HomeMy Public PortalAbout2011_12_13_R153 Airport Rules and RegulationsThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2011 -153
A RESOLUTION: ADOPTING REVISED RULES, REGI
STANDARDS FOR THE LEESBURG
WHEREAS, the Rules, Regulations and Minimum
Airport were first adopted November 27, 1974; and
WHEREAS, the revised Airport Rules, Regulations and
adopted March 8, 1978 and November 26, 1986; and
WHEREAS, it is necessary to update the Airport Rules,
Standards to insure compliance with the Federal Aviation
Commonwealth of Virginia Department of Aviation; and
: December 13, 2011
December 13, 2011
TIONS AND MINIMUM
ECUTIVE AIRPORT
for the Leesburg Municipal
imum Standards were later
and Minimum
and the
WHEREAS, the Federal Aviation Administration, and they Commonwealth of Virginia
Department of Aviation have reviewed the proposed revisions to Ithe Rules, Regulations, and
Minimum Standards for the airport now known as the Leesburg 4xecutive Airport; and
WHEREAS, the Deputy Town Manager /Acting Airport Director, and the Town
Attorney's Office recommend adoption of the proposed Rules, Regulations and Minimum
Standards; and
WHEREAS, the Airport Commission endorsed the proposed Airport Rules, Regulations,
and Minimum Standards at their regular meeting on November 3 � 2011; and
WHEREAS, the Leesburg Town Council must adopt the
Minimum Standards for the airport per the Town Code.
s, Regulations and
IPA
A RESOLUTION: ADOPTING REVISED RULES, REGt
STANDARDS FOR THE LEESBURG
THEREFORE, RESOLVED by the Council of the Town
Leesburg Executive Airport Rules, Regulations, and Minimum
PASSED this 13th day of December, 2011.
Town
S:
Clerk of C jcil
P:\Resolutions\Resolutions 2011 \1213 Adopting Airport Rules and Regulations.doc
TIONS AND MINIMUM
ECUTIVE AIRPORT
Leesburg in Virginia that the
are hereby adopted.
6 C.'Umstattd, Mayor
of Leesburg
of L
o
G I
LEESBUR G EXECUTIVE AMPOR T
R UL ES, REGULATIONS &
MWEVILTM STANDARDS
APPROVED BY TOWN COUNCIL: DeceMber 13, 2011
TABLE OF CONTENTS
CHAPTER ONE
GeneralProvisions ...................................................................... 1....... ..............................4
Purpose.............................................................................................. ..............................4
Introduction....................................................................................... ..............................4
Policy regarding the conduct of commercial aeronautical activities ....... ..............................4
Definitions................................................. ............................... ..... ...............................
5
MinimumStandards ............................................................................ ..............................8
AirportDirector ..........................................................................'........ ..............................8
SpecialEvents ............................................................................,....... ..............................8
PublicUse .......................................................................................... ..............................8
CommonUse Areas ............................................................................ ..............................9
Vehicular Traffic and Parking ............................................................. ..............................9
Advertisingand Signs ......................................................................... ..............................9
Acceptance of Minimum Standards by Use ..................................'........ ..............................9
Operators to Keep Minimum Standards Available ................................ .............................10
CHAPTER TWO
Aircraft Operation and Airport Traffic Rules and Regulations ....... .............................11
General........................................................ ............................... .............................11
Disabled and /or Derelict Aircraft .................. ............................... .............................11
GroundRules ..................................................................................... .............................12
Taxiing......................................................... .............................. .............................13
TrafficRules ...................................................................................... .............................14
FireRegulations ................................................................................. .............................14
Federal Sponsor Assurances ......................... ............................... .............................15
CHAPTER THREE
Airport Business Activities: Temporary Commercial Operating Permits, Leases, Licenses
andConcessions ............................................................................. .............................16
AirportBusiness Activities ................................................................. .............................16
Temporary Commercial Operating Permit ....................................;....... .............................16
Procedures................................................. ............................... ..... .............................17
Leases...................................................................................... 18
. .Applications for Lease ............................................................. 19
Virginia Department of Aviation Approval .......................................... .............................19
Licenses............................................................................................ .............................19
Action on Application for Leases, Licenses, Temporary Commercial Operating
Permits or Concession Permits ...............................................!....... .............................19
SupportingDocuments ............................................................... h....... .............................20
Airport License and Leases are Non - Transferable ............................... .............................23
Effecton Existing Leases ........................................................... a....... .............................23
2
FB /Tenant Approval no Required ............ ...............................
OperationArea ............................................................................... ............................... 23
Complaints..................................................................................... ............................... 24
Refuse........................................................................................... ............................... 24
Actsof God .................................................................................... ............................... 24
Penalties........................................................................................ ............................... 24
War or National Emergency ............................................................ ............................... 24
Leases Subordinate to Government Lease ........................................ ............................... 25
LeaseTermination .......................................................................... ............................... 25
Waiver of these Provisions .............................................................. ............................... 27
LeaseClauses ........................................................................a......... ............................... 27
CHAPTER FOUR
Minimum Standards for Aeronautical Activities ............................... ............................... 30
General Requirements ............................. ............................... 30
Contentof Standards ...................................................................... ............................... 30
MinimumStandards ....................................................................... ............................... 31
Insurance Requirements for all Activities ......................................... ............................... 31
FBOS: Fixed Base Operators .......................................................... ............................... 33
Commercial Aeronautical Operators ................................................ ............................... 35
Airframe and Power Plant Repair .................................................... ............................... 35
Avionics, or Instrument or Propeller Repair ..................................... ............................... 37
Aircraft Charter, Air Carriers, and Air Taxi ...................................... ............................... 38
AircraftSales ................................................................................. ............................... 39
AircraftRental ............................................................................... ............................... 40
FlightTraining ...................................................................... a......... ............................... 42
Specialized Commercial Aeronautical Activities ................................ .............................43
HangarRental ................................................................................ ............................... 45
Commercial Operators .............................. ..............................' ......... ............................... 46
Concessionaires...................................... ............................... a ......... ............................... 46
FlyingClubs .................................................................................. ............................... 46
CHAPTER FIVE
Minimum Standards for Facilities and Improvements ....................... ............................... 48
ReviewProcedures ........................................................................... .............................48
PavedAreas ................................................................................... ............................... 48
Grading, Drainage and Landscaping ....................................... ................. I...................... 50
Fuel Storage and Distribution .......................................................... ............................... 51
Hangars, Buildings and other Structures ... ..............................{ 52
......... ...............................
Chemicals and Hazardous Materials ............. . ......................... i........................................ 57
3
I.
CHAPTER ONE
GENERAL PROVISIONS
a. PURPOSE
i. The provisions in this document set forth
Minimum Standards for the management
and non - commercial aeronautical and otr
organizations at Leesburg Executive Airy
Regulations and Minimum Standards are
"Minimum Standards ".
b. INTRODUCTION
Prudent and proper administration requires that rc
established to ensure that aeronautical activity at 1
the public interest and provides protection from ii
operations. Minimum operation and design stand,
qualifications of participants, level and quality of
of those conducting aeronautical activities at the
requirement to impose standards on those proposi
aeronautical activities at a public airport provides
from irresponsible, unsafe or inadequate service.
Rules, Regulations and
d conduct of commercial
activities by individuals or
These Rules,
referred to as the
ations and standards be
Airport is conducted in
ponsible and unsafe
> ensure that acceptable
vice, and other conditions
)ort are established. The
to conduct commercial
to the public
The adoption and enforcement of these standards epsures that operators are
reasonably fit, willing and able to discharge both their service obligations to
their patrons and their economic obligations to the Fairport community and
thereby protect established commercial enterprises the aviation user and the
public.
The standards established for any particular commercial aeronautical activity
must be relevant to that activity, must be reasonable in scope, and will be
applied objectively and uniformly. Standards thus established and applied
promote economic stability by discouraging unqualified applicants and
fostering the level of services desired by the public' and the Leesburg
Executive Airport.
c. POLICY REGARDING THE CONDUCT OF COMMERCIAL
AERONAUTICAL ACTIVITIES
It is the policy of the Leesburg Executive Airport t� extend the opportunity to
engage in commercial aeronautical activities to an entity meeting its
published standards for that activity and subject to:availability of suitable
in
space at the Airport to conduct such activities. The Airport's Master Plan and
Development Program provide the basis for determining whether suitable
space is available.
d. DEFINITIONS
The definitions and rules of construction provided in Section 1 -2 of the Town
Code shall apply to these Minimum Standards. Additionally, the following words
and terms shall have the meaning indicated below; unless the context clearly
requires otherwise:
i. "Aircraft ": Aeronautical devices including, but not limited to
powered aircraft, gliders, kites, helicopters, gyrocopters, parachuting,
ground- effect machines and balloons.
ii. "Aircraft Maintenance ": The repair, 4djustment or inspection of
aircraft.
1. Major Repairs - Major alterations to the airframe, power plant,
propeller and accessories as defied in Part 43 of the Federal
Aviation Regulations.
2. Minor Repairs - Normal, routine annual inspection with
attendant maintenance, repair, calibration or adjustment or
repair of aircraft and their accessories.
iii. "Airport ": the Leesburg Executive Airport and all of the area,
buildings, facilities and improvements �tvithin the exterior boundaries
of such airport as it now exists or as it n' ay hereafter be extended or
enlarged.
iv. "Airport Director ": the officer appointed pursuant to Section 6 -20 of
the Town Code who is solely responsible for enforcement of the
provisions of this document. Any appeal of a decision of the Airport
Director is appropriately addressed to the Town Manager for review.
V. "Airport Commission ": an advisory
of the Town Code.
vi. "Building ": Includes the main portion
projections or extensions there from ar
thereto, and shall include garages, outs
carports, canopies, eaves and porches,
signs and landscaping shall not be incl,
created by Section 2 -223
each structure, all
any additions or changes
e platforms and docks,
Lving, ground cover, fences,
vii. "Entity ": A person, firm, corporation, partnership formed for the
purpose of conducting the proposed activity.
viii. "Equipment ": All machinery, together with the necessary supplies for
the upkeep and maintenance and all tools ar'd apparatus necessary to
the proper construction and completion of the work.
ix. "Exclusive Right ": A power, privilege, or
debarring another from enjoying or exercis
or right. An exclusive right may be conferr
agreement, by imposition of unreasonable
or by any other means. Such a right confer
by excluding others from enjoying or exert
rights would be an exclusive right.
ter right excluding or
a like power, privilege
either by express
zdards or requirements,
on one or more parties
ng a similar right or
Federal laws specifically prohibit granting an exclusive right to
conduct a commercial aeronautical activity On an Airport developed or
improved with Federal funds.
X. "FAA ": the Federal Aviation Admini
xi. "FAR ": Federal Aviation Regulations.
xii. "FBO ": Fixed Base Operator. Any airport-based business that
provides services as defined in the classes below. FBOs must lease
space at the airport. All FBOs must obtain an FBO license from the
Town and pay the applicable FBO license foes.
1. "Full Service Operator ": A class f FBO that provides a
variety of services to aircraft owner, pilots and passengers.
Full- service Operators must lease space at the airport.
2. "Commercial Aeronautical Operi
which is an individual or company f
activity at the airport which provide
community and utilizes the airport r
facilities on a regular basis. Commi
Operators must lease space at the ai
for ": A class of FBO
ngaged in commercial
> a service to the flying
.inway and surrounding
�rcial Aeronautical
3. "Commercial Operator ": A class of FBO which is an
individual or company engaged in commercial activity at the
airport related to aeronautical activi y, but which does not
utilize the runway or surrounding fa ilities on a regular basis.
A Commercial Operator must lease space at the airport.
4. "Concessionaire ": An airport-bas
individual or company engaged in
airport that is not related to aerona
restaurants, gift shops, parking fac
companies. All concessionaires rr
Co
3 business which is an
mmercial activity at the
ical activity such as:
ties and car rental
A lease space at the airport
and enter into a Concessionaire
xiii. "Improvements ": All buildings, stru
pavement, fencing, signs and landscal
placed on, under or above any leased
of a lessee. The Town must approve x
improvements for conformity with its
standards.
with the Town.
