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OCR for page 139
Land Use Management Techniques for Noise Abatement 139 Subdivision Code Modifications Purpose: The purpose of a subdivision code is to establish consistent design criteria for the development of infrastructure and lot sizes to allow for the development of complementary uses within a subdivided area. To manage the compatibility between aircraft noise and noise-sensitive uses, the code may seek the limitation of the number of lots within higher noise levels, restrict the density of development on those lots, or direct that lots exposed to the highest noise levels be dedicated to compatible uses such as open space or nonresidential development. Subdivision plats are frequently used as the mechanism for attaching avigation easements and waivers of claim to the deed, as well as disclosure requirements on sale and transfer of property within any subdivided property as a condition of its approval. Samples of these tools are provided under other sections of this chapter. Limitations: Requires the local jurisdiction to adopt and implement as part of their regulatory documents, and requires local planning agencies having review authority to assure the attach- ment of any necessary covenants that apply within various noise areas. It is incumbent on the airport to assure that noise exposure contours are kept current with the planning agency to assure that their reviews are up to date. Implemented by: Local jurisdictions and planning agencies. Public reaction: Public acceptance of subdivision regulations is typically transparent. These provisions are normally in place prior to the transfer of property and come with covenants already in place. The development community may see all such subdivisions as detrimental to their ability to maximize the return on investment in the development of property. Dedication of Noise and Overflight Easements Purpose: A noise or overflight (avigation) easement may be acquired in one of several ways other than direct purchase. It may be attached and dedicated as a requirement for approval of a development plat or subdivision; it may be required to be dedicated as a condition of a zoning change; or required as a condition of another benefits program. In each case, it grants permis- sion for aircraft to fly over the property, and in most cases to make noise of a given level. It often includes a waiver of claim and requirement for noise level disclosure that runs with the deed. An avigation easement transfers with property ownership. Requirement of easements will increase the flexibility of developer options, but do not prevent the introduction of noise-sensitive uses into areas of significant noise exposure. Limitations: An easement does not mitigate the noise effects on a property, but rather on the property owner for existing or predicted noise levels. The action often does not change public attitudes to the airport, particularly in regard to growth or airport expansion issues. Implemented by: Local jurisdictions and planning authorities, on behalf of the airport. Public reaction: Property owners often object to the requirements for easements as an effort by local government to place limitations on the desirability of the subject property. An aviation easement required as precondition for approval in another benefit may be perceived as signing away property rights to the airport in exchange for those benefits, which the property owner may feel is owed to them with no strings attached. Example of Technique for Public Information: · Sample Avigation Easement (Raleigh, NC) (184) 9-21 · Deed of Easement and Declaration of Protective Covenants (Columbus, OH) (185) 9-22