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This chapter establishes the minimum standards for the conduct of civil commercial aeronautical activities at the Springfield-Beckley Municipal Airport, Ohio.
These standards provide, through the granting of certain privileges, the minimum activities of general aviation airport services required by the public of a metropolitan area. Through the granting of these privileges and establishment of the requirements, it is felt that the Springfield-Beckley Municipal Airport will best be able to ensure availability and continuance of service in a safe and efficient manner. To conduct an activity at the Springfield-Beckley Municipal Airport, it shall be necessary to meet the criteria and requirements, as set forth by the City for those activities as specifically required by these rules and regulations.
The following publications were used in the development of this chapter:
(a) Federal Aviation Agency (FAA) Advisory Circular (AC) No. AC150/5190-1A; Minimum Standards for Commercial Aeronautical Activities on Public Airports, December 16, 1985.
(b) Federal Aviation Agency (FAA) Advisory Circular (AC) No. AC150/5190-2A; Exclusive Rights at Airports, April 4, 1972.
(c) FAA Handbook ASP 5190.6 "Airports Compliance Requirements".
(d) Springfield Municipal Airport Master Plan; Phase 2 - July 1980.
(Ord. 01-299. Passed 8-21-01.)
As used herein, the following terms shall have the meanings indicated:
(a) "Standard(s)" means one or more qualifications which may be established as minimum requirements to be met as a condition for the right to conduct an activity at the Municipal Airport.
(b) "Commercial aeronautical activity" means any aeronautical activity conducted in or from Airport property which involves the operation, maintenance or servicing of aircraft where either:
(1) The activity is performed for money or other valuable consideration, or
(2) The activity is performed by a for profit corporation, partnership, company, trust or other legal entity, or
(3) The activity is performed on an aircraft not owned or leased by the performer of the activity.
Aeronautical activity shall include, but not be limited to all activities commonly conducted in airports, such as charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, flying clubs, aerial advertising and surveying, air carrier operations, aircraft sales, aircraft maintenance (which term includes aircraft inspections which must be performed by a FAA licensed inspector and made pursuant to applicable Federal Aviation Regulations), sale of aircraft fuels and consumables, and the servicing/installation of aircraft components. However, the following are activities which by themselves do not constitute aeronautical activities: professional services where any aircraft operation is only incidental to the service (FAA medical examination, engineering activities involving airport siting and zoning, and legal services involving aircraft operation), food preparation and sales (including catering for in-flight meals) and sales of aeronautical accessories either by mail or over-the-counter (installation of these accessories may be an aeronautical activity).
(c) "Airport" and "Municipal Airport" mean the Springfield-Beckley Municipal Airport, Ohio.
(d) "City" means the City of Springfield, Ohio.
(e) "Board" means the Springfield Municipal Airport Advisory Board.
(f) "Commission" means the Springfield City Commission.
(g) "Division of Aviation" means the division within the City government established by public law to manage the aeronautical activities of the Municipal Airport.
(h) "Airport Manager" means the person appointed by the City's City Manager to be the Manager of the Springfield-Beckley Municipal Airport.
(i) "Airport layout 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 Commission and amended from time to time.
(j) "Person" means any person, firm, general or limited partnership, limited liability company, corporation, trust or association making application for, leasing or using any land or facility at the Airport.
(k) "General Fixed Base Operator" (GFBO) means a person, firm or corporation subject to the provisions of a lease and a nonexclusive license engaging in:
(1) three or more specialty commercial aeronautical activities; or
(2) two or more specialty commercial aeronautical activities with fuel dispensing operations.
(l) "Specialty Fixed Base Operator" (SFBO) means a person, firm or corporation subject to the provisions of a lease and a nonexclusive license engaging in two or fewer specialty commercial aeronautical activities.
(m) "Specialty commercial aeronautical activities" means those activities identified in these regulations as being activities which may be used to receive credit for designation as a General Fixed Base Operator.
(n) "Other aeronautical related commercial activities" means a person, firm or corporation subject to the provisions of a nonexclusive license engaging in commercial activities which do not by themselves constitute an aeronautical activity but may support aeronautical activities; however, the term does not include pilot examinations performed by a pilot examiner who is certified pursuant to Federal Aviation Regulations and who does not occupy facilities located on the Airport, such services being unregulated by this Chapter.
(o) "Commercial operator" means a person who provides for compensation or hire goods or services to others in or from the Airport.
