(a) As used in this section, “local government” means a municipality, county, or county having a metropolitan form of government.
(b) (1) Notwithstanding another law to the contrary, a local government responsible for reviewing a development application, development plan, or a site inspection submitted by a developer for the purpose of developing real property in this state shall:(A) Within sixty (60) business days of the submission, either approve the development application, development plan, or site inspection, or add the submission to the next available agenda of either the planning commission or the governing body;(B) Within thirty (30) business days of the submission, provide the developer with a written report of deficiencies with the development application, development plan, or site inspection. A local government shall make all efforts to consolidate all change requests pertaining to a single application into a single deliverable document or set of documents when sending change requests to an applicant; or(C) Within thirty (30) business days of the submission, request additional information necessary to ensure compliance with applicable regulations.(2) For purposes of the timeframes established in subdivision (b)(1), a day on which a local government's offices are closed for business during a state of emergency declared under § 58-2-107 does not count as a business day.(3) If a local government fails to take any of the actions listed in subdivision (b)(1) within the timeframes established, then the submission is deemed approved.
(1) Notwithstanding another law to the contrary, a local government responsible for reviewing a development application, development plan, or a site inspection submitted by a developer for the purpose of developing real property in this state shall:(A) Within sixty (60) business days of the submission, either approve the development application, development plan, or site inspection, or add the submission to the next available agenda of either the planning commission or the governing body;(B) Within thirty (30) business days of the submission, provide the developer with a written report of deficiencies with the development application, development plan, or site inspection. A local government shall make all efforts to consolidate all change requests pertaining to a single application into a single deliverable document or set of documents when sending change requests to an applicant; or(C) Within thirty (30) business days of the submission, request additional information necessary to ensure compliance with applicable regulations.
(A) Within sixty (60) business days of the submission, either approve the development application, development plan, or site inspection, or add the submission to the next available agenda of either the planning commission or the governing body;
(B) Within thirty (30) business days of the submission, provide the developer with a written report of deficiencies with the development application, development plan, or site inspection. A local government shall make all efforts to consolidate all change requests pertaining to a single application into a single deliverable document or set of documents when sending change requests to an applicant; or
(C) Within thirty (30) business days of the submission, request additional information necessary to ensure compliance with applicable regulations.
(2) For purposes of the timeframes established in subdivision (b)(1), a day on which a local government's offices are closed for business during a state of emergency declared under § 58-2-107 does not count as a business day.
(3) If a local government fails to take any of the actions listed in subdivision (b)(1) within the timeframes established, then the submission is deemed approved.
(c) If a local government issued a written report of deficiencies and subsequently received documentation that each deficiency has been satisfactorily resolved, then the local government must either approve the development application, development plan, or a site inspection, or place the submission on the next available agenda of either the planning commission or the governing body within thirty (30) business days of receipt of documentation that each deficiency has been satisfactorily resolved.
(d) A local government reviewing a development application, development plan, or site inspection shall not issue more than two (2) written reports of deficiencies. If deficiencies identified in a second written report are not satisfactorily resolved, then the local government must either:(1) Deny the application and provide written justification of the denial based upon specific evidence of noncompliance with one (1) or more statutory or regulatory requirements, and return to the developer fifty percent (50%) of the total amount of fees the developer paid to the local government during the review process; or(2) Conditionally approve the development application, development plan, or site inspection, or place the development application, development plan, or site inspection on the next available agenda of either the planning commission or governing body for conditional approval.
(1) Deny the application and provide written justification of the denial based upon specific evidence of noncompliance with one (1) or more statutory or regulatory requirements, and return to the developer fifty percent (50%) of the total amount of fees the developer paid to the local government during the review process; or
(2) Conditionally approve the development application, development plan, or site inspection, or place the development application, development plan, or site inspection on the next available agenda of either the planning commission or governing body for conditional approval.
(e) If an initial development application, development plan, or a site inspection submitted by a developer is incomplete, then the local government must notify the developer of such incompleteness in writing within thirty (30) business days of receipt of the submission. Notification of incompleteness does not constitute a written report of deficiency pursuant to subsection (d).