10-36 General Provisions and Definitions

Pitkin County, Colorado, a Colorado home-rule County, by its Board of County Commissioners (“County,” “BOCC” or “board”), as the owner, proprietor, operator and sponsor of the Airport , in order to encourage and ensure the provision of adequate aeronautical services and activities at and from the Airport, the economic health of the Airport and the orderly redevelopment and further development of aeronautical and related support Facilities at the Airport, has established these Minimum Standards and requirements for Commercial Aeronautical Operators at the Airport (“Minimum Standards”).

The following chapters and sections set forth the requirements prerequisite to a Person or entity operating upon and engaging in one or an aggregate of Commercial aeronautical services and activities at the Airport. These Minimum Standards are not intended to be all-inclusive; a Commercial Aeronautical Operator (“Operator” for the purpose of Division II) on the Airport will be subject additionally to applicable federal, state and local laws, codes, ordinances and other similar regulatory measures pertaining to all such services and/or activities of the same classification and to the provisions of an applicable lease, license or permit.

A written lease, license or permit, properly executed by Pitkin County and the Operator, is a prerequisite to entry upon, occupancy, use, redevelopment and further development on the Airport or the commencement of any of the Commercial Aeronautical Services. The Director of Aviation may determine that an existing or proposed Commercial Aeronautical Service does not demand compliance with the Minimum Standards in order to protect the interests of customers, other Airport users and Commercial Aeronautical Operators. Once the Director of Aviation has established that any Commercial Aeronautical Service does not demand compliance with the Minimum Standards, the Director shall excuse compliance with the Minimum Standards by all Persons or business entities providing or proposing to provide the same Commercial Aeronautical Service under the same conditions. The written provisions, however, will be compatible with the Minimum Standards contained in this division and will not be less restrictive than these Minimum Standards. These Minimum Standards, as amended, shall be incorporated by reference into all leases, licenses or permits between the County and any Person or entity desiring to occupy Airport Facilities and engage in any Commercial aeronautical services and activities, and all leases, licenses or permits shall expressly be made subordinate to these Minimum Standards. Information relative to rentals, fees and charges to be paid to County or charged to the prospective Operator’s customers under a lease, license or permit hereunder will be made available to the prospective Commercial Operators by the Director of Aviation at the time of application or during a competitive procurement process or contract negotiations.

These Minimum Standards are not retroactive and do not affect the current term of any written agreement properly executed prior to the date of adoption and approval of these same Minimum Standards which is not expressly subordinate to the Minimum Standards, although they may affect renewals or extensions of such agreements and shall control any new agreements.

The Minimum Standards have been established (or amended) according to market conditions affecting the Airport at that time. The County expressly reserves the right, pursuant to its legislative and administrative discretion of the best interests of the health, welfare and safety of its residents and guests, and in response to future market conditions, to decrease these Minimum Standards (or any part thereof) or to grant temporary waivers or exemptions, or to increase these Minimum Standards (or any part thereof) by appropriate legislative or administrative procedure so long as any such changes are reasonable and nondiscriminatory.

These Minimum Standards may be supplemented and amended by the County, from time to time, and in such manner and to such extent as is deemed proper in the discretion of the County; provided, however, that prior to any amendment or supplement to these Minimum Standards that may affect any contractual relationships currently existing between the County and Operators, all such affected Operators at the Airport will be given published notice of the proposed amendments and/or supplements and an opportunity for hearing will be had if such is requested, not less than ten (10) nor more than thirty (30) days after the date of the published notice, at which time any Operator may appear, in Person or by counsel, and state his objection, if any, to such proposed amendments and/or supplements. Prospective Operators should verify with the Director of Aviation that they have a complete and current document.

While the Director of Aviation has the authority to manage the Airport (including the authority to interpret, administer and enforce Airport agreements and BOCC policies and the authority to permit temporary, short-term occupancy of the Airport), the ultimate authority to grant the occupancy and use of Airport real estate and to approve, amend or supplement all leases, licenses and permits relating thereto, is expressly reserved to the Board of County Commissioners of Pitkin County, acting by resolution or ordinance at a duly-noticed public meeting.

Further, all redevelopment and further development at the Airport must be consistent with the County land use code, the current approved FAA Airport Master Plan or Airport Layout Plan, including applicable land-use applications, reviews, conditions of approval and development requirements.

