HomeMy WebLinkAboutR02-169 Airport PUD Amendment • •
Commissioner 04.77-Le___ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - / �9
APPROVAL OF AMENDMENT OF
THE EAGLE COUNTY REGIONAL AIRPORT
PLANNED UNIT DEVELOPMENT
Eagle County File PDA -00041
WHEREAS, on April 22, 1986, the Eagle County Board of County
Commissioners (hereinafter "Board "), adopted Eagle County Resolution No 86 -37,
approving an Zone District Amendment from Resource to Planned Unit Development for
the Eagle County Regional Airport; and
WHEREAS, the Eagle County Regional Airport Planned Unit Development has
subsequently been amended twice, through Resolutions 96 -87 and 96 -110, to- incorporate
minor modifications in development standards and/or to correct clerical errors; and
WHEREAS, on or about September 27, 2002, the County of Eagle, State of
Colorado accepted for filing an application submitted by Kenny Maenpa, Manager, Eagle
County Airport (hereinafter "Applicant ") for amendment of the Eagle County Airport
Planned Unit Development, near Gypsum, Colorado (hereinafter the "PUD "), Eagle
County File No. PDA - 00041; and
WHEREAS, the Applicant requested the amendment of the PUD for the purpose
of modifying allowed uses, covered in Section I of the PUD Guide, as follows:
1) Drop the word "Contemplated" from the Section I title so that it reads "Uses to
be Allowed on the Airport" instead of "Contemplated Uses to be Allowed on the
Airport".
2) Drop the words "for Juveniles" from subsection item "0" so that it reads
"Group Home" instead of "Group Home for Juveniles ".
3) Drop the word "Underground" from subsection "V" so that it reads "Fuel
storage" instead of "Underground fuel storage "; and
WHEREAS, on May 28, 2002, the County of Eagle, State of Colorado approved
and adopted Resolution No. 2002 -076 enacting the revised "Minimum Standards and
Requirements for the Provision of Commercial Aeronautical Services ", attached hereto as
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Commissioner (` f_ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002 - 1629_
APPROVAL OF AMENDMENT OF
THE EAGLE COUNTY REGIONAL AIRPORT
PLANNED UNIT DEVELOPMENT
Eagle County File PDA -00041
WHEREAS, on April 22, 1986, the Eagle County Board of County
Commissioners (hereinafter "Board "), adopted Eagle County Resolution No 86 -37,
approving an Zone District Amendment from Resource to Planned Unit Development for
the Eagle County Regional Airport; and
WHEREAS, the Eagle County Regional Airport Planned Unit Development has
subsequently been amended twice, through Resolutions 96 -87 and 96 -110, to incorporate
minor modifications in development standards and /or to correct clerical errors; and
WHEREAS, on or about September 27, 2002, the County of Eagle, State of
Colorado accepted for filing an application submitted by Kenny Maenpa, Manager, Eagle
County Airport (hereinafter "Applicant ") for amendment of the Eagle County Airport
Planned Unit Development, near Gypsum, Colorado (hereinafter the "PUD "), Eagle
County File No. PDA- 00041; and
WHEREAS, the Applicant requested the amendment of the PUD for the purpose
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of modifying allowed uses, covered in Section I of the PUD Guide, as follows:
1) Drop the word "Contemplated" from the Section I title so that it reads "Uses to
be Allowed on the Airport" instead of "Contemplated Uses to be Allowed on the
Airport".
2) Drop the words "for Juveniles" from subsection item "0" so that it reads
"Group Home" instead of "Group Home for Juveniles ".
3) Drop the word "Underground" from subsection "V" so that it reads "Fuel
storage" instead of "Underground fuel storage "; and
WHEREAS, on May 28, 2002, the County of Eagle, State of Colorado approved
and adopted Resolution No. 2002 -076 enacting the revised "Minimum Standards and
Requirements for the Provision of Commercial Aeronautical Services ", attached hereto as
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Exhibit A, and the revised "Airport Rules and Regulations ", attached hereto as Exhibit B;
and
WHEREAS, notice of the proposed amendment was mailed to all owners of
property located within and adjacent to the PUD and was duly published in a newspaper
of general circulation throughout the County concerning the subject matter of the
application and setting forth the dates and times of hearings for consideration of the
application by the Planning Commission and the Board of County Commissioners of the
County of Eagle, State of Colorado; and
WHEREAS, at its public hearing held November 6, 2002 the Eagle County
Planning Commission, based on its findings, recommended approval of the proposed
amendment to the PUD Guide; and,
WHEREAS, a public hearing was held by the Board of County Commissioners
of the County of Eagle, State of Colorado, on November 19, 2002; and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master
Plan for the unincorporated areas of Eagle County, comments of the Eagle County
Department of Community Development, comments of public officials and agencies, the
recommendation of the Planning Commission, and comments from all interested parties,
the Board of County Commissioners of the County of Eagle, State of Colorado, finds as
follows:
Pursuant to Eagle County Land Use Regulations Section 5- 240.F.3.e. Standards
for the review of a Sketch and Preliminary PUD Plan:
1. Unified ownership or control. The title to all land that is the direct subject
of this application is owned or controlled by one (1) entity or person.
2. Uses. The uses that may be developed in the PUD are those uses that are
designated as uses that are allowed, allowed as a special use or allowed as
a limited use in the Planned Unit Development Guide in effect for the
property at the time of the application for the PUD Amendment.
3. Dimensional Limitations. The dimensional limitations that shall apply to
the PUD are those specified in the Planned Unit Development Guide in
effect for the property at the time of the application for the PUD
Amendment.
4. Off - Street Parking and Loading. It has previously been found at the time
that the Preliminary Plan for the PUD was approved that adequate, safe
and convenient parking and loading was being provided. The proposed
PUD Amendment will not adversely effect the adequacy of the existing
off- street parking and loading.
5. Landscaping. It has previously been found at the time that the Preliminary
Plan for the PUD was approved that landscaping complies with applicable
requirements of the Land Use Regulations, except where variances have
been granted. The proposed PUD Amendment does not impact existing
landscaping nor require additional landscaping.
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6. Signs. It has previously been found at the time that the Preliminary Plan
for the PUD was approved that signs comply with applicable requirements
of the Land Use Regulations, except where variances have been granted.
The proposed PUD Amendment does not impact existing sign standards.
7. Adequate Facilities. It has previously been found that adequate facilities
were to be provided based on the Land Use Regulations in effect at the
time of approval of the Preliminary Plan for the PUD. The proposed PUD
Amendment will not adversely affect the provision of adequate facilities
with respect to potable water supply, sewage disposal, solid waste
disposal, electrical supply, fire protection and roads, or location in relation
to schools, police and fire protection, and emergency medical services.
8. Improvements. It has previously been found that adequate improvements
were to be provided based on the Land Use Regulations in effect at the
time of approval of the Preliminary Plan for the PUD. The proposed PUD
Amendment will not adversely affect improvements regarding:
(a) Safe, Efficient Access.
(b) Internal Pathways.
(c) Emergency Vehicles
(d) Principal Access Points.
(e) Snow Storage.
9. Compatibility With Surrounding Land Uses. The development proposed
for the PUD is compatible with the character of surrounding land uses.
The proposed PUD Amendment will not adversely affect this
compatibility.
10. Consistency with Master Plan. The PUD is consistent with the Master
Plan, including, but not limited to, the Future Land Use Map (FLUM).
The proposed PUD Amendment will not adversely affect the consistency
with the Master Plan.
11. Phasing. A phasing plan is not required for this PUD Amendment.
12. Common Recreation and Open Space. It has previously been found that
the development does comply with the common recreation and open space
standards applicable at the time of approval of the Preliminary Plan for the
PUD. The proposed PUD Amendment will not significantly adversely
affect common recreation and open space within the PUD with respect to:
(a) Minimum area;
(b) Improvements required;
(c) Continuing use and maintenance; or
(d) Organization.
13. The proposed PUD Amendment will not adversely affect natural
resources.
Pursuant to Eagle County Land Use Regulations Section 5- 240.F. 3.m
Amendment to Preliminary Plan for PUD:
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14. The proposed PUD Amendment (1) is consistent with the efficient
development and preservation of the entire Planned Unit Development, (2)
does not affect in a substantially adverse manner either the enjoyment of
land abutting upon or across a street from the planned unit development or
the public interest, and (3) is not granted solely to confer a special benefit
upon any person.
Pursuant to Eagle County Land Use Regulations Section 5- 280.B.3.e. Standards
for the review of an application for subdivision:
15. The PUD Amendment is consistent with the Master Plan, and it is
consistent with the Future Land Use Map (FLUM).
16. It has previously been found that the development complied with the
regulations, policies and guidelines of the Land Use Regulations
applicable at the time of approval of the Preliminary Plan for the PUD.
The proposed PUD Amendment does not create any non - compliance with
any provisions of the current Land Use Regulations.
17. The proposed PUD Amendment does not adversely affect the spatial
patterns in the area.
18. The proposed PUD Amendment does not alter the suitability of the
property for development.
19. It has previously been found that the development was compatible with
other development in the area. The proposed PUD Amendment will not
adversely effect the compatibility of the resulting development with
surrounding uses.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Kenny Maenpa, Manager, Eagle County
Airport for amendment of the Eagle County Regional Airport Planned Unit Development
be and is hereby granted;
THAT, the Board hereby approves the Amended Planned Unit Development
Guide, revised and attached hereto, dated November 20, 2002 ; and
THAT, the Board directs the Department of Community Development to provide
a copy of this Resolution to the Applicant; and
THAT, the Board hereby finds, determines and declares that this Resolution is
necessary for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of
the County of Eagle, State of Colorado, at its regular meeting held the /(day of
2002, nunc pro tunc to the 19 ' day of November, 200
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COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: r, '00 . <a..,� '• BOARD OF COUNTY COMMISSIONERS
A o ° Michael L. Gallagher, Chairman
Clerk to the Board of Board of Coun Commissioners
County Commissioners 1071 1 ''
Tom • . e
Co ri .
olotoN .
Arnrain nconi
Glefffmussiofier (j AO
Commissioner seconded adoption of the foregoing resolution.
The roll having been lied, the vote was as follows:
Commissioner Michael L. Gallagher --•
Commissioner Tom C. Stone
Commissioner Am M. Menconi
This Resolution passed by - v vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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EAGLE COUNTY AIRPORT
PLANNED UNIT DEVELOPMENT
CONTROL DOCUMENT
Amended November 20, 2002
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EAGLE COUNTY REGIONAL AIRPORT
PLANNED UNIT DEVELOPMENT
PAGE 2
The Eagle County Airport Planned Unit Development represents a unique use in Eagle
County, being the only public airport in the County. It is also unique in that it is operated
by the Board of County Commissioners. It is also subject to regulation by the Federal
Aviation Administration.
As a public airport, there will be a mixture of uses which make standard zoning for the
airport impractical.