!s and facilities including
constructed, installed or
by or with the concurrence
and specifications for all
ding and construction
xiv. "Lease ": A contractual agreement between the Town and an entity
granting a concession or otherwise authorizing the conduct of certain
activities, which is in writing and enforceable by law.
xv. "Leesburg Maneuvering Area ": A sp cified area or "cutout" on the
Washington Aeronautical chart as depict ed by magenta boundaries.
xvi. "MSL" Mean Sea Level: "still water 1�vel" —the level of the sea
with motions such as wind waves averaged out — averaged over a
period of time such that changes in sea evel due to tides are "averaged
out ".
xvii. Notice to Airmen " NOTAM" system: (Time- critical aeronautical
information which is of either a temporary nature or not sufficiently
known in advance to permit publications on aeronautical charts or in
other operational publications receives immediate dissemination via
the National NOTAM system.
xviii. "Repair Facility ": A facility utilized r the repair of aircraft to
include airframes, power plants, propellers, radios, instruments, and
accessories. Such facility will require Federal Aviation Administration
certification and will be operated in accordance with pertinent Federal
Aviation Administration Regulations.
xix. "Sublease ": A lease granted by a lessee to another entity of all or part
of the property.
xx. "Temporary Commercial Operating Permit ": A permit issued by
the Town to conduct business at the Airport on a temporary basis.
xxi. "Town ": The Town of Leesburg and its Town Council (or designated
body or administrator).
xxii. "Tenant ": Any entity entering into a contractual relationship with the
Town for space to conduct its business.
xxiii. "Tie- Down ": A paved area suitable for parking and mooring of
aircraft wherein suitable tie -down points have been located.
7
xxiv. "IFR ": Instrument Flight Rules.
xxv. "VFR ": Visual Flight Rules.
xxvi. "VMC ": Visual Meteorological
xxvii. "DOAV ": Virginia Department of A
e. MINIMUM STANDARDS
All aeronautical activities at the Airport, all opera
the Airport and all business and other activities at
conducted in conformity with these Minimum Sta
rules, regulations, orders and rulings of the FAA
appropriate, which are made a part of these Minir
In the event of any conflict between these Minimi
rule, regulation or order of any governmental ages
exercising the same or similar jurisdiction, the lat
L AIRPORT DIRECTOR
The Airport Director is authorized to take all actio
handling, policing, protection and safeguarding of
the Airport, to regulate vehicular traffic at the Airl
airport operations consistent with these Minimum
and State Codes, including the power of arrest pro
the Code of Virginia of 1950, as amended.
g. SPECIAL EVENTS
1 and flying of aircraft at
Airport shall be
irds, and all pertinent
the DOAV, as
n Standards by reference.
Standards and any law,
cited in this section
shall prevail.
necessary for the
public while present at
t and to oversee all
mdards, and the Town
led in Section 5.1 -21.1 of
No special event, including but not limited to air slows, air races, fly -ins,
skydiving, Young Eagles flights, Discovery flightslor other similar events
requiring the general use of the Airport, other than normal or routine airport
traffic, shall be held unless a permit for same has been issued by the Town of
Leesburg. Said permit shall specify the areas of the Airport authorized for
such special use, dates, insurance requirements and such other terms and
conditions as the Airport Director may require.
h. PUBLIC USE
The Airport shall be open for public use at all hours of the day, subject to
regulations or restrictions due to weather, the conditions of the landing area,
the presentation of special events and like causes, as may be determined by
the Airport Director and revocation of the right of use, for violation of these
Minimum Standards as herein provided.
i. COMMON USE AREAS
All runways for landing and take -off, all runway, marker, guidance, signal and
beacon lights used to guide operating aircraft; all apparatus or equipment for
disseminating weather and wind information, for signaling, for radio -
directional finding or for radio or other electric 1 communication and any
other structure, equipment or mechanism havin a similar purpose for guiding
or controlling flight in the air or the landing and take -off of aircraft; and
together with such aprons, ramps, turnoffs, tran ient tie -down areas and
taxiways (unless otherwise noted) shall be considered common use areas
available for use, in common, by all persons flying or operating aircraft on the
Airport and shall be kept clear and available fo� aircraft traffic. No Full
Service Operator, Commercial Aeronautical Operator, or Commercial
m
Operator or other person shall use any como use areas for the permanent
parking, storing or repairing of aircraft or for any other purpose other than the
flying and operation of aircraft without the prior consent or authorization of
the Airport Director. Common use designations may be changed from time to
time by Airport Director in consultation with the Airport Commission. All
such changes shall be noted on the common use area map herein referred to.
The Town shall be advised of all such changes.',
j. VEHICULAR TRAFFIC AND PARKING
The traffic laws provided in Chapter 32 of the Town Code 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, no person shall take or drive any vehicle on the Airport,
other than on established streets, roads and vehicular parking facilities, unless
permissions has been first obtained from the Airport Director.
k. ADVERTISING AND SIGNS
No signs or other advertising shall be placed orl constructed upon the Airport,
or any building or structure or improvement th trg on without having first
obtained a permit for it from the Town of Lees and permission from the
Airport Director. The Airport Director shall re se permission for such signs if
he finds that such are undesirable, unnecessary or may create a safety hazard.
Additionally, signs shall be subject to applicable Town Ordinance as well as
these Minimum Standards.
1. ACCEPTANCE OF MINIMUM ST
The use of the Airport or any of its facilities in
assumption by the user of these Minimum Star
obligation on the part of the user to abide by at
Standards. Flight instructors shall have the dut;
with these Minimum Standards and shall be re
E
S BY USE
ny manner shall constitute an
ards and shall create an
l obey these Minimum
to fully acquaint their students
>onsible for the conduct of
students under their direction as will the airport
acquainting their employees and customers with
m. OPERATORS TO KEEP MINIMUM STAND
All persons licensed to do business on or conduc
on the Airport shall keep a current copy of these
office or place of business and make them availz
10
nts be responsible for
se Minimum Standards.
AVAILABLE
operations of any kind
iimum Standards in their
to all persons.
CHAPTER TWO
L AIRCRAFT OPERATION AND AIRPORT TRAFFIC RULES AND
REGULATIONS
a. GENERAL
i. Every person operating an aircraft shall ( comply with and operate such
aircraft in conformity with these Minimjum Standards, and all pertinent
rules, regulations, orders and rulings of�he FAA, DOAV and Virginia
Aviation Board and other appropriate g vernmental agencies.
ii. As an uncontrolled airport, all pilots of aircraft having radio equipment
permitting two -way communications shall contact the Airport Unicom
(122.975) to obtain airport advisory information when they are within
the airport traffic area. All aircraft within a five -mile radius of the
Airport should conform to these Minimum Standards.
iii. In the event any aircraft is wrecked or c
cannot be moved under its own power,
immediately notified. Subject to goverr
inspections of the wreckage, the owner
damaged aircraft, or the owner's agent c
soon as reasonably possible, obtain the
removal of the aircraft and shall promp
all landing areas, taxiways, ramps, tie -c
movement areas, and place or store whi
Director. No such wrecked or damaged
remain exposed to the general public of
hours after the site has been released b}
or regulatory authorities. In the event tl
any reason to remove promptly the wre
the Airport as may be requested by the
Director may cause the removal and stc
damaged aircraft at the expense of the
b. DISABLED AND /OR DERELICT Al
imaged to the extent that it
ze Airport Director shall be
nental investigations and
it pilot of the wrecked or
- legal representative shall, as
iecessary permission for
y remove such aircraft from
>wn areas and all other aircraft
-e designated by the Airport
fircraft shall be permitted to
the Airport for more than 24
all appropriate investigatory
owner of the aircraft fails for
ked or damaged aircraft from
airport Director, the Airport
-age of such wrecked or
rcraft owner.
Subject to compliance with appropriate iFAR, the aircraft owner shall
be responsible for the prompt removal of disabled and /or derelict
aircraft and parts of such aircraft at the {Airport as directed by the
Airport Director or his authorized representative. Such aircraft, and
any and all parts thereof, may be removed by the Director at the
owner's or operator's expense and without liability for damage which
may be incurred as a result of such removal.
11
ii. No Person shall park or store any aircraft in', non - flyable condition on
Airport property, including leased premises for a period in excess of
thirty (30) days, without written permission from the Director.
iii. No Person shall store or retain aircraft parts'i or components being held
as inventory anywhere on the Airport, other than in an enclosed,
authorized facility, or in a manner approved by the Director, in
writing.
iv. Whenever any aircraft is parked, stored or l ft in non - flyable condition
on the Airport in violation of the provisions of this Section, the Town
shall so notify the owner or operator thereo by certified and regular
mail, requiring removal of said aircraft within thirty (30) days of
receipt of such notice. If the owner or operator is unknown or cannot
be found, the Director shall conspicuously post and affix such notice to
the said aircraft, requiring removal of said aircraft within thirty (30)
days from date of posting. Upon failure of the owner or operator of
said aircraft to remove said aircraft within the period provided, the
Director shall cause the removal of such aircraft from the Airport and
the access gate card will be revoked. All costs incurred by the Airport
shall be recoverable against the owner or operator thereof.
c. GROUND RULES
i. No person shall park, store, tie down or leave any aircraft on any area
of the Airport other than that prescribed by the Airport Director.
ii. No aircraft shall be parked or stored at the Airport unless it is properly
tied down and secured. Aircraft owners are I,solely responsible for
parking and tying down their aircraft, including any special security
measures required by weather conditions or other conditions at the
Airport. Aircraft owners shall also be resp(
in a manner necessary to avoid damage to
the Airport in the event of winds or other s
all aircraft shall be held solely responsible
resulting from the failure of such owner or
comply with this standard. The Town's soli
otherwise provided by any lease agreemen
of the aircraft parking space, exclusive of t
surfaces. The Town will not guarantee gra;
aircraft tie - downs. Unless otherwise provic
agreement, the individual lease holders shz
maintaining (i.e. cutting grass, snow remol
isible for securing aircraft
ther aircraft or buildings at
vere weather. Owners of
or any damage or loss
he pilot of such aircraft to
obligation, unless
shall be the maintenance
-down ropes and grass
; areas to be suitable for
A for in the lease
1 be responsible for
rl, etc) their leased areas.
iii. A specific tie -down space shall be assigned by the Airport Director to
each aircraft renting on a monthly basis. Separate areas shall be
designated by the Airport Director for FBO aircraft and itinerant tie-
12
downs. No person shall take or use any aircraft anchoring or tie -down
facilities when such facilities are already in actual use by or leased to
another person.
iv. No repairs to engines or oil changes shad be made in tie -down spaces
or on any apron (except in designated a�ieas).
v. No aircraft engine shall be started on anaircraft unless a competent
operator is in control of the aircraft and brakes have been set or the
wheels have been set with blocks that are equipped with ropes or other
suitable means for removing such blocks.
vi. The engine shall be started, warmed up and run only in places
designated for such purposes by the Al ort Director. No aircraft
engine shall be run -up unless the aircrat is in such a position that the
propeller or jet blast clears all hangars, shops other buildings, persons,
other aircraft and automobiles or vehicl s in the area, and the flight
path of landing aircraft.
vii. Each entity shall be responsible for the �emoval of snow and ice from
all its leased area and areas in which it i1s authorized to operate, and
shall keep its leased areas in which it is authorized to operate free and
clear of all weeds, rocks, debris and other material which is unsightly
or could cause damage to aircraft, buildings, persons or vehicles as the
result of aircraft engine operation.
n. TAXIING
i. All aircraft shall be taxied at a low and reasonable speed and, if not
equipped with adequate brakes, shall bel, towed by a tractor.
ii. Aircraft awaiting take -off shall stop at designated hold lines off the
runway in use and in a position so as to have a direct view of aircraft
approaching for a landing and shall give full right -of -way to such
aircraft.
iii. No person shall taxi an aircraft until he has ascertained that there will
be no danger of collision with any person or object in the immediate
area by visual inspection of the area and, when available, through
information furnished by airport attendants.
iv. Aircraft on the taxiway must stop before entering the runway and
allow aircraft, which are exiting main runway at intersection or far end
to the runway to clear the runway. Aircraft clearing the runway after
landing have the right -of -way over aircraft on the taxiway preparing to
enter the runway.
