 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
administrative review; approvals; developments
Purpose
Allows the legislative body of a municipality or county, by ordinance, to authorize administrative personnel to review and approve site plans, development plans, preliminary plats, land divisions, lot line adjustments, lot ties, plat amendments or final plats and design review plans based on objective standards without a public hearing.
Background
A municipality's legislative body must regulate the subdivision of all lands within its corporate limits and exercise its authority by ordinance to prescribe: 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; and 3) minimum requirements and standards for installation of subdivision streets, sewer and water utilities and improvements as a condition of final plat approval (A.R.S. § 9-463.01). If a municipality has a planning commission, the planning commission must hold at least one public hearing on a specific plan or regulation prior to any hearing by the legislative body (A.R.S. § 9-461.09).
The county board of supervisors (county BOS), must plan and provide for future growth and improvement of the county, coordinate all public improvements to the plan, form a planning and zoning commission and adopt and enforce the rules, regulations, ordinances and plans (A.R.S. § 11-802).
A preliminary plat is a preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with any applicable local ordinance. A final plat is a map of all or part of a subdivision essentially conforming to an approved preliminary plat, prepared in accordance with any applicable local ordinance and other state statute (A.R.S. § 9-463).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the legislative body of a city, town or county by ordinance to:
a) without a public hearing, authorize administrative personnel to review and approve site plans, development plans, preliminary plats, land divisions, lot line adjustments, lot ties, plat amendments or final plats and design review plans based on objective standards;
b)
adopt a self-certification program
allowing architects and professional engineers to certify and be responsible
for compliance with all applicable ordinances and construction standards for
projects that the ordinance identifies as being qualified for
self-certification;
c) allow at-risk submittals for certain on-site preliminary grading, drainage work or infrastructure; and
2. Subjects applications for a license to the statutes governing the license application process and license review time frames.
3. Defines objective as not influenced by the personal interpretation, taste or feelings of a municipal or county employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Allows the county BOS to, by ordinance, authorize administrative personnel to review the specified plans and plats without a public hearing.
Amendments Adopted by Committee of the Whole
1. Allows the legislative body of a city, town or county to authorize administrative personnel to review and approve land divisions, lot line adjustments, lot ties and plat amendments without a public hearing.
2. Allows the legislative body of a city, town or county to allow at-risk submittals for certain infrastructure.
Amendments Adopted by the House of Representatives
· Modifies the definition of objective to apply to counties in addition to municipalities.
Senate Action House Action
GOV 2/1/23 DPA 8-0-0 RULES 2/21/23 DP/C&P 8-0-0-0
3rd Read 2/14/23 28-1-1 3rd Read 2/27/23 59-0-1
Prepared by Senate Research
February 28, 2023
AN/SB/slp