Minimum Standard Requirements for Airport Aeronautical Services

Minimum Standard Requirements for Airport Aeronautical Services

<p><strong>BUCKEYE MUNICIPAL AIRPORT </strong></p><p><strong>MINIMUM STANDARD REQUIREMENTS </strong><br><strong>FOR </strong><br><strong>AIRPORT AERONAUTICAL SERVICES </strong></p><p>APRIL 9, 2014 </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p><strong>TABLE OF CONTENTS </strong></p><p><strong>Section 1 GENERAL INFORMATION </strong></p><p>Section 1-1. Section 1-2. Section 1-3. Section 1-4. Section 1-5. Section 1-6. Section 1-7. Section 1-8. Section 1-9. <br>Purpose. Introduction. <br>444445555<br>Application of minimum operating standards. Activities not covered by minimum operating standards. Multiple activities by one commercial airport operator. Right to amend standards. Waiver or modification of standards. Categories of aeronautical service operator. Effective date. </p><p><strong>Section 2 DEFINITIONS </strong></p><p>Section 2-1. Section 2-2. Section 2-3. Section 2-4. Section 2-5. Section 2-6. Section 2-7. <br>Aircraft definitions. General definitions. Governmental definitions. Fueling definitions. Lease and agreements definitions. Service definitions. <br>667888</p><ul style="display: flex;"><li style="flex:1">9</li><li style="flex:1">Infrastructure definitions. </li></ul><p></p><p><strong>Section 3 APPLICATION PROCESS </strong></p><p>Section 3-1. Section 3-2. Section 3-3. <br>Application and qualifications. Action on application. Appeal process. <br>10 10 11 </p><p><strong>Section 4 GENERAL CONTRACTUAL PROVISIONS </strong></p><p></p><ul style="display: flex;"><li style="flex:1">Section 4-1.&nbsp;General contractual provisions. </li><li style="flex:1">12 </li></ul><p></p><p><strong>Section 5 GENERAL OPERATIONAL REQUIREMENTS </strong></p><p>Section 5-1. Section 5-2. Section 5-3. Section 5-4. Section 5-5. Section 5-6. Section 5-7. Section 5-8. Section 5-9. Section 5-10. <br>Airport rules and regulations. Taxiway access. <br>13 13 13 13 13 13 13 13 14 14 <br>Right-of-entry reserved. Rates and charges. Personnel, subtenants and invitees; control and demeanor. Interference with utilities and systems. Fire equipment. Vehicle identification. Indemnification. Environmental. </p><p><strong>Section 6 INSURANCE </strong></p><p>Section 6-1. Section 6-2. <br>General insurance requirements. Additional insurance required by City’s risk management director. Form; acceptance by Town. <br>15 15 </p><ul style="display: flex;"><li style="flex:1">15 </li><li style="flex:1">Section 6-3. </li></ul><p></p><p><strong>Section 7 FIXED BASED OPERATORS </strong></p><p>Section 7-1. Section 7-2. Section 7-3. Section 7-4. Section 7-5. <br>Statement of concept. Minimum land requirements for FBO’s. Minimum hours of operation. Subcontracting services; restrictions. Minimum requirements of FBO services. <br>16 16 17 17 17 </p><p>- 2 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p>Section 7-6. Section 7-7. <br>Insurance. Monthly fee. <br>20 20 </p><p><strong>SECTION 8 SPECIALIZED AERONAUTICAL SERVICES OPERATOR </strong></p><p>Section 8-1. Section 8-2. Section 8-3. Section 8-4. Section 8-5. Section 8-6. Section 8-7. Section 8-8. Section 8-9. Section 8-10. Section 8-11. Section 8-12. Section 8-13. Section 8-14.. Section 8-15. <br>SASO Hours of Operation. Aircraft Sales SASO. Aircraft Maintenance and Repair SASO. Aircraft and/or Ultralight Vehicle Lease and Rental SASO. Flight Training SASO. <br>21 21 21 22 22 23 23 24 25 26 27 27 27 28 29 <br>Commercial Skydiving SASO. Avionics, Instruments or Propeller Repair Station SASO. Aircraft Charter and Air Taxi SASO. Aircraft Storage SASO. Specialized Commercial Flying Services SASO. Flying Clubs SASO. Multiple Services SASO. Aircraft Management Services SASO. Mobile Washing Services SASO Mobile Aircraft Washing Services SASO. </p><p><strong>APPENDIX I </strong></p><p></p><ul style="display: flex;"><li style="flex:1">Minimum Requirements for a Business Plan </li><li style="flex:1">30 </li></ul><p></p><p>- 3 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p><strong>SECTION 1 </strong><br><strong>GENERAL INFORMATION </strong></p><p><strong>Section 1-1.&nbsp;Purpose. </strong></p><p>These regulations prescribe minimum standards for any company providing aeronautical services at Buckeye Municipal Airport.&nbsp;The purpose of these minimum standards is to establish a minimum acceptable level of service and by no means implies a right to provide services. </p><p><strong>Section 1-2. Introduction. </strong></p><p>These standards were developed in accordance with the Federal Aviation Administration (FAA) Advisory Circular 150/5190-5, Dated May 2000 and Change 1 dated June 2002.