Attachment_8_-_Cedar_City_Airport_Rules_Regulations_and_Minimum_Standards_-_Sept_2022.pdf

CEDAR CITY REGIONAL AIRPORT

CEDAR CITY, UTAH

RULES AND REGULATIONS

AND

MINIMUM STANDARDS

Amended and Passed by the City Council

September 14, 2022

January, 2016

TABLE OF CONTENTS

INTRODUCTION

CHAPTER I - GENERAL PROVISIONS

Section 1 Purpose Section 2 Definitions

CHAPTER II - RULES AND REGULATIONS

Part 1 General Section 1 Airport Manager Section 2 Public Use Section 3 Common Use Areas Section 4 Ground Vehicular Traffic & Parking Section 5 Pedestrians Section 6 Exterior Advertising & Signs Section 7 Operators to Keep Rules & Regulations Available Section 8 Flagging and/or Hawking Prohibited Section 9 Refuse Section 10 Approval of Construction Section 11 Waiver of Rules and Regulations and Minimum Standards

Provisions Section 12 Acts of God

Part 2 Aircraft Operation

Section 1 General Section 2 Aircraft Parking/Maintenance Section 3 Fire Regulations

Part 3 Violations

Part 4 Government Agreements Section 1 War or National Emergency Section 2 Leases Subordinate to Government Lease Section 3 Minority Business Enterprises

Part 5 Airport Master Plan / Airport Layout Plan

Section 1 FBO/Operator Approval Not Required

Part 6 Reservation of Rights to Individual Users Section 1 Explanation of Rights and Duties Imposed

CHAPTER III - MINIMUM STANDARDS

Section 1 Special Events Section 2 Glider Operations Section 3 Business Activities Section 4 Action on Application Section 5 Supporting Documents Section 6 Airport Leases Non-Transferable Section 7 Rates

CHAPTER IV - AIRPORT OPERATORS, LEASES AND CONCESSIONS

Section 1 Fixed Base Operator (FBO) Section 2 Self-Fueling Section 3 Specialized Aviation Services Operators (SASO) at the Airport Section 4 Flying Clubs Section 5 Independent Flight Instructors Section 6 Personal Aircraft Sales & Leases Section 7 Specialized Commercial Activities Section 8 Helicopter/Rotorcraft Flight School Operating Protocols

CHAPTER V - AIRPORT LEASE POLICIES

Section 1 Lease Term Section 2 Lease Rate Section 3 Utilities Section 4 Facility Maintenance Section 5 Construction/Modifications to A City Owned Facility

CHAPTER VI – DEVELOPMENT STANDARDS

Section 1 Purpose Section 2 Development Standards

Section 2.1 Site Plan Review / Permits Section 2.2 Setbacks Section 2.3 Height Restrictions Section 2.4 Hangar Size Section 2.5 Architecture

Section 3 Paved Access Section 4 Storm Water Systems Section 5 Signs Section 6 Lighting Section 7 Landscape Section 8 Sidewalks

Section 9 Parking Section 10 Outdoor Storage Section 11 Utilities Section 12 Temporary Buildings Section 13 Snow Removal Section 14 Refuse Section 15 Fencing Section 16 Office and Apartments in Hangars Section 17 Construction Standard Section 18 Clean Up and Reclamation

INTRODUCTION

Cedar City Regional Airport (CCRA) is a commercial service aviation facility serving the air transportation needs of the citizens of Cedar City and Iron County, Utah.

The Airport is a public use facility served by scheduled air carriers for passenger carriage and cargo, air charter and air taxi operators, flight schools, crop dusters and medical transport operators, and is utilized by aircraft owners, operators, pilots and passengers for their air transportation needs, businesses and recreational flying activities.

The Airport, aside from offering to the community aviation-related, as well as economic services and benefits, is a symbol of pride for the City of Cedar City and its citizens. It is representative of the City's desire and commitment to move forward and to progress.

The government of the City of Cedar City, representing the people of Cedar City, Utah supports the Airport and its activities and intends to do that which is necessary and consistent with all applicable law to ensure its viability in order that it may continue to safely, efficiently, and adequately serve, to the best of its ability, the needs of all who use the Airport and rely on its services.

These Rules and Regulations and Minimum Standards are developed utilizing FAA

Advisory Circular 150/5190-7 guidance. Moreover, to the extent that the Airport or City has undertaken Federal Grant Obligations and has made certain Federal Grant Assurances, it is the policy of the Airport and City to abide by all such Obligations and Assurances. In the event of a conflict between these Rules and Regulations and the terms of any Federal Grant Obligations and/or Federal Grant Assurances, the terms of the Federal Grant Obligations and/or Federal Grant Assurances shall supersede and control.

