[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg 10-24-2016 by Ord. No. 1836-16 (Ch. 22 of the former Municipal
Codebook). Amendments noted where applicable.]
A.
The purpose of these minimum standard is to promote a sound economic
base upon which the Reedsburg Municipal Airport ("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 of these minimum standards is to categorically identify
those standards and procedures by which all persons, firms or other
legal entities conducting commercial or noncommercial aeronautical
or nonaeronautical activities at the airport shall conduct their respective
operations, thereby protecting the public health, safety and general
welfare.
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 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 City of
Reedsburg or any duly authorized agency or subdivision thereof for
the conduct of the applicant's business.
A person or entity conducting aerial agriculture spraying
or seeding activities or other applications, such as nonagricultural
pest control, 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.
A person or entity that 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).
Any contrivance invented, used or designed for navigation
of or flight in air.
An aircraft's takeoff from or landing at the airport. A touch-and-go
is two operations.
A person or entity holding legal title to an aircraft, or
any person having exclusive possession of an aircraft.
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 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 takeoff 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 at the Reedsburg Airport which are
owned, leased or otherwise controlled by the City of Reedsburg or
its tenants and operated as the City of Reedsburg Airport.
The Federal Aeronautics Agency (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. "Airport manager" includes
its designated representative.
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 or entity conducting commercial activity 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 or entity conducting skydiving or skydiving activities
at the airport for compensation or hire.
The Reedsburg Municipal Airport Commission.
Crash, fire and rescue or police motor vehicles and such
other equipment as the owner or airport manager may designate as necessary
to safeguard airport runways, taxiways, ramps, buildings and other
property.
A power, privilege or other right excluding or barring another
from enjoying or exercising a like power, privilege, or right. An
exclusive right can be conferred either by express or implied agreement
or by the imposition of unreasonable standards or requirements.
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 three 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.
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 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 City of Reedsburg 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.
An operator offering a single commercial activity but without
an established place of business at the airport. The City of Reedsburg
may or may not allow this type of servicing to exist at the airport.
The written contract between the airport and a person or
entity specifying the terms and conditions under which a person may
conduct commercial activity, as defined within these 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 lbs. (599 kg); 1,430 lbs.
for seaplanes.
Lighter-than-air light sport aircraft maximum gross weight of
660 lbs. (300 kg).
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, including 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 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 pilot holds at least a private pilot certificate and a
minimum of a third-class medical.
The National Fire Protection Association. All references
to an NFPA standard mean the most recent edition of that standard,
as may be amended from time to time.
The fueling of an aircraft by an aircraft owner, its employees
or pilot using pumps and equipment installed for that purpose. The
fueling facility may or may not be attended by the FBO that leases
and operates the equipment. Only FBOs can sell and provide for aircraft
delivery of fuel into other owner-operated aircraft.
The City of Reedsburg, 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 for commercial Activity and other activity.
"Owner" includes the City of Reedsburg acting through its Airport
Commission.
Any person on foot.
A person who holds a self-fueling permit issued by the Commission.
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 its employees in accordance with
FAR and the airport's reasonable standards or requirements.
Approved equipment normally operated and/or authorized by
the owner or airport manager and/or the FAA 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 owner.
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:
An aeronautical business 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.
Firefighting.
Power line or pipeline patrol.
Airborne mineral exploration.
Any other operations specifically excluded from Part 135 of
FAR.
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 tenant 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 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 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.
Every device in, upon or by which any person or property
is or may be transported or drawn, excepting aircraft.
Any portion of the airport designated and made available
temporarily or permanently by the airport owner for the parking of
vehicles.
A.
Upon the consideration of any applicant to conduct aeronautical activity
at the airport, 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.
Any person conducting aeronautical activities at the 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 of the airport.
D.
These 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 time lines for complying
with the minimum standards. The owner must approve the plan prior
to renewal of the lease or agreement.
E.
When an operator conducts multiple commercial activity 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 one 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.
