Article III Lease and Use of Property and Facilities

The Airport, as a federally obligated Airport, agrees to make available the opportunity to engage in commercial aeronautical and nonaeronautical activities by persons, firms, or legal entities that meet reasonable minimum standards and procedures as set forth in this article, hereinafter referred to as "standards." The objectives of these standards are to:

Promote safety in all Airport activities;

Maintain a high quality of service for all Airport users;

Protect the public from unlicensed and unauthorized products or services;

Enhance the availability of services for all Airport users; and

Promote the orderly development of Airport land.

The intent herein is to categorically identify those minimum standards and procedures by which all persons, firms or other legal entities conducting commercial (revenue producing) or noncommercial aeronautical activities at the Airport shall conduct their respective operations.

Policy.

In exchange for the opportunity to engage in an aeronautical activity, persons, firms, or entities engaged in aeronautical activity agree to comply with the standards developed by the Airport. All applicants shall meet the standards, as now in existence or as may hereafter be modified or amended, as recited herein and which pertain to their respective category.

Present commercial operators and noncommercial lessees conducting operations on the Airport, prior to the effective date of these standards, may be allowed to continue operations without fully complying with the portions of these standards relating to the number of categories and the physical requirements of land and buildings so long as such operations are in the public interest, and do not conflict with any FAA or Maine DOT requirement, or if the owner determines that it would be an extreme hardship, financial or otherwise for such an operator to fully comply with said portions of these standards. It is the responsibility of the operator to determine there is extreme hardship, financial or otherwise, and provide documentation of this to the Airport with a request for exemption from applicable elements of the standards.

All commercial operators and noncommercial lessees will be subject to applicable federal, State and local laws, codes, ordinances, and other regulatory measures.

All commercial operator's sublessees and noncommercial sublessees, also known as "subtenants," are subject to the provisions of these standards as well as all applicable federal, State and local laws, codes, ordinances, and other regulatory measures. Any reference to "operator" or "lessee" is understood to include any and all sublessees.

No person(s), firm or legal entity shall act as a commercial operator or noncommercial lessee on the Airport until such time as that person(s), firm or legal entity has applied for and received permission to so act, and has entered into and executed a lease/contract/operating rights agreement with the owner.

No lease/contract/operating rights agreement executed under these standards shall be transferable without first obtaining the prior written approval of the owner.

It is the owner's intention not to approve any application, or enter into any lease/contract/operating rights agreement, which offers more favorable terms and conditions for the same or similar rights to any one commercial operator or noncommercial lessee more than another.

All leases/contracts/operating rights agreements for commercial operations shall contain, inter alia, a covenant reciting the commercial operator's obligation to pay, as applicable, an amount for the basic annual rental of agreed premises and, as applicable based on the type of operation being conducted and if specified in a lease and operating rights agreement, and/or an amount equal to certain percentage of its gross annual income or revenue for operating rights granted. Such stipulations and covenants will be recited in the applicable lease/contract/operating rights agreement.

The owner shall review these standards annually and shall recommend such revisions or amendments as shall be deemed necessary under the use circumstances surrounding the Airport to properly protect the health, safety, and interest of the public. Upon approval of any such amendments, the commercial operators and noncommercial lessees secured hereunder shall be required to conform to such amended standards.

(10)

All leases and/or operating rights agreements entered into by the owner shall be subordinate to the provisions of any existing or future agreement between the commercial operator or noncommercial lessee and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport.

(11)

It is specifically understood and agreed that nothing contained herein shall be construed as granting or authorizing the granting of an exclusive right within the meaning of 49 U.S. C. §§ 40103(e) and 47107(a)(4).

Application.

The implementation and application of these standards shall be accomplished by the City of Sanford, acting through its duly elected City Council and its duly appointed Airport Manager.

These standards shall be published. The standards shall be appended to all existing and future leases/contracts and operating rights agreements and shall be considered a part of all leases/contracts and/or operating rights agreements which the City of Sanford has now or does in the future enter into.

Related materials:

Order 5190.6B, Airport Compliance Manual.

Advisory Circular (AC) 150/5190-7, Minimum Standards for Commercial Aeronautical Activities.

§ 70-38 Minimum standards for specific activities.

AC 150/5190-6 - Exclusive Rights at Federally Obligated Airports.

