City of Grant, Nebraska

GRANT MUNICIPAL AIRPORT

GRANT, NEBRASKA

MINIMUM STANDARDS

INTRODUCTION:

The City of Grant, Nebraska through the Airport Manager, City Superintendent, and City Council (hereinafter referred to as the "City"), is charged with the responsibility for the administration of the Grant Municipal Airport, Grant, Nebraska (hereinafter referred to as "Airport").  In order to foster, encourage, and insure the economic health and orderly development of general aviation and its related aeronautical activities at the Airport, and in order to insure safe and orderly operation for all users of the airport, the following Minimum Standards have been adopted.

 

This document sets forth the Minimum Standards for an entity based upon and engaging in one or more aeronautical activities at the Airport.  Any Operator who is based on the Airport will be subject to applicable federal, state and local laws, codes, ordinances, and other regulatory measures, including Airport Standard Operating Procedures.  The Airport reserves the right to change Minimum Standards at its discretion.  All persons affected by such changes will have an opportunity to comment on proposed changes and will be informed of the dates such changes are implemented.  A written lease agreement, properly executed by Operator and the Airport, is a prerequisite to tenancy on the Airport and the commencement of operations. Lease provisions will be compatible with these Minimum Standards and will not change or modify such standards.  All leases shall include a number of standard items that are a part of all leases between the Airport and any person or entity based on the Airport and engaged in aeronautical services or activities.

 

GENERAL POLICY STATEMENT:

A fair and reasonable opportunity, without discrimination, shall be afforded all applicants to qualify, or otherwise compete, for available airport facilities and the furnishing of selected aeronautical services; subject to the Minimum Standards as established by the Airport.  An Operator shall have the right and privilege of engaging in and conducting the activities selected and specified by the written contract contingent upon meeting the established Minimum Standards, the execution of a written lease with the Airport, the payment of the prescribed rentals, fees, and charges, and compliance with all federal, state, county, and airport laws, rules, codes, and regulations.  The granting of such right and privilege, however, shall not be construed as affording the Operator any exclusive right of use of the premises and facilities of the Airport, other than those premises which may be leased exclusively to the Operator, and then only to the extent provided in a written agreement.  The prospective Operator shall select one or more aeronautical services covered by these Minimum Standards.  When more than one activity is proposed, the minimum requirements will vary (dependent upon the nature of individual services in such combination) but will not necessarily be cumulative in all instances.  Because of these variables, the applicable Minimum Standards to combinations of service will be discussed with the prospective Operator at the time of application.  The Airport reserves and retains the right for the 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.

 

AIRPORT AREAS IN WHICH AERONAUTICAL SERVICES MAY BE CONDUCTED:

Such designation shall give consideration as to the nature and extent of the operation and the lands available for such proposed uses, consistent with the orderly and safe operation of the Airport.  Proposed airport operations, associated facilities, and their proposed location must comply with the Airport Layout Plan and intended changes to the Airport Layout Plan as determined by the Airport Advisory Committee and Airport Manager.

 

ENFORCEMENT OF MINIMUM STANDARDS:

In the case where violations to the minimum standards are identified by the Airport, these steps will be taken to remedy the violations:

1. Verbally notify the Operator of the violation. This will include working with the Operator to ensure that the operator understands the violation and an agreement is made on the resolution.

 

2. If the Operator does not correct the issue identified in step 1) within a reasonable time as deemed by the Airport, a written notice to the Operator will detail the violation and the expected steps to remedy the violation.

 

3. If the Operator does not correct the issue identified in step 2) within a reasonable time as deemed by the Airport, a written notice to the Operator notifying them that they are in violation of the Minimum Standards and are required to cease operations at the Grant Municipal Airport.

 

The Airport retains the right to determine what is considered reasonable dependent on the violation and the willingness of the Operator to comply. 

DEFINITION OF AN AVIATION OPERATOR:

An aviation Operator is defined as an entity engaging in an activity, which involves, makes possible, or is required for the operation of aircraft, or which contributes to, or is required for the safety of such aircraft operations.  Authorized activities by an Operator shall be strictly limited to any one or a combination of the following aeronautical services performed in full compliance with the specific standards for that activity as set forth herein:

 

1. Aircraft sales (new and/or used)

 

2. Airframe and power plant repair facilities

 

3. Aircraft rentals

 

4. Flight training

 

5. Line services (aircraft fuels and oil dispersing)

 

6. Specialized aircraft repair service - radios, propellers, instruments, and accessories

 

7. Aircraft charter and air taxi

 

8. Specialized commercial flying services

 

9. Agricultural Aerial Applicator services

 

10. Aviation operators subleasing from another aviation operator

 

11. Other aviation related activities:  Any other activities not specifically provided for in these Minimum Standards, will be subject to approval by the Airport Advisory Committee and Airport Manager.