Each applicant 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 this chapter will be addressed by the owner
on a case-by-case basis in the operator's lease or agreement.
G.
The owner may review the minimum standards from time to time and
may make such revisions or amendments as shall be deemed necessary
to properly protect the health, safety and general welfare of the
public. Upon enactment of any such amendments, all operators, tenants
and subtenants shall be required to conform to such amended standards.
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 shall act as an operator, tenant or subtenant, or conduct
any commercial activity of any kind or nature whatsoever on the airport
until such time as the person 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.
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 owner or airport manager or for the limited purpose of accessing
business locations at the airport. 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 owner or airport manager
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.
B.
Speed of vehicles. Unless specifically authorized by the owner or
airport manager, vehicles shall not traverse over any runway, taxiway,
ramp or tie-down area at a speed to exceed 25 miles per hour.
C.
Pedestrian traffic on airport. No pedestrian shall be allowed in
maintenance or shop areas or upon the apron or aircraft tie-down areas
unless for the purpose of embarking in or disembarking from an aircraft
or unless authorized by the owner or airport manager. Pedestrian traffic
is prohibited on taxiways, runways and outlying areas of the airport,
except for employees of the City, county, state and federal government
providing services related to the airport or contractors engaged in
airport construction or maintenance work; provided, however, that
the owner may permit pedestrian traffic in nonrunway and nontaxiway
wares for special, preapproved events.
D.
Vehicle parking. All vehicles parked on the airport shall be parked
in designated areas and in accordance with posted signs or other markings.
The owner or airport manager may move or order the removal of any
vehicle improperly parked, at the vehicle owner's expense.
The following standards shall apply to all commercial operators
and SASOs.
A.
The lease/operating agreement shall be for a term to be mutually
agreed upon between the owner, commensurate with the operator's financial
investment in its facilities.
B.
The operator shall have had experience in the service it 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 it 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.
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 commercial activity and SASOs. 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 commercial operators shall demonstrate to the owner's satisfaction
their ability to acquire insurance coverage as stipulated for each
particular type of commercial activity. In addition, the operator
shall include the owner as an additional insured and stipulate that
the operator will hold harmless the owner in all actions against it.
Minimum coverage shall be established as detailed in Addendum A.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: Addendum A, General Aviator Airports, Suggested Minimum Insurance Requirements, is included as an attachment to this chapter.
E.
Any operator located on the airport and performing any one or more
of the SASO categories and functions shall lease from the owner an
area to provide:
(1)
In no event will the square feet requirement be less than that required
by applicable building codes which, if more restrictive, will govern.
F.
Each lease/agreement with an operator and SASO entered into by the
owner shall include each of the following provisions:
(1)
Fair employment and nondiscrimination provisions.
(2)
Affirmative action assurances.
(3)
Civil rights assurances.
(4)
Nonexclusive right provision.
(5)
Any other mandated provisions required by the state or federal governments.
(6)
Days and hours that the SASO will be generally open to provide the
SASO activity.
G.
All operators and SASOs 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 or SASO shall be in accordance
with design and construction requirements of the owner and 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 and SASO 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 or SASO. Parking at hangar
shall not obstruct the taxiway.
J.
All operators and SASOs shall comply with all pertinent FAR requirements.
(1)
All visitors, FBO and SASO employees should immediately report any
suspicious activity to law enforcement and/or the airport manager.
(2)
Visitors are not allowed inside fenced areas of the airport without
permission of airport manager unless preapproved by the owner or Airport
Commission, except for the limited purpose of accessing business locations
at the airport.
A.
A flight training services operator provides instruction for pilots
in dual and solo flight, in any aircraft, and related ground-school
instruction as necessary to complete an FAA pilot's knowledge test
and practical flight test for various categories of pilot certificates
and ratings.
B.
Minimum standards:
(3)
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.
(4)
All aircraft based at the airport shall be registered with the FAA.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
An air charter operator 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).
(1)
Minimum standards:
B.
