Guidebook for Through-the-Fence Operations (2014)

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ACRP Report 114: Guidebook for Through-The-Fence Operations120 CHAPTER SEVEN MANAGING TTF OPERATIONS 7.1 Introduction 7.2 Airport Sponsor Regulatory Measures 7.3 Primary Planning Documents 7.4 Primary Management and Compliance Documents 7.5 Airport Operations 7.6 Education and Enforcement 7.7 Wrap-Up 7.1 INTRODUCTION Once TTF operations have been properly assessed (discussed in Chapter 5: Assessing TTF Operations) and a policy, application, rents and fees, and agreement for permitted TTF operations have been developed and implemented (discussed in Chapter 6: Structuring TTF Operations), airport management and policymakers need to manage the TTF operations taking place at the airport. This includes: developing (or modifying), implementing, and enforcing airport sponsor regulatory measures (e.g., zoning codes and building codes) and specific policies, standards, rules, and regulations (i.e., development standards) to manage the development of infrastructure and/or improvements associated with TTF operations; incorporating TTF operations into the airport’s primary planning documents (e.g., airport strategic business plan, airport master plan, ALP, etc.); and developing (or modifying), implementing, and enforcing other specific policies, standards, rules, and regulations (i.e., primary management and compliance documents such as leasing/rents and fees policies, minimum standards, and rules and regulations) to manage TTF activities and TTF access. After the airport planning, management, and compliance tools discussed in Chapter 4: Airport Planning, Management, and Compliance Tools have been developed (or modified) and implemented, airport management and policymakers should focus on educating TTF entities and enforcing the ordinances, policies, standards, rules, and regulations that have been established for TTF operations. This chapter is predicated upon the assumption that an airport sponsor has established a policy permitting and/or restricting TTF operations and the TTF agreement permits enforcement of the airport sponsor’s policies, standards, rules, and regulations. As such, this chapter discusses the best practices that airport management and policymakers can utilize to manage TTF operations at a federally obligated airport.

121 ACRP Report 114: Guidebook for Through-The-Fence Operations 7.2 AIRPORT SPONSOR REGULATORY MEASURES Airport management and policymakers should work closely with the authority that establishes and enforces zoning and building codes (if different from the airport sponsor) to ensure that the use and development of TTF property is addressed in the codes. As it relates specifically to TTF operations, the following elements should be considered for inclusion in the codes: Zoning districts for land that can be utilized for TTF operations Permitted types of TTF activities Height restrictions Outdoor lighting requirements Signage and landscaping requirements Parking and loading/unloading requirements After zoning and building codes have been developed (or modified) and implemented to address TTF operations, airport management and policymakers should focus on educating the TTF entity about the code requirements and supporting the agency having responsibility for enforcing the codes. 7.3 PRIMARY PLANNING DOCUMENTS AIRPORT STRATEGIC BUSINESS PLAN The assessment of TTF operations (discussed in Chapter 5: Assessing TTF Operations) will help identify the impact that TTF operations could have, positive or negative, on realizing the mission and vision for the airport, achieving goals and objectives, and accomplishing action plans. Airport sponsors should update the airport’s strategic business plan to reflect the results of the assessment with careful consideration being given to the airport sponsor’s policy on TTF operations. More specifically, existing goals, objectives, and action plans may need to be modified to incorporate the airport sponsor’s TTF operations policy and/or new goals, objectives, and action plans may need to be developed. AIRPORT MASTER PLAN/LAYOUT PLAN Airport management and policymakers should ensure that the airport master plan accounts for the developmental and operational impacts associated with existing and/or future TTF operations (identified during the assessment of TTF operations) and that the plan identifies the specific properties (located adjacent to the airport) that could be used for TTF operations. Additionally, the specific properties that are (or could be) used for TTF operations, existing and potential TTF access points, and associated airside infrastructure should be identified on the ALP. By doing so, airport management and policymakers can protect on-airport land, infrastructure, and/or improvements that may be needed to facilitate TTF access in the future. When incorporating TTF operations into an airport master plan and/or ALP, airport management and policymakers are encouraged to remain focused on the “big picture” or “the grand scheme of things.” This was a common theme expressed during the interviews conducted as part of the research for this guidebook. However, this does not mean that the ability of an airport to accommodate TTF operations should be eliminated, just that the focus or the priority should be on-airport. This is especially relevant if an airport sponsor is considering selling airport land to accommodate a TTF operation. Based on the interviews, such action was being contemplated by several airport sponsors.

