicinity of the Orange Municipal Airport, and shall not be severed from such deeds, leases or subleases by further transfer of interest, without written release and severance by the Board of Selectmen of the Town of Orange, or its successor or agent.
B. 
These covenants will run with the land and not with any personal property.
A. 
These properties, in whole or in part, shall be primarily used only for:
(1) 
Manufacturing, assembly, processing, packaging, warehousing, distribution, other industrial operations; or
(2) 
Research and development, engineering, drafting and/or printing; or
(3) 
Aviation uses related to the above or any other aviation-related uses, including multicommunity regional offices or other like service operations requiring or benefiting from air passenger or freight availability; or
(4) 
Aircraft sales, rental or service operations; or
(5) 
Any other industry or business operation which is judged suitable and in harmony with the general project by the Board of Selectmen of the Town of Orange.
B. 
Secondary or subsidiary uses necessary to, part of or in support of approved primary uses shall be allowed only if they are obviously secondary and accessory uses incidental to the main uses allowed.
Prohibited uses include primary uses, including:
SIC Groups
Description
Exceptions
01 to 09, Division A
Agriculture, Forestry and Fisheries
10 to 14, Division B
Mining
15 to 17, Division C
Contract Construction
Offices or headquarters of such firms shall be allowed.
52 to 59
Retail Trade Operations
Sales of aircraft and aviation accessories and supplies shall be allowed.
Any purchaser, lessee or sublessee of property subject to these covenants, or facilities thereon, is in full knowledge that such property is subject to aviation noise from aircraft overflights, takeoffs and landings and shall de facto admit that such aircraft noise is normal and expected. This de-facto admission of such "aircraft noise easement" shall be expected to help prevent complaint or action to abate such normal and regular aircraft noise.
A. 
The grantee, for itself, its heirs, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land:
(1) 
That in the event facilities are constructed, maintained, or otherwise operated on said property described in this deed for the purpose for which a Department of Transportation program or activity is extended, or for another purpose involving the provision of similar services or benefits, the grantee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended.
(2) 
That the Town of Orange maintains the continuing right in the demise premises to prevent the erection or growth of any building, structure, tree, or other object extending into the airstrip above 586 feet mean sea level (MSL) and to remove from said airspace or, at the sole option of the Town of Orange, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree, or other object now upon, or which in the future may be upon, grantee's property for the above purposes. Further, grantee shall not use or permit or suffer the use of the demised property in such a manner as to create electrical interference with radio communication between any installation upon the Airport and aircraft, or as to make it difficult for flyers to distinguish between Airport lights and others, or as to impair visibility in the vicinity of the Airport, or as otherwise to endanger the landing, taking-off or maneuvering of aircraft. Further, the Town of Orange retains a right for the passage of aircraft ("aircraft" being defined as any contrivance now known or hereafter invented, used, or designated for navigation of or flight in the air) by whomsoever owned and operated, in the airspace above the property above 586 feet MSL to an infinite height together with the right to cause in all airspace above the property such noises, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at, or taking-off from or operating at or on the Airport.
All tenants will be required to file with appropriate authorities a Certificate of Nonrelocation form ED-S01A, U.S. Department of Commerce Economic Development Administration. Further, all tenants will be required to submit, as a condition of tenancy into the Orange Airpark, ED Form 612, as well as Equivalency Form ED 612, 501A and 503.
No billboards or advertising signs, other than those identifying the name, business or products of the person or firm occupying the premises, shall be permitted.
A. 
Signs attached to or on a wall shall not exceed 25% of the total wall space and shall not project more than five feet above the parapet or roof line.
B. 
Any freestanding sign shall not exceed 15 feet in height, shall not be within 25 feet of a tree, and shall not have a surface area of more than 100 feet on any one face.
C. 
Signs shall not include any visible moving parts or flashing mechanisms and shall be, if lit, so lit as to not cause any reflection or glare which may interfere with aircraft flight operations.
D. 
Signs shall comply with all state and local statutes and regulations concerning billboards, signs, and commercial advertising. Where said state and local regulations are more restrictive than this covenant, the state and local statutes and regulations shall govern.
E. 
No sign, fence, wall, hedge or shrub planting which obstructs site lines at elevations between two and six feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them as points 25 feet from the intersection of the street and property lines extended. The same site limitations shall apply on any lot within 10 feet of the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such site lines.
A. 
No site in this district shall be used for any purpose which violates state or federal land, water or air quality standards with respect to emission of odor, fumes, dust, smoke, vibration, noise or any other cause. Exceptions may be made in unusual circumstances for specific short duration only with the prior and written consent of Board of Selectmen and the Town of Orange.
B. 
All welding and heating operations normal to any plant shall be screened from view of adjacent properties or roadways. No operation shall be carried on that would produce heat which travels beyond the property line from site on which operation is located as measured in a horizontal place to and a distance of 24 feet above the ground level of the site.
A. 
