[HISTORY: Adopted by the Common Council of the City of Rice Lake 6-28-2005
by Ord. No. 05-09.[1] Amendments noted where applicable.]
GENERAL REFERENCES
[1]
Editor's Note: This ordinance repealed former Ch. 62, Airport,
adopted as Title 9, Chapter 5, of the Code of Ordinances, as amended.
A.
The purpose herein is to allow for the establishment
of a sound economic base upon which the airport will thrive and experience
a stable growth pattern; to ensure that the public receives reliable, safe,
adequate and nondiscriminatory air transportation service; and to ensure that
tenants and operators receive fair, equitable and nondiscriminatory treatment
in the conduct of authorized activities at the airport.
B.
The intent herein is to categorically identify those
minimum standards and procedures by which all persons, firms or other legal
entities conducting commercial (revenue-producing) or noncommercial aeronautical
or nonaeronautical activities at the airport shall conduct their respective
operations.
C.
The requirements as set forth in these standards and
procedures are intended to ultimately protect the public health, safety and
other interests and to foster and promote the continued development of the
airport in a safe and efficient manner.
D.
This chapter provides minimum standards used by the airport
management and Airport Commission to guide all commercial and business-related
activities at the Rice Lake Regional Airport. Each activity shall be covered
by a lease/operating agreement which specifically includes, but is not limited
to, the following covenants:
For purposes of this chapter, the following definitions shall apply:
Any license, permit or other authorization which is or may be required
by the United States government, the state, the owner or any duly authorized
agency or subdivision thereof for the conduct of the applicant's business.
A person, firm, corporation, or other entity conducting aerial agriculture
spraying or seeding activities at the airport for compensation or hire.
Any activity which involves, makes possible or is required for the
operation of aircraft or which contributes to or is required for the safety
of such operations.
Airport property currently not needed for aeronautical use and is
available for agrarian purposes.
A person or entity that provides on-demand nonscheduled passenger,
ambulance or cargo transportation service in aircraft having less than 30
passenger seats. The entity must operate under the appropriate Federal Aviation
Regulations (FARs).
Any contrivance invented, used or designed for navigation of or flight
in air.
An aircraft's takeoff from or landing at an airport. A touch-and-go
is two operations.
A person or single entity holding legal title to an aircraft, or
any person having exclusive possession of an aircraft.
This minimum standard covers the commercial operation of renting
or leasing aircraft parking and storage to the public for compensation.
The hangar and apron location on the airport designated by the airport
owner or airport manager for the parking and storage of aircraft.
The commercial operation of renting or leasing aircraft to the public
for compensation.
The sale of new or used aircraft through brokerage, ownership, franchise,
distributorship, or licensed dealership.
The commercial operation of providing airframe and power plant services,
which includes any of the following: the repair, maintenance, inspection,
constructing, and making of modifications and alterations to aircraft, aircraft
engines, propellers and appliances including the removal of engines for major
overhaul or aircraft painting and interior refurbishing. This category of
service also includes the sale of aircraft parts and accessories.
Any area of land or water which is used, or intended for use, for
the landing and take-off of aircraft and any appurtenant areas which are used,
or intended for use, for airport buildings or other airport facilities or
rights-of-way, together with all airport buildings and facilities located
thereon which are owned, leased or otherwise controlled by the City of Rice
Lake or its tenants and operated as the City of Rice Lake Regional Airport.
The FAA-approved plans and drawings of an airport depicting the layout
of the existing and proposed airport facilities.
The designated individual/firm, appointed/contracted by the airport
owner, duly authorized to administer and manage all operations of the airport
and airport facilities.
A provision contained in a federal grant agreement to which the recipient
of the federal airport development assistance has voluntarily agreed to comply
in consideration of the assistance provided.
Flammable liquids composed of a mixture of selected hydrocarbons
manufactured and blended for the purpose of operating an internal combustion,
jet, or turbine engine, which meet federal fuel standards.
Any activity conducted on the airport that provides service or support
to aircraft passengers or air cargo. The following are examples of aviation-related
activities: ground transportation, restaurants, auto parking and concessions.
The commercial operation of providing for the repair and maintenance
of aircraft radios, instruments and accessories. Such operation may include
the sale of new or used aircraft radios, instruments and accessories.
An aircraft which the owner physically locates at the airport for
an undetermined period, and whenever absent from the airport, its owner intends
to return the aircraft to the airport for long-term storage.
The conduct of any aspect of a business, concession, operation, or
agency in order to provide goods or services to any person for compensation
or hire. An activity is considered a commercial activity regardless of whether
the business is nonprofit, charitable, or tax-exempt.
A person, firm, corporation, or single entity conducting commercial
aeronautical services or activities at the airport for compensation or hire.
The operator may be classified as either a fixed base operator (FBO) or a
specialized aviation service operator (SASO).
A person, firm, corporation, or other entity conducting skydiving
or skydiving activities at the airport for compensation or hire.
A power, privilege, or other right excluding or debarring another
from enjoying or exercising a like power, privilege, or right. An exclusive
right can be conferred either by express agreement, by the imposition of unreasonable
standards or requirements, or by any other means.
The federal governmental agency responsible for governing aviation
activities.
All regulations included in the unabridged edition of pertinent federal
governmental regulations.