A fixed base operator (FBO) is defined as an entity engaging in an activity which involves, makes possible, or is required for the operation of aircraft, or which contributes to, or is required for the safety of such aircraft operations. The purpose of such activity may be to secure earnings, income, compensation or profit, whether or not such objective(s) are accomplished. Authorized activities by a commercial operator shall be strictly limited to any one or a combination of the following aeronautical services performed in full compliance with the specific standards for that activity as set forth herein:

Category	Title
I	Line services (aircraft fuels and oil dispensing)
II	Flight training
III	Aircraft charter and air taxi
IV	Aircraft sales (new and/or used)
V	Aircraft rentals
VI	Airframe and power plant repair facilities
VII	Aircraft painting and/or repair or initial outfitting of interiors
VIII	Specialized aircraft repair service - radios, propellers, instruments, and accessories
IX	Aircraft parking and storage
X	Specialized Aeronautical Service Operator (SASO)
XI	Flying clubs
XII	Independent operators
XIII	Any other activities not specifically provided for in these minimum standards

An entity wishing to engage in activities which involve multiple FBO categories must meet the minimum requirements for all categories in question.

I: Line services (aircraft fuels and oil dispensing).

Statement of concept. An aircraft fuel and oil service FBO provides aviation fuels, lubricants and other services supporting both based and itinerant aircraft operations.

Personnel requirements. The operator shall employ and train sufficient employees to meet the standards and procedures set forth in this category. The employees of the operator shall be trained to use fire extinguishers and spill response equipment, such as absorbents and containment devices established in the Airport's Stormwater Pollution Prevention Plan (SWPPP) and Spill Prevention Control and Countermeasure Plan (SPCCP).

Hours of operation requirements. The operator shall have the premises open and services available year round with hours as negotiated and determined in the lease agreement, but in any case open during daylight hours, seven days a week for aircraft fueling and dispensing. During hours of darkness, the operator shall provide an on-call service and respond within two hours of the request. The operator shall arrange for an employee to be in attendance in the office at all times during the required operating hours.

Equipment requirements.

Aircraft fuel and oil dispensing operations.

[a]

The operator shall furnish and maintain an adequate supply of recognized AVGAS, Jet-A fuel, oils and lubricants to meet public demand. Specific grade and quantities shall be negotiated as part of the lease agreement.

[b]

In conducting refueling operations, every operator shall install and use adequate grounding and/or bonding locations in accordance with current National Fire Protection Association (NFPA) standards to eliminate the hazards of static electricity and shall provide fire extinguishers or other equipment, approved by the NFPA, of such types and in such numbers as are commensurate with the hazards involved in refueling and serving aircraft.

[c]

The operator shall handle and dispose of, away from the Airport, all used or unused oil, solvents, and other hazardous/nonhazardous materials and waste in accordance with federal, State and local requirements.

Aircraft fueling systems. The operator shall provide metered, filter-equipped dispensers, fixed or mobile, for dispensing required grades of fuel. All dispensers must be inspected at least annually by a person qualified by NFPA standards to conduct and record said inspection. Separate dispensing pumps and meters are required for each grade of fuel and such facilities are to be in accordance with applicable NFPA standards.

Aircraft general services. The operator shall provide line service that does not require a certified mechanical rating, and cabin services, to general aviation aircraft as can be performed efficiently on the ramp or apron parking area, but only within the premises leased to the operator or identified in an operating rights agreement. The operator shall procure and maintain tools, jacks, and such equipment and trained personnel as necessary to provide for aircraft towing for moving and parking aircraft and assisting in the removal of disabled aircraft, inflating aircraft tires, changing engine oil, washing aircraft in designated areas, performing lavatory service on jet aircraft, and for recharging and energizing aircraft batteries and starters. All equipment shall be maintained and operated in accordance with federal, State and local industrial codes.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[1] and more particularly in the lease and operating rights agreement.

Editor's Note: Appendix B is included as an attachment to this chapter.

II: Flight training.

Statement of concept. A flight-training FBO engages in instructing pilots in dual and solo flight training, in fixed and/or rotary wing aircraft, and provides such related ground school instruction as is necessary and preparatory to taking the written examination and flight check ride for the category or categories of pilot licenses and ratings involved.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 10,000 square feet of ground space. The leasehold must have airside and landside access for customers. The operator shall acquire or erect on aforementioned leasehold a building to provide at least 2,750 square feet of floor space for aircraft storage and at least an additional 750 square feet of floor space for office, a classroom, a briefing room with a telephone and a computer with high-speed Internet access for students and pilots, complimentary wireless high-speed Internet access for students and pilots, a customer/pilot lounge and restrooms, which shall be properly heated, cooled, and lighted.

