12.01 Operations of Airport
12.03 General Provisions
12.04 Aeronautical Activities Standards
12.05 Airport Sign Standards
Operations of Airport
12.01.010 Name - Location - Control
12.01.020 Authority to Make Rules - Unlawful to Violate
SECTION 12.01.010 Name - Location - Control
The airport facility located 1341 North Highway 257, two (2) miles north of Milford City limits and owned by Milford City Corporation is hereby designated as the "Milford Municipal Airport, Ben and Judy Briscoe Field."
(Ord. Ordinance 2-2005 Airport Name Change, Amended, 04/20/2005)
SECTION 12.01.020 Authority to Make Rules - Unlawful to Violate
The airport manager, with the concurrence of the Milford City Council, is hereby authorized and directed to promulgate rules and regulations not in conflict with law, the Milford City Code or other City ordinances with reference to the use of the Milford Municipal Airport and the control and management thereof. It shall be unlawful for any person to violate any of the rules and regulations promulgated by the airport manager with reference to the Milford Municipal Airport.
SECTION 12.01.030 Definitions
As used herein, the following terms shall have the meanings indicated:
"Accident" means a collision between an aircraft or a vehicle, person, stationary object or other thing which results in property damage, personal injury or death; or an entry into or emergence from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person or which results in property damage.
"Aerobatic flying" means any intentional maneuver not necessary for navigation.
"Aeronautical activity" means any activity, whether or not conducted on the airport, which involves, makes possible, or is required for the operation of aircraft, or which contributes to, or is required for the safety of such operations, and shall include, but not be limited to, all activities commonly conducted on airports, such as charter operations, pilot training, aircraft rental and sight seeing, aerial photography, crop dusting, flying clubs, aerial advertising and surveying, air carrier operations, aircraft sales, aircraft service, aviation petroleum product sales, repair and maintenance or aircraft, sale of aircraft parts, sales aircraft accessories, sales and maintenance, radio sales and repair, navigation equipment sales and repair, and any other activity which, because of its direct relationship with the operation of aircraft, can properly be regarded as an aeronautical activity.
"Aircraft" means a device that is used or intended to be used for flight in the air.
"Airplane" means an engine-driven fixed wing aircraft heavier than air, that is supported in flight by the dynamic reaction of the air against the wings, or any helicopter.
"Airport" means all of the city owned or leased real or personal property comprising Milford Municipal Airport, as now exists or as may hereafter be expanded and developed which shall include all of its facilities.
"Airport Board" means the City Council of the City of Milford.
"Airport manager" means the duly appointed manager or the lessee of the Milford Municipal Airport.
"Air traffic" means aircraft in operation anywhere in the airspace and on that area of the airport normally used for the movement of aircraft.
"Aircraft operation" means an aircraft arrival at or departure from the airport.
"Aircraft parking and storage area" means the open areas of the airport set aside for aircraft parking and storage space for the parking and storage of aircraft, or areas for the servicing of aircraft with fuel, lubricants or other supplies, or for making minor or emergency repairs to aircraft, or for any and all such purposes.
"Commercial aeronautical activity" means any aeronautical activity, as defined herein, which is conducted for profit and personal or collective gain.
“Commercial Hangar Construction” means the requirement under which a commercial hangar is constructed.
"Council" means the municipal council of Milford City Corporation.
"Fixed base operator" means any person meeting the minimum standards for a commercial aeronautical activity established by this title and engaging in at least the following commercial aeronautical activities: Public aviation fuel sales; aircraft engine, airframe and accessory sales and service; flight training; aircraft charter and taxi service; and two (2) other commercial aero-nautical activities.
"Flying club" means an association or group of more than three (3) persons, organized as a nonprofit corporation under the laws of the State of Utah, or, as a duly authorized nonprofit unincorporated association, jointly owning or leasing aircraft where payment is made to the club for the operating time of such aircraft.
"Fuel handling" means the transportation, delivery, fueling and drainage of fuel or fuel waste products.
"Fuel storage area" means any portion of the airport designated temporarily or permanently by the airport manager as an area in which gasoline or any other type of fuel may be stored or loaded.
“Hangar Construction” means the requirements under which the hangar is constructed and the requirements.
"Master plan (aka Airport Layout Plan)" means the currently approved, scaled dimensional layout of the entire airport properties, indicating current and proposed usage for each identifiable segment as approved by the municipal council and amended from time to time.
"Motor vehicle" means a vehicle, which is self propelled.
"Noncommercial aeronautical activity" means any aeronautical activity, as defined herein, which is conducted by a person or organization incorporated under the laws of the State of Utah as a nonprofit corporation, as a duly organized nonprofit functioning incorporated association; and which is not conducted for personal or collective profit.
"Off-airport user" means a person owning or controlling one (1) or more aircraft stored, hangared, tied down, maintained or otherwise kept on property adjacent to the airport, and who requires access to the airport for use of said aircraft.
"Operational area" means any place on the airport not leased or dismissed to anyone for exclusive occupancy.
"Owner" means a person who holds legal title of an aircraft or vehicle, or in the event that the aircraft or vehicle is the subject of a conditional sale or lease thereof, the person entitled to possession.
"Permission or permit" means permission granted by the airport manager and/or municipal council pursuant to this title to engage in a specific aeronautical or other activity on the airport.
"Standards" means the qualifications established herein, as amended from time to time by the municipal council, setting forth the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the Milford Municipal Airport.
"Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from the airport.
"Vehicle parking area" means any portion of the airport designated and made available, temporarily or permanently, by the airport manager for the parking of vehicles.