(p) "Fuel dispensing operations" means dispensing fuel for sale, either directly or indirectly, to the public, as distinguished from dispensing fuel exclusively for use in a fixed base operator's owned or leased aircraft or vehicles.
(Ord. 01-299. Passed 8-21-01.)
Any person engaged in aviation activities at the Municipal Airport who leases or rents from the City either an aircraft tiedown space or an aircraft hangar space solely for the storage of his/her aircraft is prohibited from conducting any commercial aeronautical activity and/or other aeronautical related commercial activity from the space leased or rented unless he/she is in compliance with these standards.
The City has established standards for commercial aeronautical activities at the Airport. The following space requirements are to be used in determining the space needs for the activities listed below:
(a) Office: Not less than fifty square feet per employee.
(b) Public restrooms: In conformance with applicable building code.
(c) Off-street parking: 1.5 parking spaces per employee.
(d) Briefing and/or classroom: Not less than 124 square feet.
(e) Lobby area: Not less than 124 square feet.
(f) Aircraft storage: Sized for aircraft submitted in the proposal.
(g) Aircraft maintenance and/or repair area: Not less than 4,800 square feet with the repair/maintenance area having an interior clear span height of not less than seventeen feet except for structures existing on or before July 1, 1982.
The requirements for items (a) to (e) above shall be in addition to the space requirements for aircraft storage and/or the maintenance and/or repair area.
Any detached occupied building constructed shall contain not less than 1,000 square feet.
All structures shall be designed and built as permanent structures.
All plans for the improvements of land and buildings shall be submitted with the certification of either a registered architect and/or registered engineer.
The City shall be solely responsible to determine if the site improvements conform to the standards set forth in these regulations.
In the event two or more activities require the same space needs (e.g., restrooms) the City may allow the space to be combined to meet each activity's space requirements. If the applicant wishes to do this, the application shall reflect this combined space approach.
Fuel dispensing operations may only be engaged in by a GFBO.
(Ord. 01-299. Passed 8-21-01.)
Applications for leases of ground and/or facilities in the Airport, or for permission to carry on any commercial aeronautical activity or any other aeronautical related commercial activity in the Airport, with the necessary permits and licenses, shall be filed with the Airport Manager in writing along with an application processing fee of Twenty-Five Dollars ($25.00). The applicant shall submit all information and material necessary, or requested, to establish to the satisfaction of the City that the applicant will qualify and will comply with these rules and regulations. The application shall be signed and submitted by a party authorized to sign for the business. A listing of names, including all interested parties, shall be submitted with the application.
(a) Minimum Application Information/Format. The City shall not accept or take action on a request until after the interested party submits, in writing, a proposal which sets forth the scope of the proposed operation(s). The application shall include:
(1) The legal name and address of the applicant.
(2) The proposed land use, facility and/or activity.
(3) The names and qualifications of the personnel to be involved in conducting such activity.
(4) The financial responsibility and ability of the applicant and operator to perform and provide the activity sought for a minimum of three months.
(5) The tools, equipment, services and inventory, if any, proposed to be furnished in connection with such activity.
(6) The requested or proposed date for commencement of the activity and the term of conducting the same.
(7) 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.
(8) The specific types and amounts of insurance proposed in accordance with minimum requirements for the activity.
(9) Names and a financial statement of proposed guarantors of the lease.
(10) Submission of a pro forma operating statement for first year.
(b) Supporting Documents. The applicant shall submit the listed supportive documents to the Airport Manager. Other documents and information may be requested by the Airport Manager.
(1) Financial statement: A current financial statement certified or prepared by a certified public accountant.
(2) Assets: A written listing of the assets owned or proposed to be purchased which will be used in the business in the airport.
(3) Credit report: A current credit report covering all areas in which the applicant has done business up to the past ten years.
(4) Authorization for release of information: A written authorization for the FAA and CAB and all aviation or aeronautic commissions, administrators or departments of all states in which the applicant has engaged in aviation business to supply the Airport Manager 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.
(5) Aircraft: Copies of aircraft registration(s) and/or lease agreement(s) showing the type and number of aircraft to be used by the applicant in his/her proposed activities.
(c) Action by City Manager. The City Manager shall convene a committee comprised of the Airport Manager, the Chairman of the Airport Advisory Board, a city attorney and such other persons as the City Manager deems advisable to consider the application, negotiate the terms of a lease and/or license and thereafter make a recommendation to the City Manager.
