Site Plan Review Licensing Time Frames and Process

MOHAVE COUNTY DEVELOPMENT SERVICES DEPT Policy and Procedure

1. STATUTE REFERENCE: §11-811.A (eff. 10/1/11)

2. ORDINANCE REFERENCE: Section 27.P, MCZO

3. SUBJECT: Site Plan Review Licensing Time Frames and Process

4. MANAGEMENT PRACTICE NUMBER: P-2012-001

5. PREVIOUS: NA

6. USED BY: Planning and Zoning Division

7. ADMINISTERED BY: Planning and Zoning Divisional Manager & Planning Manager

8. ISSUED: Pending

9. REVISED: NA

10. PURPOSE: To clarify and guide Planning staff regarding Site Plan processing

11. POLICY: The Planning Division will comply with Section 27.P and other applicable Sections of the Mohave County Zoning Ordinance when reviewing Site Plans

12. PROCEDURE:

1. Planning staff will determine the submittal requirements based upon the complexity of the project (Sections 27.P.4 and 5, MCZO). A Site Plan PreApplication meeting is highly recommended. Staff assigned to the project will invite representatives from other Development Services Department Divisions, other County Departments, and outside agencies as needed. Advisory information that must be provided to the applicant per (§11-1606) will be provided to them at the Pre-Application meeting, if one is held, or will otherwise be forwarded to them.
   
   
2. Administrative Completeness Review shall consist of fifteen (15) working days to verify the completeness of a submittal. The Administrative Completeness Review shall involve review by the staff assigned to the case and will be performed before the commencement of each substantive review. If the county determines that any documents or information necessary for the submittal to be considered complete, is missing, the county will notify the applicant of the need for the missing material, and all processing time frames will be suspended from the date of that notice until the receipt of that material from the applicant per §11-1605.D and §11-1605.E.
   
   
3. Substantive Review will be based upon criteria set forth in Section 27.P and other applicable Sections of the Mohave County Zoning Ordinance as well as rules and regulations adopted by other reviewing agencies in accordance with §11-1604. Each County Department connected with the review will be requested to provide their comments to Development Services by the Substantive Review deadline. However, Development Services will not be responsible for comments received from other County Departments and/or non-County agencies after the Substantive Review deadline per §11-1605.G. All comments received after the deadline will be forwarded to the applicant. The applicant is responsible for addressing comments of other departments and agencies. Development Services is not responsible for late comments from others. Those issuing comments are responsible for administering their own time frames and enforcing their own requirements.
   
   
4. The Substantive Review time frame will be fifteen (15) working days for each separate submittal, regardless of whether it is the initial submittal or a corrected or revised submittal. If, at the conclusion of the latest review, the County finds the Site Plan does not meet the site plan requirements, Development Services may issue a request for additional or revised information and documents, in the form of a corrected submittal, as provided for under §11-1605.G. If subsequent Site Plan reviews result in remaining comments, corrected submittals will be required of the applicant until those concerns have been addressed. Time frames are suspended from the date of the request for additional submittal(s) until the submittal of all the requested material, according to §11-1605.G. If the substantive changes to the Site Plan result in a different “kind” of project rather than a refinement to the “type” of project, the time frame shall be suspended and the applicant will submit the project as a new Site Plan.
   
   
5. Once corrections have been made to the satisfaction of the County, Development Services will approve (or conditionally approve) the Site Plan.
   
   
6. If the overall project review time (including both Administrative and Substantive Reviews), minus periods of suspended time frames, reaches 180 working days and the Site Plan has not been approved, the applicant and county may agree to extend time frames by up to 25% per §11-1605.H.
   
   
7. In the case of Site Plan denial, justification for the denial will include references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements from outside agencies on which the denial is based (§11-1605.I.1). In addition, staff will provide an explanation of the applicant's right to appeal the denial within fifteen (15) working days and the name and telephone number of a County contact person who can answer questions regarding the appeals process (§11-1605.I.2).
   
   
8. Fees required for Site Plan processing shall be as prescribed in adopted fee schedules.

13. RISK: If the administrative, substantive and overall deadlines are not met by the Planning staff, exceptions listed above notwithstanding, §11-1605.J requires the County to: 1) refund to the applicant all fees charged for reviewing and acting on the application for the license, 2) excuse payment of any fees that have not yet been paid and, 3) continue to process the application.