This section lets a qualified third party do a single-family residential building permit review if a municipality with 30,000 or more people does not act within 15 working days, and it sets rules for reviewers, appeals, fees, and exceptions.
9-470.01 - Single family residential dwelling units; applications; third-party review; appeals; immunity; applicability; definition 9-470.01. Single-family residential dwelling units; applications; third-party review; appeals; immunity; applicability; definition A. If a municipality with a population of thirty thousand persons or more does not approve, conditionally approve or respond with required additions or revisions to an application for a single-family residential building permit within fifteen working days after the date the application is submitted, any required review of the application may be performed by a qualified third party selected by the municipality pursuant to the requirements of this section. A municipality shall maintain a list of at least three third-party reviewers who are eligible to be hired by the municipality to perform a building permit application review pursuant to this section. The time frame prescribed by this subsection does not begin until the applicant has satisfied the following requirements: 1. The municipality has approved construction documents for the dwelling to be constructed. 2. The municipality has approved vertical construction activities to begin in the subdivision in which the dwelling is to be constructed or, if the dwelling is not to be constructed in a subdivision, on the individual lot on which the dwelling is to be constructed. B. A third party who reviews a single-family residential building permit application pursuant to this section shall do both of the following: 1. Review the application and take all other related actions in accordance with all requirements adopted by the municipality where the application was submitted. 2. Notify the municipality and the applicant of the results of the review. C. A municipality may not request or require an applicant to waive a deadline or other procedure required by this section. D. The applicant may appeal a decision by the municipality to approve, conditionally approve or deny a single-family residential building permit application. E. A municipality that issues a permit, approval or certificate of occupancy after a third-party plan review pursuant to this section shall have immunity as prescribed in sections 12-820.01 and 12-820.02. F. The applicant is responsible for any fees and costs associated with a third-party review and shall pay the fees and costs to the municipality. G. This section does not apply to applications required to comply with a hillside development ordinance or for floodplain reviews that are required pursuant to federal floodplain regulations. H. This section does not modify the authority of a building official to withhold a certificate of occupancy in accordance with the municipality's adopted codes and ordinances. I. For the purposes of this section, "application": 1. Means a plan, permit or other document that is related to building construction and that is necessary for the construction of a single-family residential dwelling unit. 2. Does not include either: (a) A certificate of occupancy. (b) A subdivision preplat.