Contractual commitment of the airport owner that arises from the
conveyance of the land or from a grant agreement.
A full-service commercial operator who engages in the primary activity
of aircraft refueling and a minimum of four of the following secondary activities:
The commercial operation of instructing pilots in dual and solo flight,
in any aircraft, and related ground school instruction as necessary to complete
a FAA pilot's knowledge test and practical flight test for various categories
of pilot certificates and ratings. Flight training operations must include
aircraft rental.
A noncommercial and nonprofit entity organized for the purpose of
providing its members with any number of aircraft for their personal use and
enjoyment. Aircraft must be vested in the name of the flying club owners on
a pro-rata share, and the club may not derive greater revenue from the use
of the aircraft than the cost to operate, maintain, and replace the aircraft.
The transportation, sale, delivery, dispensing, or draining of fuel
or fuel waste products to or from an aircraft.
Any portion of the airport designated temporarily or permanently
by the airport owner as an area in which aircraft fuel and any other type
of fuel may be stored or located.
All civil aviation operations other than scheduled air services and
nonscheduled air transport operations for remuneration or hire.
Any agreement made between the airport owner and the FAA for the
grant of federal funding or a conveyance of land either of which the airport
owner agrees to use for airport purposes.
Any substance, waste, or material which is toxic, explosive, corrosive,
flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise
hazardous, and is or becomes regulated by any governmental authority, agency,
department, commission, board, agency or instrumentality of the United States,
the State of Wisconsin, or political subdivision thereof, and the presence
of which requires investigation, removal and/or remediation.
A commercial operator offering a single aeronautical service but
without established place of business on the airport. An airport owner may
or may not allow this type of servicing to exist on the airport.
The written contract between the airport or airport owner and a person
(lessee) specifying the terms and conditions under which a person may conduct
commercial, aeronautic or agriculture activities as defined within the established
minimum standards.
Includes, but is not necessarily limited to, any modification, alteration
or repair, either of a structural or architectural nature, performed by the
tenant at his/her sole cost and expense. Any such improvements shall be accomplished
only after the owner has approved the tenant's written application requesting
the same.
Any vehicle that is used or intended to be used for manned operation
in the air for recreation or sport purposes only and which meets the following
criteria:
Maximum gross takeoff weight of 1,320 pounds (599 kilogram), 1,430 pounds
for seaplanes.
Lighter-than-air light-sport aircraft maximum gross weight of 660 pounds
(300 kilogram).
Maximum stall speed of 51 mph (45 knots).
Maximum speed in level flight with maximum continuous power (Vh) of
138 mph (120 knots).
Two-place maximum (pilot and one passenger).
Single, nonturbine engine only, included rotary or diesel engines.
Fixed ground adjustable propeller.
Unpressurized cabin.
Fixed landing gear.
Repositionable landing gear for seaplanes allowing the wheels to be
rotated for amphibious operation.
Can be manufactured and sold ready-to-fly under a new special light-sport
aircraft certification without FAR Part 23 compliance. Aircraft must meet
consensus standards. Aircraft under this certification may be used for sport
and recreation, flight training and aircraft rental.
Can be licensed experimental light-sport aircraft (E-LSA) if kit or
plans-built. Aircraft under this certification may be used only for sport
and recreation and flight instruction for the owner of the aircraft.
Can be licensed experimental light-sport aircraft (E-LSA) if kit or
plans-built and operated as an ultralight trainer. Aircraft must be transitioned
to E-LSA category no later than January 31, 2008.
Will be FAA registration-N-number.
Aircraft category and class includes: airplane (land/sea), gyroplane,
airship, balloon, weight-shift-control (trike land/sea), and powered parachute.
United States or foreign manufacture of light-sport aircraft is authorized.
Aircraft with a standard airworthiness certificate that meet above specifications
may be flown by sport pilots. However, that airworthiness certification category
will not be changed to a light-sport aircraft. Holders of a sport pilot certificate
may fly an aircraft with a standard airworthiness certificate if it meets
the definition of a light-sport aircraft.
May be operated at night if the aircraft is equipped per FAR 91.209
and the pilot holds at least a private pilot certificate and a minimum of
a third-class medical.
The qualifications or criteria which may be established by the airport
owner as the minimum requirements that shall be met as a condition for the
right to conduct a commercial activity on the airport.
The fueling of an aircraft by an aircraft owner, their employees
or pilot using pumps and equipment installed for that purpose. The "fuel user"
is defined as a single entity fueling an aircraft owned and operated by the
entity. The fueling facility may or may not be attended by the FBO that owns/leases
and operates the equipment. Only FBOs can sell and provide for the into-aircraft
delivery of fuel into other owner/operated aircraft.
The City of Rice Lake, Wisconsin, or its successor in title in the
event of a transfer of the airport facility, granting the Airport Commission
the authority to operate the airport and to grant and/or lease operating rights.
Any individual, firm, partnership, corporation, company, association,
joint stock association, or body politic; and includes any trustee, receiver,
assignee, or other similar representative thereof.
Maintenance that is not considered a major aircraft alteration or
repair and does not involve complex assembly operations as listed in FAR Part
43, Appendix A, Paragraph C.
Any street or road, whether improved or unimproved, within the boundaries
of the airport and designated for use by ground vehicles.