12.03.010 Aeronautic Regulations - Compliance Required
12.03.020 Civil Aircraft - US License Required - Exceptions
12.03.030 Aircraft - US License Required
12.03.040 Fuel Flowage Fee
12.03.050 Rates and Fees
12.03.060 Height of Flight
12.03.080 Pilots - Commercial Flights
12.03.100 Landing Field
12.03.110 Tampering with Aircraft Without Permission of Owner
12.03.120 Tampering with Airport or Equipment
12.03.130 Accidents to be Reported
12.03.140 Removal of Aircraft
12.03.150 Refusal of Clearance
12.03.160 Airport Navigational Rules and Regulations
SECTION 12.03.010 Aeronautic Regulations - Compliance Required
It shall be unlawful for any aviator, or other person, to fail to comply with any of the rules and regulations adopted and promulgated by the Federal Aviation Administration, the Utah State Aeronautics Commission, and the airport manager. All said rules and regulations so adopted and promulgated are hereby adopted by reference and made a part hereof as fully as if the same and each of them were completely set forth herein.
SECTION 12.03.020 Civil Aircraft - US License Required - Exceptions
It shall be unlawful for any person to pilot within the city any civil aircraft unless such person is the holder of a currently effective pilot certificate of competency issued by the government of the United States, but this restriction shall not apply to any person operating any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
SECTION 12.03.030 Aircraft - US License Required
It shall be unlawful for any airman, or other person, to fly or otherwise navigate over, land upon, or fly any aircraft from the Milford Municipal Airport except aircraft which have been registered and licensed by the Federal Aviation Administration.
SECTION 12.03.040 Fuel Flowage Fee
1. There is hereby imposed by the City of Milford an aviation fuel flowage fee to be imposed for all aviation fuels delivered into an aircraft at the Milford Municipal Airport, or delivered by any fixed base operator located at the airport, whether delivered at the airport or elsewhere. Charges for the fuel flowage fee shall be set pursuant to Section 12.03.050, Milford City Code.
2. Copies of all delivery tickets and purchase invoices will be provided to the airport manager by the delivering agent or the purchaser monthly within thirty (30) days following the actual delivery at which time the flowage fee will be due and payable to the city. Any purchaser or delivery agent shall furnish within five days, upon request, copies of all other records necessary to conduct an audit to determine compliance with this requirement. The funds derived there from shall be utilized solely for upkeep and improvement of the Airport and for costs involved in the regulation and administration of all aeronautical activities located in Milford City. Said fee shall be accounted for in the budgets of the city and specifically allocated for the above defined activities.
3. The flowage fee shall be applicable for any fuels delivered into an aircraft at the airport either by a distributor or by the owner or operator of any airplane which is housed, serviced or landed at the airport.
4. Any violation of this section shall be a misdemeanor. Each day the offense occurs shall constitute a separate offense.
SECTION 12.03.050 Rates and Fees
All rates and fees including, but not limited to, tie down fees, fuel flowage fees, hangar rentals, and ground lease fees shall be set by resolution of the Municipal Council. Said resolution may be proposed by the City Council regarding appropriate rates for fees and services at the airport.
SECTION 12.03.060 Height of Flight
It shall be unlawful for any airman, or other person, to fly or otherwise navigate any aircraft over the city at a lower altitude than one thousand (1,000) feet above ground level, except in landing or taking off from the duly established and authorized airport located within the city, on the established landing pattern.
SECTION 12.03.070 Acrobatics
It shall be unlawful for any person to acrobatically fly an aircraft over any business, industrial or residential area of the city, or over any open-air assembly of persons within the corporate limits of Milford City except with the prior approval of the airport manager.
SECTION 12.03.080 Pilots - Commercial Flights
1. It shall be unlawful for any person to carry any passenger for hire or reward in any aircraft unless such person has been properly licensed as a transport pilot or is a commercial pilot, and it shall be unlawful for any person to use any aircraft in commercial flights which has not been licensed and inspected in accordance with air commerce regulations of the Federal Aviation Administration.
2. It shall be unlawful for any person who has not been licensed by the Federal Aviation Administration as a transport pilot or as a commercial pilot or as a private pilot not designated as student, to fly or carry any passenger except that student fliers may fly or carry instructor pilots.
SECTION 12.03.090 Exceptions
All officers and members of the United States Army, the United States Air Force, the United States Navy and officers and members of the National Guard, while engaged in the service of the United States and all aircraft owned and operated under the authority of the United States Army, United States Air Force, United State Navy, and National Guard, shall be subject to the provisions of this chapter except as to licensing of aircraft and airmen.
SECTION 12.03.100 Landing Field
It shall be unlawful for any person to set up or maintain within the limits of Milford City any landing field for aircraft without written permission first obtained from the Milford City Council.
SECTION 12.03.110 Tampering with Aircraft Without Permission of Owner
No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft, or use any aircraft, aircraft parts, instruments or tools without permission of the owner or by specific direction of the airport manager.
SECTION 12.03.120 Tampering with Airport or Equipment
No person shall interfere or tamper with any airport located within or under the jurisdiction of Milford City, or any landing fields, airway, heliports or the equipment thereof.
SECTION 12.03.130 Accidents to be Reported
Persons involved in aircraft accidents occurring on the airport shall make a full report thereof, including names and addresses, time, place and cause, and any inquiries occasioned thereby to the airport manager as soon after the accident as possible. When a written report of an accident is required by Federal Aviation Regulations, a copy of such report may be submitted to the airport manager in lieu of the report required above.
SECTION 12.03.140 Removal of Aircraft
Aircraft owners, their pilot or agent, shall be responsible for the prompt removal of disabled aircraft, and parts thereof, unless required, or as directed, by the airport manager or the Federal Aviation Administration, to delay such action pending an investigation of an accident. In the event of failure to promptly remove such disabled aircraft, the airport manager will cause the aircraft to be removed and bill the owners thereof for all charges incurred in the removal of same.
SECTION 12.03.150 Refusal of Clearance
The airport manager may delay or restrict any flight or other operations at the airport and may refuse takeoff clearance to any aircraft for any reason he believes justifiable to protect life, limb or property. The airport manager may also prohibit the use, in all or in part, of the airport, for any purpose, by an individual or group as may be needed to protect public health, safety or welfare.
