Chapter 2.70
LICENSING TIME FRAMES
Sections:
2.70.010 Purpose and title.
A. Purpose. The purpose of this chapter is to establish both administrative completeness review and substantive review time frames for licenses, as defined in A.R.S. section 9-831 (“License,” “Licenses” or “Licensing”) issued by the town of Taylor, as required by A.R.S. section 9-835.
B. Title. This chapter shall be referred to and known as “ordinance establishing licensing time frames.”
C. Severability. If any section, subsection, sentence, clause, phrase or portion of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. [Ord. 2012-01.]
2.70.020 Administration.
A. Purpose. The purpose of this section is to provide in one location all administrative authorizations for implementation of this chapter.
B. Administrative Responsibility. It shall be the responsibility of the town manager or department head with responsibility to oversee the applicable department, office or agency, or the clerk with responsibility to oversee the office of the clerk of the town of Taylor, to enforce the provisions of this chapter. Each town of Taylor department is hereby authorized to adopt necessary forms, processes and procedures to implement the provisions of this chapter.
C. Posting of Notice. Each town of Taylor department shall post on the same web page that contains information to the public about each license all applicable administrative completeness review time frames and substantive review time frames which are germane to said license.
D. Amendment. This chapter may be amended from time to time in accordance with A.R.S. section 9-240(28)(a). The clerk of the town of Taylor may correct typographical errors and/or reformat this document without such corrections being considered an amendment. [Ord. 2012-01.]
2.70.030 Definitions.
A. Purpose. The purpose of this section is to centrally locate all terms specifically defined for use in the administration of this chapter.
B. Definitions. In this chapter, unless the context requires otherwise, the following terms shall be as defined below. If a term is not defined herein, it shall have the definition in A.R.S. section 9-831.
“Application” means all documents, plans and materials required by the applicable department, office or agency to support a request for license.
“Manager” means the town manager or department head assigned to oversee a specific department, office or agency of the town of Taylor, or the clerk who oversees the office of the clerk of the town of Taylor.
“Project with special circumstances” means an application that involves a series of licenses, all of which are interrelated, where it is necessary for the applicant to complete different elements at different times and for which any one time frame would be inappropriate. A project qualifies as one with special circumstances where licenses will be issued at separate times as opposed to one where all licenses must be obtained simultaneously.
“Regulatory Bill of Rights” means A.R.S. sections 9-831 through 9-840. Any term not specifically defined in this chapter shall have the meaning set forth in the Regulatory Bill of Rights.
“Town” means the town of Taylor. [Ord. 2012-01.]
2.70.040 General regulations.
A. Purpose. The purpose of this section is to provide in one location the general regulations implementing the Regulatory Bill of Rights.
B. Time Frames.
1. Administrative Completeness Time Frames. The administrative completeness time frames for each license issued by the town shall be as set forth on Exhibit A attached to the ordinance codified in this chapter and made a part hereof. As used in Exhibit A, days shall mean working days.
2. Substantive Review Time Frames. The substantive review time frames for each license issued by the town shall be as set forth on Exhibit A attached to the ordinance codified in this chapter and made a part hereof. As used in Exhibit A, days shall mean working days.
3. Default Time Frames. If Exhibit A shall fail to identify an administrative completeness time frame for any license issued by the town, in such event the administrative completeness time frame for such license shall be 60 working days. If Exhibit A shall fail to identify a substantive review time frame for any license issued by the town, in such event the substantive review time frame for such license shall be 120 working days.
C. Changes to Applications.
1. Substantially Altered Applications. If, during the course of review of a pending application, the applicant revises the application so that the application is substantially altered such that extensive additional review is necessary, in such event, the submission shall be deemed to be a new application, the substantive review time frame shall start over and the fee established by the Taylor town council, as set forth in Exhibit B to the ordinance codified in this chapter, shall be charged.
2. Related Applications. If, during the course of review of a pending application, the applicant submits one or more additional applications that are related to the pending application, in such event, the substantive review time frame shall be reset on all related applications. In this event there shall be one applicable substantive review time for all of the related applications and the time frame shall be revised to be the longest substantive review time frame that was applicable to any one of the related applications. As a result, the entire substantive review time frame for the related applications shall start over, and the fee, established by the Taylor town council, as set forth in Exhibit B to the ordinance codified in this chapter, shall be charged.
