FL
Florida House Bill H0739

Florida 2022 Regular Session

Florida House Bill H0739 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to local government land development 2
1616 actions; amending ss. 125.022 and 166.033, F.S.; 3
1717 specifying the deficiencies which a county or 4
1818 municipality, respectively, may provide comments on 5
1919 regarding applications for development permits or 6
2020 development orders; amending s. 163.3202, F.S.; 7
2121 requiring local governments to adopt residential 8
2222 infill development standards by a specified date; 9
2323 providing a description of the term "residential 10
24-infill development"; providing guidelines to be used 11
25-by certain local governments in developing residential 12
26-infill development standards; requiring certain local 13
27-governments to adopt guidelines to be used by 14
28-applicants seeking areas to be designated as a 15
29-residential infill development; prohibiting a local 16
30-government from approving deficient applications; 17
24+infill development;" providing guidelines to be used 11
25+by local governments in developing residential infill 12
26+development standards; requiring local governments to 13
27+adopt regulations to be used by applicants seeking 14
28+areas to be designated as a residential infill 15
29+development; prohibiting a local government from 16
30+approving applications with many deficiencies; 17
3131 prohibiting a local government from denying 18
32-applications if the applicant has complied with the 19
33-regulations; authorizing the process for applicants to 20
34-appeal application denials; providing timeframes for a 21
35-local government to issue a final decision; requiring 22
36-local governments to amend their development 23
37-regulations and comprehensive plans to incorporate 24
38-residential infill developments as zoning 25
32+applications if the applicant has generally complied 19
33+with the regulations; providing appeal procedures; 20
34+requiring local governments to amend their development 21
35+regulations and comp rehensive plans to incorporate 22
36+residential infill developments as zoning 23
37+classifications; amending s. 553.792, F.S.; specifying 24
38+the deficiencies over which a local government may 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-classifications; amending s. 553.792, F.S.; specifying 26
52-the deficiencies over wh ich a local government may 27
53-provide comments or request information on regarding 28
54-applications for building permits; providing an 29
55-effective date. 30
51+provide comments or request information on regarding 26
52+applications for buildin g permits; providing an 27
53+effective date. 28
54+ 29
55+Be It Enacted by the Legislature of the State of Florida: 30
5656 31
57-Be It Enacted by the Legislature of the State of Florida: 32
58- 33
59- Section 1. Subsection (1) of section 125.022 , Florida 34
60-Statutes, is amended to read: 35
61- 125.022 Development permits and orders. — 36
62- (1)(a) Within 30 days after receiving an application for 37
63-approval of a development permit or development order, a county 38
64-must review the application for completeness and is sue a letter 39
65-indicating that all required information is submitted or 40
66-specifying with particularity any areas that are deficient. If 41
67-the application is deficient, the applicant has 30 days to 42
68-address the deficiencies by submitting the required additional 43
69-information. 44
70- (b) Once the applicant has provided responses concerning 45
71-the areas that were deficient, the county may only provide 46
72-additional comments on the deficiencies that are directly 47
73-related to the deficiencies that were identified during the 48
74-first review period or that directly address the responses given 49
75-by the applicant. The county may also make additional comments 50
57+ Section 1. Subsection (1) of section 125.022, Florida 32
58+Statutes, is amended to read: 33
59+ 125.022 Development permits and orders. — 34
60+ (1)(a) Within 30 days after receiving an application for 35
61+approval of a development permit or development order, a county 36
62+must review the application for completeness and issue a letter 37
63+indicating that all required information is submitted or 38
64+specifying with particularity any areas that are deficient. If 39
65+the application is deficient, the applicant has 30 days to 40
66+address the deficiencies by submitting the required additional 41
67+information. 42
68+ (b) Once the applicant has provided responses concerning 43
69+the areas that were deficient, t he county may only provide 44
70+additional comments on the deficiencies that are directly 45
71+related to the deficiencies that were identified during the 46
72+first review period or that directly address the responses given 47
73+by the applicant. The county may also make add itional comments 48
74+as a result of new information submitted by the applicant. 49
75+ (c) Within 120 days after the county has deemed the 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-as a result of new information submitted by the applicant. 51
89- (c) Within 120 days after the county has deemed the 52
90-application complete, or 180 days for applications that require 53
91-final action through a quasi -judicial hearing or a public 54
92-hearing, the county must approve, approve with conditions, or 55
93-deny the application for a development permit or development 56
94-order. Both parties may agree to a reasonable request for an 57
95-extension of time, particularly in the event of a force majeure 58