I. Uses to be Allowed on the Airport.
A. Aircraft landing field (fixed wing and rotocraft)
B. Airport related business (Fixed Base Operator and Airport Speciality
Operator)
C. National Guard Facility
D. Office Space (aviation related)
E. Airport related restaurant(s); snack bar; gift, newspaper and magazine
sales
F. Car rental
G. Private hangars (T- hangars and executive type hangars)
H. County road and bridge facility
I. Airport maintenance facility
J. Airport emergency vehicle facility
K. Airport terminal facility
L. Airport flight service station and/or control tower
M. Airport parking facilities (lot or structure)
N. Rental car facilities
O. Group Home
P. Open space
Q. Recreation
R. Agriculture
S. Limited gravel mining (for use within the P.U.D.)
T. Airport or other county office
U. Contractors yard for use during construction on the airport (only)
V. Fuel storage
W. Fire station
X. Utility facilities
Y. Accessory buildings
Z. Aviation - related industry
Prior to use of any part of the development, the proposal is considered by the Board of
County Commissioners.
Use and construction on the airport is regulated by the Eagle County Airport Minimum
Standards for Aeronautical Services, which are adopted by the Board of County
Commissioners. (A copy of the Eagle County Minimum Standards for Aeronautical
Services in force at the time of this application are attached and marked Exhibit A.)
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EAGLE COUNTY REGIONAL AIRPORT
PLANNED UNIT DEVELOPMENT
PAGE 3
These documents are subject to change or amendment by the Board of County
Commissioners. All Fixed Base Operators and Airport Special Operators are further
regulated by the Airport Rules and Regulations (A copy of said Rules and Regulations is
attached and marked Exhibit B.) Said Rules are subject to change as provided herein.
Further non - county use of any part of the P.U.D. is regulated by lease conditions imposed
by the Board of County Commissioners. All structures further require permitting through
the F.A.A. to ensure they do not conflict with safety requirements.
Architectural Review - All plan and building designs are reviewed by the Airport
Manager. Any decision of the Airport Manager may be appealed to the Board of County
Commissioners.
II Building Controls
A. Setbacks
1. Minimum setbacks from Cooley Mesa Road or U.S. Highway 6 -
50 feet
2. Minimum setback for new building from center -line of runway as
prescribed by FAA regulations shall be observed.
B. Height
1. 65 foot maximum height for all structures except control tower,
beacons, or other.navigational aids or lights.
C. Building Envelopes
1. Building envelopes shall be designated by the Board of County
Commissioners in its role as airport owner prior to construction of
any new structure.
D. Use Standards
1. All areas shall be kept free of noxious weeds, junk, and general
clutter or other nuisance.
E. Road and Bridge Facility
1. The Road and Bridge Yard shall be screened from general view by
adequate fencing or landscaping.
F. Wildlife Control
1. As funds permit, fences shall be constructed to prevent or hinder
the access of deer to runway or taxiway area.
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EAGLE COUNTY
REGIONAL AIRPORT
MINIMUM STANDARDS
AND
REQUIREMENTS FOR THE PROVISION
OF
COMMERCIAL AERONAUTICAL SERVICES
ADOPTED BY THE EAGLE COUNTY
BOARD OF COUNTY COMMISSIONERS
(May 28, 2002)
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EXHIBIT
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MINIMUM STANDARDS AND REQUIREMENTS
FOR THE PROVISION OF
COMMERCIAL AERONAUTICAL SERVICES
AT
EAGLE COUNTY REGIONAL AIRPORT
SECTION ONE: GENERAL
I. INTRODUCTION
The Eagle County Board of County Commissioners 'Coun
(' ty") owns and operates the Eagle
County Regional Airport ("Airport"). To encourage growth and development of the Airport by
ensuring adequate aeronautical services and facilities for Airport users, the County has
established these standards and requirements (the "Minimum Standards ") for provision of
certain commercial aeronautical services at the Airport.
The following sections set forth the Minimum Standards for a person or persons, partnership,
company, trust or corporation ( "person" or "Operator"), based on the Airport and providing one
or more commercial aeronautical services at the Airport. The Minimum Standards do not apply
to the County itself. These Minimum Standards are not intended to be all- inclusive, as the
operator of a commercial venture who is based on the Airport will be subject additionally to
applicable federal, state and local laws, codes, ordinances and other similar laws or regulations
including Airport Rules and Regulations pertaining to all such services, and to the terms of its
Lease, License, or permit to do business at the Airport, as discussed below.
Permission from the County is a prerequisite to pro i i g an_y commercial _aeronai itical service
on the Airport. Permission must be in writing and may be of two types:
(1) a written agreement, properly executed by Eagle County and the Operator,
establishing a tenancy on the Airport ( "Lease ");
(2) a License & Use Agreement ( "License ") for Fixed Base Operators ( "FBOs ")
and /or Specialized Aviation Service Operators ( "SASOs ") operating their on- airport facilities as
sublessees.
The provisions of the Lease, License or Permit, however, will be compatible with the Minimum
Standards in effect at the time of issuance or as later amended and will not change or modify the
Minimum Standards themselves. These Minimum Standards are deemed to be included as part
of all Leases, Licenses or Permits.
If the specific commercial service provided is not contemplated or covered herein, the person
should approach the County to negotiate the terms of the required lease or license.
These minimum standards expressly forbid "through the fence" commercial operations. The
County's obligation to make the airport available for the use and benefit of the public does not
extend to providing access from adjacent property. Such "through the fence" operations can
adversely affect the ability of the airport to sustain itself financially, result in unfair competitive
situations, and contribute to loss of control with respect to airport access.
Leases, Licenses and Permits in effect on the date of adoption of these Minimum Standards are
subject to these Minimum Standards, and Operators will be required to come into compliance
within ninety days of these Minimum Standards taking effect.
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These Minimum Standards may be amended by the County at its discretion from time to time as
conditions require. Before these Minimum Standards are amended, all Operators at the Airport
will be given written notice of the proposed amendments. A hearing will be held no less than ten
(10) or no more than thirty (30) days after the date of said written notice. Any Operator may
appear at the hearing in person or by counsel and state any objections to such proposed
amendments. Such amendments shall affect Leases, Licenses and Permits then existing
between the County and Operators, and Operators will be required to come into compliance.
II. STATEMENT OF POLICY
The County's goal, in establishing these Minimum Standards, is to assure an adequate minimum
level of service to aviation users, to foster competition at the Airport, to put all FBOs and SASOs
on an equal footing in qualifying and competing for available Airport facilities and the furnishing
of selected aeronautical services, and to avoid unjust or prohibited discrimination between FBOs
and SASOs.
Where the words "standards" or "requirements" appear, it shall be understood that they are
modified by the word "minimum." All Operators will be encouraged to exceed the "minimum."
No Operator will be allowed to operate under conditions that do not meet the "minimum."
Contingent upon its qualifications, its meeting the established Minimum Standards, the
execution of a Lease, License or Permit by the County, and the payment of rentals, fees and
charges as set forth in the Airport Rules and Regulations, the Operator shall have the right and
privilege of providing the service(s) selected on the Airport as specified in the Lease, License or
Permit. The granting of such right and privilege, however, shall not be construed in any manner
as affording the Operator any exclusive right of use of the premises and facilities and the Airport,
other than those premises which may be leased exclusively to it, and then only to the extent
provided in a written agreement. The County reserves and retains the right for use of the Airport
by others who may desire to use the same, pursuant to applicable federal, state and local laws,
ordinances, codes, minimum standards and other regulatory measures pertaining to such use.
The County further reserves the right to designate the specific Airport areas in which the specific
aeronautical services may be conducted. Such designation shall give consideration to the
nature and extent of the operation and the land and improvements available for such purpose,
consistent with the orderly and safe operation of the Airport.
III. DEFINITION OF FIXED BASE OPERATORS AND SPECIALIZED AVIATION
SERVICE OPERATORS
A commercial aeronautical service provider is a person engaging for compensation in provision
of a service which involves, makes possible, or is required for the operation of aircraft, or which
contributes to, or is required for the safe conduct and utility of such aircraft operations.
A commercial aeronautical service provider may be classified as either a Fixed Base Operator
(FBO) or a Specialized Aviation Services Operator ( SASOs) (references below to "Operators"
may encompass both FBOs and SASOs or may refer only to FBOs or to SASOs, as the context
indicates). A Fixed Base Operator is further defined as a person maintaining and operating
facilities at the Airport for the purpose of providing one or more of the following services:
(1) engaging in the retail sale of aviation fuels;
(2) performing other aircraft line services; and
(3) providing aircraft airframe and engine repair and maintenance services.
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Section Two of these Minimum Standards includes a more detailed list of the aircraft line
services and aircraft maintenance services which FBOs must provide. FBO may also engage in
other aeronautical services as identified in their lease or license.
A Specialized Aviation Services Operator is defined as a person maintaining facilities at the
Airport for the purpose of providing one or more of the following services:
(1) specialized aircraft repair services (radios, painting, upholstery, propellers,
instruments, accessories, etc.);
(2) specialized commercial flying services;
(3) flight training;
(4) aircraft sates;
(5) aircraft airframe and engine repair and maintenance;
(6) aircraft rental;
(7) aircraft charter and air taxi service;
(8) aircraft ground handling;
(9) food service specifically for aircraft.
Section Three of these Minimum Standards sets out additional specific standards for SASOs
Where applicable Federal Certification standards exist, the Specialized Aviation Services
Operator shall provide sufficient equipment, supplies, and availability of parts required for
certification as a Federal Aviation Administration approved station.
IV. PREQUALIFICATION REQUIREMENTS
At the time of its application, the prospective Operator shall provide to the Airport Manager, in
writing, the following information and, thereafter, shall provide such additional information as
may be requested by the County.
A. Intended Scope of Services
As a prerequisite to the granting of an operating privilege on the airport, the prospective
Operator must submit a detailed description of the scope of the intended operation, and
the means and methods to be employed to accomplish the contemplated operation, in
order to provide high- quality service. All services contemplated must meet the
requirements of these Minimum Standards. That information must include, at a
minimum, the following:
1. The name, address and telephone number of the applicant. If the
applicant is a corporation, provide the name, address, and telephone
number of the corporation's officers and directors and of owners of any
corporate stock with the number of total shares and the number of
shares owned. If the applicant is a partnership, provide the name,
address, and telephone number of the partners.
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2. If any person or entity holding or controlling, directly or indirectly, any
ownership, voting, management or debt interests (actual or contingent)
( "cross- ownership ") in any on- airport commercial service provider
(aeronautical or non - aeronautical) is involved in the ownership or
management of the potential operator, provide complete information
about the extent and nature of such cross - ownership.
3. The requested or proposed date for commencement of the service and
the term of conducting the same.
4. The services to be offered.
5. The amount, size and location of land to be leased.
6. The size and position of the building(s) to be constructed or leased.
7. The number and type(s) of aircraft to be provided /maintained (as
applicable).
8. The number of persons to be employed (including the names and
qualifications of each person).
9. The hours of proposed operation.
10. The types and amounts of insurance coverage to be maintained.
B. Financial and Managerial Responsibility and Capability
The prospective Operator must provide a statement, satisfactory to the County, in evidence of its
financial responsibility, from an area bank or trust company or from such other source that may
be acceptable to the County and readily verified through normal banking channels. The
prospective Operator must also demonstrate financial capability to initiate operations, to
construct proposed improvements, and to provide working capital to carry on the contemplated
operations. The demonstration of financial and managerial capability shall include a cash flow
and a profit and loss projection for the first five years of the proposed operation. In order to
avoid the potential anti - competitive effects of financial control of potential competitors,
prospective Operators shall also disclose their sources and terms of financing.