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. This minimum standard covers the sale of new
or used aircraft through brokerage, ownership, franchise, distributorship,
or licensed dealership.
C.
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 for new plane sales current, up-to-date
specifications and price lists for types and models of aircraft sold.
For used planes, the operator shall provide an owner history, airframe
and engine, logbooks and airworthiness documentation if available.
(4)
The operator shall comply with all pertinent FAR requirements.
A.
Statement of concept. An aircraft rental operator rents or leases
aircraft to the public for compensation.
B.
Minimum standards:
(2)
The operator shall have available for rental, either owned or under
written lease to the operator, at least one certified and currently
airworthy aircraft.
(4)
The operator shall provide the owner with copies of the owner's aircraft
registrations and aircraft lease documents.
(5)
The operator shall comply with all pertinent FAR requirements.
A.
The operation of providing airframe and power plant services includes
any of the following: the repair, maintenance, inspection, construction,
and making of modifications and alterations 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 and the removal of engines for major overhauls, aircraft
painting and interior refurbishing.
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.
A.
Statement of concept. This minimum standard covers the commercial
operation of renting or leasing aircraft parking and storage in the
hangar and apron location on the airport designated by the airport
owner 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 § 185-5E above. 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.
(4)
The operator shall comply with all pertinent FAR requirements.
A.
An FBO is a full-service, commercial operator who engages in the
primary activity of aircraft refueling and a minimum of three 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 § 185-5E above.
(2)
The FBO shall be responsible for fuel and fuel handling at the airport
by way of fuel and fuel-handling facilities provided by the owner.
The FBO shall provide a minimum of two types of aviation fuel. The
owner's fuel and fuel-handling equipment shall 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 its 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 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.
(9)
The owner shall provide separate pumps, meters and filter-equipped
dispensers, fixed or mobile, for dispensing required grades of fuel.
The owner shall provide reliable pumps and meters to conform to legal
standards for trade use as established by federal, state and local
regulations.
(10)
The FBO shall pay to the owner a fuel-flowage fee and other fees as outlined in § 185-19A below.
(11)
The FBO shall comply with all pertinent FAR requirements.
A.
Specialized commercial flying services is an aeronautical business
engaged in air transportation for hire for the purpose of providing
the use of aircraft for the following activities:
(1)
Nonstop, sightseeing flights that begin and end at the same airport.
(2)
Crop dusting, seeding and spraying and bird chasing.
(3)
Banner towing and aerial advertising.
(4)
Aerial photography or survey.
(5)
Firefighting.
(6)
Power line or pipeline patrol.
(7)
Airborne mineral exploration.
(8)
Any other operations specifically excluded from Part 135 of FAR.
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 § 185-5D above.
(3)
The operator shall comply with all pertinent FAR requirements.
A.
Aerial applicators includes aerial agricultural spraying or seeding
or other activities or applications, such as nonagricultural pest
control at the airport for compensation or hire.
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. All operators will, however, be required to maintain the following types of insurance set forth in § 185-5D:
(3)
The operator shall have in its 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 shall comply with all pertinent FAR requirements.
(5)
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)
Position aircraft and loading equipment in such a manner as
to not interfere with normal aircraft operations at the airport.
(e)
Remove, in the event of a small pesticide or pesticide solution
spill, the contaminated surface material from the premises and treat
the area of the spill 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 the state Department
of Natural Resources (DNR) regulations require.
C.
The operator will keep an appropriate spill kit on site in a known
and easily accessible location.
D.
The operator, for all chemicals kept or stored on the airport, shall
do so in accordance with the material safety data sheet (MSDS) requirements
for that chemical. Material safety data sheets for chemicals stored
on the airport shall be made available to the owner and/or airport
manager upon request.
A.
Flying clubs includes a noncommercial and nonprofit entity organized
for the purpose of providing its members with any number of aircraft
for their personal use and enjoyment. Such 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.
A.
Other aviation activity clubs and associations includes, but is not
limited to, skydiving, parachuting and balloon flights.
B.