96-or other extraordinary circumstance. An approval, approval with 59
97-conditions, or denial of the application for a development 60
98-permit or development order must include written findings 61
99-supporting the county's decision. The timeframes contained in 62
100-this subsection do not apply in an area of critical state 63
101-concern, as designated in s. 380.0552. 64
102- Section 2. Subsection (1) of section 166.033, Florida 65
103-Statutes, is amended to read: 66
104- 166.033 Development permits and orders. — 67
105- (1)(a) Within 30 days after receiving an application for 68
106-approval of a development permit or development order, a 69
107-municipality must review the application for completeness and 70
108-issue a letter indicating that all required information is 71
109-submitted or specifying with particularity any areas that are 72
110-deficient. If the application is deficient, the applicant has 30 73
111-days to address the deficiencies by submitting the required 74
112-additional information. 75
88+application complete, or 180 days for applications that require 51
89+final action through a quasi -judicial hearing or a public 52
90+hearing, the county must approve, approve with conditions, or 53
91+deny the application for a development permit or development 54
92+order. Both parties may agree to a reasonable request for an 55
93+extension of time, particularly in the event of a force majeure 56
94+or other extraordinary circumstance. An approval, approval with 57
95+conditions, or denial of the application for a development 58
96+permit or development order must include written findings 59
97+supporting the county's decision. The timeframes contained in 60
98+this subsection do not a pply in an area of critical state 61
99+concern, as designated in s. 380.0552. 62
100+ Section 2. Subsection (1) of section 166.033, Florida 63
101+Statutes, is amended to read: 64
102+ 166.033 Development permits and orders. — 65
103+ (1)(a) Within 30 days after receiving an applicati on for 66
104+approval of a development permit or development order, a 67
105+municipality must review the application for completeness and 68
106+issue a letter indicating that all required information is 69
107+submitted or specifying with particularity any areas that are 70
108+deficient. If the application is deficient, the applicant has 30 71
109+days to address the deficiencies by submitting the required 72
110+additional information. 73
111+ (b) Once the applicant has provided responses concerning 74
112+the areas that were deficient, the municipality may only provide 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (b) Once the applicant has provided responses concerning 76
126-the areas that were deficient, the municipality may only provide 77
127-additional comments on the deficiencies that are directly 78
128-related to the deficiencies that were identified during the 79
129-first review period or th at directly address the responses given 80
130-by the applicant. The municipality may also make additional 81
131-comments as a result of new information submitted by the 82
132-applicant. 83
133- (c) Within 120 days after the municipality has deemed the 84
134-application complete, or 180 days for applications that require 85
135-final action through a quasi -judicial hearing or a public 86
136-hearing, the municipality must approve, approve with conditions, 87
137-or deny the application for a development permit or development 88
138-order. Both parties may agree to a reasonable request for an 89
139-extension of time, particularly in the event of a force majeure 90
140-or other extraordinary circumstance. An approval, approval with 91
141-conditions, or denial of the application for a development 92
142-permit or development order must include written findings 93
143-supporting the municipality's decision. The timeframes contained 94
144-in this subsection do not apply in an area of critical state 95
145-concern, as designated in s. 380.0552 or chapter 28 -36, Florida 96
146-Administrative Code. 97
147- Section 3. Subsection (7 ) is added to section 163.3202, 98
148-Florida Statutes, to read: 99
149- 163.3202 Land development regulations. — 100
125+additional comments on the deficiencies that are directly 76
126+related to the deficiencies that were identified during the 77
127+first review period or that directly address the responses given 78
128+by the applicant. The municipality may also make additional 79
129+comments as a result of new information submitted by the 80
130+applicant. 81
131+ (c) Within 120 days after the municipality has deemed the 82
132+application complete, or 180 days for applications that require 83
133+final action through a quasi -judicial hearing or a public 84
134+hearing, the municipality must approve, approve with conditions, 85
135+or deny the application for a development permit or development 86
136+order. Both parties may agree to a reasonable request for an 87
137+extension of time, particularly in the event of a force majeure 88
138+or other extraordinary circumstance. An approval, approval with 89
139+conditions, or denial of the application for a development 90
140+permit or development order must include written findings 91
141+supporting the municipality's decision. The timeframes contained 92
142+in this subsection do not apply in an area of critical state 93
143+concern, as designated in s. 380.0552 or chapter 28 -36, Florida 94
144+Administrative Code. 95
145+ Section 3. Subsection (7) is added to section 163.3202, 96
146+Florida Statutes, to read: 97
147+ 163.3202 Land development regulations. — 98
148+ (7) Each local government must adopt residential infill 99
