HomeMy WebLinkAboutbocc.ord.041.2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ESTABLISHING AN AIRCRAFT WINGSPAN LIMITATION
AT THE PITKIN COUNTY AIRPORT
Ordinance No. eT t - 2001
Recitals
1. Pitkin County, Colorado (the "County") is a Home-rule County organized under
the Constitution and statutes of the State of Colorado.
2. The County is the owner and operator of the Aspen/Pitkin County Airport (the
"Airport"), which is located in Pitkin County near Aspen, Colorado.
3. With respect to the airport and pursuant to, inter alia, 41-4-101, et seq., 30-35-101
et seq., C.R.S. 1973 as amended, and Section 2.8.1 of the Pitkin County Home Rule
Charter, the County has authority to enact Ordinances regulating the operation and use of
the Airport, and to enforce them through the imposition of fines and penalties.
4. The County, as sponsor,has entered into various Grant Agreements with the
United States, under the provisions of Title 49 U.S.C., Subtitle VII, as amended, pursuant
to which the County has made certain assurances (the "Grant Assurances").
5. Pursuant to the Grant Assurances, the County has agreed to suitably operate and
maintain the Airport and its facilities to serve the aeronautical users of the Airport in a
safe and serviceable condition, and in accordance with such minimum standards as may
be required or prescribed by applicable federal, state and local agencies.
6. The County is authorized, pursuant to the Grant Assurances, to prohibit or limit a
given type, kind or class of aeronautical use of the Airport, if such action is necessary for
the safe operation of the Airport or necessary to serve the civil aviation needs of the
public.
7. In December 1998, the County's consultants prepared the Aspen-Pitkin County
Airport Layout Plan Update for the Airport (the"ALP Update"), which was adopted by
the County for the Airport, and approved by the Federal Aviation Administration
("FAA").
8. FAA safety regulations pertaining to the design of airports, differ based upon the
operational and physical characteristics (pertaining approach speed and wing span) of the
aircraft intended to operate at an airport; the Airport is classified in approach category
"D" and design group "III" and the "standard separation"between the runway and parallel
taxiway at such airports, is 400 feet.
Ordinance#U7t - 2001
Page 2
9 The County has modified the location of its taxiway to provide a separation of 320
feet from the Runway centerline, and FAA criteria provide that such a separation is
restricted to prohibit operation of aircraft with wingspans greater than 95 feet.
10. The Board of County Commissioners of Pitkin County makes the following
findings and determinations:
(a) The County has authority to enact Ordinances regulating the operation and
use of the Aspen/Pitkin County Airport, and to enforce them through the
imposition of fines and penalties;
(b) An Ordinance restricting operation at the Airport of aircraft having a
wingspan greater than 95 feet is necessary for the Airport to provide an
appropriate runway object fee area(ROFA") and to otherwise fully comply with
FAA safety criteria relating to airport design;
(c) The adoption of an Ordinance restricting operation at the Airport by
aircraft having wingspans in excess of 95 feet is necessary for the safe operation
of the Airport, to serve the civil aviation needs of the public, and to protect the
County and federal investment in the Airport and its facilities; and
(d) Based on the foregoing, the adoption of the following Ordinance is in the
best interests of the health, welfare and safety of the residents or visitors to the
County.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the following regulations be adopted in TITLE 10 OF THE
PITKIN COUNTY CODE, AIRPORT REGULATIONS, AND ALL OTHER
CONFLICTING OR CONTRARY REGULATIONS NOW IN EFFECT ARE HEREBY
REPEALED.
Section 1. Winespan Limitation. No aircraft having a tip-to-tip
wingspan in excess of 95 feet shall operate at the Aspen/Pitkin County Airport.
Section 2. Exceptions. The operation of aircraft in excess of wingspan
limitations set forth in Section 1 above shall not be prohibited at the Airport if;
(a) such operation is pursuant to a bona fide emergency
declared by the pilot in command of the aircraft, and
communicated to the Federal Aviation Administration in
accordance with applicable regulations or procedures;
Ordinance# u i r - 2001
Page 3
(b) upon written application, the Aviation Director (1)
determines that operation of an aircraft in excess of the wingspan
limitations of this section is necessary to further an immediate and
temporary public purpose, and (2) takes measures reasonably
necessary to ensure that such operation may be conducted safely
and notifies appropriate tower personnel of such operation
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fine not to exceed One Thousand Dollars ($1000.00) and/or imprisonment not to exceed
ninety(90) days for each such violation.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON
THE 12th DAY OF September,2001.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON THE 15th DAY OF September, 2001.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 10`h DAY OF October, 2001.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 201h DAY OF October, 2001.
ATTEST: BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY,
COLORADO
17,11111
By:
J nette Jones, Michael C. Ireland
puty Clerk Chair
Date: /O /
Ordinance#W- 2001
Page 4
APPROVED AS TO FORM:
lA,
John M. Ely Hilary a her Smith
County At County Manager
Date: / O /