10-36-010 INTRODUCTION

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.