| 31 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 9-463.01, Arizona Revised Statutes, is amended to read: START_STATUTE9-463.01. Authority A. Pursuant to this article, the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits. B. The legislative body of a municipality shall exercise the authority granted in subsection A of this section by ordinance prescribing: 1. Procedures to be followed in the preparation, submission, review and approval or rejection of all final plats. 2. Standards governing the design of subdivision plats. 3. Minimum requirements and standards for the installation of subdivision streets, sewer and water utilities and improvements as a condition of final plat approval. C. By ordinance, the legislative body of any municipality shall: 1. Require the preparation, submission and approval of a preliminary plat as a condition precedent to submission of a final plat. 2. Establish the procedures to be followed in the preparation, submission, review and approval of preliminary plats. 3. Make requirements as to the form and content of preliminary plats. 4. Either determine that certain lands may not be subdivided, by reason of adverse topography, periodic inundation, adverse soils, subsidence of the earth's surface, high water table, lack of water or other natural or man-made hazard to life or property, or control the lot size, establish special grading and drainage requirements and impose other regulations deemed reasonable and necessary for the public health, safety or general welfare on any lands to be subdivided affected by such characteristics. 5. Require payment of a proper and reasonable fee by the subdivider based upon on the number of lots or parcels on the surface of the land to defray municipal costs of plat review and site inspection. 6. Require the dedication of public streets, sewer and water utility easements or rights-of-way, within the proposed subdivision. 7. Require the preparation and submission of acceptable engineering plans and specifications for the installation of required street, sewer, electric and water utilities, drainage, flood control, adequacy of water and improvements as a condition precedent to recordation of an approved final plat. 8. Require the posting of performance bonds, assurances or such other security as may be appropriate and necessary to assure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction. The municipality may allow an applicant to request a hold on the issuance of a certificate of occupancy as a security required by this paragraph to ASSure the installation of the required streets, sewer, electric and water utilities, drainage, flood control and improvements meetING established standards of design and construction. D. The legislative body of any municipality may require by ordinance that land areas within a subdivision be reserved for parks, recreational facilities, school sites and fire stations subject to the following conditions: 1. The requirement may only be made upon on preliminary plats filed at least thirty days after the adoption of a general or specific plan affecting the land area to be reserved. 2. The required reservations are in accordance with definite principles and standards adopted by the legislative body. 3. The land area reserved shall be of such a size and shape as to permit allow the remainder of the land area of the subdivision within which the reservation is located to develop in an orderly and efficient manner. 4. The land area reserved shall be in such multiples of streets and parcels as to permit allow an efficient division of the reserved area in the event that it is not acquired within the prescribed period. E. The public agency for whose benefit an area has been reserved shall have a period of one year after recording the final subdivision plat to enter into an agreement to acquire such reserved land area. The purchase price shall be the fair market value of the reserved land area at the time of the filing of the preliminary subdivision plat plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including the interest cost incurred on any loan covering such reserved area. F. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in subsection E of this section within such one year one-year period or such extended period as may be mutually agreed upon on by such public agency and the subdivider, the reservation of such area shall terminate. G. The legislative body of every municipality shall comply with this article and applicable state statutes pertaining to the hearing, approval or rejection, and recordation of: 1. Final subdivision plats. 2. Plats filed for the purpose of reverting to acreage of land previously subdivided. 3. Plats filed for the purpose of vacating streets or easements previously dedicated to the public. 4. Plats filed for the purpose of vacating or redescribing lot or parcel boundaries previously recorded. H. Approval of every preliminary and final plat by a legislative body is conditioned upon on compliance by the subdivider with: 1. Rules as may be established by the department of transportation relating to provisions for the safety of entrance upon on and departure from abutting state primary highways. 2. Rules as may be established by a county flood control district relating to the construction or prevention of construction of streets in land established as being subject to periodic inundation. 3. Rules as may be established by the department of health services or a county health department relating to the provision of domestic water supply and sanitary sewage disposal. I. If the subdivision is comprised composed of subdivided lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the final plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576. The legislative body of the municipality shall note on the face of the final plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply, pursuant to section 45-576, or is exempt from the requirement pursuant to section 45-576. J. Except as provided in subsections K and P of this section, if the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the director of water resources has given written notice to the municipality pursuant to section 45-108, subsection H, the final plat shall not be approved unless one of the following applies: 1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 and the subdivider has included the report with the plat. 2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108. K. The legislative body of a municipality that has received written notice from the director of water resources pursuant to section 45-108, subsection H or that has adopted an ordinance pursuant to subsection O of this section may provide by ordinance an exemption from the requirement in subsection J or O of this section for a subdivision that the director of water resources has determined will have an inadequate water supply because the water supply will be transported to the subdivision by motor vehicle or train if all of the following apply: 1. The legislative body determines that there is no feasible alternative water supply for the subdivision and that the transportation of water to the subdivision will not constitute a significant risk to the health and safety of the residents of the subdivision. 