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8.1 A.R.S. § 9-835(A) requires the City to have in place an overall time frame during which the City will either grant or deny license applications that are subject to A.R.S. § 9-831 et seq. A.R.S. § 9-835(C) provides for flexibility in structuring the license time frame process. The overall time frame for each type of license must separately provide for (1) an administrative time frame for application completeness, and (2) a substantive time frame for review. The time frames will be posted on the City’s website. The time frame requirements for overall, administrative and substantive review for applicable types of license procedures are listed in Table 3-02 provided below.
8.2 Any new zoning application review provisions must comply with the Compliance Review Policy.
8.3 The beginning of an application completeness review time frame is the date following the actual date an application is submitted to the PDSD.
8.4 The beginning date of the substantive review period is the
following the date of the notice of application completeness.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
9.1 From the date of a notice to the applicant of specific deficiencies in an application, whether on review for completeness of application or substantive review, and the date that the City receives the missing information from the applicant.
9.2 Time for substantive review and overall completion of certain purposes, including any or all of the following delays for:
1. Public hearings;
2.
or
licenses;
3. Approvals from public
on residential or commercial
; or other non-municipal licenses; or
4. Participation in meetings required by law.
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
The City must review applications for both application completeness and substantive compliance. The City must send written notice to the applicant of the application’s status within the mandatory time frames listing all required additional information or corrections. Written notices may be delivered by mail or electronically (the term “notice” as subsequently used in this Compliance Policy includes either type of notice). If the permit sought requires approval of more than one City department, each department may issue separate notices.
(Am. Admin. Directive, 5/14/2013; Am. Admin. Directive 1.02-9, rev. 4/25/2014)
11.1 The City will review an application for administrative completeness. If the City determines that an application is not administratively complete, the City must issue a written notice with a comprehensive list of the specific deficiencies. A.R.S. §§ 9-835(D), 9-835(E). The statute provides for additional written notices of deficiencies based on the applicant’s submission of the missing information.
11.2 The notices of deficiencies must cite all reference to the applicable regulation or policy, and inform the applicant that the City’s mandatory time frame is suspended pending receipt of the requested corrections or any missing information. A.R.S. § 9-835(E).
11.3 If the City fails to provide notice to the applicant of administrative completeness or deficiency, the application is then deemed complete. A.R.S. § 9-835(F).
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
12.1 For substantive reviews of a license application, the City may issue no more than one comprehensive request for corrections, as that term is defined in the A.R.S. § 9-831(7) except as listed below.
12.2 The City may make the following additional requests for corrections:
1. If the City subsequently identifies legal requirements that were not included in the comprehensive request for corrections, the City may amend the comprehensive request for corrections once to include the legal requirements and provide the legal authority for the requirements.
2. If an applicant fails to resolve an issue identified in a request for corrections, the City may make a supplemental written requests for corrections that are limited to issues previously identified in a comprehensive request for corrections.
3. If an applicant requests significant changes, alterations, additions or amendments to an application that are not in response to the request for corrections, the City may make one additional comprehensive request for corrections and may have an additional fifty percent of the substantive review time frame for the license to be granted or denied.
12.3 Nothing in the statute prohibits communication between the City and the applicant regarding a comprehensive request for corrections. A.R.S. § 9-835(H).
12.4 The substantive and overall time frame may be extended by mutual written or electronic agreement. The extensions may not exceed 50% of the overall time frame. For an application requiring more time, the applicant must submit a new application. A.R.S. § 935(I).
(Am. Admin. Directive 1.02-9, rev. 4/25/2014)
13.1 The City must give notice of approval, denial or withdrawal.
13.2 The City may deem an application withdrawn if the applicant does not provide the requested documentation or information, or an explanation why the information cannot be provided within the established time period after:
1. fifteen
from date of the notice of application corrections or deficiencies; or
2. thirty
after the date of the notice of a request for corrections.
13.3 If the notice is for a denial or withdrawal, the notice must include the following:
1. Citations of the pertinent regulations justifying an application denial or withdrawal; and
2. An explanation of the applicant’s rights to appeal the denial or withdrawal, including the number of working
in which the applicant must file an appeal and the telephone number of a municipal; contact person who can answer questions regarding the appeal process; and
3. An explanation of the applicant’s right to resubmit the application, the total amount of fees that will be assessed for reapplication and the method in which those fees are calculated.
13.4 If within the substantive review time frame for a license, and after all permitted comprehensive requests for corrections, the license request is still not in compliance with the City regulations and policies, the application will be denied.
(Admin. Directive 1.02-9, rev. 4/25/2014)
Upon receiving a notice of application denial or withdrawal, the applicant may submit a new application to the City for further reviews. If an application is denied or has been withdrawn, and the applicant resubmits the application for the same purpose with only revisions or corrections to the original, the City may not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. A.R.S. § 9-835(L) and (M).
(Admin. Directive 1.02-9, rev. 4/25/2014)
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