Title 17C Land Use Standards
Chapter 17C.182 Fairchild Overlay Zones
Section 17C.182.700 Avigation Easement Required in MIA 2 and 3/4
- Prior to issuance of certificate of occupancy for a new structure within MIA 2 and 3/4 the awarding of an avigation easement by the property owner(s) to Fairchild AFB shall be required and recorded in the Spokane County auditor’s office. The planning services department shall provide the avigation easement form and such form shall at a minimum provide that the landowner, successors and assigns will not construct structures, install exterior lighting, allow trees to penetrate FAA imaginary surfaces or construct or install improvements that interfere with Fairchild AFB aircraft operations and provide protection to Fairchild AFB against liability for any nuisance caused by aircraft operations due to noise impacts, fumes, vibrations affecting the use and enjoyment of the subject property and allow military aircraft to use the airspace over the subject property. The applicant shall provide the planning services department a copy of the easement agreement with auditor’s recording number indicated thereon and the copy shall be placed in the project file.
- As a condition of preliminary approval of any subdivision, short subdivision or binding site plan located in MIA 2 or 3/4, an avigation easement in the form approved by the planning services department shall be recorded in the Spokane County auditor’s office prior to finalization of subdivision, short subdivision or binding site plan and the easement shall at a minimum provide that, that the landowner, successors and assigns will not construct structures, plant trees, install exterior lighting or any other development that might interfere with Fairchild AFB aircraft operations and provide protection to Fairchild AFB against liability for any nuisance caused by aircraft operations due to noise impacts, fumes, vibrations affecting the use and enjoyment of the subject property and allow military aircraft to use the airspace over the subject property and such easement applies in perpetuity to all property illustrated on the face of the final plat or short plat and as described in the required plat certificate. The wording of the avigation easement shall be acceptable to Fairchild AFB. The applicant shall provide the planning services department a copy of the easement agreement with the auditor’s recording number indicated thereon and the copy shall be filed in the project file.
Date Passed: Monday, April 30, 2012 Effective Date: Saturday, June 16, 2012 ORD C34852 Section 1 |
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