Saratoga County, NY Commercial Aeronautical Services and Activities

The conduct of any aspect of a business, concession, operation, or agency providing goods or services to any person for compensation or hire, including exchange of services, whether or not such objectives are accomplished. An activity is considered a commercial activity regardless of whether the business is nonprofit, charitable, or tax-exempt.

COMMERCIAL AERONAUTICAL SERVICE PROVIDER (OPERATOR)

A commercial business activity that involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of aeronautical operations.

A person, firm, corporation, or other entity which makes possible or is required for the operation of aircraft or related services, or which contributes to or is required for the safe conduct and utility of aircraft operations at the airport, the purpose of such activity being to generate and/or secure earnings, income, compensation, and/or profit, whether or not such objectives are accomplished. A "commercial aeronautical service provider" (operator) can be classified as either a fixed-base operator (FBO) or else a specialized aviation service operation (SASO), as defined below. Each commercial aeronautical service provider shall, at the time of application submitted to the County, clearly identify which designation it is applying for. Any existing commercial aeronautical service provider at the airport that chooses to change its existing designation shall submit a new application to the County and obtain the County's approval in writing prior to changing its designation.

EXCLUSIVE RIGHT

A power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or right. The County may not grant an exclusive right either by express agreement, contract, license, lease, permit, or by the imposition of unreasonable standards or requirements, or by any other means.

GENERAL AVIATION

All phases of aviation other than military aviation and scheduled certificated commercial air carrier operations.

HAZARDOUS MATERIAL

Any substance, waste, or material which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is or becomes regulated as a hazardous material by any governmental authority, agency, department, commission, board, or agency.

MINIMUM STANDARDS

The qualifications or criteria which may be established by the County, the airport owner, as the minimum requirements that shall be met by businesses engaged in commercial aeronautical activities for the right to conduct those activities.

SPECIAL EVENT

A special event at the airport is defined as any activity that does not occur on a regular basis in the course of its normal operation. Special events include but are not limited to activities such as airshows; aircraft fly-ins that are advertised and promoted as events on (a) designated day(s); carnivals and/or festivals; fireworks displays; car shows; flea markets; running races; and any other special event as may be designated by the County. No person(s), nonprofit organization(s), company(ies), or corporation(s) shall schedule, advertise, or hold a special event without prior written approval from the County.

Governmental.

AIRPORT MANAGER

The County may at its discretion designate a duly authorized representative to serve as airport manager and administer and manage operations of the airport and airport facilities.

FAA

The Federal Aviation Administration as established in 1967 within the Department of Transportation of the United States government that has the responsibility of promoting safety in the air, by both regulation and education.

FAR

The Federal Aviation Regulations as published by the FAA that govern the operation of aircraft, airways, and airmen. Compliance with the FARs is mandatory. In 1996, all references to the FARs were changed to "14 CFR" (Title 14 of the Code of Federal Regulations).

Fueling.

FUEL STORAGE AREA

Any portion of the airport designated temporarily or permanently by the sponsor as an area in which aviation or motor vehicle gasoline or any other type of fuel or fuel additive may be stored or loaded.

FUELING or FUEL HANDLING

The transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft, vehicles, or equipment including storage tanks.

SELF-FUELING

The commercial operation of an unmanned stationary fuel tank and dispensing equipment for general use via a card reader or other mechanism. This includes anyone utilizing this type of equipment to provide fuel for sale or reuse.

Lease and agreements.

AGREEMENT

The written agreement between the County and an operator specifying the terms and conditions under which the operator may conduct commercial aviation activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the airport including, but not limited to, term of the agreement; rents, fees, and charges to be paid; and the right and obligations of the respective parties.

LEASE

The written contract between the County and an operator (lessee) specifying the terms and conditions under which an operator may occupy and operate from certain airport facilities and/or property.

PERMIT

Administrative approval issued by the County or other governmental agency to a person or company to conduct a commercial aeronautical activity and provide such services, to based and transient aircraft, only from facilities and locations where such services are authorized.

PERSON

An individual, corporation, firm, partnership, association, organization, and any other group acting as an entity to conduct business on the airport. "Person" includes a trustee, receiver, assignee or similar representative.

SUBLEASE

A written agreement, approved by the County, stating the terms and conditions under which a third party operator leases space from a lessee for the purpose of providing aeronautical services at the airport.

Services.

AVIONICS SALES AND MAINTENANCE

The commercial operation of providing for the sale, repair and service, or installation of aircraft radios, instruments and accessories. Such operation may include the sale of new or used aircraft radios, instruments and accessories.

FIXED-BASE OPERATOR (FBO)

A full-service commercial aeronautical service provider who is authorized to engage in the primary activity of aircraft refueling in addition to a minimum of two of the following secondary activities: airframe and power plant maintenance, flight training, aircraft rental, aircraft charter or air taxi, avionics sales and service, and aircraft storage/hangar rentals.

FLIGHT TRAINING

The commercial operation of instructing pilots in dual and solo flight, in fixed or rotary wing aircraft, and related ground school instruction necessary to complete a FAA written pilot's examination and flight check ride for various categories of pilots' licenses and ratings, as well as maintaining currency and upgrading licenses as stipulated by the FAA. "Flight training" shall also include any portion of a flight between the airport and other airports or other destinations where the primary purpose is to increase or maintain pilot or crew member proficiency and currency.