SECTION 12.03.160 Airport Navigational Rules and Regulations
1. Federal Aviation Regulations, together with state and city regulations, are the guiding rules for all flying at the Milford Municipal Airport.
2. The airport manager will be the final authority in the interpretation of city rules.
3. Milford City and the airport manager assume no responsibility for damages or theft done to aircraft or other vehicles operated or parked at the Milford Airport.
4. The field is open to the flying public, day and night, weather permitting.
5. Tie downs are available and mandatory for both permanent and transient aircraft.
6. Cars must be kept off the ramp, taxiways and runways except for official vehicles on duty. Nonofficial vehicles may be driven to an aircraft for passenger/baggage loading and unloading. Drivers will proceed carefully through access gates and observe a speed limit of twenty (20) miles per hour while inside the fenced area. Upon completion of the passenger/baggage transfer, the vehicle will be driven to a designated parking area.
7. There shall be no maintenance for profit conducted on the ramp or in aircraft hangars. This is not meant to prohibit aircraft owners from performing routine caretaking functions such as oil changes, minor adjustments, washing, waxing and the like. However, repairs to aircraft requiring the expertise of a licensed airframe and/or power plant mechanic shall only be performed by those commercial operators licensed to so operate on the airport in their facilities.
8. Navigational and flight operations aids.
A. A UNICOM is operational during daylight hours daily except Sunday on a frequency of one hundred twenty-two and eight-tenths (122.8) MHZ. The active runway, wind direction and velocity, together with other necessary information may be obtained. Communication between pilots and the UNICOM operator is encouraged to ensure all aircraft operating in the vicinity of the airport are aware of each other's presence and of the current airport information.
B. A terminal VOR navigational aid is located on the airfield and operates twenty-four (24) hours per day on a frequency of one hundred twelve and one tenth (112.1) MHZ as well as ASOS.
C. A landing direction indicator identifies the runway most closely aligned with the wind. The wind sock, located in close proximity to the LDI indicates the approximate wind velocity. Should the LDI seem to be inoperative, check the wind sock and request further information through the UNICOM.
D. Runways 16 and 34 are lighted. During the hours of darkness, the lighting is activated by keying the microphone rapidly five (5) times on the UNICOM frequency (one hundred twenty-two and eight-tenths (122.8) MHZ). The lights will remain illuminated for approximately fifteen (15) minutes. Should they go off, immediately key the mike again to reestablish the circuit. Check the LDI to determine the runway most aligned with the wind direction or the ASOS 135.025.
E. Visual Approach Slope Indicators are installed on runways 13/31 and 18/36. These can be activated at any time by keying the microphone rapidly five (5) times on the UNICOM frequency. The VASIs will remain on for approximately fifteen (15) minutes.
F. An Automated Surface Observation Station (ASOS) is operational twenty-four (24) hours per day and can be accessed on VHF frequency one hundred thirty-five and zero two five (135.025) or by telephone (435) 387-5201.
G. Left traffic patterns prevail at the Milford Airport. Pilots should monitor the UNICOM frequency, broadcast location and intentions, and report on the downwind leg, touch and go or missed approach.
H. Visual traffic pattern procedures, as recommended by the Federal Aviation Administration Advisory Circular 90-66, are as outlined below:
1. Enter pattern in level flight on downwing leg, abeam the mid point of the runway, at pattern altitude (one thousand (1,000) feet AGL).
2. Maintain pattern altitude until abeam approach end of the landing runway. Base leg should be perpendicular to the landing runway.
3. Complete turn to final at least one-quarter (1/4) mile from runway.
4. For low approach continue straight ahead until beyond departure end of runway.
5. If remaining in the traffic pattern, commence turn to crosswind leg beyond the departure end of the runway, within three hundred (300) feet of the pattern altitude.
6. If departing the traffic pattern, continue straight out, or exit with a forty-five-degree left turn beyond the departure end of the runway, after reaching left hand pattern altitude.
7. Instrument approach procedures, as recommended by the Federal Aviation Administration, are as outlined below:
a. When weather is below basic VFR minimums Salt Lake Air Traffic Control shall retain communication on their frequency since it is their responsibility to control separation under such conditions.
b. When weather is at or above basis VFR minimums, pilots of aircraft flying practice instrument approaches in VFR conditions (VOR or ILS) at the Milford Municipal Airport will adhere to the following procedures:
1. Obtain clearance for the approach from Salt Lake City Approach Control (one hundred eighteen and eighty-five-hundredths (118.85 MHZ). Approach Control will normally release aircraft to Milford Unicom (one hundred twenty-two and eight-tenths (122.8) MHZ) at about ten (10) NM from runway.
2. Monitor Milford Unicom through-out the approach to ascertain the positions and intentions of visual traffic in the standard left-hand pattern.
3. Pilots of instrument approach aircraft will announce their arrival at each of the following points:
a. As soon as released by approach control at about ten (10) NM from end of runway.
b. At the final approach fix in-bound (LALEE intersections on the ILS approach; or OREMS intersection on the VOR-A and VOR DME approach).
c. Visually, approximately two (2) NM from end of runway. At this point, they will state their intentions, i.e., full stop landing, touch and go, or low approach.
4. When instrument approach aircraft reach position #3 above, [(11)(b)(iii)(3)] all traffic in the visual traffic pattern will adjust so as to give way to the instrument approach aircraft.
5. The instrument approach aircraft may continue to landing, touch and go, or low approach as desired.
6. Instrument approach aircraft will be expected to fly the published missed approach procedure or enter the normal visual traffic pattern following a low approach. Touch and go traffic must either depart the airfield normally or enter the normal visual traffic pattern.
I. The Milford Municipal Airport is an uncontrolled facility. Therefore, at all times, pilots must adhere to the "see and be seen" concept.