Minimum standards:
(1)
The area in which such activities may be conducted at the airport
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 the advance permission of the owner.
(2)
A request to the owner at least 72 hours prior to each aeronautical
activity is required.
(4)
Persons conducting such activities shall comply with all pertinent
FAR requirements.
A.
The conduct of other nonaviation activity on the airport not specifically
enumerated in this chapter is covered by the following minimum standards.
B.
Minimum standards.
(1)
Any person 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 § 185-5D above: comprehensive public liability and comprehensive property damage, including vehicular.
(5)
Such tenants and/or other operators shall comply with all pertinent
FAR requirements, where applicable.
A.
Fuel flowage fee. The collection is hereby authorized of a fuel flowage
fee by the owner from any operator dispensing aviation fuel at the
airport. The fuel flowage fee shall be made to the owner at a rate
and in a method described in the lease agreement.
A.
Permit required for self-fueling.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Except for an FBO, no person shall transfer fuel into an aircraft
unless the person has first obtained a self-fueling permit from the
owner and the person complies with this chapter. A self-fueling permit
authorizes the permittee to transfer fuel only into an aircraft owned
by or leased exclusively to the permittee. Except for an FBO, no person
shall transfer fuel into an aircraft not owned by or leased exclusively
to that person, nor shall any person sell fuel to any other airport
user. The airport will not recognize an organization formed by several
aircraft owners for the purpose of self-fueling as a single aircraft
owner or exclusive lessee for the purpose of this chapter.
(2)
A self-fueling permit may be issued for self-fueling with fuel that
is stored in an underground tank within the area designated. No other
method of self-fueling is allowed.
(3)
An application for a self-fueling permit shall be made by supplying
the Commission such information as is prescribed by the Commission.
The information shall include, but not necessarily be limited to:
(a)
A description of the aircraft to be fueled;
(b)
The employees who will operate the aircraft fuel servicing equipment
and who will conduct the fueling operations;
(c)
An emergency response plan;
(d)
A fuel-handling personnel training program;
(e)
The fuel tank system construction plans;
(f)
A fuel tank system inspection and maintenance program; and
(g)
Fuel transfer procedures.
(4)
At a public meeting, the Commission shall review the application
to determine whether the proposed self-fueling will comply with all
applicable ordinances, permit and lease provisions and whether the
required plans, programs and procedures are satisfactory. If the determination
is favorable, the Commission shall issue the self-fueling permit to
the permittee.
(5)
When issued, a self-fueling permit shall be signed by the permittee
and shall set forth, among other things, the permittee's agreement
to meet appropriate insurance, indemnity and hold harmless requirements,
and responsibility for damage to the airport. The permit shall require
the permittee's consent to reasonable amendments or additions to permit
requirements as circumstances may warrant.
(6)
An applicant for a self-fueling permit shall pay a nonrefundable
application fee as set from time to time by Common Council at the
time of application. A permittee shall pay an annual self-fueling
permit fee, which shall be as set by Common Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
In conducting self-fueling operations, a permittee shall not vary
materially from the application information unless a written request
for a variation is submitted to and approved by the Commission. A
material variation includes, but is not limited to, a different individual
for fueling than what is stated in the application information. The
Commission may allow temporary variations from the application information
while a request for a variation is pending.
(8)
A self-fueling permit is not assignable and not transferable. Unless
it is revoked as allowed by this chapter, a self-fueling permit shall
remain effective until the termination or expiration of the land lease
that is required by this chapter.
(9)
The tank system may be sold to another party, who must resubmit for
application for a self-fueling permit. At no time can the existing
system be used until the application is approved in accordance with
the requirements of this chapter.
B.
Fuel tank system.
(1)
A self-fueling permit for the underground tank method shall be issued
only if the applicant has executed a standard hangar land lease with
the airport, which may be an existing lease or a new lease.
(2)
At a minimum, the lease shall include, or be amended so as to include,
the following provisions:
(a)
Permission to site an underground fuel tank system in accordance
with this chapter.