CHAPTER I

GENERAL PROVISIONS

Section 1 Purpose

These Airport rules and regulations and minimum standards, hereafter referred to as "regulations and standards" are designed to establish the necessary regulations and standards for the management, government and use of the Airport and to ensure the continued viability and safety of the Airport for its users and for the citizens of Cedar City. These regulations and standards are intended to be reasonable, attainable, uniformly applied, non-arbitrary and non-discriminatory. These regulations and standards apply equally to everyone using the Airport and shall be observed, abided by and obeyed.

These regulations and standards do not pertain to scheduled Air Carrier Operations under Federal Aviation Regulation Part 121, U.S. Government Agencies or to Military.

Section 2 Definitions

The following words and terms shall have the meaning indicated below, unless the context clearly requires otherwise:

A. Aeronautical Activity - Any activity 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. Activities within the definition, commonly conducted on airports include, but are not limited to the following: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts, parachute or ultralight activities, and any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities. Activities, such as model aircraft and model rocket operations, are not aeronautical activities.

B. Aircraft - Aircraft shall have that meaning specified in Title 49 United States Code and in Federal Aviation Regulation Section 1.1 and includes a device that is used or intended to be used for flight in the air, including but not limited to, airplanes, rotorcraft and helicopters, gliders, ultralights and lighter than air vehicles.

C. Airport Layout Plan - The currently approved, scaled dimensional layout of the entire Airport property, indicating current proposed usage for each identifiable segment as approved by the Federal Aviation Administration and the Cedar City Regional Airport.

D. Board - Airport Board appointed by the City who has the authority and responsibility to make recommendations to the City Council on all matters of airport development and establishing of policy for the use and operation of the airport.

E. Cedar City Regional Airport - Referred to as the “Airport”, means the property allocated for the operation of the Cedar City Regional Airport in the City of Cedar City, State of Utah, as depicted on the current Airport Layout Plan.

F. City of Cedar City - Referred to as the “City”, means the Cedar City Corp., the fee simple owner of the property that comprises the Cedar City Regional Airport. City includes the designated staff or representatives thereof.

G. Commercial Aeronautical Activity - Any aeronautical activity which involves, makes possible or relates to the operation of aircraft, the purpose of such activity being to secure income, earnings, compensation or profit, whether or not such objective(s) is accomplished. Activities include operations such as charter, hauling cargo, aircraft sales, flights schools or aircraft rental, etc.

H. CTAF - The Common Traffic Advisory Frequency that aircraft use to announce intentions and communicate with other aircraft in the airport traffic pattern or while on an airport movement area.

I. Entity - A person, persons, firm, partnership, Limited Liability Company, unincorporated proprietorship, association, group or corporation.

J. Fixed Base Operator (FBO) - A commercial business granted the right by the City to operate on or at the Airport and provide aeronautical services such as (by way of example and not limitation) fueling, hangar parking, tie-down and parking, aircraft rental, aircraft maintenance and flight instruction.

K. Fuel Staging – Area designated by the Airport Manager for staging fuel service vehicles and equipment necessary for direct aircraft refueling.

L. Fuel Storage – Fuel storage tanks used for the method of storing or containing fuel to be used in an airport fueling operation.

M. GPU - A Ground Power Unit that provides electrical power to an aircraft when the aircraft is shut down but needs to operate auxiliary onboard equipment.

N. Manager - Means the Airport Manager of the Cedar City Regional Airport who is the designated person appointed by the City.

O. Minimum Standards - Qualifications established by the Cedar City Regional Airport Board as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the Airport and or for a land or facility lease.

P. Movement Area - The runways, taxiways and other areas of an airport that are used for taxiing, takeoff and landing of aircraft, exclusive of loading ramps and aircraft parking areas.

Q. Non-Aeronautical Activity - Any activity conducted on Airport property that does not involve the operation of an aircraft or that contributes to or is required for the safe operation of aircraft.

R. Non-Commercial Aeronautical Activity - Any aeronautical activity which does not involve, makes possible or relates to the operation of aircraft, the purpose of such activity being to secure income, earnings, compensation or profit, whether or not such objective(s) is(are) accomplished.

S. Non-Commercial Flying Club - Any combination in which three (3) or more persons are associated (directly or indirectly) as individuals or as any association or legal entity to provide such persons the privilege of piloting club-owned aircraft based on the Airport. The flying club shall be operated on a non-profit basis so that it does not receive greater revenue than the amount necessary for the operation, maintenance, acquisition and replacement of its aircraft. The non-profit status shall be substantiated by documentary proof from the Internal Revenue Service.

T. Non-Movement Area – Includes the taxiway, helipad and parking aprons.

U. Operator - Means use, cause to use or authorize to use aircraft, for the purpose of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise.)

V. Operate Aircraft and Operation of Aircraft – Means using aircraft for the purposes of air navigation, including the navigation of aircraft and causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft.

W. Regulations and Standards – The rules, regulations and standards as may be promulgated and adopted from time to time by the City or Board to protect the public health, safety, interest and welfare of the Cedar City Regional Airport.

X. Specialized Aviation Service Operator (SASO) - A commercial aeronautical activity that provides one or more commercial services as outlined in

Chapter IV.