 

PREQUALIFICATION REQUIREMENTS:

The prospective Operator shall submit the following information to the Airport, in writing, at the time of application:

 

1. Intended Scope of Activities:  Before being granted an operating privilege on the Airport, the prospective Operator must submit to the Airport a detailed description of the intended activity(s), and the means and methods to be employed to accomplish the activity(s).  This description shall include:

 

1. 1. The services to be offered.

 

1. 2. The amount of land to be leased

 

1. 3. The building space to be constructed or leased

 

1. 4. Estimated number of aircraft to be utilized

 

2. Financial Responsibility:  At the request of the Airport, the prospective Operator shall demonstrate the financial capability to initiate operations and for the construction of improvements and appurtenances that may be required commensurate with the proposed operation(s).  The requested documents may include, but not be limited to, Articles of Incorporation, Lines of Credit, company financial statements, business plan as related to the operation at the Airport.

 

GENERAL REQUIREMENTS:

1. Requirement of a Written Agreement:  Prior to the commencement of operations, the prospective Operator will be required to enter into a written agreement with the Airport.  It should be understood that these Minimum Standards do not represent a complete recitation of the provisions to be included in the written agreement.  Such contract provisions, however, will not change, modify, or be inconsistent with these Minimum Standards.

 

2. Site Development Standards:

 

1. Physical Facilities:  All proposed buildings; concrete pads, taxiways, and any other construction must meet state and local code requirements and be approved by the Airport Manager prior to construction.  All facilities shall connect to the existing taxi lane/taxiway system via concrete taxi lanes.  All construction including buildings, taxiways, pads, etc. must be approved by the Airport Manager and other appropriate agencies and comply with the ALP.

 

2. Engineering Standards:  No person shall make any alterations of any nature whatsoever to any buildings, ramp or other Airport space, nor erect any building or other structure without prior submission of a written request, including detailed plans and specifications, and have receipt of written permission from the Airport Manager.  Prospective Operators shall comply with all state and local building codes and shall deliver to the Airport Manager "as built" plans upon completion.

 

3. Insurance:  The Operator shall provide insurance coverage for all operations performed in amounts as defined from time to time by the Airport Minimum Standards and set forth in Schedule A.

 

4. Additional uses or commercial operations:  The Operator shall be limited to operations set forth in its intended scope of activities submitted to and approved by the Airport.  In the event the Operator conducts operations or activities on the Airport which are not included in that description and approved by the Airport Manager, shall be grounds for termination of the lease and continued operation of all activities on the Airport.

 

GENERAL LEASE CLAUSES:

1. For all Airport Lease Agreements:

 

1. Airport Development:  The Airport reserves the right to further develop or improve the airfield.

 

2. Airport's Rights:  The Airport reserves the right (but shall not be obligated to the Operator) to maintain and keep in repair the airfield.  The Airport shall have a right to audit insurance and required documents of all Operators if the Airport has an interest in such.  Such an audit shall be conducted confidentially and at mutual convenience and shall be limited in scope to records directly related to the aforementioned.  The Airport shall have the right to inspect all Operators in order to establish proof of currency of all licenses, compliance with all laws, rules, regulations, and standards with which the Operator is required to comply.  The Airport reserves the right to operate or conduct any or all aeronautical activities, as a part of airport operations, as necessary to benefit the Airport.

 

3. Airport Layout:  The Airport reserves the right to determine approve or disapprove the location of any proposed new construction or facilities enhancements based on the Airport Layout Plan or intended modifications to the Airport Layout Plan.

 

4. Subordination:  Airport leases shall be subordinate to the provisions of any existing or future agreement between the City of Grant and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport.

 

5. Compliance with Laws, Etc.:  The Operator shall at all times comply with the airport rules and regulations, federal, state, and local laws, ordinances, codes and other regulatory measures now in existence or, as may be hereafter modified or amended, applicable to the specific type of operation contemplated.  The Operator shall procure and maintain during the term of the Agreement all licenses, permits, and other similar authorizations required for the conduct of his business operations.

