[Adopted 4-18-1995 by Ord. No. 10-1995]
This article shall be titled the "Adams County Airport Minimum
Standards and Procedures Ordinance."
The County Board's authority for adoption of this article is
§§ 114.105 and 114.14, Wis. Stats.
A.
The purpose herein is to:
(1)
Allow
for the establishment of a sound economic base upon which the airport
will thrive and experience a stable growth pattern;
(2)
Ensure
that the public receives reliable, safe, adequate and nondiscriminatory
aviation service; and
(3)
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
shall conduct their respective operations on the airport.
C.
The requirements, as set forth in these minimum 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.
A.
These minimum standards and procedures shall be implemented and enforced
by the County of Adams (hereinafter called the "County" or "owner")
and/or its appointed representatives.
B.
These minimum standards and procedures shall be published and shall
be considered a part of all leases/operating agreements which the
County may enter into relating to Adams County Airport.
C.
Any person(s), firm or legal entity wishing to obtain the right to
operate and/or establish a leasehold on or to the airport shall make
application to the County in the manner and form prescribed herein.
Application for permission to establish, acquire and/or use airport
land or any facilities thereon shall be exclusively within the purview
of the County. The County may, at its discretion, require the applicant
to submit any of the following information:
(1)
Applicant's legal name, address, and home and business telephone
numbers.
(2)
Applicant's primary business.
(3)
Applicant's express purpose in applying for lease/operating rights
on or to the airport.
(4)
Applicant's express intent for utilization of the land and/or facilities
to be leased and any services which are intended to be provided to
the public.
(5)
Applicant's estimate of costs which will be incurred for the development
and improvements of such leasehold or fee position applied for.
(6)
Applicant's schedule for commencement of operation and construction
of leasehold improvements.
(7)
Applicant shall provide, prior to commencement of any operation,
the names, addresses, telephone numbers, and qualifications of those
key personnel who will be involved with the day-to-day operation of
the business intended.
(8)
If applicant is a partnership, applicant shall provide names, addresses,
and telephone numbers of all partners.
(9)
If applicant is a corporation, applicant shall provide names, addresses,
and telephone numbers of all directors and officers of the corporation.
(10)
Qualified references attesting to the financial responsibility
and technical ability as related to the proposed type of business.
(11)
A current financial statement.
(12)
Proof of a current applicable activity license, or demonstration
of qualifications to obtain and maintain such license to the satisfaction
of the County.
For purpose of these minimum standards and procedures the following
definitions shall apply:
Any license, permit, or other authorization which is or may
be required by the United States, the state, the County, or any duly
authorized agency or subdivision thereof for the conduct of the applicant's
business.
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.
Includes any and all contrivances now or hereafter used for
navigation of or flight in air or space, including but not necessarily
limited to airplanes, airships, dirigibles, helicopters, and gliders.
The land and developments or improvements thereon which are
owned, leased, or otherwise controlled by the County of Adams or its
tenants and operated as the Adams County Airport.
That person(s), firm or legal entity desiring to acquire
use of a portion of the airport, obtain private access to, or establish
or use any facility on the airport for an aeronautical activity or
other purpose.
Any ongoing activity conducted at, on, or from the airport
by any person(s), firm or legal entity intended to result in monetary
gain to the party conducting such activity.
Any operator located on the airport and performing any one
or more of the following aeronautical functions:
FUEL SALESThis function shall include operators who provide line services, including the sale and into-plane delivery of aviation fuels, lubricants, and other related aviation petroleum products. This function shall include, in addition to the above, the necessary ramp assistance in the parking of such aircraft as may require the above services.
FLIGHT INSTRUCTIONThis function shall include operators who provide flight training and instruction of pilots and provide such related ground school instruction as is necessary preparatory to taking a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved.
AIRCRAFT CHARTER and AIR TAXIThis function shall include operators engaged in the business of providing air transportation (persons/property) to the general public for hire or on a charter basis (commercial operations) as defined in FAR Part 135.
AIRCRAFT RENTALSThis function shall include operators engaged in the rental of aircraft for operation by student pilots or other pilots not employed by the operator.
AIRCRAFT AIRFRAME AND POWER PLANT REPAIR AND MAINTENANCEThis function shall include operators engaged in the maintenance and repair of airplanes, power plants, propellers, and accessories. Included in this function shall be the sale of aircraft parts and accessories.
MULTIPLE SERVICESThis function includes operators engaged in any two or more of the commercial aeronautical functions hereinbefore defined.
The County of Adams, Wisconsin, and, as applicable, the Adams
County Airport Commission.
The Federal Aviation Administration.
Federal Aviation Regulations.
Include, but not necessarily limited to, any modifications,
alterations or repairs, either structural or architectural in nature,
performed at the sole cost and expense of the tenant. Any such improvements
shall be accomplished only after the County has approved the tenant's
written application requesting the same.
Any person(s), firm or legal entity who or which has applied
for and received written permission to engage in a commercial activity
on or from the airport and has entered into and executed the required
lease/operating agreement. An operator shall in all cases be a tenant.
The County of Adams, Wisconsin, operator of the airport.
An aircraft taxiway that connects adjoining private property
to the airport.
An individual hangar, or a hangar space in a larger building
("T" hangar), that is utilized primarily for the storage of aircraft
and in which, or from which, no commercial activities are engaged
in.
An operator engaged in air transportation for hire for the
purpose of providing the use of aircraft for any of the following
activities:
Nonstop sight-seeing flights that begin and end at the same
airport.
Crop dusting, seeding, and spraying.
Banner towing and aerial advertising.
Aerial photography or survey.
Firefighting.
Power line or pipeline patrol.
Any other operation specifically excluded from FAR Part 135.
