justicedao/ipfs_state_laws huggingface dataset:
738-014-0030 Selection of Volunteer Pilot Sites (1) Airport sponsors interested in participating in the pilot program must make written application to ODA. ODA will establish the application form and deadline for applications. (2) The application shall include: (a) a letter from the governing body of the county in which each rural airport is located. The letter shall state the governing body concurs with the sponsor’s request to be a pilot site and is prepared to assist in the amendment of comprehensive plans and land use regulations, if necessary, as required by ORS 836.642 and OAR 660, division 13 (Department of Land Conservation and Development rules governing airport planning); (b) a description of how the airport sponsor intends to encourage through the fence operations at the rural airport; (c) a complete narrative description of public-private partnerships the sponsor intends to pursue, and how the partnerships would promote: (1) Innovative and creative technologies for increasing airport usability and safety; (2) Innovative and creative performance of aviation services to make the services more competitive and useful for the public; (3) Development of the pilot site as a setting for customary and usual aviation-related activities to develop and thrive; and (4) Shared responsibility for: (A) Establishing and meeting the fiscal needs of the pilot site; (B) Maintaining safety of operations; and (C) Maintaining positive community relations and compatibility with existing uses. (D) a description, to the extent practicable, of the types of innovative airport infrastructure and operations funding that will be sought to support the pilot airport; and (E) a statement of the sponsor’s willingness to participate in the pilot program evaluation process described in OAR 738-014-0035. (3) ODA will review all applications submitted by the deadline, and rank the applications that meet the minimum requirements of these rules according to their ability to meet the goals of this pilot program and the quality of the application. ODA will submit its list of eligible airports in ranked order to the State Aviation Board. (4) The State Aviation Board will review the applications and may select up to two airports for inclusion in this pilot program. (5) Aurora State Airport is included in the pilot program as provided in ORS 836.642(2)(a). Statutory/Other Authority: ORS 835.035, 836.642 & sec. 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & sec. 4, ch. 820 & OL 2005 History: AVIA 3-2006, f. 6-27-06, cert. ef. 7-1-06
738-014-0035 Pilot Program Evaluation Process (1) The pilot program implemented by these rules is intended to support Oregon’s economic development through encouragement of through the fence operations at certain pilot airports. The ODA will prepare annual written evaluations of the program and present its evaluation to the State Aviation Board and other interested persons at the first State Aviation Board meeting after July 1, beginning July 1, 2007. Airport sponsors of pilot sites will cooperate with the evaluation and provide the information needed to complete the evaluation. (2) The evaluation shall include, but need not be limited to, the following information: (a) Identify and describe the new through-the-fence operations located at the pilot site and the number of jobs at each business. Describe the origin of each new business (start-up, relocated from another location in Oregon, relocated from a location outside Oregon) and the net change in employment from the previous location, if applicable. Describe other economic benefits of each through-the-fence operation, if applicable. (b) Describe efforts by the airport sponsor to plan for and encourage airport development. Include a review of the sponsor’s efforts to obtain innovative sources of financing for infrastructure and operations, as described in ORS 836.642(6). (c) Describe efforts by the local community, including the jurisdiction responsible for land use planning for the pilot site and local economic development agencies, to plan for and encourage airport development. (d) Analyze ODA’s costs for the pilot program during the evaluation period, including both costs associated with the Aurora State Airport as a pilot site and the general costs associated with the pilot program. (e) Evaluate ODA expenditures at pilot site airports compared to other public airports. (f) Report on the local planning and land use issues that arose with respect to the pilot program. (g) Evaluate the impact of the pilot program on the efficiency of airport management and operations at each pilot site. (h) Evaluate the impact of the pilot program on security for each pilot airport. (3) ODA may also solicit written comments from the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) and shall include those comments in the evaluation if received. ODA shall invite public comment on the pilot program and include the public comment in the final evaluation presented to the State Aviation Board. Statutory/Other Authority: ORS 835.035, 836.642 & sec. 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & ch. 820 & OL 2005 History: AVIA 3-2006, f. 6-27-2006, cert. ef. 7-1-06
