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Not for Sale

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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-