This bill proposes significant updates to current statutes regarding municipal and county development by introducing new requirements for exactions imposed on applicants for proposed projects. Under the new provisions, municipalities and counties are prohibited from imposing exactions without providing written notice to the applicant. Upon receiving this notice, applicants can request an individualized determination that outlines the basis for the exaction, including the methodology and data used to assess the anticipated adverse impact of the project. The municipality or county is responsible for the costs associated with this determination, which must be completed within sixty days. If the determination is not provided in this timeframe, the exaction is deemed excessive and waived.

Additionally, the bill establishes a process for applicants to appeal the individualized determination if they object to its conclusions. The burden of proof lies with the municipality or county to demonstrate that the exaction is roughly proportional to the project's adverse impact. Applicants may also proceed under protest while appealing the exaction, and they have the right to challenge the determination in court, where the court will review the exaction de novo. The bill further clarifies definitions related to exactions and individualized determinations, ensuring that applicants are protected and have clear avenues for recourse against potentially unjust exactions.

Statutes affected:
Introduced Version: 9-463.07, 11-810.02