C .Experience of Operator and Key Employees
The prospective Operator shall fumish the County with a statement of past experience of the
Operator and its key employees in providing the proposed aviation services, together with a
statement that the Operator or its principals have the managerial ability to perform the selected
services.
V. REQUIREMENTS APPLICABLE TO ALL FBOS AND SASOs
The following standards apply to all FBOs and SASOs necessary. Additional standards specific
to each type of operation can be found in Sections Two and Three of these Minimum Standards.
For the purposes of these Minimum Standards, "leased premises" may include, as appropriate,
any area leased, subleased or otherwise controlled by an FBO or SASO and must be on the
Airport.
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A. Requirement of a Lease or License
1. Before beginning operations, the prospective Operator must enter into a
Lease or License with the County reciting the terms and conditions
under which it will do business on the Airport, including but not limited
to, the term of agreement, the rentals, fees, and charges, the rights,
privileges and obligations of the respective parties, and other relevant
covenants. Such provisions of the Lease or License, however, will
neither change nor modify the Minimum Standards, nor be construed in •
a way to make the Lease or License less demanding than these
Standards.
2. Such a Lease or License shall contain all provisions required by the
Federal Aviation Administration ( "FAA ") as a condition of any Federal
Grant to the County for the Airport.
3. Term lengths will be determined by the BOCC depending upon such
factors as the degree of investment made by the prospective tenant and
the remaining value of such improvements at the end of the proposed
lease term.
B. Site Development and Maintenance Standards
1. Physical Facilities
(a) The minimum space requirements as provided in Sections Two and
Three of these Minimum Standards shall be satisfied.
(b) All paving and building shall comply with the then - current Airport
Development and Construction Standards and all applicable local
building codes and requirements. Any such construction shall be
approved in writing by the County before construction begins.
(c) The Operator shall provide a paved walkway within the leased area to
accommodate pedestrian access to the Operator's office; a paved
aircraft apron with tie -down facilities within the leased area sufficient to
accommodate its services and operations, restrooms and telephone
facilities.
(d) Landscaping of facilities is required. Each FBO or SASO will be
required to provide a plan for landscaping its area to be approved by the
County and maintained by the`FBO or SASO in a neat, clean and
aesthetically pleasing manner, all in accordance with the Rules and
Regulations for the Airport.
(e) If construction on the leased premises or alteration of existing or future
structures on the leased premises is planned, Operator shall comply
with the notification and review requirements of Federal Aviation
Regulation Part 77 and other government entities as may be required.
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• 2. Maintenance
(a) All building maintenance on non - County-owned facilities shall be the
Operator's responsibility. For County -owned facilities, structural and
external repairs (except for windows and hangar doors) shall be the
County's responsibility; all other maintenance, including repair of
windows and hangar doors, shall be the Operator's responsibility.
(b) Operator shall be responsible for trash removal, sewage, grass mowing,
.andscape maintenance, utility line maintenance, and pavement
maintenance within its leased premises.
(c) Operator shall maintain all premises in a clean, sanitary condition and at
the expiration of the lease term shall return said premises to the County
in this condition, reasonable wear and tear excepted.
C. Personnel
During all operating hours, the Operator shall employ and have on duty trained personnel in
such numbers and with such certificates and ratings as are required to provide services
established by the Minimum Standards set forth, in an efficient manner, for each aeronautical
service being performed, and shall provide a responsible person authorized to act on its behalf
to supervise its operations. A list of contacts shall be supplied to the Airport Manager including
after hour's phone numbers. This list shall be updated when any change occurs.
The individual managing the operations of the Fixed Base Operator shall have at least five (5)
years experience in the period of eight (8) years immediately preceding such application, having
been engaged in the business of a Fixed Base operator on an airport at least equal size,
facilities, and activity as the Eagle County Regional Airport.
D. Bond
The Operator shall post a performance bond in a form acceptable to the Eagle County Attorney
in the amount equal to at least 10% of the annual rental established and agreed upon.
E. Insurance
Insurance shall be provided and paid for by the Operator in the amounts specified in the most
current Insurance Requirements on file with the Airport Manager. Eagle County must be named
as an additional insured. A certificate of insurance or a copy of the insurance policies involved
will be furnished to the Airport Manager, or designated representative and 10 days advance
written notice of any change to any policy shall be given to the Airport Manager or Designated
representative. Coverage may be provided through primary or excess policies. The insurance
company, or companies, writing the requested policy, or policies, shall be licensed to do
business in the State of Colorado.
Where more than one aeronautical service is proposed, the minimum limits will vary (depending
upon the nature of individual services in such combination) but will not necessarily be
cumulative in all instances. For example, if three (3) types of services are to be provided, it
would not be necessary for the Operator to carry insurance policies providing the aggregate or
combined total of the minimum limits for each type of operation; however, if one of the selected
services required passenger liability coverage or hangar keeper's liability not required in either of
the other two (2) categories, the Operator would be required to provide insurance on the
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applicable exposures. As a further example, the minimum limit for property damage on a
combination of services would be the highest minimum limit stated in the grouping chosen.
Because of these variables, the applicable minimum insurance coverage on combinations of
services will be discussed with the prospective Operator at the time of its application or
otherwise during lease negotiations.
All insurance that the Operator is required by the County to carry and keep in force shall include
the County and all County personnel, officers and agents as additional insured. The Operator
shall furnish evidence of its compliance with this requirement to the Airport Manager with proper
certification that such insurance is in force and shall furnish additional certification as evidence
of changes in insurance not less than ten (10) days prior to any such change, if the change
results in a reduction or increase. In the event of cancellation of coverage's, the underwriter
shall give the County ten (10) days prior notice of cancellation and all operations shall cease.
The applicable insurance coverage shall be in force during the period of any construction of the
Operator's facilities and /or prior to its entry upon the Airport for the conduct of its business.
The Operator shall also furnish evidence of its compliance with the Colorado Statutes with
respect to Workmen's Compensation and Unemployment Insurance (where applicable). Lapses
in insurance coverage may result in denial of access to the Airport.
Any Operator, who by nature of its size, has become self - insured, shall furnish evidence of such
self - insurance and shall hold the County and all it's personnel, and the officers and agents and
assigns harmless in the event of any claims or litigation arising out of its operation on the airport.
F. Airport Access and Security
Airport access and security shall be maintained at all times in accordance with standards
established and required by the Airport Manager. Participation in and compliance with the
Airport Security Program is mandatory. The Operator is also responsible for its employees',
vendors', and agents' compliance with the Airport Security Program.
G. Motor Vehicles on Airport
The Operator shall control the on- Airport transportation of pilots and passengers of transient
general aviation aircraft using the Operator's facilities and services. The Operator performing
this service with motor vehicles driven on the Airport runway- taxiway system proper shall do so
only in strict accordance with Airport Rules and Regulations, applicable federal, state and
municipal laws, ordinances, codes or other similar regulatory measures now in existence or as
may be hereafter modified or amended. The Operator takes responsibility and assumes all
liability for the actions of any party, supplier, member, agent or individual that the Operator
allows upon the airport's movement areas or any area within the airport perimeter fence. Eagle
County will deny access to any party or business if the party fails to act responsibly while in
control of machinery or motor vehicles which may be operated on the Airport.
H. Annual Reporting Requirement and Notification of Changes
Operators shall report annually, by June 1 of each calendar year, the information listed in IV.A,
and shall provide the Airport Manager with three weeks advance notice of its intention to start up
or discontinue a commercial aeronautical service. However, if said start-up or discontinuation is
not permitted under the lease, or not authorized under the lease, an amendment to the
Operator's lease is required prior to the initiation or discontinuance of said use. All Operators
must additionally file updated FAA certificates and ratings (their own and their employees)
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annually when received, and must file within two weeks of receipt any charges in their own and
their employees' FAA certificates or ratings. All Operators must file FAA certificates of ratings
upon hiring new employees.
Prohibition on Cross - Ownership
No person or entity may hold or control, directly or indirectly, any ownership, voting,
management or debt interests (actual or contingent) in more than one on- airport commercial
service provider.
J. General Lease Clauses
Clauses that shall be included in all Leases and Licenses and in any contracts between the
Operator and any subtenants or subcontractors providing aeronautical services on the Airport
are set forth in Attachment 1. While the language reflects the currently applicable federal
requirements, Leases or Licenses shall include all provisions required by then- current federal
law and regulations. The provisions contained in Attachment 1 can be amended from time to
time by the County without amending these Minimum Standards.
VI. COMBINED OPERATIONS AND SUBLEASES
A. The County will consider reduction in minimum square footage for combined
operations.
B. If an FBO or SASO desires to sublease space to another person to provide
one or more Commercial Aeronautical Services, the following conditions will
apply.
1. The subleasing party must obtain a License to operate at the Airport.
2. The FBO or SASO must obtain written approval from the
County to sublease the space and function.
3. The FBO or SASO must pay the County fees applicable to the
class of services provided by the sublessee at the levels set forth in the
Airport Rules and Regulations.
4. The FBO or SASO must carry public liability insurance for its
sublessee or provide a certificate of insurance which shows the lessee
and the County as additional insured, in amounts commensurate with
the services provided by the sub - lessee.
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MINIMUM STANDARDS AND REQUIREMENTS
FOR THE PROVISION OF
COMMERCIAL AERONAUTICAL SERVICES
AT
EAGLE COUNTY REGIONAL AIRPORT
SECTION TWO: FIXED BASE OPERATOR
A Fixed Based Cperator (FBO) shall provide the following essential services to the
public at reasonable rates and charges and without unjust discrimination:
A. Aircraft Line Services:
1. Fueling, lubricating and miscellaneous services;
2. Ramp parking and tie -down;
3. Crew and passenger lounge facilities;
4. Public restrooms and telephone;
5. Loading, unloading and towing;
6. Hangar storage;
7. De -icing service;
8. Engine preheating;
9. Oxygen;
10. Aircraft starting;
11. Sale of sectional or World Aeronautical Charts (WAC) aviation maps
covering the territory within three hundred miles of the airport, flashlight
and batteries, and rulers and computers generally used by pilots for
flight planning;
12. Tire inflation;
13. Attendants to direct aircraft to loading and parking areas, to tie down
aircraft, to fuel aircraft, to clean windshields, to remove snow from
parked aircraft, and generally to provide prompt and courteous service;
14. Sale of food and beverages to General Aviation (vending machines and
access to catering service); and
15. Dry nitrogen for landing gear inflation.
B. Aircraft Airframe and Engine Repair and Maintenance.
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C. The FBO shall provide no other services or activities except as provided in its
Lease or License.
II. An FBO shall meet the following Minimum Standards specifically applicable to
management, fueling operations,"line service, and aircraft maintenance, as well as
general standards applicable to all FBOs and SASOs (set out in Section One) and
additional standards (set out in Section Three) for any additional SASO services
provided:
A. In connection with aircraft fueling and line services:
1. Contracts for delivery of fuel: Operator shall demonstrate, to the
County's satisfaction that a reputable aviation gasoline and lubricant
distributor will provide the Operator with an enforceable agreement to
purchase fuel and oil in quantities necessary to meet the requirements
set forth herein. FBO shall maintain an adequate inventory of at least
one brand and two generally accepted grades, Aviation Gasoline
(AVGAS, 100 Low Lead) and Jet Fuel (JET -A) of aviation fuel, engine oil and
lubricants.