Fueling or maintenance of an aircraft on airport property, performed
by the aircraft owner or their employees in accordance with FAR and the airport's
reasonable standards or requirements.
An aeronautical business that offers a single or limited service
according to established minimum standards. Examples of a SASO include, but
are not limited to:
This operator shall be engaged in air transportation for hire for
the purpose of providing the use of aircraft for the following activities:
Nonstop sightseeing flights that begin and end at the same airport.
Crop dusting, seeding and spraying and bird chasing.
Banner towing and aerial advertising.
Aerial photography or survey.
Fire fighting.
Power line or pipeline patrol.
Airborne mineral exploration.
Any other operations specifically excluded from Part 135 of the Federal
Aviation Regulations.
The State of Wisconsin and, as applicable, the State of Wisconsin
Department of Transportation, Bureau of Aeronautics.
The written agreement stating terms and conditions under which a
third-party person leases space from a lessee for the purpose of providing
aeronautical services at the airport.
That portion of the airport apron area, or any other area, used for
access between taxiways and aircraft parking or storage areas.
A defined path established for the taxiing of aircraft from one part
of the airport to another.
Any person(s), firm or legal entity that will have applied for and
received written permission to establish a leasehold or other right at the
airport, whether for commercial activity or not.
An agreement between the airport owner and a commercial adjacent
property owner permitting access to the public landing area.
A commercial activity, directly related to the use of the airport,
developed or located off airport and requiring a through-the-fence agreement.
A nongovernment communication facility, which may provide airport
information at certain airports.
Any portion of the airport designated and made available temporarily
or permanently by the airport owner for the parking of vehicles.
It is the policy of the owner to grant to the Airport Commission the
authority to operate the airport and to grant and/or lease operating rights
to those qualified applicants who have duly made application for said lease
right in the manner and form prescribed.
A.
Upon the consideration of the applicant, the Airport
Commission shall determine whether or not the application meets the standards
and qualifications as herein set out and whether or not such application should
be granted, in whole or in part, and if so upon what terms and conditions.
B.
All persons conducting aeronautical activities at the
Rice Lake Regional Airport shall, as a condition of conducting such activities,
comply with all the requirements set forth in these minimum standards. The
minimum standards are deemed to be a part of each commercial operator's
lease or agreement with the owner. The mere omission of any particular standard
in a lease or agreement shall not constitute a waiver or modification of the
standard unless the document expressly states that the owner waives application
of that standard.
C.
It is the owner's intent to have prepared and make
available an airport layout plan which will be a scaled, dimensional layout
of the entire airport property indicating, in general, current and proposed
usage for each identifiable segment.
D.
All applicants shall meet the minimum standards as recited
herein and which pertain to their respective category. These minimum standards
shall not apply to commercial aviation operators who have a current minimum
standards agreement with the City of Rice Lake. Minimum standards will be
applied to existing operators upon renewal of the existing lease or agreement.
Existing operators who are unable to meet the minimum standards at the time
of lease or agreement renewal shall submit a plan outlining specific timelines
for complying with the minimum standards. The owner must approve the plan
prior to renewal of the lease or agreement.
E.
Multiple services. When a commercial operator conducts
multiple activities pursuant to one lease or agreement with the owner, the
commercial operator shall comply with the minimum standards established for
each separate activity. If the minimum standards for another activity are
inconsistent with the minimum standards for another activity, then the minimum
standard that is more restrictive or imposes a higher standard shall apply.
F.
It is the intent of the Airport Commission to examine
each person desiring to conduct aeronautical activities at the Rice Lake Regional
Airport. Each person shall be responsible to provide satisfactory evidence
to the Airport Commission of its respective technical ability and financial
responsibility, including the capability to meet the insurance requirements
as stated herein. Activities with no specific minimum standards established
in the document will be addressed by the owner on a case-by-case basis in
the commercial operator's lease or agreement.
G.
The owner may review the minimum standards and procedures
from time to time and may make such revisions or amendments as shall be deemed
necessary to properly protect the health, safety and interest of the public.
Upon enactment of any such amendments, all operators and tenants shall be
required to conform to such amended standards in accordance with this chapter.
H.
In addition to the requirements of the FAA or the state,
the owner may establish and implement such rules and regulations as may be
required for the safe and orderly operation of the airport, the safe and orderly
operation of aircraft in the airport traffic area and airspace surrounding
the airport, and the safe and orderly operation of aircraft on the ground.
I.
No person(s), firm or legal entity shall act as an operator/tenant
or conduct any commercial activity of any kind or nature whatsoever on the
airport until such time as the person(s), firm or legal entity has applied
for and received permission to and has entered into and executed a lease/operating
agreement with the owner. Each successful applicant shall, within 30 business
days after having received written approval of its application, be ready,
willing and able to enter into a written lease/operating agreement with the
owner in a form and manner prescribed by the owner. In the case of an air
charter operation which is not based at the airport but which operates to
and from the airport, the payment of all applicable parking or other levied
fees shall be deemed sufficient to meet the requirements of this subsection.
J.
The owner may waive or modify any portion of these minimum
standards for the benefit of a governmental agency performing nonprofit public
services, fire protection or emergency response operations.
K.
The owner may waive or modify any portion of these minimum
standards for any person when it is determined that such waiver is in the
best interest of the public and will not result in unjust discrimination against
other commercial operations at the airport.
