For purposes of this chapter, the following definitions shall apply:
ACTIVITY LICENSE
Any license, permit or other authorization which is or may be required
by the United States government, the state, the owner or any duly authorized
agency or subdivision thereof for the conduct of the applicant's business.
AERIAL APPLICATORS
A person, firm, corporation, or other entity conducting aerial agriculture
spraying or seeding activities at the airport for compensation or hire.
AERONAUTICAL ACTIVITY
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.
AGRICULTURE LAND
Airport property currently not needed for aeronautical use and is
available for agrarian purposes.
AIR CHARTER
A person or entity that provides on-demand nonscheduled passenger,
ambulance or cargo transportation service in aircraft having less than 30
passenger seats. The entity must operate under the appropriate Federal Aviation
Regulations (FARs).
AIRCRAFT
Any contrivance invented, used or designed for navigation of or flight
in air.
AIRCRAFT OPERATION
An aircraft's takeoff from or landing at an airport. A touch-and-go
is two operations.
AIRCRAFT OWNER
A person or single entity holding legal title to an aircraft, or
any person having exclusive possession of an aircraft.
AIRCRAFT PARKING AND STORAGE
This minimum standard covers the commercial operation of renting
or leasing aircraft parking and storage to the public for compensation.
AIRCRAFT PARKING AND STORAGE AREAS
The hangar and apron location on the airport designated by the airport
owner or airport manager for the parking and storage of aircraft.
AIRCRAFT RENTAL
The commercial operation of renting or leasing aircraft to the public
for compensation.
AIRCRAFT SALES
The sale of new or used aircraft through brokerage, ownership, franchise,
distributorship, or licensed dealership.
AIRFRAME AND POWER PLANT MAINTENANCE
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.
AIRPORT
Any area of land or water which is used, or intended for use, for
the landing and take-off of aircraft and any appurtenant areas which are used,
or intended for use, for airport buildings or other airport facilities or
rights-of-way, together with all airport buildings and facilities located
thereon which are owned, leased or otherwise controlled by the City of Rice
Lake or its tenants and operated as the City of Rice Lake Regional Airport.
AIRPORT LAYOUT PLAN (ALP)
The FAA-approved plans and drawings of an airport depicting the layout
of the existing and proposed airport facilities.
AIRPORT MANAGER
The designated individual/firm, appointed/contracted by the airport
owner, duly authorized to administer and manage all operations of the airport
and airport facilities.
ASSURANCES
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.
AVIATION FUEL
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.
AVIATION-RELATED ACTIVITY
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.
AVIONICS SALES AND MAINTENANCE
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.
BASED AIRCRAFT
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.
COMMERCIAL ACTIVITY
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.
COMMERCIAL OPERATOR (OPERATOR)
A person, firm, corporation, or single entity conducting commercial
aeronautical services or activities at the airport for compensation or hire.
The operator may be classified as either a fixed base operator (FBO) or a
specialized aviation service operator (SASO).
COMMERCIAL SKYDIVING
A person, firm, corporation, or other entity conducting skydiving
or skydiving activities at the airport for compensation or hire.
EXCLUSIVE RIGHT
A power, privilege, or other right excluding or debarring another
from enjoying or exercising a like power, privilege, or right. An exclusive
right can be conferred either by express agreement, by the imposition of unreasonable
standards or requirements, or by any other means.
FEDERAL OBLIGATION
Contractual commitment of the airport owner that arises from the
conveyance of the land or from a grant agreement.
FIXED BASE OPERATOR (FBO)
A full-service commercial operator who engages in the primary activity
of aircraft refueling and a minimum of four of the following secondary activities:
D.
Avionics sales and maintenance;
F.
Aircraft parking and storage; or
G.
Airframe and power plant maintenance.
FLIGHT TRAINING
The commercial operation of instructing pilots in dual and solo flight,
in any aircraft, and related ground school instruction as necessary to complete
a FAA pilot's knowledge test and practical flight test for various categories
of pilot certificates and ratings. Flight training operations must include
aircraft rental.
FLYING CLUB
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.
FUEL AND FUEL HANDLING
The transportation, sale, delivery, dispensing, or draining of fuel
or fuel waste products to or from an aircraft.
FUEL STORAGE AREA
Any portion of the airport designated temporarily or permanently
by the airport owner as an area in which aircraft fuel and any other type
of fuel may be stored or located.
GENERAL AVIATION
All civil aviation operations other than scheduled air services and
nonscheduled air transport operations for remuneration or hire.