Include, but not necessarily limited to:
The State of Wisconsin and, as applicable, the State of Wisconsin
Department of Transportation, Bureau of Aeronautics.
Any person(s), firm or legal entity who or which has applied
for and received written permission to establish a leasehold or other
right at, or to, the airport, whether for commercial activity or not.
Any aircraft that meets the FAR requirements for this type
of vehicle.
A.
It is the policy of the County to grant lease and/or operating rights
on the airport to those qualified applicants who have duly made application
for said lease rights in the manner and form prescribed.
B.
Upon the consideration of the applicant, the County shall determine
whether or not the applicant 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.
C.
It is the County'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 the current and
proposed usage for each identifiable area segment.
D.
All present tenants and operators conducting operations, or having
a leasehold, at the airport prior to the effective date of these minimum
standards and procedures may be allowed to continue for a period of
time without fully complying with these minimum standards and procedures,
so long as the County determines that the continuation of these operations
or leaseholds is in the public interest and does not conflict with
any FAA or state requirement, or if the County determines that it
would be an extreme hardship, financial or otherwise, for such operator
or tenant to fully comply with the minimum standards and procedures.
Any present tenant/operator who in accordance with this subsection
is not made to fully comply with these minimum standards and procedures
on their effective date shall, at the time of transfer or expiration
of such existing lease, or in any case no later than three years after
the effective date of these minimum standards, be required to comply
with all applicable provisions of these minimum standards and procedures.[1]
E.
All tenants/operators shall meet the minimum standards, as recited
herein, which pertain to their respective category or function, except
for those provisions exempted or modified by an approved lease or
agreement.
F.
It is the intent of the County to carefully examine each applicant,
who shall be responsible for providing satisfactory evidence of his
or its technical ability and financial responsibility, including the
capability to meet any insurance requirements as stated herein.
G.
The County may review the minimum standards and procedures for Adams
County Airport from time to time and make such revisions or amendments
as shall be deemed necessary. Upon enactment of any such revisions
or amendments, all operators and tenants shall be required to conform
to such revised or amended standards at the end of a period of time
as specified by the County.
I.
No person(s), firm, or legal entity shall act as an operator or 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 so act and has entered
into and executed a lease or operating agreement with the County.
Each approved applicant shall, within 60 days after having received
written approval of his application, be ready, willing, and able to
enter into a written lease or operating agreement with the County,
in a form and manner prescribed by the County. In the case of an air
charter operation which is not based at the Adams County Airport,
but which operates to and from the airport, the payment of all applicable
fees shall be deemed sufficient to meet the requirements of this subsection.
J.
It is the intention of the County to enter into and execute a lease
and/or operating agreement with the approved applicant as soon as
possible after such application is approved.
K.
No applications approved or lease and/or operating agreement executed
under these minimum standards and procedures shall be transferable
without first obtaining the prior written consent of the County. Sale
of a majority of voting stock of a corporation shall be deemed a transfer.
L.
All lease and operating agreements shall include a covenant reciting
the obligation to pay an amount for the basic annual lease fee for
the agreed space or right and/or an amount equal to a certain percentage
of the annual recognized gross receipts (RGR). Any sublease approved
by the County between the lessee and the sublessee shall provide that
the entire RGR (except for exclusions granted to the lessee) of the
sublessee shall be included in the RGR of the lessee for the purpose
of computing the percentage figure for the County.
M.
With regard to airport land having access to the airport runway/taxiway
system, it is the intent of the County to restrict the amount of land
leased to any operator/tenant to the minimum area reasonably required
for the specific aviation purposes which the operator/tenant agrees
to conduct on the leased area within two years of the effective date
of the lease. The County will include a provision in each lease providing
for the termination of the operator/tenant's rights on the leased
area, or any portion thereof, on which the operator/tenant has not
made improvements or otherwise utilized for an approved aviation purpose
within two years.
N.
Revenue-producing activities, not covered by an operating agreement,
shall not be conducted on the airport except by special written permission
of the County.
O.
No operator, tenant, or any individual or employee of the foregoing
may dispense any aircraft fuel on the airport unless such person shall
have first completed any safety course prescribed by the County related
to such operations. Such course will be provided by the County without
cost to attendees at such time and location as the County sees fit.
Attendance at such course(s) shall not imply any responsibility or
liability for the actions, conduct, or subsequent activities of such
person or any results thereof.
P.
Tenants/operators shall handle, store, and dispose of hazardous materials
pursuant to federal and state regulations.
Q.
Tenants/operators shall handle flammable and combustible liquids
in compliance with Chapter ATCP 93, Flammable, Combustible and Hazardous
Liquids, of the Wisconsin Administrative Code. Such liquids shall
be disposed of in accordance with applicable federal and state regulations.
R.
All aircraft operated by a tenant/operator based at the airport shall
be properly registered with applicable authorities.
A.
In all instances, unless provided otherwise in the lease/operating
agreement, title to the leasehold improvements purchased and/or made
by the tenant/operator shall remain with the tenant/operator. Upon
termination of the lease, the County shall have first right of refusal
on the purchase of these leasehold improvements. This option shall
be decided on by the County within two months of the expiration of
said lease/operating agreement. If the County declines to purchase
the leasehold improvements, the tenant has 120 days to sell the leasehold
improvements to a third party or remove all leasehold improvements
and return the leased property to its original condition.
B.
In the event that construction and/or improvement schedules provided for in the lease/operating agreement are not met or complied with, at the option of the County the lease/operating agreement shall be terminated and all existing leasehold improvements, whether or not complete, shall be handled as in Subsection A above. Before taking title to these leasehold improvements, the County may require waivers of lien to be provided from all contractors, subcontractors, or suppliers of any labor, supplies, equipment or services involved in such improvements. When so requested, the tenant/operator shall provide or cause to be provided such waivers of lien within 30 days of such written request. The County may, at its option, extend the time for completion of such improvements for a period not to exceed 60 days. More than one such extension may be granted.[1]
A.
