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REVISED 08-12-04 DECLARATION OF COVENANTS AND RESTRICTIONS FOR BUILDINGS AND STRUCTURES MIDDLETON MUNICIPAL AIRPORT MOREY FIELD AIRPORT IDENTIFIER: C29 For additional information, contact the City of Middleton at (608) 827-1070 www.ci.middleton.wi.us Page 1 of 6 ---PAGE BREAK--- INTRODUCTION The City of Middleton, a municipal corporation, in order to impose a common plan of covenants and restrictions for the mutual benefit of the City of Middleton and present and future lessees of building sites at Middleton Municipal Airport—Morey Field (“Airport”), hereby declares and provides that all building sites and buildings are subject to the following covenants, conditions and restrictions. It shall be understood that all specifications established herein shall be considered minimum standards to be met by all contractors, individuals, and developers interested in the construction of an Aircraft Storage Unit or any building at the Airport. For the purpose of this document, the Owner shall be the City of Middleton or the City Administrator if so designated by the City Council; the Lessee shall be any individual, group, business, or corporation, which desires to construct a hangar facility at the Airport; all references to lot depth refer to the east-west measurement of each lot. The Lessee agrees to accept the leased premises in its present condition and without expense to the Owner, will maintain any installations thereon. Where submittals are to be approved by the Owner, it is understood that those submittals are to be approved by the City of Middleton. No occupancy of any building shall be permitted before the building is completed and an occupancy permit issued. No building shall be used as a place of residence. No building shall be undertaken without first receiving all applicable building permits. REQUIREMENTS Approvals Required No building or any improvement shall be erected, placed, or altered on any building site at Middleton Municipal Airport – Morey Field until the plans for such building or improvement, including site plan, landscape plan, building plans and specifications have been approved by the Owner. Approval or disapproval of such plans shall be with respect to conformity with these restrictions and other applicable ordinances and requirements of the Owner, and with respect to harmony of external design and land use as it effects property within and adjacent to this area. Building plans shall be in conformance with all County, State and City of Middleton laws and ordinances, and shall conform to the current Hangar Layout Plan. 1. Setbacks The Owner will determine setback distances for construction based on FAA regulations, Airport layout plan and other airport regulations that may be enacted from time to time. No part or portion of any building shall be erected, constructed, or extended into any setback area. No building construction equipment or materials shall be staged, placed, or operated in a manner that impedes the movement of aircraft along taxilanes or taxiways. Front Setback (face of building to edge of taxilane): Single- and multi-unit hangar buildings facing Taxilanes A, B, C, or D shall have a 27’ front setback unless a greater Page 2 of 6 ---PAGE BREAK--- distance is specified on the current Hangar Layout Plan. Buildings on lots facing Taxilane E shall have a 40’ front setback. In cases where a taxilane and/or roadway is present on both the east and west sides of a lot, the lessee may obtain approval from the City to create a secondary frontage by extending the lot to the taxilane and constructing a second hangar door or garage door, in which case the “rear” of the building must be at least 27’ from the taxilane. Rear Setback: Buildings shall have at least a 10’ rear setback. In cases where a taxilane and/or roadway is present on both the east and west sides of a lot, the lessee may obtain approval from the City to have a secondary frontage as described in the “Front Setback” section.. Side Setback: Buildings on lots sized to accommodate structures of approximately 40’ in depth shall have at least a 5’ side setback. Buildings on lots sized to accommodate structures of 50’ in depth or larger shall have at least a 10’ side setback. 2. Height of Buildings All buildings and structures shall comply with the maximum height regulation(s) identified in the current Hangar Layout Plan. (These specifications are based on FAA standards for regulating airspace in the vicinity of runways.) The tallest point of a hangar, including antennas or other attachments, may not exceed the maximum structure elevation specified for a given lot. 3. Drainage A drainage plan shall be submitted indicating flow and contours/elevations. Drainage shall not negatively impact adjacent properties and shall flow into the Airport’s natural or developed drainage. The elevation of the lot shall not be changed so as to materially affect the surface elevation or grade of the surrounding lots. Drainage from roofs shall not create erosion or affect adjacent properties. Perimeter roof drainage with gutter and downspouts, or a 2-foot-wide gravel strip shall be located at drip edges. Any drainage off the front of the building shall be diverted using gutters and downspouts. Roof drainage and a soil erosion control plan shall be indicated on plan submittal. 4. Parking The number and location of parking stalls required for the specific intended use shall be submitted with the construction plans. Areas provided for parking shall be surfaced with a minimum of 2-inch bituminous or 4-inch concrete over a finished and compacted 6- inch gravel base. 5. Apron and Pad Standards Apron and floor pad thickness shall be indicated on submitted plans. Apron areas shall be surfaced with a minimum of 2-inch bituminous over a finished and compacted 6-inch gravel base. All hangar floor pads shall be of a minimum four-inch poured concrete and conform to City of Middleton standard specifications. All aprons shall provide positive Page 3 of 6 ---PAGE BREAK--- drainage to prevent ponding or standing water. Because taxiways will initially be constructed to an elevation 1.5 inches below final grade, aprons should be paved to the projected finished elevation of the edge of the taxiway, and then feathered as necessary. A final lift of asphalt will be added to all taxiways by the Owner after substantial completion of hangar construction. For the purposes of this section, the apron is defined as the area that extends across the entire width of the leased parcel and from the building to the taxiway. 6. Refuse No storage of waste, refuse, material, or equipment shall be permitted outside the building. 