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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: GOV W/D | COM DP 6-3-1-0 |
HB 2869: municipal development; independent provider review
Sponsor: Representative Way, LD 15
Caucus & COW
Overview
Provides a process for municipal approval of an application and issuance for a building permit.
History
Municipalities, in order to conserve and promote the public health, safety and general welfare, may adopt zoning ordinances that: 1) regulate the use of buildings, structures and land between agriculture residence, industry and business; 2) regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, access to incident solar energy and the intensity of land use; 3) establish requirements for off-street parking and loading; 4) establish and maintain building setback lines; and 5) establish floodplain and age-specific community zoning districts and districts of historical significance (A.R.S. § 9-462.01).
Provisions
1. Allows an applicant to contract with, and provide payment directly to, an independent provider, for whom the applicant has no financial interest in, to review an application or provide a building inspection. (Sec. 1)
2. Prevents the independent provider from providing legal counsel to the applicant. (Sec. 1)
3. Outlines specified information that an applicant must provide to the municipality prior to an independent provider performs a review or inspection. (Sec. 1)
4. Stipulates the municipality must reduce the fee charged for a review or inspection by an amount equal to what the municipality saves by not performing a review or inspection if the applicant retains an independent provider to perform such review or inspection. (Sec. 1)
5. Requires an independent provider to maintain professional liability insurance covering services performed unless the insurance requirement is waived by the municipality. (Sec. 1)
6. Specifies the insurance coverage must have a minimum policy limit of:
a) $2,000,000 per occurrence and $4,000,000 in the aggregate for projects with construction cost of $5,000,000 or less; and
b) $4,000,000 per occurrence and $8,000,000 in the aggregate for projects with construction cost of more than $5,000,000. (Sec. 1)
7. Stipulates a municipality must provide an independent provider or applicant equal access to all relevant documents that would be provided to municipal personnel in completing a review or performing an inspection. (Sec. 1)
8. Requires, for access that is provided by software that protects exempt records, the municipality to provide requested permitting or inspection documents and reports to the independent provider or the applicant on receipt of an electronically submitted request. (Sec. 1)
9. Requires an independent provider in reviewing an application to determine compliance with all applicable municipality requirements. (Sec. 1)
10. Requires an independent provider, on determining application compliance, to submit an affidavit to the municipality certifying application reviewal and conformity with municipality requirements. (Sec. 1)
11. Instructs the municipality to either approve the application or provide a written notice identifying the portions of the application that are not in compliance with applicable municipal codes within five business days after receipt of a reviewed application and required affidavit. (Sec. 1)
12. Deems the application approved and any necessary permits be issued if the municipality neither approves nor provides the required written notice. (Sec. 1)
13. Stipulates, for applicants that resubmit a revised application, the regulatory authority has what remains of the initial five-day review time frame plus one business day to approve the application and issue the requested building permit or provide a second written notice identifying which portions remain in noncompliance. (Sec. 1)
14. Deems the resubmitted application approved and any necessary permits be issued if the municipality neither approves the application nor provides a second required written notice within 5 days after resubmittal. (Sec. 1)
15. Stipulates any decision regarding the issuance of an application by a regulatory authority is appealable to the planning and development board which must adjudicate the dispute. (Sec. 1)
16. Precludes a municipality from adopting or enforcing any laws, rules, policies or standards regarding an independent provider's review of an application or performance of a building inspection that are more restrictive as provided. (Sec. 1)
17. Affirms the municipality's ability to issue a stop-work order for a building project if determined that a condition on the building site constitutes an immediate threat to public safety and health. (Sec. 1)
18. Authorizes an applicate to institute a civil proceeding seeking a determination and issuance of appropriate permits or certificates if the applicant believes the municipality has committed outlined acts. (Sec. 1)
19. Defines applicant, application and independent provider. (Sec. 1)
20. Contains a delayed effective date of January 1, 2026. (Sec. 2)
21. Contains a severability clause. (Sec. 3)
22. Cites this act as the " Speeding Development Act." (Sec. 4)
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26. HB 2869
27. Initials PB Page 0 Caucus & COW
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