(b)
A security deposit in the amount of $10,000 per tank, plus the
amount of the self-insured retention (deductible) in the pollution
liability and environmental impairment insurance that the lessee will
be required to provide, with interest payable to the lessee, to be
held by the airport as the result of any activity related to self-fueling
engaged in by the permittee, including the permittee's failure to
pay the fuel flowage fee required by this chapter. If the self-insured
retention exceeds $5,000, it may be satisfied by an irrevocable letter
of credit in favor of the Reedsburg Municipal Airport in a form acceptable
to the airport.
(c)
Insurance, indemnity and hold harmless requirements to protect
the airport against liability and expense, including insurance for
fuel vendors.
(d)
Requirements for tank maintenance and inspection, lessee responsibility
for damage related to fuel storage and self-fueling operations, and
tank removal and site restoration at the end of the lease, upon permit
expiration or revocation or upon expiration of the manufacturer's
warranty period, whichever comes sooner. The security deposit will
be returned upon termination of the lease and restoration of the site
satisfactory to the Airport Commission.
(e)
Recordkeeping, audit and inspection rights for the airport.
(f)
Incorporation of the requirements of this chapter.
(3)
Prior to the lease or lease amendment being executed by the airport,
it shall be reviewed and approved by the Commission and all appropriate
state and federal agencies.
C.
Fueling operations.
(1)
The fuel tank system for the underground tank method must meet all
of the following requirements:
(a)
For each fuel type, have at least one single-compartment, double-walled,
fiberglass tank with an Underwriters' Laboratory listing marking of
UL 1316 and a minimum capacity of 2,500 gallons, and the tank shall:
[1]
Have corrosive-resistant piping that is double-walled;
[2]
Have an electronic monitoring system that includes interstitial
monitoring of the tank and associated piping, automatic tank gauging
as the primary leak detection method for the tank, and central station
monitoring; and
[3]
Be properly closed and removed at the end of the tank manufacturer's
warranty period or at the end of the lease term, whichever comes sooner.
(b)
Have an engineered spill-containment system for the tank and
fuel-servicing station capable of capturing a fuel release in accordance
with applicable state and federal regulations.
(c)
Have an appropriate fuel-metering system.
(d)
Be installed pursuant to construction plans that have been approved
by the Commission and the Wisconsin Department of Safety and Professional
Services prior to the start of construction.
(e)
Be owned by the permittee.
(2)
No later than 72 hours before self-fueling operations begin, the
permittee shall notify the Administrator that construction of the
fuel tank system is complete.
(3)
The permittee shall operate the fuel tank system in a safe, efficient
and clean manner and shall not allow the use of any defective fuel
tank system equipment. The permittee shall perform repair and maintenance
upon the fuel tank system as required by the lease, applicable state
laws and administrative rules.
D.
Fueling operations.
(1)
Any vehicle that is on the airport premises for any purpose related
to self-fueling shall use only such roadways or aircraft movement
areas as are designated by the Commission.
(2)
Fueling operations during which fuel is transferred between an aircraft
fueling system and an aircraft shall occur only in the area designated
for that purpose by the Commission.
(3)
No individual may perform a fueling operation unless the individual
meets all of the following requirements and does execute, without
fail, the following:
(a)
Remains with the fueling apparatus at all times during the fueling
operation;
(b)
Exercises extreme caution to prevent a fuel spill and, if a
spill occurs, immediately ceases fueling operations and notifies the
Manager and or any individual the Commission designates as an appropriate
contact person;
(c)
Is an employee of the permittee, but this requirement does not
apply to an individual delivering fuel into a fuel storage tank;
(d)
For any fueling operation that results in the transfer of fuel
into an aircraft, can demonstrate that he or she is authorized, trained
and fully qualified to operate the fuel transfer equipment by:
(e)
Complies with all NFPA and FAA requirements regarding fuel transfers
for aircraft fuel servicing.
(4)
The permittee shall keep training records for the employees who perform
fueling operations of a minimum of three years and shall make the
training records available to the Commission upon request.