Personnel requirements. The operator shall have in his/her employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of services in an efficient manner, but never fewer than two persons, each possessing a current, effective FAA commercial pilot license with an appropriate instructor rating for the types of training offered as well as a current medical certificate.

Hours of operation requirements. The operator shall have the premises open and services available year round with operating hours as negotiated and required in the lease agreement. The operator shall arrange for an employee to be in attendance in the office at all times during the required operating hours.

Equipment requirements.

The operator shall have available for in-flight training use, either owned or under written lease to the operator, not fewer than three properly certified, airworthy aircraft equipped for pilots with student, private, instrument, and commercial FAA certificates. At least one of these aircraft must be certified four-place aircraft and one aircraft must be IFR certified. If the aircraft required under this section are no longer airworthy, the FBO must notify the Airport Manager of the aircraft's status in a timely manner in writing along with a timeline for returning the aircraft to an airworthy condition or acquiring a replacement airworthy aircraft.

For a flight-training FBO offering instrument ratings, the operator shall have available for use an FAA approved flight-training device (FTD).

The operator must offer for sale current aeronautical publications as appropriate and necessary for student, private, instrument and commercial pilots.

[4]

The operator shall provide adequate mock-ups, pictures, slides, programs or other visual aids necessary to provide proper ground school instruction.

Insurance requirements. In addition to the standard insurance requirements specified in these standards for flight training, the operator is required to notify the customer as to whether or not any of the operator's insurance coverage applies to or protects the customer while using the operator's aircraft.

III: Aircraft charter and air taxi.

Statement of concept. An unscheduled, or scheduled air charter or air taxi FBO engages in the business of providing air transportation (persons or property) to the general public for hire, on an unscheduled or scheduled basis, under 14 CFR Part 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons on Board Such Aircraft.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 10,000 square feet of ground space. The operator shall acquire or erect on aforementioned leasehold a building to provide at least 2,750 square feet of floor space for aircraft storage. The operator would additionally have to possess 1) direct landside and airside access and at least an additional 500 square feet of floor space which shall be properly heated, cooled, and lighted for office space, a customer/passenger lounge with telephone facilities and complimentary wireless high-speed Internet for customer use, and restrooms; or, 2) a written agreement with an existing FBO that meets the requirements of Item 1). Such an agreement between an existing FBO and Category III FBO operator shall be subject to the written approval of the Airport Manager and a copy of the final written agreement shall be provided to the Airport Manager.

Personnel requirements. The operator must be certified by the FAA under F.A.R. Part 135 and provide a copy to the Airport within 10 days upon request. The operator shall have in his/her employ and on duty during the appropriate business 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 pilot appropriately rated by the FAA to provide the services offered by the operator.

Hours of operation requirements. The operator shall have the premises open and services available as negotiated and required in the lease agreement. The operator shall provide on-call service during hours other than the aforementioned.

Equipment requirements. The operator shall have available for use, either owned or under written lease to the operator, airworthy aircraft that shall be suitably equipped for such operations as specified in the lease and operating rights agreement for the purpose of aircraft charter or air taxi operations.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[2] and more particularly in the lease and operating rights agreement.

Editor's Note: Appendix B is included as an attachment to this chapter.

IV: Aircraft sales (new and/or used).

Statement of concept. An aircraft sales FBO engages in the sale of new or used aircraft through franchises, licensed dealerships or distributorships (either on a retail or wholesale basis) or otherwise, and provides such repairs, services, and parts as necessary to meet any guarantee or warranty on new or used aircraft sold by the FBO.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 12,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 6,000 square feet of floor space for aircraft storage and at least an additional 500 square feet of floor space for office space, a customer lounge, and restrooms, which shall be properly heated, cooled, and lighted; and shall provide telephone facilities and complimentary wireless high-speed Internet for customer use. The leasehold must have airside and landside access for customers.

Personnel requirements.

The operator shall have in his/her employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in an efficient manner, but never less than one person having a current, private pilot certificate and minimum hour requirement as specified by FAA for type and category of aircraft to be demonstrated for sale.

An operator engaging in the sale of used aircraft must conform to the provisions of FAA regulations, part 47, Subpart C, and must possess a valid Dealers Aircraft Registration Certificate, FAA Form 8050. A copy of each valid certificate must be sent to the Airport within 10 calendar days upon request.

Equipment requirements.

The operator shall provide current, up-to-date specifications and price lists for types and models of aircraft sold.

The operator shall provide necessary and satisfactory arrangements for 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 a repair shop operator at the Airport.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards and more particularly in the lease and operating rights agreement.

V: Aircraft rentals.

