New Jersey § 6:1-94

§ 6:1-94.

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, 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. 1

N.J.S.A. § 6:1-93.