The airport facility is located at 300 West 2050 North, Spanish Fork, Utah, and is hereby designated as the Springville/Spanish Fork Municipal Airport.
(Adopted by Ordinance No. 6-92)
The Airport Manager, with the concurrence of the Joint Airport Board, is hereby authorized and directed to promulgate rules and regulations not in conflict with law or ordinance with reference to the use of the Municipal Airport and the control and management thereof.
(Adopted by Ordinance No. 6-92)
As used herein, the following terms shall have the meanings indicated:
(1) "Acrobatic flying"
means any intentional maneuver not necessary for navigation.
(2) "Aeronautical activity"
means any activity, whether or not conducted on the airport, 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, and shall include, but not be limited to, all activities commonly conducted on airports, such as charter operations, pilot training, aircraft rental and sight seeing, aerial photography, crop dusting, flying clubs, aerial advertising and surveying, air carrier operations, aircraft sales, aircraft service, aviation petroleum product sales, repair and maintenance of aircraft, sale of aircraft parts, sales of aircraft accessories, sales and maintenance, radio sales and repair, navigation equipment sales and repair, and any other activity which, because of its direct relationship with the operation of aircraft, can properly be regarded as an aeronautical activity.
(3) "Aircraft"
means a device as defined by FAA that is used or intended to be used for flight in the air.
(4) "Airplane"
means an engine-driven fixed wing aircraft heavier than air, that is supported in flight by the dynamic reaction of the air against the wings.
(5) "Airport"
means all of the city owned or leased real or personal property comprising Springville/Spanish Fork Municipal Airport.
(6) "Airport Board"
means the duly appointed Joint Airport Board of the cities of Spanish Fork and Springville,
(7) "Airport Manager"
means the duly appointed manager of the Springville/Spanish Fork Municipal Airport.
(8) "Air Traffic"
means aircraft in operation anywhere in the airspace and on that area of the airport normally used for the movement of aircraft.
(9) "Aircraft Operation"
means an aircraft arrival at or departure from the airport.
(10) "Aircraft Parking and Storage Area"
means the open areas of the airport set aside for aircraft parking and storage space for the parking and storage space for the parking and storage of aircraft, or areas for the servicing of aircraft with fuel, lubricants or other supplies, or for making minor or emergency repairs to aircraft, or for any and all such purposes.
(12) "Commercial Aeronautical Activity"
means any aeronautical activity, as defined herein, which is conducted for profit or gain.
(13) "Council"
means the City Councils of Spanish Fork City and Springville City, which are and shall remain independent entities whose concurrence is required on all Council decisions relating to operation of the airport.
(14) "Fixed Base Operator"
means any person meeting the minimum standards for a commercial aeronautical activity established by this ordinance and engaging in at least the following commercial aeronautical activities; public aviation fuel sales; aircraft engine, airframe, and accessory sales and service; flight training; aircraft charter and taxi service.
(15) "Flying Club"
means an association or group of more than three (3) persons, organized as a non-profit corporation under the laws of the State of Utah, or, as a duly organized non-profit unincorporated association, jointly owning or leasing aircraft where payment is made to the club for the operating time of such aircraft.
(16) "Fuel Handling"
means the transportation, delivery, fueling and drainage of fuel or fuel waste products.
(17) "Fuel Storage Area"
means any portion of the airport designated temporarily or permanently by the Airport Manager as areas in which gasoline or any other type of fuel may be stored or loaded.
(18) "Master Plan"
means the currently approved, scaled dimensional layout of the entire airport properties, indicating current and proposed usage for each identifiable segment as approved by the Councils and amended from time to time.
(19) "Non-commercial Aeronautical Activity"
means any aeronautical activity, as defined herein which is not conducted for personal or collective profit.
(20) "Off-airport User"
means a person owning or controlling one or more aircraft stored, hangared, tied down, maintained or otherwise kept on property adjacent to the airport, and who requires access to the airport for use of said aircraft.
(21) "Operational Area"
means any place on the airport not leased or demised to anyone for exclusive occupancy.
(22) "Owner"
means a person who holds legal title of an aircraft or vehicle, or in the event that the aircraft or vehicle is the subject of a conditional sale or lease thereof, the person entitled to possession.
(23) "Permission or Permit"
means permission granted by the Airport Manager, Joint Airport Board, or City Councils pursuant to this ordinance to engage in a specific aeronautical or other activity on the airport.