 

6. Misrepresentation:  All terms and conditions with respect to these Minimum Standards are expressly contained herein, and the Operator agrees that no representation or promise has been made with respect to these Minimum Standards not expressly contained herein.

 

7. Subleasing:  If subleasing is permitted in the lease between Operator and the Airport no subleasing Operator shall be exempt from these Minimum Standards.  All subleases shall require approval from the Airport.

 

8. Private Property Operations:  There will be no approval of taxi lanes/taxiways etc., to private property operations at the Airport, beyond what is currently allowed by previous agreement.

 

2. For Agreements which provide services to the Public, requiring a lease of Airport property:                

 

1. The Operating entity, its heirs, personal representatives, successors in interest, and assignees, as a part of the consideration hereof, does hereby covenant and agree as a condition of the land lease that in the event facilities are constructed, maintained, or otherwise operated on the said property described in an Airport lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Operators shall maintain and operate such facilities and service in compliance with all other requirements imposed in federally assisted programs of the Department of Transportation, and as said regulations may be amended.

 

2. The Operating entity, for itself, its heirs, its personal representatives, successors in interest, and assignees, as a part of the consideration hereof, does hereby covenant and agree as a condition of the land lease that:

 

1. No person on the grounds of race, sex, color, marital status, or national origin shall be excluded from participation in, denied the benefits of, of be otherwise subjected to discrimination in the use of said facilities

 

2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, sex, color, marital status, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.

 

3. That the Operator 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.

 

3. The Operator assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered by 14 CFR Part 152, Subpart E.  The Operator 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 their subpart.  The Operator assures that it will require that its covered sub-organizations provide assurances to the Operator that they will undertake affirmative action programs and that they will require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E., to the same effect.

 

4. Operator agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service; PROVIDED, that Operator may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.  None of the above provisions are required for a hangar lease where space is used only for storing lessee’s aircraft, and no services are provided to the public, however, the leases must state the intended use, and stipulate that services to the public are prohibited. Reference FAA Advisory Circular 150/51907, Minimum Standards for Commercial Aeronautical Activities, and the Airport's Rules and Regulations, as may be amended.

 

COMMERCIAL OPERATORS:

1. Fixed-base operators (including but not limited to:  aircraft sales, airframe and/or power plant repair other specialized aircraft maintenance services, aircraft rental, flight instruction, air taxi or charter service, specialized commercial flight services such as, but not limited to the following:  banner towing and aerial advertising; aerial photography or survey; firefighting or fire patrol; power line or pipeline patrol)

 

1. Qualifications:  A fixed-base operator (FBO) shall perform one or more of the operations listed in Definition of Aviation Operator Section of these Minimum Standards.  The Operator shall demonstrate that the premises from which it operates at the Airport and the personnel employed by it comply with the following requirements, as appropriate to the conduct of Operator's business.

 

2. Minimum Area:  The Operator shall construct a building or lease all or a portion of a building to provide suitable facilities for the type of operations proposed.  Such space shall include, as deemed necessary to meet state and local code requirements:  an office area, parking for employees and customers, properly lighted and heated restrooms for customers and employees, flight planning area, customer lounge area, aircraft parking and storage, aircraft maintenance area, student instruction area.  The building shall include a hangar area sufficient for intended use.

 

3. Personnel:  Provide employees with the proper training and certifications for the operations proposed.  The Operator shall provide a minimum of one person properly certificated by the FAA or other regulatory agency with appropriate ratings for work to be performed.

 

4. Equipment:  Provide the equipment necessary to perform the operations proposed.

 

5. Hours of Operation:  The Operator shall post and maintain hours of operation convenient to customers.

 

2. Aircraft fuels and dispensing service:

 

1. Qualifications:  A fixed-base operator (FBO) performing fuel dispensing services shall demonstrate that the premises from which it operates at the Airport and the personnel employed by it comply with the following requirements, as appropriate to the conduct of the Operator's business.

 

2. Personnel:  If the fuel is not self-service the Operator shall provide one or more persons trained in the servicing of aircraft on duty during posted working hours.

 

3. Equipment:  The Operator shall provide or have access to minimum fixed fuel storage of at least 2,000 gallons aviation gasoline and 2,000 gallons aviation jet fuel.  The Operator shall keep equipment in good working condition, and comply with all safety and other guidelines for commercial fuel facilities set forth by the Nebraska Fire Marshal, Nebraska Department of Environmental  Quality, Nebraska Department of Aeronautics, Federal Aviation Administration, Nebraska Department of Weights and Measures, this Airport, and any other Agency having statutory authority over such an operation.

