[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer County as Ch. 6.01 of the 2003 Mercer County Code (Ord. No. 90-1; amended in its entirety by Ord. No. 92-16). Subsequent amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code of Mercer County has been amended to delete the term “Board of Chosen Freeholders” and replace it with the term “Board of County Commissioners.” In addition, the terms “Freeholder” and “Chosen Freeholder” have been deleted and replaced by the term “County Commissioner.”]
These standards shall apply to all operators offering any of the services enumerated in this chapter to the general public or to others using Trenton-Mercer Airport.
These standards shall not apply to governmental agencies or to corporations who do not offer use of facilities or services to others or to operators currently offering any of the services enumerated in this chapter under agreements predating the adoption of these standards. Individual corporate hangar owner/operators may not provide fixed base operator services to the public.
Two categories of fixed base operator (FBO) are established. The distinction between these two categories is based upon the scope of services provided as set forth in this chapter.
All buildings, structures and improvements must comply with appropriate codes and regulations and all plans must be approved by the County.
Prior to commencement of any construction or operation, the prospective operator will be required to enter into a written agreement with the County which will recite the terms and conditions under which the FBO or limited FBO may operate at the airport. These minimum standards do not contain all of the requirements which may be included in such lease, and compliance with these minimum standards does not grant any right to operate at the airport. The County may negotiate leases in accordance with the County's goals for development of the airport, and may include additional requirements of airport lease, or limit the services that may be provided. All requirements of governmental agencies will be included in all leases, and all leases must be nonexclusive.
Mercer County will require each operator proposing to lease land to submit a detailed proposal including, but not limited to, the following:
A. 
A business plan detailing type(s) of activities proposed;
B. 
Building and site plans;
C. 
Financial data;
D. 
Sources of capital and operating funds;
E. 
Business and financial references;
F. 
Disclosure of statement principals.
All leases shall be net maintenance, taxes and utilities. All improvements shall be made by tenant.
Insurance requirements shall be as specified by the County.
A. 
Full-service fixed base operators must provide:
(1) 
Aircraft parking, tie down, hangar storage;
(2) 
Aircraft fuel and oil (jet and AVGAS);
(3) 
Aircraft, power plant and accessory repairs;
(4) 
Radio and instrument repairs.
B. 
Full-service fixed base operators may provide:
(1) 
Aircraft sales, new and used;
(2) 
Flight training;
(3) 
Aircraft taxi and charter service;
(4) 
Sale of aviation-related products;
(5) 
Aircraft engine overhaul service;
(6) 
Aircraft painting;
(7) 
Aircraft interior refurbishing;
(8) 
Major airframe modifications;
(9) 
Other aeronautical services as may from time to time be identified and approved by the County.
C. 
Full-service fixed base operators may not provide:
(1) 
Ground transportation for hire;
(2) 
Sale of non-aviation-related products, except food and beverage through vending machines;
(3) 
Automotive parts, fuel and automotive maintenance for others.
D. 
Hours of operation. Staffing must be provided 16 hours, seven days weekly or additional hours as required to adequately meet public demand.
E. 
Minimum site size is 10 acres.
F. 
Minimum building size is 20,000 square feet of hangar/office/shop.
G. 
Sublessees. Any of the above services may be provided by subleases, subject to prior approval of the County, and subject to the terms of the agreement between the County and the FBO.
A. 
Limited-service fixed base operators may provide one or more of the following:
(1) 
Aircraft parking and hangar storage, including selling aircraft fuel to bona fide tenants leasing interior hangar space only for terms in excess of 30 days;
(2) 
Aircraft sales, new and used;
(3) 
Flight training, air taxi, charter service;
(4) 
Aircraft radio and instrument repair station;
(5) 
Aircraft engine overhaul service;
(6) 
Aircraft painting;
(7) 
Aircraft interior refurbishing;
(8) 
Major airframe modifications.
B. 
Limited-service fixed base operators may not provide:
(1) 
Aircraft fuel, except to bona fide tenants leasing interior hangar space only for terms in excess of 30 days;
(2) 
Ground transportation for hire;
(3) 
Sale of non-aviation-related products, except food and beverage through vending machines;
(4) 
Automotive parts, fuel and automotive maintenance for others.
C. 
Site sizes: minimum of five acres. A lease of less than five acres may be negotiated depending on availability of land and the anticipated benefit to the County of such lesser leasehold.
D. 
Minimum building size is 10,000 square feet of hangar/office/shop. Less than 10,000 square feet may be negotiated for limited services FBOs reasonably requiring less square footage depending on the anticipated benefit to the County.