13
o. TRAFFIC RULES
All operations of aircraft should be conducted in accordance with Title
14, Code of Federal Regulations (CFRs and SFARs) and the FAA
Aeronautical Information Manual, with the '',following local variations
noted:
ii. The Leesburg Executive Airport is in Washington, DC Special Flight
Rules Area (SFRA). As such, the FAA NO' AM must be followed for
arrivals and departures to the Leesburg Maneuvering Area.
iii. Runway 17 is designated as the `calm wind' runway and shall be used
whenever practical. When the winds are 3 knots or less, pilots should
prioritize the use of Runway 17 to accommodate noise - sensitive areas
to the north of the field.
iv. All aircraft operating in the traffic pattern should remain clear of the
Dulles Airport Class B airspace and maintain a pattern of left hand
turns.
v. All pilots shall make position reports in the pattern in consonance with
the AIM and should refrain from using locall landmarks EXCEPT for
the blue water towers. That position report', should be phrased as `blue
water towers three miles northeast' to assist transient pilots in the
pattern. In all circumstances, avoid using any other local landmark.
vi. Touch - and -go operations are permitted at such times as may be
designated by the Airport Director.
vii. All IFR approaches in VMC should be terminated before entering the
pattern area.
p. FIRE REGULATIONS
The following shall apply, except where either insurance requirements or
applicable codes differ, in which case the latter shWI prevail.
i. No aircraft shall be fueled or drained while'', its engine is running, or
while in a hangar or other enclosed place. Fueling shall be done in
such a manner and with such equipment that adequate connections for
grounding of electricity shall be continuously maintained during such
time.
ii. Any FBO or Commercial Aeronautical Operator providing fuel service
shall provide service to individual aircraft with trained personnel
employed by the FBO or Commercial Aeronautical Operator.
Individual aircraft operators shall not use FBO or Commercial
Aeronautical Operator equipment to fuel their own aircraft.
14
Equipment, operation and maintenance of fueling facilities shall be in
accordance with National Fire Protection Association guidelines and
recommendation as published in NFPA',10, 30, 70, 77, 385, 409, 415
& 418. FAA Advisory Circular 150/523 0 -3 Fire Prevention During
Aircraft Fueling Operations and 150/5204 Aircraft Fuel Storage,
Handling and Dispensing On Airports ake incorporated by reference.
iii. The cleaning of power plants or other parts of aircraft shall not be
carried on in any hangar, except with nOn- flammable substances. If
flammable liquids shall be employed for this purpose, the operation
shall be carried on in the open air.
iv. All persons using in any way the airport area or the facilities of the
Airport shall exercise the utmost care to guard against fire and injury
to persons or property.
v. All hangar and shop floors shall be kept clean and free from oil, gas
and other flammable substances. No volatile flammable solvent shall
be used for cleaning floors. No rags soiled with flammable substances
shall be kept or stored in any building On the Airport in such a manner
as to create any fire hazard.
vi. No person shall smoke or ignite any matches, flares, lighters or other
objects which produce an open flame within a hangar, shop, building
or structure in which any aircraft is or may be stored, or within 50 feet
of any aircraft or any fueling facilities.
q. FEDERAL SPONSOR ASSURANCES
i. Nothing contained in these Minimum Standards shall be interpreted in
any manner so as to violate any FAA/Sponsor Assurances for Airport
Improvement Program (AIP) grant funding.
ii. Nothing contained in these Minimum Standards shall be interpreted in
any manner so as to violate any DOAV, /Sponsor Assurances for airport
grant funding.
iii. Applicable sections of the PART V ASSURANCES- AIRPORT AND
PLANNING AGENCY SPONSORS shall be considered a part of
these Minimum Standards by reference.
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CHAPTER THREE
I. AIRPORT BUSINESS ACTIVITIES: TEMPORARY' COMMERCIAL
OPERATING PERMITS, LEASES, LICENSES AND CONCESSIONS
a. AIRPORT BUSINESS ACTIVITIES
Subject to applicable orders, certificates or permits of the FAA, or its
successor, grant agreements with the FAA and the laws of the Commonwealth
of Virginia, grant agreements with the Commonwealth of Virginia, acting by
and through the DOAV, no person shall use the Airport or any portion thereof
or any of its improvements or facilities for commercial, business or
aeronautical activities who has not first complied with these Minimum
Standards and obtained the consent and all required permits and licenses for
such activities from the Town and entered into such written leases and other
agreements prescribed by the Town or agreed upon by the Town and such
person. Notwithstanding any other provision of these Minimum Standards
where a conflict exists between these Minimum Standards and any lease
agreement now or hereafter approved by the Town, the requirements of the
latter shall prevail.
Applicants for leases, licenses, permits or concession agreements will specify
the activities for which they desire a lease, license, permit or concession
agreement. Any person or entity which has been issued a license or permit or
entered into a lease agreement or concession agreement, shall conduct only
those services granted by the lease, license, permit or agreement. Licenses and
permits must be renewed annually, and license fees and permit fees are due on
or before July 1 of each fiscal year. The terms of the lease agreement shall
govern the terms, fees and conditions of each lease' entered into between and
entity and the Town.
Any entity that conducts a commercial business at the Airport shall have a
business license issued by the Town. Additionally, any entity that conducts a
commercial business at the Airport shall have a Fixed Base Operator License
issued by the Town, or a Temporary Commercial Operating Permit issued by
the Town, prior to conducting any commercial business at the Airport.
b. TEMPORARY COMMERCIAL OPERATING PERMIT
A Temporary Commercial Operating Permit shall be obtained by any person
or company that wishes to conduct business on the Airport but which does not
lease space at the Airport. This category of permits applies to, but is not
limited to, food vendors and mechanics.
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i. PROCEDURES:
1. The Town may issue a Temporary Commercial Operating
Permit only upon receipt and approval of a signed application
from the commercial entity on a'form approved by the Airport
Director containing the following information:
2. Name of Entity, address, phone number, type of business, type
and description of vehicles to bel operated, if any, on Airport
property.
3. Name of principal(s) of the applying Entity.
4. Name, address and job title of the local manager, if different
from the principal(s).
5. Provide adequate insurance and a certificate of insurance,
naming the Town, its employees and agents as additional
insured.
ii. The submission of such application for a Temporary Commercial
Operating Permit shall constitute an express understanding and
agreement by such applicant that he /she shall:
1. Pay all Permit fees specified.
2. Covenant to obey and adhere to'all security requirements,
Rules, Regulations and Minimum Standards of the Airport now
existing or hereafter adopted.
3. Indemnify and hold harmless thv Airport and the Town, its
employees and agents from any claim whatsoever arising from
the applicant's business operations on Airport property.
4. Provide proof of a Town of Leesburg business license and
proof of insurance coverage not less than specified in
Appendix B.
iii. In the event a Temporary Commercial Operating Permit is approved
and there are subsequent changes in the facts or circumstances
reflected on the application, the Permittee is required to file a written
statement notifying the Director of the change within ten (10) calendar
days from the date such change occurs.
iv. Within thirty (30) calendar days after the application for a Temporary
Commercial Operating Permit has been submitted to the Town, the
17
application will either be approved or denied. In the event the
application is denied, the Director shall specify in writing the grounds
for denial on behalf of the Town. The applicant shall have the right to
appeal to the Town Manager in writing. The Town Manager shall
issue a written determination to the Applicant as soon as practicable.
The Town Manager may consult with the Airport Director and /or the
applicant, if the Town Manager so desires.
v. A Temporary Commercial Operating Permit may be revoked by the
Director for cause upon five (5) calendar day written notice to the
Permittee. Such notice shall be either hand - delivered or mailed by
certified mail and regular mail to the address stated on the application.
Such revocations are subject to an appeal to the Town Manager. The
Town Manager shall issue a written determination to the Applicant as
soon as practicable. The Town Manager may consult with the Airport
Director and /or the applicant, if the Town Manager so desires.
Causes for revocation include, but are not limited to:
1. Breach of any Agreement entered into with the Airport.
2. Failure to make timely payment of any fees, fines, or other
moneys due to the Airport.
3. Violation of any rule, regulation, security requirement, or
Minimum Standard of the Airport now existing or hereafter
adopted.
4. Any act or omission of the Permittee adversely affecting the
Airport operations or posing a danger to the public health,
safety, or welfare.
c. LEASES
Applications for leases of ground on the Airport, (riot to include tie -down
leases) or for permission to carry on any commercial, business or aeronautical
activity at the Airport, which do not fall within the terms of Section 15.2 -2100,
et seq., of the Code of Virginia, shall be made using Town forms. The Town
shall, as soon as practicable, refer such application to the Airport Commission
for review. The Airport Commission may, if it deems advisable, hold a public
hearing upon receipt of the application. The applicant shall submit all
information and material necessary or requested by the Airport Director to
establish to the satisfaction of the Town that the applicant can qualify and will
comply with these Minimum Standards. The application shall contain a
statement of the names of every party owning an interest in the business, those
18
who will be managing the business, the sole proprietor or every partner of the
partnership, or each director and officer of the corporation as the case may be,
and such application shall be signed by such persons who shall have authority
to do so under the laws of the Commonwealth of Virginia. The Town shall
take such action as it deems appropriate, which may include acceptance or
rejection, or denial or modification of such application. All lessees shall be
provided with emergency contact information in the event that an emergency
occurs outside of regular business hours.
d. APPLICATIONS FOR LEASE
All leases for ground and office space on the Airport are subject to the
Virginia Public Procurement Act set forth in Section 2.2 -4300 et seq., Code of
Virginia of 1950, as amended.
e. VIRGINIA DEPARTMENT OF AVIATIONf APPROVAL
All lease agreements on the Airport shall be reviewed and approved by the
Virginia Department of Aviation in accordance with Section 5.1 -40, et seq., of
the Code of Virginia of 1950, as amended.
f. LICENSES
All Fixed Based Operators must apply and obtain a Fixed Base Operator
( "FBO ") License from the Town in addition to s Business, Professional and
Occupational License ( "BPOL ") before operating at the Airport, using Town
supplied forms.
g. ACTION ON APPLICATION FOR LEASES, LICENSES,
TEMPORARY COMMERCIAL OPERATING PERMITS OR
CONCESSION PERMITS
The Town may deny any application or reject any bid or proposal as the case
may be, if, in its opinion, it finds any one or more of the following:
i. The applicant for any reason does not meet the qualification, standards
and requirements established by these Minimum Standards; or
ii. The applicant's proposed operations or construction will create a safety
hazard on the Airport; or
iii. The granting of the application will require the Town to spend Town
funds, or to supply labor or materials in connection with the proposed
operations to an extent which the Town is unwilling to enter into such
arrangement; or the operation will result in a financial loss to the
Town; or
iv. There is no appropriate, adequate or available space or building on the
19
Airport to accommodate the activity of the applicant at the time of the
applications; or
v. The proposed operation, airport development or construction does not
comply with the Master Plan of the Airport; or
vi. 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 FBO, commercial aeronautical operator or commercial
operator on the Airport through problems in connection with aircraft
traffic or service, or preventing free access to the operator's area; or
vii. Any party applying, or interested in the business, has supplied the
Airport Director with any false information or has misrepresented any
material fact in his application or in supporting documents; or has
failed to make full disclosure on his application or in supporting
documents; or
viii. Any party applying, or interested in the business, has defaulted in the
performance of any lease or other agreement with the Town; or
ix. Any party applying, or interested in the business, has a credit report
which contains derogatory information and does not appear to be a
person of satisfactory business responsibility and reputation; or
x. The applicant does not appear to have, or have access to the operating
funds necessary to conduct the proposed operation for a minimum
period of six months; or
xi. Any party applying or interested in the business has been convicted of
any crime or violation of any Town ordinance of such a nature that it
indicates to the Town that the applicant would not be a desirable
operator on the Airport.