Operator/tenant covenants to conduct his/her business on the premises
for the use and benefit of the public.
B.
Operator/tenant shall furnish good, prompt, and efficient service
adequate to meet all reasonable demands for its service at the airport.
C.
Operator/tenant shall furnish said service on a fair, equal, and
nondiscriminatory basis for all users thereof.
D.
Operator/tenant shall charge fair, reasonable, and nondiscriminatory
prices for each unit of sale or service, provided that the operator
may be allowed to make reasonable and nondiscriminatory discounts,
rebates, or other similar types of price reductions to volume purchasers.
E.
The County reserves the right to further develop or improve the landing
area of the airport as it sees fit, regardless of the desires or views
of the operators/tenants, and without interference or hindrance.
F.
The County reserves the right to take any action it considers necessary
to protect the aerial approaches of the airport against obstruction,
together with the right to prevent a tenant from erecting, or permitting
to be erected, any building or other structure on the airport which,
in the opinion of the County, would limit the usefulness of the airport
or constitute a hazard to aircraft.
G.
Any lease/operating rights agreement shall be subordinate to the
provisions of any existing or future agreement between the County
and the United States or the state, 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 or state funds
for the development of the airport.
H.
The County reserves the right, but shall not be obligated to the
tenant, to maintain and keep in repair the landing area of the airport
and all publicly owned facilities on the airport, together with the
right to direct and control all activities of the tenant in this regard.
I.
The tenant, agents, and employees will not discriminate against any
person or class of persons by reason of race, color, sex, creed, or
national origin in providing any services or in the use of any facilities
provided for the public, in any manner prohibited by federal or state
statute.
J.
The tenant agrees to comply with such enforcement procedures as the
United States and state might demand of the County in order to comply
with the sponsor's assurances.
K.
It should be clearly understood by the operator that no right or
privilege has been granted which could cause to prevent any person,
firm or corporation operating aircraft on the airport from performing
any services (including but not limited to maintenance and repair)
on its own aircraft with its own regular employees that it may choose
to perform outside of the leasehold area of the operator.
L.
Each tenant will be required to landscape his leasehold and maintain
it in a neat, clean, and aesthetically pleasing manner.
M.
Each tenant shall provide for the adequate and sanitary handling
and disposal, away from the airport, of all trash, waste, and other
materials. The outside storage of crates, boxes, or barrels will not
be permitted within the leasehold.
N.
All leasehold improvements by operator or tenant shall be made in
strict compliance with construction specifications promulgated by
the County, state, or United States as they apply to an airport. Prior
to the construction or display of any commercial exterior signing,
written approval must be obtained from the County.
O.
Each airport operator shall protect the general public, customers
or clients, and the County from any and all damages, claims, or liability,
and it shall provide types of insurance required in the applicable
category(s) and written in such amounts as specified by the County.
The County shall be an additional named insured in any such tenant
policy, and a certificate of insurance evidencing the same and the
required coverage shall be delivered to the County Corporation Counsel
prior to the signing of a lease for airport property. The certificate
of insurance shall also provide that the County will be notified by
the insurance company, in writing, 10 days before the expiration date
of such policies.
P.
All tenants shall conform to and abide by all rules and regulations
of the FAA, the Wisconsin Bureau of Aeronautics and the County. In
this regard, tenants shall require that aircraft that they own, operate,
or make available have proper certificates and that such aircraft
are operated by personnel who hold appropriate and current FAA pilot
and medical certificates.[1]
Q.
Whenever the United States, the state or the County shall require
any license or permit for the conduct of any activity proposed by
the tenant or operator, such tenant or operator shall provide the
County with a copy of such license or permit. Such operator or tenant
shall further provide the County with a copy of any renewal, modification,
change, or update in such license or permit.
R.
No construction of any kind shall be done at the airport without
the prior written approval of the County, and no such approval shall
be granted unless such construction and design are consistent with
the latest approved master plan or airport layout plan for the development
of said airport. Construction shall be completed within two years
of the date of such written approval and shall be subject to applicable
ordinances of Adams County.
S.
Ramp space other than that specifically leased to any tenant/operator
shall be for the use by the general public only. No tenant/operator
shall be permitted to use any portion of public ramp space for his/her
exclusive use or to use any such ramp space as a parking or tie-down
area.
T.
All nonairworthy aircraft not in an enclosed structure shall be moved
into an enclosed structure or removed from the airport at the operator's/tenant's
expense on 30 days' written notice from the County to the operator/tenant.
Aircraft with visible accident damage shall be placed in an enclosed
structure, covered so as to be hidden from view or removed from the
airport within 48 hours of release by the accident investigation team
and/or insurance company.
U.
In the event of any conflict between the terms of these minimum standards
and procedures for Adams County Airport and the provisions of any
lease of a portion of the airport property or an operating agreement,
the terms of the lease/agreement shall be controlling.
V.
Each agreement between a commercial aeronautical operator and the
County shall require that any other aeronautical operation conducted
by said operator within 25 miles of the airport shall include the
gross income from such off-premises operation in the report to the
County of the recognized gross revenue (RGR) for the purpose of determining
the amount due the County under that agreement.
W.
Nothing in these minimum standards and procedures for Adams County
Airport shall be construed as the conferring of a positive privilege
and/or exclusive rights to do business on the airport, irrespective
of any existing agreement between the County and the operator/tenant.
Any subsequent grant of federal funds administered by the FAA requires
the County not to permit the establishment of an exclusive right to
engage in any aeronautical activities in the future and to terminate
any existing agreement which permits such an exclusive right as soon
as possible.
