The following terms, as used in these rules and regulations, shall have
the following meanings:
AIRCRAFT
Includes any contrivance now known, or hereafter invented, used or
designed for navigation of or flight in the air, to include ultralights and
power gliders.
FUEL HANDLING
The transporting, delivering and fueling of aviation, vehicle or
heating fuels.
FUEL STORAGE AREA
Includes those portions of the Airport designated temporarily or
permanently by the Orange Airport Commission as areas in which gasoline or
any other type of fuel may be stored, including but not limited to gasoline
tank farms and bulkheads, at which fuel is located.
GROUND SUPPORT EQUIPMENT
Automotive vehicles, mobile equipment, omnibuses, tank vehicles,
refueling service vehicles, and mobile refueling stations and any other equipment
used to service aircraft.
JET AIRCRAFT
Turbine-powered aircraft which are not propeller driven.
MANAGER
The Airport Manager or the Assistant Airport Manager.
OPERATIONAL AREA
Any place on the airport normally used for operation of aircraft.
PUBLIC RAMP AND APRON AREA
Includes those portions of the airport designated and made available
by the Airport Commission to the public for the loading and unloading of cargo
and/or passengers.
PUBLIC VEHICULAR PARKING AREA
Includes those portions of the airport designated and made available
by the Airport Commission to the public for the parking of vehicles.
TURBO-PROP AIRCRAFT
Includes any and all aircraft which accomplish motion by means of
a jet engine having a turbine-driven propeller.
VEHICLE
Includes automobiles, trucks, buses, motorcycles, bicycles, mini-bikes,
trail bikes and any other device in or upon which any person or property is
or may be transported.
All commercial-type operations shall secure public liability and property
damage insurance, and said insurance shall remain in full force and effect
during the term of said lease, and the insurance shall indemnify the Orange
Airport Commission against any and all liability for death, injury, loss or
damage against which said commercial operator or lessee has elsewhere in this
agreement undertaken to save and hold the Orange Airport Commission and the
Town of Orange harmless. Such insurance policies shall be filed with the Orange
Airport Commission, and shall be an adequate amount to cover any and all losses
and that such amount shall be approved by the Orange Airport Commission, and
that said amounts may be revised from time to time. If, for any reason, any
insurance is cancelled, the Orange Airport Commission shall be notified within
10 days of such cancellation.
A reasonable landing fee for all commercial or private aircraft may
be established by the Orange Airport Commission if, in the opinion of the
Commission, such landing fees are necessary for the operation and maintenance
of the Airport.
Prohibited uses include primary uses, including:
SIC Groups
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Description
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Exceptions
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01 to 09, Division A
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Agriculture, Forestry and Fisheries
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10 to 14, Division B
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Mining
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15 to 17, Division C
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Contract Construction
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Offices or headquarters of such firms shall be allowed.
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52 to 59
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Retail Trade Operations
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Sales of aircraft and aviation accessories and supplies shall be allowed.
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Any purchaser, lessee or sublessee of property subject to these covenants,
or facilities thereon, is in full knowledge that such property is subject
to aviation noise from aircraft overflights, takeoffs and landings and shall
de facto admit that such aircraft noise is normal and expected. This de-facto
admission of such "aircraft noise easement" shall be expected to help prevent
complaint or action to abate such normal and regular aircraft noise.
All tenants will be required to file with appropriate authorities a
Certificate of Nonrelocation form ED-S01A, U.S. Department of Commerce Economic
Development Administration. Further, all tenants will be required to submit,
as a condition of tenancy into the Orange Airpark, ED Form 612, as well as
Equivalency Form ED 612, 501A and 503.
No billboards or advertising signs, other than those identifying the
name, business or products of the person or firm occupying the premises, shall
be permitted.
A. Signs attached to or on a wall shall not exceed 25% of
the total wall space and shall not project more than five feet above the parapet
or roof line.
B. Any freestanding sign shall not exceed 15 feet in height,
shall not be within 25 feet of a tree, and shall not have a surface area of
more than 100 feet on any one face.
C. Signs shall not include any visible moving parts or flashing
mechanisms and shall be, if lit, so lit as to not cause any reflection or
glare which may interfere with aircraft flight operations.
D. Signs shall comply with all state and local statutes
and regulations concerning billboards, signs, and commercial advertising.
Where said state and local regulations are more restrictive than this covenant,
the state and local statutes and regulations shall govern.
E. No sign, fence, wall, hedge or shrub planting which obstructs
site lines at elevations between two and six feet above the roadway shall
be placed or permitted to remain on any corner lot within the triangular area
formed by the street property lines and a line connecting them as points 25
feet from the intersection of the street and property lines extended. The
same site limitations shall apply on any lot within 10 feet of the intersection
of a street property line with the edge of a driveway or alley pavement. No
tree shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction
of such site lines.
Enforcement shall be by proceedings in law or in equity against any
person violating or attempting to violate any covenant herein, either to restrain
violation or to recover damages and at the cost and expense (including reasonable
attorney fees) of the party violating or attempting to violate the same. Both
the Town of Orange, through the Selectmen, or any owner or occupier of property
in the Airpark shall have the right to take any and all legal steps necessary
to enforce the above covenants.
The lessees or sublessee of the premises herein described or any part
thereof shall not further sublease such property or any part thereof, without
the expressed written consent in advance by the Board of Selectmen, its successor
or agent.
Owners shall have three years from the date of purchase to complete
commercial facilities as said facilities were approved by the Board of Selectmen,
Town of Orange. If actual construction is not completed with the prescribed
three-year period, the Town of Orange may, at its option, vote to repurchase
the property for the original purchase price plus the value of improvements.
The value of improvements shall be determined by a panel of three appraisers.
The Town of Orange and owner shall each choose an appraiser, who together
shall choose a third appraiser whose decision as to the value of the improvements
shall be binding on both parties. Within 30 days of reacquisition of the property
by the Town of Orange, the Town of Orange shall offer the property and improvements
to any first mortgage holder at the price paid by the Town. The first mortgage
holder will have 30 days to accept or reject the offer. The Town of Orange
shall not permit resale or subdivision until construction of the approved
facility is completed.