FLYING CLUB

A noncommercial and nonprofit entity organized for the purpose of providing its members with any number of aircraft for their personal use and enjoyment. The club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft.

PREVENTIVE AIRCRAFT MAINTENANCE

Maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations as listed in 14 CFR 43, except for Item 22 in the regulation. Item 22 involves the replacement of prefabricated fuel lines and shall, for purposes of these regulations, be considered a major aircraft repair.

SELF-SERVICE

Aircraft refueling, repair, preventive maintenance, towing, adjustment, cleaning, and general services performed by an aircraft owner or his/her direct employees on his/her aircraft with resources supplied by the aircraft owner.

SPECIALIZED AVIATION SERVICE OPERATION (SASO)

A commercial aeronautical service provider that is authorized to provide at least one but not more than any two commercial aeronautical services according to established minimum standards. Examples of a SASO include but are not limited to the following commercial aeronautical activities: flight and ground training; aircraft maintenance; air charter or taxi; avionics sales and maintenance; aircraft rental; aircraft sales; and aircraft storage. Each commercial aeronautical business that is designated a SASO by the County shall meet the appropriate minimum standards for each commercial service provided.

Infrastructure.

AIRPORT OPERATIONS AREA or AOA

The area of the airport used for aircraft landing, takeoff, or surface maneuvering including the areas around hangars, navigation equipment, and communication facilities.

COMMON AREA

The designated areas of the airport that are available for public access that are not located within a leasehold boundary.

ROADWAY

Any street or road, whether improved or unimproved, within the boundaries of the airport and designated for use by ground vehicles.

TAXI LANE

The portion of the airport apron area, or any other area, used for access between taxiways and aircraft parking or storage area.

TAXIWAY

A defined path established for the taxiing of aircraft from one part of the airport to another.

TRANSIENT AIRCRAFT PARKING

The area designated by the County for transient aircraft parking.

UNICOM

A two-way communication system operated by a nongovernmental entity that provides airport advisory information.

VEHICLE PARKING AREA

Any portion of the airport designated and made available temporarily or permanently by the County for the parking of vehicles.

§ 125-9 Application requirements.

The prospective commercial aeronautical service provider (operator) shall submit in written form to the County or its designee the following information at a minimum and, therefore, such additional information as it may be requested by the County or its designee:

The proposed nature of the business. A business plan may be used to express the proposed nature of the business. (Appendix B stipulates the requirements for an adequate business plan.)[1]

Editor's Note: Appendix B is included at the end of this chapter.

The signatures and legal names of all parties whose names are being submitted as owning an interest in the business or will appear on leases or other documents as being a partner, director or corporate officer and those who will be managing the business.

The name, telephone number and address of the primary contact person.

The current financial statement prepared or certified by a Certified Public Accountant.

A listing of assets owned, or being purchased, or leased which will be used in the business on the airport.

(6)

A current credit report for each party owning or having 5% or more financial interest in the business and a credit report on the business itself covering all geographical areas in which it has done business in the ten-year period immediately prior to such application.

(7)

An agreement to provide a bond or suitable guarantee of adequate funds to the County, if requested by the County, to be used to defray any expenses and fees normally paid by the lessee between the estimated time the lessee may default and a new lease is executed and another lessee takes over.

(8)

A written authorization for the FAA, any aviation or aeronautics commissions, administrators, and 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. The applicant will execute such forms, releases, or discharges as may be required by those agencies.

(9)

Preliminary plans, specifications and dates for any improvements which the applicant intends to make on the airport as part of the activity for which approval is sought. Applicant must comply with appropriate review procedures and the County requirements.

(10)

Proof (copy or insurance company letter of intent) of liability coverage for the business operation, flight operations, itinerant aircraft and operators and premises insurance.

(11)

The number of persons to be employed including names and qualifications of management or supervisory personnel and whether they are to be full or part time employees.

(12)

Such other information as the County may require.

County action on application. All complete applications will be reviewed and acted upon by the County within 120 days from the receipt of the application. Applications may be denied for one or more of the following reasons:

The applicant does not meet qualifications, standards and requirements established by these standards.

The applicant's proposed operations or construction will create a safety hazard on the airport.

The granting of the application will require the expenditure of local funds, labor or materials on the facilities described in or related to the application, or the operation will result in a financial loss to the County.

There is no appropriate or adequate available space or building on the airport to accommodate the entire activity of the applicant.

The proposed operation, airport development or construction does not comply with the approved airport layout plan.

(6)

The development or use of the area requested will result in a congestion of aircraft or buildings, or will result in unduly interfering with the operations of any present fixed base operator on the airport, such as problems in connection with aircraft traffic or service, or preventing free access and egress to the existing fixed-base operator area, or will result in depriving, without the proper economic study, an existing fixed base operator of portions of its leased area in which it is operating.

(7)

Any party applying, or interested in the business, has supplied false information, or has misrepresented any material fact in the application or in supporting documents, or has failed to make full disclosure on the application.