Statement of concept. An aircraft rental FBO engages in the rental of aircraft (fixed or rotary wing) for operation by student pilots or other pilots not employed by the operator.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 10,000 square feet of ground space for storage and display of aircraft. The leasehold must have airside and landside access for customers. The operator shall acquire or erect on aforementioned leasehold a building to provide at least 3,000 square feet of floor space for aircraft storage and at least an additional 500 square feet of floor space for office space, a customer/pilot lounge, and restrooms, which shall be properly heated, cooled, and lighted. The operator shall also provide telephone facilities and complimentary wireless high-speed Internet for customer use.

Personnel requirements. The operator shall have in his/her employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of services in an efficient manner, but never less than one person possessing a current, effective FAA commercial pilot license with an appropriate instructor rating for the rental aircraft as well as a current medical certificate.

Hours of operation requirements. The operator shall have the premises open and services available year round with hours as negotiated and required in the lease agreement. The operator shall arrange for an employee to be in attendance in the office at all times during the required operating hours.

Equipment requirements. The operator shall have available for rental, either owned or under written lease to the operator, not fewer than three properly certified and currently airworthy aircraft suitably equipped for pilots with student, private, commercial or instrument FAA certificates. Two of these aircraft must be certified four-place aircraft; one aircraft must be IFR equipped and certified. The operator shall have on hand, at all times, proper checklists and operating manuals for each and every aircraft available for rental.

Insurance requirements. In addition to the standard insurance requirements specified in these standards, for rental activities, the operator is required to notify the customer as to whether or not any of the operator's insurance coverage applies to or protects the customer while using the operator's aircraft.

VI: Airframe and power plant repair facilities.

Statement of concept. An aircraft airframe and power plant repair and maintenance FBO engages in the maintenance and repair of aircraft and/or rotorcraft, power plants, propellers and/or rotors, accessories, and the sale of aircraft parts and accessories.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 10,000 square feet of ground space. The operator shall acquire or erect on aforementioned leasehold a building to provide at least 6,500 square feet of floor space for airframe and power plant repair service, including sufficient hangar space to provide housing for any aircraft being serviced, all meeting with federal, State, and local industrial code requirements and at least an additional 500 square feet of floor space for office space, a customer/pilot lounge, and restrooms, which shall be properly heated, cooled, and lighted. The operator shall also provide telephone facilities and complimentary wireless high-speed Internet for customer use.

Personnel requirements. The operator shall have in his/her employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of services in an efficient manner, but never less than one person currently certified by the FAA as an airworthiness inspector with ratings appropriate to the work being performed. Maintenance support must be available at other times with proper coordination.

Hours of operation requirements. The operator shall have the premises open and services available year round with operating hours as negotiated and required in the lease agreement, but at a minimum Monday through Friday during regular business hours.

Equipment requirements. The operator shall provide adequate shop space to house all equipment, and shall keep on hand at all times a stock of batteries, filters, plugs, and miscellaneous hardware and electrical components necessary for the types of repairs and maintenance performed as well as adequate equipment and machine tools, jacks, lifts and testing equipment to perform annual inspections as required for FAA certification on single engine and light multi-engine, general aviation aircraft. The operator shall also have on hand in good working order the equipment and trained personnel required for aircraft towing and commonplace aircraft emergency services, such as flat tires and dead batteries.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[3] and more particularly in the lease and operating rights agreement.

Editor's Note: Appendix B is included as an attachment to this chapter.

VII: Aircraft painting and/or repair or initial outfitting of interiors.

Statement of concept. An aircraft painting and/or repair or initial outfitting of interiors FBO engages in the business of providing a shop for the painting of aircraft and/or repair, rehabilitation, and renovation of aircraft interiors.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 10,000 square feet of ground space. The operator shall acquire or erect on aforementioned leasehold a building to provide at least 8,000 square feet of floor space for specialized aircraft repair service, including sufficient hangar space to provide housing for any aircraft being serviced, all meeting with federal, State, and local industrial code requirements and at least an additional 500 square feet of floor space for office space, a customer/pilot lounge, and restrooms, which shall be properly heated, cooled, and lighted. The operator shall also provide telephone facilities and complimentary wireless high-speed Internet for customer use.

Personnel requirements. The operator shall have the appropriate personnel available as negotiated and required in the operating agreement. The operator shall arrange for an employee to be in attendance in the office at all times during the required operating hours.

Hours of operation requirements. The operator shall have the premises open and services available year round with hours as negotiated and required in the operating agreement.

Equipment requirements.