Y. UNICOM - Refers to the Universal Communications frequency that aircraft use to communicate with service personnel for fuel and parking information.

Z. Federal Grant Obligations – Any and all obligations of the City arising out of or in connection with a Federal grant program, airport development assistance or Federal Aid, including but not limited to obligations arising under the Surplus Property Act of 1944 (49 U.S.C. Secs. 47151-47153), the Federal Air to Airports Program, the Airport Development Aid Program and the Airport Improvement Program.

AA. Federal Grant Assurances – A provision within a Federal Grant Agreement to which the City, as recipient of Federal airport assistance, has agreed to comply in consideration of the assistance provided. Grant assurances are required by Federal Statute (49 U.S.C. Sec. 47101.)

BB. Exclusive Right – The power, privilege or other right excluding or debarring another firm from enjoying or exercising a like power, privilege or right. An exclusive right can be conferred either by express agreement, or by the 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.

CHAPTER II

RULES AND REGULATIONS

PART I: GENERAL

Introduction

All aeronautical activities at the Airport, all operation and flying of aircraft at the Airport, and all business and other activities at the Airport, shall be conducted in accordance with these regulations and standards, and all pertinent rules, regulations, orders and rulings of the FAA and the Utah Department of Transportation Division of Aeronautics (DOA), as appropriate, which are made a part of these regulations and standards by this reference. In the event of any conflict between these regulations and standards and any law, rule, regulation or order of any governmental agency cited in this section exercising the same or similar jurisdiction, the latter shall prevail.

Section 1 Airport Manager

The Airport Manager is authorized to take all reasonable actions necessary to protect and safeguard the public while present at the Airport and to oversee all Airport operations consistent with these regulations and standards, those of the FAA and the laws of the State of Utah. The Airport Manager shall administer these rules, regulations, and standards in a reasonable, impartial and uniform manner so as not to allow discriminatory application thereof.

a. The Airport Manager will control the Airport's primary UNICOM and CTAF frequencies in strict accordance with applicable FCC regulations.

b. Complaints pertaining to any activity or service at the Airport, if not accommodated satisfactorily by the Airport Manager, may be registered by writing to the Chairman of the Cedar City Airport Board. The address of the Chairman of the Airport Board shall be available through the offices of the Cedar City Corp or the Airport Manager.

Section 2 Public Use

The Airport shall be open for public use at all hours, subject to regulations or restrictions due to weather, the conditions of the Airport operational area, and special events and like causes, as may be determined by the City. The Airport is provided by the City for the use, benefit, and enjoyment of all. Reasonable and nondiscriminatory user fees and charges may be established to support the maintenance and improvements of the Airport.

Section 3 Common Use Areas

Common use areas include all runways for landing and take-off, taxiways, airport lighting, all apparatus or equipment for disseminating weather and wind information, for radio or other electrical communication, and any other structure, equipment or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. All parallel and connector taxiways shall be common use areas. All taxi-lanes shall be kept clear and available for aircraft traffic. All airplane aprons shall be considered common use areas available for use. All aircraft must be parked in marked/approved parking locations. No vehicles, trailers or equipment will be parked in any common use areas. Usage of the T-hangar taxi-lanes at 2246 and 2252 West Kitty Hawk Drive are for the tenants of the T-hangars. Usage of the taxi-lanes for the facilities located at 1215 and 1305 North Airport Road are for the tenants of these two facilities. Except in emergency situations, no FBO or other Operator or person shall use any common use area for nonstandard purposes without the prior consent or authorization of the City and/or Airport Manager. Common use designations may be changed from time to time by the Airport Manager.

Section 4 Ground Vehicular Traffic and Parking

Normal traffic laws of the State of Utah shall apply to the streets, roads and vehicular parking areas at the Airport, unless otherwise provided by law. Except for fire-fighting equipment, ambulance and emergency vehicles, or official airport vehicles, or other vehicles approved by Airport Manager, no person shall take or drive any vehicle on the Airport, other than on established streets, roads and vehicular parking facilities, unless permission has first been obtained from the City and/or Airport Manager. Pilots and their passengers may load and unload their aircraft but may only operate a vehicle on the parking aprons. Vehicles shall not be parked and left unattended on the Airport aircraft movement/parking areas. The speed limit for vehicles operated in the Airport Operations Area (AOA) is fifteen (15) mph. Operators of unauthorized vehicles shall be subject to arrest and vehicles towed, if necessary, at owner's expense. Vehicles may be used to tow gliders from their hangar/parking area to the glider operations area and as necessary for flight operations provided they have radios that can transmit and receive on the Common Traffic Advisory Frequency (CTAF) and have prior permission from the Airport Manager.

Vehicles out of registration or in a non- street legal operating condition are not permitted on airport property unless stored in a hangar or with the Airport Manager’s approval. Violators will have their vehicle towed at the owner’s expense.

Vehicles, trailers, and/or personal property abandoned on Airport property for longer than 30 days will be disposed of or removed from the Airport at the owner’s expense.

