A. The Raleigh-Durham Airport Authority shall have the opportunity to review applications for a special use permit, variance, zoning map change, subdivision, or site plan approval within the airport overlay prior to a decision by the approving authority. All development shall also comply with the airspace regulations adopted by the Raleigh-Durham Airport Authority. Whenever said airspace regulations impose more stringent requirements or limitations than are required by this Ordinance, the provisions of the airspace regulations shall prevail.

B. Residential development within the Airport Overlay shall demonstrate that aircraft noise exposure within the dwellings shall not exceed decibel levels of 45 Ldn and be certified by an acoustical engineer or a board certified member of the Institute of Noise Control Engineering. Measures for reducing noise exposure may include: orientation of structures, design standards, landscaping, or construction materials used in walls, windows, doors, roofs, floors, or ceilings. Design guidelines for noise reduction are available from publications of the Raleigh-Durham Airport Authority.

C. Residential development within the Airport Overlay shall ensure that purchasers of the dwellings will be notified that the property may be subject to noise exposure from aircraft using Raleigh-Durham Airport. Measures used to notify purchasers may include notices on plats or deeds.

D. Nonconforming uses may be continued subject to the regulations found elsewhere in this Ordinance. However, no building permit shall be issued which would allow a greater hazard (for example: more units, or brighter lighting) to public safety than existed at the time of adoption of this Ordinance.

E. Avigation Easement

The developer of new development in the Airport Overlay-A60 or -A65 shall grant an avigation easement to the Raleigh-Durham Airport Authority for the subject property. A copy of the recorded avigation easement shall be provided to the Planning Director prior to approval of a site plan or preliminary/minor plat for the subject property. The easement must, at a minimum, convey a perpetual right and easement for the free and unobstructed overflight of aircraft over and in the vicinity of the property. The easement must be appurtenant to the property, and must not be subordinated to any other interest such as mortgage or lien.