§ 9-359. Notice on plats; affidavit when no subdivision plat required.

(a)

Subdivisions requiring subdivision plat. The recorded subdivision plat of any land located wholly or partially within an airport land use envelope shall include on its face the following statement:

NOTICE: Individual lots or parcels within this subdivision may be located in an airport land use tier and may be subject to use restrictions or increased noise or hazard levels associated with air traffic operations.

(b)

For construction on land not requiring subdivision plat. Prior to the issuance of a permit for construction on or development of property located within any airport land use tier one or tier two that has been platted prior to the effective date of this article, or that is not otherwise required to be platted, an affidavit in the form prescribed by the planning director shall be executed by the owners of the property setting forth, at a minimum, the notice language set forth in section (a) of this section. The department shall record the affidavit in the real property records in the county in which the property is located, at the expense of the affiant.

(c)

Prior to the use of any affidavit form, the city attorney or his designee shall review and approve the affidavit form for legal sufficiency. The affidavit form shall be attached to the permit application as a part thereof, shall include but not be limited to a description of the type of structure or activity for which the permit application is being made and any exhibits referred to therein, and shall be properly sworn to and subscribed before a notary public.

(Ord. No. 08-1052, § 2, 12-3-08; Ord. No. 2011-221, § 5, 3-23-2011)