A.
Unless specifically provided otherwise in the minimum standards and
procedures for a specific function/category of commercial aeronautical
activity, the operator shall lease from the County an area of not
less than 9,000 square feet of ground space on which shall be erected
a building to provide at least 2,000 square feet of floor space for
aircraft storage, office/customer lounge and restroom(s), which shall
be properly heated and lighted, and shall provide telephone facilities
for customer use.
B.
The operator shall ensure that there is adequate auto parking space
to accommodate all of the operator's employees and customers.
C.
If not already in existence, the operator shall provide a paved taxiway
to accommodate aircraft movement from the operator's facilities to
the airport taxiway system.
A.
Fuel sales include the sale and into-plane delivery of aviation fuels,
lubricants, and other related aviation petroleum products. The operator
may provide such minor repair service that does not require a certified
mechanic, and cabin services, to general aviation aircraft as can
be performed efficiently on the ramp or apron parking area, but only
within the area leased to the operator.
B.
The operator shall lease the equivalent area of two tie-downs on
the apron parking area for purposes of fueling aircraft. If no other
office spaces are available to the operator, use of the airport office
must be leased.
C.
The operator shall provide storage facility for a minimum 10,000
gallons capacity for a single grade of AVGAS as well as metered, filter-equipped
dispensers, fixed or mobile, for dispensing fuel. The operator shall
ensure that there are grounding facilities at the fueling dispensers
to eliminate the hazards of static electricity.
D.
In conducting refueling operations, the operator shall ensure the
use of the grounding facilities at fueling locations to eliminate
the hazard of static electricity. The operator shall also provide
fire extinguisher or other equipment approved by the National Fire
Protection Association, of such types and in such numbers as are commensurate
with the hazards involved in refueling and servicing aircraft.
E.
The operator shall pay a fuel flowage fee to the County and shall
maintain an accurate record of all deliveries of aviation fuel and
oil, and such record shall be subject to examination and audit by
the owner or its representative.
F.
The operator shall, at a minimum, provide on-call aircraft fueling
service during all daylight hours. The operator shall post in a conspicuous
place in the vicinity of the fuel pump the telephone number(s) to
call for fuel service.
A.
A flight instruction operator engages in instructing pilots in dual
and solo flight training and provides such related ground school instruction
as is necessary to taking a written examination and flight check ride
for the category or categories of pilots' licenses and rating involved.
B.
The operator shall lease from the owner, sublease from another tenant,
or otherwise provide 350 square feet of floor space for office/classroom/briefing
room and restroom(s) which shall be properly heated and lighted and
shall provide telephone facilities for customer use.
C.
The operator shall have available for use in flight training, either
owned or under written lease to the operator, at least one properly
certificated aircraft. The aircraft shall be equipped consistent with
the types of flight instruction offered.
D.
The operator shall make provisions for such services four hours daily,
five days a week on at least an on-call basis.
E.
The operator shall provide the County with copies of the flight instructors'
pilot certificates.
F.
The granting of an operating agreement under this section shall not
in any way be considered an exclusive right to conduct such business
on the airport.
A.
An aircraft charter and air taxi operator engages in the business
of providing air transportation (person or property) to the general
public for hire, either on a charter basis or as an air taxi operator,
as defined by the FAR.
B.
The operator shall lease from the owner, sublease from another tenant
or otherwise provide at least 350 square feet of floor space for office,
customer lounge, and restroom(s) which shall be properly heated and
lighted and shall provide telephone facilities for customer use.
C.
The operator shall provide, either owned or under lease to the operator,
at least one single-engine four-place aircraft which meets the requirements
of the air taxi commercial operator certificate held by the operator,
including instrument operations.
E.
The operator shall employ at least one pilot appropriately rated
by FAA to permit the flight activity offered by the operator.
F.
The operator shall provide the County with copies of the air taxi
commercial operator certificate and the pilots' certificates.
A.
An aircraft lease or rental operator engages in the rental or lease
of aircraft to the general public.
B.
The operator shall lease from the owner, sublease from another tenant
or otherwise provide 350 square feet of floor space for office/classroom/briefing
room and restroom(s) which shall be properly heated and lighted and
shall provide telephone facilities for customer use.
C.
The operator shall have for rental, either owned or under written
lease to the operator, not fewer than two certified and currently
airworthy aircraft, at least one of which has no fewer than four places
and at least one of which must be equipped for and capable of use
in instrument conditions.
D.
The operator shall have on hand, at all times, proper checklists
and operating manuals for each and every aircraft available for rental.
E.
The operator shall provide at least on-call service eight hours daily,
six days per week.
F.
The operator shall employ not fewer than one flight instructor having
a current commercial pilot license with an instrument rating.
A.
An aircraft airframe, power plant and accessory repair and maintenance
operator provides one or a combination of these overhaul and repair
services on aircraft. This category shall also include the sale of
aircraft parts and accessories, but such is not an exclusive right.
B.
The operator shall lease from the owner an area of not less than
9,000 square feet of ground space on which shall be erected a building
to provide 2,000 square feet of floor space for airframe, engine and
accessory repair services, all meeting with local and state industrial
code requirements, and at least 350 square feet of floor space for
office, customer lounge, and restroom(s) which shall be properly heated
and lighted, and telephone facilities for customer use.
C.
The operator shall lease from the owner one aircraft tie-down space.
D.
The operator shall provide sufficient equipment, supplies, and availability
of parts equivalent to that required for certification by the FAA
as an approved repair station.
E.
The operator shall have these services available eight hours daily,
five days per week.
F.
The operator shall employ not fewer than one person currently certificated
by the FAA with ratings appropriate to the work being performed.
A.
A multiple services operator engages in any two or more of the aeronautical
services for which minimum standards have been hereinbefore provided.