(8)

Any party applying, or having an interest in the business, has a record of violating the rules, or the rules and regulations of any other airport, civil air regulations, federal aviation regulations, or any other rules and regulations applicable to this or any other airport.

(9)

Any party applying, or having an interest in the business, has defaulted in the performance of any lease or other agreement with the County or any lease or other agreement at any other airport.

(10)

Any party applying, or having an interest in the business, is not sufficiently creditworthy and responsible in the judgment of the County to provide and maintain the business to which the application relates and to promptly pay amounts due under the County's lease.

(11)

The applicant does not have the finances necessary to conduct the proposed operation for a minimum period of six months.

(12)

The applicant has failed to make full disclosure in the application or supporting documents.

(13)

The applicant has committed any crime, or violated any local ordinance, rule or regulation, which adversely reflects on its ability to conduct the FBO operation applied for.

§ 125-10 General requirements.

Written agreement. Prior to the commencement of operations or construction of improvements, the prospective operator will be required to enter into a Written Agreement with the County which will recite the terms and conditions under which it will operate its business on the airport. Such agreement shall include, but not be limited to, the terms of the agreement, the rentals, fees and charges, the rights, privileges, duties and obligations of the respective parties and other relevant covenants. It should be understood that neither the conditions contained in this section nor those set forth in § 125-13, Schedule of minimum standards and requirements, represent a complete recitation of the provisions to be included in the written agreement. Such contract provisions, however, will not change or modify the standards and requirements or be inconsistent therewith except under extraordinary circumstances with approval by the County.

Site development standards. Physical facilities shall include the following as a minimum:

Land. The commercial aeronautical activity shall be based upon an area of land for each aircraft which the proposed operation intends to service, provide, park, store or otherwise handle. The size of such land area shall be defined as provided in FAA Advisory Circulars, as amended from time to time, for each aircraft to be serviced, parked, provided, operated, stored or otherwise handled.

Buildings and structures. Buildings and structures shall be of sufficient size and type of construction to provide competitive business conditions for the various types of services included in the scope of operations. All buildings and structures shall be maintained and serviced in a condition specifically agreed to in writing between the operator and the County. The County or its designee shall be responsible for inspecting said buildings and structures and determining that these standards have been enforced. Temporary buildings and structures will be allowed only upon written approval of the County under extraordinary circumstances and then only for a specific period of time during which the permanent building or structure is being completed.

Support areas. Land and improvements for automobile and ground equipment parking, mobility and pedestrian access for the operator's employees, customers, vendors and other users shall be sufficient in size for the safe and convenient uses required in the scope of operations and to provide competitive business conditions.

Conditions of improvements. All construction, improvements, and installations shall be subject to applicable federal, state, County, municipal laws, ordinances, codes, rules, and regulations in addition to the standards required by the County or contained in the written agreement with the County.

Maintenance responsibilities. The operator shall, at its sole cost and expense, maintain, repair, and keep in good condition all of the facilities which are located on and within its designated leasehold area, as herein described. Unless otherwise stipulated in writing, the County, as airport owner and sponsor, is responsible for the maintenance of all property and facilities not located in designated leasehold areas, and it is also responsible for the replacement of facilities located on leasehold property that have reached the end of their useful life or otherwise require replacement. However, the County is not responsible for replacing any facility or property located on or in a designated leasehold area that was constructed by the lessee.

Operator shall maintain pavement, landscaping, greenbelts, lighting, and all equipment.

Operator shall maintain the interior and exterior of all improvements, to include electrical, mechanical, plumbing, fire protection system(s), roof, floors, load-bearing and exterior walls, utilities, and HVAC system(s).

Operator shall clean snow, ice, debris, and trash from driveway, taxiways, aprons, greenbelts and sidewalks on and in designated leasehold areas to maintain safe, clear, unobstructed access to the improvements at all times for authorized users and emergency vehicles.

Operator shall maintain all hangar and overhead doors and door operating systems, including weather stripping and glass replacement.

Operator shall maintain electrical loads within the designed capacity of the system. Any change to such designed capacity will require the prior written consent of the County.

Operator shall install and maintain handheld fire extinguishers in the interior of all buildings, aircraft shops, aircraft parking and tie-down areas, and fuel storage areas, pursuant to fire and safety codes.

(g)

Operator shall have the necessary utility meters installed, as required by the utility company(s), at operator's expense. Operator shall pay all utility charges, including, but not limited to, electricity, water, wastewater, natural gas, and telephone. Operator shall maintain and repair all utility service lines and fixtures, including lighting fixtures, on or in the operator's leasehold area to the extent the utility company providing such utility service does not perform such maintenance or repair.

(h)

Operator shall provide, at its sole cost and expense, necessary arrangements for adequate sanitation, handling and disposal from the airport of all trash, garbage and other refuse which results from operator's business operations, including receptacles for the deposit of such trash, garbage and other refuse.

(i)

Operator will not permit any action on the premises that has an adverse effect, or interferes with the proper function of any drainage system, sanitary sewer system, or any facility provided for the operation or protection of the airport.

(j)

Operator will not permit any action on the premises that has an adverse effect on any known environmental condition on the airport.

