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OCR for page 43
General Aviation 43 4.4 Through-the-Fence Arrangements Many general aviation airports are adjacent to businesses and, in some instances, residential neighborhoods. In these cases, the airport may receive requests from adjacent neighbors for an access point to the airport that runs "through the fence." As a general principle, the FAA does not support agreements that grant access to federally obligated airports by aircraft stored and serviced off-site on adjacent property. Although the FAA recognizes that residential through-the-fence agreements exist, there are no acceptable forms of residential through-the-fence agreements for public-use airports receiving Federal financial assistance. Non-residential compatible through-the-fence agreements can be effectively used to support an adjacent industrial airpark or manufacturing facility. When negotiating agreements with through-the-fence (TTF) operators, airport owners should consider the following best manage- ment practices: The access agreement should be a written legal document with an expiration date and signed by the airport owner and TTF operator. It may be recorded. Airport owners should never grant a right of access in perpetuity. The right of access should be explicit and apply only to the TTF operation (i.e., right to taxi its aircraft to and from the airfield). The TTF operator should not have a right to grant or sell access through its property. Only the airport owner may grant access to the airfield, but any access requirements should be consis- tent with TSA requirements. The access agreement should have a clause making it subordinate to the airport owner's fed- eral obligations with the FAA grant assurances. The airport owner should have the right to ter- minate the agreement if any provision conflicts with the airport owner's federal obligations. The TTF operator should not have the right to assign the agreement without the airport owner's approval and appraisal of the change in value of the agreement. The fee to gain access to the airfield should reflect the airport fees charged to on airport tenants and aeronautical users. The access agreement should contain termination and insurance articles to benefit the airport owner. In allowing access, an airport should be able to place the cost of all required improvements on the licensee. See CRP-CD-81 (enclosed herein), Appendix to Chapter 4, General Aviation, for excerpts from the DIG Agreement for provisions regarding licensee's responsibility for costs of installing and maintaining all security measures and means of access. TTF agreements must (1) contain language ensuring compliance with all regulations that might affect operations and (2) maintain insurance at levels required by the sponsor. Because it is likely that a TTF licensee will be using the airport significantly and, in many cases, for a business purpose, the sponsor should protect itself from potential conflict in the case of air- port closure.