THE BILL ITSELF
CS/CS/HB 979
Infill Redevelopment
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A bill to be entitled
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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; providing definitions; providing
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applicability; requiring a local government to permit
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the development of certain qualifying parcels up to a
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certain density and intensity; requiring a local
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government to 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; requiring
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developers of qualifying parcels to establish that
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certain recreational facilities and areas reserved for
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recreational use have not been in operation or use for
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a certain timeframe, to pay double the parks and
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recreational facilities impact fees for a certain
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purpose, and to provide certain written notice to
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certain property owners; requiring property owners who
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receive such written notice to exercise an option to
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purchase certain parcels or portions thereof within a
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specified timeframe or forfeit the option; limiting
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the price at which such parcels or portions of parcels
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may be offered to the property owners for purchase;
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requiring the administrative approval of certain
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proposed developments; authorizing local governments
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to apply certain local regulations under certain
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circumstances; requiring development on qualifying
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parcels to meet concurrency requirements; requiring
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each local government to maintain a certain policy on
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its website; providing applicability; providing
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construction; prohibiting a local government from
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adopting or enforcing certain local laws, ordinances,
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or regulations; providing a directive to the Division
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of Law Revision; providing 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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any portion of which:
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1. There is a detection of a containment or pollutant
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above the applicable local, state, or federal residential clean
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up levels;
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2. Is, or, prior to or concurrent with development, would
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be subject to environmental cleanup or site rehabilitation
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requirements pursuant to chapter 376, chapter 403, or local
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environmental ordinances or regulations, as a result of the
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presence of environmental containment or pollution present above
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applicable cleanup target levels; or
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3. Is located in a brownfield area designated pursuant to
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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
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is constructed in a series or group of attached units with
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property lines separating such units.
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(j) "Urban growth boundary" means a boundary established
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by a comprehensive plan or land development regulation beyond
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which the provision of urban services or facilities is limited.
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The 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 that is adjacent to a zoning district within the same
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jurisdiction that permits residential uses as of right and is
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within a county that meets both of the following requirements:
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1. The county has a population of more than 1.475 million
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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
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within the 15 years preceding the effective date of this act, by
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a public utility as defined in s. 366.02.
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(5) DEVELOPMENT REGULATIONS.—Notwithstanding any local
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law, ordinance, or regulation to the contrary, a local
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government must permit a qualifying parcel to be developed with
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residential uses. The density of development pursuant to this
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section shall not exceed the average density of all zoning
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districts within the same jurisdiction that allow residential
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uses as of right adjacent to the qualifying parcel, and its
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intensity must comply with the standards of any adjacent zoning
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district.
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(6) SUBDIVISION APPROVAL.—A local government must approve
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an application for the subdivision of a qualifying parcel if the
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application satisfies the requirements of chapter 177. A local
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government may not use the subdivision process to restrict
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development below the density and intensity authorized under
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subsection (5).
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(7) BUFFER FROM RESIDENTIAL USES.—If a qualifying parcel
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is adjacent to single-family homes or townhomes, or both, on all
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sides, the developer must provide a buffer of at least 20 feet
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between the new development and the existing single-family homes
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or townhomes. The buffer area shall be measured from lot line to
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lot line and must be maintained as open space or improved with
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passive recreational facilities accessible to the community.
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Swales and water retention areas shall be considered open space.
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(8) RECREATIONAL FACILITIES.—
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(a) If a qualifying parcel includes recreational
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facilities or areas reserved for recreational use and such
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recreational facilities or areas are adjacent to single-family
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homes on all 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, including requiring the property to be maintained as a
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recreational area or open space for at least 30 years through
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acceptance of a deed restriction or recording of a restrictive
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covenant, within 90 days after the notice is mailed or forfeit
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the option. The parcel or portion thereof must be offered to
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such property owners for purchase at a price that may not exceed
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the greater 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 plus 10 percent.
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(9) DEVELOPMENT APPLICATIONS.— The proposed development of
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a 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. A local
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government may administratively require a proposed development
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to comply with local regulations relating to architectural
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design, such as required color palettes or architectural style,
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provided such standards would apply to, and are generally
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applicable to, comparable residential development within the
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jurisdiction and do not affect the density or intensity of the
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proposed development. Developers shall be required to establish
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consistency with applicable concurrency requirements before the
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issuance of a building permit for any project developed pursuant
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to this section. Each local government shall maintain on its
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website a policy containing procedures and expectations for
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administrative approval under this subsection.
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(10) APPLICATION AND CONSTRUCTION.—This section applies
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retroactively to any local law, ordinance, or regulation that is
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contrary to this section or its intent and must be liberally
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construed to effectuate its intent.
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(11) PREEMPTION.—A local government may not adopt or
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enforce a local law, an ordinance, or a regulation that applies
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or has the effect of applying a more restrictive or burdensome
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requirement or procedure to the development of a qualifying
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parcel which is administratively approved pursuant to this
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section. Any such law, ordinance, or regulation contrary to this
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section is void.
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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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This act shall take effect upon becoming a law. Section 3.