745
Federal Aviation Administration, DOT
Pt. 152, App. D
States, and will not permit any activity
thereon which would interfere with its use
for airport purposes;
Provided,
That nothing
contained herein shall be construed to re-
quire that the Airport be operated for aero-
nautical uses during temporary periods when
snow, flood, or other climatic conditions
interfere with such operation and mainte-
nance; and
Provided further,
That nothing
herein shall be construed as requiring the
maintenance, repair, restoration or replace-
ment of any structure or facility which is
substantially damaged or destroyed due to
an act of God or other condition or cir-
cumstance beyond the control of the Spon-
sor. In furtherance of this covenant the spon-
sor will have in effect at all times arrange-
ments for—
a. Operating the airport’s aeronautical fa-
cilities whenever required;
b. Promptly marking and lighting hazards
resulting from airport conditions, including
temporary conditions; and
c. Promptly notifying airmen of any condi-
tion affecting aeronautical use of the Air-
port.
23.
Airport Hazards.
Insofar as it is within
its power and reasonable, the Sponsor will,
either by the acquisition and retention of
easements or other interests in or rights for
the use of land or airspace or by the adoption
and enforcement of zoning regulations, pre-
vent the construction, erection, alteration,
or growth of any structure, tree, or other ob-
ject in the approach areas of the runways of
the Airport, which would constitute an air-
port hazard.
In addition, the Sponsor will not erect or
permit the erection of any permanent struc-
ture or facility which would interfere mate-
rially with the use, operation, or future de-
velopment of the Airport, in any portion of a
runway approach area in which the Sponsor
has acquired, or hereafter acquires, property
interests permitting it to so control the use
made of the surface of the land.
24.
Use of adjacent land.
Insofar as it is
within its power and reasonable, the Sponsor
will, either by the acquisition and retention
of easements or other interests in or rights
for the use of land or airspace or by the
adoption and enforcement of zoning regula-
tions, take action to restrict the use of land
adjacent to or in the immediate vicinity of
the Airport to activities and purposes com-
patible with normal airport operations in-
cluding landing and takeoff of aircraft.
25.
Airport layout plan.
The Sponsor will
keep up to date at all times an airport lay-
out plan of the Airport showing (1) bound-
aries of the Airport and all proposed addi-
tions thereto, together with the boundaries
of all offsite areas owned or controlled by
the Sponsor for airport purposes, and pro-
posed additions thereto; (2) the location and
nature of all existing and proposed airport
facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hang-
ars and roads), including all proposed exten-
sions and reductions of existing airport fa-
cilities; and (3) the location of all existing
and proposed nonaviation areas and of all ex-
isting improvements thereon. Such airport
layout plan and each amendment, revision,
or modification thereof, shall be subject to
the approval of the FAA, which approval
shall be evidenced by the signature of a duly
authorized representative of the FAA on the
face of the airport layout plan. The Sponsor
will not make or permit any changes or al-
terations in the airport or in any of its fa-
cilities other than in conformity with the
airport layout plan as so approved by the
FAA, if such changes or alterations might
adversely affect the safety, utility, or effi-
ciency of the Airport.
26.
Federal use of facilities.
All facilities of
the Airport developed with Federal aid and
all those usable for the landing and taking
off of aircraft, will be available to the United
States at all times, without charge, for use
by government aircraft in common with
other aircraft, except that if the use by gov-
ernment aircraft is substantial, a reasonable
share, proportional to such use, of the cost of
operating and maintaining facilities so used,
may be charged. Unless otherwise deter-
mined by the FAA, or otherwise agreed to by
the Sponsor and the using agency, substan-
tial use of an airport by government aircraft
will be considered to exist when operations
of such aircraft are in excess of those which,
in the opinion of the FAA, would unduly
interfere with use of the landing area by
other authorized aircraft, or during any cal-
endar month that—
a. Five (5) or more government aircraft are
regularly based at the airport or on land ad-
jacent thereto; or
b. The total number of movements (count-
ing each landing as a movement and each
takeoff as a movement) of government air-
craft is 300 or more, or the gross accumula-
tive weight of government aircraft using the
Airport (the total movements of government
aircraft multiplied by gross certified weights
of such aircraft) is in excess of five million
pounds.
27.
Areas for FAA Use.
Whenever so re-
quested by the FAA, the Sponsor will furnish
without cost to the Federal Government, for
construction, operation, and maintenance of
facilities for air traffic control activities, or
weather reporting activities and communica-
tion activities related to air traffic control,
such areas of land or water, or estate there-
in, or rights in buildings of the Sponsor as
the FAA may consider necessary or desirable
for construction at Federal expense of space
or facilities for such purposes. The approxi-
mate amounts of areas and the nature of the
property interests and/or rights so required
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