738-014-0040 Revisions to Airport Facility Plans to Accommodate New Through the Fence Operations at Pilot Sites (1) Each pilot site sponsor shall work with the appropriate local government to amend its Airport Layout Plan as necessary to address proposed new through the fence operations. Amendments must conform to ORS 836.610(1) and OAR chapter 660, division 13 (Airport Planning). (2) The Oregon Department of Aviation may assist the pilot site airport sponsor in the development of the Airport Layout Plan by providing aviation planning advice, and by assisting in the coordination of involvement with the appropriate local government, state and federal agencies, including the Department of Land Conservation and Development, and the Economic and Community Development Department. (3) Upon submittal of the appropriate land use applications, the county and city (if any) within whose jurisdiction a pilot site is located shall consider amendments to comprehensive plans and land use regulations, including zoning classifications pursuant to ORS 836.600 to 836.630, if necessary, to accommodate the pilot site through the fence operations. Statutory/Other Authority: ORS 835.035, 836.642 & sec. 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & ch. 820 & OL 2005 History: AVIA 3-2006, f. 6-27-06, cert. ef. 7-1-06
738-014-0050 Standards and Guidelines for Through the Fence Operations The airport sponsor of a pilot site shall create a “Through the Fence Operations” operating plan for their airport, to accompany the Airport Layout Plan. The “Through the Fence Operations” operating plan shall include the following: (1) Identify current operating costs and revenues for the pilot site airport. Describe how the through the fence operations will provide financial support to the pilot sites in compliance with FAA regulations. (2) Require each through the fence operation to submit a facility site plan for its own property to the airport sponsor. The through the fence operation, in cooperation with the airport sponsor, then may proceed to seek any necessary land use approval from the appropriate local government. Any such approval must be made in compliance with statewide land use planning requirements. If the facility site plan is approved by the appropriate local government in compliance with applicable statewide land use planning requirements, the facility site plan shall be incorporated into the local government’s airport plan and airport boundary. (3) Require that each through the fence facility only be permitted to operate through a written contract with the airport sponsor that includes: (a) Financial charges, including fuel flowage fees if applicable, that provide equitable and uniform treatment of all airport tenants and users at pilot sites. (b) An approved development plan for the through the fence property. (c) Aviation safety rules for the airport, and rules that facilitate the orderly management of the pilot sites. (d) Identify the airport’s role in Oregon’s emergency response system, and the through the fence facility’s role (if any) in assisting in maintaining these characteristics; (e) Identify investments in pilot sites and the level of service provided by pilot sites, and the through the fence facility’s role (if any) in assisting in maintaining these characteristics. (f) Facilitate and foster good relations with the communities surrounding the pilot sites, including, for example, adhering to established airport noise abatement procedures, and adjusting operations as needed to cooperate with public community events which may occur at the airport from time to time. Statutory/Other Authority: ORS 835.035, 836.642 & sec. 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & ch. 820 & OL 2005 History: AVIA 3-2006, f. 6-27-06, cert. ef. 7-1-06
738-014-0060 Airport-related Economic Development for the Community (1) The pilot site airport sponsor shall coordinate with its county (and city if applicable) economic development departments to advance local economic development through qualified customary and usual aviation related activities within the airport boundaries of pilot sites. The development shall encourage well-ordered economic development within the airport boundaries of the pilot sites. (2) Airport sponsors shall encourage, to the extent practical, the use of innovative funding and economic development programs at the airport to assist in developing financial self-sufficiency of the airport, including but not limited to the programs described in ORS 836.642(6). (3) The Economic and Community Development Department shall assist the pilot sites to: (a) Identify, qualify for and apply for funding from appropriate grant and loan programs; and (b) Develop innovative short-term and long-term funding opportunities. Statutory/Other Authority: ORS 835.035, 836.642 & Section 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & ch. 820 & OL 2005 History: AVIA 3-2006, f. 6-27-06, cert. ef. 7-1-06
738-015-0010 Commercial Aeronautical Lease Applicant's Financial Responsibility and Experience (1) All persons applying for a lease for commercial aeronautical activity at a State-owned airport must demonstrate the financial capability and responsibility to: (a) Initiate proposed commercial aeronautical activities; (b) Construct proposed improvements; and (c) Provide working capital to perform proposed activities for the lease term. (2) The demonstration of financial capability shall include: (a) Projected cash flow and profit-and-loss calculations for the first five (5) years of the proposed operation; (b) A three-year historical profit-and-loss statement (if applicable); and (c) A current (within 90 days) balance sheet. (3) A prospective Lessee who will be constructing lease property improvements shall provide the Department evidence of financial capacity in one of the following forms: (a) A performance bond in the amount equal to the cost for constructing the proposed improvements, which may be supplied by a contractor; (b) An irrevocable letter of credit guaranteeing funds to complete the project; (c) An escrow agreement administered by a title and escrow company; or (d) A trust administered by a commercial bank. (4) The prospective Lessee shall furnish the Department with a statement of its past experience in providing the specified commercial aeronautical service for which the application is being made, including: (a) Résumés of management individuals who will be directly responsible for the proposed commercial operation; and (b) Business, financial and managerial references. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0025 Commercial Aeronautical Lease Renewal Options (1) In accordance with OAR 738-015-0020, Commercial Aeronautical Lease Provisions, Lessee shall have the option to renew its lease beyond the base term, subject to the satisfaction of all of the following conditions: (a) The existing lease is not in default; (b) Any improvements to the lease property are structurally sound and capable of safe and legal occupancy for the remaining term of the renewal period; and (c) Lessee files a notice with ODA, in the form specified by ODA, stating that Lessee has complied with (a) and (b) above and intends to exercise its renewal option. The notice must be filed no later than 120 days prior to the expiration of the base term lease. (2) The Department shall inspect Lessee's improvements for condition and appearance in accordance with ODA's standards for maintaining clean, safe and attractive facilities at the airport. (a) Items considered shall include, but not be limited to: (A) Siding and exterior finish; (B) Roofing; (C) Doors; and (D) Structural framing. (b) If the Department determines from its inspection that the improvements may not be structurally sound, the Department may require Lessee to obtain an inspection by a certified inspector, at Lessee's expense, to verify the condition of the structure. (c) The Department may require Lessee to correct any deficiencies noted by ODA's inspection, or may require further structural inspection as described in paragraph (b) above, as a condition of Lessee's renewal. (d) If corrections cannot be completed prior to the expiration of the current lease term, Lessee may request in writing that the Department approve additional time to make such corrections; the Department shall not unreasonably withhold approval of the request. The Department and Lessee may enter into the lease renewal or new lease, subject to the written commitment of Lessee to complete the repairs within a specified period. Failure to make such repairs within the period agreed upon may be cause for immediate termination of the renewal term or new lease. (3) The length of the term of a new lease following a base term lease, and any renewal, shall be at the Department's discretion. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0030 Termination of Commercial Aeronautical Lease for Default or Airport Development (1) In the event of termination of a commercial lease by the Department for default by Lessee, Lessee has two options, either of which must be completed within 120 days of the date of written notice of lease termination: (a) Lessee may sell the lease improvements to a qualified buyer who is able to enter into a lease with the Department, under the criteria set forth in OAR 738-015-0005 through 738-015-0015; or (b) Within that same period, Lessee may remove the improvements, at Lessee's expense, and restore the lease property to its original condition. (2) In the event of termination for default by Lessee, Lessee shall pay basic rent for any post-termination occupancy until a new Lessee has entered into a lease agreement with the Department, or until the lease property is restored to their original condition. (3) If the Department makes a determination, in accordance with the Airport Master Plan and FAA-approved Airport Layout Plan, that the lease property is required for airport development, it shall offer to Lessee an alternative site, if such other suitable space is available on airport property. (4) If no suitable alternative site is available, or if Lessee chooses not to relocate, either party may terminate the lease. (5) Upon termination, Lessee shall vacate the lease property within 120 days following ODA's termination notice. (6) If Lessee's lease was a base term lease, the Department shall offer to buy out the remaining base term of the lease. If Lessee's lease is not a base term lease, then the Department shall not pay compensation for lease termination. (7) The base term lease buy-out amount shall be determined by amortizing the construction cost of any improvements on the lease property over the base term of the lease, factoring in straight-line depreciation and adjusting for inflation based on the Department's periodic rental increases. The Department shall purchase each remaining year of the base term of the lease according to the amortization/depreciation schedule. (8) Upon termination, Lessee shall continue to own all improvements on the lease property, including hangars. The improvements are personal property of the Lessee and must be removed when the Lessee vacates the lease property pursuant to paragraph (5) of this rule. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0035 Sale of Improvements, Assignment of Commercial Leases, Subleases (1) The Department shall not allow assignment of any lease for commercial aeronautical activity. (2) If Lessee desires to sell the improvements, the Department shall consider entering into a new lease with the buyer of the improvements. (a) The prospective Lessee (the buyer of the improvements) must meet all requirements imposed on any lessee under the terms of a lease with the Department for commercial aeronautical activity at a State-owned airport. (b) If the prospective Lessee (the buyer of the improvements) qualifies to obtain a lease, the Department shall offer a lease with the terms, conditions and rates then in effect. The term of the new lease shall be determined by the Department, consistent with OAR 738-015-0005 through 738-015-0015. (3) The original Lessee's lease shall remain in full force and effect until the Department and the new Lessee (the buyer of the improvements) have entered into a new lease. The original Lessee must comply with all terms and conditions of the lease until the new lease is executed and in effect. (4) Upon execution of the new lease, the original lease is automatically terminated by mutual agreement of the parties. (5) Subleasing of a commercial aeronautical activity lease is allowed with prior written approval by the Department. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0040 Commercial Lease Insurance Requirements Each Lessee shall meet all State of Oregon insurance requirements and shall maintain the types of insurance specified in the lease, in the amounts specified. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0045 Exclusive Rights (1) The Department shall not grant an exclusive right aeronautical activity agreement to any single commercial operator or service provider, since such an agreement would create a the absence of competitive enterprise or a local monopoly at a State-owned Airport. (2) The Department does not regard a State-owned airport with one single commercial operator to constitute an "exclusive right" or monopoly to that operator by ODA. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0050 Competitive Proposal Process for Commercial Aeronautical Activity (1) In order for the State to determine the level of market demand, the Department may, at its discretion, seek competitive proposals for leases for commercial aeronautical activity at all State-owned airports. (a) The proposal process will include public notices and posting of information and proposal documents on the Department website. (b) All Requests for Proposals will be consistent with any and all applicable State policies. (c) A fair and objective evaluation process will be utilized to select the proposals that best meet the interests of the State, as defined within the proposal documents. (2) Current Lessees will not be excluded from submitting a competitive proposal at any State-owned airport. (3) Each Request for Proposals will contain specific information regarding the state-owned airport property currently being considered. (4) All proposals will include requirements for detailed information from the respondents regarding: (a) Qualifications; (b) Capital investment proposed; (c) Experience in services being offered; (d) Experience of management personnel; (e) Proposed services and products; and (f) Financial ability. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0055 Access Permits Effective August 15, 2001, the date of approval of the Leasing Policy for Commercial Property by the State Aviation Board, the Department shall not issue any new access permits until all State-owned airport property has been developed, except at those airports where access permits already exist. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0060 Leasing Application for Non-Commercial Aeronautical Activities (1) To obtain a non-commercial lease at a State-owned airport, a person shall submit an application to the Department for review, in a form specified by ODA. (2) The application for non-commercial lease shall include: (a) A detailed description of the scope of the proposed development; (b) A description of the means to be employed to accomplish the construction; (c) The legal name of the person applying as prospective Lessee and its business name (if different), as well as address(es) and telephone number(s); (d) The names, addresses, and telephone numbers of all owners, officers and directors; (e) The proposed dates for commencement and completion of the proposed development; (f) Verification that pilot(s) and aircraft comply with State of Oregon Department of Aviation registration requirements (pursuant to ORS 837.020–070); (g) A listing of all applicable FAA Certificates; (h) The number of initial projected aircraft to be stored in the proposed structure; and (i) A layout (to scale) of the size, configuration, and location of the property proposed for occupancy and preliminary drawing(s) of the building(s) and improvements to be constructed, together with identification of vehicle parking areas. Drawings shall be legible and reproducible with clearly defined dimensions. Each drawing shall be not less than 8.5 inches by 11 inches in size and be drawn in permanent media. (3) The Department may request a metes and bounds legal description of lease property boundaries. (4) For proposed agreements to lease existing structures and improvements, application shall include a description of the site, based on ODA records. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02
738-015-0065 Hangar Occupancy Under Leases for Noncommercial Aeronautical Activity (1) All hangars, whether constructed by the Lessee or leased from the Department, shall be used as a base for at least one aircraft registered with the State of Oregon Department of Aviation, or at least one aircraft currently being repaired, modified or constructed. (2) These conditions are met only if: (a) Any aircraft being repaired, modified or constructed shows progress towards an airworthy condition over a twelve-month period; or (b) Lessee does not exceed a period of 180 days without having an aircraft based in the hangar. (3) Upon the above conditions not being met, the Lessee shall: (a) Make arrangements to vacate the lease property; or (b) Transfer ownership to a qualified Lessee who has been approved by the Department, within thirty (30) days of written notice of noncompliance by the Department. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 935.035, 935.040, 835.112 & 836.055 History: AVIA 1-2002, f. & cert. ef. 9-3-02