Building design, materials and workmanship should be appropriate to the building function. Buildings should be simple and restrained as feasible and should, whenever possible, make a visual contribution to the surrounding environment. Use of the following exterior wall materials should be encouraged: finished concrete; finished masonry units such as stone veneer face brick; structura; facing, tile and ceramic tiles; factory-assembled panel units with painted metal surfaces; glass of plastics; factory-painted pre-formed metal siding and panel system.
B. 
Specifications and plan approval.
(1) 
All purchasers, lessees or sublessees shall submit to the Board of Selectmen of the Town of Orange a site plan showing the location and type of improvements, and no improvements shall be erected or started until such plan has been approved in writing by the Board of Selectmen, Town of Orange. Board of Selectmen, Town of Orange, action or approval shall be limited to comment upon design of site, location, and sufficiency of structures, driveways, parking, loading, storage, fire protection, surface water drainage and all other improvements exterior to the outer walls of the principal structure, and to such other specific matters as are included in these covenants.
(2) 
Once construction has begun, significant changes proposed, to the prior approved plan, shall also require approval of the Board of Selectmen, Town of Orange. Failure by the Board of Selectmen to act upon such plans or changes thereto in the affirmative or to suggest relevant changes, within 30 days of such submission, shall constitute de facto approval. Proposed major changes to site or additions to completed facilities shall be approved in like manner.
C. 
Dimensional requirements.
(1) 
Height. Improvements erected on or added to property subject to these covenants shall not exceed 35 feet at the runway building restriction line; provided, however, that equipment or structures necessary to the operation of or in maintenance of the principal maximum heights permissible under Federal Aviation Agency criteria (FAR, Part 77) and if approved in advance in writing by the Board of Selectmen, certifying same.
(2) 
Building setbacks and yard requirements. No structure or part thereof, including receiving and shipping platforms, shall be within 50 feet of an adjacent road right-of-way, or within 25 feet of any of the other property lines of the site.
D. 
Parking, driveway and loading criteria.
(1) 
Parking. Every developed site shall have sufficient off-street parking areas, and such areas shall be designated on plans required in § 300-22B preceding. No on-street parking will be allowed, and on-site parking shall, for any given facility, not be less than one space for every 1 1/2 employees at the expected peak period of operation. Customer and visitor parking shall be separately designated and may not be used to meet the above employee parking criterion.
(2) 
Driveways. Driveways providing ingress between streets and site shall be limited to no more than two, and each shall not exceed 25 feet in width. No other part of the property shall be used for vehicle access.
(3) 
Loading and unloading areas. Each structure used for manufacturing, warehousing or distribution operations shall have at least one loading dock or area for each 20,000 square feet of floor area or part thereof. Care should be exercised in providing sufficient truck maneuvering room, and designated parking areas shall not be used for such. No shipping or receiving docks shall be located on the front of a building but shall be located on the sides or rear of said building.
(4) 
All parking, driveway and loading areas shall be so designed to prevent standing water accumulation, and storm drainage runoff must be provided for. All such parking, driveway and loading areas shall be constructed with a suitable base and surfaced with a good durable and dustless material which will not be removed by freeze/thaw conditions or snow plowing operations.
(5) 
Landscaping and grounds care. Landscaping of the site must be shown on the plans required in § 300-22B preceding. Areas between the building and property lines, not used for parking, driveways or loading areas, should be kept in sightly condition. All undeveloped area between the wall of the principal building and the road right-of-way abutting shall be landscaped and/or grassed, and such area shall be maintained in good and sightly condition.
Enforcement shall be by proceedings in law or in equity against any person violating or attempting to violate any covenant herein, either to restrain violation or to recover damages and at the cost and expense (including reasonable attorney fees) of the party violating or attempting to violate the same. Both the Town of Orange, through the Selectmen, or any owner or occupier of property in the Airpark shall have the right to take any and all legal steps necessary to enforce the above covenants.
A. 
Where these covenants or any provision thereof shall become in conflict with any federal, state, or local ordinance or law, such specific provisions shall be deleted or amended by the Board of Selectmen to conform such provision with the law. The failure of any specific section or provision of these covenants shall not invalidate any other provision or section hereof.
B. 
Where the application of the covenants imposes greater restrictions than those imposed by other regulations or restrictions, the provisions of these covenants shall control and be adhered to and enforceable.
The lessees or sublessee of the premises herein described or any part thereof shall not further sublease such property or any part thereof, without the expressed written consent in advance by the Board of Selectmen, its successor or agent.
Owners shall have three years from the date of purchase to complete commercial facilities as said facilities were approved by the Board of Selectmen, Town of Orange. If actual construction is not completed with the prescribed three-year period, the Town of Orange may, at its option, vote to repurchase the property for the original purchase price plus the value of improvements. The value of improvements shall be determined by a panel of three appraisers. The Town of Orange and owner shall each choose an appraiser, who together shall choose a third appraiser whose decision as to the value of the improvements shall be binding on both parties. Within 30 days of reacquisition of the property by the Town of Orange, the Town of Orange shall offer the property and improvements to any first mortgage holder at the price paid by the Town. The first mortgage holder will have 30 days to accept or reject the offer. The Town of Orange shall not permit resale or subdivision until construction of the approved facility is completed.