A.
EMERGENCY EQUIPMENT
PEDESTRIAN
SERVICE, MAINTENANCE AND CONSTRUCTION EQUIPMENT
VEHICLE
Definitions: As used in this section, the following terms
shall have the meanings indicated:
Crash, fire and rescue or police motor vehicles and such other equipment
as the airport manager may designate as necessary to safeguard airport runways,
taxiways, ramps, buildings and other property.
Any person afoot.
Approved equipment normally operated and/or authorized by the airport
manager and/or the Federal Aviation Administration on landing areas, runways,
taxiways and peripheral roads for the servicing, maintenance and construction
of airport facilities and services or for the servicing of aircraft. This
definition shall include equipment owned and operated by a contractor performing
work on the airport under a contractual agreement with the City of Rice Lake.
Every device in, upon or by which any person or property is or may
be transported or drawn, excepting aircraft.
B.
Operation of vehicles on airport property, runway(s),
taxiway(s) and ramps. No vehicle shall enter or be driven upon or operated
upon any airport runway, taxiway, ramp, tie-down area or any area posted by
signs prohibiting the entrance thereon without prior authorization of the
airport manager or designated representative. The provisions of this subsection
shall not apply to emergency equipment or service, maintenance and construction
equipment when engaged in performing normal duties. Aircraft owners may be
granted authorization by the airport manager or designated representative
to operate a vehicle to reach their own aircraft. They shall not at any time
park a vehicle on any area used for the movement of aircraft.
C.
Speed of vehicles. Unless specifically authorized by
the airport manager, vehicles shall not traverse over any runway, taxiway,
and ramp or tie-down area at a speed in excess of 10 miles per hour.
D.
Pedestrian traffic on airport. No pedestrian shall be
allowed beyond the administration area or upon the apron or aircraft tie-down
area unless for the purpose of embarking in or disembarking from an aircraft
or unless authorized by the airport manager. Pedestrian traffic is prohibited
on taxiways, runways and outlying areas of the airport, except for those employees
of the city, county, state and federal government or contractors engaged in
airport construction or maintenance work.
E.
Vehicle parking. All vehicles parked on the airport shall
be parked in designated areas and in accordance with posted signs or other
markings. The airport manager may move or order the removal of any vehicle
improperly parked, at the vehicle owner's expense.
F.
Enforcement. It shall be the duty of the Police Department
of the City of Rice Lake to enforce the provisions of this section.
The following standards shall apply to all operators, with the exception
of flying clubs, whose complete list of standards is presented in the section
which pertains solely to that type of operation.[1]
A.
The lease/operating agreement shall be for a term to
be mutually agreed upon between the parties commensurate with the operator's
financial investment in his/her facility.
B.
The operator shall have had experience in the service
he wishes to provide for a period of five years. It will be satisfactory if
the operator has, in a reasonable supervisory position, a person with such
minimum experience requirements. Should an operator not have such experience
but be able to demonstrate to the owner's satisfaction that he has had
equivalent related experience, such will be deemed acceptable. A statement
of qualifications shall accompany the operator's letter of intent to
the owner.
C.
Any operator seeking to conduct services at the airport
must provide the owner with a letter setting forth the operator's financial
integrity, to the owner's satisfaction, from a bank or trust company
doing business in the area or from other such source that may be readily verified
through normal banking channels. The operator must also demonstrate that it
has the financial ability or backing, where applicable, for the construction
of facilities that may be required for the proposed concept of operation.
In addition, the financial institution letter shall include a current financial
net worth showing that the applicant holds unencumbered current assets in
a total amount at least equaling three months' estimated maintenance
and operating expenses.
D.
All operators shall demonstrate to the owner's satisfaction
evidence of their ability to acquire insurance coverage as stipulated for
each particular type of operation. In addition, the operator shall include
the owner as an additional insured and stipulate that the operator will hold
harmless the owner in all action against it. The following shall be established
as minimum coverage:
E.
Any operator located on the airport and performing any
one or more of the specialized aviation service operation categories and functions
shall lease from the owner an area to provide floor space in accordance with
the classifications 1 and 2 as further explained in subsections below. All
operators shall provide floor space for an office, customer lounge and rest
rooms, which shall be properly heated and lighted, and shall provide telephone
facilities for customer use.
(1)
Specialized aviation service operation activity: four
or more services. SASOs with four or more services shall be required at least
10,000 square feet of floor space with adequate aircraft and vehicle parking.
(2)
Specialized aviation service operation activity: fewer
than four services. SASOs with fewer than four services shall be required
a minimum of 5,000 square feet of floor space with adequate aircraft and vehicle
parking.
F.
Each lease for ground space and contract for specialized
aviation service operation activity at the airport entered into by the owner
shall include each of the following provisions as are required by state and
federal governments:
(1)
Fair and nondiscriminatory provisions.
(2)
Affirmative action assurances.
(3)
Civil rights assurances.
(4)
Nonexclusive right provision.
(5)
Other mandated provisions. The most current amendment
or form of such mandatory lease provisions shall be obtained from the state
or federal governments and shall be included in each lease at the time of
execution.
G.
