HB 530

Create new sections of KRS Chapter 61 to require a permitting authority to issue a decision on any permit application within 60 days; automatically grant any permit if a permitting authority fails to render a decision within 60 days; require any denial or conditional approval of a permit to be based on clearly established applicable laws or regulations; grant Circuit Court jurisdiction over any permitting matter; require the Circuit Court to determine whether a permitting decision by the permitting authority was based on clear and convincing evidence; require the Circuit Court to award the applicant attorney's fees and costs if the court finds against the permitting authority; allow third-party challenges to permitting decisions only if the third-party has property adjacent to property that has been granted a permit and where the third-party can demonstrate concrete and particularized harm resulting from issuance of a permit; allow an applicant to appeal any adverse decision from a third-party challenge; require a third party to pay applicant's attorney's fees and costs if the permit is finally approved following a third-party challenge; create a new section of KRS Chapter 100 to grant by-right approval to housing projects which meet a planning unit's code or regulations; grant Circuit Court jurisdiction over any denial of a housing project under the section; require the Circuit Court to determine whether a denial by the planning unit was based on clear and convincing evidence; require Circuit Court to award the applicant attorney's fees and costs if the court finds against the planning unit; provide that the section does not prevent monitoring by the planning unit or affect restrictions in rules or regulations of a homeowners association, condominium association, or other property owners association; amend KRS 198B.060 to permit third-party plan review and inspections under new procedures; create a new section of KRS Chapter 198B to define terms; require regulatory authorities to provide information to prospective applicants regarding requirements to apply for a permit; require a regulatory authority to inform an applicant of whether the application is complete within 3 days and include whether the regulatory authority is able to perform plan review and inspection within specified time limits; require a regulatory authority to conduct plan review within 7 days of receipt of a complete application and inspections within 5 days of any request for an inspection being made; permit an applicant to use a qualifying third-party inspector; set out circumstances under which a regulatory authority may collect fees depending on use of a third-party inspector; set out what a third-party inspector may review and set out qualifications and requirements the third-party inspector must meet; require a regulatory authority to issue a permit within 1 business day of the completion of required plan reviews and inspections associated with an otherwise complete application; state that any ordinance, rule, or regulation contrary is void and unenforceable; state that a regulatory authority may issue a stop work order if a condition of a project constitute an immediate threat to public safety and welfare; establish immunity for the regulatory authority for action of an applicant or third-party inspector.