Section 5 Pedestrians

For their own protection, all pedestrians must remain clear of movement areas at all times. Pedestrians are only permitted in the Airport Operations Area (AOA) if they have an operational need to be in the AOA.

Section 6 Exterior Advertising and Signs

No signs or other advertising shall be placed or constructed upon the Airport or within or upon any building or structure or improvements thereon without having first obtained approval from the Airport Manager and/or City Building Dept. No lighted signs are permitted on the airside of the airport.

Section 7 Operators to Keep Rules and Regulations Available

All operators based at the Airport shall keep a current copy of these regulations and standards posted in hangar or place of business and available for viewing to all who enter. It is the responsibility of all owners of aircraft based at the Airport and pilots who use the Airport to be familiar with the contents of this document. Those operating at the Airport bear the responsibility for compliance and ignorance is not an excuse for violation of any rule, regulation, or minimum standard. Airport Rules and Regulations and Minimum Standards are available electronically at www.cedarcity.org.

Section 8 "Flagging" and/or "Hawking" is Prohibited

"Flagging" and/or "Hawking" for the purposes of these regulations and standards is defined as: Any method or means used from any location to attract incoming aircraft for the purposes of selling fuel or providing other services (except the use of fixed signs if approved by the City).

Section 9 Refuse (Recyclable and Non-Recyclable Waste)

No person shall throw, dump or deposit any waste, refuse or garbage on the Airport.

All waste, refuse or garbage shall be placed and kept in closed garbage cans or containers and all operating areas shall be kept in a safe, neat, clean and orderly manner at all times and in such manner as to minimize any hazards. All hazardous waste must be controlled and disposed of in accordance with all State and City Environmental Regulations. At no time will outside storage of oil, fuel, or chemical drums be permitted. No outside storage of any hazardous items is permitted.

Section 10 Approval of Construction

No buildings, structures, tie-downs, ramps, paving, taxi areas or any other improvement or addition on the Airport shall be placed or constructed on the Airport, or altered or removed without prior approval of the City. In the event of any construction the City may, at its discretion, require an appropriate bond to guarantee the completion of the construction in accordance with its approval. The City shall consider conformance to the capital improvement plan for the Airport, the Airport Layout Plan and Airport Master Plan prior to the approval or denial of any construction or development at the Airport.

New construction of airport hangars must comply with the appropriate provisions of the currently adopted International Building Code as amended by the current Utah Building Code and NFPA (National Fire Protection Agency ) requirements as well as Federal, State and local laws pertaining to airports and hangars. Should any discrepancies occur between these requirements, it is the duty of the design professional to consult with the Cedar City Engineer’s office, the Cedar City Building Division and/or Cedar City Fire Department as appropriate for resolution.

An FAA form 7460-1 must be filed with the Denver Airports District office by the requestor before approval of any construction can be granted.

Section 11 Waiver of Rules and Regulations and Minimum Standards Provisions

The City may, at its discretion, waive all or any portion of these regulations and standards for the benefit of any government, governmental agency, or public service entity performing non-profit public services to the aircraft industry, or performing air search and rescue operations, or performing fire prevention or firefighting operations, but only to the extent permitted by the rules of the FAA and the laws of the State of Utah.

Section 12 Acts of God

Nothing contained in these regulations and standards shall be construed as requiring the City to maintain, repair, restore or replace any structure, improvement or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstances beyond the control of the City.

However, should acts of God occur to the extent that the FBO/Operator is not able to conduct business as usual, all rents and fees due the City shall be temporarily suspended for a reasonable period of time to allow the FBO/Operator to reopen for business at its discretion.

PART II: AIRCRAFT OPERATION

a. Every person operating an aircraft shall comply with and operate such aircraft in accordance with these regulations and standards, and all pertinent rules, regulations, orders and rulings of the FAA, and DOT and other appropriate governmental agencies. Every person operating an aircraft is responsible for the safe of operation and for the safety of others exposed to such operation, and therefore shall exercise good operating procedures at all times. Aircraft shall not be operated carelessly or negligently nor in disregard of the rights and safety of others.

b. The Cedar City Regional Airport is a non-towered airport. All aircraft must have radio equipment permitting two-way communications to monitor the Airport CTAF to obtain Airport advisory information prior to entering the Airport traffic pattern.

c. The official FAA traffic pattern chart is made a part of these regulations and standards and every person operating an aircraft is recommended to follow the FAA designated pattern.

d. Unless a Notice to Air Mission (NOTAM) has been issued and except for special circumstances or emergency situations, all aircraft shall follow the appropriate taxiway and runway guidance marking and lighting when operating on the Airport. Taxiways are to be used exclusively for the movement of aircraft to and from runways.

e. In the event the Airport Manager believes the conditions of the Airport are unsafe for landings or takeoffs, it shall be within the Managers’ authority to issue a NOTAM to close the Airport, or any portion thereof, for a reasonable period of time so that such unsafe conditions may be corrected.

f. In the event any aircraft is damaged to the extent that it cannot be moved under its own power, the Airport Manager shall be immediately notified by the aircraft owner, operator or pilot and/or FBO. Subject to governmental investigations and inspection of the wreckage, the owner or pilot of the wrecked or damaged aircraft, or the owner's agent or legal representative shall, as soon as reasonably possible, obtain the necessary permission for removal of said aircraft from all landing areas, taxiways, and all other traffic areas, and place or store said aircraft in normal hangar/tie down areas or as approved by the Airport Manager.