The operator shall provide adequate shop space to house all equipment, and shall keep on hand at all times adequate equipment and tools to perform aircraft painting and/or repair or initial outfitting of interiors.

The operator shall outfit the building for painting services with such setup, separation, and ventilation in accordance with federal, State and local codes and requirements.

The operator shall handle and dispose of, away from the Airport, all used or unused oil, paints, solvents, and other hazardous/nonhazardous materials and waste in accordance with federal, State and local requirements.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[4] and more particularly in the lease and operating rights agreement.

[4]

Editor's Note: Appendix B is included as an attachment to this chapter.

VIII: Specialized aircraft repair service: radios, propellers, instruments, and accessories.

Statement of concept. An FAA-authorized repair station for avionics sales and service FBO engages in the business of providing a shop for the repair of aircraft radios, instruments, and accessories for general aviation aircraft. This category shall include the sale of new or used aircraft radios, instruments, and accessories.

Required leasehold/building and/or hangar size. The operator shall lease from the owner an area of not less than 10,000 square feet of ground space. The operator shall acquire or erect on aforementioned leasehold a building to provide at least 6,500 square feet of floor space for specialized aircraft repair service, including sufficient hangar space to provide housing for any aircraft being serviced, all meeting with federal, State, and local industrial code requirements and at least an additional 500 square feet of floor space for office space, a customer/pilot lounge, and restrooms, which shall be properly heated, cooled, and lighted. The operator shall also provide telephone facilities for customer use.

Personnel requirements. An operator engaged in service, repair or maintenance of aircraft shall be in possession of an airframe and power plant certified repair station license as granted by the Federal Aviation Administration and provide a copy to the Airport within 10 days upon request. The operator shall arrange for an employee to be in attendance in the office at all times during the required operating hours.

Hours of operation requirements. The operator shall have the premises open and services available as negotiated and required in the lease agreement.

Equipment requirements. The operator shall provide adequate shop space to house all equipment, and shall keep on hand at all times adequate equipment and machine tools, jacks, lifts and testing equipment to perform specialized aircraft repair services.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[5] and more particularly in the lease and operating rights agreement.

[5]

Editor's Note: Appendix B is included as an attachment to this chapter.

IX: Aircraft parking and storage.

Statement of concept. An aircraft parking and storage FBO engages in the transient and/or based parking or storage of aircraft at the Airport.

Required leasehold/building and/or hangar size.

The operator shall lease from the owner an area of not less than 7,875 square feet (63 feet by 125 feet) of ground space for aircraft tie-downs and storage, parking and other uses in accordance with the services to be offered, and on which shall be erected a minimum of four nested T-hangars, or a single, large storage hangar with not less than 6,500 square feet of floor space or its equivalent. The operator shall provide a paved taxilane to accommodate aircraft movement from the operator's facilities to the existing Airport taxiway system, as appropriate. An operator providing more than four hangar spaces shall provide restroom facilities for tenants.

Ramp space is for use by the general public only unless specifically leased to the operator. The operator shall not be permitted to use any portion of public ramp space for his/her business.

Personnel requirements. The operator shall have the appropriate personnel available as negotiated and required in the operating agreement.

Hours of operation requirements. The operator shall maintain hangars and tie-down spots available for the customer's aircraft storage and removal seven days a week, 24 hours per day.

Equipment requirements. Not applicable.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[6] and more particularly in the lease and operating rights agreement.

[6]

Editor's Note: Appendix B is included as an attachment to this chapter.

(10)

X: Specialized aeronautical service operator (SASO).

Statement of concept. A SASO provides a limited commercial aviation related service not currently available to the public at the time of application from an existing approved fixed base operator. Examples of these specialized services may include: flight training, aircraft airframe and power plant repair/maintenance, aircraft charter, air taxi, air ambulance, aircraft sales, avionics, instrument or propeller services, crop dusting, banner tow, aerial photography, or any other single service aviation activity determined by the City Council to be in the best interest of the Airport and the flying public.

Required leasehold size. The operator shall have a leasehold sized to suitably accommodate its purpose. The leasehold size will be negotiated and required in the lease agreement. Sublease from an existing FBO is allowable in order to fulfill leasehold size requirements.

Required building and/or hangar size. The operator shall have an appropriately sized building and/or hangar containing elements to provide an appropriate level of service. The building and/or hangar elements required will be negotiated and included in the lease agreement. Sublease from an existing FBO is allowable in order to fulfill building and/or hangar element requirements.

Personnel requirements. The operator shall have the appropriate personnel available as negotiated and required in the lease agreement.