B.
The operator shall lease from the owner ground space at least equal
in area to the highest of the minimum square footage requirements
set forth for the several services to be provided. A building shall
be provided on the leased area, and such building shall at least meet
the largest of the minimum floor area requirements for the several
services to be provided. The owner reserves the right to require the
leased area and/or building floor space to be greater than the aforementioned
minimums if, in the owner's opinion, such increased requirements are
necessary or desirable to properly accommodate the multiple services
to be provided. In no case will the owner require the leased land
area to be greater than the sum of the several services to be provided,
and in no case will the owner require the floor space area to be greater
than 50% of the sum of the requirements for the same as specified
for the several services to be provided, or the largest of the minimum
floor requirements for the several services, whichever is larger.
C.
The operator shall provide the facilities, equipment, services, licenses,
and certificates required to meet the minimum standards as hereinbefore
provided for each aeronautical service the operator is performing.
D.
The operator shall comply with the aircraft requirements, including
the equipment thereon, for each aeronautical service to be performed,
except that multiple uses can be made of all aircraft except those
aircraft used for crop dusting, aerial application, or other commercial
use of chemicals.
F.
The operator shall adhere to the hours of operation required for
each aeronautical service being performed.
G.
The operator shall have in his employ, and on duty during the appropriate
business hours, trained personnel in such numbers as are required
to meet the minimum standards for each aeronautical service the operator
is performing as hereinbefore provided. Multiple responsibilities
may be assigned to meet the personnel requirements for each aeronautical
service being performed by the operator, except that such multiple
responsibilities may not be assigned to the FAA certificated aircraft
repair shop personnel.
A.
A specialized commercial flying services operator engages in air
transportation for hire for the purposes of providing the use of aircraft
for the activities listed below:
(1)
Nonstop sight-seeing flights that begin and end at the same airport.
(2)
Crop dusting, seeding, and spraying.
(3)
Banner towing and special advertising.
(4)
Aerial photography or survey.
(5)
Power line or pipeline patrol.
(6)
Any other operations specifically excluded from Part 135 of the Federal
Aviation Regulations.
B.
The operator shall lease land from the owner and the lease shall
include a building sufficient to accommodate all activities and operations
proposed by the operator. The minimum areas in each instance shall
be subject to the approval of the owner.
C.
In the case of crop dusting, aerial application, or other commercial
use of chemicals, the operator shall provide a centrally drained,
paved area of not less than 2,500 square feet for aircraft loading,
washing and servicing, or other washing and servicing facilities acceptable
to the County. Such facilities will be in a location on the airport
which will provide the greatest safeguard to the public. The operator
shall provide the County with copies of all applicable permits and
approvals as may be required by the Wisconsin Department of Natural
Resources, the United States Environmental Protection Agency or other
applicable regulatory agencies.
D.
In the case of crop dusting or aerial application, the operator shall
provide tank trucks for the handling of liquid spray and mixing liquids.
The operator shall also provide adequate ground equipment for the
safe handling and loading of dusting materials.
E.
The operator shall demonstrate the availability of an adequate number
of suitably equipped aircraft for the particular type of operation
to be performed.
F.
The operator shall employ, and have on duty during the appropriate
business hours, not fewer than one pilot holding a current FAA commercial
certificate, properly rated for the aircraft to be used and the type
of operation to be performed, and one other person to assist in the
loading and servicing of aircraft.
A.
This section shall apply to all person(s), firms, or legal entities
who or which desire to lease a parcel of land on the airport on which
a private hangar is, or will be, sited for the primary purpose of
storing aircraft.
B.
No commercial activity will be conducted in, or from, a private hangar.
C.
The tenant shall conduct only such aircraft maintenance on its own
aircraft as is performed by the tenant or by regular employees of
the tenant.
D.
The tenant shall have the right to erect and maintain buildings or
structures upon said leasehold, provided that such buildings and structures
conform to the FAA Standards for Specifying Construction of Airports
and all other applicable federal, state, and County building codes
and other rules and/or regulations controlling construction on the
airport.
E.
Any modification or alteration, either structural or architectural,
which is more than minor in nature, made to the leasehold improvements
shall be accomplished only after the County has approved the tenant's
written application requesting the same.
F.
The following hangar building guidelines shall also apply to any
person(s), firm, or legal entity who or which intends to construct
a private hangar on a leasehold at the airport:
(1)
A copy of the hangar building guidelines and a hangar site map shall
be provided to the prospective tenant.
(2)
At least 90 days prior to the proposed construction start date, the
hangar site layout and at least preliminary hangar drawings must be
submitted to the County Airport Commission for approval of the hangar
site selection.
(3)
At least 60 days prior to the proposed construction start date, construction
plans of the proposed hangar along with the hangar site layout must
be presented to the County Airport Commission for approval. A properly
executed private hangar area lease must also be presented before final
written approval will be given for construction.
(4)
Construction plans and an approval form from the County Airport Commission
must be submitted to the County Planning and Zoning Department and
a building permit obtained before any site preparation or construction
is begun.
(5)
Minimum hangar size shall be 30 feet by 40 feet (a "T" hangar with
these overall dimensions meets this criteria).
(6)
Minimum building setback from a lot line adjoining a taxiway (existing
or proposed) shall be a minimum of 30 feet (42 1/2 feet from
the taxiway center line).
(7)
Minimum building setback from a lot line not adjoining a taxiway
shall be a minimum of 10 feet. When the main hangar doors are of the
overhead or bifold type, this setback may be reduced to a minimum
of five inches.
(8)
External construction of the hangar shall be metal with the possible
exception of doors, windows, and skylights.
(9)
Any variances from these hangar building guidelines must be approved
in advance by the County Airport Commission.