Nothing contained herein shall be construed to prohibit the Town from
granting or denying, for any reason it deems sufficient, any 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 as approved by the DOAV.
h. SUPPORTING DOCUMENTS
i. Applicants shall furnish evidence of organizational and financial
capability to provide the proposed activities as may be requested by
the Town.
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ii. All applicants shall submit the following supporting documents to the
Town, together with such other documents and information as may be
requested by the Town:
1. A current financial statement prepared or certified by an
independent certified public accountant, and certified by the
chief financial officer(s) of the applicant, or by the proprietor.
2. A written listing of the assets owned or being purchased, which
will be used in the business on the Airport.
3. A current credit report covering all areas in which the applicant
has done business during the last ten years.
4. 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 Town with all information in their files relating to
the applicant or his operation. The applicant shall execute such
forms, releases and discharges as may be requested by any of
these agencies.
iii. No person may conduct commercial aeronautical activities at the
Airport until an agreement, license or permit, incorporating the
applicable standards set forth herein, is approved by the Town, which
may include establishing airport space lease terms, rental amounts and
other terms and conditions required by the Town; has met the
qualifications, standards and requirements of these Minimum
Standards; and has paid the required fees and received an business
license from the Town. Before any person is issued a Temporary
Commercial Operator's Permit, he shall pay to the Town the permit
fee, except that such fee may be waived for any government or
governmental agency or department or person performing non - profit
public services to the aircraft industry, or performing air search and
rescue operations, or performing fire prevention or fire fighting
operations.
iv. Each Full- Service Operator, Commercial Aeronautical Operator or
Commercial Operator (hereinafter referred to as "operator ") approved
shall enter into an agreement with the Town which includes an
agreement on the part of the operator to accept, be bound by, comply
with and conduct its business operations in accordance with these
Minimum Standards and to agree that the license and authority to carry
on business at the Airport shall be subject to the terms and conditions
set out in these Minimum Standards and the revocation or termination
thereof as herein provided.
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v. Unless otherwise provided in a lease agreement with the Town, the
operator shall, at its own expense, provide, construct, install, equip and
maintain all utilities, buildings, structures, ramps, tie -down areas, taxi-
ways, fences and all other facilities and improvements requested or
approved by the Town as being advisable and necessary for the
operator to carry on the activities or services authorized by the Town
and Airport Commission. Facility maintenance shall include
maintaining all grassed areas (i.e. cutting grass) and all snow removal.
The Town may, at its discretion, provide Town assistance in the
development of the operation area.
vi. The operator shall promptly pay, when due, all charges for water,
sewer, power, telephone service and all other utilities and services
supplied to his operation at the Airport; and all wages or salaries and
all rentals, fees and payments payable to the Town.
vii. Unless otherwise provided by the Town or Airport Commission, all
operations of the operator shall be conducted on an area of sufficient
size to accommodate all services for which the operator is licensed,
allowing for future growth and additional services as contemplated by
the Town of Leesburg, or the applicant, at the time of application, to
the extent, however, that space is available at the Airport. The operator
shall carry on its business operations strictly within the areas assigned
it by the Town or Airport Director and its operations shall not in any
way interfere with: operations of the other operator's; agencies or other
businesses operating on the Airport; the use of the Airport by the
general public; or any common use areas. The operator shall not use
any common use areas except as authorized by these Minimum
Standards or the Airport Director.
viii. For an operator to qualify for a license, it must have available
sufficient operating funds to conduct the proposed business for a
period of at least six (6) months.
ix. An operator shall cooperate with the Airport Commission and the
Airport Director in the operation, management and control of the
Airport and shall do all things reasonable to advance or promote the
Airport and aeronautical activities thereon and to develop the Airport
into an attractive, efficient and modern facility.
x. The operator agrees to indemnify, defend, and save the Town, its
authorized agents, officers, representatives and employees from and
against any and all actions, penalties, liability, claims, demands,
damages, or loss resulting from claims or court actions, whether civil,
criminal or in equity, and arising directly or indirectly out of acts of
omissions of the operator, its agents, employees, servants, guests, or
business visitors.
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xi. To guarantee performance of paragraph above, the operator shall
secure, at its expense, public liability and property damage insurance
on which the Town shall be named as an additional insured. Such
policies of insurance shall be maintained in full force and effect during
all terms of existing leases, agreements or business licenses or
renewals or extensions thereof. Such policies shall be in minimum
amounts, as specified herein in the Minimum Standards for each
category of aeronautical activity, and shall be placed with a reputable
company approved by the Town. Copies of all such policies of
insurance shall be delivered to the Airport Director and shall be held
for the benefit of the parties as their respective interests may appear.
The amounts of said insurance shall not be deemed a limitation on the
operator's liability to the Town and if the Town or any of its authorized
agents, officers, representatives or employees becomes liable for an
amount in excess of the insurance, the operator will save and hold
them harmless for the whole thereof.
i. AIRPORT LICENSE AND LEASES ARE NON- TRANSFERABLE
No right, privilege, permit or license 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 in part without the prior express written
consent of the Town. No lease, or portion thereof, may be assigned or sublet
without prior approval of the Town and all assignees or sub - leases as
approved by the Town shall comply with these Minimum Standards.
j. EFFECT ON EXISTING LEASES
Existing leases shall be required to uphold those standards on which their
original leases were contingent. The Airport Director shall attempt to amend
all existing leases within a reasonable time to ensure that these Minimum
Standards are adhered to by the tenant. All new leases, new lease agreements
and lease renewals entered into at the Airport after adoption of these
Minimum Standards shall be required to comply with these Minimum
Standards.
k. FBO / TENANT APPROVAL NOT REQUIRED
The Town 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
Plan of the Airport and its planning and policies in connection with the
development of the Airport.
1. OPERATION AREA
No person authorized to operate or conduct business activities at the Airport
shall do so on any area except those specified by the lease agreement, or
approved by the Airport Commission.
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m. COMPLAINTS
All complaints against any operator for violation of these Minimum Standards
shall be filed with the Airport Director and made in writing, signed by the
party submitting the complaint and specifying dates, times and witnesses, if
any. The Airport Director shall forward such correspondence to the Airport
Commission as soon as practicable.
n. REFUSE
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 (i.e. commercial dumpsters) and all operating areas
shall be kept in a safe, neat, clean and orderly manner at all times and in such
a manner as to minimize any hazards.
o. ACTS OF GOD
Nothing contained in these rules and regulations shall be constructed as
requiring the Town 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 circumstance beyond the control of the Town.
p. PENALTIES
In addition to any penalties otherwise provided by Town ordinance, law, the
Virginia Department of Aviation or the Federal Aviation Regulations, and all
other rules and regulations and the FAA, any person violating these Minimum
Standards may be promptly removed or ejected, either temporarily or
permanently, from the Airport by the Airport Director. The Town Manager
may hear and decide appeals from the persons so removed in accordance with
this chapter. The Airport Director shall, in writing, within seven days of any
such removal or ejection, render to the person removed or ejected under this
section, a letter to his last known mailing address delineating the specific
violation of these Minimum Standards which necessitated such removal. The
Town Manager shall hear appeals submitted by any person or persons so
removed or ejected after receipt of such letter from the Airport Director.
q. WAR OR NATIONAL EMERGENCY
During time of war or national emergency, the Town shall have the right to
lease the Airport, or the landing area, or any part thereof to the United States
Government for military or naval 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.
24
r. LEASES SUBORDINATE TO GOVERNMENT LEASE
Any license, authority, lease or agreement entered into pursuant to these
regulations shall be subject and subordinate to the provisions of any existing
or future agreement between the Town and the Commonwealth of Virginia or
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 conditioned
precedent to the expenditure of federal funds for the development of the
Airport.
s. LEASE TERMINATION
The Town may, at its discretion and with 30 days notice, terminate any lease
or other agreement authorizing the operator to conduct any services or
businesses at the Airport, which said termination shall automatically revoke
the operator's license, for any cause or reason provided in these rules and
regulations, or by the law, and in addition thereto, upon the happening of any
one or more of the following:
Filing of a petition voluntarily or involuntarily, for the adjudication of
the operator as bankrupt.
ii. The making by the operator of any general assignment for the benefit
of creditors.
iii. The abandonment or discontinuance of any permitted operation at the
Airport by the operator or the failure to conduct them on a full time
basis without the prior approval of the Town and the Airport
Commission.
iv. The failure of the operator to remedy any default or breach of
violations by it its personnel in keeping, observing, performing, and
complying with these Minimum Standards and the terms, covenants
and conditions in any lease or agreement entered into pursuant hereto
on the part of the operator to be performed, kept or preserved, within
30 days from the date written notice from the Airport Manager has
been mailed or delivered to the place of business of the FBO at the
Airport.
v. The failure to promptly pay to the Town, when due, all rents, charges,
fees and other payments which are payable to the Town by the
operator.
vi. The operator, or any partner, officer, director, employee or agent
thereof commits any of the following violations:
1. Violates any of these Minimum Standards; or
25
2. Engages in unsafe or abnormal or reckless practices in the
operation of an aircraft on or in the vicinity of the Airport,
which creates a hazard to the safety of other airport users, other
aircraft, or the general public, or endangers property, or which
could, if an emergency developed result in causing personal
injuries or death to a person or damage to property; or operates
the business of the operator in such a fashion as to create a
safety hazard on the Airport for other airport users, aircraft or
property at the Airport, the general public or the Airport, or any
pilots, students or passengers.
3. The discovery that the operator, through its application,
supporting documents, statements before the Airport
Commission or Town, has misrepresented, misstated, falsified,
or failed to make full disclosure of any information related to
its application for an operator license or lease agreement with
the Town.
vii. In the event of such termination, the operator shall forthwith peaceably
vacate the Airport and surrender possession of the premises to the
Town and cease all business operations at the Airport. Should the
operator fail to make such surrender, the Town shall have the right at
once and without further notice to the operator, to enter and take full
possession of the space occupied by the operator at the Airport by
force or otherwise, and with or without legal process to expel, oust and
remove any and all parties and any and all goods and chattels not
belonging to the Town that may be found within or upon the same at
the expense of the operator hereunder shall cease, and the operator
shall immediately vacate any space occupied by it under this
agreement or any lease or leases and shall make no claim of any kind
whatsoever against the Town, its agents or representatives by reason of
such termination or any act incident thereto.
viii. In addition to all other rights and remedies provided in these Minimum
Standards, the Town shall have any and all other rights and remedies
in law or in equity, including the equitable remedy of injunction, to
enforce these rules and regulations, to obtain compliance herewith and
to impose the penalties herein provided.
ix. To the extent necessary to protect the rights and interest of the Town
or to investigate compliance with the terms of these rules and
regulations, Airport Director or any authorized agent of the Town shall
have the right to inspect at all reasonable times all airport premises
together with all structures or improvements and all aircraft equipment
and all licenses and registrations.
x. Each operator shall be responsible for the removal of snow and ice
F.
from all its leased area and areas in which it is authorized to operate,
and shall keep its leased areas and areas in which it is authorized to
operate free and clear of all weeds, rocks, debris and other material
which is unsightly or could cause damage to aircraft, buildings,
persons or vehicles as the result of aircraft engine operation.
xi. The operator shall park and store the aircraft used in its operations and
its customers' aircraft on its assigned area only, unless arrangements
for such parking with another operator, or the Airport Director are
made.
t. WAIVER OF THESE PROVISIONS
The Town Council may in its discretion, waive all or any portion of these
Minimum Standards for the benefit of any government or governmental
agency performing non - profit public services to the aircraft industry, or
performing air search and rescue operations, or performing fire prevention or
fire fighting operations, but only to the extent permitted by the rules of the
FAA and the laws of the Commonwealth of Virginia.
u. LEASE CLAUSES
The following clauses will be included in all lease and concession agreements
authorizing commercial aeronautical activities at the Airport:
i. In addition to the premises specifically designated for its exclusive
use, this Agreement grants lessee the non- exclusive right to use the
airfield and associated operational areas in common with others so
authorized, which right shall be exercised in accordance with the laws
of the United States of America and the Commonwealth of Virginia,
the rules and regulations promulgated by their authority with reference
to aviation and air navigation, and all pertinent directives, rules and
regulations of the Town of Leesburg.