Hours of operation requirements. The operator shall have the premises open and services available as negotiated and required in the lease agreement.

(g)

Insurance requirements. In addition to the standard insurance requirements specified in these standards, for flight training, the operator is required to notify the customer as to whether or not any of the operator's insurance coverage applies to or protects the customer while using the operator's aircraft.

(11)

XI: Flying clubs.

Statement of concept. A flying club is a nonprofit entity formed as an organization, corporation, association or partnership with the purpose of providing its members with jointly owned and operated aircraft for noncommercial use.

Required leasehold size. The club may lease tie-down space for outdoor storage in compliance with the Airport's Aircraft Parking Policy, as may be amended from time to time. Any aircraft utilized by the club and stored on the Airport premises shall be either contained in a hangar or on a tie-down in a location specified for aircraft parking on the Airport Layout Plan and/or approved by the Airport Manager in writing.

Required building and/or hangar size. The club may lease hangar space at the Airport for the purpose of aircraft storage. Such a lease agreement will be in line with private hangar leases at the Airport.

Personnel requirements. Each club must be a certified nonprofit in the State of Maine. Each member must be a bona fide owner of the aircraft or a stockholder in the corporation. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual use of operation, maintenance and replacement of the aircraft. The club will file and keep current with the Airport a complete list of the club's membership and investment share held by each member.

Hours of operation requirements. Not applicable; flying clubs are not authorized to provide commercial services to the public.

Equipment requirements.

The club will file annually and keep current with the Airport a complete list of the club's aircraft.

The club's aircraft will not be used by other than bona fide members for rental and by no one for hire, charter or air taxi. Student instruction can be given by a lessee based on the Airport who provides flight training or by a FAA-certified flight instructor who is a bona fide member of the club, but only at no cost to other bona fide members of the club.

(g)

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards[7] and more particularly in the lease and operating rights agreement.

[7]

Editor's Note: Appendix B is included as an attachment to this chapter.

(12)

XII: Independent operators.

Statement of concept. Individual operators may perform a single-service aviation support activity on the Airport only if the service is not available from an existing fixed base operator or permitted SASO and only with permission of the City of Sanford in the form of an operating rights agreement. An example of such activity may be, but is not limited to, certified FAA check airmen performing check rides or specialized mechanic services such as those for a jet not offered by an existing on-Airport FBO. For all operations currently existing and in operation at the Airport, independent operators must obtain a sublease for operating rights from the established commercial operator or otherwise fulfill the requirements of that category or categories of operation, as applicable. Such subleases must obtain prior written approval from the Airport Manager. A copy of each executed sublease shall be provided to the Airport Manager within 14 calendar days of its execution.

Required leasehold/building and/or hangar size.

The operator shall lease from the owner an area of not less than one annual aircraft tie-down, and/or lease or sublease on the Airport an aircraft storage hangar capable of storing at least one aircraft. This requirement may be waived with prior approval from the Airport Manager under certain circumstances where deemed appropriate.

Ramp space not specifically leased to the operator is for use by the general public only. The operator shall not be permitted to use any portion of public ramp space for his/her business.

A monthly, quarterly, or annual fee, as appropriate, and/or percentage of gross revenues obtained from the operation will be negotiated prior to allowing this type of operation.

Personnel requirements. The operator shall have the appropriate personnel available as negotiated and required in the operating rights agreement.

Hours of operation requirements. The operator shall have the appropriate personnel and services available during certain hours as negotiated and required in the operating rights agreement.

Equipment requirements. The operator shall have the appropriate equipment available as negotiated and required in the operating rights agreement.

§ 70-39 Policy for through-the-fence operations.

Insurance requirements. The operator shall obtain and maintain at all times insurance policies of the types and in the amounts required by the owner as specified in Appendix B of these standards and more particularly in the operating rights agreement.

(13)

XIII: Any other activities not specifically provided for in these minimum standards, including nonaeronautical activities, will be subject to negotiation.

Through-the-fence operations occur when an entity on property adjoining the Airport is provided direct access for aircraft from the adjoining property to the Airport facilities. Unauthorized access to the Airport from adjacent properties is expressly prohibited. The Airport is under no obligation to allow through-the-fence operations. If, however, the Airport decides to allow a through-the-fence operation, a signed Airport access agreement is required. This agreement shall give the Airport the legal right to require the party granted access to conform to all applicable grant assurances and specifies, at a minimum:

Specific rights of access.

Specific operating rights as contained in § 70-38, if applicable.

Payment provisions for use of Airport.

Incorporation of Airport policy documents, including but not limited to these standards.