G.
The tenant understands and agrees that the lease fee shall be subject
to reexamination and readjustment at the end of every two years that
the lease is in effect, provided that any readjustment of the lease
fee shall be reasonable. Further, the owner agrees to give the tenant
60 days' written notice of intent to adjust or increase the lease
fee.
H.
The tenant shall have the right to the nonexclusive use, in common
with others, of the airport parking areas, appurtenances and improvements
thereon; the right to install, operate, maintain and store, subject
to the approval of the owner in the interests of safety and convenience
of all concerned, all equipment necessary for the safe hangaring of
the tenant's aircraft; the right of ingress to and egress from the
leasehold, which right shall extend to the tenant's employees, guests,
and patrons; and the right, in common with others authorized to do
so, to use common areas of the airport, including runways, taxiways,
and aprons for the ground operation, takeoff and landing of aircraft.
I.
The tenant agrees to observe and obey during the term of the lease
all laws, ordinances, rules and regulations promulgated and enforced
by the County and by other proper authority having jurisdiction over
the conduct of operations at the airport.
J.
The tenant agrees to hold the owner free and harmless from loss from
each and every claim and demand of whatever nature that may be made
upon the behalf of any person or persons for any wrongful act or omission
on the part of the tenant, his agents or employees, and from all loss
or damages by the reason of such acts or omissions.
K.
The tenant agrees that flammable and combustible liquids will be
handled and stored in compliance with Chapter ATCP 93, Flammable,
Combustible and Hazardous Liquids, of the Wisconsin Administrative
Code. Such liquids shall be disposed of in accordance with applicable
federal and state regulations.
L.
The tenant shall maintain the leasehold and improvements thereon
in good order. In the event of fire or other casualty to structures
owned by the tenant, the tenant shall either repair or replace the
structures or remove the damaged structure and return the leasehold
to its original condition; such action shall be accomplished within
120 days of the date the damage occurred. Upon written petition by
the tenant, the owner may grant an extension of time if it appears
such extension is warranted.
M.
The owner reserves the right to enter the leasehold, and improvements
thereon, after or upon reasonable notice to the tenant for the purpose
of making any inspection it may deem expedient to the proper enforcement
of any covenant or conditions of this agreement. For safety purposes,
owner reserves the right to call for inspections by the Fire Department.
N.
The tenant shall pay all taxes or assessments that may be levied
against the personal property of the tenant or the improvements which
the tenant may make to the leasehold.
O.
The tenant agrees that no exterior signing may be displayed without
obtaining written approval from the owner.
P.
Default.
(1)
The tenant shall be deemed in default of this agreement upon:
(a)
Failure to pay the lease fee within 30 days after the billing
date.
(b)
The commencement of a proceeding for dissolution or for the
appointment of a receiver.
(c)
Violations of any restrictions in the lease/agreement; violation
of any applicable sections of the minimum standards and procedures
for Adams County Airport; or failure to keep any covenants after written
notice to cease such violation and failure to correct such violation
within 30 days.
(2)
Default by the tenant shall authorize the owner, at its option and
without legal proceedings, to declare the lease void, cancel the same,
reenter and take possession of the leasehold.
Q.
Title to the buildings erected by the tenant on the leasehold shall
remain with the tenant. Upon termination of this lease, the tenant
shall offer to sell to the County at fair market value all buildings
and improvements. The County has the first right of refusal for a
period of 60 days. Tenant has 120 days to sell to a third party or
remove the buildings and restore the leasehold to its original condition.
R.
The County shall maintain all publicly owned areas and facilities
on the airport. This shall include, but not be limited to, snow removal
from the runway(s), primary taxiways and areas of parking aprons,
and other taxiways that are not otherwise under lease to tenants/operators
and grass cutting of appropriate areas, as determined by the County,
not under lease to tenants/operators.
S.
The tenant may not, at any time during the time of the lease/agreement,
assign, hypothecate, or transfer said lease/agreement or any interest
therein without the written consent of the owner.
T.
The County reserves the right to further develop or improve the landing
area of the airport as it sees fit, regardless of the desires or views
of the tenant, and without interference or hindrance. Any lease/operating
rights agreement shall be subordinate to the provisions of any existing
or future agreement between the County, the United States or the state,
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, the lease may be amended to include provisions
required by those agreements with the United States or the state.
U.
The County shall have the option, when in the express opinion of
the duly authorized subunit of County government having jurisdiction
over the airport property and its appurtenances thereto it is determined
that it is in the best interests of Adams County, to terminate the
private hangar area lease. Upon 60 days' written notice of such vote
the lease shall be null and void, and the tenant shall have vacated
and have removed all property from the premises by the end of the
sixty-day period.
V.
No utility lines, including but not limited to electrical power lines,
shall be placed in such a manner that any line extends over any runway,
taxiway, or other pathway for the movement of aircraft. Utility lines
that are in existence at the time of enactment of this subsection
need not be removed except as follows: if any new hanger is built,
or if any existing hanger is altered or modified in such a way that
the electrical service entrance is substantially modified, then any
utility lines serving such hanger or pole are to be brought within
compliance with this subsection. No application for any construction,
alteration, or modification of a hanger shall be approved unless the
proposed construction, alteration, or modification complies with this
subsection.
[Added 4-18-2000 by Ord.
No. 15-2000]
A.
Private property access is herein defined as an access to the landing
area of a public airport by aircraft based on adjacent, off-airport
property.
B.
The airport already has some such accesses in existence and it is
incumbent upon the County to provide for the safe operation of all
aircraft on the airport.
C.
The County allows that private property/adjacent property accesses
entered into by the County and adjacent property owners as of June
1995 shall remain in existence pursuant to the terms and conditions
of such lease agreements.