(25) "Standards"
means the qualifications established herein, as amended from time to time by the City Council's setting forth the minimum requirements to be met as a condition for the fright to conduct an aeronautical activity on the Municipal Airport.
(26) "Traffic Pattern"
means the traffic flow as prescribed for aircraft landing at, taxiing on, or taking off from the Airport.
(27) "Vehicle Parking Area"
means any portion of the airport designated and made available, temporarily or permanently by the Airport Manager for the parking of vehicles.
(Adopted by Ordinance No. 6-92)
(1)
There is hereby created and established the Joint Airport Board which shall consist of six (6) members who shall be citizens of Spanish Fork and Springville, to include an elected official from both cities, and two (2) citizens from each city.
(2)
The citizen members of the Board shall be appointed for a term of three (3) years, commencing January 1. No member of the Board shall receive any salary or compensation of any kind for the performance of their duties as herein provided except that members of the Board may be reimbursed for their reasonable expenses incurred in carrying out their duties provided said expenses are incurred.
(3)
The City Councils of each city may remove the members appointed by that city at any time without cause.
(4)
The Joint Airport Board by majority vote shall elect from its members a chairperson who shall preside over the meetings of the Board and a vice chairperson who shall sit for the chairperson during his or her absence. The election of the officers of the Board shall be held at the first regular meeting at which a quorum is present following January 1 of each even-numbered year. The Board shall adopt rules for the conduct of its meetings. No action shall be taken by the Board except by the affirmative vote of at least three (3) members of the Board which shall constitute a quorum.
(5)
The Joint Airport Board shall meet not less than four (4) times a year at times and places to be designated by said Board.
(6)
The Joint Airport Board shall have authority to recommend to the Mayors and City Councils of Spanish Fork and Springville the needs and requirements of the airport and its facilities. It shall study city, state and federal budget money, appraise development that is desirable for the airport, and shall study and appraise an overall plan for the joint Municipal Airport, and shall have such other duties and responsibilities as may be delegated to said Board from time to time.
(Adopted by Ordinance No. 6-92; amended by Ord. No. 11-98, ; Ord. No. 04-2008)
(1)
It shall be unlawful for any aviator, or other person, to fail to comply with any of the rules and regulations adopted and promulgated by the Federal Aviation Administration, the Utah State Aeronautics Commission, the City Councils of Spanish Fork and Springville, the Joint Airport Board, or the Airport Manager. All said rules and regulations so adopted and promulgated are hereby adopted by reference and made a part thereof as fully as if the same and each of them were completely set forth herein.
(2)
It shall be unlawful for an airman, or other person, to fly or otherwise navigate any aircraft over the city at a lower altitude than 1,000 feet above ground level, except in landing or taking off from the duly established and authorized airport.
(3)
It shall be unlawful for any person to acrobatically fly an aircraft over any business, industrial or residential area of the city, or over any open-air assembly of persons within the corporate limits of the City.
(4)
Persons involved in aircraft accidents occurring on the Airport shall make a full report thereof, including names and addresses, time, place and cause, and any inquiries occasioned thereby to the Airport Manager as soon after the accident as possible. When a written report of an accident is required by Federal Aviation Regulations, a copy of such report may be submitted to the Airport Manager in lieu of the report required above. If the accident occurs within the City limits, a report shall be made by the City Police Department.
(5)
Aircraft owners, their pilot or agent, shall be responsible for the prompt removal of disabled aircraft, and parts thereof, unless required, or as directed, by the Airport Manger or the Federal Aviation Administration, to delay such action pending an investigation of an accident. In the event of failure to promptly remove such disabled aircraft, the Airport Manager will cause the aircraft to be removed and the owners thereof shall be responsible for all charges reasonably incurred in the removal of same.
(6)
The Airport Manager may delay or restrict any flight or other operations at the Airport and may refuse takeoff clearance to any aircraft for any reason he believes justifiable. The Airport Manager may also prohibit the use, in all or in part, of the Airport, for any purpose, by an individual or group.