149+development standards in its land use regulations by October 1, 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162- (7) To ensure a uniform process for new development, each 101
163-local government with $10 million or more in total revenue must 102
164-adopt residential infill develo pment standards in its land use 103
165-regulations by January 1, 2023, and each local government with 104
166-$10 million or more in total revenue after July 1, 2022, must 105
167-adopt residential infill development standards in its land use 106
168-regulations within 18 months after r eaching the $10 million 107
169-revenue threshold. The residential infill development standards 108
170-must be considered in local decisionmaking. A local government 109
171-may adopt its own residential infill development standards or 110
172-may use the guidelines set forth in paragra phs (b) and (c) in 111
173-developing its standards. All residential infill development 112
174-standards must provide that a residential infill development 113
175-project that is located within an area that has a basin 114
176-management action plan adopted under s. 403.067 must comply with 115
177-the water quality standards established in the basin management 116
178-action plan. 117
179- (a) A residential infill development is an important 118
180-component and useful mechanism for a local government to promote 119
181-redevelopment and revitalization. A residential infill 120
182-development is not intended to promote the premature subdivision 121
183-of land which exceeds the average densities of the immediate 122
184-vicinity and produces excessively smaller lots than those found 123
185-on surrounding parcels, but should consider the current land 124
186-development patterns within the immediate vicinity. Residential 125
162+2022, to ensure a uniform process for new development. The 101
163+residential infill development standards must be considered in 102
164+local decisionmaking. 103
165+ (a) A residential infill development is an important 104
166+component and useful mechanism for a local government to promote 105
167+redevelopment and revitalization. A residential infill 106
168+development is not intended to promote the premature subdivision 107
169+of land which exceeds the average densities of the immediate 108
170+vicinity and produces excessively smaller lots than those found 109
171+on surrounding parcels, but should consider the current land 110
172+development patterns within the immediate vicinity. Residential 111
173+infill developments are intended to aid in the revitalization of 112
174+existing communities by encouraging consistent and compatible 113
175+redevelopment and to promote reinvestment in established 114
176+neighborhoods and cure blighted parcels. For purposes of this 115
177+subsection, a "resident ial infill development" is an area 116
178+consisting of a development or subdivision of land designated as 117
179+such by a local government wherein the dimensional requirements 118
180+of the land use district are relaxed and the local government 119
181+review process is expedited. 120
182+ (b) Local governments must use the following guidelines in 121
183+developing the residential infill development standards: 122
184+ 1. The size of the land development or subdivision may be 123
185+below the minimum dimensional requirements of the land use 124
186+category in which it is located. 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-infill developments are intended to aid in the revitalization of 126
200-existing communities by encouraging consistent and compatible 127
201-redevelopment and to promote reinvestment in established 128
202-neighborhoods and cure blighted parcels. For purposes of this 129
203-subsection, a residential infill development is an area 130
204-consisting of a development or subdivision of land designated as 131
205-such by a local government wherein the dimensional requirements 132
206-of the land use district are relaxed and the local government 133
207-review process is expedited. 134
208- (b) Local governments must use the following guidelines in 135
209-developing the residential infill development standards: 136
210- 1. The size of the land development or subdivision may be 137
211-below the minimum dimensional requirements of the land use 138
212-category in which it is located. 139
213- 2. A residential infill development may not exceed the 140
214-maximum allowable density established by the local government's 141
215-comprehensive plan. 142
216- 3. A residential infill development area must be located 143
217-in an area with a defined development pattern. 144
218- 4. A residential infill development area must be located 145
219-within one or more residential suburban or residential low land 146
220-use districts. 147
221- 5. A residential infill development area must be located 148
222-in an area with sufficient services to avoid future public 149
223-service deficiencies. A local government, in reviewing an 150
199+ 2. A residential infill development may not exceed the 126
200+maximum allowable density established by the local government's 127
201+comprehensive plan. 128
202+ 3. A residential infill development area must be located 129
203+in an area with a defined development patte rn. 130
204+ 4. A residential infill development area must be located 131
205+within one or more residential suburban or residential low land 132
206+use districts. 133
207+ 5. A residential infill development area must be located 134
208+in an area with sufficient services to avoid future pub lic 135