J. Student training is in progress daily. Taxi slowly and obtain active runway information through the UNICOM or visual observation of the LDI or aircraft in the traffic pattern. Prior to taxiing on to the active runway for takeoff, look for landing traffic. Landing traffic has the right-of-way.
K. Takeoffs beginning at runway inter-sections are prohibited.
L. When enplaning or deplaning, pilots will shut down all engines to ensure the safety of people around the aircraft.
M. Pilots are encouraged to check the weather and file a flight plan for cross country flights. Be sure to close the flight plan upon landing. For convenience, all FBOs have direct lines to the flight service. When the FBOs are not operating, the night service telephone number will be found in the outside telephone booth.
N. Runway "16" is hereby designated as the "Calm wind" runway at the Milford Municipal Airport. During the calm wind conditions, all normal traffic will use Runway "16."
O. Violations to the above rules should be reported to the airport manager.
Aeronautical Activities Standards
12.04.010 Airport Use - Permits and Licenses
12.04.030 Action by City Council
12.04.040 Action by Mayor
12.04.050 Standard Requirements for All Aeronautical Activity
12.04.060 Standards for Specific Activities
12.04.070 Fuel Servicing Standards
12.04.080 Restricted Activities - Exceptions and Conditions
SECTION 12.04.010 Airport Use - Permits and Licenses
No person shall be permitted to use any land within the Milford Municipal Airport unless a valid contract or agreement has been executed with Milford City and said land is used in conformance with all laws, regulations, and standards herein and elsewhere established for said use. No person shall be granted an exclusive right to conduct any aeronautical activity upon the airport. Further-more, no person shall be permitted to use any land or conduct any aeronautical activity or the solicitation of business in connection therewith unless such aeronautical activity is conducted in accordance with the standards herein established and is based upon the issuance of the proper permits or licenses.
SECTION 12.04.020 Applications
1. Applications for leases of ground and/or facilities on the airport, or for permission to carry on any commercial or noncommercial aeronautical activity on the airport, shall be made to the airport manager not later than one week prior to the next scheduled city council meeting. The airport manager shall thereafter present the application to the Milford City Council. The application shall be signed and submitted by a party owning an interest in the business, or the individual who will be managing the business, or partner of a partnership or a director or an officer of a corporation.
2. The city council will not accept or take action on a license request for any commercial or noncommercial activity until after the applicant, in writing, submits a proposal which sets forth the scope of operation proposed, including the following:
A. The name and address of the applicant.
B. The proposed land use, facility and/or activity sought including layout of buildings, appurtenances, and spaces to be occupied.
C. An organizational chart showing employees names, duty status, and job qualifications.
D. Proof of sufficient available operating resources to sustain the operation for a reasonable length of time. Operating resources shall not include prospective profits from the operation.
E. Names and financial statement of any proposed guarantors.
F. Pro forma operating statement for first year.
G. A statement of tools, equipment, services and inventory, if any, proposed to be furnished in connection with such activity.
H. The requested or proposed date for commencement of the activity and the term of conducting the same.
I. The estimated cost of any structure or facility to be furnished, the proposed specifications for the same, and the means or method of financing such.
J. The specific types and amounts of insurance proposed in accordance with minimum requirements for the activity.
K. Proposed operational hours.
3. If requested by the board the applicant shall submit the following supportive documents to the city council, together with such other documents and information as may be requested by the city council:
A. A current financial statement;
B. A written listing of the assets owned or being purchased which will be used in the aeronautical activity;
C. A current credit report; and
D. A written authorization for the F.A.A. and the C.A.B. and all aviation or aeronautic commissions, administrators or departments of all states in which the applicant has engaged in aeronautical activities to supply the board 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.
4. At the discretion of the city council, all other persons then conducting aeronautical activities on the airport who, in the opinion of the board, would be directly affected by the granting of the application in question may also be notified of the filing of such application and the time and place of the board meeting to consider the same.
SECTION 12.04.030 Action by City Council
The city council shall consider the application within a reasonable time and shall thereafter make a recommendation to the mayor, recommending approval of the application, recommending approval of the application subject to reasonable conditions, or recommending denial of the application for one or more of the following reasons:
1. The applicant for any reason does not meet the qualifications, standards and requirements established by this chapter.
2. The applicant's proposed operations or construction will create a safety hazard on the airport.
3. The granting of the application will require expenditure of city funds, or use of city labor or materials in connection with the proposed operations to an extent which or at a time when the city is unwilling to enter into such arrangement; or the operation will result in a financial loss to the city.
4. There is no appropriate, adequate or available space or building on the airport to accommodate the entire activity of the applicant at the time of the application.
5. The proposed operation or airport development or construction does not comply with the master plan of the airport.
6. The development or use of the area requested by the applicant will result in depriving existing fixed base operators of portions of the area in which they are operating; or will result in a congestion of aircraft or buildings; or will unduly interfere with the operations of any present fixed base operator on the airport through problems in connection with the aircraft traffic or service, or preventing free access to the fixed base operator's area.
7. Any party applying, or interested in the business, has supplied the board with any false information or has misrepresented any material fact in his application or in supporting documents.
8. Any party applying, or interested in the business, having a record of violating the provisions of this title, or the rules or regulations of any other airport, federal aviation regulations, or any other rules and regulations applicable to the Milford Municipal Airport.
9. Any party applying, or interested in the business, had defaulted in the performance of any lease or other agreement with the city.
10. Any party applying, or interested in the business, has a credit report which contains derogatory information and who does not appear to be a person of satisfactory business responsibility and reputation.
11. The applicant does not appear to have or have access to the finances necessary to conduct the proposed operation for a minimum period of six (6) months.
12. Any party applying, or interested in the business, has been convicted of any crime or violation of any portion of this title of such nature that it indicates to the board that the applicant would not be a desirable operator on the airport.