&nbsp;The Minimum Standards are intended to be the threshold entry requirements for those wishing to provide aeronautical services to the public and to insure that those who have undertaken to provide commodities and services as approved are not exposed to unfair or irresponsible competition.&nbsp;These Minimum Standards were developed taking into consideration the aviation role of the Buckeye Municipal Airport, facilities that currently exist at the Airport, services being offered at the Airport, the future development planned for the Airport and to promote fair competition at the Airport.&nbsp;The uniform application of these Minimum Standards, containing the minimum levels of service that must be offered by the prospective service provider, protects the established aeronautical activity and the Airport patrons and enhances the public interest by both encouraging growth of business at the Airport and discouraging substandard operations. </p><p><strong>Section 1-3.&nbsp;Application of minimum operating standards. </strong></p><p>All persons conducting commercial aeronautical activities at the airport, shall, as a condition of conducting such activities, comply with all applicable requirements concerning such activities as set forth in these minimum operating standards and any amendments thereto. The requirements set forth herein are the minimum standards which are applicable to persons conducting commercial aeronautical activities at the airport and all persons are encouraged to exceed such minimum standards in conducting their activities. These minimum operating standards shall be deemed to be a part of each commercial airport operator’s lease, license, permit or agreement with or from the City of Buckeye unless any such provisions are waived or modified in writing.&nbsp;The mere omission of any particular standard from a commercial airport operator’s written lease, license, permit or agreement with the City shall not constitute a waiver or modification of such standard in the absence of clear and convincing evidence that the City intended to waive or modify such standard. </p><p>No person may conduct or provide any type of&nbsp;service at the Airport until entering into a written operating agreement with the City of Buckeye.&nbsp;The operating agreement shall be in a form acceptable to the City and shall specify which types of aeronautical services the Operator is authorized to provide.&nbsp;The operating agreement shall contain, without limitation, provisions for an operating fee payable to the City, insurance, indemnification, environmental requirements and a security deposit or other form of contract security as required. </p><p><strong>Section 1-4.&nbsp;Activities not covered by minimum operating standards. </strong></p><p>Any activities for which there are no specific minimum standards set forth herein shall be subject to such standards and provisions as are developed by the airport manager on a case-by-case basis and set forth in such commercial airport operator’s written lease, license, permit or agreement with or from the City. </p><p><strong>Section 1-5.&nbsp;Multiple activities by one commercial airport operator. </strong></p><p>Whenever a commercial airport operator conducts multiple activities pursuant to one lease, license, permit or agreement with the City, such commercial airport operator must comply with the minimum standards set forth herein for each separate activity being conducted.&nbsp;If the minimum standards for one of the commercial airport operator’s activities are inconsistent with the minimum standards for another of the </p><p>- 4 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p>commercial airport operator’s activities, then the minimum standards which are most beneficial to the City, and/or which are most protective of the public’s health, safety and welfare, shall apply. </p><p><strong>Section 1-6. Right to amend standards. </strong></p><p>The City of Buckeye reserves the right to adopt such amendments to these Minimum Standards from time to time as it determines are necessary or desirable to reflect current trends of commercial airport activity and availability of property for lease, for the benefit of the general public or the operation of the Airport. </p><p><strong>Section 1-7. Waiver or modification of standards. </strong></p><p>The City may, in