(5)
Any vehicle that transfers fuel into a storage tank shall leave the
airport upon completion of the fueling operation.
E.
Fuel flow fee. The permittee shall pay a fuel flowage fee as set
from time to time by the Common Council for each gallon of fuel delivered
to permittee's fuel tank system to the airport. Payment of the fees
shall be made to the owner on the first Monday of each month for the
fuel that was delivered or transferred during the previous month.
Any late payment by 30 days or more shall be subject to interest in
the amount of 1.5% per month. With each payment, the permittee shall
furnish the Administrator with a statement and documentation, by the
fuel supplier, showing the number of gallons delivered or transferred
for the applicable payment period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
National Fire Protection Association. The City of Reedsburg adopts
and makes a part of this chapter as though fully set forth all of
the provisions of NFPA 30, 407 and 415. If there is any conflict between
any provision of this chapter and any provision of NFPA 30, 407 or
415, the provision that is more stringent shall apply. Any violation
of NFPA 30, 407 or 415 is a violation of this chapter.
G.
Compliance with other laws. A permittee shall comply with all local,
state and federal laws, codes, ordinances, rules and regulations now
or hereafter in force and effect applicable to any activity associated
with the storage and transfer of aircraft fuel. This includes, but
is not limited to, compliance with ordinances of Sauk County and rules
of administrative agencies of the State of Wisconsin, including Ch.
ATCP 93, Wis. Adm. Code, Flammable, Combustible and Hazardous Liquids.
A permittee shall also comply with all covenants of the Reedsburg
Municipal Airport and all FAA advisory circulars and orders pertaining
to the storage, handling and dispensing of aircraft fuel and all amendments
and revisions thereto. A violation of any law, code, ordinance, rule,
regulation, circular or order referred to in this section is a violation
of this chapter.
H.
Inspections, records and audits.
(1)
The permittee shall make at least weekly and monthly inspections
of any fuel tank system it has as recommended by FAA Advisory Circular
150/5230-4B, Aircraft Fuel Storage, Handling and Dispensing on Airports,
and shall maintain a written record of such inspections. The permittee
shall also keep and maintain written records of all fuel brought to
the airport for self-fueling purposes (including dates, suppliers
and quantity) and of all fuel quantities transferred into aircraft
by aircraft identification numbers. The permittee shall also maintain
accurate records of fuel product monitoring to ensure that there is
no leakage from any fuel storage tanks it has. Copies of monthly leak-detection
reports generated by an underground fuel tank monitoring system must
clearly identify the tank owner, the tank location and the tank's
contents and shall be provided to the Administrator every three months.
The records required by this subsection shall be kept for a minimum
of five years and shall be made available to the Administrator upon
request.
(2)
In addition to the records required by Subsection H(1), the permittee shall:
(a)
Provide the Commission with information and records which are
requested for the purpose of determining compliance with this chapter,
including, but not limited to, records pertaining to business organization
and ownership of equipment, and employee status; and
(b)
Promptly forward to the Administrator copies of any fire or
safety inspection reports, underwriting audits or insurance company
reviews that relate to the permittee's self-fueling operations at
the airport, including its fuel tank system. The permittee shall also
allow the Administrator, or his or her designee, to inspect the permittee's
fuel tank system for the purpose of determining compliance with this
chapter.
(3)
The airport shall have the right, during reasonable hours and upon
reasonable advanced notice, to audit the permittee's records regarding
its self-fueling operations at the Reedsburg Municipal airport.
I.
Additional requirements.
(1)
The permittee shall provide for the adequate handling and disposal,
away from the airport, of all trash, garbage and other refuse generated
as a result of its self-fueling operations.
(2)
The permittee shall handle, use, store and dispose of fuel and all
other material, including hazardous materials, owned or used by it
at the airport in accordance with all applicable federal, state, and
local laws, codes, rules, regulations and ordinances, including rules
of the Commission.
J.
Enforcement.
