501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
MINING EXEMPTION
SUBMITTAL FORMS INDEX
APPLICATION INSTRUCTIONS & CHECKLIST
PROCESS & TIMEFRAME
INFORMATION REQUIRED FOR SUBMITTAL
LAND USE APPLICATION
AFFIDAVIT OF GENERAL MINING USE
TYPICAL COMMERCIAL SITE PLAN (SAMPLE)
WHAT TO EXPECT AT THE ONE STOP SHOP
Note: As of December 31, 2012, all Land Use applications are subject to ARS § 1605.
- As of September 13, 2013 all Residential uses are excluded per ARS §11-1605 M.2
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
APPLICATION INSTRUCTIONS & CHECKLIST
Applications submitted to the Maricopa County Planning and Development Department
shall include all of the exhibits, items and information listed in this checklist. An application will
only be accepted by the Department when all of the items listed below are submitted, unless
otherwise deemed unnecessary by staff. Applications determined to be incomplete shall
not be processed by staff. Additional information, detail, and/or copies may be required
after review by the assigned planner.
After it has been determined that the initial submittal is complete, the filing fee per
Zoning Ordinance requirement is to be paid by the owner or owner’s authorized a gent
(checks should be made payable to “Maricopa County Planning and Development”). A
receipt will then be issued and a case number assigned.
As of September 13, 2013, the Land Use application process shall be subject ARS § 1605, a
State statute that mandates establishment of timeframes to either approve or deny a
“license” as defined by the statute. The full statute may be viewed at:
http://www.azleg.gov/arstitle/
The statute sets up two types of review timeframes: Administrative and Substantive. The
Board of Supervisors (BOS) through the P-30 Licensing Timeframes Ordinance has adopted a
25 day administrative timeframe and a 75 substantive timeframe for Land Use
applications. An application related to a residential use is not subject to the statute. An
application that is part of design build project may establish negotiated time process
during the pre-application meeting.
Administrative Review Period
The statutes allow for multiple reviews during the administrative review period.
Substantive Review Period
Only one review is allowed for the substantive review period. The County can amend the
substantive review comments to address legal requirements not identified on the original
substantive review comments.
The applicant can authorizes a 50% time increase. This authorization can be given at time of
application or at any time during the process.
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
APPLICATION INSTRUCTIONS & CHECKLIST (Continued)
After receipt of an application, the administrative review period begins and staff will
review for administrative completeness. The applicant will receive a formal response from
their assigned planner and may be required to submit additional information. Once
administrative comments have been given to the applicant, the timeframe clock will stop
and will resume upon resubmittal of the application materials. Once the application is
deemed administratively complete, the planner will formally notify the applicant that the
project has entered the substantive review period and technical comments will be given to
the applicant within a reasonable timeframe. The substantive timeframe clock stops from
receipt of comments until the applicant makes a formal resubmittal.
At any time during the process, an applicant can check the status of their application by
viewing the Online Permit Manager on the Planning and Developments website:
https://accela.maricopa.gov/CitizenAccessMCOSS/
The applicant’s assigned planner can also be utilized as a resource for checking
application status. If at any time comments are given to the applicant, a notation will be
made as to the administrative or substantive timeframe frame remaining which will not
resume until a resubmittal is made. Note: It is very important to return the planner’s
comment memo upon resubmittal so that the appropriate statutory timeframe can resume.
Depending on the comments received, the application materials may need revisions. The
owner or authorized agent must submit revised materials to the OSS. The applicant’s
resubmittal must meet the County’s technical requirement or it will be denied.
Additionally, an administrative decision of denial can be made if the Director finds that it is
not possible to grant the application within the timeframe or the applicant has not provided
additional or supplemental information within 180 days (not working days) of a written or
electronic request for said information.
Once staff is satisfied that technical requirements have been met, staff may approve or
deny the request. At this time, the substantive timeframe clock will stop. After a decision
has been made, a decision letter will be issued.
The conditions of approval of the mining exemption may be appealed to the Hearing
Officer pursuant to ARS § 11-832. Provide request for appeal to the Hearing Officer Liaison
at this address within 30 calendar days of the administrative/ministerial approval date to
schedule an administrative hearing.
Note: If an applicant has not made a resubmittal of application materials in either
administrative or substantive review periods after six (6) months, the application will be
closed due to inactivity.
