6:1-94 - Qualifications for assistance from airport safety fund; factors considered in granting application for assistance;  certification requirements

6:1-94.  Qualifications for assistance from airport safety fund; factors considered in granting application for assistance;  certification requirements
    Any airport, to qualify under the provisions of section 9 of this act, ^1^ shall not be an international airport, either by classification or service characteristics, as determined by the Commissioner of Transportation, and shall  be included in the New Jersey State Airport System Plan, as prepared or revised  from time to time by the department.

    In considering an application for financial assistance, the commissioner shall consider, in addition to the requirements of eligibility under the provisions of this act and other eligibility criteria that the commissioner may  promulgate by rule to effectuate the purposes of section 9 of this act, ^1^  the scope and cost of the improvement required, availability of local funds for  airport development, the capture of federal funds, the relative value of that  improvement to the other needs of the particular airport, the present and  future public service levels in regard to operations, based aircraft, passenger  service, freight service, Statewide distribution of services, and local and  State economic development, the impact on the area surrounding the airport, the extent to which the improvement will contribute to the welfare of the citizens  of the State and the local area, and the relative value to the State airport  system as a whole.

    The commissioner shall also establish certification requirements to ensure that:

    a.  The airport will be owned or effectively controlled, operated, repaired  and maintained adequately during the improvement's full useful life, for the  benefit of the public;

    b.  In connection with the operation of the airport, during the improvement's full useful life, the public will not be deprived of its rightful, fair, equal and uniform use of the airport;

    c.  The airport will adhere to State and federal laws and regulations. If an airport received financial assistance under section 9 of this act and ceases  operations or fails to continue to comply with the provisions of this section  before the predetermined life of the financially assisted improvements, as such  life is determined by the commissioner at the time the financial assistance is  granted, the State shall be reimbursed for the unused portion of such  predetermined life and, if not fully reimbursed, the claim shall be a first  lien on the airport property to the extent of the unpaid balance;  and

    d.  If a county or municipality or other public body received financial assistance under section 9 of this act for acquisition of real property, that property shall not be sold or used for any nonaviation purpose without the approval of the commissioner.

     L.1983, c. 264, s. 10.