All operators shall have the right, in common with others
so authorized, to use common areas of the airport, including runways, taxiways,
aprons, roadways, floodlights, landing lights, signals and other conveniences
for the takeoff, flying and landing of aircraft.
H.
Any construction required of any operator shall be in
accordance with design and construction requirements of the city, state and
federal regulations and applicable codes. All plans and specifications shall
be submitted to the owner for approval prior to the start of construction.
I.
The operator shall provide adequate, paved auto parking
space within the leased area sufficient to accommodate all activities and
operations.
J.
The operator shall provide a paved aircraft apron within
the leased area to accommodate aircraft movement from the operator to the
building to the taxiway or the access to the taxiway that has been or will
be provided for the operator.
K.
The operator shall comply with all pertinent FAR requirements.
L.
The airport manager is responsible for the security policies
approved by the Airport Commission not otherwise described in local, state
and federal statutes.
(1)
All persons conducting business on airport property must
wear a security badge provided by airport manager including but not limited
to the following:
(a)
Employees of the owner, FBO, SASO, or other businesses
located on airport property;
(b)
Subcontractors or consultants working on behalf of the
owner, FBO, SASO or other businesses located on airport property; and
(c)
Any person or firm conducting maintenance on any aircraft
based or located on airport property.
(2)
Operators of aircraft parked on the ramp must remove
keys. It is recommended all aircraft be locked.
(3)
All visitors, FBO and SASO employees should immediately
report any suspicious activity to law enforcement and/or the airport manager.
(4)
Visitors are not allowed inside the fenced area of the
airport without permission of the airport manager or the authorized designee.
A.
Statement of concept. A flight training services operator
provides aircraft ground and flight instruction necessary to complete the
knowledge and practical tests for any category of pilot certificate or rating.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E.
(2)
The operator shall have available for use in flight training,
either owned or under written lease to the operator, at least one properly
certified aircraft which must be equipped for and capable of use in instrument
flight instruction. The aircraft shall be equipped consistent with the types
of flight instruction offered.
(4)
The operator shall provide adequate mockups, pictures,
slides, film strips or other visual aids necessary to provide proper ground
school instruction.
(5)
The operator shall have the premises open and services
available 40 hours per week.
(6)
The operator shall have on a full-time basis at least
one flight instructor who is properly and currently certified by the Federal
Aviation Administration to provide the types of training offered.
(7)
The operator shall make provision for someone to be in
attendance in the office at all times during the required operating hours
and shall provide telephone service during that period.
(8)
The operator shall provide the owner with copies of the
owner's aircraft registrations.
(9)
It is the intention of the owner to enter into and execute
a lease/operating agreement with the approved applicant as soon as possible
after such application is approved.
(10)
All aircraft based at the airport shall be registered
with the FAA.
(11)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard provides
on-demand nonscheduled passenger, air ambulance or cargo transportation service
in aircraft having less than 30 passenger seats. The entity must operate under
the appropriate Federal Aviation Regulations (FARs).
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E.
(2)
The operator shall provide, either owned or under lease
to the operator, not less than one aircraft which must meet the requirements
of the air taxi commercial operator FAA certificate held by the operator.
(4)
The operator shall have the premises open and services
available 40 hours per week. The operator shall provide on-call service during
hours other than the aforementioned. The operator shall make provisions for
someone to be in attendance at all times during the required operating hours.
(5)
The operator shall have in his/her employ and on duty
during the appropriate business hours trained personnel in such numbers as
are required to meet the minimum standards set forth in this category in an
efficient manner.
(6)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers the
sale of new and used aircraft through brokerage, ownership, franchise, distributorship,
or licensed dealership.
B.
Minimum standards.
(1)
The operator shall provide necessary and satisfactory
arrangements for repair and servicing of all aircraft offered for sale.
(2)
The operator shall provide current, up-to-date specifications
and price lists for types and models of aircraft sold. That list will be provided
to the airport manager upon request.
(3)
The operator shall have the premises open and services
available 40 hours per week. The operator shall make provision for someone
to be in attendance at all times during the required operating time.
(4)
The operator shall have in his/her employ and on duty
during the appropriate business hours trained personnel in such numbers as
are required to meet the minimum standards set forth in this category in an
efficient manner.
(6)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers the
commercial operation of renting or leasing aircraft to the public for compensation.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E.
(2)
The operator shall provide on-site rental, either owned
or under written lease to the operator, at least one certified and currently
airworthy aircraft.
(4)
The operator shall have the premises open and services
available 40 hours per week. The operator shall make provision for someone
to be in attendance at all times during operating hours.
(5)
The operator shall have in his/her employ and on duty
during the appropriate business hours trained personnel in such numbers as
are required to meet the minimum standards set forth in this category in an
efficient manner.
(6)
The operator shall provide the owner with copies of the
owner's aircraft registrations and aircraft lease documents.
(7)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers the
operation of providing airframe and power plant services, which includes any
of the following: the repair, maintenance, inspection, constructing, and making
of modifications and altercations to aircraft, aircraft engines, propellers
and appliances including the removal of engines for major overhaul and aircraft
painting and interior refurbishing. This category of service also includes
the sale of aircraft parts and accessories.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E.
(2)
The operator shall provide adequate equipment to perform
the repair and maintenance as required by the Federal Aviation Administration.