ii. Lessee shall keep and maintain at the Airport, or at such other place as
may be approved in writing by the Airport Director, true and accurate
books and records of its operations under the terms of any Agreement,
in a form satisfactory to the Commission. Such books and records as
well as certified financial statements, reports of any external audits
prepared for lessee and its income tax return shall be made available to
the Airport Director. Such books and records as well as certified
financial statements, reports and any external audits prepared for
lessee and its income tax return shall be made available to the Airport
Director or to the Town's independent auditors, at the Airport, for
inspection and copying at reasonable business hours during the term of
any Agreement and for two (2) years thereafter.
iii. Lessee shall furnish its services on a fair, reasonable, and non-
27
discriminatory basis to all its customers at the Airport and shall file a
rate schedule for services provided, with the Airport Director.
iv. Lessee shall maintain at its own expense all necessary permits and
licenses required in the conduct of its business at the Airport.
v. Lessee shall at all times retain qualified and competent personnel to
conduct its authorized activities and said personnel shall be authorized
to represent and act for lessee.
vi. Lessee shall observe and obey all laws, ordinances, rules and
regulations of the United States and of the Commonwealth of Virginia,
Loudoun County and the Town of Leesburg which may be applicable
to its operations at the Airport, and shall make no unlawful or
offensive use of the leased premises.
vii. Lessee shall bear all costs of its operation at the Airport and shall pay,
in addition to the concession fees and payments herein, all other costs
connected with the operation of said business including, but not
limited to, insurance and taxes. Lessee shall be responsible for
payment of such Town lease taxes as may be applicable.
viii. Lessee shall provide the Airport Director a schedule of the hours of
operation that lessee will be open to the public and the names and
telephone numbers of company officials who shall be available at all
hours of company's operations at the Airport to perform required
management functions.
ix. Lessee shall conform to all applicable safety, health, and sanitary
codes and agrees to cooperate with the Town in its Fire Prevention
efforts and to provide for the participation of its employees when Fire
Prevention and Emergency training is conducted by the Town of
Leesburg.
x. Lessee is and shall be deemed to be an independent contractor in the
conduct of its business and activities hereunder, and shall be
responsible for all persons for its acts of omission or commission and
the Town shall in no way be responsible therefore. In the use of the
Airport lessee shall indemnify and save harmless the Town of
Leesburg, its agents and employees, from any all liability that may
proximately result because of any negligence on the part of lessee's
officers, agents, or employees.
xi. Lessee shall not discriminate in any manner against any employee or
applicant for employment because of political or religious opinion or
affiliation, sex, race, creed, color or national origin; and further, lessee
shall include a similar clause in all subcontracts, except subcontractors
for standard commercial supplies or raw materials.
28
xii. Lessee shall notify the Airport Director if it intends to base, or
regularly service, any aircraft or service vehicles (i.e. fueling
tenders /trucks) whose weight exceeds the design strength of the
pavement utilized by the vehicle's operations. Notice shall be given at
least 60 days prior to the commencement of operations. The Airport
Director may require the lessee to make improvements necessary to
accommodate these larger wheel loadings.
xiii. Lessee shall cooperate and respond to questionnaires and inquiries by
the FAA, DOAV and Town.
xiv. Minority Business Enterprise Clauses - The following provision will
be included in all leases:
1. The lessee assures that it will undertake an affirmative action
program as required by 14 CFR '152, Subpart E, to insure that
no person shall on the grounds of race, creed, color, national
origin or sex be excluded from participating in any
employment activities covered in 14 CFR Part 152, Subpart E.
2. The lessee assures that no person shall be excluded on these
grounds from participating in or receiving the services or
benefits of any program or activity covered by this subpart.
3. The lessee assures that it will require that its covered sub
organizations provide assurances to them that they similarly
will undertake affirmative action programs and those they will
require assurances from their sub- organizations, as required by
that subpart.
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CHAPTER FOUR
I. MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES
These Minimum Standards have been developed to establish requirements for specific
services, which may be provided at Leesburg Executive Airport.
a. GENERAL REQUIREMENTS
i. The minimum space requirements stipulated herein may be wholly or
partially satisfied within suitable existing or planned structures at the
Airport either through a lease of such space from the Town or a
sublease of such space with the permission of the Town.
ii. Preliminary plans and specifications for construction of any
improvements required to satisfy these Minimum Standards shall be
approved in writing by the Commission and the Town prior to
formalization of a lease with the applicant.
iii. All persons required herein to possess FAA and Commonwealth of
Virginia licenses; certificates and ratings shall maintain the currency
of such licenses, certificates and ratings.
iv. With the exception of authorized repair facilities, lessees shall be
authorized to conduct routine minor maintenance on their own aircraft
only in buildings that meet applicable Minimum Standards detailed in
this document. Authorized Owner or Routine Maintenance for the
purpose of this paragraph is defined as maintenance that can be
performed with ordinary hand tools and which can be performed by an
owner not holding a FAA Airframe & Powerplant license in
accordance with FAR Part 43. Owners that hold a FAA Airframe and
Powerplant license may perform maintenance on their aircraft only if
sufficient areas exist and are designated for such maintenance by the
Airport Director.
v. The requirement to provide paved ramp tie -down facilities may be
waived by the Town if in its sole discretion they conclude that
construction of such facilities for the common use of operators would
better provide for the conduct of related operations.
vi. If constructing the facility, handicapped parking shall be provided as
required by local ordinance in addition to each individual activity
minimum - parking requirement.
b. CONTENT OF STANDARDS
Although a financial commitment is a prime concern in establishing standards
30
for a potential commercial operator, other elements are equally important and
are incorporated into the standards for commercial aeronautical activities.
These include:
i. Suitable space, improvements or facilities.
ii. Adequate fixtures and equipment.
iii. Adequate staff of employees with skills, licenses and certifications
appropriate to the proposed activities.
iv. Specified hours of operation.
v. Compliance with safety, health and sanitary codes.
vi. Evidence of financial stability and good credit.
vii. Minimum levels of insurance and liability coverage.
c. MINIMUM STANDARDS
xv. The following standards have been developed after consideration of
the above elements with special attention to their applicability at
Leesburg Executive Airport. The standards set forth are applicable to
the specific commercial aeronautical activity or combination of
activities addressed and must be met by any applicant desiring to
conduct such activities at the Airport.
xvi. The standards set forth herein are the minimum which the Town will
require in agreements authorizing commercial aeronautical activities,
and unless specifically limited, do not preclude the applicant from
seeking greater operating authority.
xvii. Nothing contained in these Minimum Standards is intended to
preclude the Town from requiring additional or different terms or
conditions for the conduct of a proposed commercial aeronautical
activity which may be reasonable or expedient in the opinion of the
Town.
d. INSURANCE REQUIREMENTS FOR ALL ACTIVITIES
All lessees shall procure and maintain as a minimum the insurance as
described below.
i. Comprehensive General Liability: including products and completed
operations: $1,000,000.00 combined single limit.
ii. Hangar Keepers Legal Liability (if applicable): $ 250,000.00 each
31
aircraft $500,000.00 each occurrence
iii. Aircraft Liability (if applicable): $2,000,000.00 combined single limit
including passengers
iv. Automobile Liability (if applicable): $2,000,000.00 each accident.
v. Workers Compensation: as required by law
vi. Employer's Liability (if applicable): $100,000.00 limits of liability.
The Town of Leesburg is to be included as an additional insured in A
(Comprehensive General Liability) and B (Hangars Keepers Legal
Liability) above with a 10 day notice of cancellation.
32
II. FBOS: FIXED BASE OPERATORS
a. FULL - SERVICE OPERATORS
An airport-based business that provides a variety of services to aircraft
owners, pilots and passengers. Full- Service Operators must lease space at the
airport.
i. MINIMUM STANDARDS
A. GROUND SPACE AND IMPROVEMENTS:
a. Lessee shall lease from the Town an area of land on
which shall exist or be erected a hangar -type building
(5,000 S.F. minimum) to provide: 1) sufficient hangar
space for airframe and power plant repair services
(1,000 S.F. minimum), and if contemplated, to include
a segregated painting area (500 S.F. minimum) meeting
local and State industrial code requirements; 2)
hangar(s) or additional space (5,000 S.F. minimum)
within the above mentioned hangar sufficient to store 2
aircraft; and 3) adequate office and customer facilities
with a minimum of 500 square feet with sufficient
accommodations for passengers and crew of transient
aircraft and visitors, to include heating and air
conditioning, sanitary restrooms and public telephone.
b. Lessee shall provide a paved aircraft apron (2,500 S.F.)
within the leased area to accommodate movement of
aircraft from its facility to the taxiway complex.
c. Lessee shall provide or lease above - ground fuel storage
tanks at the Airport which will maintain an adequate
supply of fuel of the grades required by the aviation
users at the Airport on -hand at all times. Above - ground
fuel storage tanks of at least 12,000- gallon storage
capacity shall be located in approved areas and fuel
delivered into aircraft by truck (fueler) by trained
personnel employed by the FBO providing the service.
Individual aircraft operators shall not use FBO
equipment to fuel aircraft. Any FBO providing fuel
service shall provide service to individual aircraft with
trained personnel employed by the FBO.
d. If constructing the facility, the lessee shall provide:
i. Adequate paved customer auto parking space
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(10 spaces minimum) and a paved walkway to
accommodate pedestrian access to its facility
ii. Employee spaces shall also be provided (one
space per employee shift).
e. Equipment, operation and maintenance of the fueling
facilities shall be in accordance with National Fire
Protection Association recommendations as published
in NFPA 10, 30, 70, 77, 385, 409, 415, & 418.
f. Equipment, operation and maintenance of the fueling
facilities shall be in accordance with applicable
Regulations for the Control and Abatement of Air
Pollution, the State Water Control Board, and the
Environmental Protection Agency Resource
Conservation and Recovery Act. Lessee shall be
responsible for compliance with all applicable
regulations including all reporting requirements.
ii. SCOPE OF SERVICE:
A. Lessee shall provide aviation fuel and oil dispensing service
during the required operating hours, if leasee provides fuel
dispensing services. Such services will be available to
customers upon arrival or request in a reasonable amount of
time.
B. Lessee shall provide minor repair and cabin services to all
types of aircraft using its facilities as can be performed
efficiently on the ramp or tie -down areas, as permitted by these
Minimum Standards. Such services will be available on a
continuous basis.
C. Lessee shall provide airframe and power plant service during
the required operating hours. Coverage may be reduced during
evenings and weekends upon the approval of the Airport
Director, provided a reasonable on -call capability is confirmed.
D. Lessee shall provide an employee to be in attendance in the
facility office at all times during the required operating hours.
E. Lessee shall provide, or lease with approval of the Town, and
will maintain mobile pumping equipment for each grade of fuel
dispensed with separate dispensing pumps and meters to
efficiently service all aircraft normally using its facilities.
Stationary fueling facilities located in approved fueling areas
may be used in lieu of or in addition to providing mobile
34
equipment; however, the lessee shall provide trained personnel
to deliver fuel into aircraft. Individual aircraft operators shall
not use FBO equipment to fuel their own aircraft.
F. Lessee shall provide suitable tractors, tow bars, jacks, dollies
and other equipment as might be necessary to remove the
largest type aircraft that normally would be expected to utilize
its service at the Airport, tools, tire repairing equipment,
energizers and starters, heaters, oxygen supplies, fire
extinguishers and passenger loading steps as appropriate and
necessary.
G. Lessee shall establish and publish its hours of operation.
Services shall be available, at a minimum, between the hours of
0800 and 1900 local time, five days a week and seven days a
week for fuel. Lessee shall also provide assistance in moving
aircraft into and out of its hangar (s) and provide fueling
services between the hours of 1900 and 0800 if requested in
advance by an aircraft operator.
b. COMMERCIAL AERONAUTICAL OPERATORS
An individual or company engaged in commercial activity at the airport which
provides a service to the flying community, engages in commercial
aeronautical activities and utilizes the airport runway and surrounding
facilities on a regular basis. The following list, while not exhaustive, is
examples of Commercial Aeronautical Operators and corresponding
Minimum Standards.
i. AIRFRAME AND POWER PLANT REPAIR
A. GENERAL:
An airframe and power plant repair facility operator is an entity
providing one or a combination of airframe and power plant
repair services. This category of commercial aeronautical
service may also include the sale of aircraft parts and
accessories.
