Module 1, Objective 4, Land Use Flashcards
Grant Assurance 4, Good Title
requires the airport to hold good title to the airport that is satisfactory to the FAA or give satisfactory assurance to the FAA that good title will be acquired
tied to the ALP
Grant Assurance 5, Preserving Rights and Powers
prevents an airport sponsor from taking any action that may deprive the airport sponsor of its rights and powers to direct and control airport development and comply with the grant assurances
this prohibits an airport from selling, leasing, or encumbering, or transferring or disposing any of its tile or other interests in the property without written approval from the FAA
What is on airport aeronautical use?
land reserved for an aeronautical activity
What is on airport non-aeronautical use?
land that does not support and aeronautical activity but is used to generate revenue to support the airport’s aviation needs
What is land use planning?
an essential tool to ensure that activities on land adjacent to or neat the airport are compatible with normal airport operations
Can the federal government preempt stare law when regulating interstate commerce?
yes
What is the FAAs method to influence airport land use and land use surrounding an airport?
grant assurances
What is Grant Assurance 29, Airport Layout Plan?
it requires the airport sponsor to delineate the airport’s boundaries, including all facilities, and to identify future developments on its ALP
an airport must have an FAA-approved ALP as a prerequisite to granting AIP funds
What is Grant Assurance 21, Compatible Land Use?
it requires the airport to attempt (but are not required to be successful) to restrict the use of adjacent land or land in the immediate vicinity to activities and purposes compatible with airport operations
most commercial and industrial uses are compatible with airports
in cases where the airport sponsor does not have the authority to enact zoning ordinances, or changes, the sponsor should demonstrate a reasonable attempt to inform surrounding municipalities on the need for land use compatibility zoning
What is Grant Assurance 20, Hazard Removal and Mitigation?
it requires the airport to take necessary actions to protect the airspace around the airport, including visual and instrument approach paths
What are the consequences of incompatible land use?
lost economic costs due to passenger delays resulting from constraints to airport operations and capacity development
True or False
The FAA requires that the airport executive restricts incompatible land use around the airport
False, they just have to attempt
What are tactics to prevent incompatible development?
request to use AIP grant money to acquire land before the incompatible development is constructed on land
negotiating the adjacent zoning agencies, cities and counties to re-zone residential use land to commercial or light industrial
securing avigation easements on the property
Does the FAA like residential development around an airport?
NO
Will the FAA release airport property from its federal obligations for residential development?
NO
When can obligated land be released?
only when the FAA finds it is no longer needed for airport purposes
Does the FAA traditionally like airparks?
NO
The restrictions on residential land use do not extend to whom?
temporary pilot or crew rest facilities
medical evacuation services where the air medical tenant provides temporary accommodations for patients
ARFF where there is a 24/7 requirement
commercial charter that provide passenger waiting areas
What are common types of aeronautical activities?
air carrier services, flight training, aircraft rentals, maintenance operations, repair stations, aerial photography, crop dusting, banner towing, sightseeing, aerial surveying, aircraft sales, aircraft storage
What is Grant Assurance 19, Operation and Maintenance?
it is establishing rules and regulations at each airport
it requires the airport o be operated at all times in a safe and serviceable condition and accordance with the minimum standards (MS)
What is Grant Assurance 23, Exclusive Rights
restricts the airport executives from granting any tenant the exclusive right to conduct a particular commercial aeronautical service unless it would be unreasonably costly, burdensome, or impractical for more than one FBO to provide such services, and if allowing more than one FBO to provide such services would require the reduction of space leased to an existing tenant. BOTH conditions must be met
The FAA does not desire an airport o use MS in a way to unduly prohibit a type of aeronautical operation or business, nor to create an exclusive right
What is Grant Assurance 22, Economic Discrimination
the airport must be available for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services at the airport
it may not restrict an individual user of a specific type of aircraft and them allow other users of that same aircraft type to operate
airport operators are allowed to implement reasonable restrictions and rules for the airport’s safety
What does Grant Assurance 19 cover?
Security, conduct of individuals using the airport, conduct of tenants and vendors using the airport, schedule of fees rates and charges, vehicle movements nit he AOA and aircraft movement areas
What is the airport sponsor’s prerogative when it comes to MS?
to establish them for aeronautical commercial service and establish self-service rules and regulations for all other airport activities