2. If the water to be transported to the subdivision will be withdrawn or diverted in the service area of a municipal provider as defined in section 45-561, the municipal provider has consented to the withdrawal or diversion. 3. If the water to be transported is groundwater, the transportation complies with the provisions governing the transportation of groundwater in title 45, chapter 2, article 8. 4. The transportation of water to the subdivision meets any additional conditions imposed by the legislative body. L. A municipality that adopts the exemption authorized by subsection K of this section shall give written notice of the adoption of the exemption, including a certified copy of the ordinance containing the exemption, to the director of water resources, the director of environmental quality and the state real estate commissioner. If the municipality later rescinds the exemption, the municipality shall give written notice of the rescission to the director of water resources, the director of environmental quality and the state real estate commissioner. A municipality that rescinds an exemption adopted pursuant to subsection K of this section shall not readopt the exemption for at least five years after the rescission becomes effective. M. If the legislative body of a municipality approves a subdivision plat pursuant to subsection J, paragraph 1 or 2 or subsection O of this section, the legislative body shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45-108. N. If the legislative body of a municipality approves a subdivision plat pursuant to an exemption authorized by subsection K of this section or granted by the director of water resources pursuant to section 45-108.02 or 45-108.03: 1. The legislative body shall give written notice of the approval to the director of water resources and the director of environmental quality. 2. The legislative body shall include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the legislative body or the director of water resources, whichever applies, has determined that the specific conditions of the exemption were met. If the director subsequently informs the legislative body that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to section 45-108, the legislative body shall record in the county recorder's office a statement disclosing that fact. O. If a municipality has not been given written notice by the director of water resources pursuant to section 45-108, subsection H, the legislative body of the municipality, to protect the public health and safety, may provide by ordinance that, except as provided in subsections K and P of this section, the final plat of a subdivision located in the municipality and outside of an active management area will not be approved by the legislative body unless the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108. Before holding a public hearing to consider whether to enact an ordinance pursuant to this subsection, a municipality shall provide written notice of the hearing to the board of supervisors of the county in which the municipality is located. A municipality that enacts an ordinance pursuant to this subsection shall give written notice of the enactment of the ordinance, including a certified copy of the ordinance, to the director of water resources, the director of environmental quality, the state real estate commissioner and the board of supervisors of the county in which the municipality is located. If a municipality enacts an ordinance pursuant to this subsection, water providers may be eligible to receive monies in a water supply development fund, as otherwise provided by law. P. Subsections J and O of this section do not apply to: 1. A proposed subdivision that the director of water resources has determined will have an inadequate water supply pursuant to section 45-108 if the director grants an exemption for the subdivision pursuant to section 45-108.02 and the exemption has not expired or if the director grants an exemption pursuant to section 45-108.03. 2. A proposed subdivision that received final plat approval from the municipality before the requirement for an adequate water supply became effective in the municipality if the plat has not been materially changed since it received the final plat approval. If changes were made to the plat after the plat received the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If the municipality approves a plat pursuant to this paragraph and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the municipality shall note this on the face of the plat. Q. If the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the municipality has not received written notice pursuant to section 45-108, subsection H and has not adopted an ordinance pursuant to subsection O of this section: 1. If the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or if the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108, the municipality shall note this on the face of the plat if the plat is approved. 2. If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the municipality shall note this on the face of the plat if the plat is approved. R. Every municipality is responsible for the recordation of all final plats approved by the legislative body and shall receive from the subdivider and transmit to the county recorder the recordation fee established by the county recorder. S. Pursuant to provisions of applicable state statutes, the legislative body of any municipality may itself prepare or have prepared a plat for the subdivision of land under municipal ownership. T. The legislative bodies of cities and towns may regulate by ordinance land splits within their corporate limits. Authority granted under this section refers to the determination of division lines, area and shape of the tracts or parcels and does not include authority to regulate the terms or condition of the sale or lease nor does it include the authority to regulate the sale or lease of tracts or parcels that are not the result of land splits as defined in section 9-463. U. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the legislative body, the legislative body of each municipality may expedite the processing of or waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements proportional to the impact of the subdivision. Requirements for dust-controlled access and drainage improvements shall not be waived. END_STATUTE Sec. 2. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-470.01, to read: START_STATUTE9-470.01. Building permits; third-party review; appeals; immunity; applicability; definition A. IF A MUNICIPALITY with a population of thirty thousand persons or more DOES NOT APPROVE, CONDITIONALLY APPROVE or respond with required additions or revisions to an APPLICATION for A single-family residential BUILDING PERMIT within FIFTEEN working DAYs AFTER THE DATE THE APPLICATION IS SUBMITTED, ANY REQUIRED REVIEW OF THE APPLICATION MAY BE PERFORMED BY A QUALIFIED THIRD PARTY selected by the municipality pursuant to the requirements of this section. A MUNICIPALITY shall MAINTAIN A LIST OF AT LEAST THREE THIRD-PARTY REVIEWERS WHO ARE ELIGIBLE TO BE HIRED BY THE MUNICIPALITY TO PERFORM a BUILDING PERMIT APPLICATION REVIEW PURSUANT TO THIS SECTION. THE TIME FRAME PRESCRIBED BY THIS subsection DOES NOT BEGIN UNTIL THE APPLICANT HAS SATISFIED THE FOLLOWING REQUIREMENTS: 1. THE MUNICIPALITY HAS APPROVED CONSTRUCTION DOCUMENTS FOR THE DWELLING TO BE CONSTRUCTED. 2. THE MUNICIPALITY HAS APPROVED VERTICAL CONSTRUCTION ACTIVITIES TO BEGIN IN THE SUBDIVISION IN WHICH THE DWELLING IS TO BE CONSTRUCTED OR, IF THE DWELLING IS NOT TO BE CONSTRUCTED IN A SUBDIVISION, ON THE INDIVIDUAL LOT ON WHICH THE DWELLING IS TO BE CONSTRUCTED. B. A third party WHO REVIEWS A single-family residential BUILdiNG permit application pursuant to this section shall do both of the following: 1. REVIEW THE APPLICATION AND TAKE ALL OTHER RELATED ACTIONS IN ACCORDANCE WITH ALL requirements ADOPTED BY THE MUNICIPALITY WHERE THE APPLICATION WAS SUBMITTED. 2. Notify THE MUNICIPALITY and the applicant OF THE RESULTS OF THE REVIEW. C. A MUNICIPALITY MAY NOT REQUEST OR REQUIRE AN APPLICANT TO WAIVE A DEADLINE OR OTHER PROCEDURE required by this section. D. the applicant MAY APPEAL A DECISION by the municipality TO APPROVE, CONDITIONALLY APPROVE OR Deny A single-family residential building permit APPLICATION. E. A municipality that issues a permit, approval or certificate of occupancy after a third-party plan review pursuant to this section shall have immunity as prescribed in sections 12-820.01 and 12-820.02. F. the applicant is RESPONSIBLE for any fees and costs associated with a third-party review and shall pay the fees and costs to the municipality. G. This section does not apply to applications required to comply with a hillside development ordinance or for floodplain reviews that are required pursuant to federal floodplain regulations. H. this section does not modify the authority of a building official to withhold a certificate of occupancy in accordance with the municipality's adopted codes and ordinances. I. for the purposes of this section, "application": 1. means a plan, permit or other document that is related to building construction and that is necessary for the construction of a single-family residential dwelling unit. 2. does not include either: (a) a certificate of occupancy. (b) a SUBDIVISION PREPLAT. END_STATUTE Sec. 3. Section 9-835, Arizona Revised Statutes, is amended to read: START_STATUTE9-835. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption A. For any new ordinance or code requiring a license, a municipality shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. B. On or before December 31, 2012, A municipality that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. Municipalities shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public. C. In establishing time frames, municipalities shall consider all of the following: 1. The complexity of the licensing subject matter. 2. The resources of the municipality. 3. The economic impact of delay on the regulated community. 4. The impact of the licensing decision on public health and safety. 5. The possible use of volunteers with expertise in the subject matter area. 6. The possible increased use of general licenses for similar types of licensed businesses or facilities. 7. The possible increased cooperation between the municipality and the regulated community. 8. Increased municipal flexibility in structuring the licensing process and personnel including: (a) Adult businesses and other licenses that are related to the first amendment. (b) Master planned communities. (c) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal licenses or approvals from public utilities on residential or commercial development projects. 9. That the substantive review time frames and overall time frames do not include the time required for an applicant to obtain other nonmunicipal licenses or to participate in meetings as required by law. 10. The time frames prescribed in section 9-470.01. D. A municipality shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic notice of administrative completeness or deficiencies. E. If a municipality determines that an application for a license is not administratively complete, the municipality shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. If the municipality issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the municipality receives the missing information from the applicant. The municipality may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the municipality, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. F. If a municipality does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a municipality issues a timely written or electronic notice of deficiencies, an application shall is not be complete until all requested information has been received by the municipality. A municipality may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the municipality, 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. G. During the substantive review time frame, a municipality may make one comprehensive written or electronic request for corrections. If the municipality identifies legal requirements that were not included in the comprehensive request for corrections, the municipality may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. Within ten working days after a request by the applicant, the municipality shall meet or discuss with the applicant the request for corrections and provide sufficient information and instruction to allow the applicant to provide the requested