The Airport Manager shall have the authority to remove the disabled aircraft at the aircraft owners and or operator’s expense if the aircraft is impacting airport operations and the owner and/or operator fails to respond in a timely manner.

g. Landing on Runway 2/20 is restricted to aircraft with rubber wheel type landing gear configurations. Aircraft equipped with pontoons, skids or skis are not permitted to land or touchdown on any runway surface except in an emergency.

Section 2 Aircraft Parking/Maintenance

a. No person shall park, store, tie-down or leave any aircraft on any area of the Airport other than paved parking aprons that are identified by the Airport Layout Plan. All aircraft parked outside on any airport apron must be fully operational and hold a valid Airworthiness Certificate.

b. Operators shall properly secure their aircraft while parked or stored.

Pilots are solely responsible for parking and tying down their aircraft, including any special security measures required by weather conditions or other conditions at the Airport. Operators also shall be responsible within reason for securing aircraft in a manner necessary to avoid damage to other aircraft or buildings at the Airport in the event of winds or other severe weather. The City's obligation, unless otherwise provided for by any Operator lease agreement, shall be the maintenance of the aircraft parking space, exclusive of tie-down rope and grass surfaces.

c. All maintenance to aircraft or engines shall be made in hangars or areas designated for this purpose by the City and/or Airport Manager and not on any part of the landing area, taxiways, ramps, aprons, and fueling/service areas.

d. The washing of aircraft, equipment, or items such as fuel trucks, etc. is not permitted on the airport. This practice would result in oils, fuels, lubricants, etc. entering the storm water drain system.

e. Painting of aircraft, equipment, etc. is not permitted on the airport without first obtaining required federal, state, and city environmental permits.

Section 3 Fire Regulations

The following shall apply, except where either insurance requirements or applicable codes differ, in which case the latter shall prevail.

All persons using the Airport and its facilities shall exercise the utmost care and caution against fire and injury to persons and/or property.

a. No person shall fuel or drain fuel from any aircraft while the engine is running or while such aircraft is in a hangar or enclosed space. All fueling procedures shall be in strict compliance with NFPA 407 requirements.

b. No person shall use flammable or volatile liquids in cleaning aircraft engines, propellers, and other aircraft components unless such cleaning occurs in open air or in a facility designed for such use with proper ventilation and equipped with adequate and readily accessible fire extinguishers.

c. Each hangar shall have at a minimum two (2) 2A10BC approved fire extinguishers mounted on brackets on opposite walls next to hangar access door. All tenants or lessees are responsible to provide and maintain fire extinguishers.

d. No person shall store any material or piece of equipment in such a manner that it becomes a hazard. Gasoline, jet fuel, lubricating oil, or any other flammable substance shall be stored in accordance with applicable codes and regulations. No person shall store any lubricating oils on the Airport except in specified and labeled containers or receptacles.

e. All persons on the Airport shall keep all areas of the premises leased or used by them, clean and free of oil, grease, and other flammable materials. Hangar floors shall be kept clean, free from waste materials or other trash and rubbish. Any person operating or using any equipment on the Airport shall use extreme caution and care.

f. No person shall smoke or ignite any matches, flares, lighters, or other objects which produce an open flame anywhere within a hangar, shop building, or structure in which any aircraft is or may be stored, or in which any fuel, oil or flammable substance is stored, or within fifty (50) feet of any aircraft or any fueling facilities.

PART III VIOLATIONS

Any person may be promptly removed or ejected, either temporarily or permanently, from the Airport by the City and/or Airport Manager, depending on the seriousness of the violation, for security violations, failure to pay required fees, violation of these regulations and standards, violation of City ordinances and laws, Federal Aviation Regulation violations, or violations of all other rules and regulations set forth by the United States government; and, unless provided for elsewhere within this document, in addition, may be subject to any penalties otherwise provided by City ordinance or law, Federal Aviation Regulations, and all other rules and regulations of the United States government.

The City may hear and decide appeals from the persons so removed in accordance with this chapter. The City shall, in writing, within fourteen (14) days of any such removal or ejection, render to the person removed or ejected under this section, a letter to the last known mailing address delineating the specific violation of these regulations and standards which necessitated such removal. The City may hear appeals submitted by any person or persons so removed or ejected, within ten (10) days of their receipt of such letter from the City. Requests for appeals must be made in writing within those ten (10) days. The appeal shall be heard by the City Manager.