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
PROCESS FLOW CHART & PROJECTED TIMEFRAME
Approximate timeframe of 1 month
Submittal of application at front counter
(One Stop Shop)
Application to primary reviewing agencies including
Planning and Addressing
Review Comments or Sign-Off
(approximately 2 weeks following resubmittal)
Application
resubmittal
1 review cycle
Sign-Off received, staff
will issue a decision
letter
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption Application 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
INFORMATION REQUIRED FOR SUBMITTAL
1. Application: completed and signed – 2 copies
2. Proof of ownership (recorded deed or unofficial copy) 1 copy
If applicable, lease agreement. If the subject property is part of a land lease,
the Lease Agreement should include the terms of the lease, and the proposed
use of the leased land. Additional information may be required after reviewing
the Lease Agreement.
3. Affidavit of General Mining Use 1 copy, completed, signed and notarized by the mining
operator/property owner, or property owner agent
4. Copy of the Arizona State Mine Inspector’s ASMI INSP form, showing the intent to start or
move a mining operation in the unincorporated areas of Maricopa County. The State
Mine Inspector’s office is located at 1700 W. Washington, Ste. 400, Phoenix, AZ 85007-2805 –
1 copy
5. Site Plan 2 copies (11”x17” or 8 1/2” x 14”) of the property, indicating the following:
a) The site plan must be drawn to a recognizable scale, i.e. 1” = 20’.
b) North arrow and scale (written and graphic scale) shown on plan.
c) All property lines must be clearly shown and dimensions indicated.
d) Location and dimensions of all existing and proposed structures (including
fences, signs and pools) from property lines and distance between structures.
e) Location and width of dedicated streets, recorded easements, (provide
recording number) and patent easements on or adjacent to property (include
names of streets if applicable).
f) All existing and proposed structures must be shown and dimensioned on the site
plan.
6. Narrative Report – 2 copies, describing the proposed use in detail.
7. Photographs
Submit photographs of the site, taken on all four corners of the property and
looking inward to the property (minimum of four photographs).
Please label each photograph with the view, direction and date.
A site plan or key map may also be used in conjunction with the photographs
with notations showing what direction the photograph faces and where it is taken.
8. Copy of the Patent Easement Deed (if applicable) which may be acquired at the Bureau
of Land Management, 1 N. Central, Phoenix, (602) 417-9200 – 1 copy
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption Application 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
9. Electronic copies of application materials saved as Adobe PDF files 1 CD or jump drive.
Example Narrative Report should be saved as NARR-RPTS-1.pdf
Application Document
Required Naming Convention for the
Adobe PDF documents
Completed Application
APPL-FORM-1
Official recorded or unofficial deed
DEED-DETL-1
Affidavit of General Mining Use
AFMU-DETL-1
AZ State Mine Inspector’s ASMI INSP form
ASMI-DETL-1
Site Plan
SITE-PLAN-1
Narrative Report
NARR-RPTS-1
Photographs
PHOT-DETL-1
Patent Easement
PEAS-DETL-1
10. Fees:
Zoning Clearance (Commercial) – $250
Addressing Review Fee of $10 to verify an existing address or $50 to assign an
address (This fee is a separate fee but can be combined with the zoning
clearance fee).
Change to an application for a license in progress$50
For an application to be added to an application for a license in
progress $50
To re-initiate application for a license administratively denied due to time (within
180 days) – $50
Appeal of administrative denial of a license due to time
(within 30 days) $150
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption
7/31/18
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
MINING EXEMPTION APPLICATION
REQUEST
Title of Project:
Description of Request:
Existing Use of Property:
Existing Zoning District:
Related Case Number:
PROPERTY INFORMATION
Address (if known):
General Location
(Include nearest city/town):
Size in Acres: Square Feet:
Legal Description Section: Township: Range:
Assessor’s Parcel Number:
OWNER’S AUTHORIZED AGENT INFORMATION
Name: Contact:
Address:
City: State: Zip:
Phone #: Fax #:
E-mail Address:
PROPERTY OWNER INFORMATION
Name: Contact:
Address:
City: State: Zip:
Phone #: Fax #:
E-mail Address:
PROPERTY OWNER AND OWNER’S AGENT AUTHORIZATION
I (property owner) authorize (owner’s agent) ____________________________________
to
file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I
hereby agree to abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors,
Maricopa County Planning and Zoning Commission, or Maricopa County Planning and Development Department staff as
applicable, as part of any approval of this request, including conditions, development agreements, and/or any other
requirement that may encumber or otherwise affect the use of my property.
INSPECTIONS
By submitting this application, I am inviting County staff to conduct all site inspections they deem necessary.