(k)

The operator shall install fire alarm devices within the premises as required by the current building and/or fire code as appropriate, or as required by the County, and such devices shall be connected to the County police and/or fire operation center.

Personnel and equipment. The operator shall have in its employment and on duty during the required operating hours trained personnel in such numbers as required to meet the minimum operation standards set for each category in an efficient manner and for competitive business conditions. Personnel shall carry valid in-force licensing, certificates, ratings, or permits as required by any governmental regulatory agencies for the type of aeronautical services which those personnel perform. All equipment and trade fixtures used by the operator shall be of sufficient numbers, models and in good repair and order so as to provide efficient service for the various types of aeronautical services to be provided under the scope of operations.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Insurance.

Construction and installation. Before commencing any improvement and equipment installation on or about the leased or assigned premises, the operator shall submit an insurance certificate on a form and in a manner that is prescribed by and is acceptable to the County, and also require that its contractors or subcontractors procure and maintain insurance acceptable to the County during the life of such construction or installation contract which will protect the contractor, the subcontractor(s), the operator, and the County for limits to be determined by the County prior to such construction or installation. The operator shall require its contractor(s) or subcontractor(s) to provide certificates of insurance to the operator and to the County in a manner and form acceptable to the County prior to commencement of construction or installation.

Liability insurance. Prior to commencement of any operations on the airport, the operator shall submit an insurance certificate on a form and in a manner that is prescribed by and that is acceptable to the County. Operator shall also procure from insurance underwriters, satisfactory to the County, a standard policy (or policies) of insurance protecting both the operator and the County against public liability and property damage. The list of minimum insurance requirements is presented in Appendix A.[2] The operator shall furnish such comprehensive or broad form policy(ies) providing combined single-limit liability for bodily injury or death and property damage in a minimum amount of $5,000,000. Each designated SASO is required to provide a minimum of $1,000,000 coverage.

Coverage shall be provided for the following as set out in the standards and requirements as appropriate:

Automobiles.

Premises operations.

Independent contractors working for operator.

Products liability.

Hangar keeper liability.

Aircraft and passenger liability.

[7]

New York State Workers' Compensation.

The providing of the above insurance coverage by the operator shall in no way limit the liability of the operator.

The operator shall furnish to the County a certificate from the insurance carrier showing such insurance to be in full force and effect through the term of the written agreement. Such insurance certificates shall specifically state that no changes in coverage provided or cancellation of the policies shall be made without at least 30 days' advance notice to the County.

Editor's Note: Appendix A is included at the end of this chapter.

Property insurance. The operator shall keep insured with responsible insurance underwriters all leasehold improvements to the extent of not less than 100% of the full insurable value against damage or loss by fire and other risks which are or shall be customarily covered under standard policies of fire insurance with extended coverage endorsement issued in the State of New York. Such policy(ies) shall name the operator the insured and the County as additional insured as their respective interests may appear.

The operator shall forward to the County certificates of such insurance issued evidencing the existence of valid policies, which certificates shall state the coverage will not be amended so as to decrease the protection below the requirements specified or be subject to cancellation without at least 30 days' prior written notice to the County. Such insurance coverage shall in no way limit the liability of the operator for replacement of improvements.

In the event the operator's business should, for any reason, cause the County to increase its own insurance coverage, the operator will reimburse the County for any additional costs resulting from such increased coverage.

Motor vehicles. Any motor vehicle transportation or service provided by the operator on the airport shall be performed in strict compliance with airport rules and regulations and applicable federal, state and municipal laws, ordinances, codes or other similar regulatory measures, now in existence or as may be modified or amended.

General agreement clauses. In addition to provisions specific to the individual commercial aviation operation, the written agreement between the operator and County will contain the following:

Nondiscrimination.

The operator will be required to operate its business for the use and benefit of the public, giving fair, equal and nondiscriminatory service and sales to all users regardless of race, color, creed or national origin.

The operator will be allowed to give nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

The operator will conduct its business in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation effectuation of Title VI of the Civil Rights Act of 1964, and as such regulations may be amended.

Hazardous materials. The applicant shall handle, use, store and dispose of all hazardous substances, materials and wastes in accordance with all applicable laws, rules, and regulations.

Licenses and certificates. An applicant shall have in its possession currently valid licenses and permits as shall be necessary or required for the conduct of the desired aeronautical activity at the airport, and shall retain all such licenses and permits in an active status at the applicant's own expense. In the event any necessary licenses or permits expire or become otherwise invalid, the applicant's authority to conduct the related aeronautical activity shall be automatically rescinded by the County.

Identification. All personnel, when within the AOA shall display appropriate identification and present such identification upon request by the FAA, the County and its designees, or law enforcement agencies.

Storage areas. No aircraft shall be parked, stored or repaired at the airport except in areas designated by order of the County for such use. Violations may result in the offending aircraft being removed by the County and impounded until unpaid towing, storage and other charges are paid.

(6)

Right of inspection. The County shall at all times upon reasonable notice (except in the case of an emergency for which no notice shall be required) be entitled to enter premises used by an applicant for the purpose of inspecting the premises and the applicant's operations and determining compliance with these standards and other applicable laws and regulations.