Default and termination procedures.

Insurance and Indemnity provisions.

The Airport sponsor is under no obligation to accept sale or assignment of the agreement.

Federal grant assurances supersede the access agreement in all cases.

§ 70-40 Basic terms and conditions for leases, contracts and operating rights agreements.

Expiration date.

Such an agreement shall contain terms that do not provide unfair advantage to the through-the-fence operator over similarly situated on-Airport commercial operators or noncommercial lessees, as applicable. Through-the-fence operations must not adversely affect the safety, utility, or efficiency of the Airport.

The following terms and conditions shall be basic to all leases/contracts/operating rights agreements now in existence or to be entered into in the future.

General terms.

Any lease/operating rights agreement shall be subordinate to the provisions of any existing or future agreement between the owner and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport.

The owner reserves the right, but shall not be obligated to the lessee to maintain and keep in repair the landing area of the Airport, and all publicly owned facilities on the Airport, together with the right to direct and control all activities of the owner in this regard.

In addition to the requirements of the FAA and the Maine DOT, the owner may establish and implement such rules and regulations as may be required for:

The safe and orderly operation of the Airport;

The safe and orderly operation of aircraft in the Airport traffic area and airspace surrounding the Airport; and

The safe and orderly operation of aircraft and vehicles on the ground.

The operator, his/her agents and employees will not discriminate against any person or class of persons by reason of race, color, sexual orientation, creed or national origin in providing any services or in the use of any of its facilities provided for the public, in any manner prohibited by Appendix D to 14 CFR Part 152, Assurances. The operator further agrees to comply with such enforcement procedures as the United States might demand that the owner take in order to comply with these assurances.

AC 150/5190-5, Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities, states "an aircraft owner, who is entitled to use the landing area of an Airport, may tie down, adjust, repair, refuel, clean, and otherwise service his/her own aircraft, provided the service is performed by the aircraft owner or his/her employees with resources supplied by the aircraft owner." Level of maintenance and repairs performed shall comply with 14 CFR Part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration.

The Airport Manager shall be kept informed, promptly in writing, of the type, registration, aircraft owner's name, address, e-mail address, and phone number for all aircraft stored in or on premises for more than 30 calendar days per year.

All nonairworthy aircraft not in an enclosed structure shall be removed from the Airport on 30 days' written notice from the owner to the lessee at the lessee's expense unless a waiver is requested and granted for insurance purposes.

In the event of any conflict between the terms of these Minimum Standards and Procedures, and the provisions of any lease of a portion of the Airport property, the more stringent requirement in either document shall be controlling.

The owner reserves the right to further develop, improve and maintain the Airport and its facilities as it sees fit, regardless of the desires or view of the operator/lessee/applicant and without interference or hindrance. If the physical development of the Airport requires the relocation of the operator/lessee/applicant, the owner agrees to provide a new location.

Terms for facilities.

Unless otherwise leased by the owner, all lessees shall provide the following, as applicable:

Design plans and specifications are subject to review by the owner for compliance with federal, State of Maine, and City standards, ordinances, regulations and laws. No construction of any kind shall be done at the Airport without the prior written approval of the owner, and no such approval shall be granted unless such construction and design is consistent with the latest approved Airport Layout Plan (ALP) for the development at the Airport. Construction shall be completed within one year of the date of such written approval.

Aircraft hangars, office space, storage facilities, restrooms, customer lounge, and other facilities, as required.

Adequate auto parking space within the lease area to accommodate all of the operator's employees and customers.

A paved aircraft apron which meets appropriate FAA specifications within the leased area; and a paved taxiway within and without the leased area to accommodate aircraft movement from the tenant's facilities to the existing Airport taxiway system.

The lessee shall maintain all buildings and land on Airport property to the following standards, or as directed by the Airport Manager:

Exterior buildings, signs and other structures shall be maintained in accordance with Airport standards and be in good condition. Prior to the construction or display of any exterior signing, written approval must be obtained from the owner. All signs shall comply with the City's sign code.[1]

Editor's Note: See § 280-14-13, Signs.

Open storage areas shall be screened from public view.

Nonpaved areas may be landscaped with lawns, mulch, shrubs, etc., as approved prior to installation by the Airport Manager. Such approval will not be unreasonably withheld, conditioned, or delayed, provided that it does not interfere with the safety, utility, or efficiency of the Airport.

Lawns shall be cut to present a neat appearance.

Trash is not allowed on Airport property. Place trash and cigarette cans where needed.