D. Denial of Applications.
1. General Denial of Applications. Each department head, and/or designee of each department head, is granted the power and authority to deny any and all license applications, of any kind whatsoever, made to the department, office or agency if, in the opinion of the department head, it is not possible to grant the application within the time frame established pursuant to the requirements of A.R.S. section 9-835 and this chapter.
2. Denial for Failure to Supply Information. In the event an applicant for license has been provided with a written or electronic request for additional or supplemental information, or has been provided with a written or electronic notice of deficiencies, and in the further event the applicant has not provided said additional or supplemental information within 365 days (not working days) of the written or electronic notice having been sent to the applicant, then and in such event, the department, office or agency to which such application has been made shall issue a written notice of denial of the application and the department, office or agency shall close any and all files opened in connection with such application. The denial shall be without prejudice to the right of the applicant to re-apply for the same license.
E. Additional Requests/Extension of Time Frames. A.R.S. section 9-835(G) permits the town to make one comprehensive request for additional information during substantive review, but allows mutual agreement authorizing the town to make more than one comprehensive written or electronic request for additional information during the substantive review time frame. A.R.S. section 9-835(H) permits the applicant and town to mutually consent to the extension of the substantive review and overall time frames for up to 25 percent of the overall time frame. In no event shall any department, office or agency of the town consent to extend the applicable time frame unless the applicant shall also agree, as provided by statute, to waive the limitation of only one comprehensive request for additional information during substantive review. In no event shall any department, office or agency of the town consent to waive the limitation of only one comprehensive written or electronic request for additional information during the substantive review unless the applicant shall also agree, as provided by statute, to extend the applicable time frame for 25 percent of the overall time frame.
F. Projects with Special Circumstances. In the event the applicant shall request to have its project treated as a project with special circumstances, the department(s) to which the application is made or to be made shall determine if the department(s) consent to such treatment. In the event of applications to multiple departments, each department must so consent. If the application is determined to be a project with special circumstances, the applicant and the appropriate departments or agency(ies) shall mutually agree to an appropriate administrative completeness review time frame and an appropriate substantive review time frame, and shall agree to any procedures and processes which may deviate from the customary procedures and processes. Any such agreement shall be written and executed by the director of each department, office or agency. In the event the applicant and the department(s) or agency(ies) are unable to mutually agree to appropriate administrative completeness review and substantive review time frames, then and in such an event, the time frames set forth in Exhibit A to the ordinance codified in this chapter, as may be modified from time to time, shall apply. [Ord. 2012-01.]
2.70.050 Appeals.
A. Purpose. The purpose of this section is to provide a process for appeal for any applicant whose application has been denied either due to the determination that the town cannot issue an approval due to the presence of the time frames required in this chapter or because of the failure of the applicant to comply with substantive requirements required to obtain the license sought.
B. Hearing Officer. The Taylor town council hereby establishes the position of hearing officer to hear and decide all appeals of decisions denying any application for license pursuant to this chapter. This position of hearing officer may (but is not required to) be filled by the town manager at the Taylor town council’s discretion.
C. Procedure. The Taylor town council hereby delegates to the manager the responsibility to develop the procedures to implement an appellate process after the denial of any application for license pursuant to this chapter; provided, however, that any such procedure shall include:
1. All notices of appeal shall be by either the applicant or the property owner as identified on the application, shall be in writing, shall be served upon the department head from which the denial is being appealed and shall include all appropriate fees as established by the Taylor town council and as set forth in Exhibit B to the ordinance codified in this chapter.
2. The hearing officer may, upon application by a party and good cause shown, issue a subpoena for the production of documents or to compel the appearance of a witness.
3. The Arizona rules of evidence shall not apply in the appellate process. Any evidence offered may be admitted subject to a determination by the hearing officer that the offered evidence is relevant and material and has some probative value to a fact at issue. This is not to be construed as abrogating any statutory provision relating to privileged communications.
4. The hearing officer may, on motion of the hearing officer, call and examine witnesses, including the appealing party. No person may be examined at a hearing except by the hearing officer, the appellant or their representative, or the town attorney.
5. A verbatim record of the appeal shall be kept.
6. Applications for discovery shall be made to the hearing officer in a timely manner.
D. Final Decision. The decision of the hearing officer shall be the final determination by the town on the application. Judicial review of the hearing officer’s decision shall be pursuant to A.R.S. Title 12, Chapter 7, Article 6. [Ord. 2012-01.]