(7)

Accident reports. The owner/operator of any aircraft involved in an accident and any applicant involved in or observing an accident, whether or not causing personal injury or property damage, at the airport shall promptly (two hours or less) report the accident to the County Sheriff.

(8)

Cumulative rights. These standards shall be in addition to any terms, conditions and covenants imposed on any person under an agreement with the County, any permit or license or under applicable law, and the rights and remedies of the County hereunder and under these standards shall be cumulative.

(9)

Termination. The County reserves the right to terminate all or any part of the rights and privileges granted to an operator upon the failure of said person to observe the terms and conditions of these standards and to exercise any rights and remedies available at law, or under any applicable agreement in connection with any such failure.

(10)

Environmental. All FBOs, SASOs, persons, parties, firms and corporations operating on the airport must comply with all applicable federal, state and local environmental requirements as they exist and may be amended from time to time. In particular, all operators must comply with appropriate NY DEC regulations and procedures on the airport, including operating solely on airport pavement, unless specifically authorized to do so otherwise, and also avoid areas where there is Blue Lupine.

(11)

Aircraft service by owner or operator of aircraft. No right or privilege will be granted by an operator which will prevent any person(s), firm(s) or corporation(s) operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. If such services are performed in designated leasehold areas, then aircraft owners will coordinate with the appropriate lessee (operator) to maximize safety and avoid physically interfering with the operators' conduct of their business.

(12)

Nonexclusive rights. Nothing shall be contained within the agreement which may be construed to grant or otherwise authorize the granting of any exclusive right to the operator.

(13)

Airport development. The County has the right to further develop and improve the airport, its property, improvements and facilities as the County deems appropriate to the public interest, and shall have no responsibility to the operator for any loss of business which might be caused by such development of improvement.

(14)

War or national emergency. During time of war or national emergency as declared by the federal government, the County may be required to make available the land area or any part thereof at the airport to the United States government for its use, and, in such eventuality, the provisions of the written agreement with the operator, insofar as they are inconsistent with the conditions of such government operation, shall be suspended.

(15)

Subordination. The written agreement shall be subordinate to the provisions of any existing or future agreements between the County and the United States relative to the operation, maintenance or development of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds at the airport.

(16)

Through-the-fence operation. Except as may be specifically designated elsewhere in these standards, no off-airport aircraft, aviation technicians, flight instructors, commercial pilots, or other person(s) or company(ies) is authorized to enter the airport from an adjacent parcel of land, or from a parcel in close proximity to the airport, for the purpose of performing any commercial aeronautical activity at the airport without fully complying with these standards and a prior written agreement with the County.

(17)

Airport obstructions. The County has the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the operator from erecting, or permitting to be erected, any building or other structure on the airport which, in the opinion of the County, would limit the usefulness of the airport or constitute a hazard to air navigation.

(18)

Compliance with laws and payment of taxes. The operator shall at all times comply with the airport rules and regulations, federal, state, County and municipal laws, ordinances, codes or other regulatory measures, now in existence or as may be hereafter modified or amended, applicable to the specific type of operation contemplated by it. The operator shall procure and maintain during the term of the agreement all licenses, permits and other similar authorizations required for the conduct of its business operations. The operator shall pay all taxes resulting from its operation at the airport.

(19)

Indemnity. The operator shall be required to hold the County harmless from and against all suits, claims, demands, actions, and/or causes of action of any kind or nature in any way arising out of or resulting from its tenancy, operations and activities at the airport and shall pay all expenses in defending any claims against the County resulting from its operations.

(20)

Assignment and subletting. The operator may not assign or sublet any portion of the operations, activities or premises without having obtained the prior written consent of the County.

(21)

Rentals redetermined. All rentals, fees and other charges shall be redetermined by the County. The written agreement shall contain other pertinent, detailed provisions, clauses and covenants which will be consistent with the individual scope of operations as proposed by the individual operator.

§ 125-11 Notification of complaints and/or disputes.

Any complaint and/or dispute against an operator on the airport for violation of federal, state or County rules, regulations, standards, or the terms of a negotiated lease agreement shall be filed in writing to the County. Information required at a minimum includes date, time, facts, and other pertinent information concerning the nature and status of the complaint and/or dispute and the parties involved.

If the reported infraction is related to County rules, regulations, or standards, the County will investigate the complaint and make recommendations.

In the case of a dispute relating to a negotiated lease, the County will recommend an action to the Saratoga County Department of Public Works, which will review and serve final judgment on the reported infraction.

§ 125-12 Miscellaneous.

A fixed-base operator (FBO) must provide aircraft fueling as well as two additional commercial aeronautical services covered by these standards and requirements as described in § 125-13 below. A specialized aviation service operation (SASO) can provide one, but in no case more than two commercial aeronautical services. The minimum requirements vary dependent upon the nature of the individual services in such combination but will not necessarily be cumulative in all instances, including staffing. Because of these variables, the applicable standards for combinations of services will be discussed with the prospective operator at the time of application or otherwise during negotiations.

Those provisions notwithstanding, the County requires that each operator that provides one or more aeronautical services at the airport, except where specifically noted otherwise below, have at least one person on duty at the airport at all times when the operator is open for business. Designated SASOs are exempt from the staffing requirement.

