HomeMy Public PortalAbout1999_06_08_O016The Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED June 8, 1999
99-0-16 ADOPTED June 8, 1999
AMENDING CHAPTER 2.1 OF THE TOWN CODE
WHEREAS, the Leesburg Airport Commission has reviewed Chapter 2.1 of the Town
Code pertaining to the Airport; and
WHEREAS, the Airport Commission has recommended changes to Chapter 2.1 of the
Town Code; and
WHEREAS, a public heating was held on April 13, 1999 to solicit public comments.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Chapter 2.1, of the Town Code is amended as follows:
Sec. 2.1-2. Airport commission created.
The Leesburg Airport Commission is hereby established. The commission shall consist
of eight members who shall be residents of the town and be appointed by the town council. An
appointment to fill a vacancy shall be for the unexpired term. The council shall also appoint one of its
members to the commission who shall be a non-voting member of the commission and whose term of
office shall correspond to the official tenure of office as council member. Three members' terms shall
expire on June 30, 1996, and four members' terms shall expire on June 30, 1997. Thereafter, members
shall serve two-year terms.
The commission shall elect its chairperson and vice-person annually and may elect one of its
members as its secretary. The commission shall meet monthly or as determined by the commission. The
chairperson is required to report any attendance problems to the town council, which has the authority to
require a member to resign if the said member is absent from three consecutive, regular meetings.
The commission shall create the following three standing sub-committees: Finance, Operations
and Economic Development. Each sub-committee will be chaired by a member of the airport
commission. The finance committee shall consist of three members of the airport commission. The
operations and economic development committees will be structured as determined by the chairman of
the respective committee. Members of the operations and economic development committees do not
have to be residents of the town.
Sec. 2.1-3. Commission duties
The intention of the following section is to empower the commission with sufficient policy-
making authority commensurate with responsibility for acquisition, construction, improvement,
2
maintenance and operation of the airport. It is further the intention of this section to provide that all
requests for services, leases and proposals for the airport developments are to be originated with the
commission, or as directed by the commission, and referred with the commission's recommendations to
council if necessary. The commission shall have such duties and is empowered to:
(a) Maintain a continuous oversight and review of the airport rules and regulations and
director's administration and make recommendations from time to time to the council for
proposed amendment of the airport rules and regulations and to the director for the effective
and efficient administration of the airport rules and regulations.
(b) Prepare and maintain a capital improvement plan for development of the airport.
(c) Adopt rules governing operations at the airport as are necessary and appropriate.
(d) Adopt roles governing the conduct of its business and meetings.
(e) Review and make recommendations to the council of proposed annual budgets for airport
improvements and operations.
(f) Make recommendations to the council on development and utilization of land and
commercial operations at the airport, including leases thereof.
(g) Perform such duties and have such powers as prescribed by the airport rules and regulations.
(h) Make such reports on airport matters to the council as it deems necessary and appropriate.
(i) Establish rates of charge for services provided by the department, such as aircraft tie-down,
hangar and other rents, fuel and lubricant charges and landing fees.
(j) Maintain liaison with county offices to promote implementation of appropriate land use
controls affecting the airport.
(k) Initiate timely actions with both the Federal Aviation Administration, Virginia Department of
Aviation and State Corporation Commission, divisions of aeronautics to provide priority
support to proposed improvement or expansion of the airport.
(1) Conduct public surveys and meetings, as appropriate, to aid in planning improvements and
acquiring public support of the airport.
Sec. 2.1-4 Office of the airport director
The office of airport director is created to be appointed in accordance with the charter. The
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by the town manager, commission and the airport rules and regulations. The director is responsible for
the safe efficient day to day operations of the airport.
Sec. 2.1-5 Airport rules and regulations
The council shall adopt rules and regulations and minimum standards regarding the
management, government and use of the Leesburg Municipal Airport by separate resolution and when
adopted no person shall violate any rule or regulation
Sec. 2.1-6 Fixed base operator license fees.
