Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 140
140 Aircraft Noise: A Toolkit for Managing Community Expectations
· Deed of Easement (Sound Insulation Program) (Cincinnati, OH) (186) 9-23
· Noise and Avigation Easement and Covenant Not to Sue (Scottsdale, AZ) (187) 9-24
Noise Level/Nuisance Disclosure Statement
Purpose: A disclosure policy requires formal disclosure of noise levels of residential property
located within the noise impacted areas surrounding an airport, typically the 65 DNL and higher,
or within the local flight pattern. The policy is supplemented by information on aircraft noise lev-
els distributed by airport staff to citizens, neighborhood associations, developers, real estate agen-
cies, and lenders. The policy provides actual, or constructive, disclosure to potential residents in
the vicinity of the airport of the likelihood that the property will be subjected to loud aircraft over-
flights. Such disclosure is intended to advise a prospective buyer where the property is located in
relation to current noise exposure contours, allowing them to make an informed purchase deci-
sion. This policy may be implemented by ordinance or through voluntary participation.
In the State of Indiana, a public use airport is defined by state law as a public nuisance that is
allowed to continue operation without threat of nuisance litigation if the airport is operated in
accordance with state aeronautics rules and does not significantly change its hours of operation.
Effectively, the State has determined that it is appropriate to exempt airports "in order to reduce
the potential for the state to lose the benefits to the state's air transportation system that are
provided by airports" (197). 9-25
Limitations: Noise Level/Nuisance Disclosure Statements typically are adopted by the local
jurisdiction and implemented by real estate agents through listing information or by airport staff
through periodic publication of noise exposure maps. Occasionally, an airport will take upon
itself the responsibility for direct notification through mailings or signage. Similar to required
easements, the required noise level and disclosure statements often do not change public atti-
tudes to the airport, particularly in regard to growth or airport expansion issues.
Implemented by: Local jurisdictions and/or the airport.
Public reaction: The public generally views these types of statements as a `taking' of property
because they believe it classifies their property as adversely affected by aircraft noise levels. The
legal basis of this argument is, at the time of writing, unresolved. Realtors frequently object
because the requirement is seen as a property detriment, impeding sale.
Example of Technique for Public Information:
· California Real Estate Transfer Disclosure Statement (198) 9-26
· Public Airport Disclosure Map Phoenix Deer Valley Airport (199) 9-27
· Public Airport Disclosure Map Phoenix Goodyear Airport (200) 9-28
· Public Airport Disclosure Map Phoenix Sky Harbor International Airport (201) 9-29
· Indianapolis Executive Airport Basic Information (202) 9-30
· Indiana Notice of Designation of Noise Sensitive Area (203) requirements of developers for
real estate sales disclosure 9-31
Development Density Restrictions in High Noise Areas
Purpose: In areas of high noise levels, local jurisdictions may prohibit or limit residential land
use to minimize noise impacts. Restrictions may include the prohibition of new residential devel-