In the event that one or more commercial aeronautical service provider(s) propose in the future to add or provide services which the present standards do not address, then revised or new standards will be drafted so as to govern the proposed aeronautical services.

§ 125-13 Schedule of minimum standards and requirements for commercial aeronautical services and activities.

Aircraft sales (new and/or used).

Definition. An aircraft sales operator is a person(s), firm(s) or corporation(s) engaged in the retail or wholesale sale of new and/or used aircraft through franchises or licensed dealership or distributorship of an aircraft manufacturer, and provides such repair, services and parts as necessary to meet any guarantee or warranty on new and/or used aircraft sold.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to provide for outside display and storage of aircraft.

Sufficient building to provide space for office, customer lounge, rest rooms and telephone facilities for employee and customer use.

Aircraft repair and servicing. The operator shall provide necessary and satisfactory arrangements for the repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. Servicing facilities may be provided through written agreement with another FAA certified repair shop operator at the airport.

Inventory. The operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The operator shall have available, or on call, at least one fully assembled demonstrator aircraft. The operator shall establish an inventory of all new and used aircraft which it has for sale regardless of whether the aircraft is owned by the operator and offered for sale or whether the aircraft is left with operator for sale on consignment or other arrangement. This inventory shall be up-to-date and current at all times to show the addition of for-sale aircraft and the deletion of aircraft sold from such inventory. The operator shall be required to provide a perpetual inventory report to the County on request.

Insurance. The operator under this category shall be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Hangar keeper's liability.

Products liability.

Motor vehicle liability.

New York State Workers' Compensation.

Hours of operation. The operator shall have its premises open and services available to the public at least eight hours daily during normal business hours, five days a week.

Personnel. The operator shall have in its employ, and on duty during the minimum required operating hours, trained personnel in such numbers as are necessary to meet the standards and requirements set forth in an efficient manner, but shall never have less than one person on duty.

Aircraft maintenance service: airframe and power plant.

Definition. An aircraft engine and airframe maintenance and repair operator is a person(s), firms, or corporation(s) providing one, or a combination of, airframe and power plant overhaul and repair services. This category shall include the nonexclusive right, but not the requirement, for the sale of aircraft parts and accessories.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following at a minimum:

Sufficient land to provide for outside parking, storage and mobility of aircraft.

Sufficient building to provide floor space for airframe and power plant maintenance and repair services which meet all local and state industrial code requirements and space for offices, customer lounge, telephones, and rest rooms for employee and customer use.

Services. The operator shall provide sufficient equipment, supplies and availability of parts equivalent to that required for certifications by an FAA approved repair station but not necessarily requiring certification as an approved repair station.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Hangar keeper's liability.

Products liability.

Motor vehicle liability.

New York State Workers' Compensation.

Hours of operation. The operator shall have its premises open and services available at least eight hours daily during normal business hours, five days a week.

Personnel. The operator shall have in its employ, and on duty during the required operating hours, trained personnel in such numbers as are required to meet the standards and requirements as set forth in an efficient manner, but never less than one person currently certified by the FAA with ratings appropriate to the work being performed and who holds a airframe, power plant, or an aircraft inspector (AI) rating.

Aircraft rental.

Definition. An aircraft rental operator is a person(s), firm(s), or corporation(s) engaged in the rental or leasing of aircraft to the public for operation by the public.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to provide for outside parking, storage and mobility of aircraft.

Sufficient building to provide floor space for offices, customer lounge, rest rooms and telephone facilities for employee and customer use.

Services. The operator shall have available for rental or leasing, either owned or under written lease to operator, a sufficient number of aircraft properly certificated to handle the proposed scope of operation, but not less than one certified and currently airworthy aircraft.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Hangar keeper's liability (if applicable).

Motor vehicle liability.

New York State Workers' Compensation.

Hours of operation. The operator shall have its premises open and services available at least eight hours daily during normal business hours, five days a week.

Personnel. The operator shall have in its employ, and on duty during the required operating hours, trained personnel in such numbers as are required to meet the standards set forth in an efficient manner, but never less than one person.

Flight and ground training.

Definition. A flight training operator is a person(s), firm(s), or corporation(s) engaged in instructing pilots in dual and solo flight training in fixed and/or rotary wing aircraft, and also provides such related ground school instruction as is necessary preparatory to taking the written examination and flight check ride for the FAA designated categories and classes of pilots' licenses and ratings involved, as well as maintaining currency and adding additional ratings as defined by FAA.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to provide for outside parking, storage and mobility of flight training aircraft.

Sufficient building to provide floor space for offices, classrooms, briefing room, pilot lounge, rest room and telephone facilities for employees and customer use. Operator will provide and maintain sufficient space and facilities to meet the applicable requirements of Federal Aviation Regulation Part 61 and/or FAR Part 141, or any other applicable federal regulation, as appropriate.

Services. The operator shall have available for use in flight training, either owned or under written lease to operator, a sufficient number of aircraft properly certificated to handle the proposed scope of its student operation, but not less than one aircraft based at the airport. If other aircraft are needed for flight training, the operator will have an agreement in writing to obtain such aircraft on an as-needed basis within a reasonable time frame. Such aircraft will meet all applicable FAA requirements for the type of flight training offered. The company shall have on a full-time basis at least one FAA certified flight instructor (CFI) who has been and is currently properly certificated by the FAA to provide the type of training offered.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Flight school/FBO liability.