 

4. Hours of Operation:  The Operator shall maintain self-service fueling services 24 hours a day, 7 days a week.  The Operator shall maintain a constant fuel supply and fuel shall be readily available at all times.

 

5. Spills:  Operator shall assume responsibility for any fuel spills and will be responsible to clean up said fuel spills and pay for any cost incurred therein.

 

3. Aerial application operations:

 

A fixed-base operator (FBO) performing as an Agricultural Aerial Applicator is defined as a person or entity engaging in activities, which involves, makes possible, or is required for application of products (including but not limited to chemicals, seed, and water) on agricultural property by aircraft (including but not limited to airplanes and helicopters).  Any operator desiring to engage in aerial application must provide as a minimum the following:

 

1. Minimum Area:  Operator must provide concrete loading area of sufficient size that the aircraft can be loaded and maneuver without blocking or impeding aircraft on the taxiway or taxi lane, and a concrete spill containment pad, all of which must meet Regulation Compliance as explained below and be previously approved by the Airport and shown to comply with the ALP.  A separate land lease must be signed between the Operator and the Airport for this loading and containment area.  If Operator desires to construct a building to provide suitable facilities for the type of operations proposed, such space shall include, as deemed necessary to meet state and local code requirements:  an office area, parking for employees and customers, properly lighted and heated restrooms for customers and employees, flight planning area, customer lounge area, aircraft parking and storage, aircraft maintenance area, student instruction area.  The building shall include a hangar area sufficient for intended use.  All facilities must comply with the Site Development Standards section of these Minimum Standards.

 

2. Regulation Compliance:  The Operator shall comply with all Federal Aviation Administration, Nebraska Department of Agriculture, EPA, Nebraska Department of Environmental Quality regulations, and state and local codes, as well as any requirements specified in the agreement between the Operator and the Airport.

 

3. Chemical Storage:  All chemicals stored on Premises shall be locked up in a secured storage unit.  The Premises shall be kept clean and clear of waste packaging at all times.

 

4. Spills:  Operator shall assume full responsibility for any chemical or fuel spills and will be responsible for reporting and to clean up said chemical or fuel spills and pay for any cost incurred therein. Operator shall have a spill containment control plan and report accordingly to State/Federal EPA laws.

 

5. Personnel:  Provide employees with the proper training and certifications for the operations proposed.  The Operator shall provide a minimum of one person properly certificated by the FAA or other regulatory agency with appropriate ratings for work to be performed.

 

6. Equipment:  Provide the equipment necessary to perform the operations proposed.

 

7. Hours of Operation:  The Operator shall post and maintain hours of operation convenient to customers.

 

4. Operators not permanently based at the grant municipal airport:

 

Operators that are not permanently based at the Grant Municipal Airport are welcome to use the Airport for normal general aviation operations.  The determination of which section below applies to the Operator is determined solely by the Airport Manager.

 

1. Seasonal Operators:  Seasonal Operators are those Operators that operate from the Airport on a seasonal basis.  Other than being allowed to land, takeoff, tie-down, purchase fuel, and any other activities specifically identified in the FAA Airport Compliance Manual – Order 5190.6B, the Seasonal Operators are required to comply with the Minimum Standards.

 

2. Transitory Operators:  Transitory Operators are those Operators that from time to time utilize the Airport for their normal operations.  Transitory Operators cannot sell their services as being based on the Grant Municipal Airport.  Operators that would fit into this category would include, but not be limited to, Air Taxi Services, Air Charter Services, Air Ambulance Services, Air Banner Services, and Flight Training.

 

3. Other Operators:  All other operators are required to meet the Minimum Standards.

 

ADOPTION AND AMENDMENT TO MINIMUM STANDARDS:

1. Adoption:  These Minimum Standards shall become effective as of July 29, 2014.

 

2. Amendment:  The Airport reserves the right to amend these Minimum Standards at its own discretion.  Proposed amendments will be distributed to all Operators at the Airport affected by the Minimum Standards, for comment on proposed amendment(s).  Written comments will be discussed at the next scheduled meeting of the Airport.  The proposed amendment(s) to the Minimum Standards will be adopted at the following scheduled meeting of the Airport.