A. Authority. These Minimum Standards are promulgated under the authority set forth in, and are intended to be consistent with the requirements of, the following, as they may be amended from time to time:

1. Colorado Revised Statutes (C.R.S.) Sections 30-11-107, 30-35-202 and 41-4-101, et seq. and 41-5-101, et seq.;
2. The Pitkin County Home Rule Charter;
3. The Pitkin County Code, Chapters 10.04 through 10.32 and the Pitkin County Land Use Code;
4. Airport Master Plan and Airport Layout Plan (ALP), as amended;
5. Airport/FAA Grant Assurances (including incorporated federal statutes and regulations) and applicable FAA Advisory Circulars;
6. Airport County land use public zone district master plan (including conditions of approval of any applicable land-use applications);
7. Airport financial and rate-making policy;
8. Airport bond covenants (existing and future);
9. The Pitkin County procurement code.
10. FAA Advisory Circular 150/5190-5, Exclusive Rights and Minimum Standards for Commercial Aeronautical Activities (2002).

B. Incorporation by Reference. These Minimum Standards incorporate by reference, as though fully set forth herein and as they may be amended from time to time, the following (in the event of a conflict, the more stringent regulation, in the determination of the County, shall apply):

1. Pitkin County Code Title 10;
2. Airport operations (and emergency) plan;
3. Airport security plan;
4. Airport Fueling and Self-Fueling regulations, as amended;
5. Airport aviation Fuels facility, spill prevention control and counter measure plan;
6. Airport architectural covenants and Airport development standards (including requirements for site work; utility extensions, upgrades and connections; Building location; landscaping; construction quality; air side and ground side Parking and Traffic circulation; shared Airport capital Improvements; and County ownership at end of lease term or amortization period);
7. Airport disadvantaged Business enterprises (DBE) plan.

When used in this division, the following words and terms shall have the following meanings. If, in the administration and/or interpretation of these Minimum Standards, words or terms that are not defined below become relevant, such words or terms will be deemed to be defined by the Federal Aviation Regulations or by common meaning in the aviation industry (from the Airport’s point of view), unless such alternate meanings conflict with these definitions, in which case these definitions shall control.

“Additional Facilities, Activities and Services” are those that: are not within the footprint and structure of required Facilities; are those listed below as “additional;” or otherwise are not listed expressly as “required” or “permitted.”

“Additional Services and Activities” as defined and limited in the Minimum Standards, are those that may not be developed or maintained, conducted, provided and/or offered on or from the Airport without prior, separate application under these Minimum Standards and all reviews and approvals thereunderthere under

“Aeronautical Activity” or “Aeronautical Service” means any activity or service that involves, makes possible, or is required for the operation of Aircraft, or that contributes to or is required for the safety of such operations. The following activities, without limitation, which are commonly conducted on Airports, are aeronautical activities within this definition: charter operations, Pilot training, Aircraft rental and sightseeing, aerial photography, aerial spraying, aerial surveying, Air Carrier operation, Aircraft sales and service, sale of aviation Fuel and oil whether or not conducted in conjunction with other included activities, repair and Maintenance of Aircraft, sale of Aircraft parts, and any other activities which, in the sole judgment of Pitkin County, the Airport Operator, because of their direct relationship to the operation of Aircraft, can appropriately be regarded as an Aeronautical Activity or service.

“Air Carrier Area” or “Air Carrier End” means the southern half of the Airport (approximately); that part of the Airport occupied and used primarily by Facilities for and operations of Scheduled Air Carriers (Parts 121 and 135) holding certificates of public necessity; the Air Carrier Area is separated from the General Aviation Area or General Aviation End of the Airport by a double yellow dashed line, divided by a solid red line at approximately A-5 on the Runway.

“Airport Land-Use Identification Plan” means an airport planning document, consisting of a map of the General Aviation Area of the Airport and supporting documentation, that contains both the existing Facilities and uses of the GA Area and proposed short-, mid- and long-term Facilities and uses. This document is intended to be a synthesis of the elements of the Airport FAA Master Plan and the Airport Land Use Master Plan.

“Airport Land Use Master Plan” means the master plan adopted by the County pursuant to the Pitkin County land use code, public zone district, master plan option, as a pre-requisite to Airport redevelopment or further development.