2. Calculation of fuel flowage: aviation fuels and oils delivered to the
Operator by a vendor will be considered by the County to be fuels and
oils dispensed by the Operator for the purpose of calculating rates under
its Lease.
3. Hours of operation for fuel sales: sales of fuel and lubricants, and into
plane delivery of aviation fuels, lubricants and other related petroleum
products, shall be available from 7:00 A.M. to 9:00 P.M. 7 days a week
and available from 9:00 P.M. until 7:00 A.M. through "on-car services
capable of response within two hours.
4. Fueling equipment: FBO shall provide mobile fuel dispensing
equipment, with reliable marking devices approved by the FAA, capable
of servicing, in an efficient and safe manner all types of commercial and
general aviation aircraft.
FBO shall have two metered filter equipped dispensers, fixed or mobile,
for dispensing two grades of aviation fuel (AV gas and jet fuel) from
storage tanks having a minimum capacity of10,000 gallons of AV gas
and 20,000 gallons of jet fuel. Mobile dispensing trucks shall have a
total minimum capacity of 2000 gallons of JET -A fuel and 750 gallons of
AVgas. Separate dispensing pumps for each grade of fuel is required.
5. Safety of fueling operation: In conducting fuel operations, FBO shall
install and use adequate electrical grounding facilities at fueling
locations to eliminate the hazards of static electricity and shall provide
approved types of fire extinguishers or other equipment commensurate
with the hazard involved with fueling, defueling, and servicing aircraft.
All such safety and operational requirements for the storage, handling
and dispensing of aviation -grade fuels shall be governed by the
applicable National Fire Protection Association (NFPA) regulations and
national and local fire codes. All FBO fueling services and systems
shall be subject to inspection for fire and other hazards by the Airport
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Manager or other representative of Eagle County and by the appropriate
State and local fire agency. FBO shall be in full compliance with fire
codes and federal, state and local laws, ordinances, rules and
regulations pertaining to fire safety.
The Operator shall take all precautions necessary to ensure that only
non - contaminated fuel is delivered into the aircraft serviced. Fuel
delivered shall be clean, bright, pure and free of microscopic organisms,
water or other contaminants. Quality control of the fuel is the
responsibility of the FBO. The Operator shall maintain current fuel
reports on file and available for auditing at anytime by the Airport
Manager. Fueling service by the FBO shall be in full compliance with
federal, state and local laws and regulations, including proper fire
protection and electrical grounding of aircraft during fueling operations.
6. Additional line services: servicing of aircraft shall include generally
expected services, such as cleaning of the interior and exterior of
aircraft and catering. FBO shall provide proper equipment for repairing
and inflating aircraft tires, servicing struts, changing engine oil, servicing
oxygen systems, washing aircraft and aircraft windows, and recharging
or energizing discharged aircraft batteries and starter.
7. Waste disposal: FBO shall provide for 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, lavatory cart
contents and other waste. The piling or storage of crates, boxes, barrels
and other containers or other items will not be permitted within the
leased premises.
8. Disabled Accident Removal: FBO shall be prepared to remove disabled
aircraft. They shall have personnel trained and have access to the
equipment or be able to arrange for the equipment and /or services
required to remove damaged aircraft from the airport movement areas.
The FBO shall have personnel on call and be able to respond to a
damaged aircraft within 45 minutes of notification.
9. Ramp Parking, Tie -Down, Aircraft Storage and FBO Ramp Assistance
within the FBO's leased premises: The operator shall have aircraft tugs,
ground power units, deicing units, lavatory carts, water carts and
passenger vans in adequate numbers to provide service to their
customers. All equipment shall be maintained and operated in
accordance with OSHA and local and state industrial codes.
10. The FBO's rates or charges to General Aviation users for aircraft
parking, tie -down and storage shall be determined by the FBO. Such
rates or charges shall be reasonable and equally and fairly applied to all
users of the services. All rates and charges for such services shall be
filed with the Airport Manager.
11. FBO shall provide aircraft-to- lounge ground transportation for in- transit
passengers and pilots.
12. Adequate tie -down facilities and equipment, including ropes, chains and
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other types of restraining devices, and wheel chocks for the typical
number and type of aircraft simultaneously using the FBO during a peak
period shall be provided.
13. FBO shall provide properly trained line personnel.
14. FBO shall provide services from 7:00 A.M. to 9:00 P.M., seven days a
week.
15. Loading, Unloading and Towing: FBO shall provide adequate loading,
unloading and towing equipment to safely and efficiently move 1 ircraft
and store them in times of all reasonably expected weather conditions.
16. Hangar Storage: FBO shall provide suitable hangar storage facilities
constructed in accordance with the Airport Development and
Construction Standards.
B. In connection with aircraft airframe and engine repair and maintenance:
1. The FBO shall comply with all requirements for provision of aircraft
airframe and engine repair and maintenance services as set out in
Section Three of these Minimum Standards.
2. FBO must provide sufficient work space for any aircraft upon which
airframe or engine repairs are being performed.
3. FBO must provide suitable storage space for aircraft before and after
repair and maintenance have been accomplished.
4. FBO must provide adequate shop space to house the equipment and
adequate equipment and machine tools, jacks, lifts and testing
equipment as required for its operation.
5. FBO must employ and have available at the airport at least one FAA
certified airframe and power plant mechanic eight hours per day, five
days per week.
III. Minimum land and improvements required shall be as follows:
A. The minimum land to be leased for a Fixed Base Land Operation shall be 6
acres.
B. Building improvements shall be permanent in nature, shall contain at least
17,500 square feet for FBO operations and may be contained in one or more
buildings. Paved aircraft areas and the principal building area together shall
occupy at least 6 acres for FBO operations. 5000 square feet of building area
shall contain at a minimum crew and passenger lounge facilities, clean, sanitary
and free public restrooms and telephone service.
Asphalt or concrete paved surfaced, on -site automobile parking space shall be
provided in compliance with parking standards and requirements of the Eagle
County Land Use Regulations at Division 4 -1, as amended from time to time.
Curb and gutter shall be installed to improve drainage and traffic flow. Proper
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signage shall also be installed.
Each FBO shall occupy, at least, one clear span hangar containing 12,500
square feet. This hangar shall be required to have a door opening of at least
one hundred feet in width and thirty feet in height. If an existing large hangar is
not available, the FBO shall finance and build its own facility.
C. All paving and building shall comply with the then current Airport Development
and Construction Standards and shall be approved in writing by the County
before construction begins.
D. FBO shall provide 3 sets of as -built drawings upon completion of construction to
Airport management.
IV. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the Airport Manager.
Eagle County must be named as an additional insured. A certificate of insurance or a
copy of the insurance policies involved will be furnished to the Airport Manager, or
designated representative and 10 days advance written notice of any change to any
policy shall be given to the Airport Manager or Designated representative.
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MINIMUM STANDARDS AND REQUIREMENTS
FOR THE PROVISION OF
COMMERCIAL AERONAUTICAL SERVICES
AT
EAGLE COUNTY REGIONAL AIRPORT
SECTION THREE: SPECIALIZED AVIATION SERVICES OPERATOR
Specialized Aviation Services Operators shall consist of one or more of the following services,
comply with the Minimum Standards described in this section and lease, license or sublease
property on the Airport.
AVIATION REPAIR SERVICES (Radios, Painting, Upholstery, Propellers,
Instruments, Accessories, etc.)
A. Statement of Concept
A specialized aircraft repair services Operator is a person engaged in a business
capable of providing an FAA certified shop, or a combination of shops for the repair and
installation of aircraft radios, propellers, instruments, and accessories for general
aviation aircraft. The Operator may furnish one, or if desired, any combination of these
services. This category includes sale of new and /or used aircraft radios, propellers,
instruments and accessories.
B. Minimum Standards
1. The Operator shall lease or sublease an area existing or adequate to
erect a building providing a minimum of 2,500 square feet of floor space
to hangar at least one (1) aircraft, to house all equipment and additional
floor space for an office, shop, restrooms, customer lounge and
telephone facilities for customer use. If painting operations are
contemplated, the Operator shall provide a separate paint shop that
meets all applicable safety requirements. Paved on -site automobile
parking space with sufficient accommodations for automobiles, and a
paved aircraft apron, all within the leased area and sufficient to
accommodate the Operator's services shall be provided.
2 The Operator shall maintain, as necessary, the repair station certificates
as required by the FAA, which are applicable to the operation or
operations contemplated. The avionics portion of the services offered
must maintain current qualifications of Class land Class II FAA
designated repair station.
3. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the
Airport Manager. Eagle County must be named as an additional insured.
A certificate of insurance or a copy of the insurance policies involved will
be furnished to the Airport Manager, or designated representative and
10 days advance written notice of any change to any policy shall be
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given to the Airport Manager or Designated representative.
4 The Operator shall have its services available eight (8) hours per day,
five (5) days per week. Hours of operation shall be posted.
5. The Operator shall have in its employ, and on duty during the required
operating hours, trained personnel currently certified as FAA radio,
instrument or propeller repairmen in such numbers as are required to
provide services in an efficient manner.
II. SPECIALIZE!) COMMERCIAL FLYING SERVICES
A. Statement of Concept
A specialized commercial flying services Operator is a person or persons, firm or
corporation engaged in air transportation for hire for the purpose of providing the use of
aircraft for any of the services listed below:
1. Nonstop sightseeing flights that begin and end at the same airport;
2. Crop dusting, seeding, or spraying;
3. Banner towing and aerial advertising;
4. Aerial photography or survey;
5. Power line, underground cable or pipeline patrol;
6. Fire fighting; or
7. Any other operations specifically excluded from Part 135 of the Federal
Aviation Regulations.
B. Minimum Standards
1. The Operator shall lease or sublease an area existing or adequate to
erect a building providing a minimum of 2500 square feet of floor space
for aircraft and other storage sufficient hangar space for the aircraft to
be used in its operations and any support equipment and additional floor
space for office, restrooms, customer lounge and telephone facilities for
customer use. Paved on -site automobile parking space sufficient to
accommodate Operator's services and operations shall also be
provided.
2. In case of crop dusting, aerial application or other commercial use of
chemicals, Operator shall provide a centrally drained, paved area
adequate for all aircraft loading, unloading, washing and servicing.
MSDs are required to be onsite and three copies shall be provided to
the Airport Manager. This area must be built and operated in full
compliance with all applicable federal, state and local laws and
regulations, specifically including but not limited to the U.S. EPA,
Colorado Department of Public Health and Environment and Eagle
County Environmental Department regulations governing such activities.
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• •
Operator shall also provide for the safe storage and containment of all
chemical material. Such facilities will be in a location designated by the
County on the Airport, which will provide the greatest safeguard to the
public.
3. In the case of crop - dusting or aerial application, the Operator shall
provide tank trucks for the handling of liquid spray and mixing liquids
and aircraft suitably equipped for agricultural operations, and shall take
all safeguards against spillage on runways or taxiways or dispersal by
wind to any area of the Airport. The Operator shall also provide
adequate ground facilities for the safe containment, storage, handling
and safe loading of all chemicals and materials in compliance with U.S.
EPA and Colorado Department of Public Health and Environment and
all county and local laws and regulations.