At that time, the City Manager may choose to override the appeal or reduce the amount of time of the ejection. A decision on the appeal will be rendered in writing within fifteen (15) days of hearing the appeal.

PART IV GOVERNMENT AGREEMENTS

Section 1 War or National Emergency

During time of war or national emergency, the City shall have the right to lease the Airport, and/or landing area, or any part thereof to the United States Government for military use, and, any license or authority granted under these rules and any lease and agreement executed pursuant hereto shall be subject to such government lease and the provisions of the government lease shall control insofar as they are inconsistent with the said operators agreement, lease or authority.

Section 2 Leases Subordinate to Government Lease

Any license, authority, lease or agreement entered into pursuant to these regulations and standards shall be subject and subordinate to the provisions of any existing or future agreement between the City and the United States, relative to the operation or the 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.

Section 3 Minority Business Enterprises

It is the policy of the City of Cedar City, Utah, to utilize Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) in all aspects of contracting. This commitment can be demonstrated by the efforts taken in the development of a MBE Plan and in correspondence within this organization stating such position. The plan will be made available upon request.

The City's goal for leasing operations at the Airport is:

MBE = 10%

WBE = 10%

PART V AIRPORT MASTER PLAN / AIRPORT LAYOUT PLAN

Section 1 FBO Approval Not Required

Subject to the requirements of applicable federal, state and local law, the City may, without the consent or approval of any FBO or other person licensed to do business or use part of the Airport, make changes in the Master and Layout Plans of the Airport and in its planning and policies in connection with the development of the Airport.

However, it is the City's intent to inform FBO(s) and other businesses, tenants, and users of proposed improvements and/or changes to the Airport Master and Layout Plans at the Cedar City Regional Airport and to request and consider any and all comments. A copy of the Airport Master and Layout Plans can be obtained through the Airport Manager or from the City Offices.

PART VI RESERVATION OF RIGHTS TO INDIVIDUAL USERS

Section 1 Explanation of Rights and Duties Imposed

Notwithstanding anything to the contrary contained herein, the following rights, privileges and duties are hereby conferred and imposed upon individual users of the Airport facilities including but not limited to individual pilots, aircraft owners and operators, tie-down and T-hangar renters.

a. All individual operators or users as defined herein shall meet and maintain all standards for licensing, maintenance, and repair of aircraft established by the Federal Aviation Regulations (FARs), Safety Bulletins, Advisory Circulars and all other Federal and State regulations and standards for licensing, maintenance, and repair of aircraft.

b. It shall be the duty of all individual users of the Airport to fully inform themselves of and to keep current on all Federal and State aviation regulations and standards and to completely and promptly comply herewith, and also regulations set forth by the City.

c. Nothing contained herein shall restrict or limit the right of aircraft owners, operators and pilots to perform preventive maintenance on their own aircraft which are allowed by the regulations and standards. However, all such repairs and maintenance shall be authorized and conducted strictly in accordance with Federal and State regulations, circulars, airworthiness directives, and requirements and such maintenance and repairs shall be conducted within the area designated for owner/operator maintenance or T-hangars leased by individual users of the Airport or by authorized repair facilities on the field.

d. All individual users shall comply with these regulations and standards regarding common use areas and will not allow any maintenance or repair activities or any part thereof to be conducted in said common areas and will comply with all safety and fire regulations in effect at the time.

e. Facilities on Airport property shall be utilized for aviation related activities only. Hangars/buildings are to be constrained to aircraft storage, maintenance and authorized ground support operational equipment that is determined by the type of aeronautical activity. Approval to deviate from non-aviation use to commercial/industrial use must be justified and granted by the Airport Board. Non-aviation use facilities are limited to facilities that do not have direct access to any ramp, taxiway or runway.

User must ensure there is adequate parking for the anticipated use. The size and number of stalls shall be according to the Cedar City Zoning Ordinance.

f. Nothing herein shall be construed as restricting the full use and enjoyment of Cedar City Regional Airport by all individual aircraft owners, operators, pilots, renters of the tie-down and T-hangars and all other individuals having a right to be users of the Airport.

g. User fees are established by City Ordinance and must be paid no later than the 15th of each month for all airport related activities occurring the previous month.

CHAPTER III

MINIMUM STANDARDS

Section 1 Special Events

Special events, such as, but not limited to, air shows, air races, skydiving, balloon operations or other similar events or activities requiring the general use of the Airport, other than activities specifically described and allowed herein, shall be held only after formal approval for same has been granted by the City and/or the Airport Manager.

The Airport Manager will be notified not less than forty-eight (48) hours in advance of any Fly-ins planned or promoted by FBOs/Individuals at the Airport. If the special event occurs during the hours of a scheduled air carrier service, notification to the Airport Manager must be submitted no less than ninety (90) days in advance to allow the Airport Administration to submit a change condition with the Transportation Security Administration. Said approval shall specify the areas of the Airport authorized for such special use, dates and such other terms and conditions as the City may require.