GRANT ASSURANCE
Any agreement made between the airport owner and the FAA for the
grant of federal funding or a conveyance of land either of which the airport
owner agrees to use for airport purposes.
HAZARDOUS MATERIAL
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.
INDEPENDENT CONTRACTOR
A commercial operator offering a single aeronautical service but
without established place of business on the airport. An airport owner may
or may not allow this type of servicing to exist on the airport.
LEASE
The written contract between the airport or airport owner and a person
(lessee) specifying the terms and conditions under which a person may conduct
commercial, aeronautic or agriculture activities as defined within the established
minimum standards.
LEASEHOLD IMPROVEMENT
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.
LIGHT-SPORT AIRCRAFT
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:
A.
Maximum gross takeoff weight of 1,320 pounds (599 kilogram), 1,430 pounds
for seaplanes.
B.
Lighter-than-air light-sport aircraft maximum gross weight of 660 pounds
(300 kilogram).
C.
Maximum stall speed of 51 mph (45 knots).
D.
Maximum speed in level flight with maximum continuous power (Vh) of
138 mph (120 knots).
E.
Two-place maximum (pilot and one passenger).
F.
Single, nonturbine engine only, included rotary or diesel engines.
G.
Fixed ground adjustable propeller.
J.
Repositionable landing gear for seaplanes allowing the wheels to be
rotated for amphibious operation.
K.
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.
L.
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.
M.
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.
N.
Will be FAA registration-N-number.
O.
Aircraft category and class includes: airplane (land/sea), gyroplane,
airship, balloon, weight-shift-control (trike land/sea), and powered parachute.
P.
United States or foreign manufacture of light-sport aircraft is authorized.
Q.
Aircraft with a standard airworthiness certificate that meet above specifications
may be flown by sport pilots. However, that airworthiness certification category
will not be changed to a light-sport aircraft. Holders of a sport pilot certificate
may fly an aircraft with a standard airworthiness certificate if it meets
the definition of a light-sport aircraft.
R.
May be operated at night if the aircraft is equipped per FAR 91.209
and the pilot holds at least a private pilot certificate and a minimum of
a third-class medical.
MINIMUM STANDARDS
The qualifications or criteria which may be established by the airport
owner as the minimum requirements that shall be met as a condition for the
right to conduct a commercial activity on the airport.
NONCOMMERCIAL AVIATION FUEL USAGE
The fueling of an aircraft by an aircraft owner, their employees
or pilot using pumps and equipment installed for that purpose. The "fuel user"
is defined as a single entity fueling an aircraft owned and operated by the
entity. The fueling facility may or may not be attended by the FBO that owns/leases
and operates the equipment. Only FBOs can sell and provide for the into-aircraft
delivery of fuel into other owner/operated aircraft.
OWNER
The City of Rice Lake, Wisconsin, or its successor in title in the
event of a transfer of the airport facility, granting the Airport Commission
the authority to operate the airport and to grant and/or lease operating rights.
PERSON
Any individual, firm, partnership, corporation, company, association,
joint stock association, or body politic; and includes any trustee, receiver,
assignee, or other similar representative thereof.
PREVENTATIVE AIRCRAFT MAINTENANCE
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.
ROADWAY
Any street or road, whether improved or unimproved, within the boundaries
of the airport and designated for use by ground vehicles.
SELF-SERVICE
Fueling or maintenance of an aircraft on airport property, performed
by the aircraft owner or their employees in accordance with FAR and the airport's
reasonable standards or requirements.
SPECIALIZED AVIATION SERVICE OPERATION (SASO)
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:
B.
Airframe and power plant maintenance;
E.
Avionics sales and maintenance;
F.
Aircraft parking and storage;
G.
Specialized commercial flying services:
SPECIALIZED COMMERCIAL FLYING SERVICES
This operator shall be engaged in air transportation for hire for
the purpose of providing the use of aircraft for the following activities:
A.
Nonstop sightseeing flights that begin and end at the same airport.
B.
Crop dusting, seeding and spraying and bird chasing.
C.
Banner towing and aerial advertising.
D.
Aerial photography or survey.
F.
Power line or pipeline patrol.
G.
Airborne mineral exploration.
H.
Any other operations specifically excluded from Part 135 of the Federal
Aviation Regulations.
STATE
The State of Wisconsin and, as applicable, the State of Wisconsin
Department of Transportation, Bureau of Aeronautics.
SUBLEASE
The written agreement stating terms and conditions under which a
third-party person leases space from a lessee for the purpose of providing
aeronautical services at the airport.
TAXILANE
That portion of the airport apron area, or any other area, used for
access between taxiways and aircraft parking or storage areas.