its sole discretion, waive or modify all or any portion of the Minimum Standards set forth herein for the benefit of any governmental agency performing non-profit public services to the aircraft industry, or performing public services to the aircraft industry, or performing emergency medical or rescue services to the public by means of aircraft, or performing fire prevention or firefighting operations. The City may further temporarily waive any of the Minimum Standards for non-governmental Operators where the City, in its sole discretion, deems such waiver to be in the best interest or welfare of the Airport’s operation and will not result in unjust discrimination among commercial airport operators at the airport. </p><p><strong>Section 1-8. Categories of aeronautical service operators. </strong></p><p>The following sets forth the categories of Aeronautical Service Operators at Buckeye Municipal Airport: <br>1. Fixed&nbsp;Base Operator 2. Specialized&nbsp;Aeronautical Service Operator <br>(a) Aircraft&nbsp;Sales Services (b) Aircraft&nbsp;Maintenance and Repair Services (c) Aircraft&nbsp;and/or Ultralight Vehicle Lease and Rental Services (d) Flight&nbsp;Training Services (e) Commercial&nbsp;Skydiving Services (f) Specialized&nbsp;Aircraft Repair Services (g) Aircraft&nbsp;Charter and Air Taxi Services (h) Aircraft&nbsp;Storage Services (i) Specialized&nbsp;Commercial Flying Services (j) Flying&nbsp;Club Services (k) Aircraft&nbsp;Management Services </p><p><strong>Section 1-9. Effective date. </strong></p><p>These Standards shall become effective on April 9, 2014. </p><p>- 5 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p><strong>SECTION 2 DEFINITIONS </strong></p><p><strong>Section 2-1. Aircraft definitions. </strong></p><p>1. Aircraft&nbsp;- any device used or designed for navigation or flight in the air including, but not limited to, an airplane, sailplane, glider, helicopter, gyrocopter, ultra-light, balloon, or blimp. </p><p>2. Air&nbsp;Charter or Taxi - the commercial operation of providing air transportation of person(s) or property for hire by either on a charter basis or as an air taxi operator. </p><p>3. Aircraft&nbsp;Fuel - all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion, jet, or turbine engine. </p><p>4. Aircraft&nbsp;Operation - an aircraft arrival at, or departure from, the airport. 5. Aircraft&nbsp;Owner - a person or entity holding legal title to an aircraft, or any person having exclusive possession of an aircraft. </p><p>6. Aircraft&nbsp;Parking and Storage Areas - those hangar and apron locations of the Airport designated by the <br>Airport Manager for the parking and storage of aircraft. </p><p>7. Aircraft&nbsp;Rental - the commercial operation of renting or leasing aircraft to the public for compensation. 8. Aircraft&nbsp;Sales - the sale of new or used aircraft through brokerage, ownership, franchise, distributorship, or licensed dealership. </p><p>9. Airport&nbsp;Reference Codes – FAA Advisory Circular 150/5300-13 Airport Design defines the Airport <br>Reference Code (ARC) as “a coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to use the airport.”&nbsp;The ARC is used to determine design dimensions for the various separation and safety standards, Runway Protection Zones and Object Free Zones dimensions, surface gradients, and threshold sitting standards. </p><p>10. Based&nbsp;Aircraft - an aircraft which the owner physically locates at the airport for an undetermined period, and whenever absent from the Airport, its owner intends to return the aircraft to the airport for long-term storage. </p><p><strong>Section 2-2. General definitions. </strong></p><p>1. Aeronautical&nbsp;Activity - any activity or service conducted at the Airport that involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. These activities include, but are not limited to, air taxi and charter operations, aircraft fueling, aircraft storage, flight training, aircraft rental, aircraft sales, aircraft repair and maintenance, and any other activities, which because of their relationship to the operation of aircraft can appropriately be regarded as an “aeronautical activity.” </p><p>2. Airframe&nbsp;and Power Plant Maintenance&nbsp;- the commercial operation of providing airframe and power plant services, which includes service, the repair, maintenance, inspection, constructing, and making of modifications and alterations to aircraft, aircraft engines, propellers and appliances including the removal of engines for major overhaul as defined