4. The Operator shall provide and have based on its leasehold, either
owned or under written lease to the Operator, not less than one (1)
airworthy aircraft, suitably equipped for, and meeting all the
requirements of the FAA with respect to the type of operation to be
performed.
5. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the
Airport Manager. Eagle County must be named as an additional
insured. A certificate of insurance or a copy of the insurance policies
involved will be furnished to the Airport Manager, or designated
representative and 10 days advance written notice of any change to any
policy shall be given to the Airport Manager or Designated
representative.
C. The Operator must provide, by means of an office or a telephone, a point of
contact for the public desiring to utilize Operator's services.
D. The Operator shall have in its employ trained personnel in such numbers as
may be required to meet the minimum standards herein set forth in an efficient
manner.
III. FLIGHT TRAINING
A. Statement of Concept
A flight training Operator is a person or persons, firm or corporation engaged in
instructing pilots in dual and solo flight operations, in fixed and /or rotary wing
aircraft, in land or sea aircraft, and in providing such related ground school
instruction as is necessary to prepare persons for taking a written examination
and flight check for the category or categories of pilots' licenses and rating
involved. No flight training operations or Operator may be allowed to operate off
a tie -down.
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B. Minimu m Standards
1. If the Operator prefers to hangar its aircraft in leased space, the
Operator may provide ground school and briefing /debriefing of students
off- Airport. Ground school and briefing /debriefing may not be provided
in public areas of the Airport and may be provided in leased /owned
hangars.
2. If the Operator prefers to build a hangar for aircraft storage, the
Operator shall lease or sublease an area adequate to erect a building or
buildings containing a minimum of 2,500 square feet to provide for
aircraft storage, and space for office, classroom, briefing room, pilot
lounge, restrooms and telephone facilities for customer use. Paved on-
site automobile parking space with suitable accommodations for
automobiles, and a paved aircraft apron all within the leased area and
sufficient to accommodate the Operator's services and operations shall
also be provided.
3. The Operator shall have available for use in flight training, either owned
or under written lease to the Operator, a sufficient number of aircraft
properly certificated to handle the proposed scope of its student
operation, but not less than one (1) properly certificated aircraft.
4. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the
Airport Manager. Eagle County must be named as an additional insured.
A certificate of insurance or a copy of the insurance policies involved will
be furnished to the Airport Manager, or designated representative and
10 days advance written notice of any change to any policy shall be
given to the Airport Manager or Designated representative.
5. The Operator shall have its services available eight (8) hours per day,
seven (7) days per week.
6. The Operator shall have available, on a full -time basis, at least one (1)
flight instructor who has been currently certificated by the FAA to
provide the type of flight training offered.
7. The Operator shall have on call on a part-time basis, at least one
(1)ground instructor who has been currently certificated by the FAA to
provide the type of ground training offered. This person may be the
same person specified in (5) above.
IV. AIRCRAFT SALES (New and /or Used)
A. Statement of Concept
An aircraft sales Operator is a person engaged in the sales of new and /or used aircraft through
franchises, or licensed dealership or distributorship (either on a retail or wholesale basis) of an
aircraft manufacturer or otherwise; and providing such repair, services and parts as necessary to
meet any guarantee or warranty on new and /or used aircraft sold.
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• 1
B. Minimum Standards
1. The Operators shall lease or sublease an area existing or adequate to erect a
building containing a minimum of 2,500 square feet of floor space, for aircraft
storage, and floor space for office, restrooms, customer lounge and telephone
facilities for customer use. Paved on -site automobile parking space with
suitable accommodations for automobiles, and a paved aircraft apron, all within
the leased area and sufficient to accommodate the Operator's services and
operations shall also be provided.
2. The Operator shall provide necessary and satisfactory arrangements for the
repair and servicing of aircraft, but only for the duration of any sales guarantee
or warranty period. Servicing facilities may be provided through written
agreement with a repair shop operation at the Airport. The Operator shall
provide an adequate inventory, or availability within 24 hours or Tess, of spare
parts for the type of new aircraft for which sales privileges are granted.
3. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the Airport
Manager. Eagle County must be named as an additional insured. A certificate
of insurance or a copy of the insurance policies involved will be furnished to the
Airport Manager, or designated representative and 10 days advance written
notice of any change to any policy shall be given to the Airport Manager or
Designated representative.
4. The Operator shall have its services available on a basis consistent with its
franchise agreement.
V. AIRCRAFT AIRFRAME AND ENGINE REPAIR AND MAINTENANCE
A. Statement of Concept
An aircraft airframe and engine repair and maintenance Operator is a person or
persons, firm or corporation providing one (or a combination of) airframe and power
plant repair services, with a least one (1) person currently certified by the FAA with
ratings appropriate to the work being performed. This category of aeronautical services
shall also include the sale of aircraft parts and accessories, but such is not an exclusive
right.
B. Minimum Standards
1. The Operator shall lease or sublease an area existing or adequate to erect a
building providing at least 2,500 square feet of floor space for airframe and
power plant repair services and adequate floor space for office, restrooms,
customer lounge and telephone facilities for customer use. Paved on -site
automobile parking space with suitable accommodations for automobiles, and a
paved aircraft apron, all within the leased area sufficient to accommodate the
Operator's services and operations shall be provided.
2. The Operator shall provide sufficient equipment, supplies and availability of
parts equivalent to that required for certification as a FAA approved repair
station.
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• •
3. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the Airport
Manager. Eagle County must be named as an additional insured. A certificate of
insurance or a copy of the insurance policies involved will be furnished to the
Airport Manager, or designated representative and 10 days advance written
notice of any change to any policy shall be given to the Airport Manager or
Designated representative.
4. The Operator shall have its services available eight (8) hours per day five (5)
days per week.
5. The Operator shall have in its employ (and on duty during the required
operating hours) trained personnel in such numbers as are required to meet the
minimum standards set forth in an efficient manner, but never less than one (1)
person currently certified by the FAA with rating appropriate to the work being
performed and who holds an airframe, power plant, or an aircraft inspector
rating.
VI. AIRCRAFT RENTAL
A. Statement of Concept
An aircraft rental Operator is a person or persons, firm or corporation engaged in the
rental of aircraft to the public.
B. Minimum Standards
1. The Operator shall lease or sublease an area existing or adequate to provide
for aircraft storage, including a building of at least 2,500 square feet of floor
space for aircraft storage, office, restrooms, customer lounge and telephone
facilities for customer use. Paved on -site automobile parking space with
suitable accommodations for automobiles, and a paved aircraft apron, all within
the leased area and sufficient to accommodate the Operator's services and
operations shall also be provided.
2. The Operator shall have available for rental, either owned or under written lease
to Operator, a sufficient number of aircraft properly certificated to handle the
proposed scope of its operation.
3. Insurance shall be provided and paid for by the Operator in the amounts
specified in the most current Insurance Requirements on file with the Airport
Manager. Eagle County must be named as an additional insured. A certificate of
insurance or a copy of the insurance policies involved will be furnished to the
Airport Manager, or designated representative and 10 days advance written
notice of any change to any policy shall be given to the Airport Manager or
Designated representative.
4. The Operator shall have its service available eight (8) hours per day seven (7)
days per week.
5. The Operator shall have available trained personnel in such numbers as are
required to meet the minimum standards set forth in an efficient manner.
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• 1
VII. AIRCRAFT CHARTER AND AIR TAXI SERVICE
A. Statement of Concept
An aircraft charter (Commercial Operator) and an air taxi Operator is a person or
persons, firm or corporation engaged in the business of providing air transportation
(persons or property) to the public for hire, either on a charter basis or as an air taxi
Operator, as defined in the Federal Aviation Act of 1958, or as said Act may be
amended from time to time.
B. Minimum Standards
1. The Operator shall lease or sublease an area existing or adequate to
provide for aircraft storage, including an area to erect a hangar of 2,500
square feet of floor space for aircraft storage, office, restrooms,
customer lounge, and telephone facilities for customer use. Paved on-
site automobile parking space with suitable accommodations for
automobiles, and a paved aircraft apron all within the leased area and
sufficient to accommodate the Operator's services and operations shall
also be provided.
2. The Operator shall have available for hire, either owned or under written
lease to Operator, at least one (1) four -place aircraft equipped for and
capable of use in instrument conditions, or a sufficient number of aircraft
properly certificated to handle the proposed scope of its operation.
3. Insurance shall be provided and paid for by the Operator in the
amounts specified in the most current Insurance Requirements on file
with the Airport Manager. Eagle County must be named as an additional
insured. A certificate of insurance or a copy of the insurance policies
involved will be furnished to the Airport Manager, or designated
representative and 10 days advance written notice of any change to any
policy shall be given to the Airport Manager or Designated
representative.
C. The Operator shall have its premises open and services available eight (8)
hours per day, seven (7) days per week; and shall provide on -call service during
hours other than the aforementioned.
D. The Operator shall have in its employ and on duty during the required operating
hours, trained personnel in such numbers as are required to meet the minimum
standards set forth in this category in an efficient manner and otherwise
appropriately rated to permit the flight services offered by Operator. The
Operator shall have available sufficient qualified operating crews and
satisfactory number of personnel for checking in and ticketing passengers,
handling of luggage, and for furnishing or arranging for suitable ground
transportation. The Operator shall provide reasonable assurance of continued
availability of qualified operating crews and approved aircraft within a
reasonable or maximum notice period.
E. Air Taxi Companies Not Based on Eagle County Regional Airport.
1. Non- scheduled air carrier companies providing service to and from the
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i
Airport, but not based on the Airport, are exempt from these Minimum
Standards.
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ATTACHMENT 1
REQUIRED GENERAL LEASE CLAUSES
1. Premises to be operated for use and benefit of the public
The Operator agrees to operate the leased premises for the use and benefit of the
Public and to furnish good, prompt and efficient service, adequate to meet all demands
for its service at the Airport.
2. Federal Requirements; Nondiscrimination
a. Lessee (Licensee) agrees that in conducting its operations under the
Lease(License) it shall maintain and operate its facilities and services in
compliance with all requirements imposed pursuant to the Airport and Airway
Improvement Act of 1982, as amended, and any regulations issued there under,
as well as all other requirements imposed pursuant to 49 CFR Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, and as said regulations may be amended.
b. Lessee (Licensee) agrees: (1) that no person on the grounds of race, color,
sex, creed or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of premises or
facilities, (2) that in the construction of any improvements on, over, or under
such land and the fumishing of services thereon, no person on the grounds of
race, color, sex, creed or national origin shall be excluded from the participation
in, denied the benefits of, or otherwise subjected to discrimination, (3) that
Lessee (Licensee) shall use the premises in compliance with all other
requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said
regulations may be amended.
c. Lessee (Licensee) agrees that it will undertake an affirmative action program
as required by 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid
Program, or otherwise approved by the FAA, to ensure that no person shall, on
the grounds of race, creed, color, national origin, or sex, be excluded from
participating in any employment activities covered in 14 CFR Part 152, Subpart
E. Lessee (Licensee) assures that no person shall be excluded on these
grounds from participating in or receiving the services or benefits of any
program or activity covered by this Subpart. Lessee (Licensee) assures that it
will require that its covered sub organizations provide assurances to Lessee
(Licensee) that they similarly will undertake affirmative action programs and that
they will require assurance from their sub organizations, as required by 14 CFR
Part 152, Subpart E, to the same effect.
d. Lessee (Licensee) agrees that it shall furnish its accommodations and /or
services on a fair, equal and not unjustly discriminatory basis to all users •
thereof, and shall charge fair, reasonable and not unjustly discriminatory prices
for each unit or service; provided, that Lessee (Licensee) may make reasonable
and non - discriminatory discounts, rebates, or other similar types of pace
reductions to volume purchasers.