(d) The City may lease any Airport property now or hereafter owned by the City on such terms and conditions as the City may prescribe by negotiation, public auction or sealed bids. All leases made pursuant to public auction or sealed bids shall be made to a responsible bidder at the highest and best rental bid, in accordance with normal bid procedures.
(e) The City shall be the sole authority in determining the financial capability and capacity of persons proposing activities on the Airport.
(f) If the City Manager is able to determine that an applicant meets all requirements and standards pertaining to the type of commercial activity for which a license is sought, the City Manager shall issue a license to the applicant; otherwise no license shall issue to the applicant. Licenses issued pursuant to this Chapter shall expire on the expiration date of the lease entered into between the City and the applicant related to the license. In the event the City terminates a lease entered into pursuant to this Chapter, the license related to such terminated lease shall expire at the same time such lease termination becomes effective.
No person shall be granted an exclusive right to conduct any commercial aeronautical activity or any other aeronautical related commercial activity in the Airport. No person shall be permitted to use any land or structure to conduct any commercial aeronautical activity or any other aeronautical related commercial activity or the solicitation of
business unless in accordance with the standards herein established.
Prior to the leasing of any space, whether ground or building, and prior to commencing any operation or business in the Airport, a prospective lessee shall present evidence satisfactory to the City that the prospective lessee meets the minimum standards established herein for engaging in such business in the Airport. The City, as owner of the Airport, may engage in such activities as it deems to be appropriate and in its best interest.
(a) The lessee shall, prior to exercising the privileges of the lease, obtain and during the term of his lease, keep current all State, Federal and local licenses required for each phase of his/her Airport activity and comply at all times during the term of his/her lease with all Federal, State and local laws and regulations.
(b) Upon execution of the lease agreement, and before the applicant is given possession of the leasehold, the applicant shall post a performance bond of eighty percent (80%) of the amount of the total estimated construction cost of all leasehold capital improvements to be erected by the applicant, guaranteeing the construction of all such facilities in accordance with the plans and specifications thereon within the time specified under the lease. If such construction or improvements are valued at less than ten thousand dollars ($10,000), no performance bond is required.
(c) Before the applicant is given possession of the leasehold, the applicant shall provide the City with a surety bond in the amount equal to two months of the annual lease guaranteeing payment of rentals reserved under the lease.
(d) Each lessee is expressly prohibited from conducting any activity at the Airport other than as provided for by the lease.
(e) If the nature of the activity to be conducted by the lessee requires an environmental impact statement, the lessee, at his/her expense, shall prepare and submit such a statement to measure the effect of the activity to be conducted on the ecology of the area which may be impacted.
(f) Each activity to be conducted by the lessee shall be conducted and located in conformity with the Airport Master Plan, Airport Operations Manual and the Airport Layout Plan, in effect at this time and as may be amended from time to time.
(g) All leasehold improvements shall be constructed in accordance with detailed construction plans and specifications which shall be submitted to the Airport Manager and have approval of the City. All construction shall meet the building code requirements of all applicable governing bodies.
(h) The prospective lessee shall disclose if the applicant has previously been held in default of any lease agreement, contract, license or permit relating to the operation of a business by a court of law or other cognizant legal authority.
(i) The prospective lessee shall have a satisfactory credit rating. Refusal to submit necessary information for making a credit appraisal shall disqualify the applicant from further consideration.
(j) The prospective lessee shall demonstrate a current financial net worth showing that he/she holds unencumbered current assets in a total amount equaling at least three months' estimated maintenance and operating expenses. Applicant shall also demonstrate that he/she has the capital required or unconditional financial backing sufficient to construct all leasehold improvements required by these standards and shall unconditionally commit to such construction within a specified period of time. If commitments of the lease are not followed, the City may, at its option, take necessary steps to foreclose on the performance bond.
(k) All structures and improvements hereafter erected or placed on the leasehold shall require the lessee to obtain the prior written approval thereof from the FAA. For approval by the FAA, the lessee shall submit thereto, in triplicate, "Notice of Construction or Alteration" on FAA Form 7460-1, properly completed and accompanied by a map or sketch, prepared at a scale large enough to permit evaluation of the proposed buildings or structures with respect to airspace utilization and FAA Technical Standard Ord. N-18 and showing the height and dimensions of such buildings or structures and their relationship to the Airport.
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