corrections. If the permit sought requires approval of more than one department of the municipality, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the municipality may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a municipality issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality receives the corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to the request for corrections, a municipality may make one additional comprehensive written or electronic request for corrections and may have no not more than an additional fifty per cent percent of the substantive review time frame as established by the municipality for that license to grant or deny the license. Nothing shall prevent communication between a municipality and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. except for an application submitted pursuant to chapter 4, article 6 or 6.1 of this title, a municipality may not deny a residential license application that is necessary for land development or building construction unless the municipality considers the application withdrawn or the municipality has notified the applicant and the property owner within fifteen working days after the submission of the application that the application may be subject to denial because of excessive substantive deficiencies. A municipality may consider an application withdrawn if, by thirty days or more after the date of notice, as established by the municipality, 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. H. Nothing shall prevent the municipality from continuing to process the application during the suspension of the substantive review time frame and overall time frame. I. By mutual written or electronic agreement, a municipality and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty per cent percent of the overall time frame. J. Unless a municipality and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I of this section, a municipality shall issue a written or electronic notice granting or denying a license to an applicant. If a municipality denies or withdraws an application for a license, the municipality shall include in the written or electronic notice at least the following information: 1. Justification for the denial or withdrawal with references to the statutes, ordinances, codes or substantive policy statements on which the denial or withdrawal is based. 2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a municipal contact person who can answer questions regarding the appeals process. 3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which those fees were calculated. K. If a municipality makes more than one comprehensive written or ELECTRONIC request for corrections and one supplemental written or electronic request for corrections TO A LICENSE APPLICATION NECESSARY FOR RESIDENTIAL BUILDING CONSTRUCTION OR LAND DEVELOPMENT limited to previously identified issues or in response to modifications made by the applicant or does not issue the applicant the written or electronic notice granting, conditionally granting or denying a license within the overall time frame or within the mutually agreed on time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The municipality shall continue to process the application. Notwithstanding any other statute, the municipality shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by an applicant. L. If an application for a license is denied and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the municipality shall not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the municipality shall not assess any additional application fees that exceed fifty per cent percent of the original applicant application fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. N. A municipality may not modify, RESCIND or request any subsequent modifications or revisions to an approved plan or permit for residential land development or residential building construction during construction if the construction is done in accordance with the approved plan or permit unless The modification, rescission or revision is Any of the following: 1. Required to address a field condition that was unknown when the plan or PERMIT was reviewed. 2. made at the request of the applicant, the applicant's designee or a subsequent owner or owner's designee if the property that is the subject of the approved plan or permit changes ownership. For the purposes of this paragraph, "applicant" means a person that is seeking approval or has received approval from a municipality for construction or land development activities. 3. made by the municipality to correct noncompliance with a code requirement UNLESS the code requirement was identified before the plan was approved and the municipality made a decision or interpretation on which the approval was based. N. O. This section does not apply to a license that is either: 1. issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance. 2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community. O. For the purposes of this section: 1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long-range, multiphase master plan providing comprehensive land use planning and staged implementation and development. 2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. END_STATUTE |
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| 69 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 9-463.01, Arizona Revised Statutes, is amended to read: START_STATUTE9-463.01. Authority A. Pursuant to this article, the legislative body of every municipality shall regulate the subdivision of all lands within its corporate limits. B. The legislative body of a municipality shall exercise the authority granted in subsection A of this section by ordinance prescribing: 1. Procedures to be followed in the preparation, submission, review and approval or rejection of all final plats. 2. Standards governing the design of subdivision plats. 3. Minimum requirements and standards for the installation of subdivision streets, sewer and water utilities and improvements as a condition of final plat approval. C. By ordinance, the legislative body of any municipality shall: 1. Require the preparation, submission and approval of a preliminary plat as a condition precedent to submission of a final plat. 2. Establish the procedures to be followed in the preparation, submission, review and approval of preliminary plats. 3. Make requirements as to the form and content of preliminary plats. 