THE BILL ITSELF
CS/CS/SB 1434
Infill Redevelopment
ENROLLED
2026
Legislature CS for CS for SB 1434 20261434er
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An act relating to infill redevelopment; creating s.
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163.2525, F.S.; providing a short title; providing
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legislative findings; defining terms; providing
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applicability; requiring that a local government
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permit qualifying parcels to be developed with
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residential uses; limiting the density of certain
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development for a specified purpose; requiring that
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the intensity of certain development comply with
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certain standards; requiring a local government to
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administratively approve an application for the
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subdivision of a qualifying parcel under certain
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circumstances; prohibiting a local government from
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using the subdivision process to restrict development
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in a certain manner; requiring developers of
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qualifying parcels to maintain a specified buffer
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between new developments and single-family homes and
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townhouses under certain circumstances; providing
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requirements for such buffer areas; providing
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construction; requiring developers of qualifying
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parcels to establish that certain recreational
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facilities and areas reserved for recreational use
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have not been in operation or use for a certain
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timeframe; requiring developers of such parcels to pay
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double the parks and recreation facilities impact fees
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for a certain purpose and provide certain written
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notice to property owners; providing requirements for
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the written notice; requiring property owners who
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receive such written notice and wish to exercise an
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option to purchase certain parcels or portions thereof
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to meet specified requirements within a specified
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timeframe or forfeit the option; limiting the price at
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which such parcels or portions of parcels may be
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offered to the property owners for purchase; requiring
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the administrative approval of certain proposed
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developments; authorizing a local government to
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administratively require compliance with architectural
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design regulations under certain circumstances;
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requiring a developer to establish consistency with
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applicable concurrency requirements; requiring each
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local government to maintain a certain policy on its
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website; providing applicability; prohibiting a local
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government from adopting or enforcing certain local
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laws, ordinances, or regulations; requiring liberal
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construction of certain provisions; providing a
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directive to the Division of Law Revision; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 163.2525, Florida Statutes, is created
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to read:
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163.2525 Infill Redevelopment Act.—
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(1) SHORT TITLE.—This section may be cited as the “Infill
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Redevelopment Act.”
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(2) LEGISLATIVE FINDINGS.—The Legislature finds that this
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state’s urban areas lack sufficient land for the development of
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additional residential uses, which has led to a shortage of
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supply; that parcels of land within or near urban areas are
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difficult to develop or redevelop because of environmental
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issues and local regulations; and that facilitating the
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expedited permitting of such parcels, particularly in areas in
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which multiple local governments have jurisdiction, serves
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important public interests in remediating environmentally
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challenged land and increasing the supply of housing.
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(3) DEFINITIONS.—As used in this section, the term:
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(a) “Adjacent to” means located next to another parcel of
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land or portion thereof, including where the parcels are
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separated only by a roadway, railroad, or other public or
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private right-of-way or easement.
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(b) “Density” has the same meaning as in s. 163.3164.
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(c) “Designated agricultural land” means a parcel of land
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within a zoning district that allows for agricultural uses such
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as farming, raising livestock, or aquaculture as the main
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permitted uses and which land is classified as agricultural land
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under s. 193.461.
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(d) “Environmentally impacted land” means a parcel of land:
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1. Upon any portion of which a contaminant or pollutant has
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been detected above the applicable local, state, or federal
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residential cleanup target levels from Phase II environmental
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site assessment activities; or
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2. Any portion of which is located in a brownfield area
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designated pursuant to s. 376.80.
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(e) “Local government” means a county, municipality,
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special district, or political subdivision of the state.
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(f) “Parcel of land” has the same meaning as in s.
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163.3164.
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(g) “Qualifying parcel” means a parcel of land to which
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this section applies under subsection (4).
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(h) “Recreational facilities” means one or more parcels of
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land any portion of which was previously used as a golf course,
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tennis court, swimming pool, or clubhouse, or another similar
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use.
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(i) “Townhouse” means a single-family dwelling unit that is
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constructed in a series or group of attached units with property
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lines separating such units.
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(j) “Urban growth boundary” means a boundary established by
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a comprehensive plan or land development regulation beyond which
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the provision of urban services or facilities is limited. The
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term includes, but is not limited to, urban development
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boundaries and urban service boundaries.
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(4) QUALIFYING PARCELS.—
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(a) Except as provided in paragraph (b), this section
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applies to environmentally impacted land consisting of at least
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5 acres adjacent to a parcel of land within the same
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jurisdiction which is zoned for residential uses as of right and
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which is within a county that meets both of the following
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requirements:
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1. The county has a population of more than 1.475 million
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people according to the most recent decennial census.
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2. There are at least 15 municipalities within the county.
