In order to regulate the development and use of the airport,
an Airport Layout Plan (ALP), as revised, depicts those areas dedicated
to the specific uses described as follows:
A.
Municipal terminal area. This area shall be reserved for the public
terminal building and other public facilities.
B.
Utility and services area. This area shall be reserved for utility,
service, crash, fire and rescue and maintenance facilities operated
by the Commission.
C.
Commercial aviation area. This area shall be reserved for commercial
aviation business normally conducted by fixed-base commercial operators.
Allowable activities include, but are not limited to, aircraft sales
and rental, airframe power plant and instrument repair, aircraft fuel
and oil dispensing, flight training and air taxi service.
(1)
Minimum lot sizes and setbacks shall be in conformity with minimum
standards, and building heights shall conform to federal aviation
regulations.
(2)
The location of specialized commercial aviation businesses that pose
special safety and operational problems, such as agricultural spraying
facilities, shall be considered on an individual basis by the Commission.
D.
Multiple T-hangar area. This area shall be reserved for the location
of a multiple-unit T-hangar for the storage of aircraft. Aircraft,
vehicles and equipment shall be parked in a manner which does not
interfere with the movement of aircraft. Aircraft maintenance or repair
that creates a fire hazard or danger to other aircraft or property
of another is prohibited.
E.
Tie-down areas. These areas are reserved for long-term parking of
aircraft based on the airport or those transient aircraft remaining
overnight. Temporary tie-down areas will be designated by the Commission.
F.
Public apron areas. These areas are reserved for unloading passengers
and cargo, refueling aircraft and temporary parking of aircraft.
G.
Auto parking areas. These areas are reserved for automobile parking.
Temporary vehicle parking areas will also be designated by the Commission.
H.
Agricultural areas. These areas are reserved for agricultural purposes
under approved lease until such time as they are designated for other
purposes by the Commission.
I.
Industrial airpark area (private property). This area is privately
owned land adjacent to airport property.
(1)
Any proposal for leasing access from the industrial airpark area
to the airport will be reviewed on an individual basis by the Commission.
(2)
Persons owning property in the industrial airpark area must obtain
Commission approval before utilizing any property, for any reason,
between the industrial airpark property line and the industrial building
restriction line.
(3)
Persons purchasing property in the industrial airpark area shall
be required to sign a noise and aviation easement and nonsuit covenant.
(4)
Industrial airpark property lines and industrial building restriction
lines are to be included on the Airport Layout Plan.
J.
Hangar lease areas. These areas are reserved for the development
and placement of private hangars.
K.
Air cargo area. This area shall be reserved for the location of businesses
engaged in the transportation of everything except passengers and
baggage.
L.
Nonconforming uses.
(1)
At the time of revision of this chapter, nonconforming uses exist
as to Lot 6, subleased to Osceola Plumbing and Heating, Inc., and
Lot 11b, owned by Osceola Plumbing and Heating, Inc. Lots 6 and 11b
may be used for nonaviation purposes, provided that these premises
may not be sold, subleased or used by any other person or entity for
nonaviation use. To effect the nonaviation use permitted above, the
lessees of Lot 6 and the owners of Lot 11b shall erect a fence so
that the adjacent taxiway will not be used for ingress and egress
to these lots.
(2)
At the time of revision of this chapter, nonconforming use exists
as to 7.25 acres of land leased by Custom Fire Apparatus, Inc., for
the purpose of manufacturing fire-fighting equipment. Such lease emanates
from the Village and predates the jurisdiction of the Airport Commission.
The last amendment to such lease is dated April 13, 1993. That lease
governs the use of the subject premises.
A.
No person shall engage in any business or commercial activity on
the airport, except under the terms and conditions of an agreement
between that person and the Commission. Commercial operator leases
will be granted on the following basis:
B.
All tenants on the airport are required to enter into a written agreement
with the Commission for use of its facilities and lands.
C.
The agreement or lease shall be for a term to be mutually agreed
upon between the parties commensurate with the tenant's financial
investment and the airport owner's interests.
D.
The agreement or lease will provide for periodic negotiations or
adjustment of fees.
E.
Leases shall be paid for at rates established from time to time by
the Commission based upon the intended and actual end use of the facilities
and improvements thereon as set forth on Schedule B,[1] which may be amended from time to time by the Commission
by resolution without requiring any change or amendment to this chapter.
[1]
Editor's Note: Schedule B is on file in the Village offices.
F.
All leases shall prohibit the subleasing of the airport owner's
lot to any other person or entity; provided, however, that a lessee
may lease improvements or facilities made upon a leased lot to another
person or entity of its choice after first providing to the Commission
written notification that such a sublease will occur, the effective
date thereof and the name, address and telephone number of the intended
sublessee.
G.
All lessees who construct a hangar on the airport owner's property
shall provide an aircraft apron for all such hangars to accommodate
aircraft movement from the building to the taxiway.
H.
All leases shall provide a provision requiring the tenant to make
improvements upon the demised premises within one year of the date
of execution of the lease or within a time frame mutually agreed between
the parties.
I.
Any lease 60 days in arrears of payment after the annual review date
will be subject to termination of the agreement between the lease
holder and the Commission.