[Amended 3-19-2002 by Ord. No. 14-2002]
D.
Any lease access agreements entered into between the County and any
person(s), firm or legal entity shall be in a form approved by both
the FAA and the state.
E.
The tenant shall not operate any commercial aeronautical services
on or from the adjacent property unless the tenant has a commercial
aeronautical lease.
F.
The tenant shall utilize the private access only for ingress and
egress of tenant's aircraft and the aircraft of tenant's guests and
invitees. The private access is not intended to be utilized by vehicular
traffic.
G.
The tenant shall be responsible for maintaining that portion of the
private access that lies on airport property between the tenant's
property and the nearest appropriate point on an airport taxiway or
runway.
I.
The tenant shall not install commercial aviation gasoline storage or dispensing equipment or other commercial aircraft servicing facilities on the premises during the time the lease access agreement is in force without meeting the requirements of Subsection E above.
J.
The tenant shall not assign or transfer the lease access agreement
or any interest therein in any manner, while he/she owns the land,
without prior written approval of the County.
K.
The tenant shall hold the County free and harmless from loss from
each and every claim and demand of whatever nature made on behalf
of or by any person or persons for any wrongful, careless or negligent
act or omission on the part of said tenant, his agents and employees,
and from all loss and damages by reason of such acts or omissions.
L.
The tenant shall agree that, during the time of war or national emergency,
the County shall have the right to lease the landing area, or any
part thereof, to the United States government for military use, and
if such lease is executed, the provisions of the access lease agreement,
insofar as they are inconsistent with the provisions of the lease
with the United States, shall be suspended.
M.
The access lease agreement shall be subordinate to the provisions
of any existing or future agreement between the County, the United
States or the state, 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, the lease may be amended
to include provisions required by those agreements with the United
States or the state.
N.
The tenant shall agree that if it no longer desires the ingress and
egress privileges of the private access lease or if any of the terms
or conditions of said agreement are violated, that said agreement
can be terminated with due notice, and all rights of ingress and egress
to the airport can be withdrawn. Upon termination of said agreement,
the County shall have the option to close the access to the adjoining
property and erect an adequate boundary fence.
O.
The tenant shall comply with all airport rules and regulations and,
when operating aircraft under the access lease agreement, the tenant
will follow the good operating practices as outlined in the Airmen's
Information Manual, basic flight information and ATC procedures sections,
and in particular Paragraph 157, Traffic Advisory Practices at Uncontrolled
Airports.
P.
The access lease agreement shall be binding upon heirs, successors
and assigns of the tenant and County and, further, be recorded with
the County Register of Deeds and shall run with the land while in
existence.
Q.
The tenant shall pay to the County for the access lease agreement
the sum of a normal hangar area (100 feet by 60 feet) lease fee as
charged by the County to others leasing a hangar area.
R.
When a private access provides ingress and egress for more than one
owner of adjoining property, each adjoining property owner must execute
a separate access lease agreement and pay to the County the appropriate
lease fee.
S.
The tenant understands and agrees that the lease fee shall be subject
to reexamination and readjustment at the end of every two years that
the lease is in effect, provided that any readjustment of the lease
fee shall be reasonable. Further, the owner agrees to give the tenant
60 days' written notice of intent to adjust or increase the lease
fee.
A.
Each flying club operating from the airport must be a nonprofit Wisconsin
corporation or partnership or demonstrably affiliated with the same.
Each member must be a bona fide owner of the aircraft or a stockholder
in the corporation or, in the case of a parent corporation or institution,
each member must be currently employed by or enrolled in the same.
B.
The club's aircraft will not be used for hire, charter, air taxi,
or other commercial operations. Flight instruction may be given in
the club aircraft.
A.
This section covers all noncommercial activities conducted by clubs
or associations not specifically included in the foregoing sections
and includes, but is not limited to, skydiving, parachuting, balloon
flights, operation of ultralight aircraft, and model or radio-controlled
aircraft flights.
B.
No individual shall engage in any activity listed in Subsection A above unless such activity is part of an approved function of the club or association.
C.
The area in which the club's or association's activities may be conducted
will be designated by the County. This area may be changed from time
to time as the County sees fit and may or may not correspond to its
leasehold. No activities may be conducted by the club or association
except ground activities on its leasehold without permission of the
County in advance.
A.
Fuel flowage fee. The County shall collect a fuel flowage fee from
all operators dispensing aviation fuel at the airport. The fuel flowage
fee paid to the County shall be at the rate, and in the method, as
agreed to in an operating agreement.
B.
Aircraft parking fees. The County may collect a parking fee from
owners of all aircraft which are parked at the airport for a period
in excess of 15 days in areas not leased to a tenant. The parking
fee, as set from time to time by the County, shall apply to all makes
and types of aircraft, whether individually or corporate owned. The
parking fee may be paid in advance to the County as well as providing
the pilot's name, address and telephone number. Otherwise a bill will
be sent to the registered owner of the aircraft and payment will be
due 30 days following the billing date. Bills past due more than 60
days from date of billing will incur interest at the rate of 1 1/2%
per month. The County may collect these parking fees on its own or
may contract the collection of these fees to an agent or agents.
C.
Automobile (vehicle) parking fees. The County may collect an automobile
(vehicle) parking fee for vehicles not otherwise authorized by the
County to park for extended periods in the parking lot. The parking
fee may be collected from the driver/owner of automobiles, vans, motor
homes, trucks, motorcycles, or other vehicles parked in the parking
lot for a period in excess of 15 days. The rate, as set by the County
from time to time, shall apply to all these types of vehicles. Bills
will either be placed on the vehicle or sent to the registered owner
of the vehicle and payment will be due 15 days following the billing
date. In the event the bill is unpaid after 30 days from the date
of billing, the amount of the bill will double. The County may collect
these parking fees on its own or it may contract the collection of
part or all the fees to an agent or agents.