B. MINIMUM STANDARDS:
a. GROUND SPACE AND IMPROVEMENTS:
i. Lessee shall lease from the Town an area of
land on which shall exist or be erected a hangar -
type building (5,000 S.F. minimum) to provide:
1) sufficient hangar space for airframe and
power plant repair services (1,000 S.F.
35
minimum), and if contemplated, to include a
segregated painting area (500 S.F. minimum)
meeting local and State industrial code
requirements; and 2) adequate floor space (500
S.F. minimum) for office, customer lounge and
restrooms which shall be properly heated, air
conditioned and lighted and provided with
telephone facilities for customer use.
ii. Lessee shall provide a paved aircraft apron
(2,500 S.F. minimum) within the leased area to
accommodate aircraft movement from its
facility to the other areas of the Airport.
iii. If constructing the facility, the lessee shall
provide:
1. Adequate paved customer auto parking
space (10 spaces minimum) and a paved
walkway to accommodate pedestrian
access to its facility
2. Employee spaces shall also be provided
(one space per employee shift).
C. SCOPE OF SERVICE:
a. Lessee shall provide sufficient uniformed, efficient and
trained personnel in such numbers as are required to
meet the Minimum Standards set forth in this category.
These persons will be currently certified by FAA with
current ratings appropriate to the work being
performed.
b. Lessee shall provide suitable tractors, tow bars, jacks,
dollies and other equipment as might be necessary to
remove the largest type aircraft that normally would be
expected to utilize its service at the Airport.
c. Lessee shall establish and publish its hours of
operation. Services shall be available, at a minimum,
between the hours of 0800 and 1630 local time, five
days a week.
36
c. AVIONICS, OR INSTRUMENT OR PROPELLER REPAIR
i. GENERAL:
An avionics, instrument or propeller repair facility operator is an entity
engaged in the business of and providing a facility for the repair of
aircraft radios or instruments, or propellers for aircraft. This category
includes the sale of aircraft parts and accessories of the type repaired.
A. MINIMUM STANDARDS:
a. GROUND SPACE AND IMPROVEMENTS:
Lessee shall lease from the Town an area of land
on which shall exist or be erected a hangar -type
building (2,500 S.F. minimum) to provide: 1)
sufficient floor space (1,000 S.F. minimum) for
avionics, instrument and propeller repair services
and 2) adequate floor space (500 S.F. minimum)
for office, shop, customer lounge and public
telephone all of which shall be properly heated,
air conditioned and lighted and provided with
telephone facilities for customer use.
ii. Lessee shall provide a paved aircraft apron (2,500
S.F. minimum) within the leased area to
accommodate movement of aircraft from its
facility to the other areas of the airport.
iii. If constructing the facility, the lessee shall
provide:
1. Adequate paved customer auto parking
space (10 spaces minimum) and a paved
walkway to accommodate pedestrian
access to its facility.
2. Employee spaces shall also be provided
(one space per employee shift.
B. SCOPE OF SERVICE:
a. Lessee shall have its premise open and services available
during operating hours negotiated between the Lessee and
the Airport Director so as to meet public demand for this
category of service.
b. Lessee shall provide sufficient uniformed, efficient and
37
trained personnel in such numbers as are required to meet
the Minimum Standards set forth in this category. These
persons will be currently certificated by FAA with
current ratings appropriate to the work being performed.
c. Lessee shall have an employee in the office at all times
during the established operating hours.
d. AIRCRAFT CHARTER, AIR CARRIERS, AND AIR TAXI
i. GENERAL:
An aircraft charter, air carrier, air taxi operator is an entity engaged in
the business of providing air transportation for persons or property to the
general public for hire, either on a commercial charter basis or as an air
taxi operator. This category includes helicopter services.
A. MINIMUM STANDARDS:
a. GROUND SPACE AND IMPROVEMENTS:
Lessee shall provide or lease from the Town an
office area of at least 250 square feet suitably
provided with heating, lighting, and air
conditioning, and with accommodations for an
office and public telephone. No separate
freestanding building housing the required office
space may be erected with less than 2,500 square
feet without written approval of the Town.
ii. Lessee shall provide or lease a paved tie -down
area or hangar space (2,500 S.F. minimum)
sufficient to store all aircraft utilized in its
operation, with paved access to taxiways. If
constructing the facility, the lessee shall provide:
1. Adequate paved customer auto parking
space (10 spaces minimum) and a paved
walkway to accommodate pedestrian
access to its facility.
2. Employee spaces shall also be provided
(one space per employee shift.
B. SCOPE OF SERVICE:
a. Lessee shall have available for charter and air taxi, either
owned or leased to lessee, at least one (1) four -place
38
single engine aircraft, and at least one (1) multi- engine
aircraft, all certificated and currently airworthy aircraft,
fully equipped for instrument flight conditions, to meet
public demand for its category of service.
b. Lessee shall have in its employ a sufficient number of
commercial or airline transport rated pilots, who are
currently qualified to operate the lessee's aircraft under
instrument flight conditions and are qualified under Part
135 of the Federal Regulations. Lessee may employ part-
time pilots, provided they are qualified as outlined above.
c. Lessee must present to the Airport Director prior to a
lease being granted a FAA approved Part 135 Operations
Manual and Training Manual. In addition the lessee must
show the Commission that its Director of Operations and
Director of Maintenance both meet the requirements of
FAR Part 135.
ii. Lessee shall have its premises open and services available during
operating hours negotiated between the Lessee and the Airport Director
so as to meet public demand for this category of service.
iii. Lessee shall have an employee in the facility office at all times during
the established operating hours.
e. AIRCRAFT SALES
i. GENERAL:
An aircraft sales facility operator is an entity engaged in the sale of new
or used aircraft through franchise or licensed dealership or distributor
(either on a retail or wholesale basis) of an aircraft manufacturer or
otherwise; and provides such repair, services and parts as necessary to
meet any guarantee or warranty on new or used aircraft sold by it.
A. MINIMUM STANDARDS:
a. GROUND SPACE IMPROVEMENTS
i. Lessee shall provide or lease from the Town an
office area of at least 250 square feet suitably
provided with heating and air conditioning and
with accommodations for an office and public
telephone. No separate freestanding building
housing the required office space shall be erected
with less than 2,500 square feet without written
approval of the Town.
39
ii. If runway access is desired, Lessee shall provide
or lease a paved tie -down area or hangar space
(2,500 S.F. minimum) sufficient to store all
aircraft used for sales, inventory or demonstration
with paved access to taxiways.
iii. If constructing the facility, the lessee shall
provide:
1. Adequate paved customer auto parking
space (10 spaces minimum) and a paved
walkway to accommodate pedestrian
access to its facility.
2. Employee spaces shall also be required
(one space per employee shift).
B. SCOPE OF SERVICE:
a. Lessee shall employ, or have available on call, a
sufficient number of pilots with instrument and instructor
ratings, who shall also be current in all models to be
demonstrated.
b. Lessee shall have its premises open and services available
during operating hours negotiated between the Lessee and
the Airport Director so as to meet public demand for this
category of service.
c. Lessee shall have an employee in the facility office at all
times during the established operating hours.
L AIRCRAFT RENTAL
i. GENERAL:
An aircraft rental facility operator is an entity engaged in the rental of
aircraft to the public.
A. MINIMUM STANDARDS:
a. GROUND SPACE AND IMPROVEMENTS:
i. Lessee shall provide or lease from the Town an
office area of at least 250 square feet, suitably
provided with heating and air conditioning and
with accommodations for an office and public
telephone. No separate freestanding building
.N
housing the required office space shall be erected
with less than 2,500 square feet without written
approval of the Town.
ii. Lessee shall provide or lease a paved tie -down
area or hangar space (2,500 S.F. minimum)
sufficient to store all aircraft utilized in its
operation with paved access to taxiways
iii. If constructing the facility, the lessee shall
provide:
iv. Adequate paved customer auto parking space (10
spaces minimum) and a paved walkway to
accommodate pedestrian access to its facility.
v. Employee spaces shall also be required (one space
per employee shift).
B. SCOPE OF SERVICE:
a. Lessee shall have available for rental either owned or
leased to lessee, at least four (4) four -place or larger
single- engine aircraft, all certificated and currently
airworthy.
b. Lessee shall have in its employ and on -duty during the
appropriate business hours, trained personnel in such
numbers as are required to meet the Minimum Standards
in an efficient manner, but never less than one (1) person
having a current commercial pilot certificate with
appropriate ratings, including a current flight instructor
rating, who shall be current in all models offered for
rental.
c. Lessee shall have its premises open and services available
during operating hours negotiated between the Lessee and
the Airport Director so as to meet public demand for this
category of service.
d. Lessee shall have an employee who is a trained
dispatcher capable of determining that each customer is
qualified in the aircraft to be rented and is qualified for
the existing on forecast weather conditions in the facility
office at all times during the established operating hours.
41
g. FLIGHT TRAINING
i. GENERAL:
A flight training facility operator is an entity engaged in flight training,
in fixed or rotary wing aircraft or flight simulators, and provides such
related ground school instruction as is necessarily preparatory to taking a
written examination and flight check for the category or categories or
pilot's licenses and ratings involved. Biannual flight reviews and
recurrent training is also included in this category.
A. MINIMUM STANDARDS:
a. GROUND SPACE AND IMPROVEMENTS:
i. Lessee shall provide or lease from the Town an
office area of at least 500 square feet suitably
provided with heating, lighting and air
conditioning with accommodations for customers
and visitors to include office, and public
telephone. In addition, adequate floor space (500
S.F. minimum) shall be provided for classrooms,
pilot briefing room and lounge. No separate
freestanding building housing the required office
space shall be erected with less than 2,500 square
feet without written approval of the Town.
ii. Lessee shall provide or lease a paved tie -down
area or hangar space (2,500 S.F. minimum)
sufficient to store all aircraft utilized in its
operation with paved access to taxiways.
b. If constructing the facility, the lessee shall provide:
i. Adequate paved customer auto parking space (10
spaces minimum) and a paved walkway to
accommodate pedestrian access to its facility.
ii. Employee spaces shall also required (one space
per employees shift).
B. SCOPE OF SERVICE;
a. Lessee shall have available for use in flight training,
either owned or leased to lessee, certificated and currently
airworthy aircraft, to include at least four single- engine
aircraft or one full motion (3 axis) simulator.
42
b. Lessee shall have in its employ sufficient flight and
ground instructors who have been properly certificated by
FAA to provide the type of training offered.
c. Lessee shall have its premises open and services available
during operating hours negotiated between the Lessee and
the Airport Director so as to meet public demand for this
category of service.
d. Lessee shall have an employee in the facility office at all
times during the established operating hours.
h. SPECIALIZED COMMERCIAL AERONAUTICAL ACTIVITIES
i. GENERAL
A specialized commercial aeronautical activity is an entity engaged in
providing air transportation and related services for hire for the activities
listed below:
A. Sightseeing flights.
B. Aerial photography or survey.
C. Fire fighting.
D. Power line, underground cable or pipe line patrol.
E. Aerial application of agricultural chemicals.
F. Air Freight Transport.
G. Specialized Aircraft Cleaning /Washing.
H. Other operations specifically excluded from Part 135 of Federal
Aviation Regulations.
ii. MINIMUM STANDARDS:
A. GROUND SPACE AND IMPROVEMENTS:
a. Lessee shall lease from the Town an office area of at least
250 square feet suitably provided with heating, lighting
and air conditioning, and with accommodations for
customers and visitors to include office, and public
telephone. No separate free standing building for housing
the required office space shall be erected with less than
2,500 square feet without written approval of the Town.
43
b. Lessees providing services involving crop dusting, aerial
application, or other commercial use of chemicals, shall
provide a centrally drained, paved area of sufficient area
(2,500 S.F. minimum) for aircraft loading, washing and
servicing. Lessee shall provide for the safe storage,
containment and disposal of noxious chemical materials.