13. The protection of the health, welfare, safety or morals of the inhabitants of the city require such denial.
14. The applicant is unwilling or unable to post performance bond equal to six (6) month's rental or a deposit of a cash equivalent, or advance payment of six (6) month's rental. (Am 1994-72)
15. The Lessee submitting the request for a hangar construction on approval will comply with the current lessee for Airport Hanger Agreement excluding the sub paragraph and parts 1, 2, and 3. In lieu of sub paragraph and parts 1, 2, and 3 will comply with the Milford Municipal Land Lease for hangar construction and requirements therein the said amount will be set with the Milford City Council.
SECTION 12.04.040 Action by Mayor
Upon receipt of the recommendation of the city council, the mayor shall act upon the application within a reasonable time and shall approve the application, approve the application subject to reasonable conditions, or deny the application for one or more of the reasons described above in Section 12.04.030, Milford City Code. Upon approval or conditional approval, the city shall enter into a lease agreement with the applicant.
SECTION 12.04.050 Standard Requirements for All Aeronautical Activity
In order for any license request to be recommended for approval by the board or approved by the mayor, the following findings must be made:
1. That such applicant has a history of management and personnel ability in conducting the same or similar or comparable type of service or activity in a good and workmanlike manner.
2. That such applicant has the financial responsibility and ability to provide facilities and services proposed.
3. That the applicant has, or can secure, necessary certificates from the F.A.A. or other authority where the same are required for the activity proposed.
4. That the applicant has, or can furnish, suitable indemnity insurance or bond to protect and hold the city harmless from any liability in connection with the conduct of the activity proposed.
5. That the applicant will provide the city with a performance bond equal to not less than six (6) month's rental or other revenue to the airport.
6. That the applicant can meet the minimum standards herein stated for the activity requested.
SECTION 12.04.060 Standards for Specific Activities
1. All persons engaging in commercial aeronautical activities shall meet the following general requirements:
A. Provision of adequate insurance, as determined by the airport manager and City Council, including public liability, products liability, property damage liability, each with clauses indemnifying and holding the city harmless and naming the city as an additional insured must be furnished and maintained.
B. Provision of adequate building floor space, as determined by the airport manager and City Council, meeting applicable laws and ordinances in which to carry on the commercial aeronautical activity.
C. All commercial aeronautical activities operations shall be open for business for a minimum of eight (8) hours each day, five (5) days a week, except for legal holidays.
2. Every person conducting the following specific commercial aeronautical activities shall meet the additional requirements as hereinafter set out.
A. A fixed base operator must engage in public aviation fuel sales. In addition, an FBO must meet the following standards:
1. Separate male and female rest-rooms;
2. Public use telephone;
3. Minimum operating hours Monday through Saturday for eight (8) hours per day six (6) days a week, except for legal holidays; and
B. Aircraft engine, airframe and accessory sales and maintenance. All persons operating aircraft engine, airframe and accessory maintenance facilities to the public for hire shall provide:
1. In case of airframe and/or engine repairs, sufficient hangar space to house any aircraft upon which such service is being performed.
2. Suitable inside and outside storage space for aircraft awaiting repair or maintenance or delivery after repair and maintenance have been completed.
3. Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment to perform top overhauls as required for F.A.A. certification and repair of parts not needing replacements on all single-engine land and light multi-engine land general aviation aircraft.
4. At least one Federal Aviation Administration certificated airframe and power plant mechanic available during eight (8) hours a day, five (5) days per week.
5. Proper equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, facilities for washing and cleaning aircraft, recharging or energizing discharged aircraft batteries and starters.
6. Adequate towing equipment and parking and tie down areas to safely and efficiently move aircraft and store them in all reasonably expected weather conditions.
C. All persons conducting flight training activities shall provide:
1. At least one full-time (eight (8) hours per day, six (6) days per week) properly certificated flight instructor for single-engine land airplanes.
2. At least one dual-equipped single-engine land aircraft properly equipped and maintained for flight instruction and such additional types of aircraft as may be required to give flight instruction of the kind advertised.
3. Adequate office and classroom space for at least ten (10) students with proper restroom and seating facilities.
4. Adequate mockups, pictures, slides, film strips or other visual aids necessary to provide proper ground school instruction.
5. Properly certificated ground school instructors providing regularly scheduled ground school instruction.
6. Continuing ability to meet certification requirements of the F.A.A. for the flight training proposed.
7. Adequate facilities for storing, parking, servicing and repairing all its aircraft or satisfactory arrangements with other operators licensed or otherwise permitted by the board on the airport for such services.
D. Persons conducting an aircraft charter and/or air taxi service shall provide:
1. Passenger lounge, restroom and telephone facilities.
2. Adequate table, desk or counter for checking in passengers, handling ticketing or fare collection, and handling of luggage.
3. Suitable, properly certificated aircraft with properly certificated and qualified operating crew, one of which shall be located at the airport and ready for departure during at least eight (8) hours of daylight operation five (5) days per week except for legal holidays.
e. Persons conducting an aircraft rental and sales activity shall provide:
1. Suitable office space for consummating sales and/or rentals and the keeping of proper records in connection therewith.
2. Hangar storage space for at least one aircraft to be used for sales or rental.
3. For rental, at least two (2) airworthy aircraft suitably maintained and certificated.
4. Adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators licensed by the board on the airport for such service and repair.
5. The minimum stock of readily expendable spare parts, or adequate arrangements for securing spare parts required for the type of aircraft and models sold.
6. Current up-to-date specifications and price lists for types and models of new aircraft sold.
7. Proper checklists and operating manuals on all aircraft rented and adequate parts catalogue and service manual on new aircraft sold.
f. Persons conducting crop spraying shall provide:
1. Suitable arrangements for the safe storage and containment of noxious chemical materials; no poisonous or inflammable materials shall be kept or stored in close proximity to other facility installations at the airport.