(a) Before any person is issued a fixed base operator's license under chapter III, section 12, of
the Airport Rules and Regulations, he shall pay to the town all of the fees as established
herein. Fees collected shall be credited to the airport fund in the accounts of the town and
used exclusively to pay the cost of operating the airport and making improvements to it for
the benefit of the f:.xcd ~agc zpcratc, ra and c, thcr users of the airport.
(b) All license fees imposed by this section, except as herein otherwise provided, shall become
due and payable on or before July first of each license year (July first to June thirtieth of
each fiscal year). Where a fixed base operator begins licensed operations after July first of a
license year, such fee shall be paid at the time the license application is approved by the
airport commission. All fees that are paid after the date due are subject to a late fee of
ten(10%) percent of the amount owed and ten (10%) percent per annum interest payment
until paid in full. Fees for first-year operations shall be based on estimates of gross receipts
from operations in accordance with the formula provided in sections 17-29(a)(1) and 17-
29(a)(2) of the Town Code and adjusted after the close of the fiscal year for actual receipts.
The director of finance shall assess or refund the erroneous amount to the fixed base
operator, as appropriate.
(c) The airport commission may waive any license fees established herein for any government or
governmental agency or department or person performing nonprofit public services to the
aircraft industry, or performing air search and rescue operations, or performing fire
prevention or fire-fighting operations.
(d) Every person who is conducting, operating or engaging any of the following services shall
pay to the town all of the fees hereinafter provided:
(1) Aircraft sales. For each aircraft sales license, $20.00 plus 0.25 percent of the licensee's
gross receipts from aircraft sales.
(2) Parts and accessories sales. For each parts and accessories sales license, $20.00 plus one
percent of licensee' s gross receipts from parts and accessories sales.
(3) Charter operations, etc. For each charter operations license, which includes without
limitations, passenger or "air taxi" freight or delivery, photography, aerial survey,
agriculture spraying, $20.00 plus one percent of the licensee's gross receipts from such
operations
(4) Aircraft rental. For each aircraft rental license, $20.00 plus one percent of the licensee' s
gross receipts from the aircraft rental.
(5) Flight instructions or ground schools. For each flight instruction or ground school license,
$20.00 plus one percent of the licensee' s gross receipts from flight instruction or ground
schooling.
(6) Maintenance services. For each maintenance service license, $20.00 plus one percent of
the licensee's gross receipts from maintenance services.
(7) Line Services. For each lines services license, $20.00 plus one percent of the licensee's
gross receipts for line services.
(8) Aircraft storage. For each aircraft storage license, $2.00 $5.00 per month for each
occupied outdoor aircraft storage space and $2.00 $5.00 per month for each occupied
inside aircraft storage space.
Sec. 2.1-7 Definition of "based aircraft"
A "based aircraft" for the purpose of this section, is one that is normally housed, hangared,
tied down, or otherwise sited on airport property for over 60 days in any 12 month period.
Sec. 2.1-8 Airport user fees
Any aircraft "based" at the Leesburg Municipal Airport during any part of the previous calendar
year shall pay an annual airport user fee. The user fee shall be established by multiplying the gross
aircraft weight, as found in the Aircraft Bluebook, by $0.035. Jet Aircraft shall pay a flat fee in
accordance with their gross takeoff weight.
(1) $600.00
(2) $1,200.00
(3) $i,800.00
20,000 lbs or less
greater than 20,000 lbs up to and including 40,000 lbs
greater than 40,000 lbs
The user fee shall become due and payable by February 28 of each calendar year. All airport
user fees that are paid after the date due are subject to a late fee often percent (10%) of the amount due
and ten percent (10%) per annum interest penalty.
Sec. 2.1-9 Aircraft Registration
Any person who bases an aircraft at the Leesburg Municipal Airport shall register that aircraft
with the Airport Director within 30 days of arriving. The registration form shall be in a format approved
by the Airport Commission. At a minimum, the form shall include: the aircraft FAA registration
number, gross weight, color, number of engines, owner's name, phone number and address.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. This ordinance shall be effective upon passage.
PASSED this 8th day of June, 1999.
mes E. Clem, Mayor
Town of Leesburg
ATTEST:
~lerk of Council