Such storage facilities shall be in a location on the
Airport designated by the Airport Director, which will
provide the greatest safeguard to the public. Lessee shall
also be responsible for the safe, off - Airport disposal of
used containers in compliance with State and Federal
regulations.
c. Lessee shall provide or lease a paved tie -down area or
hangar space (1,000 S.F. minimum) sufficient to store all
aircraft utilized in its operations with paved access to
taxiways.
d. If constructing the facility, the lessee shall provide:
i. Adequate paved customer auto parking space
(five spaces minimum) and a paved walkway to
accommodate pedestrian access to its facility.
ii. Employee spaces shall also be provided (one
space per employee shift).
iii. SCOPE OF SERVICE:
A. Lessee shall provide and have based on its leasehold, either
owned or leased to lessee, at least one aircraft which will be
airworthy, meeting all FAA requirements and applicable
regulations of the Commonwealth of Virginia with respect to the
type of activity to be performed (if aircraft are used in the
conduct of that business).
B. Lessee shall have in its employ, and on duty during appropriate
business hours, trained personnel in such numbers as may be
required to meet the Minimum Standards, herein set forth, in an
efficient manner.
C. Lessee shall provide a point of contact either in person at the
Airport or by telephone during established operating hours for
the public desiring to utilize the lessee's services. Operating
hours to be established agreed upon by the tenant and the Airport
Director.
..
D. Lessees providing services involving crop dusting, aerial
application, or other commercial use of chemicals shall hold
certificates for the commercial application of chemicals issued
by appropriate State and Federal agencies and provide to the
Airport Director a plan for disposal of all chemical and
hazardous waste and wash water used in washing such aircraft.
i. HANGAR RENTAL
i. GENERAL:
An in this classification provides hangars for the storage of aircraft only.
A. MINIMUM STANDARDS:
a. GROUND SPACE AND IMPROVEMENTS:
b. Lessee shall lease from the Town an area of land on
which shall exist or be erected hangar type buildings
suitable for the storage of a minimum of ten (10) aircraft.
Hangars may include T- hangars, executive type hangars
for the storage of one aircraft, or capable of storing more
than one aircraft.
c. Lessee shall provide a paved aircraft apron within the
leased area to accommodate movement of aircraft from
its facility to the taxiway complex.
d. Lessee shall provide adequate paved customer auto
parking space (one space per aircraft stored) and a paved
walkway to accommodate pedestrian access to its facility.
Employee spaces shall be required (one space per
employee shift).
B. SCOPE OF SERVICE:
a. Lessee shall have in its employ, and on duty at the
Airport during appropriate business hours, a resident
manager for the hangar complex and sufficient
uniformed, efficient and trained personnel as are required
to assist owners in moving their aircraft into and out of its
hangars unless hangars are subleased.
b. Lessee shall provide suitable tractors, tow bars and other
equipment as might be necessary to move the aircraft
stored in its hangars unless hangars are subleased.
45
c. Lessee shall provide assistance in moving aircraft into
and out of its hangars, at a minimum, between the hours
of 0800 and 1900 local time, seven days a week. Lessee
shall also provide assistance between the hours 1900 and
0800 if requested in advance by an aircraft owner unless
hangars are subleased.
d. Lessee shall provide a point of contact either in person at
the office located on the Airport or by telephone during
established operating hours unless no office is
established.
j. COMMERCIAL OPERATORS
Commercial Operators (as defined in Chapter 1, Definitions) offer services that
do not require access to a runway and other airport facilities dedicated to
aviation. These activities are subject to all general Minimum Standards
contained herein. Minimum requirements for these activities shall be considered
on a case -by -case basis using the intent of these Minimum Standards. All other
applicable local, state and federal regulations pertaining to these types of
services shall govern in case of conflict with any of these Minimum Standards.
The Town shall determine final lease conditions. In all cases, commercial non -
aeronautical activities must, in some fashion, support the aviation community.
Commercial Operators who do not lease space at the Airport shall not operate at
the Airport without a Temporary Commercial Operator Permit.
k. CONCESSIONAIRES
Other non - aeronautical related activities including services such as
snack/sandwich deli's, restaurants, catering services, etc. are subject to all
general Minimum Standards contained herein. Minimum requirements for
activities not specifically identified shall be considered on a case -by -case basis
using the intent of these Minimum Standards. All other applicable local, state
and federal regulations pertaining to these types of services shall govern in case
of conflict with any of these Minimum Standards. The Town shall enter into a
Concessionaire Agreement with the Concessionaire and determine any
associated fees along with lease conditions. Concessionaires shall not operate at
the Airport without a Concessionaire Agreement.
1. FLYING CLUBS
In an effort to foster and promote flying for pleasure, develop skills in
aeronautics, including pilotage, navigation, and an awareness and appreciation
of aviation requirements and techniques Flying Clubs are permitted to operate
under the Rules, Regulations, and these Minimum Standards.
All flying clubs desiring to base their aircraft and operate on the Airport
must comply with the applicable provisions of the Rules, Regulations, and
..
these Minimum Standards. However, they shall be exempt from regular
fixed base operator requirements upon satisfactory fulfillment of the
conditions contained herein.
The club shall be a non - profit entity (Corporation, Association, or
Partnership) organized for the express purpose of providing its members
with an aircraft for their personal use and enjoyment only. The
ownership of the aircraft must be vested in the name of the flying club or
shall be owned ratably by all of its members. The property rights of the
members of the club shall be equal and no part of the net earnings of the
club will inure to the benefit of any member in any form (salaries,
bonuses, etc.). The club may not derive greater revenue from the use of
its aircraft than the amount necessary for the operations, maintenance,
and replacement of its aircraft.
ii. Flying clubs may not offer or conduct air charter, rental, or maintenance
(other than individual routine maintenance in designated areas). They
shall not conduct aircraft flight instruction and only members of the
flying club shall operate the aircraft. No flying club shall permit its
aircraft to be utilized for flight instruction except when instruction is
given by an employee of a lessee based on the airport that holds an FBO
license for flight training.
iii. All flying clubs and their members are prohibited from leasing or selling
any goods or services whatsoever to any person or firm other than a
member of such club at the airport except that said flying club may sell
or exchange its capital equipment.
iv. The flying club, with its permit request, shall furnish the Airport
Director a copy of its charter and by -laws, articles of association,
partnership agreement or other documentation supporting its existence; a
roster, or list of members including names of officers and directors, to be
revised on a semi - annual basis; evidence of insurance as required in
Chapter IV; number and type of aircraft; evidence that aircraft are
property certificated; evidence that ownership is vested in the club; and
operating rules of the club. The books and other records of the club shall
be available for review at any reasonable time by Airport Director or his
authorized agent.
v. The flying club shall abide by and comply with all Federal, State, and
Local laws, ordinances and regulations.
vi. Any flying club which violates any of the foregoing, or permits one or
more members to do so, will be required to terminate all operations in
accordance with the provisions of the Rules, Regulations, and these
Minimum Standards.
47
CHAPTER FIVE
I. MINIMUM STANDARDS FOR FACILITIES AND IMPROVEMENTS
a. REVIEW PROCEDURES:
i. 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 Town. In the event of any construction the Town may, at its
discretion, require an appropriate bond to guarantee the completion of
the construction in accordance with its approval. The Airport
Commission shall consider conformance to the Airport Master Plan prior
to the approval or denial of any construction or development at the
Airport.
ii. A site plan will be required to be submitted to the Town and
Commission for any proposed new facilities. All plans and construction
drawings for buildings, paved areas, and other facilities shall meet at
least the Minimum Standards set forth herein and shall be reviewed by
the Airport Commission and approved by the Town. Recommendation
by the Airport Commission shall precede submission to other regulatory
agencies. Final plans and specifications for any construction required or
proposed by an operator shall be submitted to the Airport Commission
for review and recommendation within 60 days from the insurance of the
operator's license, and construction shall commence within 60 days from
the Town's approval of the plans and specifications. In the event that a
phased construction program is provided in the lease agreement, the
agreement should specify completion dates for each phase. Submittals of
final plans and specifications to the Airport Commission for
recommendation and Town for approval shall follow the lease
agreement schedule. The deadlines provided in this paragraph may be
recommended by the Airport Commission and extended by the Town for
a good cause upon request by the operator.
iii. All facilities shall be in conformance with the adopted Airport Master
Plan. In addition to specific design standards for Leesburg Executive
Airport, all facilities are subject to the applicable standards and
regulations of the FAA, Commonwealth of Virginia, Loudoun County,
and the Town of Leesburg.
b. PAVED AREAS
i. AIRCRAFT PARKING AND MANEUVERING AREAS
1. Pavement sections are to be designed to accommodate aircraft
with wheel loadings of 30,000 lbs. single gear; or 70,000 lbs.
dual gear as specified on the Layout Plan. FAA accepted design
48
criteria should be used. In addition to aircraft wheel loadings,
pavements are to be designed to accommodate fuel trucks
servicing the aircraft. Computations supporting the pavement
design shall be submitted to the Town, DOAV and FAA for their
review and approval.
2. All aircraft pavements shall be constructed in accordance with
Advisory Circular 150/5300 -13 Airport Design using FAA
approved materials. Locally obtained materials may be used
where suitable and so authorized by the Town, DOAV and the
FAA.
3. Grades shall not exceed 1.5% or applicable FAA standard
whichever is governing. Grades in aircraft fueling areas shall be
no greater 1%.
4. All drainage structures shall be located within infield areas. In-
pavement drainage structures are discouraged and must be
approved for use by the Town when proposed.
5. All aircraft parking areas shall contain approved tie -down
installations. Method of tie -down shall be approved by the Town.
Parking positions and taxi lanes shall be clearly marked.
6. Aircraft parking areas shall be configured to allow ease of
ingress and egress. The minimum gross area required for based
aircraft push - in/power -out parking is 3,500 square feet for single -
engine aircraft and 4,500 square feet for twin - engine aircraft.
Transient aircraft parking areas require power - in/power -out
spaces with minimum gross areas of 5,650 square feet for twin -
engine aircraft. Ramp space for transient jet aircraft will vary
with the size of the design aircraft.
ii. AUTOMOBILE PARKING LOTS AND SERVICE DRIVES
1. All automobile parking lots and service drives shall be asphalt.
2. Pavement design shall consider the types of vehicles using the
lots /drives, the amount of traffic and subsoil conditions.
Computation using approved FAA or local requirements for
pavement design shall be submitted to the Town for approval. As
a minimum, vehicle pavement shall consist of a 2" bituminous
concrete surface over an 8" crushed stone base. The maximum
grade in any direction is 5 %, the minimum is I%.
3. Parking lots shall be configured to allow ease of ingress and
egress and parking spaces shall be clearly marked. Loading
zones, handicapped spaces, and fire lanes shall be marked
..
appropriately. Minimum parking space area per automobile shall
be based on Town standards.
c. GRADING, DRAINAGE AND LANDSCAPING
i. INFIELD AREAS
1. Unpaved areas within and adjacent to the runway /taxiway system
and other aircraft operating areas shall have grades adhering to
FAA recommendations for Basic Transport Airports.
2. All site plans shall comply with applicable state and local storm
water management requirements. As a minimum, infield areas
shall be designed to have a ponding (storage) capacity sufficient
to accumulate the runoff from a 10 -year design storm.
3. Grates and inlet structures shall be manufacturer certified to
support aircraft of the same weight as the adjacent pavement.
4. All drainage pipes shall be Reinforced Concrete Pipe (RCCP)
Class III or IV (CL. IV shall be used under all paved areas) as
specified in Virginia Department of Transportation Specification
232.02 regarding pipe wall thickness and pipe burial depth.
5. All drainage facilities shall be sized in accordance with FAA and
local requirements and procedures considering existing, proposed
and future site conditions. Computations supporting the drainage
designs shall be submitted to the Town for their review and
approval.
ii. GRADING
1. Grading operations will meet all applicable erosion and sediment
control regulations as required by the Town of Leesburg and
Loudoun County and other governing agency requirements.
d. LANDSCAPING
i. All graded areas will be fertilized, seeded and mulched with an approved
mixture of grasses. Seeds will be applied at rate to achieve a minimum
coverage of one (1) sprig per square centimeter.
ii. Non - aircraft areas shall be landscaped with grass, trees and shrubs.