209+service deficiencies. A local government, in reviewing an 136
210+application for a residential infill development, shall consider 137
211+the availability of schools, public water, public sewer, road 138
212+capacities, law enforcement protection, fire protection, 139
213+emergency medical service, and reasonable proximity to public 140
214+parks. 141
215+ 6. A residential infill development may be allowed on a 142
216+parcel that is adjacent to similar development. 143
217+ 7. Lots within a residential infill development must be at 144
218+least as large as the average lot size in the immediate 145
219+vicinity. 146
220+ 8. Building setbacks may be greater than or equal to the 147
221+average building setback found on abutting parcels. Building 148
222+setbacks may also be consistent with the dimensional 149
223+requirements of the land use district as specif ied in the local 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-application for a residential infill development, shall consider 151
237-the availability of schools, public water, public sewer, road 152
238-capacities, law enforcement protection, fire protection, 153
239-emergency medical serv ice, and reasonable proximity to public 154
240-parks. 155
241- 6. A residential infill development may be allowed on a 156
242-parcel that is adjacent to similar development. 157
243- 7. Lots within a residential infill development must be at 158
244-least as large as the average lot size in the immediate 159
245-vicinity. 160
246- 8. Building setbacks may be greater than or equal to the 161
247-average building setback found on abutting parcels. Building 162
248-setbacks may also be consistent with the dimensional 163
249-requirements of the land use district as specified in the l ocal 164
250-government's land development code. 165
251- 9. If a residential infill development abuts a roadway 166
252-stub-out, the new roadways built must connect to the roadway 167
253-stub-out. 168
254- 10. Stormwater retention facilities within a residential 169
255-infill development may not b e constructed to degrade or 170
256-adversely affect the existing character of the immediate 171
257-vicinity. 172
258- 11. A residential infill development may not be larger 173
259-than 120 acres. Developments shall not be phased or 174
260-incrementally expanded with the intent to circumvent the acreage 175
236+government's land development code. 151
237+ 9. If a residential infill development abuts a roadway 152
238+stub-out, the new roadways built must connect to the roadway 153
239+stub-out. 154
240+ 10. Stormwater retention facilities within a residential 155
241+infill development may not be constructed to degrade or 156
242+adversely affect the existing character of the immediate 157
243+vicinity. 158
244+ 11. A residential infill development may not be larger 159
245+than 120 acres. Developments shall not be phased or 160
246+incrementally expanded with the intent t o circumvent the acreage 161
247+limit. 162
248+ 12 Building types within the residential infill 163
249+development may only include types that exist on any parcel in 164
250+the immediate vicinity, but may not include mobile homes. 165
251+ (c) Each local government must adopt guidelines to be used 166
252+by applicants seeking designations as residential infill 167
253+developments. The regulations must provide procedures for the 168
254+review of applications. The regulations must require that the 169
255+applicant: 170
256+ 1 Consider whether the residential infill development 171
257+recognizes the surrounding pattern of development and whether 172
258+the residential infill development is contrary to the density 173
259+and dimensional requirements of land tracts that abut the 174
260+development. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-limit. 176
274- 12. Building types within the residential infill 177
275-development may only include types that exist on any parcel in 178
276-the immediate vicinity, but may not include mobile homes. 179
277- (c) Each local government must adopt guidelines to be used 180
278-by applicants seeking designations as residential infill 181
279-developments. The guidelines must provide procedures for the 182
280-review of applications. The guidelines must require that the 183
281-applicant: 184
282- 1. Consider whether the residential infill development 185
283-recognizes the surrounding pattern of development and whether 186
284-the residential infill development is contrary to the density 187
285-and dimensional requirements of land tracts that abut the 188
286-development. 189
287- 2. Consider the surrounding pattern of development, 190
288-including existing road layout, densities, lot sizes, and 191
289-setbacks of parcels and developments that abut the subject site. 192
290- 3. Confirm the following in the designation application: 193
291- a. The residential infill development connects or will 194
292-connect to central water and sewer. 195
293- b. Law enforcement for the local government jurisdiction 196
294-has no objection to the residential infill development. 197
295- c. The average response time of the local government fire 198
296-and emergency medical services and the area of the residential 199
297-infill development is within the average response times. 200
273+ 2. Consider the surrounding pattern of development, 176
274+including existing road layout, densities, lot sizes, and 177
275+setbacks of parcels and developments that abut the subject site. 178
276+ 3. Check the appropriate statements regarding the 179
277+provision of potable water, sewer, public parks, public schools, 180