(4)
The operator shall have the business open and services
available 40 hours per week. The operator shall make provision for someone
to be in attendance in the office at all times during the required operating
hours.
(5)
The operator shall have in his/her employ and on duty
during the appropriate business hours trained personnel in such numbers as
are required to meet the minimum standards set forth in this category of service
in an efficient manner.
(6)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers the
operation of providing for the repair and maintenance of aircraft radios,
instruments and accessories. Such operation may include the sale of new or
used aircraft radios, instruments and accessories.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E.
(3)
The operator shall have the business open and services
available 40 hours per week. The operator shall make provision for someone
to be in attendance at all times during the required operating hours. The
operator shall have in his/her employ and on duty during the appropriate business
hours trained personnel in such numbers as are required to meet the minimum
standards set forth in this category in an efficient manner.
(4)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers the
commercial operation of renting or leasing aircraft parking and storage to
the public for compensation.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E. Said area shall include ground space and floor space to facilitate customer use.
(2)
The owner shall review with the operator any private
building use before approval of said parking and storage is permitted. If
improvements are requested by the owner, the operator shall make the improvement
before parking and storage shall commence.
(3)
The operator shall provide a paved aircraft apron within
the leased area to accommodate all customer aircraft awaiting interior storage
or delivery.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers full-service
commercial operators who engage in the primary activity of aircraft refueling
and a minimum of four of the following secondary activities:
B.
Minimum standards.
(1)
The operator shall lease from the owner an area in accordance with the classification established by the number of services as set forth in § 62-5E.
(2)
As part of the leasehold, land is set aside in a designated
area adjacent to the existing fuel facility for the bulk fuel storage facility.
The storage facility shall be capable of maintaining, at a minimum, the agreed-upon
storage capacity for a minimum of two types of aviation fuel maintained by
the operator. The operator shall provide the required pumping equipment, mobile
and fixed, to meet all applicable safety requirements relative to fuel dispensing
as required by federal, state and local regulations and shall provide reliable
metering and monitoring devices which conform to federal, state and local
regulations.
(3)
Dispensing trucks, bulk fuel trucks, emergency vehicles
and other vehicles, approved by the owner, shall be the only vehicles permitted
within the approved fuel activity area as designated by the owner.
(4)
The operator shall provide such minor repair service
that does not require a certified mechanic rating and cabin services to general
aviation aircraft as can be performed efficiently on the ramp or apron parking
area, but only within the premises leased to the operator.
(5)
The operator shall procure and maintain tools and equipment
related to the approved activity. All equipment shall be maintained and operated
in accordance with local and state industrial codes.
(7)
The operator shall have in his/her employ and on duty
during the appropriate business hours trained personnel in such numbers as
are required to meet the minimum standards set forth in this category in an
efficient manner.
(8)
The operator shall have the business open and services
available 6:00 a.m. to 9:00 p.m. seven days per week. The operator shall make
provision for someone to be in attendance in the office at all times during
the required operating hours.
(9)
The operator shall maintain an accurate record of all
deliveries of aviation fuel and oil, and such records shall be subject to
examination and audit by the owner or its representatives.
(10)
The operator shall provide separate pumps, meters and
filter-equipped dispensers, fixed or mobile, for dispensing required grades
of fuel. The operator shall provide reliable pumps and meters to conform to
legal standards for trade use as established by federal, state and local regulations.
(11)
Each FBO aviation fuel provider shall submit to the owner
a written proposal which sets forth the extent of operations, to include fuel
grades; insurance information; estimated annual volume; experience and training
of fuel handling personnel; type, size and condition of all fueling facilities,
monitoring and equipment to be used; assurance provisions for the security
and safety of the facility; and any cost that may be expected by the owner.
(13)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers businesses
providing specialized commercial flying services such as sightseeing tours,
aerial photography or surveying, power line or pipeline patrol, firefighting
or fire patrol, airborne mineral exploration, banner towing, and other air
transportation operations specifically excluded form FAR Part 135 are included
in this SASO.
B.
Minimum standards.
(1)
The operator shall lease land from the owner. The minimum
areas in each instance shall be subject to the approval of the owner. All
operators shall demonstrate that they have the availability of aircraft suitably
equipped for the particular type of operation they intend to perform.
(2)
The owner shall set the minimum insurance requirements as they pertain to the particular type of operation to be performed. These minimum requirements shall be applicable to all operations of a similar nature. All operators will, however, be required to maintain the minimum aircraft liability coverage as set forth in § 62-5D for all operators.
(3)
The operator shall have in his/her employ and on duty
during appropriate business hours trained personnel in such numbers as may
be required to meet the minimum standards herein set forth in an efficient
manner.
(4)
The operator must provide, by means of an office or a
telephone, a point of contact for the public desiring to utilize the operator's
services.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers aerial
agricultural spraying or seeding. Considerable thought must be given to the
potential environmental impacts and their prevention.
B.
Minimum standards.
(1)
The operator shall lease land from the owner. The minimum
areas in each instance shall be subject to the approval of the owner. The
operator shall make suitable arrangements and have such space available in
the leased area for safe loading and unloading and storage and containment
of chemical materials. All operators shall demonstrate that they have the
availability of aircraft suitably equipped for the particular type of operation
they intend to perform.