2. Properly certificated aircraft suit-ably equipped for the agricultural operation undertaken.
3. Suitable arrangements for servicing, repairing, storing and parking its aircraft with adequate safeguards against spillage on runways and taxiways or pollution or disbursal of chemicals by wind to other operational areas on the airport.
g. Persons conducting aircraft commuter and air carrier service shall provide:
1. An adequately manned and operated terminal facility including ticket and operations counter area, lounge and restroom facilities.
2. A published schedule of operating times and rates.
3. Reservations service with continuity of communication with public which will help to prevent over-booking, provide ease of ticket purchases and cancellations and provide interline reservations.
4. Baggage handling service including interline exchange.
5. Satisfactory evidence of reliability and responsibility including F.A.A. operating permit.
6. Operator shall furnish airport reports of operations on a monthly basis.
h. Commercial aeronautical activities other than those listed above, such as paint shops, upholstery shops, propeller shops, avionics shops may also be operated on the Milford Municipal Airport. General standards specified in subsection 20.15.060(a), Milford City Code shall apply; however, specific standards will be as directed by the City Council and shall be in compliance with applicable local, state, and federal rules and regulations.
1. Any person conducting a combination of the specific activities listed hereunder shall not be required to duplicate the requirements of the individual activities where the requirements of the combination is sufficient to meet the requirement of the separate activity to be conducted.
3. Every person conducting the following specific noncommercial aeronautical activities shall meet the requirements hereinafter set out.
A. Persons seeking to operate flying clubs shall be required to:
1. Be organized as a nonprofit corporation under the laws of the State of Utah, or, as a duly organized nonprofit unincorporated association for the purpose of fostering flying for pleasure; development of skills in aeronautics, including pilotage or navigation; development of an awareness and appreciation of aviation requirements and techniques by the general public in the field of aviation and aeronautics.
2. Furnish the airport manager with copies of their bylaws, which shall include a specification of a minimum membership period of six (6) months, articles of incorporation, operating rules and membership agreements, and the location and address of the club's registered office. The airport manager shall also be furnished with a current roster of all officers and directors, including places of residence, business address and telephone numbers, who are responsible for compliance by the club members with all aviation laws and the rules and regulations of the Milford Municipal Airport.
3. Document that the flying club, or any individual member thereof, is not providing instruction for other than its members and is not engaging in charter service or in any other commercial aeronautical activity at the Milford Municipal Airport.
4. Maintain continuously member-ship records containing the full names and addresses of past and present members together with the date that their membership commenced and terminated. Said records shall indicate the investment share held by each member and shall be available for review at any reasonable time by the airport manager or his designated representative.
5. Register all aircraft owned, leased, or used by the flying club with the airport manager and to document that such aircraft is not being leased or loaned to others for any commercial use, purpose or venture. The club's aircraft shall not be used by other than bona fide members for rental, or by anyone for charter or taxi lease.
6. Assure that each aircraft owned, leased, or used by the flying club is in full compliance with air worthiness requirements of the appropriate federal agency.
7. Provide a document which shall indemnify and hold harmless the city of and from any and all claims of liability for personal injury, death, or property damage resulting from its operation at the Milford Municipal Airport.
B. Other noncommercial activities may also be conducted at the Milford Municipal Airport subject to the issuance of a license as set forth herein. The general standards stated above shall be applied as deemed appropriate by the mayor, upon the recommendation of the City Council.
SECTION 12.04.070 Fuel Servicing Standards
1. Only fixed base operators (FBOs) shall be licensed to conduct aviation fuel and oil sales or services to the public on the airport and shall be required to provide:
A. Two (2) grades of aviation fuel located in an approved storage facility.
B. An adequate inventory of at least two (2) brands of generally accepted grades of aviation engine oil and lubricants.
C. Proper mobile fuel-dispensing equipment to service all types of aircraft meeting all NFPA criteria.
D. Authorized personnel to fuel and de-fuel aircraft who are trained in the safe operation of the equipment they use, in the operation of emergency controls, and in procedures to be followed in the event of an emergency. Trained and certified line personnel shall be available during normal business hours.
E. Conveniently located heated lounge or waiting rooms for passengers and airplane crews of itinerant aircraft together with sanitary restrooms and public telephones.
2. It is the policy of the Milford Municipal Airport to allow self-fueling as required by the Federal Aviation Administration. Individuals desiring to conduct self-fueling on the airport must comply with the following standards and procedures:
A. Prior to any self-fuelings, the person desiring to self-fuel (the "fueler") must request a permit by contacting the airport manager. This applicant must give name, address, telephone number and certify that the applicant has liability insurance, has reviewed Milford Airport policies and procedures and agrees to comply with them. The application shall provide space for special permit conditions and for the applicant to disclose the purpose for requesting a permit.
B. To receive a self-fueling permit, the applicant shall be an aircraft owner fueling his or her own aircraft with his or her own personnel and equipment. Cooperative fueling or the use of joint equipment or facilities shall not be considered self-fueling for purposes of this Chapter. Persons engaging in cooperative fueling or the use of joint equipment or facilities must meet all the requirements for being a fixed base operator as set forth in this Chapter.
C. The permit shall be carried by the fueler whenever self-fueling is being conducted.
D. All fuel servicing equipment shall comply with a national testing laboratory standard for that equipment. Equipment shall be maintained in a safe operating condition and immediately removed from service should it leak or malfunction.
E. If refueling from a hand-held container, it must be an approved (NFPA, APE, UL, etc.) metal container, spring loaded or with a trigger-actuated flow control, equipped with flame arrestor in fill and pour modes, with a static dissipator cable (bonding cables) option attached.
F. Any funnel used in self fueling shall be metal and have at least a two gallon capacity to minimize the possibility of spillage.