PROPOSITION 207 WAIVER
The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing
rights to use, divide, sell or possess the private property that is the subject of this application. The property owner further
acknowledges that it is the property owner who has requested the action sought by the filing of this application. Therefore,
pursuant to A.R.S.§12-1132 through 1138, the property owner does hereby waive any and all claims for diminution in value of
the property with regard to any action taken by Maricopa County as result of the filing of this application.
Property Owner Signature: Date: ________________________________
VERIFICATION OF APPLICATION INFORMATION
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa
County in reliance upon the truthfulness of these statements may be revoked or rescinded.
Owner or Authorized Agent Signature: Date: _________________________________
ARS § 1605 TIMEFRAME EXTENSION
I authorize a 50% timeframe extension for the review of my application as adopted by the Board of Supervisors per ARS § 1605
and as amended.
Property Owner Signature: Date: _________________________________
A
LL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
AFFIDAVIT OF GENERAL MINING USE
If approved, the Certificate of Exemption for Mining is an exemption from portions
of the Maricopa County Zoning Ordinance, and the County’s Building Code
Authority, for the use of the land for the approved mining activities. Any use not
incidental to the approved mining operation will be required to comply with the
current regulations imposed upon said land by the underlying zoning district. The
primary use of land shall be the mining operation. If the mining operation use is
abandoned or is not the primary use of the land, then the appropriate zoning
regulations shall apply.
Each time the property owner wishes to expand the use or construct, alter, modify
or demolish any structure or improvement on the subject parcel, a revised land use
application is required. At that time, the Department shall re-evaluate the
exemption status to ensure that the current zoning exemption is valid.
Date:
Project Name:
In Existence Since:
Name of Operator
Location
I hereby certify that I have been authorized by the
owner to act as his agent to make this exemption
request.
Yes
No
N/A
I,
hereby acknowledge that I have read and
understand the information provided on form 423, which recites ARS § 11-830 and Article
XXIII, General Provisions, Section 2302, Exempted Uses, from the Maricopa County Zoning
Ordinance.
_____________________________________________ ___________________________________
Owner’s/Agent Signature Date
Subscribed and sworn to before me, on ________________________________________________________
Notary Public:________________________________________ Commission Expiration___________________
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
EXAMPLE OF A TYPICAL COMMERCIAL SITE PLAN
SAMPLE ONLY (DRAWING SHOWN IS NOT TO SCALE)
ADDITIONAL DETAILED PLANS MAY BE REQUIRED
501 North 44
th
Street, Suite 200 Phoenix, AZ 85008 (602) 506-3301
www.maricopa.gov/planning
Mining Exemption 10/30/19
MARICOPA COUNTY
PLANNING & DEVELOPMENT
DEPARTMENT
WHAT TO EXPECT AT THE ONE STOP SHOP
Purpose:
Provide customers with information about what to expect when submitting a
mining exemption application. This information sheet includes the application
material checklist, fee schedule,
and a three step process for application
submittal.
Location:
Maricopa County Planning & Development Department
501 N. 44
th
Street, Suite 200 Phoenix, AZ 85008
Business Hours: 8:00 a.m.5:00 p.m. Monday through Friday, except holidays (to ensure adequate
time for
application submittal, projects should be submitted no later than 4:30 p.m.)
STEP 1 - Reception: Proceed to the One Stop Shop Reception desk to obtain a call ticket for the application
submittal. Provide the receptionist your name and specify the type of planning
application.
STEP 2 - Intake Counter: One Stop Shop customer service will call your ticket number and evaluate
the
application materials for completeness. Once the application materials are accepted a tracking
number will be
provided and staff will advise you to proceed to the cashier to process application payment.
The following is a list of
required application materials:
Mining Exemption Application Submittal Documents
2 copies Land Use Application completed & signed
1 copy Recorded deed or unofficial copy
1 copy Arizona State Mine Inspector’s ASMI INSP Form
2 copiesSite Plan 11” x 17” or 8 1/2” x 14”
2 copies Narrative
1 copy Photographs
1 copyPatent Easement Deed (if applicable)
1 CD or jump drive with electronic copies of application materials
NOTE: If any documentation is missing your application may not be
accepted during
the intake process, please be sure to follow this checklist
STEP 3 - Cashier - Processing Payment: The cashier will call your ticket number, request your
application
tracking number, advise you of the total application fees and request your method of payment.
Maricopa County
accepts cash, check, or credit card. Please make checks payable to: MARICOPA
COUNTY.
Please note that proper payment in full, based upon the following fee schedule, is required at
the time of application:
Mining Exemption Application
Fee Schedule
Zoning Clearance (Commercial)
$250
Addressing
$10 verify existing address or
$50 assign address