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Establishment and Management of a Voluntary Aircraft Noise Reduction (Hush-Kit) Program at the Santa Clara County Airports

Forms:
Initial Application (PDF)
Annual Renewal (PDF)
Insurance Indemnification (PDF)

 

Background:
The Santa Clara County Board of Supervisors approved the annual funding of an Aircraft Noise Reduction Program (Hushkit) at Reid-Hillview Airport on May 4, 2004. The test of an aircraft hush-kit system (manufactured by Gomolzig) at Reid-Hillview Airport in October 2002 showed that there is at least one technology available that could possibly be utilized to reduce the noise signature of private aircraft that use the Santa Clara County Airport system. The test showed that there was a measurable difference between the engine noise produced from identical aircraft where one was retrofitted with the manufacturer's exhaust hush kit.

Program Parameters:
The Airport Enterprise fund is authorized to spend $25,000 per year for matching funds to offset the cost of retrofitting qualified aircraft with exhaust hush kits to reduce the engine noise from aircraft operating at and around Reid-Hillview Airport. Eligible aircraft owners will be allowed to apply for County Airports matching funds (according to the matrix below) for installed hush-kit modifications to their aircraft. This annual funding would allow for a minimum of ten (10) aircraft to be included in the program each year based on the priority system established in the matrix below. Only those Hush-Kits that have been approved for installation by the FAA (STC'd) are qualified for the program. Check with your aircraft manufacturer and the various hush-kit manufacturers for specifications and installation requirements. On an annual basis starting in June 2004, County Airports staff will notify all County tenants and FBOs that applications will be considered for the following fiscal year's program funding. Applications will be considered on a case-by-case basis and on first come first served basis for the initial year's funding. Depending on the success of the program a deadline may need to be established in the future.

Application Process:
Aircraft owners who have already installed an approved aircraft exhaust hush-kit will need to complete the attached application form and submit copies of aircraft registration, liability insurance and invoices reflecting their cost for the proposed/installed kit including parts and labor. Send all applications to: Director of County Airports, 2500 Cunningham Avenue, San Jose, CA 95148.

Priority:
Because the purpose of the program is to help reduce aircraft noise over the adjacent neighborhoods, it is intuitive that the best use of the program's funds is to offset the cost of hush-kit installation in aircraft that are predominantly used in the RHV traffic patterns. In the event that more than ten aircraft owners apply for matching funds in a given year, aircraft that are utilized for pilot training or spend most of their flight hours in and around Reid-Hillview Airport will have priority for payment by the County. When necessary, aircraft log books and tower operation logs will be utilized to determine which aircraft have spent the most time in the RHV traffic pattern.

Indemnification:
Applicants for matching County Airports funding for hush-kits will also need to submit a signed copy of the attached indemnification form, absolving the County of all liability for damage or malfunction of the installed hush-kit.

Basing Agreement:
The owner of an aircraft that qualifies for the Hush-Kit Program will certify (both initially and on an annual basis) that the aircraft was based at Reid-Hillview Airport for the previous year in order to receive payment or credit for reimbursement of installation costs. Aircraft owners may sell aircraft that have qualified for the program, however if the aircraft is sold during the reimbursement period, the remaining payments will continue to the new owner(s) provided the aircraft remains based at RHV.

Payment:
The owner (current and future) of an aircraft that has been accepted into the program, and meets all parameters of the program, will be responsible for requesting annual payment or continued credit from the County Airports office using the attached form on the anniversary of the aircraft's acceptance into the program. Owners who fail to request their annual payments or credit in accordance with the schedule in the table below will be given a 30 day grace period to apply or risk losing that year's payment.

Cancellation Policy:
If the owner of an aircraft that has been accepted into the hush-kit program moves the aircraft off the airport, removes the hush-kit from the aircraft or sells the aircraft to another owner that will not base the aircraft at Reid-Hillview Airport, the aircraft is no longer eligible for recurring payments/credit from the County Airports. Owners should notify the Director of County Airports upon moving the aircraft off of the airport or upon the sale of an aircraft that is in the program.

 


Parameter Recommendation
Eligible applicants
  • Owner(s) of aircraft based at RHV (either at a County-owned or FBO storage space)
Priority of eligible applicants
  • Aircraft spending the most amount of documented time in the RHV traffic pattern will have the highest priority for funding.
County contribution
  • 50% of total cost (equipment + labor) up to a maximum of $2500 per aircraft
  • Documentation required
Reimbursement period/mechanism
  • 60 month reimbursement period
  • For County tenants, reimburse 1/60 of County contribution each month (in the form of a rent credit) for 60 months or until aircraft ceases to be based at RHV, whichever occurs first
  • For FBO tenants, reimburse 20% of County contribution each year (by check) for 5 years or until aircraft ceases to be based at RHV, whichever occurs first. First payment to be made one year after installation of hush kit.
  • If aircraft is sold during the reimbursement period, the remaining payments will continue to the new owner(s) provided the aircraft remains based at RHV.
Implementation Procedure
  • Staff to advertise availability of pilot program, develop appropriate agreement forms, and establish initial call for applications.
  • If applications for funding are received for 10 aircraft or less, all 10 will be funded under the initial program allocation of $25,000.
  • If applications for funding are received for 11 or more aircraft, staff will develop a recommended priority list for review by the Airports Commissiom.

view printer friendly version of this table (pdf)


Liability Indemnification for the Santa Clara County Airports Voluntary
Hush-Kit Program

view printer friendly version (pdf)


I agree that I will indemnify, defend, and hold harmless the County of Santa Clara (County), Santa Clara County Airports, and their officers, agents and employees from any claim, lawsuit, liability, loss, injury or damage arising out of, or in connection with, the installation and use of a Hush-Kit for which the County provides matching funds under this Program. I acknowledge and agree that the County's contribution of matching funds toward a Hush-Kit purchase is in no manner whatsoever an endorsement that any Hush-Kit is appropriate for any particular aircraft, and that it is my responsibility to determine the appropriate Hush-Kit installation for my aircraft. I also acknowledge and agree that if there is any accident or damage to the aircraft, property, or persons, including persons riding in the aircraft, that is alleged to be related to the Hush-Kit, that the County and its employees will have no responsibility or liability whatsoever for any claim, lawsuit or damages arising out of such accident and that I will defend and indemnify the County for any such claim, lawsuit or damages. I acknowledge and agree that it is the intent of this liability indemnification agreement to provide the broadest possible coverage and indemnification for the County. I agree that I or my insurance company shall defend, indemnify and reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation which arises out of the use or installation of a Hush-Kit in which I am obligated to indemnify, defend and hold harmless the County under this Liability Indemnification Agreement.


Aircraft owner signature and date
If the aircraft is owned by a partnership, all owners must sign,
If the aircraft is owned by a corporation, a corporate officer must sign

Last updated on 7/29/04

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