G. The fueler must have at least one 2A-10BC (40-B:C) sized fire extinguisher, national-testing-laboratory-approved, easily accessible at the fueling location and must know how to use the fire extinguisher.
H. The fueling must be conducted outside hangars and in areas designated by the airport manager.
I. If any self-fueler services aircraft other than his or her own, such self-fueler shall lose any right to self-fuel under the permit, shall surrender the permit to the Airport Manager, and shall remove any and all fueling equipment from the airport.
J. Each violation of the self-fueling provisions of this Chapter shall be unlawful and punishable as a Class B misdemeanor.
3. The following procedures are applicable to all fueling operations conducted at the Milford Municipal Airport.
A. All refueling operations, procedures and equipment must be in compliance with applicable federal, state, and local fire codes, ordinances, and rules pertaining to fire safety as presently, or as hereinafter may be adopted. These include, but are not limited to, the International Building Code, International Fire Code, International Fire Code Standards, and National Fire Protection Association Standards.
B. Fuel dispensing containers and/or equipment must be bonded to the aircraft allowing any static buildup to equalize. One end of the bonding cables must be attached to the fueling container/equipment and one to a non-painted ferrous metal surface of the airframe. A second cable attached to an in-pavement grounding rod is required when the rate of flow into the tank exceeds twenty-five (25) gallons per minute.
C. No aircraft engine, auxiliary power unit, heater, automotive or other internal combustion engine servicing equipment may be operated in the vicinity of fueling operations.
D. All trash, waste and other materials, including, but not limited to, used oil, solvents and other waste materials shall be handled in a sanitary manner and disposed of away from the airport.
E. The fueler must notify the airport manager or Milford Volunteer Fire Department immediately if a fire ensues or a spill occurs. The fueler shall contain any spill with sand or a commercial absorbent material. Fuel servicing shall be stopped immediately and shall not continue until the fuel spill has been cleaned up and the site determined to be safe by the Fire Department. The fueler may be billed for any clean-up costs incurred by the City.
F. Open flames and smoking are prohibited within fifty (50) feet of any fuel equipment or fueling operation. The fueler shall not carry lighters or matches and shall ensure that there is no open flame nor person or persons smoking in the area.
G. Fueling is prohibited when lightning is observed within five miles of the airport.
H. A cabin attendant is required and shall be stationed near the cabin door, if passengers are on board an aircraft while it is being fueled or defueled.
I. No person shall park a fuel servicing vehicle within fifty (50) feet of any building. Fuel servicing vehicles shall not be parked side-by-side with less than ten (10) feet between them.
J. Fuelers shall allow the Milford Volunteer Fire Department to inspect fueling equipment and/or observe fueling operations at any time upon request. Equipment found to be faulty by the Fire Department must be repaired immediately or removed from the airport.
K. Unauthorized fuel dispensing equipment and/or containers including fuel trucks, tanks, tankers, drums, etc. shall not be stored on airport property.
L. Nothing in this chapter shall be construed as waiving the fuel flowage fees to be paid to the City of Milford.
SECTION 12.04.080 Restricted Activities - Exceptions and Conditions
1. Reckless Aircraft Operation: No person shall manifest willful disregard for the safety of persons or property at the airport. No person may operate an aircraft on the airport while under the influence of alcohol or drugs or while impaired.
2. Aerobatics: No person shall perform aerobatics at the airport or over the city unless he or she has notified the Airport Manager in writing of the proposed activity; complied with any insurance and safety requirements the Airport Manager may deem necessary to protect the city and airport users; and obtained FAA approval.
3. Gliders and Ultralights: No person shall operate a glider, hang glider, heliglider, hot air balloon, ultralight vehicle or similar vehicle at the airport unless he or she has notified the Airport Manager in writing; complied with any insurance and safety requirements the Airport Manager may deem necessary to protect the city and airport users; and obtained FAA approval.
4. Skydiving: No person shall conduct or participate in skydiving activity at the airport unless he or she has notified the Airport Manager of the proposed activity; complied with any insurance and safety requirements the Airport Manager may deem necessary to protect the city and airport users; and obtained FAA approval.
5. Jet Blast: No person shall taxi or operate any aircraft or helicopter on the airport where the jet or propeller blast may cause injury to persons or damage to property. If necessary, the aircraft/helicopter operator shall shut down the engine and have the aircraft towed to its destination.
6. Experimental and Ultralight Aircraft: The Airport Manager will publish and modify, from time to time, specific rules regarding the flight paths to be used, locations on the airport for operations by such aircraft, and other general rules and regulations regarding such activities on the Milford City Municipal Airport. Flight paths will be coordinated with FAA approval prior to being published.
Airport Sign Standards
12.05.010 General Requirements
12.05.020 Restricted to Leased Areas
12.05.040 Classification of Signs
12.05.050 Location Standards
12.05.060 Permitted Signs
12.05.070 Outdoor Advertising Structures
12.05.080 Removal of Nonconforming Signs
12.05.100 Sign Maintenance
12.05.110 Table 1 - Freestanding Sign Area
12.05.120 Table 2 - Wall Sign Area
SECTION 12.05.010 General Requirements
1. The following general requirements shall apply to all commercial signs and advertising structures erected within areas leased for fixed base operators and other authorized commercial activities within the Milford Municipal Airport.
A. No person shall erect any sign or advertising structure within leased areas of the Milford Municipal Airport without first obtaining a sign permit from the building inspection division of the community development department of Milford City. Said permit shall be issued in conformance with the provisions of the Uniform Building Code and other applicable ordinances.
B. Except as otherwise provided in this chapter, no commercial signs or advertising structures shall be erected within leased areas of the Milford Municipal Airport without first obtaining the approval of the zoning administrator. Said zoning administrator shall be responsible for assuring compliance with the provisions of this chapter and other applicable city codes and ordinances.