J.
The Commission will provide the Wisconsin Bureau of Aeronautics with
a complete copy of each current lease agreement.
K.
All operators shall have the right in common with others so authorized
to use all common areas of the airport, including pilot lounge, runways,
taxiways, aprons and roadways, and all other airport-owned assets,
such as navigation aids, lighting systems and flight planning equipment.
L.
Farm leases shall be granted on a yearly or multiyear basis using
a per-acre rate that will be established by sealed competitive bid.
Such farm leases will be granted, in writing, to the successful bidding
party selected by the Commission who desires to farm property of the
owner located at the airport.
M.
Any lease agreement shall be subordinate to the provisions of any
existing or future agreement between the Village, the State of Wisconsin
or the FAA relative to the operation or maintenance of the airport,
the execution of which has been or may be required as a condition
precedent to the expenditure of federal and/or state funds for the
development of the airport. Furthermore, any lease may be amended
to include provisions required by those agreements with the state
or the FAA.
A.
No privately owned vehicle shall enter, be driven upon or be operated
upon any airport runway, taxiway, ramp or tie-down area or any area
posted by signs restricting the entrance thereon, except:
(1)
Emergency equipment or service, maintenance and construction equipment
when engaged in performing official duties.
(2)
Vehicles operating on the airport proper with the permission of the
Commission.
(3)
Aircraft pilots who are driving vehicles to reach their aircraft,
launch site or hangar; provided, however, that such access shall not
include crossing a runway to reach the intended destination.
(4)
Vehicles involved in farming activities on the airport will operate
only in the designated agricultural areas and on approved routes to
and from the agricultural areas.
C.
No vehicle or trailer shall be left parked or unattended on any hangar
apron, airport ramp or on or near any taxiway or runway.
D.
Approved vehicles operating on ramps or taxiways will do so at a
speed not to exceed 10 miles per hour. No vehicle shall be driven
upon any road within the perimeter of the airport in excess of the
posted speed limit.
E.
All ground vehicle operations, including all aircraft operations,
on airport property shall be at the operator's own risk, and
the owner and the Commission shall not be liable for any claims arising
out of any such operations.
F.
The prohibition and limitations placed upon private vehicles by this
or other sections of the Village Code may be waived for special events
upon the majority vote of the Village Board and the majority vote
of the Airport Commission.
[Amended 8-9-2011 by Ord. No. 11-13]
A.
No pedestrian shall be allowed in restricted areas of aircraft parking
ramps or tie-down areas, except as follows:
B.
Pedestrian traffic is also restricted on any runway, taxiway and
outlying areas of the airport, except for employees of the owner,
members of the Airport Commission, government officials and contractors
engaged in airport construction or maintenance work. However, a person
may be allowed in otherwise restricted outlying areas of the airport
if that person is under the direct supervision of an aircraft operator
who is authorized to conduct operation in that area.
A.
Buildings to be constructed by lessees shall conform to all state
and local building codes. The Commission shall approve all building
plans for construction at the airport which fall below the threshold
requiring state-approved building plans. The Commission may provide
or participate in the installation of utility service up to the lessee's
property line. The lessee shall bear such cost on its leased property.
B.
Facilities and buildings on the airport will be used for aviation
purposes only, except as provided by previous agreements between the
Commission and a lessee. A privately owned hangar's primary use
must be for the storage of aircraft or aircraft parts and/or aviation-related
goods. Storage of nonaviation articles may be approved by the Commission
if such storage does not interfere with or restrict the primary use.
C.
Buildings will be maintained and kept in good repair so they remain
structurally sound and functional and do not present an unreasonable
potential hazard to property within or around them.
D.
Leased lots will be landscaped with grass or other ground cover to
prevent dirt, sand, rocks or other material from contaminating the
taxiways or ramps. The lots will be maintained to be aesthetically
consistent with the other hangar lots on the airport. Storage of parts
or materials outside a hangar or building is not permitted except
if specifically authorized by the Commission.
E.
Storage of flammable and/or hazardous materials and chemicals is prohibited in hangars and buildings or on airport property except as provided in Subsection E(1) to (6) below:
(1)
Aircraft oils and lubricants not to exceed 55 gallons.
(2)
Aircraft de-ice or anti-ice fluids not to exceed 110 gallons.
(3)
Paint, thinners and strippers not to exceed 25 gallons in aggregate.
(4)
Cleaning products and other miscellaneous products not to exceed
55 gallons or equivalent dry products in aggregate.
(5)
Heating fuels in approved containers.
(6)
Specific cases as approved by the Commission.
F.
Storage and use of all such materials shall be further subject to
all applicable local, state and federal ordinances and regulations.
G.
All leases between the Commission and the lessees of land at the
airport shall provide, without limitation based on enumeration, that
the lessee agrees to waive, indemnify and hold the owner and the Commission
harmless against any and all liability and claims of any nature whatsoever
for property, casualty and liability damage, injury or death arising
in any manner out of the lessee's or its employee's, agent's
or invitee's occupancy or use of the leased property, improvements,
personal property or aircraft, vehicles, equipment or fixtures located
thereon or therein.