“Airport Lessees, Licensees and Permittees” or “LLPs” means those Persons or Business entities holding current written agreements with the County to conduct commercial operations at or from the Airport.

“Commercial Aeronautical Activity” or “Commercial Aeronautical Service” means an Aeronautical Activity or Aeronautical Service that is provided by a Commercial Aeronautical Operator for direct or indirect compensation or consideration of any kind whatsoever including, without limitation, trade or promotional/marketing purposes.

“Commercial Operator” means a Person who, for compensation or hire, engages in the carriage by Aircraft in air commerce of Persons or property, other than as an Air Carrier or foreign Air Carrier or under the authority of FAR Part 375. Where it is doubtful that an operation is for “compensation or hire,” the test applied is whether the carriage by air is merely incidental to the Person’s other Business or is, in itself, a major enterprise for profit.

“Commercially-Reasonable Minimums” means a formal determination to be made from time to time by the Director of Aviation in his or her reasonable discretion based on a compilation, comparison and analysis of the levels and quality of aeronautical activities and services provided at similar airports in or serving similar destination resort communities.

“County Representative”. The BOCC may be represented in matters affecting the Airport by its designee, the County manager, or the County manager’s designee, the Director of Aviation or the Director of Aviation’s designee, as indicated in writing.

“Equipment” means Business or Personal property used by a Commercial Aeronautical Operator in the provision of Commercial aeronautical services or activities.

“Exclusive Right” means a power, privilege or other right excluding or declaring another from enjoying or exercising a like power, privilege or right. An Exclusive Right may be conferred either by express agreement, by imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right or rights, would be an Exclusive Right. An Exclusive Right to conduct an Aeronautical Activity, which is forbidden by federal regulation, is distinguished from an Exclusive Right to occupy or use real estate, which is permitted by federal regulation under certain conditions.

“Exclusive Use” means the right of an LLP, if so provided in its agreement with the County, to occupy and/or use land areas, Buildings, Improvements and Facilities solely and to the exclusion of others for the term of such agreement, as long as the LLP is not in default thereunder, subject only to the terms and conditions set forth therein and the provisions of controlling law.

“FBO Facilities” means public-use Facilities on the Airport primarily to serve the customers of an FBO, e.g., GA terminal, main storage hangar, Maintenance and repair shop/hangar.

“FFEI” is an acronym that stands for furniture, Trade Fixtures, Equipment and inventory, but includes all Business and Personal property that is not real estate that is used by a Commercial Aeronautical Operator in revenue-producing activities.

“Fixtures,” as distinguished from Trade Fixtures, are property used by a Commercial Aeronautical Operator that are attached to real estate and are not intended to be removed upon the end of a tenancy unless otherwise agreed by the parties.

“GA Facilities” means public-use Facilities on the Airport primarily to serve general aviation Aircraft and passengers and S-FBOs, e.g., aviation Fuel farm, T-Hangars, S-FBO Facility.

“General Aviation Facilities Taxilanes” means the paved portion of the GA Area Ramp within the area leased to a FBO identified and used exclusively for the movement of Aircraft to and from the public airfield facility Taxiways to the FBO and general aviation Facilities and for internal circulation of Aircraft within those areas.

“Major Alteration” means an alteration not listed in the Aircraft, Aircraft engine, or propeller specifications that:

1. Might appreciably affect weight, balance, structural strength, performance, powerplant operation, flight characteristics, or other qualities affecting airworthiness; or
2. Is not done according to accepted practices or cannot be done by elementary operations.

“Permitted Services And Activities” as defined and limited in these Minimum Standards, are those that may be maintained, conducted and provided, in any combination, at any time, within the sound Business discretion of the FBO Operator, so long as the Facilities, activities and services are provided within the footprint and structure of required Facilities.

“Preventive Maintenance” means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations.

“Procurement Action” means an administrative process, undertaken by the County pursuant to its procurement code, for the public solicitation and competitive selection of a provider of goods or services to the County.

“Required Services And Activities” as defined and limited in these Minimum Standards, are those that all shall be developed or maintained, conducted and provided, in aggregate, at all times, by a full-service fixed-base Operator (FBO).

A. Air Carriers under an FAR Part 121 Air Carrier certificate are exempt from these Minimum Standards.

B. Flying Clubs.

All Commercial Aeronautical Operators, as defined herein, are subject to these Minimum Standards.