(2)
The owner shall set the minimum insurance requirements
as they pertain to the particular type of operation to be performed. These
minimum requirements shall be applicable to all operations of a similar nature.
(4)
The operator shall have in his/her employ and on duty
during appropriate business hours trained personnel in such numbers as may
be required to meet the minimum standards herein set forth in an efficient
manner.
(5)
The operator must provide, by means of an office or a
telephone, a point of contact for the public desiring to utilize the operator's
services.
(6)
The operator shall comply with all pertinent FAR requirements.
(7)
The operator shall comply with all applicable rules and
regulations governing pesticides and other chemicals used by the operator
and employ certain safeguards and safe operating practices to prevent spillage,
including:
(a)
Clean up and remove all containers at the end of each
day's activities.
(b)
Maintain all loading and mixing facilities.
(c)
Use dry break devices or equivalent couplings to the
aircraft loading receptacle to prevent leaks of all materials.
(d)
Aircraft and loading equipment will be positioned in
such a manner as to not interfere with normal aircraft operations at the airport.
(e)
In the event of a small pesticide or pesticide solution
spill, the contaminated surface material will be removed from the premises
and the area of the spill will be treated with SuperBugs or an equivalent.
In the event of a reportable amount of spilled pesticide, the operator will
contain the material and contact those agencies that DNR regulations require.
(8)
The operator will keep an appropriate spill kit on site
in a known and easily accessible location.
(9)
All chemicals kept or stored on the airport must be stored
in accordance with the material safety data sheet (MSDS) requirements for
that chemical. MSDS sheets for chemicals stored on the airport shall be made
available to the airport manager upon request.
A.
Statement of concept. This minimum standard covers a
noncommercial and nonprofit entity organized for the purpose of providing
its members with any number of aircraft for their personal use and enjoyment.
Aircraft must be vested in the name of the flying club owners on a pro-rata
share, and the club may not derive greater revenue from the use of the aircraft
than the cost to operate, maintain, and replace the aircraft.
B.
Minimum standards.
(1)
The club will keep current a complete list of the club's
membership and will make such list available to the owner.
(2)
The club's aircraft will not be operated by other
than bona fide members and will be operated by no one for hire, charter or
air taxi.
(3)
In the event that the club fails to comply with these
conditions, the owner will notify the club, in writing, of such violations.
The club shall have 14 days to correct such violations. If the club fails
to correct such violations, the owner may demand the club's removal from
the airport.
(5)
Aircraft maintenance performed shall be in accordance
with FAR. The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard includes,
but is not limited to, sky diving, parachuting and balloon flights.
B.
Minimum standards.
(1)
Aircraft, if any, will not be used for rental and will
be used by no one for hire, charter, air taxi or other commercial operations.
(2)
The area in which activities may be conducted will be
designated by the owner. This area may be changed from time to time as the
owner sees fit. No aeronautical activities may be conducted without permission
of the owner in advance.
(3)
A request to the owner at least 72 hours prior to each
aeronautical activity is required.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers a
lease or operating agreement for the conduct of other nonaviation activity
on the airport not specifically enumerated in this chapter.
B.
Minimum standards.
(1)
Any person(s), firm or legal entity wishing to obtain
the right to conduct and/or establish such other activity shall make application
to the owner. Such applicant shall submit the following:
(a)
A complete description of the type of activity proposed.
(b)
A listing and description of the types of vehicles, equipment
and machinery required for conduct of the activity.
(c)
Location of off-site storage facilities for machinery,
equipment or supplies.
(d)
A listing of and plan for the on-site handling of any
attendees, other persons and vehicles associated with the activity.
(e)
Dates and times for the proposed activity.
(2)
All lease/operating agreements for such other activities
shall include, among other things, a covenant reciting:
(a)
The owner's right to restrict, limit or otherwise
control such activity in any manner it sees fit to ensure safe and unimpeded
aeronautical activity at the airport;
(b)
The owner's right to designate areas for the activity
and to designate the type of security required in each such area; and
(c)
Such other restrictions or limitations which the owner
may deem appropriate.
(3)
All lease/operating agreements for such other activities
shall also include, among other things, a covenant reciting the tenant's
obligation and the lease/operator's obligation, in addition to all aforementioned
obligations, to protect the general public, customers or clients and the owner
from any and all damages, claims or liability, whether by the tenant, lease/operator
or others, relating to any monetary or other loss or damage in the conduct
of any such activity resulting from or alleged to have resulted from the owner's
exercise of its rights and privileges, whether specifically enumerated above
or not.
(4)
The following types of insurance may be required in amounts as set forth in § 62-5D: comprehensive public liability and comprehensive property damage, including vehicular.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers all
noncommercial aviation fuel users and is defined as the fueling of an aircraft
by the aircraft owner, their employees or pilot using pumps and equipment
installed for that purpose. The fueling facility may or may not be attended
by the FBO that owns/leases and operates the equipment. Only FBOs can sell
and provide for the into aircraft delivery of fuel.
B.
Minimum standards.
(1)
No person shall engage in the activity of storing, transporting
or dispensing of noncommercial aviation fuels except those persons holding
an approved written agreement with the owner.
(2)
At no time shall a noncommercial aviation user share,
sublease or in any other manner provide fuel or fueling facilities to any
other party.
