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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: RAGE DPA 4-3-0-0 | 3rd Read 17-10-2-0House: COM DPA 6-3-0-1 |
SB 1353: municipal development; permits; review
Sponsor: Senator Gowan, LD 19
Caucus & COW
Overview
Authorizes third party reviews of single-family residential building permit applications and modifies municipal licensing time frame requirements.
History
Municipalities must post time frames during which the municipality will either grant or deny each license required by an ordinance or code, with specified exceptions. The overall timeframe must separately state the administrative completeness review timeframe and the substantive review timeframe. During the substantive review timeframe, a municipality may make: 1) one comprehensive request for corrections; and 2) supplemental requests for corrections limited to previously identified issues, if the applicant fails to resolve an issue identified in the comprehensive request for corrections. The substantive review timeframe and overall timeframe are suspended from the date a request for corrections is issued until the date the municipality receives the corrections. A municipality may consider an application withdrawn if, by 30 days or more after the date of notice, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period. If a municipality does not issue the applicant a written or electronic notice granting or denying a license within the overall time frame or within mutually agreed on time frame extension, the municipality must refund to the applicant all fees charged for reviewing and acting on the application for the license and excuse payment of any fees that have not yet been paid (A.R.S. § 9-835).
Provisions
Third Party Reviews Building Permits
1. Stipulates, for municipalities that do not approve, conditionally approve or respond to an application for a single-family residential building permit within 15 working days of submittal, any required review of the application may be performed by a qualified third party selected by the municipality. (Sec. 2)
2. Instructs the municipality to maintain a list of eligible third-party reviewers to be hired by the municipality. (Sec. 2)
3. Provides requirements for a third party who reviews a single-family residential building permit application. (Sec. 2)
4. Prohibits a municipality from requesting or requiring an applicant to waive a deadline or other required procedure. (Sec. 2)
5. Allows an applicant to appeal a decision made by the municipality to approve, conditionally approve or deny a single-family residential building permit application. (Sec. 2)
6. Specifies a municipality that issues a permit, approval or certificate of occupancy after a third-party plan review has immunity as prescribed. (Sec. 2)
7. Specifies the applicant is responsible for any fees and costs associated with a third-party review and must pay the fees and costs to the municipality. (Sec. 2)
8. Specifies the third-party review provisions do not:
a) apply to applications required to comply with a hillside development ordinance or for floodplain reviews; and
b) modify the authority of a building official to withhold a certificate of occupancy in accordance with the municipality's adopted codes and ordinances. (Sec. 2)
9. Defines an application. (Sec. 2)
Licensing Time Frames
10. Includes statute relating to time limitation for validity of signatures on a petition for annexation as a factor a municipality must consider when establishing licensing time frames. (Sec. 3)
11. Requires a municipality to, within 10 working days after a request by the applicant, meet or discuss with the applicant the request for corrections and provide sufficient information to allow the applicant to provide the requested corrections. (Sec. 3)
12. Prohibits a municipality, except for an application relating to municipal planning or zoning, from denying a residential license application that is necessary for land development or building construction unless:
a) the municipality considers the application withdrawn; or
b) the municipality has notified the applicant and the property owner within 15 days after the submission of the application that the application may be subject to denial because of excessive substantive deficiencies. (Sec. 3)
13. Includes additional municipal actions which would require a refund of all fees charged for reviewing and acting on the license application. (Sec. 3)
14. Prohibits a municipality from modifying, rescinding, or requesting any subsequent modifications or revisions to an approved plan or permit for land development or building construction if such construction is done in accordance with the approved plan or permit unless the modification, rescission or revision meets specific criteria. (Sec. 3)
15. Eliminates the exemption of licensing time frame requirements for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned communities. (Sec. 3)
Miscellaneous
16. Authorizes a municipality to hold the issuance of a certificate of occupancy as a security for assuring the installation of certain utilities and improvements meet established standards of design and construction. (Sec. 1)
Amendments
Committee on Commerce
1. Makes clarifying changes.
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5. SB 1353
6. Initials PB Page 0 Caucus & COW
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