Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
Department shall review the application for lease for non-commercial
aeronautical activities at a State-owned airport, as well as the financial
responsibility documentation, and determine whether to approve or deny the
application. The decision shall be made in writing to the prospective
Lessee.
(2) The Department may deny
any prospective Lessee's application if it is determined that:
(a) The proposed construction would create a
safety hazard at the airport or the surrounding community;
(b) The prospective Lessee, for any reason,
does not meet the qualifications, standards, and requirements of the Department
or exhibit adequate financial responsibility or capability to undertake and
complete the proposed construction (the burden of proof shall be on the
applicant and the standard of proof shall be by clear and convincing
evidence);
(c) The granting of the
lease application will require the Department to expend funds, or supply labor
or materials in connection with the proposed activity and/or construction, or
will result in a financial loss (or hardship) for the airport;
(d) No appropriate, adequate, or available
site or building(s) exist(s) to accommodate the needs of the prospective Lessee
as presented in the lease application, nor is such contemplated within a
reasonable time frame;
(e) The
proposed development does not comply with the Airport Master Plan and/or
Airport Layout Plan in effect at that time, or those plans anticipated to be in
effect within the time frame proposed by the prospective Lessee;
(f) The development or use of the area
requested by the prospective Lessee is likely to result in congestion of
aircraft or airport buildings, or will unduly interfere with operations or
activities of any present Lessee on the airport, and/or will prevent adequate
access to the assigned lease area of any present Lessee;
(g) The prospective Lessee has failed to make
full disclosure, or has misrepresented or omitted material facts in the
application or in supporting documents;
(h) The prospective Lessee, or a principal of
the prospective Lessee, has a record of violating the rules, regulations,
statutes, ordinances, laws or orders of any airport, or any civil air
regulations, FAA regulations or any other rules, regulations, statues,
ordinances, laws or orders applicable to airports;
(i) The prospective Lessee, or a principal of
the prospective Lessee, has defaulted in the performance of any other agreement
with the State;
(j) The prospective
Lessee cannot or will not provide a performance bond or applicable insurance in
the amounts and type required by the Department for the proposed development;
or
(k) It is determined that the
prospective Lessee's proposed development, activities and/or operations could
be detrimental in any way whatsoever to the airport.
(3) The prospective lessee is responsible for
providing any required infrastructure to support their proposed use of the
site, at the lessee's expense. The prospective lessee shall provide to ODA,
prior to any construction, occupancy or use of the site written confirmation
that all required services have been or will be installed (power, water, fire
suppression, sewer, etc). Services must comply with local government and ODA
requirements.
Stat. Auth.: ORS
835.035,
835.040 &
835.112
Stats. Implemented: ORS 935.035, 935.040,
835.112 &
836.055