ACRP Report 114: Guidebook for Through-The-Fence Operations122 In essence, airport management and policymakers should focus on developing on-airport land “first” (i.e., should make this a priority), creating an environment on-airport that is conducive to success (i.e., that helps on-airport operators engaged in commercial aeronautical activities be successful), and maintaining flexibility for future airport expansion and development while complying with the federal and state obligations including striving to be as financially self-sustaining as possible given the circumstances that exist. Based on the interviews, some existing TTF properties and associated improvements are located in areas that are ideally suited for future on-airport expansion and development. For example, an existing TTF property at Philadelphia International Airport is located where a future runway is now being considered. This property was previously sold by the airport sponsor to the existing TTF entity. To help mitigate or eliminate interference with airport development and operations, another theme that was expressed during the interviews by airport sponsors who have had little, if any, conflict relating to airport master planning is that coordination between TTF entities and local municipalities relating to the development of the landside infrastructure associated with TTF properties (e.g., roadways, water, sewer, etc.) is imperative. Additionally, based on the interviews, generally, it appears that TTF entities are desirous of participating in the master planning process as much, if not more, than on-airport entities. 7.4 PRIMARY MANAGEMENT AND COMPLIANCE DOCUMENTS As discussed in Chapter 4: Airport Planning, Management, and Compliance Tools, the development (or updating), implementation, and enforcement of airport policies, standards, rules, and regulations (i.e., primary management and compliance documents) is the most common approach utilized by airport sponsors to manage the activities taking place on-airport. These documents can also be used to manage the TTF activities taking place on TTF property and the associated TTF access. As such, airport management and policymakers should ensure that TTF operations are addressed in airport policies, standards, rules, and regulations (i.e., primary management and compliance documents). Based on the interviews, when these documents are being developed and/or updated to address TTF operations, airport management and policymakers should: (1) communicate with airport stakeholders (i.e., what type of TTF operation is being contemplated, where, when, why, and how), (2) follow a structured and open process, and (3) provide the opportunity for stakeholders to review and comment. MINIMUM STANDARDS While an airport sponsor may adopt a policy that permits TTF operations, the sponsor can prohibit commercial aeronautical TTF activities. This approach is consistent with FAA guidance. sponsors may adopt a separate minimum standards document (or dedicate a specific section in an existing document) for engaging in commercial aeronautical TTF activities, it is not necessary to do so. Regardless of the approach utilized, standards for TTF activities should be consistent with the standards established for on-airport FBOs and SASOs. If the TTF policy permits commercial aeronautical TTF activities, minimum standards should be used to establish the minimum qualifications and requirements that must be met as a condition for the right to conduct a commercial aeronautical activity. While airport

123 ACRP Report 114: Guidebook for Through-The-Fence Operations Minimum standards typically address the following areas for each type of commercial aeronautical activity: scope of activities fuel storage and refueling vehicles (for FBOs) leased premises (land and improvements) aircraft, vehicles, and equipment hours of activity employees licenses and certificates insurance As with on-airport FBOs and SASOs, any entity conducting commercial aeronautical TTF activities should have a revocable permit for the activity and it should be separate from the TTF agreement. RULES AND REGULATIONS This primary management and compliance document sets forth the rules and regulations to ensure the safety, utility, and efficiency of the airport for the benefit of the public. In addition to being applicable to aircraft and vehicle operations, operators and tenants must comply with rules and regulations including any provisions relating to fueling activities, fuel storage, and refueling vehicles. While airport sponsors may adopt a separate rules and regulations document (or dedicate a specific section in an existing document) for TTF operations, it is not necessary to do so. However, the rules and regulations for of the approach utilized, the rules and regulations for TTF operations should be enforced in the same manner as on-airport operations. Within this context, TTF operations can pose some unique issues that should be addressed in rules and regulations, as follows: Use of TTF access points – should be strictly limited to those entities having a TTF agreement with the airport sponsor. A TTF access point should not be an open door to other entities that have not been granted TTF access. Further, the use of TTF access points should be limited to aircraft – vehicles and pedestrians should not be permitted to use TTF access points. However, there