(3)
The noncommercial aviation user shall install and maintain
all fuel facilities, including dispensing vehicles and underground storage
equipment located in the designated fuel storage area adjacent to the existing
fuel facility, in accordance with plans and specifications approved, in writing,
by the owner.
(4)
The noncommercial aviation user shall comply with all
local, state and federal laws and regulations governing the installation,
operation and maintenance, including environmental, of all fueling facilities,
equipment and dispensing trucks.
(5)
Dispensing trucks, bulk fuel trucks, emergency vehicles
and other vehicles approved by the owner shall be the only vehicles permitted
within the approved fuel activity area as designated by the owner.
(6)
All fuel storage shall be in underground tanks, with
only necessary equipment, such as valves, meters and vents, protruding above
ground.
(7)
Each prospective noncommercial aviation fuel user shall
submit to the owner a written proposal which sets forth the extent of operations,
to include fuel grades; insurance coverage; estimated annual volume; experience
and training of fuel handling personnel; type, size and condition of all fueling
facilities, monitoring and equipment to be used; assurance provisions for
the security and safety of the facility; and any cost that may be expected
by the owner.
(9)
The noncommercial aviation user shall pay to the owner a fuel flowage fee as outlined per § 62-21A.
(10)
The operator shall comply with all pertinent FAR requirements.
(11)
The operator shall conduct all operations in compliance
with all applicable local, state and federal regulations.
A.
Statement of concept. This minimum standard covers lease
or operating agreements for the conduct of agricultural activity on the airport.
B.
Minimum standards.
(1)
Any person(s), firm or legal entity wishing to obtain
the right to conduct and/or establish such an agricultural activity shall
make application to the owner. Such applicant shall submit the following:
(a)
A complete description of the type of activity proposed,
including but not limited to types of crops, methods of harvest and times
of on-site activity.
(b)
A listing and description of the types of machinery required
for conduct of the agricultural activity.
(c)
Location of off-site storage facilities for machinery,
equipment, supplies and harvested crops.
(d)
A plan for the maintenance of soil fertility, if the
proposed use is for more than a single growing season.
(2)
All lease/operating agreements for agricultural activities
shall include, among other things, a covenant reciting:
(a)
The owner's right to restrict, limit or otherwise
control such agricultural activity in any manner it sees fit to ensure safe
and unimpeded aeronautical activity at the airport.
(b)
The owner's right to designate areas for agricultural
activity and to designate the type of activity which can be conducted on each
such area. Such designation may include, but will not necessarily be limited
to, crop height, crop type, harvesting methods, days and hours of operation,
storage and staging area and areas of the airport where machinery and equipment
may not be operated, driven or stored.
(c)
Such other restrictions or limitations which the owner
may deem appropriate.
(3)
All lease/operating agreements for agricultural activities
shall also include, among other things, a covenant reciting the tenant's
obligation and the lease/operator's obligation, in addition to all aforementioned
obligations, to protect the general public, customers or clients and the owner
from any and all damages, claims or liability, whether by the tenant, lease/operator
or others, relating to any monetary or other loss or damage in the conduct
of any agricultural activity resulting from or alleged to have resulted from
the owner's exercise of its rights and privileges, whether specifically
enumerated above or not.
(4)
The following types of insurance are required in amounts as set forth in § 62-5D: comprehensive public liability and comprehensive property damage, including vehicular.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
Fuel flowage fee. The collection is hereby authorized
of a fuel flowage fee by the owner from all parties dispensing aviation fuel
at the airport. The fuel flowage fee shall be made to the operator/owner at
a rate and in a method described as follows:
(1)
FBO fuel delivered shall be subject to a fee per gallon
of fuel flowage as contained as a part thereof of Schedule F: Fee Schedule
of each fiscal year budget approval. All tenants dispensing fuel at the airport
shall deliver to the airport manager, within 5 days, a fuel delivery slip
which certifies the amount and type of fuel delivered. Within 30 days after
receiving a delivery of fuel to their premises, the FBO will pay the owner
the fee as outlined in Schedule F: Fee Schedule. Fees unpaid beyond the thirty-day
period shall incur interest at the rate of 1 1/2% per month.[1]
[1]
Editor's Note: Schedule F: Fee Schedule is on file in the City
offices.
(2)
Noncommercial aviation fuel users shall be subject to
a fee per gallon of fuel flowage as contained as a part thereof of Schedule
F: Fee Schedule of each fiscal year budget approval. All noncommercial fuel
users dispensing fuel at the airport shall deliver to the airport manager,
within 5 days, a fuel delivery slip which certifies the amount and type of
fuel delivered. Within 30 days after receiving a delivery of fuel to their
premises, the noncommercial fuel user(s) will pay the owner the fee as outlined
in Schedule F: Fee Schedule. Fees unpaid beyond the thirty-day period shall
incur interest at the rate of 1 1/2% per month.
B.
Other airport fees. The collection of other airport fees
by the owner are authorized to include, but not limited to the following and
are as contained as a part thereof of Schedule F: Fee Schedule of each fiscal
year budget approval.
B.
When any premises located in the City is owned, leased
or occupied by two or more persons as joint tenants, tenants in common, joint
lessees or in any other manner, each person shall see that the provisions
of this chapter are complied with, and each person may be subjected to a penalty
on violation of this chapter.