7. Open Sided Structures/Bi-fold Doors All structures shall be totally enclosed. No open sided structures shall be permitted. All hangar buildings shall be required to be constructed with a bi-fold door. 8. Alterations No alterations to the exterior appearance of any existing building shall be made without first obtaining approval of the Owner. 9. Antennas/Satellite Dishes All antennas, satellite dishes, and similar equipment, shall be indicated on plan submittals. If any such equipment is desired to be installed after initial approval of Lessee’s facility shall receive the Owner’s approval prior to installation. No equipment shall be allowed that will interfere with existing or future airport operations. 10. Walks All pedestrian sidewalks in the hangar area shall be constructed of concrete, at least 4- inches thick and 4-feet wide. Bituminous asphalt, dirt, and gravel walks shall be prohibited. 11. Maintenance All grass, trees, and shrubbery must be kept in good appearance at all times. Snow removal on the portion of apron areas and walkways not maintained by the Fixed Base Operator or City of Middleton shall be the responsibility of the Lessee. All grass must be cut whenever necessary. If the Lessee fails to maintain these areas the Owner reserves the right to maintain them at an additional cost to the Lessee. 12. Utilities Extension of Utilities to the proposed facilities shall be the financial responsibility of the Lessee. All plan submittals shall include sufficient detailed information on all utility Page 4 of 6 ---PAGE BREAK--- designs and design loads, and work shall not be permitted until approved by the Owner. Submittal shall indicate above ground utilities such as, but not limited to, condensers and transformers. Sewer, gas, water, electric, and communication utilities shall be located underground. The Lessee shall be responsible to restore all disturbed areas including pavement and grass areas. All above ground utilities shall be screened to comply with the City of Middleton Landscape Standards. 13. Sign Standards A single sign, which is limited in content to the name, address and occupation of the owner or occupant of the premises, and which does not exceed 1.5 sq.ft. in area, may be displayed in the vicinity of a bi-fold door on the front of a hangar building. In the case of a multiple unit building, one such sign is permitted for each unit. At a minimum, each hangar unit must display the building address assigned by the City. (The address is different from the lot number.) Additional signage requests will be considered by the Plan Commission, but free standing signs will not be allowed. All signs must adhere to the requirements specified in the City of Middleton Sign Code. All hangar sign plans shall be submitted to the City of Middleton for review and approval prior to construction or installation. The Plan Commission shall also review and approve sign requests in regards to Airport operational considerations upon consultation with the airport manager. The City may require additional addressing to be displayed if required by emergency service providers. 14. Building Plans The drawings furnished to the Owner are to indicate the intent of the Lessee as to the type of building construction desired, the dimensions shown on floor plan drawings and the height dimension shown on the drawings shall not be changed without the written approval of the Owner. Drawing shall include an architectural view of all four sides of building. The Owner must review a complete set of plans and specifications before approval is granted. The submittal must bear the seal of a Professional Engineer or Architect, Registered in the State of Wisconsin, thereby certifying that the structural design of the building meets all the requirements of the current Wisconsin Commercial Building Code. 15. Exterior Materials The front, rear, and sides of all buildings shall be faced with materials approved by the City of Middleton. The materials may include metal, decorative masonry, glass and concrete block units, or a combination thereof. The front, rear, and sides of all buildings shall be of similar design and aesthetic. Roofs shall be metal. Building colors shall be approved by the City of Middleton. All building colors shall be white or light earth tones. Color sample(s) shall be provided with hangar plan submittals. Building glazing shall not cause glare or reflectors that will interfere with airport operations or ground circulation. Page 5 of 6 ---PAGE BREAK--- 16. Roof Pitches Roof pitches of individual or multi-unit hangar buildings constructed on lots sized to accommodate structures of approximately 40’ or 50’ in depth shall have a 4:12 slope (rise- run). Roof pitches of individual or multi-unit hangar buildings on larger lots shall have either a ½:12 or 4:12 slope. All hangars constructed on the west side of Taxilane A shall have gable roofs that are oriented north-south (with the ridge-line running east-west) in order to achieve a uniform appearance from Airport Road. Shed or gable roofs are permitted for all other hangars. The Plan Commission shall consider any request to vary a roof pitch from these standards. 17. Lighting Exterior lighting, if present, shall be located on building and shall illuminate the building exterior sufficient for safety and security. Cut-off type fixtures shall be used to prevent disturbance of airport operations. All lighting shall be high-pressure sodium and shall not create a vision hazard to aircraft movement or persons on foot. Light fixtures that face a taxilane shall not exceed 0.5 footcandles at the edge of the taxilane. Plan submittal shall include exterior lighting information including location. All other lighting shall conform with city ordinance and the city’s specifications and standards for off-street parking areas. 18. Compliance with Building Codes The building codes and restrictions for buildings and structures at the Airport shall run with the land and be binding to all parties and all persons on Airport property. Those procedures and processes shall describe the enforcement of the building codes and restrictions contained herein in the lease agreement between Lessee and the Owner. All buildings constructed, erected, or placed upon any lot within the borders of the Airport shall conform to all government zoning and use requirements. All Building and structures shall comply with all current federal, state and local requirements. 19. Invalidation Invalidation of any one of these covenants, codes, or restrictions contained within this document, by judgment or court order, shall in no way affect any other provisions herein, which shall remain in full force and effect. 20. Variances The City of Middleton Plan Commission shall consider and may grant a variance to these covenants, conditions and restrictions. Request for variance must include a full explanation why these codes or requirements cannot be fully met. Page 6 of 6