(Adopted by Ordinance No. 6-92)
(1)
No person shall be permitted to use any land within the Springville/Spanish Fork Municipal Airport unless a valid contract or agreement has been executed with Spanish Fork City and Springville City and said land is used in conformance with all laws, regulations, and standards herein and elsewhere established for said use. No person shall be granted an exclusive right to conduct any aeronautical activity upon the airport. Furthermore, no person shall be permitted to use any land or conduct any aeronautical activity or the solicitation of business in connection therewith unless such aeronautical activity is conducted in accordance with the standards herein established and is based upon the issuance of the proper permits or licenses.
(2)
Applications for leases of ground or facilities on the airport, or for permission to carry on any commercial or non-commercial aeronautical activity on the airport, shall be made to the Airport Manager who shall thereafter present the application to the Board. The application shall be signed and submitted by a party owning an interest in the business, or the individual who will be managing the business, or partner of a partnership or a director or an officer of a corporation.
(a)
The Board shall not accept or take action on a license request for any commercial or non-commercial activity until after the applicant, in writing, submits a proposal which sets forth the scope of operation proposed, including the following:
(i)
the name and address of the applicant;
(ii)
the proposed land use, facility and activity sought including layout of buildings, appurtenances, and spaces to be occupied;
(iii)
an organizational chart showing employees' names, duty, status, and job qualifications;
(iv)
proof of sufficient available operating resources to sustain the operation for a reasonable length of time. Operating resources shall not include prospective profits from the operation;
(v)
names and financial statement of any proposed guarantors;
(vi)
pro forma operating statement for first year;
(vii)
a statement of tools, equipment, services and inventory, if any, proposed to be furnished in connection with such activity;
(viii)
the requested or proposed date for commencement of the activity and the term of conducting the same;
(ix)
the estimated cost of any structure or facility to be furnished, the proposed specifications for the same, and the means or method of financing such;
(x)
the specific types and amounts of insurance proposed in accordance with minimum requirements for the activity; and
(xi)
proposed operational hours.
(b)
If requested by the Board, the applicant shall submit the following supportive documents to the Board, together with such other documents and information as may be requested by the Board:
(i)
a current financial statement;
(ii)
a written listing of the assets owned or being purchased which will be used in the aeronautical activity;
(iii)
a current credit report;
(iv)
a written authorization for the FAA and all aviation or aeronautic commissions, administrators or departments of all states in which the applicant has engaged in aeronautical activities to supply the Board with all information in their files relating to the applicant or his operation. The applicant shall execute such forms, releases and discharges as may be requested by any of these agencies.
(c)
At the discretion of the Board, all other persons then conducting aeronautical activities on the airport who, in the opinion of the Board, would be directly affected by the granting of the application in question may also be notified of the filing of such application and the time and place of the Board meeting to consider the same.
(3)
The Board shall consider the application within a reasonable time and shall thereafter make a recommendation to the City Councils recommending approval of the application, recommending approval of the application subject to reasonable conditions, or recommending denial of the application for one (1) or more of the following reasons.
(a)
The applicant for any reason does not meet the qualifications, standards and requirements established by this Chapter.
(b)
The applicant's proposed operations or construction will create a safety hazard on the airport.
(c)
The applicant is unwilling or unable to post performance bond equal to six (6) months' rental or a deposit of cash equivalent, or advance payment of six (6) months' rental.
(4)
Upon receipt of the recommendation of the Board, each of the Councils shall act upon the application within a reasonable time and shall approve the application, approve the application subject to reasonable conditions, or deny the application. Upon approval by both Councils or conditional approval by both Councils, and the conditions being met by the applicant, the Cities shall enter into a lease agreement with the applicant.
(5)
In order for any license request to be recommended for approval by the Board or approved by the Councils, the following findings must be made:
(a)
that such applicant has a history of management and personnel ability in conducting the same or similar or comparable type of service or activity in a good and workmanlike manner.
(b)
that such applicant has the financial responsibility and ability to provide facilities and services proposed.
(c)
that the applicant has, or can secure, necessary certificates from FAA or other authority where the same are required for the activity proposed.
(d)
that the applicant has, or can furnish, suitable indemnity insurance or bond to protect and hold the Cities harmless from any liability in connection with the conduct of the activity proposed.
(e)
that the applicant will provide the Cities with a payment bond equal to not less than six (6) months' rental or other revenue to the airport.
(f)
that the applicant can meet the minimum standards herein stated for the activity requested.