278+traffic capacity, and p ublic roadways, using a checklist similar 181
279+to the following: 182
280+ 183
281+[ ] The residential infill development connects to 184
282+central water and sewer. 185
283+[ ] No objection from law enforcement does not object 186
284+to the residential infill development. 187
285+[ ] The residential inf ill development is within the 188
286+average response time of the local government fire and 189
287+emergency medical services. 190
288+[ ] At least one park or playground is located within 191
289+2 miles of the residential infill development. 192
290+[ ] The schools are operating at adequat e capacity for 193
291+the residential infill development or concurrency 194
292+provisions have been made to ensure adequate capacity. 195
293+[ ] The roads within the residential infill 196
294+development will be constructed to follow the existing 197
295+roadway network found in the immedia te vicinity. New 198
296+roads will be required to connect to stub -outs that 199
297+were originally constructed to connect new development 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310- d. At least one park or playground is located within 2 201
311-miles of the residential infill development. 202
312- e. The schools serving the area of the residential infill 203
313-development have sufficient capacity for the residentia l infill 204
314-development or concurrency provisions have been made to ensure 205
315-adequate capacity. 206
316- f. The roads within the residential infill development 207
317-will be constructed to conform with the existing roadway network 208
318-found in the immediate vicinity. New roads will be required to 209
319-connect to stub-outs that were originally constructed to connect 210
320-new development with existing developments. 211
321- g. The sidewalks within the residential infill development 212
322-will be installed along one side of collector and arterial roads 213
323-when existing sidewalk infrastructure is located within 100 feet 214
324-of the development. 215
325- h. Minimum lot sizes will be determined by the average lot 216
326-size of parcels in the immediate vicinity or at least 5,500 217
327-square feet, whichever is greater. 218
328- i. Infill development will be either determined by the 219
329-dimensional requirements established for the land use district 220
330-in which the site is located or determined by the average 221
331-setback and height of existing structures on parcels in the 222
332-immediate vicinity. 223
333- (d)1. A local government may not approve a deficient 224
334-application as a residential infill development. Where 225
310+with existing developments. 201
311+[ ] The sidewalks within the residential infill 202
312+development will be installed along one side of 203
313+collector and arterial roads when existing sidewalk 204
314+infrastructure is located within 100 feet of the 205
315+development. 206
316+[ ] Minimum lot sizes will be determined by the 207
317+average lot size of parcels in the immediate vicinity 208
318+or at least 5,500 square feet, whichever is gr eater. 209
319+[ ] Infill development will be either determined by 210
320+the dimensional requirements established for the land 211
321+use district in which the site is located or determined 212
322+by the average setback and height of existing 213
323+structures on parcels in the immediate v icinity. 214
324+ 215
325+ (d)1. A local government may not approve an application as 216
326+a residential infill development if it contains many 217
327+deficiencies. Where deficiencies exist, the applicant bears the 218
328+burden to prove the benefits of the residential infill 219
329+development outweigh the deficiencies in services. 220
330+ 2. A local government may not deny an applicant's request 221
331+for designation as a residential infill development if the 222
332+applicant has complied with the general intent and development 223
333+standards of this subsection. 224
334+ (e) An applicant may appeal a denial of an application to 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-deficiencies exist, the applicant bears the burden to prove the 226
348-benefits of the residential infill development outweigh the 227
349-deficiencies in services. 228
350- 2. A local government may not deny an applicant's request 229
351-for designation as a residential infill development if the 230
352-applicant has complied with the development standards of this 231
353-subsection. 232
354- (e) An applicant may appeal a denial of an application 233
355-through an administrative appeal. The local government must 234
356-render a decision within 30 days after receiving the 235
357-administrative appeal. If the local government fails to issue a 236
358-final decision within 30 days, the application is deemed 237
359-approved. 238
360- (f) Each local govern ment must amend its development 239
361-regulations to include residential infill development as a 240
362-zoning classification and must incorporate it as an appropriate 241
363-land use classification under the local government comprehensive 242
364-plan. 243
365- Section 4. Paragraph (a) o f subsection (1) of section 244
366-553.792, Florida Statutes, is amended and paragraph (c) is added 245
367-to subsection (2) of that section, to read: 246
368- 553.792 Building permit application to local government. — 247
369- (1)(a) Within 10 days after of an applicant submits 248
370-submitting an application to the local government, the local 249
371-government shall advise the applicant what information, if any, 250
347+a local government planning commission. Appeals to a local 226
