Brown Field Municipal Airport Land Use Compatibility Plan

APPENDIX FSAMPLE IMPLEMENTATION DOCUMENTSon Exhibit F-2. Unlike an avigation easement or other type of easement, an Overflight Notification isnot a conveyance of property rights. However, similar to an easement, an Overflight Notification isrecorded on the property deed and, therefore, remains in effect with sale of the property to subsequentowners. Overflight Notifications are generally appropriate is areas outside the area exposed to 60 dBCommunity Noise Equivalent Level (CNEL), outside safety zones, and within areas where the height ofstructures and other objects would not pose a significant potential of being airspace obstructionhazards.• Real Estate Disclosure—A less definitive, but more all-encompassing, form of buyer awarenessmeasure is for the ALUC and local jurisdictions to establish a policy indicating that information aboutan airport’s influence area should be disclosed to prospective buyers of all airport-vicinity propertiesprior to the transfer of title. The advantage of this type of measure is that it applies to existing landuses as well as new development. The requirement for disclosure of information about the proximity ofan airport has been included in State of California law for some time, but legislation adopted in 2002,which became effective in January 2004, explicitly ties the requirement to the airport influence areasestablished by ALUCs (see Appendix A for excerpts from sections of the Business and ProfessionsCode and Civil Code that define these requirements). With certain exceptions, this legislation requiresdisclosure of a property’s location within an airport influence area under any of the following threecircumstances: (1) sale or lease of subdivided lands; (2) sale of common interest developments; and (3)sale of residential real property. In each case, the disclosure statement to be used is defined by Statelaw as follows:NOTICE OF AIRPORT IN VICINITYThis property is presently located in the vicinity of an airport, withinwhat is known as an airport influence area. For that reason, theproperty may be subject to some of the annoyances or inconveniencesassociated with proximity to airport operations (for example: noise,vibration, or odors). Individual sensitivities to those annoyances canvary from person to person. You may wish to consider what airportannoyances, if any, are associated with the property before youcomplete your purchase and determine whether they are acceptable toyou.F–2Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010