may be situations and/or circumstances in which exceptions may be approved by the airport sponsor. TTF access point control devices – can be utilized to control and/or monitor TTF access activities. Such devices need to be used properly by TTF entities and not tampered with (or defeated). Use of taxiway/taxilane to TTF access points – should be strictly limited to aeronautical purposes. Unfortunately, taxiways and taxilanes on TTF property have been utilized by TTF entities for a variety of non-aeronautical purposes (e.g., walking, running, bike riding, roller blading, skateboarding, etc.). Aircraft parking and staging on taxiway/taxilane to TTF access points – should not be allowed to prevent the blocking of access to a TTF access point for an extended period of time. This can pose a significant problem when a single TTF access point is being utilized by multiple TTF entities (i.e., where there is only one way in and/or one way out of a TTF property). maximum wingspan and MTOW. Self-service – permissions, restrictions, and/or prohibitions relating to aircraft fueling, maintenance, and/or other self-service activities should be stipulated. While the right to engage in self-service activities (subject to the requirements established by the airport sponsor) is granted to on-airport entities under the Airport Sponsor Assurances, TTF entities do not have the same right. Therefore, an airport sponsor could prohibit all self-service activities on TTF property. Transient aircraft use of TTF access points – should require the TTF entity to obtain the prior approval of the airport sponsor unless otherwise agreed and stipulated in the TTF agreement. A request for approval should identify the TTF entity, the TTF access point, and the aircraft make, model, and registration number as well as arrival and departure dates and times. TTF operations are typically consistent with the rules and regulations for on-airport operations. Regardless Aircraft wingspan and weight – should be limited to aircraft using TTF access points to a specified

ACRP Report 114: Guidebook for Through-The-Fence Operations124 DEVELOPMENT STANDARDS This primary management and compliance document sets forth the parameters and standards governing the design, development (construction), and/or modifications of infrastructure and/or improvements on-airport. While airport sponsors may adopt separate development standards (or dedicate a specific section in an existing document) for TTF properties, it is not necessary to do so. Regardless of the approach utilized, standards for the development of TTF properties should be consistent with the standards for the development of on-airport property. This will help ensure that the type of infrastructure and/or improvements developed on TTF property will be consistent with the type of infrastructure and/or improvements developed on-airport. However, TTF operations can pose some unique development issues that should be addressed in development standards, as follows: TTF access points – development standards should specify the type, dimensions, and materials for the fencing, gates, control devices, lighting, pavement, markings, signage, and landscaping associated with the TTF operation. • When possible, the number of TTF access points should be limited. Based on the interviews, airports with multiple TTF access points had more issues relating to safety and/or security and more problems involving access controls. • Unless vehicles and pedestrians are permitted to use TTF access points, signage should be placed, at TTF entity’s cost and expense, at each TTF access point that states “no motor vehicles or pedestrians allowed beyond this point.” • Airports under the jurisdiction of the TSA should coordinate closely with the agency to assure fencing, gates, and control devices satisfy the requirements of the TSA. Taxiways and taxilanes – development standards should specify the type, dimensions, and materials for lighting, pavement, markings, signage, and landscaping associated with the TTF operation. • Taxiways/taxilanes from a TTF access point should be designed to connect to a parallel taxiway versus a runway (with exception of the approach or departure ends of a runway). • At the TTF access point, taxiways/taxilanes should be marked with non-movement lines (instead of hold bars) to define separation. Vehicle roadways – on TTF property should be designed and constructed to ensure separation between aircraft and vehicle operations. Stormwater systems – on TTF property should be designed and constructed so that stormwater is retained on the TTF property and not allowed to flow onto airport property or the property of others. Improvements – on TTF property should not abut the property line of the airport. Further, the improvements should be designed and constructed based on proper setbacks. This will help ensure that the usefulness of the improvements will not be adversely impacted if TTF access is terminated or prohibited in the future. Fencing – should be developed to prevent non-aeronautical activities from occurring in the aircraft movement areas of the TTF property and/or beyond the TTF access points (i.e., on the airport) and comply with applicable TSA requirements. Wildlife attractants – including water detention ponds, gardens, composting, and other wildlife attractants should be strictly prohibited on TTF property.