in 14 CFR Part 43. This category of service also includes the sale of aircraft parts and accessories. </p><p>3. Airframe&nbsp;and Power Plant Mechanic (A&amp;P) – A person who holds an aircraft mechanic certificate with both airframe and power plant ratings as authorized and described in 14 CFR Part 65. </p><p>- 6 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p>4. Airport&nbsp;– Buckeye Municipal Airport, and all of the Airport-owned or leased real or personal property, buildings, facilities and improvements within the boundaries of said Airport, as it presently exists or as it may exist when it is hereafter modified, expanded, or developed. “Airport” includes all of its facilities as shown on the most current Airport Layout Plan. </p><p>5. ALP&nbsp;- the currently approved Airport Layout Plan depicting the physical layout of the airport and identifying the location and configuration of current runways, taxiways, buildings, roadways, utilities, navaids, etc. </p><p>6. Commercial&nbsp;Aeronautical Activity&nbsp;- the conduct of any aspect of a business, concession, operation, or agency providing goods or services to any person for compensation or hire, including exchange of services, whether or not such objectives are accomplished. An activity is considered a commercial activity regardless of whether the business is nonprofit, charitable, or tax-exempt. A commercial business activity involves, makes possible, or is required for the operation aircraft, or which contributes to, or is required for the safety of aeronautical operations. </p><p>7. Commercial&nbsp;Operator (Operator) - a person, firm, corporation, or other entity, which makes possible, or is required for the operation of aircraft, or which contributes to, or is required for the safe conduct and utility of aircraft operations, the purpose of such activity being to generate and/or secure earnings, income, compensation, and/or profit, whether or not such objectives are accomplished. </p><p>8. Exclusive&nbsp;Right - a power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred either by express agreement, contract, license, lease, and permit or by the imposition of unreasonable standards or requirements, or by any other means. </p><p>9. General&nbsp;Aviation - all phases of aviation other than aircraft manufacturing, military aviation, and scheduled or nonscheduled commercial air carrier operations. </p><p>10. Hazardous&nbsp;Material - any substance, waste, or material which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is or becomes regulated as a hazardous material by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of Arizona, the City of Buckeye or any political subdivision thereof. </p><p>11. Minimum&nbsp;Standards - the qualifications or criteria, which may be established by the Airport owner as the minimum requirements that shall be met by businesses engaged in commercial aeronautical activities for the right to conduct those activities. </p><p><strong>Section 2-3. Governmental definitions. </strong></p><p>1. Airport&nbsp;Manager – The designated individual or duly authorized individual appointed by the City to administer and manage all operations of the Airport and Airport facilities, and to supervise all Airport projects. </p><p>2. FAA&nbsp;- the Federal Aviation Administration as established in 1967 within the Department of Transportation of the United States government that has the responsibility of promoting safety in the air, by both regulation and education. </p><p>3. FAR&nbsp;- the Federal Aviation Regulations as published by the FAA that governs the operation of aircraft, airways, and airmen, Compliance with the FARs is mandatory. In 1996, all references to the FARs were changed to “14 CFR” (Title 14 of the Code of Federal Regulations). </p><p><strong>Section 2-4. Fueling definitions. </strong></p><p>1. Fueling&nbsp;or Fuel Handling - the transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft, vehicles, or equipment. </p><p>- 7 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p>2. Fuel&nbsp;Storage Area - any portion of the Airport designated temporarily or permanently by the City as an area in which aviation or motor vehicle gasoline or any other type of fuel or fuel additive may be stored or loaded. </p><p>3. Commercial&nbsp;Self-Fueling - the commercial operation of an unmanned stationary fuel tank and dispensing equipment for general use via a card reader. This includes the operations of anyone utilizing this type of equipment to provide fuel for sale or reuse. </p><p><strong>Section 2-5.