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 require that the Airport be operated for aeronautical uses during temporary periods when
snow, flood, or other climatic conditions
interfere with such operation and maintenance; and Provided further, That nothing
herein shall be construed as requiring the
maintenance, repair, restoration or replacement of any structure or facility which is
substantially damaged or destroyed due to
an act of God or other condition or circumstance beyond the control of the Sponsor. In furtherance of this covenant the sponsor will have in effect at all times arrangements for - 
a. Operating the airport-s aeronautical facilities whenever required;
b. Promptly marking and lighting hazards
resulting from airport conditions, including
temporary conditions; and
c. Promptly notifying airmen of any condition affecting aeronautical use of the Airport.
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, prevent the construction, erection, alteration,
or growth of any structure, tree, or other object in the approach areas of the runways of
the Airport, which would constitute an airport hazard.
In addition, the Sponsor will not erect or
permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development 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 regulations, take action to restrict the use of land
adjacent to or in the immediate vicinity of
the Airport to activities and purposes compatible with normal airport operations including landing and takeoff of aircraft.
25. Airport layout plan. The Sponsor will
keep up to date at all times an airport layout plan of the Airport showing (1) boundaries of the Airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by
the Sponsor for airport purposes, and proposed additions thereto; (2) the location and
nature of all existing and proposed airport
facilities and structures (such as runways,

taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing
and proposed nonaviation areas and of all existing 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 alterations in the airport or in any of its facilities 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 efficiency 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 government 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 determined by the FAA, or otherwise agreed to by
the Sponsor and the using agency, substantial 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 calendar month that - 
a. Five (5) or more government aircraft are
regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement and each
takeoff as a movement) of government aircraft is 300 or more, or the gross accumulative 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 requested 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 communication activities related to air traffic control,
such areas of land or water, or estate therein, 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 approximate amounts of areas and the nature of the
property interests and/or rights so required

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