125 ACRP Report 114: Guidebook for Through-The-Fence Operations OTHER MANAGEMENT AND COMPLIANCE DOCUMENTS Airport Certification Manual Security Plan Safety Management Plan Sustainability Management Plan Wildlife Management Plan Emergency (Preparedness/Response) Plan Irregular Operations Plan Environmental Management Plan (including Stormwater Management Plan/Stormwater Pollution Prevention Plan) Noise Abatement Plan Pavement Maintenance/Repair Program (including a Foreign Object Debris (FOD) Control Program) Snow Removal/Mowing Plan 7.5 AIRPORT OPERATIONS TTF ACCESS While the potential layouts for connecting TTF property with airport infrastructure are diverse and there are many approaches that can be utilized to facilitate TTF access, all the approaches share common characteristics, regardless of the type of TTF activity. The layout and physical linkage to an airport taxiway system is one of the most important factors in establishing and maintaining effective operational control. One of the best methods for managing TTF access is to install a gate in the airport perimeter fence that is large enough to facilitate aircraft access. A variety of access control technologies exist for controlling gate operations. The type of access control technology employed is typically tied to the legal requirements stipulated in the TTF agreement with consideration being given to permitting/not permitting transient aircraft passage. When the requirements are less restrictive, a “universal” gate operator technology can be used to permit based and transient aircraft passage. Such a system can be activated using technology similar to pilot-controlled lighting or a coded “garage door opener” with manual override capability. When TTF access is limited to permitted aircraft only, more sophisticated access control technologies can be employed to ensure that the TTF access gate can only be opened by the owners/operators of permitted aircraft. Some TTF operations may have direct access to the airport taxiway system. Not having an aircraft access gate can be beneficial to the TTF entity as this arrangement eliminates the possibility of an aircraft owner/operator not being able to access the airport or the TTF property if a gate malfunctions. While convenient, with “non- gated” TTF access, any aircraft owner/operator could gain access to the property which could be problematic for the airport sponsor from a legal, financial, safety, and security standpoint. As discussed previously, the FAA has stated that TTF access points should not provide direct access to a runway. Therefore, a midfield taxiway from a TTF property would not meet FAA requirements. Further, it is important to note that AIP funds cannot be used to fund a parallel taxiway that only benefits a TTF operation. Airport management and policymakers should carefully review each of the other management and compliance documents for the airport to ensure that any impacts associated with TTF operations identified during the assessment process (discussed in Chapter 5: Assessing TTF Operations) are addressed (i.e., that the documents are modified accordingly). This review should encompass each of the following documents:

ACRP Report 114: Guidebook for Through-The-Fence Operations126 SAFETY AND SECURITY The introduction of aircraft to an airport’s airside infrastructure from TTF property creates safety and security risks and possible liability exposure for an airport sponsor. The nature and extent of the inherent risk exposure is dependent on a number of factors including a state’s sovereign immunity statutes and the actions or inactions of the airport sponsor as it relates to assessing, managing, and/or mitigating the risks associated with TTF operations. Ensuring that aircraft can safely and securely access the airport’s taxiway system from TTF property and vice versa without compromising airport safety, utility, and efficiency is essential if TTF operations are going to be permitted. Other than prohibiting TTF operations altogether, the second most secure method to maintain airport perimeter security, while permitting TTF operations, is to maintain a perimeter fence and a TTF access security gate. As discussed previously, “non-gated” TTF access can create undesirable safety and security risks and possible liability exposure for an airport sponsor. Another method that could be effective is requiring an access control perimeter around the TTF properties to prevent unauthorized access to the AOA. Maintaining the safety and security of the taxilanes located on TTF property can, either intentionally or by default, become the responsibility of the airport sponsor, as on-airport safety, utility, and efficiency is often directly impacted by TTF operations. For taxilanes located on TTF property that are considered “common use” (i.e., used by several TTF properties), a “property owners association” can be formed to maintain the safety and security of the taxilanes or one TTF entity can assume this responsibility on behalf of all TTF entities. MAINTENANCE RESPONSIBILITY Airport sponsors should maintain the airport’s land, infrastructure, and improvements, including the TTF access points, up to the property line. This includes mowing, sweeping, and snow removal. TTF entities should be required to maintain the land, infrastructure, and improvements located on the TTF property. If an airport sponsor has unique equipment (i.e., sweepers) and the TTF entity has unique equipment (i.e., heavy machinery to remove snow), each party could agree to provide reciprocal services to (or on behalf of) the other on an as needed basis. In these types of situations, the value of providing such services should be quantified and each party should be properly reimbursed – directly or indirectly. However, if airport equipment is used to maintain non-airport related infrastructure and/or improvements without proper reimbursement of costs or the establishment of an appropriate fee, this could be considered inappropriate use of AIP funded equipment or “revenue diversion” by the FAA. To avoid this situation, an airport manager interviewed for this guidebook made arrangements for the city’s public works department to maintain and sweep the city-owned taxilanes located in the airpark rather than use airport equipment purchased with AIP funds. INCURSIONS Based on the interviews and survey results, airports with TTF operations that separate aircraft, vehicle, and pedestrian traffic report the fewest vehicle incursions onto the airport’s airfield infrastructure. For example, Independence State Airport (Independence, Oregon) requires residential TTF property owners to have vehicle access to residences in the front of the home via public roadways and to have aircraft access to residences in the back of the home via aircraft taxilanes. This ensures aircraft and vehicles do not mix and that vehicles do not mistakenly end up being driven onto airport property. In order to eliminate go-cart racing on city-owned and privately owned-taxiways, the City of Scottsdale and TTF property owners took steps to prevent all vehicle access to the airpark’s taxilanes. Some TTF entities attempt to address this issue by creating a landside gated TTF property. However, visitors, package delivery, and other guests still need to utilize the gate to access the property and unless there is proper signage, pavement markings, gates, and/or fencing to prevent incursion onto the airport, it is likely to continue to occur.