(6)
The following standards shall apply to specific activities:
(a)
All persons engaging in commercial aeronautical activities shall meet the following general requirements:
(i)
provision of adequate insurance, as determined by the Joint Airport Board, including public products liability, indemnifying and holding Spanish Fork City and Springville City harmless and naming Spanish Fork City and Springville City as an additional insured.
(ii)
provision of adequate building floor space, as determined by the Airport Board, meeting applicable laws and ordinances in which to carry on the commercial aeronautical activity.
(iii)
all commercial aeronautical activities operations shall be open for business for a minimum of eight hours each day, five (5) days a week, except for legal holidays.
(b)
Every person conducting the following specific commercial aeronautical activities shall meet the additional requirements as hereinafter set out:
(i)
A Fixed Base Operator must engage in at least six (6) commercial activities: including public aviation fuel sales; aircraft engine, airframe and accessory sales and maintenance; flight training; aircraft charter and taxi service; and other commercial aeronautical activities subject to the minimum standards set forth below pursuant to each specific activity. In addition, an FBO must meet the following standards:
(A)
storage space sufficient to hangar two (2) aircraft.
(B)
separate male and female restrooms.
(C)
public use telephone.
(D)
separate waiting room or pilot lounge
(E)
hard-surfaced parking area for at least eight (8) aircraft.
(F)
minimum operating hours Monday through Saturday for eight (8) hours per day six (6) days a week, except for legal holidays.
(G)
during normal operating hours, a line serviceman, FAA certificated commercial pilot and flight instructor and FAA certified mechanic shall be on duty and available.
(ii)
only Fixed Base Operators shall be licensed to conduct aviation fuel and oil sales or service to the public on the Airport and shall be required to provide:
(A)
aviation fuel located in an approved storage facility.
(B)
An adequate inventory of at least two (2) brands of generally accepted grades of aviation engine oil and lubricants.
(C)
conveniently located heated lounge or waiting rooms for passengers and airplane crews of itinerant aircraft together with sanitary restrooms and public telephones.
(D)
adequate and sanitary handling and disposal away from the airport, of all trash, waste and other materials, including but not limited to used oil, solvents and other waste. The piling or storage of crafts, boxes, barrel and other containers will not be permitted within the lease premises.
(E)
all refueling operations, procedures and equipment must be in compliance with applicable federal, state and local fire codes and ordinances pertaining to fire safety as presently, or as hereinafter may be adopted. These include, but are not limited to: the Uniform Fire Code Standards, National Fire Protection Association Standards.
(iii)
Duly licensed commercial aeronautical entities may conduct private fueling services for aircraft owned and operated by each such license subject to the following:
(A)
provision of approved fuel and oil storage facilities in a location designated by the Airport Manager.
(B)
provision of mobile fuel-dispensing equipment meeting all NFPA criteria to service aircraft.
(C)
no refueling of any privately owned aircraft, other than by fixed base operators, is permitted on the ramp of the fixed base operators, in hangars or in T-hangers.
(D)
all refueling operations, procedures and equipment must be in compliance with applicable federal, state and local fire codes, ordinances and rules pertaining to fire safety as presently, or as hereinafter may be, adopted. These include, but are not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Fire Code Standards, and National Fire Protection Association Standards.
(iv)
All persons operating aircraft engine, airframe and accessory maintenance facilities to the public for hire shall provide:
(A)
in case of airframe or engine repairs, sufficient hangar space to house any aircraft upon which such service is being performed at time of service.
(B)
suitable inside and outside storage space for aircraft awaiting repair or maintenance of delivery after repair and maintenance have been completed.
(C)
adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment to perform top overhauls as required for FAA certification and repair of parts not needing replacements on all single-engine land and light multi-engine land general aviation aircraft.
(D)
at least one FAA certificated airframe and power plant mechanic available during eight (8) hours a day, five (5) days per week.
(E)
proper equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, facilities for washing and cleaning aircraft, recharging or energizing discharged aircraft batteries and starters.
(F)
adequate towing equipment and parking and tie-down areas to safely and efficiently move aircraft and store them in all reasonably expected weather conditions.
(v)
Persons conducting an aircraft charter or taxi service shall provide:
(A)
passenger lounge, restroom and telephone facilities.
(B)
suitable, properly certificated aircraft with properly certificated and qualified operating crew, one of which shall be located at the airport and ready for departure during at least eight (8) hours of daylight operation five (5) days per week except for legal holidays.
