A. Petitions. The following petition procedures apply to an appeal of a written finding of the chief engineer, or to a variance request:
1. An appeal petition may require technical evidence that demonstrates why the appeal should be granted, that contains a concise explanation of all matters in dispute, and that includes any pertinent maps, drawings, data, or other information in support of the appeal. If required, technical evidence shall be prepared and sealed by an Arizona registered civil engineer or, for riparian habitat mitigation appeals, by an Arizona registered landscape architect or other qualified professional.
2. A variance request petition shall state the code section from which the variance is sought, provide technical evidence, if necessary, that demonstrates why the variance request should be granted and shall include any pertinent maps, drawings, data, or other information as to why the variance should be granted. If required, technical evidence shall be prepared and sealed by an Arizona registered civil engineer or, for riparian habitat mitigation appeals, by an Arizona registered landscape architect or other qualified professional.
3. Incomplete petitions shall not be accepted.
a. The chief engineer shall notify the applicant within five working days of receipt whether or not the application is deemed complete.
b. If the application is determined to be incomplete, the applicant shall submit additional materials and information as may be determined to be reasonably necessary by the chief engineer.
B. Report from the Chief Engineer. The chief engineer shall prepare a final report and present the findings to the applicant and the board through the clerk of the board within sixty business days of receipt of the petition. The applicant shall have thirty business days to respond to the findings of the chief engineer. If the response includes new technical information, the chief engineer shall prepare a revised report, and present these findings to the applicant and the board through the clerk of the board within thirty business days of receipt of the new technical information.
C. Hearing. The clerk of the board will schedule a public hearing at the next available board meeting after the response period. Once the hearing is scheduled, no new technical information can be submitted. The board may meet monthly, or at such times as it deems necessary for the transaction of business, including the hearing of appeal and variance petitions.
1. A mailed notification of the hearing to property owners and residents within a minimum distance of three hundred feet of the boundaries of the property shall be provided in order to allow an opportunity to make comments on the appeal or variance request petitions, and
2. The chief engineer may refer appeal or variance requests of a technical nature to the technical review committee. The technical review committee shall hold a hearing to make findings and recommendations to the board within thirty days of receipt of the petition from the chief engineer.
3. The board shall render its decision within thirty business days of the close of the hearing.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999-FC-1 §§ 1 (part) 1999; Ord. 1988-FC2 Art. 16 (B), 1988)