4. Either determine that certain lands may not be subdivided, by reason of adverse topography, periodic inundation, adverse soils, subsidence of the earth's surface, high water table, lack of water or other natural or man-made hazard to life or property, or control the lot size, establish special grading and drainage requirements and impose other regulations deemed reasonable and necessary for the public health, safety or general welfare on any lands to be subdivided affected by such characteristics. 5. Require payment of a proper and reasonable fee by the subdivider based upon on the number of lots or parcels on the surface of the land to defray municipal costs of plat review and site inspection. 6. Require the dedication of public streets, sewer and water utility easements or rights-of-way, within the proposed subdivision. 7. Require the preparation and submission of acceptable engineering plans and specifications for the installation of required street, sewer, electric and water utilities, drainage, flood control, adequacy of water and improvements as a condition precedent to recordation of an approved final plat. 8. Require the posting of performance bonds, assurances or such other security as may be appropriate and necessary to assure the installation of required street, sewer, electric and water utilities, drainage, flood control and improvements meeting established minimum standards of design and construction. The municipality may hold the issuance of a certificate of occupancy as a security to ASSure the installation of the required streets, sewer, electric and water utilities, drainage, flood control and improvements meetING established standards of design and construction. D. The legislative body of any municipality may require by ordinance that land areas within a subdivision be reserved for parks, recreational facilities, school sites and fire stations subject to the following conditions: 1. The requirement may only be made upon on preliminary plats filed at least thirty days after the adoption of a general or specific plan affecting the land area to be reserved. 2. The required reservations are in accordance with definite principles and standards adopted by the legislative body. 3. The land area reserved shall be of such a size and shape as to permit allow the remainder of the land area of the subdivision within which the reservation is located to develop in an orderly and efficient manner. 4. The land area reserved shall be in such multiples of streets and parcels as to permit allow an efficient division of the reserved area in the event that it is not acquired within the prescribed period. E. The public agency for whose benefit an area has been reserved shall have a period of one year after recording the final subdivision plat to enter into an agreement to acquire such reserved land area. The purchase price shall be the fair market value of the reserved land area at the time of the filing of the preliminary subdivision plat plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including the interest cost incurred on any loan covering such reserved area. F. If the public agency for whose benefit an area has been reserved does not exercise the reservation agreement set forth in subsection E of this section within such one year one-year period or such extended period as may be mutually agreed upon on by such public agency and the subdivider, the reservation of such area shall terminate. G. The legislative body of every municipality shall comply with this article and applicable state statutes pertaining to the hearing, approval or rejection, and recordation of: 1. Final subdivision plats. 2. Plats filed for the purpose of reverting to acreage of land previously subdivided. 3. Plats filed for the purpose of vacating streets or easements previously dedicated to the public. 4. Plats filed for the purpose of vacating or redescribing lot or parcel boundaries previously recorded. H. Approval of every preliminary and final plat by a legislative body is conditioned upon on compliance by the subdivider with: 1. Rules as may be established by the department of transportation relating to provisions for the safety of entrance upon on and departure from abutting state primary highways. 2. Rules as may be established by a county flood control district relating to the construction or prevention of construction of streets in land established as being subject to periodic inundation. 3. Rules as may be established by the department of health services or a county health department relating to the provision of domestic water supply and sanitary sewage disposal. I. If the subdivision is comprised composed of subdivided lands, as defined in section 32-2101, and is within an active management area, as defined in section 45-402, the final plat shall not be approved unless it is accompanied by a certificate of assured water supply issued by the director of water resources, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576. The legislative body of the municipality shall note on the face of the final plat that a certificate of assured water supply has been submitted with the plat or that the subdivider has obtained a written commitment of water service for the proposed subdivision from a city, town or private water company designated as having an assured water supply, pursuant to section 45-576, or is exempt from the requirement pursuant to section 45-576. J. Except as provided in subsections K and P of this section, if the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the director of water resources has given written notice to the municipality pursuant to section 45-108, subsection H, the final plat shall not be approved unless one of the following applies: 1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 and the subdivider has included the report with the plat. 2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108. K. The legislative body of a municipality that has received written notice from the director of water resources pursuant to section 45-108, subsection H or that has adopted an ordinance pursuant to subsection O of this section may provide by ordinance an exemption from the requirement in subsection J or O of this section for a subdivision that the director of water resources has determined will have an inadequate water supply because the water supply will be transported to the subdivision by motor vehicle or train if all of the following apply: 1. The legislative body determines that there is no feasible alternative water supply for the subdivision and that the transportation of water to the subdivision will not constitute a significant risk to the health and safety of the residents of the subdivision. 