10-36-020 DEFINITIONS

“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).