A.
Any person(s), firm or other legal entity wishing to become an operator
for the purposes of providing automobile rental service at the airport
shall make application to the County in the manner hereinbefore prescribed.
No automobile rental business shall be conducted on the airport except
in locations approved by the County. Such location must be within
the existing building of an operator/tenant unless the following conditions
are met:
(1)
The operator shall lease from the County an area of not less than
6,000 square feet of ground space on which shall be erected a building
to provide at least 250 square feet of floor space to house all equipment,
and to provide an office, customer lounge and restroom(s), all properly
heated and lighted, and shall provide telephone facilities for customer
use.
(2)
The operator shall provide adequate auto parking space within the
leased area to accommodate all employees and customers.
B.
The operator shall have available, either at the airport or at a
reasonably proximate off-airport location, a reasonable number of
passenger vehicles for rental. Said vehicles shall not be used as
taxicabs, nor shall they be used as chauffeur-operated vehicles from
the airport to points within Adams County. The operator shall provide
prompt, convenient transportation to convey customers to/from the
off-airport location where operator's vehicles are stored.
C.
The operator shall provide in the lease area, or lease in the County's
parking lot, a minimum of two ready car spaces. Said ready car spaces
shall be for the sole use of the operator for the return of rental
cars by customers. The operator shall not store rental vehicles in
the County's parking lot or elsewhere on the County's property except
in the ready car spaces or in the other areas leased to the operator.
D.
The operator shall furnish, install, and maintain a sign advertising
the operator's automobile rental business in the area leased to the
operator and visible from the exterior of the building. The location,
design, and character of said sign shall be subject to the approval
of the County and shall not be larger than 18 feet by 36 feet in size.
The sign shall not include any advertisement of operator's rental
rates.
E.
The operator shall have a counter, or portion of a counter, on the
leased area, for the exclusive purpose of conducting operator's automobile
rental business.
F.
The operator shall obtain, and maintain at all times, insurance policies
of the types and in the amounts required by the County.
G.
The operator shall furnish, install, and maintain small signs acceptable
to the County, at the ready car spaces, for the purpose of restricting
the use of such spaces to the operator.
H.
The operator shall keep his automobile rental business open for such
periods each day and on such days each week throughout the year as
may be required by the County to meet the reasonable demands for the
services provided by the operator. The operator's business shall also
be considered open when there is an employee of the operator available
by telephone at an off-airport location, and the employee at such
other location is ready, willing, and able to provide prompt service
to an automobile rental customer.
A.
Any person(s), firm or legal entity wishing to obtain the right to
conduct and/or establish an agricultural activity on the airport shall
make application in the manner prescribed hereinbefore. In addition,
such applicant shall submit the following:
(1)
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.
(2)
A listing and description of the types of machinery required for
conduct of the agricultural activity.
(3)
Location of off-site storage facilities for machinery, equipment,
supplies, and harvested crops.
(4)
A plan for the maintenance of soil fertility, if the proposed use
is for more than a single growing season.
B.
All lease/operating agreements for agricultural activities shall
include, among other things, a covenant reciting the owner's right
to:
(1)
Restrict, limit, or otherwise control such agricultural activity
in any manner it sees fit to ensure safe and unimpeded aeronautical
activity at the airport.
(2)
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 areas, and areas of the airport where machinery and equipment
may not be operated, driven, or stored.
(3)
Such other restrictions or limitations which the County may deem
appropriate.
C.
All lease/operating agreements for agricultural activities shall
also include, among other things, a covenant reciting the tenant/operator's
obligation to protect the general public, customers or clients, and
the County from any and all damages, claims, or liability, whether
by the tenant/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 County's exercise of its
rights and privileges, whether specifically enumerated or not.
A.
Any person(s), firm or legal entity wishing to obtain the right to
conduct other nonaviation activity on the airport shall make application
to the County in the manner and form prescribed hereinbefore. In addition,
such applicant shall submit the following:
(1)
A complete description of the type of activity proposed.
(2)
A listing and description of the types of vehicles, equipment, and
machinery required for conduct of the activity.
(3)
Location of off-airport storage facilities for above-mentioned machinery,
equipment, or supplies.
(4)
A listing of, and plan for, the on-airport handling of any attendees,
other persons, and vehicles associated with the activity.
(5)
Dates and times for the proposed activity.
B.
All lease/operating agreements for such other activities shall include,
among other things, a covenant reciting the owner's rights to:
(1)
Restrict, limit, or otherwise control such activity in any manner
it sees fit to ensure safe and unimpeded aeronautical activity at
the airport.
(2)
Designate areas for the activity and to designate the type of security
required in each such area.
(3)
Such other restrictions or limitations which the County may deem
appropriate.
C.
All lease/operating agreements for such other activities shall also
include, among other things, a covenant reciting the tenant/operator's
obligation, in addition to all the aforementioned obligations, to
protect the general public, customers, or clients and the County from
any and all damages, claims or liability, whether by the tenant/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 County's exercise of its rights and privileges, whether specifically
enumerated above or not.
Any person found in violation of this article shall be cited
for violation of this article to Adams County Circuit Court. The forfeiture
shall be $100 for a first violation and $200 for any further violations
in the same calendar year. The County may seek injunctive relief to
enforce this article. Violations shall be reported to the Sheriff's
Office which shall issue citations for violators. The court may impose
any enforcement for nonpayment of a citation as authorized by law.
This article shall take effect and be enforced upon passage
and publication as provided by law. This article shall be reviewed
by Adams County every five years from the date of adoption within
a two-month period; provided, however, that this article shall remain
in effect at all times until recission or modification, by law, by
the Adams County Board.