Section 2 Glider Operations

Glider operations shall be conducted in accordance with traffic patterns and safety procedures shall be followed, as approved by the City and/or the Airport Manager, and reviewed by the FAA.

Section 3 Business Activities

Subject to applicable orders, certificates or permits of the FAA, or its successors, Grant Agreements with FAA and the laws of the State of Utah, or unless covered under pre-existing agreement with the City, no person shall use the Airport or any portion thereof or any of its improvements or facilities for commercial, business or profit-making activities who has not first complied with these regulations and standards and obtained the consent and required approval and/or licenses for such activities from the City and entered into such written leases and sub-leases and other agreements prescribed by the City. Notwithstanding any other provision of these regulations and standards and any FBO/Operator lease agreement now or hereafter approved by the City, the requirements of the latter shall prevail, unless otherwise provided by FAA regulations.

Section 4 Action on Application

The City may deny any application or reject any bid or proposal as the case may be, if, as determined by the Airport Manager, in its opinion, it finds any one or more of the following:

a. The applicant for any reason does not meet the qualifications, standards and requirements established by these rules and regulations; or

b. The applicant's proposed operations or construction will create a safety hazard on the Airport; or

c. The granting of the application will require the City to spend funds, or to supply labor or materials in connection with the proposed operations to an extent which the City is unwilling to enter into such an arrangement;

or the operation will result in a financial loss to the City; or

d. There is no appropriate, adequate or available space or building on the

Airport to accommodate the proposed activity of the applicant at the time of the application unless the applicant proposed to construct such facilities; or

e. The proposed operation or Airport development or construction does not comply with the approved Airport Master Plan for the Airport; or

f. The development or use of the area requested by the applicant will result in depriving existing Operators of portions of the area in which they are operating; or 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 through problems in connection with aircraft traffic or service, or preventing free access to the Operator's area; or

g. Any party applying, or interested in the business, has supplied the City with any false information or has misrepresented any material fact in the application or in supporting documents; or has failed to make full disclosure on the application or in supporting documents; or

h. Any party applying, or interested in the business, has a record violating these regulations and standards, or the regulations and standards of any other Airport, or the Federal Aviation Regulations or any rules and regulations applicable to the airport; or

i. Any party applying, or interested in the business, has defaulted in the performance of any lease or any other agreement with the City; or

j. Any party applying, or interested in the business, has a credit report containing derogatory information which suggests said applicant does not appear to be a person of satisfactory business responsibility and reputation; or

k. The applicant does not appear to have or have access to the operating funds necessary to conduct the proposed operation; or

l. Any party applying or interested in the business has been convicted of any crime or violation of any City ordinance or state or federal law of such a nature that it indicates to the City that the applicant would not be a desirable operator on the Airport.

m. Nothing contained herein shall be construed to prohibit the City from denying, for any reason it deems sufficient, an application to do business on the Airport for the purpose of selling, furnishing or establishing non-aviation products and supplies or any service or business of a non-aeronautical nature, or the application by a person for an area on the Airport for the personal non-profit use of such person.

Section 5 Supporting Documents

All applicants shall submit the following supporting documents to the City, together with such other documents and information as may be requested by the City.

Applicants must grant the City the authority to conduct a Criminal History Records Check and a current Credit Report. A non-refundable initial application fee is required at time of application submission.

a. A current financial statement prepared or certified by an independent certified public accountant, and certified by the chief financial officer(s) of the intended business. The applicant may request that access to this information be protected from the public. Evaluation of the request will be subject to the statutes currently in effect. The Chair of the Airport Board and the Airport Manager will designate up to three additional individuals to review the information when an application is received.

Upon review of the financial statement, the evaluation committee may require additional information such as bank statements, Profit/Loss statements, etc.

b. A description of previous experience in Airport Service and a listing of key personnel to be assigned to the Cedar City Regional Airport with duties, responsibilities, and similar experience.

c. A written authorization for the FAA, and all Aviation or Aeronautic

Commissions, Administrators, or Departments of all States in which the applicant has engaged in aviation business to supply the City with all information in their files relating to the applicant of the operation. The applicant shall execute such forms, releases and discharges as may be requested by any of these agencies.

d. A written listing of the assets owned or being purchased which will be used in the business on the airport.

e. A current credit report covering all areas in which the applicant has done business during the past five (5) years. The applicant may request that access to this information be protected from the public. Evaluation of the request will be subject to the statutes currently in effect.

f. Most recent two (2) years of maintenance and flight records for all aircraft proposed to be used by the FBO.

g. A copy of all licenses/certificates held by any individual or business entity proposed to be part of the FBO.

h. The applicant must disclose any business entities they have participated in as an owner, agent, member, partner, incorporator, manager, managing partner, or in any other corporate capacity.

i. The Chair of the Airport Board and the Airport Manager will designate up to three additional individuals to review the information when an application is received.

j. All FBO(s) with their initial application shall furnish to the Airport

Board/City:

(1) Evidence of insurance in the form of a certificate of insurance in the following minimum amounts: Commercial General Liability $5,000,000 per occurrence; Personal liability $5,000,000 and a hold harmless clause in favor of the City, its officers and employees. Cedar City Corporation must be listed as Certificate Holder.