Absolutely no activities shall take place on Airport property to attract wildlife of any kind, including but not limited to bird or animal feeding, installation of bird baths, or installation of bird or animal feeders.

(g)

Pavements shall be joint-sealed and painted in accordance with FAA and MaineDOT standards.

(h)

The lessee is responsible for snow and ice control on leased property. Only snow and ice control equipment and trained operators, as approved by the Airport Manager, are allowed on Airport property. Agreements may specify snow removal procedures for each leasehold.

(i)

All used or unused oil, solvents, and other hazardous/nonhazardous materials and waste shall be handled and disposed of, away from the Airport, in accordance with federal, State of Maine and City requirements. The piling or other inappropriate storage of crates, boxes, barrels, and containers will not be permitted within leased premises.

The lessee shall comply with the Airport's stormwater pollution prevention plan (SWPPP).

The owner reserves the right to take any action it considers necessary to protect the 14 CFR Part 77, Objects Affecting Navigable Airspace, and FAA Order 8260.3B, United States Standard for Terminal Instrument Procedures imaginary surfaces against obstructions, together with the right to prevent the lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the owner, would limit the usefulness of the Airport or constitute a hazard to aircraft.

The owner reserves the right to, without obligation to the operator/lessee/applicant, keep the Airport landing area, and publicly owned facilities in good repair.

Ramp space other than ramp space specifically leased to or defined under a management agreement with the lessee shall be for use by the general public only. No lessee shall be permitted to use any portion of public ramp space for his/her use exclusively or to use any of such ramp space as parking or tie-down area.

Terms for operator services.

The operator shall furnish services on a fair, equal, and nondiscriminatory basis to all users.

The operator shall charge fair, reasonable, and nondiscriminatory prices for each unit of sale or service, provided that the operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

The operator shall provide, by means of an office, a telephone, and/or a current and updated website with e-mail contact information, a point of contact for the public desiring to utilize the operator's services.

Policy for insurance.

Each operator and lessee shall protect the general public, the customers or clients and the owner from any and all lawful damages, claims, or liability, and they shall provide the types of insurance required in the applicable category(s) and written in such amounts designated in this article and more particularly described in Appendix B[2] as amended from time to time but in no event less than the amounts required the owner in the operator or lessee's negotiated lease agreement.

Editor's Note: Appendix B is included as an attachment to this chapter.

The owner shall be an additional named insured in any such policy, and a certificate of insurance evidencing the same and the required coverage shall be delivered to the owner prior to the commencement of any lease of Airport property.

The certificate of insurance shall provide that the insurance company, in writing, will notify the owner 30 days in advance of any cancellation of such insurance.

Insurance policies shall remain in full force and effect during the term of the lease/contract between the lessee and the owner, and any renewal policies shall be filed with the owner not less than 30 days before the expiration date of such policies.

§ 70-41 Application procedures.

Any person(s), firm or legal entity wishing to obtain the right to operate and/or establish leasehold on the Airport shall make written application to the owner in the manner and form heretofore prescribed.

Application for permission to lease and/or use Airport land or any facilities thereon shall be accomplished in the manner and form as is published by the owner and contained in Appendix C.[1]

Editor's Note: Appendix C is included as an attachment to this chapter.

It is the intent of the owner to examine each applicant and operator/lessee. Each applicant and operator/lessee shall provide satisfactory evidence to the owner of their technical and financial abilities, including the ability to meet the insurance requirements as stated herein.

Upon consideration of the application, the owner shall determine whether or not the applicant meets the standards and qualifications as herein set out and whether or not such application should be granted in whole or part, and if so, upon what terms and conditions. The owner will review and act on all applications within 90 days from the receipt.

The following list contains examples of reasons why an application may be denied; the following list is not exhaustive:

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

The applicant's proposed operations or construction cannot be incorporated into the Ultimate Airport Layout Plan and approved by FAA, the MDOT and the owner because:

It is a potential safety hazard to the Airport; or

There is insufficient land or building space available; or

It will result in a congestion of aircraft or buildings, or will unduly interfere with the operation of any present FBO on the Airport, such as problems in connection with aircraft traffic or service, or preventing free access and egress to the existing FBO, or will result in depriving, without the proper economic study, an existing FBO of portions of its leased area in which it is operating.

The granting of the application will require the expenditure of owner 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 owner.

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.

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, FAR, or any other rules and regulations applicable to this or any other Airport.

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

Any party applying, or having an interest in the business, is not sufficiently credit worthy and responsible in the judgment of the owner to provide and maintain the business to which the application relates and to promptly pay amounts due under the FBO lease.

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