2. If the water to be transported to the subdivision will be withdrawn or diverted in the service area of a municipal provider as defined in section 45-561, the municipal provider has consented to the withdrawal or diversion. 3. If the water to be transported is groundwater, the transportation complies with the provisions governing the transportation of groundwater in title 45, chapter 2, article 8. 4. The transportation of water to the subdivision meets any additional conditions imposed by the legislative body. L. A municipality that adopts the exemption authorized by subsection K of this section shall give written notice of the adoption of the exemption, including a certified copy of the ordinance containing the exemption, to the director of water resources, the director of environmental quality and the state real estate commissioner. If the municipality later rescinds the exemption, the municipality shall give written notice of the rescission to the director of water resources, the director of environmental quality and the state real estate commissioner. A municipality that rescinds an exemption adopted pursuant to subsection K of this section shall not readopt the exemption for at least five years after the rescission becomes effective. M. If the legislative body of a municipality approves a subdivision plat pursuant to subsection J, paragraph 1 or 2 or subsection O of this section, the legislative body shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to section 45-108. N. If the legislative body of a municipality approves a subdivision plat pursuant to an exemption authorized by subsection K of this section or granted by the director of water resources pursuant to section 45-108.02 or 45-108.03: 1. The legislative body shall give written notice of the approval to the director of water resources and the director of environmental quality. 2. The legislative body shall include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the legislative body or the director of water resources, whichever applies, has determined that the specific conditions of the exemption were met. If the director subsequently informs the legislative body that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to section 45-108, the legislative body shall record in the county recorder's office a statement disclosing that fact. O. If a municipality has not been given written notice by the director of water resources pursuant to section 45-108, subsection H, the legislative body of the municipality, to protect the public health and safety, may provide by ordinance that, except as provided in subsections K and P of this section, the final plat of a subdivision located in the municipality and outside of an active management area will not be approved by the legislative body unless the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108. Before holding a public hearing to consider whether to enact an ordinance pursuant to this subsection, a municipality shall provide written notice of the hearing to the board of supervisors of the county in which the municipality is located. A municipality that enacts an ordinance pursuant to this subsection shall give written notice of the enactment of the ordinance, including a certified copy of the ordinance, to the director of water resources, the director of environmental quality, the state real estate commissioner and the board of supervisors of the county in which the municipality is located. If a municipality enacts an ordinance pursuant to this subsection, water providers may be eligible to receive monies in a water supply development fund, as otherwise provided by law. P. Subsections J and O of this section do not apply to: 1. A proposed subdivision that the director of water resources has determined will have an inadequate water supply pursuant to section 45-108 if the director grants an exemption for the subdivision pursuant to section 45-108.02 and the exemption has not expired or if the director grants an exemption pursuant to section 45-108.03. 2. A proposed subdivision that received final plat approval from the municipality before the requirement for an adequate water supply became effective in the municipality if the plat has not been materially changed since it received the final plat approval. If changes were made to the plat after the plat received the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If the municipality approves a plat pursuant to this paragraph and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the municipality shall note this on the face of the plat. Q. If the subdivision is composed of subdivided lands as defined in section 32-2101 outside of an active management area and the municipality has not received written notice pursuant to section 45-108, subsection H and has not adopted an ordinance pursuant to subsection O of this section: 1. If the director of water resources has determined that there is an adequate water supply for the subdivision pursuant to section 45-108 or if the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108, the municipality shall note this on the face of the plat if the plat is approved. 2. If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the municipality shall note this on the face of the plat if the plat is approved. R. Every municipality is responsible for the recordation of all final plats approved by the legislative body and shall receive from the subdivider and transmit to the county recorder the recordation fee established by the county recorder. S. Pursuant to provisions of applicable state statutes, the legislative body of any municipality may itself prepare or have prepared a plat for the subdivision of land under municipal ownership. T. The legislative bodies of cities and towns may regulate by ordinance land splits within their corporate limits. Authority granted under this section refers to the determination of division lines, area and shape of the tracts or parcels and does not include authority to regulate the terms or condition of the sale or lease nor does it include the authority to regulate the sale or lease of tracts or parcels that are not the result of land splits as defined in section 9-463. U. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the legislative body, the legislative body of each municipality may expedite the processing of or waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements proportional to the impact of the subdivision. Requirements for dust-controlled access and drainage improvements shall not be waived. END_STATUTE Sec. 2. Title 9, chapter 4, article 6.4, Arizona Revised Statutes, is amended by adding section 9-470.01, to read: START_STATUTE9-470.01. Building permits; third-party review; appeals; immunity; applicability; definition A. IF A MUNICIPALITY DOES NOT APPROVE, CONDITIONALLY APPROVE or respond with required additions or revisions to an APPLICATION for A single-family residential BUILDING PERMIT within FIFTEEN working DAYs AFTER THE DATE THE APPLICATION IS SUBMITTED, ANY REQUIRED REVIEW OF THE APPLICATION MAY BE PERFORMED BY A QUALIFIED THIRD PARTY selected by the applicant pursuant to the requirements of this section. The qualified third party selected by the applicant may not be THE APPLICANT, A PERSON WHOSE WORK IS THE SUBJECT OF THE APPLICATION or a person with a financial or proprietary interest in the application or property that is the subject of the application other than compensation for the work performed pursuant to this section. a QUALIFIED THIRD PARTY SELECTED BY THE APPLICANT may be any of the following: 1. A person who is employed by a third-party vendor identified on a list of approved vendors by the municipality if the list of approved vendors has more than one vendor. 2. AN ENGINEER OR ARCHITECT who is registered pursuant to TITLE 32, CHAPTER 1. 3. a PERSON who is certified by an international council on model codes and standards for building safety with a credential specific to the residential code on single-family dwelling construction and who attends a class offered by the municipality that exclusively reviews the municipality's adopted code amendments related to single-family dwelling construction, if the municipality requires the person to attend the class and if the class is offered by the municipality at least once a year. B. A third party WHO REVIEWS A single-family residential BUILdiNG permit application pursuant to this section shall do both of the following: 1. REVIEW THE APPLICATION AND TAKE ALL OTHER RELATED ACTIONS IN ACCORDANCE WITH ALL requirements ADOPTED BY THE MUNICIPALITY WHERE THE APPLICATION WAS SUBMITTED. 2. Notify THE MUNICIPALITY and the applicant OF THE RESULTS OF THE REVIEW. C. A MUNICIPALITY MAY PRESCRIBE A REASONABLE FORMAT FOR THE NOTICE REQUIRED BY SUBSECTION b of this section. D. A MUNICIPALITY MAY NOT REQUEST OR REQUIRE AN APPLICANT TO WAIVE A DEADLINE OR OTHER PROCEDURE required by this section. E. the applicant MAY APPEAL any of the following: 1. A DECISION by the municipality TO APPROVE, CONDITIONALLY APPROVE OR Deny A single-family residential building permit APPLICATION. 2. A decision made by a qualified third party that is authorized pursuant to subsection a of this section to review a single-family residential building permit application. 3. The results of an inspection conducted by the municipality. F. An appeal filed pursuant to subsection e of this section shall BE FILED in the manner required by the municipality WITHIN FIFTEEN working DAYS after the date of the decision or result being appealed. if a decision is not rendered within sixty working days after THE APPEAL is FILED, THE APPLICATION THAT IS THE SUBJECT OF THE APPEAL SHALL BE DEEMED APPROVED OR THE INSPECTION THAT IS THE SUBJECT OF THE APPEAL IS WAIVED. G. A municipality that issues a permit, approval or certificate of occupancy after a third-party plan review pursuant to this section shall have immunity as prescribed in sections 12-820.01 and 12-820.02. H. the applicant is RESPONSIBLE for any fees and costs associated with a third-party review and shall pay the fees and costs either directly to the third-party vendor or in an agreed alternative manner. The municipality is not responsible for assessing or collecting any fees or costs associated with a third-party review conducted pursuant to this section. I. This section does not apply to applications required to comply with a hillside development ordinance or for floodplain reviews that are required pursuant to federal floodplain regulations. J. this section does not modify the authority of a building official to withhold a certificate of occupancy in accordance with the municipality's adopted codes and ordinances. K. for the purposes of this section, "application": 1. means a plan, permit or other document that is related to building construction and that is necessary for the construction of a single-family residential dwelling unit. 2. does not include a certificate of occupancy. END_STATUTE Sec. 3. Section 9-835, Arizona Revised Statutes, is amended to read: START_STATUTE9-835. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption; definition A. For any new ordinance or code requiring a license, a municipality shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. B. On or before December 31, 2012, A municipality that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. Municipalities shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public. C. In establishing time frames, municipalities shall consider all of the following: 1. The complexity of the licensing subject matter. 2. The resources of the municipality. 3. The economic impact of delay on the regulated community. 4. The impact of the licensing decision on public health and safety. 5. The possible use of volunteers with expertise in the subject matter area. 6. The possible increased use of general licenses for similar types of licensed businesses or facilities. 7. The possible increased cooperation between the municipality and the regulated community. 8. Increased municipal flexibility in structuring the licensing process and personnel including: (a) Adult businesses and other licenses that are related to the first amendment. (b) Master planned communities. (c) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal licenses or approvals from public utilities on residential or commercial development projects. 