Hangar keeper's liability (if applicable).

Motor vehicle liability.

New York State Workers' Compensation.

Hours of operation. The operator shall have its premises open for services available at least eight hours daily during normal business hours, five days a week.

Personnel. The operator shall have available at least one flight instructor who is currently certificated by the Federal Aviation Administration and who meets all current federal aviation regulations to provide the type of flight training offered.

Aviation fuel and oil sales (line services, aircraft fuels and oil dispensing).

Definition. A line service operator is a person(s), firm(s) or corporation(s) who engages in the sale, storage, and dispensing of recognized brands of aviation fuels, lubricants, and other related petroleum products as well as providing servicing of aircraft, including ramp assistance and the parking, hangar storage and tie down of aircraft within its premises.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following at a minimum:

Sufficient land to provide outside aircraft fueling, parking, storage and mobility of aircraft and ground service equipment (GSE).

Sufficient building space to provide for office, customer lounge, rest rooms, and telephones for both customer and employee uses.

Sufficient land for permanent above ground fuel storage tanks, and other fueling systems as may be specified by the County, and which also meet all appropriate building and fire codes.

Service and equipment.

The operator shall provide an adequate supply of fuel on hand at all times of at least two grades of fuel which shall be 100LL avgas and Jet A fuel. The County may, at its sole discretion, allow a change in the type of fuel provided at the airport if specifically requested by an operator. In conjunction therewith, operator providing gas sales shall provide adequate aboveground fuel storage facilities that meet all federal, state and County requirements, with the capacity of not less than 10,000 gallons for each grade of fuel. Operators cannot use mobile fuelers as permanent or long-term fuel storage facilities. However, operators can use mobile fuelers to transfer fuel from storage tanks to aircraft.

The operator may also provide such minor repair service not requiring a certificated aircraft mechanic to aircraft as can be performed efficiently on the ramp or other apron parking area, but only within the premises leased, assigned or occupied by the operator or upon such other areas as the County may authorize.

The operator shall procure and maintain vehicles such as mobile fuelers, etc., tools, jacks, towing equipment, tire repairing equipment, energizers and starters, heaters and fire extinguishers, as appropriate and necessary for the fueling and servicing of general aviation aircraft and other commercial aviation aircraft using the airport. All equipment shall be maintained and operated in accordance with appropriate federal, state and local codes, as well as standards and procedures promulgated by the applicable fuel supplier.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Comprehensive public liability and property damage.

Products liability.

Hangar keeper's liability (if applicable).

Motor vehicle liability.

New York State Workers' Compensation.

Hours of operation. The operator shall have premises open for aircraft fueling and oil dispensing service during at least the hours of 7:00 a.m. until dark, seven days a week, and at other times upon prearrangement with the County. Hours of operation may be amended by pperator if a 100LL avgas self-fueling tank and pump is available for public use on a twelve-hour, seven-day-per-week basis. Operator shall be available to sell and service Jet A fuel to aircraft operators during the designated hours of operation.

Personnel. The operator shall have in its employment and on duty during the required operating hours trained personnel in such numbers as are required to meet the standards and requirements set forth in this category in an efficient manner.

Avionics and specialized aircraft repair services (radios, propellers, instruments, and accessories).

Definition. A specialized aircraft repair service operator is a person(s), firm(s) or corporation(s) engaged in a business capable of providing a shop, or a combination of FAA certificated shops for the repair of aircraft radios, instruments, and accessories for general aviation aircraft. This category shall include the sale and repair of new and/or used aircraft radios, instruments, and specialized aircraft accessories.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to provide outside parking, storage and mobility of aircraft using the facility.

Sufficient building to provide floor space to house all equipment, repair and maintenance space, offices, shop facilities, and rest room and telephone facilities for employees and customer use.

Services. The operator shall obtain and maintain, as a minimum, the repair station certificates required by the Federal Aviation Administration (FAA) which are applicable to the operation(s) contemplated.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Comprehensive public liability and property damage.

Hangar keeper's liability (if applicable)

Products liability.

New York State Workers' Compensation.

Hours of operation. The operator shall have its premises open and services available at least eight hours daily during normal business hours, five days each week.

Personnel. The operator shall have in its employment and on duty during the required operating hours trained personnel and licensed by FAA to provide the services being offered, in such numbers as are required to meet the standards and requirements set forth in this category in an efficient manner.

Aircraft charter and air taxi.

Definition. An aircraft charter and an air taxi operator is a person(s), firm(s) or corporation(s) engaged in the business of providing air transportation of persons and/or property for compensation or hire, either on a charter basis or as an air taxi operator, as defined in the Federal Aviation Act of 1958, or as said Act may be supplemented or amended from time to time.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to provide outside parking, storage and mobility of aircraft.

Sufficient building to provide floor space for offices, customer lounge, rest rooms and telephone facilities for employee and customer use.