(2) A current address and telephone number.

Section 6 Airport Leases Non-Transferable

Except as otherwise provided in existing leases of the airport, no right, privilege, or approval to do business at the Airport, or any lease of any area of the Airport or a part thereof shall be assigned, sold or otherwise transferred or conveyed in whole or part without the prior express written consent of the City. No lease, or portion thereof, may be assigned or sub-let without prior approval of the City and all assignees or sub-leases as approved by the City shall comply with these regulations and standards. No City-owned facilities or hangars, or any portion thereof, may be assigned or sublet by the LESSEE by any means. The lease holder of any assigned or transferred lease shall pay the current raw land lease rate as adopted by Airport Board and City Council and amended from time to time.

City-owned facilities leased on the Airport where the LESSEE is identified as a business, must give thirty (30) days written notice of new ownership to Cedar City Corporation if the ownership of the business is being altered or sold.

Section 7 Rates

Rates charged by any operator at its leasehold for hangar space, T-hangar rentals, tie-downs, products and services shall not be excessive, discriminatory or otherwise unreasonable, and shall be filed with the City whenever subject to change.

CHAPTER IV

AIRPORT OPERATORS, LEASES AND CONCESSIONS

Section 1 Fixed Base Operator (FBO)

No person shall use the Airport as an FBO until such person has executed a lease agreement approved by the City establishing Airport space lease terms, rental amounts, insurance requirements and other terms and conditions required by the City;

has met the qualifications, standards and requirements of these regulations and standards; and has paid the required fees.

An FBO shall be a person/operator who carries on or conducts line services which shall include the supplying of fuel and other services. In order to qualify as an FBO at the Cedar City Regional Airport, the person/operator must provide;

(1) Jet and Aviation Fuel in accordance with NFPA 407 and ATA 103(as enforced by the airline quality control policies). Fueling vehicles/equipment will be in 100% fully operational status and in complete compliance with the above directives, or they will be stored at the FBO(s) fuel farm. Leaks of any magnitude will not be tolerated.

Leaking vehicles or fuel storage tanks will be repaired or drained immediately or subject to Fire Department citation, fine and immediate termination of fuel servicing capability. Any person operating fuel servicing equipment or any fuel handling equipment shall be qualified per 14 CFR Part 139 and that qualification shall be on file with the Airport Manager. Fuel attendants must participate in line service training programs to enhance fueling safety. Line services will be available at a minimum from daylight to dusk or accommodating the scheduled airline flight schedule, whichever covers the greater span of time. Linemen will be contactable by phone or radio (monitoring CTAF and Unicom) at all times during the above hours. Emergency call out services will be available twenty-four (24) hours seven (7) days per week. FBOs may negotiate services for major holidays with the Airport Manager.

(2) Aircraft Charter/Rental Service that shall require the FBO to have a minimum of one (1) serviceable and well maintained aircraft on the Cedar City Regional Airport at all times, one of which must have at least 4 seats and be IFR capable. The aircraft may be absent from the airport if they are rented, chartered, or in short term (less than three (3) weeks) maintenance. All other absences must have a substitute aircraft on the airport until the original aircraft can be returned to service. Aircraft will be fully insured for all commercial uses. Charter Service shall be provided so that the general public can contact and schedule charter flights with no more than twenty-four (24) hour notice. All Charter services shall be conducted under 14 CFR Part 135. It is mandatory that all charter enplanements be recorded and reported to the appropriate federal authorities as directed by the Airport Manager. A copy of licenses/certificates must be furnished to Airport Manager.

(3) Ground and Flight Instruction will be available to students to include Private Pilot, and Instrument ratings at a minimum. Aircraft will be made readily available by the FBO to accommodate these requirements. The aircraft will be fully operational. An Instructor will be available for not less than forty (40) hours per week at the Cedar City Airport. The schedule may be flexible to allow the Instructor to accomplish charter pilot duties or other aviation related duties. A copy of licenses/certificates must be furnished to Airport Manager.

(4) The FBO shall provide aircraft maintenance by an aircraft mechanic with inspection authority. The mechanic shall be: (i) available on the airport for a minimum of forty (40) hours per week; and (ii) must have a hangar suitable for the type aircraft typically requiring service at the airport and must possess the tools required to perform the maintenance expected from these aircraft. The mechanic shall be available on call for emergency response to aircraft incidents. A copy of licenses/certificates must be furnished to Airport Manager.

(5) At a minimum, the FBO must provide, Ground Power Unit service, de-icing capability, aircraft tow and disabled aircraft removal capability, a current inventory of charts and navigation aids, commonly expected pilot supplies, catering services, and full service amenities to…