§ 9-1-5 Administration.
A. PROCEDURES AND CONDITIONS OF APPROVAL.
1. The City Engineer, or his or her designee, shall review the sound attenuation plan and its proposed improvements for compliance with the intent of this Overlay District.
2. The approval of the sound attenuation plan shall occur prior to any rezoning, use permit, or site plan approval.
3. Notwithstanding the approval of a particular sound attenuation plan, where changed conditions or circumstances have occurred, any property owner (or its successor in interest) for whom a sound attenuation plan has been approved, may apply to the City Engineer, or his or her designee, to amend the plan. Changed conditions or circumstances may include, without limitation, changes in the location, grade, or design of a proposed Freeway, changes in the proposed land use adjacent to the Freeway, or any changes significantly affecting the noise analysis of the subject property.
B. PROVISIONS FOR “IN LIEU OF” PAYMENT.
1. Subject to the approval of the City Engineer, or his or her designee, a development shall have the option of complying with an approved sound attenuation plan (or a portion thereof) by placing on deposit with the City for deposit in an interest bearing account (with interest to accrue to and be made part of such deposit) a sum equivalent to the cost of the applicable noise mitigation measures specified in the plan, in lieu of actual construction of any particular such measures for which a deposit is made. This deposit shall be made prior to recordation of the final plat, or prior to issuance of a building permit for a project with an approved site plan or use permit, and except to the extent expended for the noise mitigation measures specified, shall be reimbursed to the party making the deposit, upon the earlier to occur of:
a. a determination by the Arizona Department of Transportation (ADOT), the Maricopa County Department of Transportation (MCDOT), or other applicable governmental authority not to construct or extend the Freeway, including any redesignation reducing the status from Freeway to some other roadway, in the proximity of the subject property; or
b. a change in the location or alignment of the Freeway (or right-of-way boundaries) as a result of which the subject property ceases to be within the Freeway proximity for which this Ordinance requires a sound attenuation plan; or
c. that date which is twenty (20) years after the date of deposit (the “Reimbursement Date”), unless on or prior to the Reimbursement Date, ADOT, MCDOT, or other applicable governmental authority confirms in writing the continued plan for a Freeway within the proximity to the subject property for which this Ordinance requires a sound attenuation plan, in which event the Reimbursement Date shall be extended up to an additional ten (10) years from the date of such confirmation. In no event may the Reimbursement Date be extended beyond the date which is thirty (30) years after the date of the deposit.
C. APPEAL PROCESS.
1. If the City Engineer, or his or her designee, determines that the sound attenuation plan (including a proposed amended plan) does not meet the intent of this Overlay District that decision may be appealed to the City Council within forty-five (45) days of the decision. (Am. Ord. 23-1589, passed 9-25-23)