348+government planning commission shall follow a local government 227
349+planning commission's rule and regulations. 228
350+ (f) Each local government must amend its development 229
351+regulations to include residential infill development as a 230
352+zoning classification and must incorporate it as an appropriate 231
353+land use classification under the local government comprehensive 232
354+plan. 233
355+ Section 4. Paragraph (a) of subsecti on (1) of section 234
356+553.792, Florida Statutes, is amended and paragraph (c) is added 235
357+to subsection (2) of that section, to read: 236
358+ 553.792 Building permit application to local government. — 237
359+ (1)(a) Within 10 days after of an applicant submits 238
360+submitting an application to the local government, the local 239
361+government shall advise the applicant what information, if any, 240
362+is needed to deem the application properly completed in 241
363+compliance with the filing requirements published by the local 242
364+government. If the local go vernment does not provide written 243
365+notice that the applicant has not submitted the properly 244
366+completed application, the application shall be automatically 245
367+deemed properly completed and accepted. Within 45 days after 246
368+receiving a completed application, a local government must 247
369+notify an applicant if additional information is required for 248
370+the local government to determine the sufficiency of the 249
371+application, and shall specify the additional information that 250
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377377 CODING: Words stricken are deletions; words underlined are additions.
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-is needed to deem the application properly completed in 251
385-compliance with the filing requirements published by the local 252
386-government. If the local government does not provide written 253
387-notice that the applicant has not submitted the properly 254
388-completed application, the application shall be automatically 255
389-deemed properly completed and accepted. Within 45 days after 256
390-receiving a completed appli cation, a local government must 257
391-notify an applicant if additional information is required for 258
392-the local government to determine the sufficiency of the 259
393-application, and shall specify the additional information that 260
394-is required. However, the local government may only request more 261
395-information on the additional information provided to the local 262
396-government by the applicant and may not make new comments on the 263
397-original application. The applicant must submit the additional 264
398-information to the local government or re quest that the local 265
399-government act without the additional information. While the 266
400-applicant responds to the request for additional information, 267
401-the 120-day period described in this subsection is tolled. Both 268
402-parties may agree to a reasonable request for an extension of 269
403-time, particularly in the event of a force majeure or other 270
404-extraordinary circumstance. The local government must approve, 271
405-approve with conditions, or deny the application within 120 days 272
406-after following receipt of a completed application. 273
407- (2) 274
408- (c) Notwithstanding any local ordinance that may otherwise 275
409-
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419-
420-
421-apply to the contrary, if an applicant provides additional 276
422-information based on deficiencies identified by the local 277
423-government in the application, the local government may only 278
424-provide additional comments that are directly related to the 279
425-deficiencies that were identified during the first review period 280
426-or that directly address the responses given by the applicant. 281
427-The local government may also make additional comments as a 282
428-result of new informa tion submitted by the applicant. 283
429- Section 5. This act shall take effect July 1, 2022. 284
384+is required. However, the local government may only reque st more 251
385+information on the additional information provided to the local 252
386+government by the applicant and may not make new comments on the 253
387+original application. The applicant must submit the additional 254
388+information to the local government or request that the local 255
389+government act without the additional information. While the 256
390+applicant responds to the request for additional information, 257
391+the 120-day period described in this subsection is tolled. Both 258
392+parties may agree to a reasonable request for an extension of 259
393+time, particularly in the event of a force majeure or other 260
394+extraordinary circumstance. The local government must approve, 261
395+approve with conditions, or deny the application within 120 days 262
396+after following receipt of a completed application. 263
397+ (2) 264
398+ (c) Notwithstanding any local ordinance that may otherwise 265
399+apply to the contrary, if an applicant provides additional 266
400+information based on deficiencies identified by the local 267
401+government in the application, the local government may only 268
402+provide additional comments t hat are directly related to the 269
403+deficiencies that were identified during the first review period 270
404+or that directly address the responses given by the applicant. 271
405+The local government may also make additional comments as a 272
406+result of new information submitted by the applicant. 273
407+ Section 5. This act shall take effect July 1, 2022. 274