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e. Lessee (Licensee) agrees that no person shall be excluded from
participation in, denied the benefits of, or otherwise discriminated against in the
performance of this Lease (License) on the grounds of race, color, national
origin or sex, as provided in 49 CFR Part 23, Participation of Minority Business
Enterprise in Department of Transportation Programs, or parallel regulations
issued by the FAA.
f. Noncompliance with these nondiscrimination provisions after timely notice of
noncompliance is provided. to Lessee (Licensee) by either the County or the
U.S. Government, and Lessee's (Licensee's) failure to substantially remedy
such noncompliance within a reasonable period, shall constitute a material
breach of these provisions and the Lease (License). In the event of such
noncompliance, the County shall have the right to terminate this Lease (License)
and any estate created hereunder, without liability therefore, or at the election of
the County or the United States, either or both shall have the right to judicially
enforce such provisions.
3. Aircraft Service by Owner or Operator of Aircraft
No right or privilege granted herein shall serve to prevent persons operating aircraft on
the Airport from performing any services on their own aircraft with their own regular
employees and equipment (including, but not limited to, repair and maintenance);
provided that the Airport rules and regulations and Lease (License) provisions are
followed.
4. No Exclusive Rights
Nothing herein contained shall be construed to grant or otherwise authorize the granting
of an exclusive right to provide any aeronautical service to the public or to conduct any
aeronautical activity on the Airport.
5. Airport Development
The County reserves the right to further develop or improve the Airport as it sees fit,
without unreasonable interference or hindrance. If the physical development of the
Airport requires the relocation of Operator - owned facilities during the lease term the
County agrees to provide a comparable location without any unreasonable interruption
to the Operator's activities, and agrees to relocate all Operator -owned buildings or
provide similar facilities for the Operator at no cost to the Operator, except as amended
by written lease with the Operator.
6. County's Right to Maintain the Airport
The County reserves the right (but shall not be obligated to the Operator) to maintain
and keep in repair the landing area of the Airport and all publicly - owned facilities of the
Airport together with the right to direct and control all activities of the Operator in this
regard.
7. Right of Flight
There is hereby reserved to Eagle County, its successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft in the airspace above the
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surface of the leased premises, together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft using said airspace for landing at,
taking off from or operating on the Eagle County Regional Airport.
8. Airport Obstructions or Other Hazards
The Lessee (Licensee) expressly agrees for itself, its successors and assigns that it will
(1) not erect nor permit the erection of any structure of object nor permit the growth of
any tree on the leased premises above a ground level elevation of 65 feet; or (2) make
use of the leased premises in any manner which might interfere with operation or safety
of the Eagle County Regional Airport or otherwise constitute a hazard; or (3) violate 14
CFR Part 77 Surfaces.
The County reserves the right to take any action it considers necessary to protect the
aerial approaches of the airport against obstruction, and to prevent and abate any
hazard or interference, including (1) the right to prevent the Operator from erecting, or
permitting to be erected, any building or other structure on the Airport which, in the
opinion of the County, would limit the usefulness of the Airport or constitute a hazard to
the aircraft, and (2) the right to enter upon leased premises and to remove the offending
structure or object, abate the interference, or cut the offending tree, all of which shall be
at the expense of the Lessee (Licensee).
9. Compliance with Laws, etc.
The Operator shall comply with the Airport Rules and Regulations, the Airport Security
Plan, and the Airport Operations Manual, as existing at the time the Lease or License is
granted or as amended from time to time thereafter at the County's sole discretion_ The
Operator shall comply with all federal, state and municipal laws, ordinances, codes and
other regulatory measures (specifically including but not limited to all FAA and U.S.
Environmental Protection Agency ( "EPA ") requirements) now in existence or, as may be
hereafter modified or amended, applicable to the operation conducted. If the Operator
fails to comply with this provision and the requirements referenced herein and such
failure results in damage or expense to the County, the Operator shall indemnify the
County for that damage or expense.
10. Required Licenses and Certificates
The Operator shall procure and maintain during the term of the agreement all licenses,
certificates, permits and other similar authorizations required for the conduct of its
business operations.
11. Handling of Waste Liquids
No substances likely to impair the operation of sewage or drainage systems, or
otherwise not permissibly placed in such sewage or drainage systems, shall be placed
therein; nor shall oils, greases, detergents or other liquid wastes be disposed of by
pouring on the ground. All rules, regulations, advisory publications or other requests
issued by the United States EPA or competent governmental authority shall be complied
with at all times, including but not limited to the installation of a grease and oil trap
designed to catch all oils, greases, detergents, and other insoluble substances used in
the maintenance and washing of the Operator's, or the Operator's customers', aircraft.
Installation of said trap shall conform to the recommended specifications of the U.S.
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EPA, the State of Colorado, the County, any applicable special district, and the sewage
operator.
12. Indemnification
a. In concert with and in addition to the insurance requirements set forth
herein, operator shall protect, defend, and hold County, its officers, employees,
and agents, and their insurers, completely harmless from and against any and
all liabilities, losses, suits, claims, judgments, fines or demands arising by
reason of injury or death of any person or damage to any property, including all
reasonable costs for investigation and defense thereof (including but not limited
to attorney fees, court costs, and expert fees), of any nature whatsoever arising
out of or incident to this Lease (License) and /or the use or occupancy of the
leased premises or the acts or omissions of Operator's officers, agents,
employees, contractors, subcontractors, licensees, or invitees, regardless of
where the injury, death, or damage may occur, unless such injury, death or
damage is caused by the sole negligence of the County. Operator shall use
counsel reasonably acceptable to the County in can out its obligations
hereunder.
b. County shall give Operator reasonable notice of any claims or actions
against the County, which directly or indirectly affect Operator, and Operator
shall have the right to compromise and defend the same to the extent of its own
interest.
C. Operator agrees that if a prohibited incursion into the Air Operations
Area occurs, or the safety or security of the Air Operations Area, the Field and
Runway Area, or other sterile area safety or security is breached by or due to
the negligence or willful act or omission of any of Operator's employees, agents,
or contractors and such incursion or breach results in a civil penalty action being
brought against the County by the U.S. Government, Operator will reimburse
County for all expenses, including attorney fees, incurred by County in
defending against the civil penalty action and for any civil penalty or settlement
amount paid by County as a result of such incursion or breach of airfield or
sterile area security. County shall notify Operator of any allegation,
investigation, or proposed or actual civil penalty sought by the U.S. Government
for such incursion or breach. Civil penalties and settlement and associated
expenses reimbursable under this paragraph include but are not limited to those
paid or incurred as a result of violation of FAR Part 107, Airport Security, FAR
Part 108, Airplane Operator Security, or FAR Part 139, Certification and
Operations: Land Airports Serving Certain Air Carriers.
d. The provisions of this section shall survive the expiration or early
termination of this Lease (License) for matters arising before such expiration or
early termination.
13. Right of Entry
a. Any official representative of the County may enter upon the leased
premises during normal operating hours, and for any purpose incidental to, or
connected with the performances of the Operator's obligations under the
agreement or in the exercise of their function as a representative of the County.
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b. Further, any official representative of the County may enter upon the •
leased premises at any time in response to an emergency.
c. To facilitate 13.b above, the Operator shall either provide escrowed door
keys, access codes, etc. to the Airport Manager for the leased premises, or
accept responsibility and hold Eagle County harmless for possible damage to
the leased premises as a result of a forced entry by County representatives in
responding to an emergency.
14. Termina«on
•
Upon the expiration or other termination of any agreement, the Operator's rights
to the premises, facilities, other rights, licensed services and privileges granted
in the agreement shall cease, and the Operator shall, upon such expiration or
termination immediately and peacefully surrender such. Further, upon expiration
or other termination of any agreement, title to any improvements to the premises
reverts to Eagle County.
15. Assignment
All covenants, stipulations and provisions in the agreement to be entered into
shall extend to and bind the Lessee's (Licensee's) legal representatives,
successors and assigns.
The Lease (License) may not be assigned, without the prior written consent of
the County, which shall be exercised in the County's sole discretion after
consideration of, among other things, the qualifications of the proposed
assignee, the effect of the assignment on the County, and the effect of the
assignment on competition at the Airport. Assignment shall not relieve the
Lessee (Licensee) from its obligations under the Lease (License) unless
expressly so stated in the County's written consent.
As used herein, "assignment" means and includes, but is not limited to, (i) the
grant or transfer of any right, title, possession, lien, encumbrance, security
interest or other interest in, on or to any party of the stock or other ownership
interest of Lessee (Licensee), (ii) grants or transfers to a single person or entity,
including to any other person(s) and entity(ies) directly or indirectly controlled by
it or which directly or indirectly control it, of any right, title, possession, lien,
encumbrance, security interest or other interest in, on or to any part of the stock
or other ownership interest of Lessee (Licensee), (iii)) the grant or transfer of
any right, title, lien, encumbrance, security interest or other interest in, on or to
some or all of the income or profits (however they may be measured or defined,
e.g., gross income, gross profit, operating profit, net profit) of Lessee (Licensee),
and (iv) the grant or transfer of any right, title, lien, encumbrance, security
interest or other interest in, on or to some or all of the cash flow (however it may
be measured or defined) of Lessee (Licensee). If Lessee (Licensee) shall
assign or attempt to assign its interest in the whole or any part of this Agreement
in violation of this Article, such assignment shall be void and this Agreement
shall thereupon automatically terminate. County's consent to one assignment
shall not be deemed to be a consent to any subsequent assignment.
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16. Subordination
This Lease (License) shall be subordinate to the provisions and requirements of
any existing or future agreement between Eagle County, State of Colorado, and
the United States, relative to the development, operation or maintenance of the
airport. This Lease (License) and all the provisions hereof shall be subject to
whatever right the United States Government now has or in the future may have
or acquire, affecting the control, operation, regulation and taking over of said
airport or the exclusive or nonexclusive use of the airport by the United States
during the time of war or national emergency.
j k s\a g re e m e n is \airporttrn i n i m u m s to n d a rd s fi n a I5 -28 -02
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EXHIBIT B
PLANNED UNIT DEVELOPMENT
(PUD)
EAGLE COUNTY
REGIONAL AIRPORT
RULES AND REGULATIONS
ADOPTED BY THE EAGLE COUNTY BOARD OF
COUNTY COMMISSIONERS
(May 28, 2002)
1
EXHIBIT
• •
EAGLE COUNTY
REGIONAL AIRPORT
RULES AND REGULATIONS
I. GENERAL PROVISIONS
Ii. DEFINITIONS
III. AIRCRAFT RULES
IV. VEHICLE TRAFFIC
V. PERSONAL CONDUCT
VI. CONSTRUCTION ON AIRPORT
VII. COMMERCIAL AERONAUTICAL ACTIVITIES
VIII. FIRE /STORAGE /DISPOSAL REGULATIONS
IX. FUELING OPERATIONS
X. FLYING CLUBS
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I. GENERAL PROVISIONS
These Eagle County Regional Airport Rules and Regulations ( "Rules and Regulations")
are promulgated under Colorado Revised Statues which specifically grant the Eagle County
Board of County Commissioners the power "...to provide the rules and regulations goveming the
use of such airport and facilities
A. The Eagle County Regional Airport, shall be open for public use subject to
certain restrictions which may be necessary due to inclement weather, in the interest of flying
safety, the conditions of the landing area, presentation of special events and like causes as may
be determined by the BOCC, or its representative, and subject to such reasonable fees and
charges as may be established without unjust discrimination for each class of user.
