by
Mary Edenfield
| Feb 02, 2024
CS/CS/HB 267 (Esposito) and SB 684 (DiCeglie) are comprehensive building permit bills. Of concern to cities, the bills do the following:
Expedited Approval of Residential Permits for Large Scale Developments
•Require municipalities with a population of 30,000 or more to create a program to expedite the process of issuing building permits for residential subdivisions by August 15, 2024.
•Create a two-step application process that would include the adoption of a preliminary plat and a final plat in order to expedite the issuance of building permits.
•Allow cities to work with the appropriate local government agencies to issue an address and a temporary parcel identification number for lot lines and lot sizes based on the metes and bounds of the plat contained in the application.
•CS/CS/HB 267 was amended to require applicants to have a performance bond for up to 130%. The Senate Companion, SB 684, requires applicants to have a performance bond for up to 120%.
•Require applicants to indemnify local governments that issue the permit.
•Specifies that upon an applicant's request, a local government must issue no less than 50% of the permits for dwellings to be built.
•CS/CS/HB 267 was amended to remove the provisions above from the bill.
Shorten Timeframes for Building Permits (applies to all municipalities)
•CS/CS/HB 267 was amended to remove the requirement for the local jurisdiction to reduce the permit fee by 75% if an owner retains a private provider. SB 684 maintains this provision.
•Reduce the timeframe when municipalities must provide written notice of receipt and any other additional information that is required for a properly completed application to an applicant.
•Reduce the number of times a municipality can ask an applicant for additional information.
•Allow an application to be “deemed” approved if municipalities fail to meet any of the timeframes.
Only in CS/CS/HB 267:
•Requires a local government to:
oDetermine if a building permit application is complete within five business days of receiving the application, previously set at 10 days.
oDetermine if a building permit application is sufficient within 10 business days of receiving a completed application, previously set at 45 days.
oApprove, approve with conditions, or deny a complete and sufficient permit application within the following timeframes:
30 business days for applicants using local government review, previously set at 120 days;
15 business days for applicants using a private provider, previously set at 120 days; and
10 business days for applicants for a permit under an already-approved master plan permit, previously set at 120 days.
60 business days for applicants for a multifamily project; previously set at 120 days.
oReview a completed application for sufficiency within 10 business days.
oProvide an opportunity for a virtual meeting, instead of just an in-person meeting, before a second request for additional information may be made. (Branch)