&nbsp;Lease and agreements definitions. </strong></p><p>1. Lease&nbsp;- the written contract between the City and an Operator (Lessee) specifying the terms and conditions under which an Operator may occupy and operate from certain Airport facilities and/or property. </p><p>2. Sublease&nbsp;- A written agreement, approved by the City, stating the terms and conditions under which a third party Operator leases space from a Lessee for the purpose of providing aeronautical services at the Airport. </p><p>3. Agreement&nbsp;- the written agreement between the City and an Operator specifying the terms and conditions under which the Operator may conduct commercial aviation activities. Such Agreement will recite the terms and conditions under which the activity will be conducted at the Airport including, but not limited to, term of the Agreement; rents, fees, and charges to be paid; and the right and obligations of the respective parties. </p><p>4. Permit&nbsp;- administrative approval issued by the City to a person or company to conduct a commercial aeronautical activity, and provide such services, to based and transient aircraft, only from facilities and locations where such services are authorized. </p><p>5. Person&nbsp;- an individual, corporation, firm, partnership, association, organization, and any other group acting as an entity, to conduct business on the Airport. Person includes a trustee, receiver, assignee or similar representative. </p><p><strong>Section 2-6. Service definitions. </strong></p><p>1. Avionics&nbsp;Sales and Maintenance - the commercial operation of providing for the repair and service, or installation of aircraft radios, instruments and accessories.&nbsp;Such operation may include the sale of new or used aircraft radios, instruments and accessories. </p><p>2. Fixed&nbsp;Base Operator (FBO) - a full service commercial operator who is authorized to engage in the primary activity of aircraft refueling and a minimum of three (3) of the following secondary activities: airframe and power plant maintenance, flight training, aircraft rental, aircraft charter or air taxi, avionics sales and service, and aircraft storage/hangars rentals. </p><p>3. Flight&nbsp;Training -&nbsp;the commercial operation of instructing pilots in dual and solo flight, in fixed or rotary wing aircraft, and related ground school instruction as necessary to complete a FAA written pilot’s examination and flight check ride for various categories of pilots licenses and ratings. Flight Training shall also include any portion of a flight between two or more airports or other destinations where the primary purpose is to increase or maintain pilot or crew member proficiency. </p><p>4. Flying&nbsp;Club – a non-commercial and nonprofit entity organized for the purpose of providing its members with any number of aircraft for their personal use and enjoyment. Aircraft must be vested in the name of the flying club owners on a pro-rata share, and the club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft. </p><p>5. Preventive&nbsp;Aircraft Maintenance - maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations as listed in 14 CFR Part 43, except for Item 22 in the Regulation. Item&nbsp;22 involves the replacement of prefabricated fuel lines, and shall, for purposes of these regulations, be considered a major aircraft repair. </p><p>- 8 - </p><p><em>Buckeye Municipal Airport Minimum Standards April 9, 2014 </em></p><p>6. Self-Service&nbsp;– aircraft refueling, repair, preventive maintenance, towing, adjustment, cleaning, and general services performed by an aircraft owner or his/her employees on his/her aircraft with resources supplied by the aircraft owner. </p><p>7. Specialized&nbsp;Aviation Service Operation (SASO) - a commercial aeronautical business that is authorized to offer a single or limited service according to established Minimum Standards. Examples of a SASO include, but are not limited to the following commercial aeronautical activities: flight training, aircraft maintenance, air charter or taxi, aircraft sales, avionics maintenance, aircraft rental, skydiving, and sales, and aircraft storage. </p><p><strong>Section 2-7. Infrastructure definitions. </strong></p><p>1. Airport&nbsp;Operations Area or AOA - the area of the Airport used for aircraft landing, takeoff, or surface maneuvering including the areas around hangars, navigation equipment, and communication facilities. </p>

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