B. The use of the airport or any of its facilities in any manner shall create the
obligation and the implied consent of the user to obey all of the regulations provided herein.
C. The privilege of using the airport and any and all of its facilities shall be
conditioned on the assumption of full responsibility and risk by the user thereof. All users agree
to release and hold harmless the County, its representatives, agents and employees from
liability for and damage to their property contained in, on and /or over the premises resulting from
any cause whatsoever, excepting only such injury or damage which results from the willful acts
of the County, its representatives, agents and employees. It is further agreed that as an express
condition of this use, the County shall be free from all liabilities and claims for damage, and from
all suits therefore, Of by reason of an injury to any person or to any property of any kind
whatsoever, whether to the person or property of the user or the person or property of its agents
or employees, or to their persons or to their property, from any cause whatsoever while any of
said person or property is in, upon or over said premises or any part thereof or for any such
injury to any person or property aforesaid occasioned by a use of said premises or any activity
carried on by the user in connection therewith, and the user hereby covenants and agrees that
the user will indemnify and hold harmless the County from all liabilities, charges, expenses
(including counsel fees) and costs on account of or by any such injuries, liabilities, claims, suits,
or losses however occurring, or by reason of damages growing out of the same. Their exercise
of the privilege of use shall constitute an acknowledgment that the County maintains said airport
in a governmental capacity.
D. No person, not properly certificated or registered by the Federal Aviation
Administration (FAA), and no aircraft not similarly certificated, shall operate on the airport;
provided, that this restriction shall not apply to public aircraft belonging to the government of the
United States or to a state, territory, possession of any political subdivision, nor to any aircraft of
a foreign county operated under permission of the federal government.
E. The Eagle County Board of County Commissioners shall initiate amendments,
additions, deletions or corrections to these Rules and Regulations as conditions warrant.
F. These Rules and Regulations supersede and cancel all previous rules and
regulations of Eagle County Regional Airport.
G. The Airport Manager is authorized by the Eagle County Board of County
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Commissioners to enforce these Rules and Regulations.
H. All persons entering or using the Eagle County Regional Airport property shall
be governed by these Rules and Regulations prescribed herein, hereinafter promulgated, and by
such subsequent additions, amendments and /or modifications hereto as may be adopted by the
BOCC relative to the use or occupation of any part of the property or facilities thereon
comprising the airport.
1. A violation of these Rules and Regulations mar cause the penalty to escalate
from a temporary Toss of the privilege to permanent revocation :f access privileges, to ultimately,
termination of lease or other agreements, denial of use of Eagi; County Regional Airport and /or
prosecution under applicable law.
J. Any person denied use of the Eagle County Regional Airport due to violation of
these Rules and Regulations shall only use the Airport for the purpose of enplaning or deplaning
Aircraft.
K. Voiding of any specific rule or regulation shall not affect the validity of the
remainder of these Rules and Regulations.
L. Special Regulations, Notices, Memorandums, or Directions of an operations
nature of interest to person engaged in business with the airport may be issued under the
authority of these Rules and Regulations.
M. All individuals entering restricted access areas of the airport (buildings and /or
grounds) will hold and display valid identification media (ID Badge) for such areas, as required
by Eagle County and the FAA/TSA.
11. DEFINITIONS
A. AARF - Aircraft Rescue and Fire Fighting.
B. Abandoned aircraft - Any aircraft left unattended and stationary on the airport
property in an inoperable condition or under such circumstances that evidence an intention by
the owner /operator to voluntarily surrender, relinquish or disclaim the aircraft.
C. Abandoned vehicle - Any vehicle which has remained stationary on the Airport
in excess of 72 hours and is in a condition that would render the vehicle inoperable including but
not limited to expired license plates, missing or flat tire, or broken window.
D. Airport Operations Area ( "AOA ") - For the purposes of these Rules and
Regulations includes runways and taxiways.
E. Aircraft - Any contrivance now known or hereafter invented, used, or designed
for navigation of or flight in the air.
F. Airport - All land within the legal boundaries of Eagle County Regional Airport.
G. Airport Manager - The person hired by the County to administer and direct the
operation of the Airport and to enforce these Rules and Regulations and /or the Airport
Manager's designated agent.
H. "Authorized," means acting under or pursuant to a written contract, permit or
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other evidence of right issued by the BOCC or its designated representative.
1. BOCC - Eagle County Board of County Commissioners.
J. Commercial Aeronautical Activity - Any commercial operation that is related to
the operation of Aircraft as prescribed in the Eagle County Regional Airport Minimum Standards
for Commercial Aeronautical Activities.
K. Commercial Non - Aeronautical Activity - Any commercial operation not directly
related to the operation of Aircraft, e.g. restaurant, rental car, or other concessions.
L. Driver. Any person who is in actual physical control of a vehicle.
M. FAA - United States Department of Transportation, Federal Aviation
Administration.
N. Fire Authority having jurisdiction - The Gypsum Fire Protection District.
O. FBO - Fixed Base Operator.
P. Maintenance - Aircraft inspection, overhaul, repair, preservation and
replacement of parts, including preventative maintenance, as described in Part 43 of the Federal
Aviation Regulations.
Q. Pilot - Any person who is in actual physical control of an Aircraft.
R. Park - The standing of a vehicle or Aircraft, whether occupied or not, other than
very briefly for the purpose of, and while actually engaged in, loading or unloading of property of
passengers.
S. Rules and Regulations - These Rules and Regulations, adopted by the BOCC
on May 28, 2002 and as amended from time to time.
T. Run -up - Aircraft engine operation above normal idle power for a purpose other
than initiating taxi.
U. Tower - Eagle County Regional Airport Control Tower
V. Vehicle - Any device which is capable of moving or being moved, from place to
place upon wheels; does not include any device moved by muscular power or designed to move
primarily through the air.
III. AIRCRAFT RULES
A. All aeronautical activities at the Airport shall conform to the current applicable
provisions of FAA regulations and orders; applicable state and local law; rules and regulations
issued by the BOCC; and instructions and directives issued by the Airport Manager, in
accordance with these Rules and Regulations.
B. The Airport Manager may deny use of the Airport to any person in violation of
these Rules and Regulations or FAA regulations.
C. The Airport Manager shall prohibit Aircraft operations when the Airport Manager
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determines that conditions are such that continued operations would be unsafe and shall issue a
NOTICE TO AIRMEN (NOTAM) to close a portion or the entire Airport or to terminate or restrict
activity on the Airport.
D. At the request of any owner or operator of an Aircraft, the Airport Manager shall
have any person who creates a nuisance or a threat to person, property or Aircraft removed from
said Aircraft.
E. Operating an Aircraft in a careless or negligent manner, or in disregard of the
rights and safety of others, orwi'.hout due caution, or at a speed or in a manner which does or is
•
likely to endanger persons or piL.perty, is prohibited.
F. Aircraft pilots shall obey all pavement markings, signage and lighted signals.
G. The positioning, starting or taxiing of Aircraft shall be done in such a manner so
as not to cause propeller slipstream or jet blast that may result in injury to persons or damage to
property.
H. Aircraft shall not be started or taxied within any structure on the Airport.
I. Aircraft shall be parked only in those areas designed for such purpose by the
Airport Manager and shall be positioned in such a manner so as not to block taxi lanes or
obstruct access to hangars, parked Aircraft or operators.
J. Aircraft pilots shall ensure that Aircraft are properly tied down or chocked when
parked.
K. Passengers and cargo shall be enplaned /deplaned only in areas designated by
the Airport Manager.
L. Run -up of jet, turboprop or piston engines shall be performed only in the areas
designated for such purpose by the Airport Manager or Tower.
M. Leaving an Aircraft unattended with an engine running is prohibited.
N. Fixed wing Aircraft taking off or landing at the Airport shall do so only from
designated runways and shall comply fully with FAA Regulations.
O. No helicopter shall be operated within fifty (50) feet of any building and shall
operate only from areas approved by the Airport Manager.
P. Derelict or damaged Aircraft in obvious need of major repairs shall not be
permitted within the tie -down or ramp areas.
Q. Abandoned Aircraft are prohibited on the Airport. The Airport Manager may
remove abandoned Aircraft at the sole expense and risk of the owner.
R. Aircraft maintenance is permitted on the Airport only in areas designated in
lease agreements by the Airport Manager.
S. Aircraft maintenance within hangars shall be limited to that specifically permitted
by the building type rating established in the Uniform Building Code and in compliance with the
directives of the Fire Authority.
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T. Aircraft painting shall be performed only in hangars approved for that activity.
U. Cleaning of Aircraft shall be performed only in the areas and in the manner
prescribed by the Airport Manager and in compliance with the Storm Water management Plan.
V. The pilot or owner of an Aircraft involved in an accident on the Airport resulting
in injury to person or damage to property shall notify the Airport Manager immediately and
comply with the applicable provisions of national Transportation Safety Board Regulations, Part
380.
W. An Aircraft involved in an accident on the Airport shall not be removed from the
scene of the accident until authorized by the Airport Manager who shall receive removal
authorization from the Flight Standards District Office or National Transportation Safety Board,
when applicable.
X. Once authorization for removal of a disabled Aircraft has been issued, the owner
or pilot shall make immediate arrangements to have the Aircraft moved. If removal is not
initiated within a reasonable amount of time as determined by the Airport Manager, the Airport
Manager may have the Aircraft removed at the owner's sole risk and expense.
Y. No aircraft having a listed Manufacturer's Maximum Gross Takeoff Weight in
excess of those weights established by the BOCC, and as amended in the future, shall be
operated on the airport without the expressed written authorization of the Airport Manager.
Z. In the event of any damage to airport property from any type of accident, crash
or fire; or resulting from any malfunction or operation; the owner or pilot of the aircraft involved is
responsible to the County for the actual damage, the amount of which is to be ascertained by the
County who shall require payment by the owner or operator.
IV. VEHICLE TRAFFIC
A. All vehicle drivers on the Airport shall comply fully with the State of Colorado
Motor vehicle Laws, these Rules and Regulations, and instructions issued by the Airport
Manager or law enforcement.
B. Unless otherwise authorized by the Airport Manager, all vehicles operating on
the AOA shall be registered with the Airport Manager and must display a current Airport annually
renewed issued decal. Further, all such private vehicles with permitted access to the AOA, shall
show proof of insurance naming Eagle County as an additional insured.
C. Vehicle operations on the AOA shall be conducted in a careful and prudent
manner so as not to endanger the life, limb or property of any person and in contact with the
Tower.
D. All vehicle drivers shall obey posted regulatory signs and all instructions and
directives of the Airport Manager.