A prospective Operator shall submit, in written form, to the Director of Aviation, at the time of its application, the following information and, thereafter, such additional information as may be requested by the County:

A. Intended Scope of Activities. As a prerequisite to occupancy on and the granting of an operating privilege on the Airport, the prospective Operator must submit a specific, detailed description of the scope of the intended operation, and the means and methods to be employed to accomplish the contemplated operating standards and requirements, in order to provide high-quality service to the aviation and general public in the Airport air service area, including, but not limited to, the following:

1. The name, address, telephone number and primary contact Person of the Business organization entity of the applicant and the names and addresses of all management and supervisory Personnel, all officers and directors (if a corporation) and all Persons owning, holding and/or controlling any equity interest, voting rights or debt;
2. The requested date for commencement of the activity and the proposed term of conducting the same and the proposed structure and amounts of rent and/or revenue to County;
3. A comprehensive listing of all services proposed to be offered on or from the Airport and the proposed schedule of fees and charges therefor;
4. A map to scale of the amount, configuration and location of property requested or desired to be occupied;
5. The size and position of the Building space to be occupied and the proposed design and terms for the construction of any additional space and the ownership, leasing or sub-leasing thereof. An identification of any necessary or desirable capital Improvements to be constructed in conjunction with the operation and applicant’s proposal for financing the same;
6. The number, type and basing of Aircraft proposed to be provided (as applicable) and/or a detailed description of all Equipment and Facilities;
7. The number of Persons proposed to be employed (including the names and qualifications of each Person), whether the employees will be Airport-based (full-time, part-time and seasonal) or transient, and the certifications required, if any, for each Person to provide a proposed Aeronautical Activity;
8. The hours of proposed operation;
9. The types and limits of insurance coverage to be maintained;
10. A listing of the federal, state and local laws, rules and regulations to which the operation is subject;
11. A plan for compliance with the Airport’s management, environmental and land-use requirements, policies and goals.

B. Financial Responsibility. The prospec-tive Operator must provide a statement, in evidence of his or her 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 and for the construction of Improvements of the proposed operation or operations, and shall also indicate his or her ability to provide working capital to carry on the contemplated operations, once initiated.

The demonstration of financial responsibility will include a cash flow and a profit and loss projection for the first five years of the proposed operation, a three year historical profit and loss statement, if applicable, and current (within sixty (60) days) balance sheet, all compiled by a licensed Colorado Certified Public Accountant. The foregoing information must be presented in a form satisfactory to the County and will be reviewed and approved/disapproved by the County in its discretion. Information presented in this subsection will be kept confidential by the County to the extent provided by law.

C. Managerial Capacity, Business Reputation and Successful Experience. The prospective Operator shall furnish the County with a statement of its past experience in the specified services applied for, including resumes of management and supervisory Personnel directly responsible for the proposed operation, together with Business, financial and managerial references. The foregoing information must be presented in a form satisfactory to the County and will be reviewed and approved/disapproved by the County in its discretion. Information presented in this subsection will be kept confidential by the County to the extent provided by law.

D. Business Organization. Description of organization and history of Business entity of applicant, including listing of all Persons holding ownership, control, management, supervisory or financing debt interest. Information presented in this subsection will be held confidential to the extent provided by law.

E. Familiarity With and Demonstrated Compliance with These Minimum Standards and Incorporated Laws, Regulations and Policies. The prospective Operator shall demonstrate that the proposed operation or activities meets or exceeds the County’s Airport operational, financial, management, land-use, environmental and social policy goals.

The Director of Aviation reserves the right (and the applicant by submitting an application hereunder confirmations and acknowledges that right) to conduct investigations into the completeness and accuracy of the material provided and may deny any application, if in his or her opinion, he or she finds any one or more of the following:

• A. The applicant for any reason does not meet fully the qualifications, standards, and requirements established herein. The burden of proof of compliance shall be on the prospective Operator and the standard of proof shall be by clear and convincing evidence;
• B. The applicant’s proposed operation or construction will create a safety hazard on the Airport;
• C. The granting of the application will require the Airport to spend funds or to supply labor or materials in connection with the proposed operation and such funds are not available or budgeted, or the operation will result in a financial loss to the Airport;
• D. No appropriate, adequate or available space or Building exists at the Airport which would accommodate the entire activity of the applicant at the time of application, nor is contemplated within a reasonable time thereafter; or the County does not have available or have budgeted appropriate funds to construct any infrastructure necessary to support the desired activity;
• E. The proposed operation or Airport development or construction does not comply with the master plan of the Airport or Airport Layout Plan then in effect;
• F. The development or use of the area requested by the applicant will result in a congestion of Aircraft or Buildings or will result in unduly interfering with the operations of any present Operator on the Airport, relating to problems with Aircraft service and/or prevent free access to the leased area of the Operator(s);

• G. Any party applying or interested in the Business has either intentionally or uninten-tionally misrepresented or omitted any material fact in the application or in supporting documents;
• H. Any party has failed to make full disclosure on the application or on supporting documents;
• I. Any party applying or interested in the Business has a record of violating the rules and regulations of any other airport or civil air regulations, FAA regulations, or any other rules and regulations applicable to the Airport;
• J. Any party applying or interested in the Business has defaulted in the performance of any lease or any other agreement with the County or the Airport;
• K. On the basis of current financial information, the applicant does not, in the discretion of the Director of Aviation, exhibit adequate financial responsibility to undertake the project;
• L. The party applying or interested in the Business cannot provide a performance bond or applicable insurance in the amounts and types required by the Airport for that Commercial Aeronautical Activity; or
• M. Any party applying or interested in the Business has been convicted of any felony or of a misdemeanor involving moral turpitude.
• N. The party applying or interested in the Business has requested terms of a lease, license or permit that are below the minimum requirements contained in this Division II for the Commercial Aeronautical Service or requested to pay fees, rates and charges that are below the fees, rates and charges for the proposed service or activity set forth in Division I of this Title.

A. It is the intent of the County to plan, manage, operate, finance and redevelop or further develop the Airport for the long-term financial health of the Airport consistent with accepted Airport management and development practices, reasonable commercial aeronautical practices, Pitkin County land use and environmental policies and regulations, and applicable federal and local policies and regulations. To this end, all applicants to perform Commercial aeronautical services and activities on the Airport shall be accorded a fair and reasonable opportunity, without unlawful discrimination, to qualify and to compete, to occupy available Airport property and Facilities and to provide or conduct appropriate aeronautical services or activities; subject, however, to the Minimum Standards and requirements as established by the County as set forth in this division.

B. In all cases where the words “standards” or “requirements” appear, it shall be understood that they are modified by the word “minimum” except where a “maximum” is clearly identified. Determinations of minimum shall be from the Airport’s point of view as an Airport owner, proprietor, leesor, licensor or permittor. All Operators will be encouraged to exceed the minimum in terms of quality of Facilities or services. No Operator will be allowed to occupy area or conduct activities under conditions less than the minimum, unless expressly waived in writing by the County.

C. Contingent upon its: (1) pre-qualification; (2) demonstrated compliance or plan for compliance with the established Minimum Standards (including incorporated laws, regulations and policies); (3) success in a competitive selection (procurement) action and/or a land-use application and approval process, if required; (4) execution of a written lease, license or permit agreement with the County; (5) satisfactory performance of its obligations under that agreement, including the payment of prescribed rentals, fees and charges; and (6) compliance with all applicable federal requirements, (i.e., Airline, Aircraft and flight crew certifications), an approved Commercial Aeronautical Operator shall have the right and privilege of occupying Airport Facilities and engaging in and provision or conduct of the services or the activity or an aggregate of activities on the Airport as specified therein.

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 lease, license or permit.

D. The County 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. The County further reserves the right to designate the specific Airport areas in which the individual, or an aggregation of, aeronautical services and activities may be conducted in accordance with the current adopted Airport Layout Plan. Such designation shall give consideration to the nature and extent of the operation and the lands and Improvements available for such purpose, consistent with the orderly and safe operation of the Airport.

E. Commercial Aeronautical Operators shall be required to comply with all TSA regulations, rules, directives and orders as set forth in Parts 1542 of Title 49 of the Code of Federal Regulations, as amended, if amended, or as issued in writing or verbally by any authorized TSA Employee, including, for example and without limitation, current requirements for security assessments for flight school students and any future security requirements applicable to general aviation.