(vi)
Persons conducting an aircraft rental and sales activity shall provide:
(A)
suitable office space for consummating sales and/or rentals and the keeping of proper records in connection therewith.
(B)
hangar storage for at least one (1) aircraft to be used for sales or rental.
(C)
for rental, at least one (1) aircraft to be used for sales or rental.
(D)
adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators licensed by the Board on the airport for such service and repair.
(E)
the minimum stock of readily expendable spare parts, or adequate arrangements for securing spare parts required for the type of aircraft and models sold.
(vii)
Persons conducting crop spraying shall provide:
(A)
suitable arrangements for the safe storage and/or containment of noxious chemical materials; no poisonous or inflammable materials shall be kept or stored in close proximity to other facility installations at the airport.
(B)
properly certificated aircraft suitably equipped for the agricultural operation undertaken.
(C)
suitable arrangements for servicing, repairing, storing and parking its aircraft with adequate safeguards against spillage on runways and taxiways or pollution or dispersal of chemicals by wind to other operational areas on the airport.
(viii)
Persons conducting aircraft commuter and air carrier service shall provide:
(A)
an adequately manned and operated terminal facility including ticket and operations counter area, lounge and restroom facilities.
(B)
a published schedule of operating times and rates.
(C)
reservations service with continuity of communication with public which will help to prevent overbooking, provide ease of ticket purchases and cancellations and provide interline reservations.
(D)
baggage handling service including interline exchange.
(E)
satisfactory evidence of reliability and responsibility including FAA operating permit.
(F)
operator shall furnish airport reports of operations on a monthly basis.
(ix)
Commercial Aeronautical Activities other than those listed above, such as paint shops, upholstery shops, propeller shops, avionics shops may also be operated on the Springville/Spanish Fork Municipal Airport. The general standard specified in Section 4-8-6(6)(a) shall apply; however, specific standards will be as directed by the Joint Airport Board and shall be in compliance with applicable local, state, and federal rules and regulations.
(x)
Any person conducting a combination of the specific activities listed herein shall not be required to duplicate the requirements of the individual activities where the requirements of the combination is sufficient to meet the requirement of the separate activity to be conducted.
(c)
Every person conducting the following specific non-commercial aeronautical activities shall meet the requirements hereinafter set out.
(i)
Persons seeking to operate flying clubs shall be required to:
(A)
be organized as a non-profit corporation under the laws of the State of Utah, or, as a duly organized non-profit unincorporated association for the purpose of fostering flying for pleasure; development of skills in aeronautics, including pilotage or navigation; development of an awareness and appreciation of aviation requirements and techniques by the general public in the field of aviation and aeronautics.
(B)
flying clubs, or any individual member thereof, shall not provide instruction in club owned aircraft for other than its members and shall not engage in charter service or any other commercial aeronautical activity at the Spanish Fork/Springville Municipal Airport.
(C)
register all aircraft owned, leased, or used by the flying club with the Airport Manager.
(D)
assure that each aircraft operated, owned or leased by a flying club is in full compliance with air worthiness requirements of the appropriate federal agency.
(ii)
All hangars constructed on the Spanish Fork/Springville Airport shall be used for the sole purpose of aircraft storage and storage of aircraft related materials including materials used for spraying from aircraft. Storage of non-aircraft related materials shall be prohibited.
(A)
All hangars shall be constructed in a location, and in such a manner as prescribed by the Airport Board. The Board shall establish construction standards to regulate size, type of construction, materials used, and exterior appearance of all hangars. Individuals desiring to construct a hangar must submit to the Board through the Airport Manager a site plan showing the following information: desired location of hangar; elevations of structure showing the general appearance and types of external materials to be used; size and number of aircraft to be stored; and owner of hangar, including name, address and phone number.
(B)
Upon approval of the site plan by the Board, a hangar lease agreement must be executed and a building permit obtained prior to commencing of construction. All construction shall comply with the Uniform Building Codes as adopted by Spanish Fork City.
(C)
All hangar owners must maintain their structure to the level of standards as prescribed by the Airport Board. Necessary repairs and maintenance must be completed on the structures as directed by the Board. The Board can recommend termination of the hangar lease agreement to the City Councils, as prescribed in said lease agreements, if the hangar owner does not maintain and use the structure in accordance with the mandates of the Board.
(Adopted by Ordinance No. 6-92)