127 ACRP Report 114: Guidebook for Through-The-Fence Operations 7.6 EDUCATION AND ENFORCEMENT EDUCATION Planning, developing, operating, and managing a federally obligated airport is a complex task and permitting TTF operations can make it even more complicated. As such, airport management and policymakers should take appropriate and proactive steps to educate TTF entities and stakeholders regarding the statutes, assurances, policies, and guidance that the airport sponsor must comply with and the primary planning documents and primary management and compliance documents that the airport sponsor has adopted to help maintain compliance and plan, develop, operate, and manage the airport to ensure the safety, utility, and efficiency of the airport for the benefit of the public. Education of TTF entities can be accomplished in many ways including the following: AVAILABILITY OF INFORMATION, DATA, AND/OR DOCUMENTATION Airport management and policymakers should have relevant information, data, and/or documentation available in printed and/or electronic form (e.g., on airport sponsor’s website and/or provide links to external websites), including: federal, state, and local statutes, assurances, policies, and guidance; airport sponsor regulatory measures (e.g., ordinances, zoning codes, building codes, etc.); airport sponsor primary planning documents (e.g., strategic business plan, master plan, ALP, etc.); airport sponsor primary management and compliance documents (e.g., leasing/rents and fees policy, minimum standards, rules and regulations, development standards, etc.); and TTF policy, application, rents and fees, and draft agreement. DISCUSSION OF INFORMATION, DATA, AND/OR DOCUMENTATION Airport management should take advantage of opportunities to discuss relevant information, data, and documentation with prospective and existing TTF entities. This would include the following opportunities: when interest is expressed to obtain TTF access rights, engage in TTF activities, and/or develop infrastructure and/or improvements on TTF property and/or on-airport to facilitate TTF access; when an application for TTF operations is submitted and approved; when a TTF agreement is negotiated, executed, modified, and/or renewed; and when a policy, standard, rule, or regulation is violated by the TTF entity or a user of TTF property. COLLABORATION Airport management and policymakers should invite TTF entities and stakeholders to participate in: the development, review, and/or update of primary planning documents; the development, review, and/or revision of policies, standards, rules, and regulations (i.e., primary management and compliance documents); and other meetings, events, or activities at which topics that could have an impact on TTF operations or the TTF entity’s use of the airport will be discussed.

ACRP Report 114: Guidebook for Through-The-Fence Operations128 TRAINING Airport management should establish initial and recurrence training programs for TTF entities and the users of TTF properties that focus on maintaining compliance with the policies, standards, rules, and regulations pertaining to TTF activities, TTF access, and use of the airport. COMMUNICATION Airport management and policymakers should proactively develop multiple channels of communication with TTF entities to discuss: existing and upcoming events (e.g., construction activities) at the airport that could impact TTF operations; existing and upcoming events (e.g., construction activities) on the TTF property that could impact the airport sponsor and on-airport operators, tenants, and users; and upcoming meetings, events, or activities that could have an impact on TTF operations or the TTF’s entity’s use of the airport. A presentation template can be found at http://www.trb.org/Main/Blurbs/170955.aspx. Once customized for the airport and the TTF operation, this presentation template can be used by airport management and policymakers for educating TTF entities and airport stakeholders on the advantages, disadvantages, and impacts associated with TTF operations (in general) and the opportunities and issues of existing, proposed, or future TTF operations (specifically). ENFORCEMENT The primary rule of enforcement is… the airport sponsor should not adopt any policy, standard, rule, or regulation that airport management or policymakers are unwilling, unprepared, or unable to enforce consistently and uniformly. The inherent nature of TTF operations is such that airport management and policymakers (especially at airports with multiple TTF entities) will be drawn into conflicts between TTF entities that are not directly related to the airport sponsor’s policies, standards, rules, or regulations. If a conflict impacts the safety, utility, or efficiency of the airport, it must be addressed. However, if that is not the case, it is recommended that airport management and policymakers take a neutral position and remove themselves (if possible and as soon as practicable) from the conflict. COMMON VIOLATIONS Some of the most common violations of airport sponsor policies, standards, rules, and regulations relating to TTF operations (provided in no particular order) include: adjacent property owners/users, without TTF agreements, utilizing TTF access points; TTF entities engaging in prohibited TTF activities including commercial aeronautical activities and non- commercial self-fueling; transient aircraft using TTF access points without proper notification or permission; prohibited use of TTF access points by vehicles and pedestrians; improper use of taxiways/taxilanes on TTF property; gates at TTF access points not being closed/secured properly; and development of infrastructure and/or improvements without notification or approval.