C. No signs shall be erected within the boundaries of the Milford Municipal Airport which have flashing, blinking, or sequence lighting; nor shall signs have moving parts or visible emissions. No signs shall be so located that they will materially or practically tend to create a hazard to the safe movement and navigation of aircraft either airborne or taxiing.
D. No signs or advertising structures on leased areas of the Milford Municipal Airport shall be erected on or above the roof of any building or structure. Signs which are mounted on the face of a building or parapet, and extend above the parapet or the top of the wall, shall not be deemed to be a roof sign so long as the extension above the wall or parapet does not exceed five (5) feet. Signs on a mansard type roof shall not be construed to be roof signs so long as the pitch of the mansard roof exceeds two (2) feet vertical rise for every one foot horizontal travel, and the sign does not extend above said roof more than five (5) feet.
E. Temporary "A" Frame and movable free standing signs shall be prohibited on the Milford Municipal Airport. This prohibition shall apply to signs mounted upon vehicles or trailers which are parked for extended periods of time expressly and exclusively for the purpose of calling attention to or advertising a specific service, business, or product.
F. No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines or energized electrical power lines than that prescribed by the laws of the State of Utah or rules and regulations duly promulgated by agencies thereof.
SECTION 12.05.020 Restricted to Leased Areas
All commercial advertising signs and structures shall be restricted to locations within the leased area of a fixed base operator or other authorized commercial aeronautical activity upon the Milford Municipal Airport. Signs in unleased areas of the airport shall be restricted to directional or informational signs erected and maintained by Milford City or other authorized agencies.
SECTION 12.05.030 Exceptions
1. This chapter shall have no application to signs used exclusively for:
A. The display of official notices used by any court, or public body or official, or the posting of notices by any public officer in the performance of a duty, or by any person giving legal notice.
B. Directional, warning, or informational signs of a public or quasi-public nature, directed and maintained by an official body or public utility.
C. Any sign of a noncommercial nature when used to protect the health, safety, or general welfare of the public.
D. Any official flag, pennant, or insignia of any nation, state, city or other political unit.
E. Any signs which convey only general navigation, flying conditions, or other information related to flight convenience or flight safety.
SECTION 12.05.040 Classification of Signs
Every sign erected or proposed to be erected within leased areas of the Milford Municipal Airport shall be classified by the city zoning administrator in accordance with the definitions of signs contained in Section 14.38.160, Milford City Code. Any sign which does not clearly fall within one of the classifications, shall be placed in the classifications which the sign, in view of its design, location, and purpose, most clearly approximates in the opinion of said zoning administrator.
SECTION 12.05.050 Location Standards
1. All signs and advertising structures shall conform to the following location requirements:
A. All commercial signs on leased areas shall face upon, be directed toward, and be oriented toward the public aircraft operating areas and flight line service areas of the Milford Municipal Airport. Commercial advertising signs, except as noted in the following section, shall not be oriented to or face upon automobile parking areas or automobile access roads on the "land side" of said leased areas.
SECTION 12.05.060 Permitted Signs
1. For each authorized fixed base operator or authorized commercial establishment operating on the Milford Municipal Airport, the following types of signs shall be permitted in conformance with standards as set forth herein:
A. Lease area signs over five (5) feet in height shall comply with the following provisions:
1. There may be one such sign for the linear footage contained in two (2) designated sides of the ground area leased from Milford City.
2. No such freestanding sign shall exceed a height of twenty-five (25) feet.
3. All freestanding signs over five (5) feet in height shall be located only adjacent to that frontage of the leased area which abuts the aircraft flight line or an aircraft operating area of the Milford Municipal Airport.
B. Every wall sign or painted wall sign within a leased area of an authorized commercial operator at the Milford Municipal Airport shall comply with the following requirements:
1. There may be two (2) such signs per building face, which is oriented to the flight line or a designated aircraft operations area. No building shall be deemed to have more than two (2) faces upon which wall signs or painted wall signs may be placed.
2. No part of any sign shall extend more than five (5) feet above the wall or parapet upon, or in front of which it is situated. Any sign which extends or is situated above a pedestrian walk area shall have an overhead clearance of at least eight (8) feet.
3. Said wall signs or painted wall signs shall be located in such a manner as to face upon and be oriented to the aircraft flight line or designated aircraft operating area.
4. No such sign shall project more than twelve (12) inches from the face or part of the building to which it is attached.
C. One identification sign for each fixed base operator or authorized commercial tenant may be located in such a manner as to face upon and be oriented to vehicle parking areas or access roads on the "land side" of the commercial leased areas. Said sign shall be in conformance with the design standards and size specifications adopted by the Milford City Council. Said identification sign may contain the logo or trademark of a petroleum company and/or an aircraft manufacturing company. It may also contain the logo or trademark of the authorized commercial airport lessee.
SECTION 12.05.070 Outdoor Advertising Structures
All advertising signs and structures placed in leased areas of the Milford Municipal Airport shall be used exclusively to advertise a business conducted, or service rendered, or goods produced or sold within said leased area. There shall be no non-appurtenant advertising structures permitted within the premises of the Milford Municipal Airport.
SECTION 12.05.080 Removal of Nonconforming Signs
All existing signs, which have been made nonconforming by the provisions of this chapter shall be brought into conformance, replaced, or removed from leased areas no later than five (5) years from the date of the adoption of these requirements.
SECTION 12.05.090 Definitions
Definitions of terms contained herein shall be those set forth in Section 12.01.030, Milford City Code.
SECTION 12.05.100 Sign Maintenance
All signs and advertising structures shall be maintained in an attractive and mechanically sound condition. Any signs which have missing or broken faces, become severely faded, are not kept in reasonable repair, or for any reason are found to be unsafe, may be required by the airport manager to be repaired, replaced, or removed from the premises of the airport.
SECTION 12.05.110 Table 1 - Freestanding Sign Area
SECTION 12.05.120 Table 2 - Wall Sign Area