(1)
The failure to comply with any requirement of this chapter is a violation
of this chapter. Any potential violation of this chapter may be investigated
by the Commission or the Commission's designee. If the Commission
determines that a violation has occurred, he or she may do any of
the following:
(a)
If the violation jeopardizes the safety of persons or property,
order the permittee to cease self-fueling operations until the violation
is corrected and take reasonable steps to ensure compliance with the
order;
(b)
Issue a written and or verbal warning; or
(c)
Make a written report of the violation to the Commission.
(2)
If a written report of a violation is made to the Commission, the
Commission shall, either at its monthly meeting or call a special
meeting, review all relevant information and determine whether a violation
of this chapter occurred and, if a violation occurred, what consequences
should be imposed. The determination must be by a majority of the
Commission members present.
(3)
If the Commission determines that a violation of this chapter occurred,
it may impose any or all of the following consequences:
(4)
Any person who violates any provision of this section shall be subject
to a forfeiture of not less than $100, nor more than $5,000, for each
day of each violation, together with the costs of enforcement. Each
requirement of this section that is violated constitutes a separate
violation. In addition to forfeiture, the airport may seek such other
relief, legal or equitable, as is available.
A.
All hangars must be used for an aeronautical purpose. FAA considers
the following uses aeronautical:
(1)
Storage of active aircraft;
(2)
Shelter for maintenance, repair or refurbishment of aircraft, but
not the indefinite storage of nonoperational aircraft;
(3)
Noncommercial construction of amateur-built or kit-built aircraft;
(4)
Storage of aircraft handling equipment (e.g., tow bar, glider tow
equipment, workbenches, tools and materials used to service aircraft);
and
(5)
Storage of materials related to an aeronautical activity (e.g., balloon
and skydiving equipment, office equipment, teaching tools).
B.
Provided the hangar is used primarily for an aeronautical purpose,
an airport may permit nonaeronautical items stored in hangars, provided
they do not interfere with the aeronautical use of the hangar.
C.
While airports may develop more restrictive rules, FAA would not
consider nonaeronautical storage to interfere with the aeronautical
use of the hangar unless the items:
(1)
Impede the movement of the aircraft in and out of the hangar;
(2)
Displace the aeronautical contents of the hangar. A vehicle parked
at the hangar while the vehicle owner is using the aircraft will not
be considered to displace the aircraft;
(3)
Impede access to other aeronautical contents of the hangar;
(4)
Are used for the conduct of a nonaeronautical business or municipal
agency function from the hangar, including storage of inventory);
and
(5)
Are stored in violation of airport rules and regulations, lease provisions,
building codes or local ordinances.
D.
If the airport has empty hangars with no demand for nautical use,
the airport can rent hangar space for temporary nonaeronautical storage,
provided:
A.
Any person who violates any of the provisions of this chapter shall,
upon conviction of such violation, be subject to a penalty, which
shall be as follows:
(1)
First offense penalty. Any person who shall violate any provision
of this chapter shall, upon conviction thereof, forfeit not less than
$5 nor more than $500, together with the costs of prosecution, and,
in default of payment of such forfeiture and costs of prosecution,
shall be imprisoned in the County Jail until such forfeiture and costs
are paid, but not exceeding 90 days.
(2)
Second offense penalty. Any person found guilty of violating any
ordinance or part of an ordinance of this chapter who shall previously
have been convicted of a violation of the same ordinance within one
year shall, upon conviction thereof, forfeit not less than $100 nor
more than $1,000 for each such offense, together with costs of prosecution,
and, in default of payment of such forfeiture and costs, shall be
imprisoned in the County Jail until such forfeiture and costs of prosecution
are paid, but not exceeding six months.
B.
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this chapter shall preclude
the owner from maintaining any appropriate action to prevent or remove
a violation of any provision of this chapter.
C.
The provisions of this chapter shall be enforced by the Reedsburg
Police Department, City Building Inspector, City Public Works Director
and/or the City Airport Commission, depending on the provision violated.
