underline-strikeout version of the final draft ordinance - Pima County ...

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!Chapter 16.56APPEALS AND VARIANCESSections:16.56.010 Filing of aAppeals to the Chief Engineer.16.56.020 Filing of vVariances.16.56.030 Authority to issue variances.16.56.040 Issuance of variances-Required findings.16.56.050 Hearing procedures for the Board.16.56.060 Covenants.16.56.070 Notice to adjacent jurisdictions.16.56.010Filing of aAppeals to the Chief Engineer.A. Any applicant contestingproperty owner appealing permit conditions, a written notice ofpermit denial by the Floodplain Administrator, or a boundary determination of a regulatoryfloodplain, floodway, erosion hazard area, or riparian habitat any written decision concerning theinterpretation or administration of this chapteror requesting a waiver to mitigation standards, orinterpretation of adopted riparian maps, shall first request a formal review byappeal in writing tothe Chief Engineer on a form approved by the District within 30 business days from receipt ofthe written notice. written decision. The Chief Engineer will respond within 15 days after thefiling by an applicant with a final response not more than 45 days following the initial response.B. Within 10 working business days of receipt of the written appealreview request form, theChief Engineer may:1. Mmeet with the applicantproperty owner; orand2. Rrequest, in writing, such additional information as is deemed necessary in order to render hisa written decisionfinding.C. The Chief Engineer shall issue a written finding not more than 45 business days following thereceipt of all required information.DC. Any applicantproperty owner aggrieved by the written finding decision of the ChiefEngineer may appeal to the Board by submitting file an appeal petition with the Chief Engineerand the Clerk of the Board within 30 business days from receipt of the written finding decisionof the Chief Engineer to appeal the Chief Engineer's decision to the Board.1. The appeal petition shall be on a form approved by the District and shall contain a detailedexplanation of all matters in dispute;2. When an appeal is scientific or technical in nature, technical evidence shall be prepared andsealed by an Arizona registered civil engineer or, for riparian habitat mitigation appeals, by anArizona registered landscape architect or other qualified professional, andthe Board, through the Chief Engineer, may require the submission of such additionalinformation, as it deems necessary. 32. Hearing procedures shall be pursuant to 16.56.050.(Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005)16.56.020Filing of vVariances.77