E. Except for authorized emergency vehicles, the maximum allowable speed on
the AOA is 15 miles per hour.
F. No vehicle shall operate in close proximity to an Aircraft so as to create a hazard
or interfere with the safe operation of the Aircraft.
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G. Aircraft shall have the right of way at all times and in all locations.
H. Vehicles shall give way to pedestrians, emergency equipment, and snowplows
at all times.
I. When approaching taxiing Aircraft, vehicles shall not proceed closer than 100
feet and shall stay to the rear of the Aircraft.
J. Vehicles shall park in tie -down areas only between the tie -down hooks, parallel
to Aircraft, and only in the spaces leased by the vehicle owner.
K. Parking is permitted in designated areas only.
L. Campers, recreational vehicles, and trailers are prohibited on the AOA.
M. Abandoned vehicles are prohibited on the Airport.
N. A driver of a vehicle on the Airport who is involved in an accident resulting in
injury to a person or damage to property, shall stop the vehicle at the scene or as close as
possible, without obstructing traffic, render aid and notify law enforcement and the Airport
Manager.
O. The Airport Manager, at the owner's sole risk and expense, may cause to be
ticketed and towed vehicles in violation of these Rules and Regulations.
P. Rental car companies, limousine services and transport bus services shall have
prior authorization from the BOCC /ECAT Board before conducting business on the Airport.
Q. All vehicles permitted access to the AOA shall be equipped with a functioning
aeronautical mobile two -way radio (operating on 118.2 MHZ and 121.8 MHZ, or on such other
frequency(s) as required by the Airport Manager). All such vehicles shall be further equipped
with either an operable amber rotating beacon, FAA- approved flag, or other equipment as
required by Eagle County or the FAA.
R. Eagle County reserves the right to deny access to any party or business if the
party fails to act responsibly while in control of machinery or motor vehicles which may be
operated on the Airport.
V. PERSONAL CONDUCT
A. Destroying, injuring, defacing, disturbing, removing or tampering with any man-
made or natural Airport property is prohibited.
B. No written advertisements and handbills may be posted or distributed without
the prior written authorization of the Airport Manager.
C. The posting or distributing of handbills or written advertisements on Aircraft or
vehicles is prohibited.
D. Use of the public area of any building on the Airport for sleeping or other
purposes in lieu of a hotel, motel, or other public accommodation is prohibited unless otherwise
approved by the Airport Manager.
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E. No person shall litter any area of the Airport and each person shall ensure that
all trash and refuse is properly disposed of in the appropriate container.
F. No person shall commit any disorderly, indecent, lewd, or unlawful act or commit.
any nuisance on the Airport.
G. The Eagle County Liquor Code shall control consumption of intoxicating liquors_
at the Airport.
H. Interference with safe operation of an Aircraft landing at, taking off from, or
operating on the Airport is prohibited.
I. All domestic pets must be restrained by leash or confined in an area designated
by the Airport Manager.
J. Hunting and trapping are prohibited on the Airport.
K. Horseback riding is prohibited within the security fence.
L. Articles found in public areas at the Airport shall be turned over to the Airport
manager. Articles unclaimed by the owner within 30 days may be returned to the finder or
otherwise legally disposed of by the Airport Manager.
M. No person shall make, possess, use, offer for sale, pass or deliver any forged or
falsely altered pass, permit, identification card, sign or other authorization purporting to be
issued by or on behalf of the Airport Manager.
N. Gambling and bet making in any form at the Airport is prohibited.
O. All signs installed on the Airport shall meet the Eagle County Sign Code
requirements and shall be approved in writing by the Airport Manager.
P. Persons shall not enter any restricted area without the prior authorization of the
Airport Manager.
Q. Tampering or interfering with secured Airport property is prohibited.
R. Discharge of any weapon, except in the performance of official duties or in the
lawful defense of life or property, is prohibited on the Airport.
S. Persons entering the Airport are required to produce identification when asked
to do so by the Airport Manager.
VI. CONSTRUCTION ON AIRPORT
A. Any construction or alteration taking place on the Airport shall be performed in
compliance with FAA, state and BOCC guidelines, and proper building permits shall be
obtained.
B. No construction shall take place on the Airport without execution of a written
agreement with the BOCC and written approval of a construction start date by the Airport
Manager
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VII. COMMERCIAL ACTIVITIES
A. All Commercial Aeronautical Activities conducted on the Airport must be
approved by the BOCC by means of a written agreement and shall be performed under the
Eagle County Regional Airport Minimum Standards for Commercial Aeronautical Activities and
these Rules and Regulations.
B. All Commercial Non - Aeronautical Activities performed on the Airport must be
approved by the BOCC by means of a written agreement and performed under these Rules and
Regulations.
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VIII. FIRE /STORAGE/DISPOSAL REGULATIONS
A. All persons, companies and agencies engaged in any activity at the Airport,
whether occupying BOCC owned buildings or otherwise, shall comply with the provisions of all
applicable local, state, and federal laws and regulations; the Uniform Fire Code; and the
practices recommended by the National Board of Fire Underwriters.
B. All persons, companies and agencies engaged in any activity at the Airport,
whether occupying BOCC owned buildings or otherwise, shall comply with all directives issued
by the BOCC, directly or through its Airport Manager, or other authorized officials regarding fire
prevention, including but not limited to the removal of fire hazards, arrangement and
modification of equipment, and altering of operating procedures which are unsafe, as
determined by the Airport manager and /or Fire Chief.
C. All persons using the Airport or the facilities of the Airport shall exercise the
utmost care to guard against fire and injury to persons or property.
D. The use and storage of all flammables and hazardous liquids and materials
shall be in compliance with the federal, state and local laws and ordinances, the Uniform Fire
Code, and the Airport Storm Water Management Plan.
E. Open flame operations shall be conducted on the Airport only in designated
areas and with the authorization of the BOCC, directly or through its Airport Manager, and the
Fire Chief.
F. The placement of any storage container, locker, structure or bin on the Airport
shall comply with the Uniform Fire Code and be approved by the BOCC, directly or through its
Airport Manager, as to type, placement, size and color.
G. Lubricating oils and hazardous liquids shall be disposed of in a manner
compatible with the Airport Storm Water Management Plan, the Uniform Fire Code, and state,
federal and local law.
H. No fuels, oils, dopes, paints, solvents, acids or any other hazardous liquids shall
be disposed of or dumped in drains, on ramp areas, catch basins or ditches or elsewhere on the
Airport.
I. The storage of waste materials and trash at the Airport is prohibited unless such
are placed in suitable receptacles.
J. Open flames, smoking, matches, and lighters are prohibited within 50 ft. of any
Aircraft and within 100 ft. of any fuel storage area or any Aircraft being fueled or defueled.
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• K. Hangar floors shall be kept free from the accumulation of oil, grease, flammable .
liquids, rags or other waste materials.
L. Drip pans shall be placed under engines of stored Aircraft and shall be .
maintained so as to prevent accumulations of liquid in the pans.
M. Spilled oil, grease, fuel, or similar material shall be immediately cleaned up and
the Airport Manager shall be notified. Failure to clean the area shall result in the Airport
Manager arranging cleanup at the expense of the responsible party.
N. Doping processes, painting, or paint stripping shall be performed in.hangars
approved for that activity and in compliance with the Uniform Fire Code and the Airport Storm
Water Management Plan.
O. All empty oil, paint and varnish cans, bottles or other containers shall be
disposed of in a timely manner and shall not remain on the floor, wall stringers or overhead •
storage areas of the hangars or other buildings.
P. No boxes, crates, rubbish, paper or litter of any kind shall be permitted to be
stored in or about the hangars or other buildings.
Q. All heating equipment and fuel buming appliances installed on the Airport shall
comply with the requirements of the BOCC, the Uniform Fire Code, National Board of Fire
Underwriters, and the Fire-Chief.
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IX. FUELING OPERATIONS
A. Fueling of Aircraft on the Airport shall be performed only by the FBO(s) and shall
comply with all procedures and standards set forth by the BOCC.
B. All fueling operations on the Airport shall be in accordance with the directives of
the Fire Authority, the Uniform Fire Code, and the applicable sections of the FAA Regulations,
Part 139.
C. No Aircraft shall be fueled while an engine is running unless prior authorization
has been received from the Airport Manager and FBO.
D. Fueling or defueling operations shall be conducted with adequate fire
extinguishers immediately available. All extinguishers shall be inspected and certified, as
required by law, and all personnel involved with fueling operations shall be properly trained on
the use of fire extinguishers.
E. Starting an Aircraft when there is flammable material on the ground in the
immediate vicinity of the Aircraft is prohibited.
F. No Aircraft shall be fueled or defueled if an electrical storm is in progress within
3 miles of the Airport.
G. During fueling or defueling, the Aircraft and the dispensing apparatus shall be
bonded in order to equalize voltage potential.
H. All hoses, funnels, and appurtenances used in fueling and defueling operations
shall be equipped with a bonding device to prevent ignition of volatile liquids.
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I. No Aircraft shall be fueled or defueied while passengers are on -board unless a
passenger loading ramp is in place at the cabin door, the door is in the open position, and an
attendant is present at or near the door. If a non - ambulatory person is on board during fueling
operations, ARFF personnel must be standing by atthe scene.
J. Persons engaged in the fueling of Aircraft shall exercise care to prevent
overflow of fuel and shall be responsible for the immediate cleanup if spillage should occur.
X. FLYING CLUBS
Flying dubs exist to give their members joint noncommercial use of aircraft owned by
the flying club itself or in equal shares by club members. This section sets out the requirements
that must be met in order for flying clubs basing their aircraft on the Airport to be exempt from
the Minimum Standards applicable to all commercial aeronautical service providers.
A. Flying Club Regulations
Each club must be a non - profit corporation or partnership. Each member must be a
bona fide owner of an equal share of the club's aircraft or an equal stockholder in the
corporation. The club may not derive greater revenues from the use of its aircraft than-the
amount necessary for the actual operation, maintenance and replacement of its aircraft. The
club must file with the Airport Manager and keep current with the County a complete set of the
club's organizational documents (articles, by -laws, partnership agreement, tax filing for non- profit
status, etc.) which demonstrate its non - profit, joint noncommercial status and function, and a list
of the club's membership and the investment share held by each member. The County will
review the documents filed for indicia that a so- called "flying club" is in actuality an attempt to
evade the Minimum Standards or rules and regulations relating to provision of aeronautical
services on the Airport.
B. Use of Aircraft
The club's aircraft may not be used by other than bona fide club members included in
the membership list on file with the Airport Manager, and may not be used by any one for
commercial operations including flight instruction for compensation
C. Violations
In the event that the club fails to comply with these conditions the County will notify the club in
writing of such violations. If the club fails to correct the violations in 15 days, the County may
take any action deemed advisable.
D. Insurance
Insurance shall be provided and paid for by the Operator in the amounts specified in the most
current Insurance Requirements on file with the Airport Manager. Eagle County must be named
as an additional insured. A certificate of insurance or a copy of the insurance policies involved
will be furnished to the Airport Manager, or designated representative and 10 days advance
written notice of any change to any policy shall be given to the Airport Manager or Designated
Representative.
17cstagreernents■ules 8 Regs final 5 -28-02
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