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(b) This section does not apply to any of the following:
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1. Designated agricultural land.
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2. Land owned or operated by a local government for public
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park purposes.
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3. Land outside an urban growth boundary.
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4. Land within one-quarter mile of a military installation
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identified in s. 163.3175(2).
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5. Land that is owned, or that was owned at any time within
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the 15 years preceding the effective date of this act, by a
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public utility as defined in s. 366.02.
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(5) DEVELOPMENT REGULATIONS.—Notwithstanding any local law,
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ordinance, or regulation, a local government shall permit a
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qualifying parcel to be developed with residential uses. To
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ensure compatibility with the character of the local community,
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the density of development authorized under this section may not
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exceed the average density of all zoning districts within the
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same jurisdiction which are applicable to parcels adjacent to
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the qualifying parcel and which allow residential uses as of
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right or 25 dwelling units per acre, whichever is lower. The
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intensity of development must comply with the standards
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applicable to any parcel adjacent to the qualifying parcel.
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(6) SUBDIVISION APPROVAL.—A local government must
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administratively approve an application for the subdivision of a
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qualifying parcel if the application satisfies the requirements
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of chapter 177. A local government may not use the subdivision
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process to restrict development below the density and intensity
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authorized under subsection (5).
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(7) BUFFER FROM RESIDENTIAL USES.—If a qualifying parcel is
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adjacent to single-family homes or townhouses on all sides, the
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developer must provide a buffer of at least 20 feet between the
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new development and the single-family homes or townhouses. The
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buffer area must be measured from lot line to lot line and must
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be maintained as open space or improved with passive
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recreational facilities accessible to the community. For
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purposes of this subsection, swales and water retention areas
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are considered open space.
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(8) RECREATIONAL FACILITIES.—
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(a) If a qualifying parcel includes recreational facilities
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or areas reserved for recreational use and such recreational
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facilities or areas are adjacent to single-family homes on all
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sides, the developer must do all of the following:
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1. Establish that such facilities or areas, or portions
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thereof, located on the qualifying parcel have not been in
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operation or in use for a period of at least 12 consecutive
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months.
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2. Pay double the applicable parks or recreational
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facilities impact fee that would otherwise apply to the proposed
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development, to compensate for the loss of open or recreational
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space.
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3. Provide written notice delivered by certified mail to
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all owners of property adjacent to the recreational facilities
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or areas, which notice includes all of the following
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information:
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a. That the developer intends to develop the parcel in
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accordance with this section.
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b. That the adjacent property owners may elect to purchase
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the parcel or portion thereof containing recreational facilities
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or areas for the purpose of maintaining the parcel, or portions
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thereof, as recreational areas or open space within 90 days
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after the date the notice is mailed.
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c. The price at which the adjacent property owners may
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purchase the property.
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(b) Property owners who receive the notice required under
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subparagraph (a)3. and wish to exercise the option to purchase
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the parcel or portion thereof containing the recreational
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facilities or areas must exercise the option and close on the
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property, and accept a deed restriction or record a restrictive
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covenant requiring the property to be maintained as a
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recreational area or open space for at least 30 years, within 90
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days after the notice is mailed or forfeit the option. The
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parcel or portion thereof must be offered to such property
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owners for purchase at a price that may not exceed the greater
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of:
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1. An amount equal to the price paid by the property owner
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plus 10 percent; or
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2. An amount equal to a bona fide offer to purchase the
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property received by the property owner within the last 12
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months.
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(9) DEVELOPMENT APPLICATIONS.—The proposed development of a
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qualifying parcel which complies with the requirements of this
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section must be administratively approved, and no further action
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by the governing body of a local government is required.
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However, a local government may administratively require a
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proposed development to comply with local regulations relating
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to architectural design if review by a board is not required and
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if such regulations would apply, and are generally applicable,
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to comparable residential development within the jurisdiction
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and do not limit the density or intensity of development below
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that authorized by this section. A developer must establish
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consistency with applicable concurrency requirements at such
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time as local regulations would require for a comparable
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residential development within its jurisdiction. Each local
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government shall maintain on its website a policy containing
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procedures and expectations for administrative approval under
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this subsection.
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(10) APPLICATION, PREEMPTION, AND CONSTRUCTION.—This
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section applies to development applications submitted pursuant
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to this section on or after the effective date of this act. A
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local government may not adopt or enforce a local law, an
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ordinance, or a regulation that restricts, prohibits, or
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otherwise limits the development of a qualifying parcel in
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accordance with this section. This section shall be liberally
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construed to effectuate its intent.
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Section 2. The Division of Law Revision is directed to
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replace the phrase “the effective date of this act” wherever it
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occurs in this act with the date this act becomes a law.
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Section 3. This act shall take effect upon becoming a law.