TAXIWAY
A defined path established for the taxiing of aircraft from one part
of the airport to another.
TENANT
Any person(s), firm or legal entity that will have applied for and
received written permission to establish a leasehold or other right at the
airport, whether for commercial activity or not.
THROUGH-THE-FENCE AGREEMENT
An agreement between the airport owner and a commercial adjacent
property owner permitting access to the public landing area.
UNICOM
A nongovernment communication facility, which may provide airport
information at certain airports.
VEHICLE PARKING AREA
Any portion of the airport designated and made available temporarily
or permanently by the airport owner for the parking of vehicles.
It is the policy of the owner to grant to the Airport Commission the
authority to operate the airport and to grant and/or lease operating rights
to those qualified applicants who have duly made application for said lease
right in the manner and form prescribed.
A. Upon the consideration of the applicant, the Airport
Commission shall determine whether or not the application meets the standards
and qualifications as herein set out and whether or not such application should
be granted, in whole or in part, and if so upon what terms and conditions.
B. All persons conducting aeronautical activities at the
Rice Lake Regional Airport shall, as a condition of conducting such activities,
comply with all the requirements set forth in these minimum standards. The
minimum standards are deemed to be a part of each commercial operator's
lease or agreement with the owner. The mere omission of any particular standard
in a lease or agreement shall not constitute a waiver or modification of the
standard unless the document expressly states that the owner waives application
of that standard.
C. It is the owner's intent to have prepared and make
available an airport layout plan which will be a scaled, dimensional layout
of the entire airport property indicating, in general, current and proposed
usage for each identifiable segment.
D. All applicants shall meet the minimum standards as recited
herein and which pertain to their respective category. These minimum standards
shall not apply to commercial aviation operators who have a current minimum
standards agreement with the City of Rice Lake. Minimum standards will be
applied to existing operators upon renewal of the existing lease or agreement.
Existing operators who are unable to meet the minimum standards at the time
of lease or agreement renewal shall submit a plan outlining specific timelines
for complying with the minimum standards. The owner must approve the plan
prior to renewal of the lease or agreement.
E. Multiple services. When a commercial operator conducts
multiple activities pursuant to one lease or agreement with the owner, the
commercial operator shall comply with the minimum standards established for
each separate activity. If the minimum standards for another activity are
inconsistent with the minimum standards for another activity, then the minimum
standard that is more restrictive or imposes a higher standard shall apply.
F. It is the intent of the Airport Commission to examine
each person desiring to conduct aeronautical activities at the Rice Lake Regional
Airport. Each person shall be responsible to provide satisfactory evidence
to the Airport Commission of its respective technical ability and financial
responsibility, including the capability to meet the insurance requirements
as stated herein. Activities with no specific minimum standards established
in the document will be addressed by the owner on a case-by-case basis in
the commercial operator's lease or agreement.
G. The owner may review the minimum standards and procedures
from time to time and may make such revisions or amendments as shall be deemed
necessary to properly protect the health, safety and interest of the public.
Upon enactment of any such amendments, all operators and tenants shall be
required to conform to such amended standards in accordance with this chapter.
H. In addition to the requirements of the FAA or the state,
the owner may establish and implement such rules and regulations as may be
required for the safe and orderly operation of the airport, the safe and orderly
operation of aircraft in the airport traffic area and airspace surrounding
the airport, and the safe and orderly operation of aircraft on the ground.
I. No person(s), firm or legal entity shall act as an operator/tenant
or conduct any commercial activity of any kind or nature whatsoever on the
airport until such time as the person(s), firm or legal entity has applied
for and received permission to and has entered into and executed a lease/operating
agreement with the owner. Each successful applicant shall, within 30 business
days after having received written approval of its application, be ready,
willing and able to enter into a written lease/operating agreement with the
owner in a form and manner prescribed by the owner. In the case of an air
charter operation which is not based at the airport but which operates to
and from the airport, the payment of all applicable parking or other levied
fees shall be deemed sufficient to meet the requirements of this subsection.
J. The owner may waive or modify any portion of these minimum
standards for the benefit of a governmental agency performing nonprofit public
services, fire protection or emergency response operations.
K. The owner may waive or modify any portion of these minimum
standards for any person when it is determined that such waiver is in the
best interest of the public and will not result in unjust discrimination against
other commercial operations at the airport.
The following standards shall apply to all operators, with the exception
of flying clubs, whose complete list of standards is presented in the section
which pertains solely to that type of operation.
A. The lease/operating agreement shall be for a term to
be mutually agreed upon between the parties commensurate with the operator's
financial investment in his/her facility.
