A. The City encourages any person or entity selling, leasing, or otherwise providing for use of a property within the Transition Zone of the City of Rigby Airport to provide written notice to the buyer, renter, leasing entity, or the property user of the existence of the City of Rigby Airport for the reason that the property may be subject to some of the annoyances and inconveniences associated with proximity to airport operations (for example: noise, vibrations, and odors). The transition area is defined as a one mile radius of the City of Rigby Airport.
The City encourages any person or entity who is providing written disclosure to a buyer, renter, leasing entity, or other property user to use the model Idaho Fair Disclosure Statement as set forth below:
FAIR DISCLOSURE STATEMENT
FAIR DISCLOSURE STATEMENT DISCLOSURES BY (OWNER) (BUYER) OF REAL PROPERTY IN JEFFERSON COUNTY, IDAHO
This is a notification, disclosure, and acknowledgement by (Owner) (Buyer) of real property located in the vicinity of the City of Rigby Municipal Airport in the City of Rigby, Idaho. (Owner) (Buyer) hereby acknowledges the following:
AIRPORT
1) Proximity to the Airport
The subject parcel, located in Section Township Range , is located within the City of Rigby Municipal Airport Transition Area which is defined being located within a one (1) mile radius of the airport. As result, the subject property is located in the airport's Federal Aviation Regulation Part 77 Airspace and one of seven land use zones Airplanes may fly at low elevations over the parcel as they operate to, from, or at the airport. The airport is operational 24 hours per day. Flights may occur at all hours of the day or night.
2) Airspace
The subject parcel property lies under the Airport's FAR Part 77 Airspace and is subject to Federal law and all State and local laws. As such, it may be necessary to clear and keep clear the Airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects. This includes reserving the right of the City or County to; remove or demolish those portions of such buildings, structures, improvements, trees or any other objects which extend into the Airspace; cut to the ground level and remove any trees which extend into the Airspace; the right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said Parcel, and which extend into the Airspace
3) Future Improvements and Aircraft Operations
The airport may wish to expand its facilities and operations in the future. Expansion plans include, but are not limited to those shown on the approved Airport Layout Plan (ALP). These improvements may result in increased aircraft operations, operations by larger aircraft, and increased nighttime operations which could increase the noise levels within the vicinity of the airport.
4) Disclosure of Airport Impacts
Due to the proximity of the parcel to the City of Rigby Municipal Airport and the airport's Transition Area; owner(s) / buyer(s) should expect frequent overflight and varying degrees of noise and other impacts from these overflying aircraft, which some persons may find intrusive. Further, owner(s)/buyer(s) should expect varying degrees of vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on or at public airport facilities.
CERTIFICATION
This undersigned owner(s) / purchaser(s) of said parcel of land certify(ies) that (he/she/they) (has/have) read the above disclosure statement and acknowledge(s) the pre or planned existence of the airport named above and the noise and other exposure due to the operation of said airport.
(SIGNED) Date
(Ord. 2017-590, 4-6-2017)