9. That the substantive review time frames and overall time frames do not include the time required for an applicant to obtain other nonmunicipal licenses or to participate in meetings as required by law. 10. The time frames prescribed in section 9-470.01. D. A municipality shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic notice of administrative completeness or deficiencies. E. If a municipality determines that an application for a license is not administratively complete, the municipality shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. If the municipality issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the municipality receives the missing information from the applicant. The municipality may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the municipality, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. F. If a municipality does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a municipality issues a timely written or electronic notice of deficiencies, an application shall is not be complete until all requested information has been received by the municipality. A municipality may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the municipality, 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. G. During the substantive review time frame, a municipality may make one comprehensive written or electronic request for corrections. If the municipality identifies legal requirements that were not included in the comprehensive request for corrections, the municipality may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. Within ten working days after a request by the applicant, the municipality shall meet or discuss with the applicant the request for corrections and provide sufficient information and instruction to allow the applicant to provide the requested corrections. If the permit sought requires approval of more than one department of the municipality, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the municipality may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a municipality issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality receives the corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to the request for corrections, a municipality may make one additional comprehensive written or electronic request for corrections and may have no not more than an additional fifty per cent percent of the substantive review time frame as established by the municipality for that license to grant or deny the license. Nothing shall prevent communication between a municipality and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. except for an application submitted pursuant to chapter 4, article 6 or 6.1 of this title, a municipality may not deny a license application that is necessary for land development or building construction unless the municipality considers the application withdrawn. A municipality may consider an application withdrawn if, by thirty days or more after the date of notice, as established by the municipality, 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. H. Nothing shall prevent the municipality from continuing to process the application during the suspension of the substantive review time frame and overall time frame. I. By mutual written or electronic agreement, a municipality and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty per cent percent of the overall time frame. J. Unless a municipality and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I of this section, a municipality shall issue a written or electronic notice granting or denying a license to an applicant. If a municipality denies or withdraws an application for a license, the municipality shall include in the written or electronic notice at least the following information: 1. Justification for the denial or withdrawal with references to the statutes, ordinances, codes or substantive policy statements on which the denial or withdrawal is based. 2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a municipal contact person who can answer questions regarding the appeals process. 3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which those fees were calculated. K. If a municipality makes more than one comprehensive written or ELECTRONIC request for corrections and one supplemental written or electronic request for corrections limited to previously identified issues or in response to modifications made by the applicant or does not issue the applicant the written or electronic notice granting, conditionally granting or denying a license within the overall time frame or within the mutually agreed on time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The municipality shall continue to process the application. Notwithstanding any other statute, the municipality shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by an applicant. L. If an application for a license is denied and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the municipality shall not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the municipality shall not assess any additional application fees that exceed fifty per cent percent of the original applicant application fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. N. A municipality may not modify, RESCIND or request any subsequent modifications or revisions to an approved plan or permit for land development or building construction during construction if the construction is done in accordance with the approved plan or permit unless The modification, rescission or revision is Any of the following: 1. Required to address a field condition that was unknown when the plan or PERMIT was reviewed. 2. Is made at the request of the applicant, the applicant's designee or a subsequent owner or owner's designee if the property that is the subject of the approved plan or permit changes ownership. For the purposes of this paragraph, "applicant" means a person that is seeking approval or has received approval from a municipality for construction or land development activities. 3. Is made by the municipality to correct noncompliance with an objective code requirement that was not identified by a third party who conducted a plan review pursuant to section 9-470.01. Any ambiguity or necessary interpretation shall be construed in favor of the approved plan or permit. N. O. This section does not apply to a license that is either: 1. issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance. 2. Necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, subdivisions or master planned community. O. For the purposes of this section: 1. "Master planned community" means development by one or more developers of real estate that consists of residential, commercial, education, health care, open space and recreational components and that is developed pursuant to a long-range, multiphase master plan providing comprehensive land use planning and staged implementation and development. 2. "Subdivision" means improved or unimproved land or lands divided for the purposes of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property that is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. Subdivision includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. P. For the purposes of this section, "objective" means involving no personal or subjective judgment and being uniformly verifiable by reference to an external and uniform benchmark, standard or criterion that is available and knowable to the applicant at the time the plans were submitted. END_STATUTE |
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