§ 14. Avigation easements.

Any owner of property located wholly or partially in a Noise Zone of 65 dB DNL or greater is encouraged to provide the United States Navy with an avigation easement prior to development of the property, either as a proffer made as part of a conditional zoning application or as part of the subdivision review process. Such avigation easement shall acknowledge the right of the United States Navy to conduct military operations in the airspace above the property and shall include a covenant not to bring legal action for damages or other relief as a result of noise levels from overflights. The avigation easement shall be in a form recommended by the Planning Director and shall be approved by the City Attorney.

(Ord. No. 2933, 3-28-06)

Editor's note— Ord. No. 2906, adopted Dec. 20, 2005, repealed section 14 of the airport noise attenuation and safety ordinance which pertained to effective date and derived from Ord. No. 2290, adopted Aug. 23, 1994. Ord. No. 2933, adopted March 28, 2006, added new provisions to the airport noise attenuation and safety ordinance as § 14.

(Ord. No. 2933, 3-28-06)

Editor's note

Ord. No. 2906, adopted Dec. 20, 2005, repealed section 14 of the airport noise attenuation and safety ordinance which pertained to effective date and derived from Ord. No. 2290, adopted Aug. 23, 1994. Ord. No. 2933, adopted March 28, 2006, added new provisions to the airport noise attenuation and safety ordinance as § 14.