B. The operator shall have had experience in the service
he wishes to provide for a period of five years. It will be satisfactory if
the operator has, in a reasonable supervisory position, a person with such
minimum experience requirements. Should an operator not have such experience
but be able to demonstrate to the owner's satisfaction that he has had
equivalent related experience, such will be deemed acceptable. A statement
of qualifications shall accompany the operator's letter of intent to
the owner.
C. Any operator seeking to conduct services at the airport
must provide the owner with a letter setting forth the operator's financial
integrity, to the owner's satisfaction, from a bank or trust company
doing business in the area or from other such source that may be readily verified
through normal banking channels. The operator must also demonstrate that it
has the financial ability or backing, where applicable, for the construction
of facilities that may be required for the proposed concept of operation.
In addition, the financial institution letter shall include a current financial
net worth showing that the applicant holds unencumbered current assets in
a total amount at least equaling three months' estimated maintenance
and operating expenses.
D. All operators shall demonstrate to the owner's satisfaction
evidence of their ability to acquire insurance coverage as stipulated for
each particular type of operation. In addition, the operator shall include
the owner as an additional insured and stipulate that the operator will hold
harmless the owner in all action against it. The following shall be established
as minimum coverage:
(1) Aircraft liability, for bodily injury and property damage:
(a) Combined single limit: $1,000,000.
(b) Bodily injury (each passenger): $300,000.
(2) Comprehensive public liability and comprehensive property
damage, including vehicular, for bodily injury and property damage:
(a) Combined single limit: $1,000,000.
(b) Aggregate limit: $3,000,000.
(3) Hangar keeper's liability: $1,000,000 each accident.
(4) Product liability: $1,000,000 each accident.
(5) Aircraft renter's liability: $300,000 each accident.
(6) Storage tank liability, corrective action and cleanup
policy: $2,000,000 each incident.
E. Any operator located on the airport and performing any
one or more of the specialized aviation service operation categories and functions
shall lease from the owner an area to provide floor space in accordance with
the classifications 1 and 2 as further explained in subsections below. All
operators shall provide floor space for an office, customer lounge and rest
rooms, which shall be properly heated and lighted, and shall provide telephone
facilities for customer use.
(1) Specialized aviation service operation activity: four
or more services. SASOs with four or more services shall be required at least
10,000 square feet of floor space with adequate aircraft and vehicle parking.
(2) Specialized aviation service operation activity: fewer
than four services. SASOs with fewer than four services shall be required
a minimum of 5,000 square feet of floor space with adequate aircraft and vehicle
parking.
F. Each lease for ground space and contract for specialized
aviation service operation activity at the airport entered into by the owner
shall include each of the following provisions as are required by state and
federal governments:
(1) Fair and nondiscriminatory provisions.
(2) Affirmative action assurances.
(4) Nonexclusive right provision.
(5) Other mandated provisions. The most current amendment
or form of such mandatory lease provisions shall be obtained from the state
or federal governments and shall be included in each lease at the time of
execution.
G. All operators shall have the right, in common with others
so authorized, to use common areas of the airport, including runways, taxiways,
aprons, roadways, floodlights, landing lights, signals and other conveniences
for the takeoff, flying and landing of aircraft.
H. Any construction required of any operator shall be in
accordance with design and construction requirements of the city, state and
federal regulations and applicable codes. All plans and specifications shall
be submitted to the owner for approval prior to the start of construction.
I. The operator shall provide adequate, paved auto parking
space within the leased area sufficient to accommodate all activities and
operations.
J. The operator shall provide a paved aircraft apron within
the leased area to accommodate aircraft movement from the operator to the
building to the taxiway or the access to the taxiway that has been or will
be provided for the operator.
K. The operator shall comply with all pertinent FAR requirements.
L. The airport manager is responsible for the security policies
approved by the Airport Commission not otherwise described in local, state
and federal statutes.
(1) All persons conducting business on airport property must
wear a security badge provided by airport manager including but not limited
to the following:
(a) Employees of the owner, FBO, SASO, or other businesses
located on airport property;
(b) Subcontractors or consultants working on behalf of the
owner, FBO, SASO or other businesses located on airport property; and
(c) Any person or firm conducting maintenance on any aircraft
based or located on airport property.
(2) Operators of aircraft parked on the ramp must remove
keys. It is recommended all aircraft be locked.
(3) All visitors, FBO and SASO employees should immediately
report any suspicious activity to law enforcement and/or the airport manager.
(4) Visitors are not allowed inside the fenced area of the
airport without permission of the airport manager or the authorized designee.