129 ACRP Report 114: Guidebook for Through-The-Fence Operations While some of these violations may constitute a default under a TTF agreement, most are operational in nature and related, in some way, to the airport sponsor’s policies, standards, rules, and regulations. Additional violations relating to TTF agreements are discussed in Chapter 6: Structuring TTF Operations. Regardless of the type of violation, airport management needs to closely monitor TTF operations for compliance, and if necessary, take appropriate enforcement action in a timely manner. The FAA, SAOs, attorneys and consultants (who specialize in TTF operations) can be great resources for identifying solutions and alternatives that have worked at other federally obligated airports to enforcement issues related to TTF operations. Further, representatives of these entities may be available to discuss issues with airport management and policymakers; TTF entities, on-airport operators, tenants, and users; and/or the community. ENFORCEMENT MECHANISMS When an airport sponsor policy, standards, rule, or regulation is violated by a TTF entity, there are several enforcement mechanisms available to airport management and policymakers. Most importantly, one or more of these mechanisms should be identified in the TTF agreement (discussed in Chapter 6: Structuring TTF Operations). A brief discussion of each enforcement mechanism follows: License/Permit Revocation – The revocation of a license/permit is a simple mechanism when compared to the process of defaulting a TTF entity and terminating a TTF agreement. After giving notice and if the violation is not cured by the TTF entity within the prescribed timeframe, an airport sponsor can revoke an entity’s license/permit and related privileges including TTF access. Agreement Termination – If a TTF agreement includes the exclusive use of certain airport land, infrastructure, and/or improvements, the termination of an agreement can be more complicated than revocation of a license/permit, as the airport sponsor must follow the default protocols stipulated in the agreement and may require a court order to terminate an agreement. It is also important to note that termination of access rights associated with a deed restriction or easement may be difficult. Lien – If an airport sponsor must expend funds to maintain land, infrastructure, and/or improvements that are the responsibility of the TTF entity or the TTF entity owes the airport sponsor rents and fees, the airport sponsor may file a lien on the land, infrastructure, and/or improvements. Immediate Suspension of Rights – If a TTF agreement or the airport sponsor’s policies, standards, rules, and regulations stipulate that an entity’s rights can be immediately suspended for a violation, an airport sponsor can take immediate action to prevent TTF access (e.g., lock the gate). Late Charges – Nonpayment or late payment of any rents and fees due and owing can include assessment of late charges and other fees. The process for enforcing a TTF agreement should include a verbal warning followed by written warnings for non-compliance. However, in certain non-compliance situations (depending upon the severity), immediate revocation of TTF access may be warranted. If necessary, agreements should be terminated for non-compliance which is not cured or remedied in a prompt, correct, and complete manner. Airport sponsors that have TTF agreements with an HOA (versus individual TTF entities) typically enforce the agreement through the HOA. The HOA is responsible for educating association members and enforcing the agreement (and the airport’s primary management and compliance documents) and collecting (and remitting to the airport sponsor) applicable rents and fees. Ultimately, if compliance is not maintained by the HOA (in general) and association members (in particular), the TTF agreement should be terminated and TTF access should be discontinued.

ACRP Report 114: Guidebook for Through-The-Fence Operations130 7.7 WRAP-UP This chapter outlined a best practices approach for managing TTF operations and emphasized the importance of developing (or updating), implementing, and enforcing the airport planning, management, and compliance tools used to manage TTF operations including: Airport Sponsor Regulatory Measures (e.g., zoning, building codes, etc.) – help ensure that TTF property will be developed and used in a manner that does not have an adverse or detrimental impact on safety, utility, or efficiency of the airport; Primary Planning Documents • Airport strategic business plan – the results of the assessment of TTF operations can be used to help establish goals, objectives, and action plans that incorporate the airport sponsor’s policy on TTF operations; • Airport master plan and ALP – can be used to assess the developmental and operational impacts associated with existing and/or future TTF operations and identify the specific properties (located adjacent to the airport) that could be used for TTF operations and the access points that could be used to provide TTF access to the airport; and Primary Management and Compliance Documents (e.g., minimum standards, rules and regulations, development standards, etc.) – specific issues relating to TTF operations can be addressed in policies, standards, rules, and regulations. Additionally, this chapter identified and discussed many of the most common airport operational issues relating to TTF operations (e.g., TTF access, safety and security, maintenance and repair, and incursions) and outlined a best practices approach for educating TTF entities and enforcing the most common violations associated with TTF operations.