Landscaping may be used for screening of facilities, providing shade in
parking areas and to produce a visually interesting complement to
buildings. Plant materials should be chosen for ease of maintenance,
disease resistance and suitability for local climatic conditions. All
plantings must be approved by the Airport Director for adherence to
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FAR Part 77 height restrictions.
iii. A landscape plan shall be part of every facility proposal.
e. AIRCRAFT WASH RACKS
Aircraft wash racks shall be equipped with oil /water separators and oil catch
tanks to prevent oil from being discharged into the storm water or sanitary
sewer system.
f. SECURITY AND LIGHTING
i. Fencing shall be provided between aircraft and non - aircraft areas to limit
pedestrian and vehicular interference with aircraft movements, and to
provide security for parked aircraft.
ii. Area lighting shall be provided for safety and operational needs at the
following minimum intensity levels:
Area Foot Candles'
Access Roads 1.0
Auto Parking Lots 2.0
Exterior of Terminal Building, offices and other required public spaces 4.0
Hangar areas Storage 1.0
Maintenance 2.0
Apron Areas 0.5
Fuel Farm 2.0
iii. All lighting fixtures shall be shielded from glare for aircraft on the
runway /taxiway system, helipads, or in the air.
iv. All electrical and telephone cable shall be underground. Conduits under
paved areas or planned pavement shall be concrete encased.
v. Lighting designs shall avoid violations to the FAR Part 77 height
restrictions. Any obstructions to FAR Part 77 surfaces shall be properly
marked and lighted.
g. FUEL STORAGE AND DISTRIBUTION
All fuel shall be stored in above - ground or above - ground tanks located
in designated approved areas within leased areas on the Airport.
Distribution of fuel into aircraft shall be via mobile pumping equipment
(fuelers) by trained persons employed by the FBO providing the service.
Individual aircraft operators shall not use FBO fueling equipment to fuel
their own aircraft.
' Measured at most remote point of areas involved (+ 200 feet) 36 inches above ground.
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ii. Tanks shall be corrosion resistant materials designed for the storage of
aviation fuels and meet criteria established by National Fire Protection
Association (NFPA) Standard No. 30, Flammable and Combustible
Liquids Code.
iii. Fueling equipment and procedures shall meet criteria set forth in NFPA
Standard No. 407, Aircraft Fuel Servicing and applicable
Commonwealth of Virginia Air Pollution Control Board regulations.
iv. Other National Fire Protection Association recommendations as
promoted through NFPA publications 10, 70, 77, 385, 409, 415 & 418
shall be enforced.
v. Equipment, operation and maintained of the fueling facilities shall be in
accordance with the Environmental Protection Agency Resource
Conservation and Recovery Act. Leases shall be responsible for full
compliance with these regulations including all notification and
reporting requirements to the state utilities control Board.
h. HANGARS, BUILDINGS AND OTHER STRUCTURES
i. CODES
1. All hangars, buildings and other structures shall conform to
building and safety codes applicable for the intended use. These
include (but are not necessarily limited to):
2. Building Officials and Code Administrators (BOCA) Building
Code
3. Commonwealth of Virginia (Uniform Statewide Building Code)
4. Town of Leesburg
5. Loudoun County
6. Federal Aviation Administration (FAA)
7. Occupational Safety and Health Administration (OSHA)
8. Access for the handicapped American National Standards
Institute (ANSI) A117.1 -1980 and Federal Guidelines for
Accessible Design 36 CFR Part 1190)
No office /mobile trailers shall satisfy these requirements except as
approved by Town for temporary facilities during construction of
permanent facilities.
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ii. LOCATION AND HEIGHT
The locations of lessee buildings shall be guided by the adopted
Airport Master Plan and standards established in FAA Advisory
Circular 150/5300 -48 and 150/5300 -12 for utility and Basic
Transport Airports - Group II. No structures may be of such a
height as to penetrate the runway or approach imaginary surfaces
specified by FAR Part 77.
2. Windows and large areas of glass shall be oriented to avoid
reflections, which could distract pilots landing or taking off.
iii. UTILITIES
1. Buildings, or portions of buildings, (such as lean -to structures
adjacent to hangars) used for offices, customer lounges, waiting
rooms or other public spaces shall be provided with heating, air
conditioning, lighting, sanitary restrooms, public telephone and
sprinkler system. Such buildings shall be separated by a firewall
meeting all applicable codes when adjacent to any hangar,
building or area in which aircraft are stored.
2. Buildings, or portions of buildings, used for maintenance shops
or aircraft repair, shall be provided with heating, lighting,
sanitary restrooms, telephone service and sprinkler system (if
required by applicable law).
3. Hangars 2,000 square feet or greater, not including T- hangars,
used for aircraft maintenance or aircraft storage, shall be
provided with electrical service, lighting, heating and sprinkler
system (if required by Code).
4. Hangars less than 2,000 square feet and T- hangars used for
aircraft storage shall be provided with electrical service, lighting,
smoke detectors and fire extinguishers.
5. All buildings requiring water service shall connect to the public
water system if available at time of construction. If public water
is not available, private wells approved by Town of Leesburg
shall be utilized. When public water service is made available, a
connection shall be made within one year after date of
availability.
6. All buildings requiring sanitary waste disposal shall connect to
the public sewer system if available at time of construction. If
public sanitary sewer is not available, individual septic systems,
approved by the Town of Leesburg, shall be utilized. When
public sanitary sewer is made available, a connection shall be
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made within one year after date of availability.
7. All new electrical and telephone service shall be underground.
iv. ACCESS
1. Pedestrian and vehicular access to buildings normally open to the
public shall avoid crossing aircraft operating areas.
2. Vehicular access to aircraft storage hangars shall minimize
crossing of aircraft operating areas. Automobile parking shall be
provided for aircraft storage hangars in locations, which do not
interfere with aircraft operations.
3. For hangars larger than 2,000 square feet a personnel door shall
be provided.
4. Hangar doors may be of either sliding or bi -fold type. However,
sliding doors may not be used in hangar configurations where the
open door of one hangar interferes with access to an adjacent
hangar.
v. MATERIALS AND FINISHES
1. The objective of the Commission is to insure that all new
construction is of high quality and utilizes materials and finishes
which will maintain their appearance with low maintenance. To
this end, the following guidelines have been developed.
2. Hangars and other buildings may be constructed with steel,
aluminum or masonry exteriors. All exterior metal surfaces shall
have a durable finish applied at the point of manufacture.
3. Exterior colors and textures should harmonize with other
buildings and structures. The Airport Director reserves the right
to disapprove exterior materials or finishes, which it feels would
detract from the overall visual impression of the Airport.
4. The Airport Director shall also approve interior materials,
finishes, fixtures and graphics, which are part of waiting rooms,
lounges or other public spaces.
5. Signs shall adhere to appropriate regulations of the Town of
Leesburg and be approved by the Airport Director. No signs,
logos or other graphics may be painted on the roofs of buildings,
nor may any illuminated signs be placed in locations where they
could distract pilots or interfere with airfield lighting.
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vi. AIRCRAFT MAINTENANCE IN STORAGE HANGARS
1. PERFORMANCE OF AIRCRAFT MAINTENANCE
Aircraft owners /lessees and their employees may make repairs
and perform maintenance on their own aircraft, not in violation
of Federal Aviation Administration Regulations, in Aircraft
Storage Hangars, subject to the Leesburg Executive Airport
Minimum Standards, the limitations contained in this document
and any restrictions on such activities as may be promulgated by
Franchise Holder lease agreements.
2. ASSEMBLY OF AMATEUR -BUILT EXPERIMENTAL
AIRCRAFT
Lessees of hangars operated by Franchise Holders may
accomplish assembly of an amateur -built experimental aircraft
project in his /her leased storage hangar. The aircraft builder must
maintain compliance with the Franchise Agreement, Hangar
Lease Agreement, the By -Laws of the hangar association if
applicable, the Leesburg Executive Airport Minimum Standards
and with the limitations contained in this document.
3. SPECIALIZED REPAIRS /MAINTENANCE
An aircraft owner /lessee requiring specialized
repairs /maintenance may employ a certified specialist for such
repair /maintenance activity to his /her own aircraft in an Aircraft
Storage Hangar provided the certified specialist is registered with
the Airport prior to performing repairs or maintenance as defined
herein, and provided that the certified specialist complies with
the Leesburg Executive Airport Minimum Standards and with
the limitations on maintenance activities specified in this
document.
4. LIMITATIONS ON MAINTENANCE ACTIVITIES IN
AIRCRAFT STORAGE HANGARS
a. Except for oil in containers, no flammable liquid or gases,
including but not limited to gasoline, dope, paint, thinner,
or solvent (other than fuel in aircraft fuel tanks), shall be
stored in any facility housing aircraft, except as is
necessary for use inside repair shops by approved Fixed
Base Operators or Certified Repair Stations. Storage of
such fluids shall be in NFPA, DOT or UL approved
containers or unopened original containers. A separate
building for such storage may be required for insurance
55
purposes.
b. Washing of aircraft with running water within the hangar
is prohibited.
c. No alterations will be made to a storage hangar structure.
d. Tenants of all Aircraft Storage Hangars will exercise
reasonable care to keep oil, grease, etc. off the floor.
e. Smoking in Aircraft Storage Hangars or surrounding area
is strictly prohibited.
f. Tenants shall conduct no commercial activity of any kind
whatsoever in, from or around Aircraft Storage Hangars.
g. Space or building heating systems or devices in any
Aircraft Storage Hangar shall only be approved systems
or devices as listed by the Underwriters Laboratories,
Inc., and shall be installed in the manner prescribed by
the Underwriters Laboratories, Inc., and approved by the
County of Loudoun Fire Marshal. Use of kerosene
heaters or any type of open flame heaters or apparatus is
prohibited in Aircraft Storage Hangars.
h. The proper and legal disposal of used oils, fluids, tires
etc. is the sole responsibility of the hangar tenant.
i. Hangar tenants shall not cause an electrical overload.
j. Aircraft Storage Hangars shall not be used for any
purpose that would constitute a nuisance or interfere in
any way with the use and occupancy of other buildings
and structures in the neighborhood of the leased premises.
k. No person shall operate any machinery or equipment
producing unshielded sparks in any Aircraft Storage
Hangar,
1. No aircraft or aircraft component shall be suspended or
lifted utilizing the Aircraft Storage Hangar's structure or
any component of the building. Lifting devices resting on
the floor but not attached to any portion of the hangar are
permitted.
m. Tools, equipment, and material that constitute a fire
hazard are prohibited in Aircraft Storage Hangars.
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n. No tools, machines, or maintenance fixtures may be
attached to any Aircraft Storage Hangar structure or floor
that would have a negative effect on the structural
integrity of the hangar.
o. Aircraft Storage Hangar occupants who desire to perform
aircraft assembly or maintenance in accordance with the
provisions of these Rules and Regulations shall maintain
an approved, minimum ten (10) pound, dry chemical fire
extinguisher suitable for use on Types "B" and "C" fires
with current inspection certificate from an approved fire
equipment company or the Fire Marshal.
vii. CHEMICALS AND HAZARDOUS MATERIALS
Operators utilizing chemicals or other hazardous materials shall
store these materials in tank containers and buildings meeting
State and /or Federal standards. The location of on- airport storage
areas will be determined by the Airport Director. Storage
facilities shall be designed to protect the public and the natural
environment from these materials. Any accidental spills or
leaking of materials shall be reported immediately to the Airport
Director and designated local, state or federal authorities.
2. No chemicals, fuels, lubricants or hazardous materials may be
discharged into the storm water or sanitary sewer systems. All
chemicals and used containers shall be disposed of by the lessee
off - airport and in compliance with applicable local, state, and
federal regulations.
3. Use of chemicals or hazardous materials is restricted to those
areas protected by oil /water separators.
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