Services. The operator shall provide not less than one multi-engine aircraft, equipped for and capable of use under instrument meteorological conditions (IMC), either owned or under written lease to the operator, all of which must meet the requirements of the Federal Aviation Administration Air Taxi Commercial Operator Certificate as held by the operator. The operator shall provide services and equipment for checking in of passengers, handling of luggage, ticketing, and for furnishing or arranging for suitable ground transportation.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Hangar keeper's liability (if applicable).

Motor vehicle liability (if applicable).

New York State Workers' Compensation.

Hours of operation. The operator shall have its premises open and services available at least eight hours daily, five days per week and shall provide on-call service during hours other than the aforementioned.

Personnel. The operator shall have in its employ on duty or on-call within a reasonable time frame availability during the required operating hours, trained personnel in such numbers as are required to meet the standards set forth in this category in an efficient manner, but never less than one currently Federal Aviation Administration certified commercial pilot with instrument rating and otherwise appropriately licensed, rated, and current to permit the flight activity offered by operator. The operator shall provide reasonable assurance of a continued availability of qualified operating crews and approved aircraft within a reasonable or specified maximum notice period.

Exemption. Air taxi companies not based on the airport, but which are providing aircraft charter and/or air taxi services to and from the airport are exempted from these standards. However, operators that are not based at the airport must meet all of the appropriate requirements stipulated by FAA to conduct such operations and provide such services at the airport.

Specialized commercial flying services.

Definition. A specialized commercial flying services operator is a person(s), firm(s), or corporation(s) engaged in air transportation for compensation or hire for the purpose of providing the use of aircraft for the activities listed below:

Nonstop sightseeing flights that begin and end at the airport.

Aerial applications, including all forms of seeding and spraying.

Banner towing and aerial advertising.

Aerial photography, filming, electronic news gathering, or aerial surveying.

Firefighting.

Emergency medical services (EMS).

(g)

Power line or pipe line patrol.

(h)

Construction support activities such as external lift, etc.

(i)

Aerial show and acrobatic teams and instruction therein.

(j)

Any other operations specifically excluded from 14 CFR 135.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to safely provide outside parking, storage and mobility of aircraft and support equipment.

In the case of operations for aerial application or other commercial use of chemicals, sufficient land to provide a centrally drained, paved area for aircraft loading, washing and servicing, for the safe storage and containment of noxious chemical materials as well as parking spaces for tank trucks for mixing liquid spray and mixing liquids, such area to be designated by the County. The site must be in full compliance with all applicable environmental laws and regulations, and the operator must ensure that the site remains in compliance at all times with said laws and regulations.

Services. The operator shall provide and have based on its premises either owned or under written lease to operator, not less than one airworthy aircraft, suitably equipped for, and meeting all the requirements of the FAA and applicable regulations of the State of New York, with respect to the type of operations to be performed. In the case of crop dusting or aerial application, the operator shall provide tank trucks for the handling of liquid spray and mixing liquids. The operator shall also provide adequate ground equipment for the safe handling and safe loading of dusting materials.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Special insurance coverage for the specific type of operation conducted (if applicable).

Hangar keeper's liability (if applicable).

Products liability.

Motor vehicle liability (if applicable).

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New York State Workers' Compensation.

Hours of operation. The operator must provide a point of contact through its office or by telephone for the public desiring to utilize operator's services, at a minimum during the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday, of each week.

Personnel. The operator shall have in its employ trained personnel in such numbers as may be required to meet the standards herein set forth in an efficient manner, but never less than one person holding a current FAA commercial pilot certificate, properly rated for the aircraft to be used and the type of operation to be performed.

Aircraft hangar storage.

Definition. An aircraft hangar storage operator is a person(s), firm(s), or corporation(s) engaged in renting or leasing hangars to aircraft owners and/or operators.

Minimum standards.

Site development. The operator shall conduct its business on the airport from premises which must include the following, at a minimum:

Sufficient land to accommodate the hangars as well as provide sufficient room for the mobility of aircraft to and from the hangars.

Sufficient building to provide floor space for aircraft storage, and other related facilities if offered by operator, including but not limited to rest rooms, office space, telephone, etc.

Services. The operator shall provide hangars that meet all applicable federal, state, County, and local building and fire codes, and shall maintain the hangars and associated taxiways, taxi lanes, and utilities in good working condition.

Insurance. The operator under this category will be required to provide the following types of insurance in the limits specified by the County from time to time:

Aircraft liability.

Comprehensive public liability and property damage.

Hangar keeper's liability.

Motor vehicle liability (if applicable).

New York State Workers' Compensation.

Hours of operation. The operator shall make its hangar(s) accessible to its customers (aircraft owners and operators) 24 hours per day, seven days per week, unless otherwise agreed to in writing with all hangar tenants.

Personnel. The operator shall have in its employ on duty during the required operating hours, or on-call within a reasonable time frame, trained personnel in such numbers as are required to meet the standards set forth in this category in an efficient manner.

Commercial aviation suboperators.

Definition. A commercial aviation suboperator is a person(s), firm(s), or corporations engaged in any of the defined aeronautical services under a subleasing arrangement with another commercial aviation operator at the airport. All subleases are subject to the prior written approval of the County.