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4967S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1286
AN ACT
To amend chapter 67, RSMo, by adding thereto one new
section relating to applications for property
developments.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto
one new section, to be known as section 67.486, to read as
follows:
67.486. 1. As used in this section, the following
terms mean:
(1) "Political subdivision", a local public body
created under the Constitution of Missouri or by the general
assembly that exercises governmental functions for purposes
of a request made under this section;
(2) "Request", an application for a building permit
related to the development of a single-family residential
improvement upon real estate within the jurisdiction of such
political subdivision. "Request" does not include an appeal
to a zoning board of appeals or planning commission
designated as a zoning board of appeals.
2. (1) If an applicant submits a request to a
political subdivision, the political subdivision shall
approve or deny the applicant's request within sixty
calendar days.
(2) If no response is received by an applicant within
sixty calendar days, the request shall be deemed approved
and the applicant is authorized to proceed with the
construction as provided in the request.
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(3) If the request is approved, the political
subdivision shall not impose on the applicant additional
requirements related to the request.
(4) (a) If the political subdivision denies the
request, the political subdivision shall state in writing to
the applicant the reasons for the denial.
(b) The written denial shall consist of the following:
a. If the request relates to work that is stamped by a
certified design professional and such request is denied on
the basis of the political subdivision's rejection of such
work, a detailed description of why the work of the design
professional who stamped such work is so inferior or so
insufficient that the political subdivision cannot approve
the request; or
b. If the request is denied on the basis of a
violation of a code provision governing any part of the
development or improvement that is the subject of the
request, a citation to the code provision the political
subdivision determines has been violated.
(5) The time limit in this subsection begins upon the
political subdivision's receipt of the applicant's request
as indicated by the political subdivision's notification to
the applicant that the applicant's electronic submission was
received or a receipt provided to the applicant upon the in-
person submission of such request.
3. (1) A political subdivision may deny an
applicant's request under subsection 2 of this section as
incomplete.
(2) The request is incomplete if the political
subdivision determines the request fails to contain all
information required by law, or by rule, ordinance, or
policy of the political subdivision, adopted prior to the
submission of the request.
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(3) If the political subdivision denies a request as
incomplete, the political subdivision shall state in writing
to the applicant the reasons for the denial of the request
as incomplete and provide the applicant ten calendar days
during which such applicant may resubmit the application
with the requested information for a review in the
application's entirety for approval or denial as provided
under subsection 2 of this section.
(4) If an applicant resubmits a subsequent incomplete
request after receiving a written denial as incomplete, the
political subdivision shall not issue a subsequent denial of
the request as incomplete for reasons not included in the
denial for incompleteness of the initial request.
(5) Nothing in this subsection prevents a political
subdivision from denying any resubmitted incomplete request
for a reason related to the merits of the request rather
than the completeness of the request as provided under
subsection 2 of this section.
4. If an applicant resubmits a request after receiving
a written denial as required under subsection 2 of this
section, the political subdivision shall not issue a
subsequent denial that includes additional unrelated reasons
for denial that were unspecified and not included in the
denial of the initial request.
5. (1) The time limit in subsection 2 of this section
shall reset only if, within twenty calendar days of receipt
of the applicant's initial request, the political
subdivision sends written notice to the applicant of the
denial of the request as incomplete as provided under
subsection 3 of this section.
(2) If the denial of the request as incomplete by the
political subdivision is after twenty calendar days and
before the time limit in subsection 2 of this section and
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the applicant resubmits the application with the requested
information for a review in the application's entirety, the
political subdivision shall have ten calendar days to
approve or deny the application based on the merits.