K.S.A. § 12-16,226 — KS Code / Chapter 12 / Article 16 / Section 12-16,226
12-16,226 - Review by local governments of applications for certain building permits; deadlines; decisions and notices; incomplete or insufficient applications; deemed approvals; application of resolutions, ordinances or policy and conditions for approval; electronic signatures; when notices and applications deemed provided and submitted; effect on existing deadlines.
Status: in_force

12-16,226. Review by local governments of applications for certain building permits; deadlines; decisions and notices; incomplete or insufficient applications; deemed approvals; application of resolutions, ordinances or policy and conditions for approval; electronic signatures; when notices and applications deemed provided and submitted; effect on existing deadlines. (a) (1) (A) Except as provided by subparagraph (B), a local government shall approve or deny an application and provide written notice of such decision to the applicant within 60 days of receipt of a complete application. If an application is not complete, the local government shall provide written notice to the applicant of the reason or reasons that the application is deemed not complete within 15 days of receipt of the application and provide an opportunity for the applicant to submit missing information, make required modifications or cure any other deficiency. If the application is not complete when received by the local government, the date that the applicant completes the application shall constitute the date of receipt of the application, except as provided by paragraph (2).

(B) The requirement that the local government approve or deny an application and provide written notice of such decision to the applicant within 60 days of receipt of a complete application pursuant to the provisions of subsections (a) and (b) shall not apply if an applicant agrees in writing to proceed with phased permitting.

(2) If the local government fails to provide written notice to the applicant that an application is not complete within 15 days of receipt of an incomplete application, the deadline of 60 days for the provision of written notice of approval or denial by the local government pursuant to paragraph (1) shall apply starting from the date that such incomplete application was received. If any deficiency in the application requires resolution prior to a decision by the local government and such deficiency cannot be cured by the applicant within the period required that the local government may reasonably approve or deny the application, the local government shall deny the application as required by this act, with leave for the applicant to resubmit the application. The provisions of paragraph (1) shall apply to any resubmitted application in the same manner applicable to the initial application. No additional filing fees shall be charged by the local government with respect to such a resubmission of an application following a denial. An application may be denied and resubmitted more than once in the event that the applicant is unable to timely cure a deficiency.

(b) If a local government fails to provide written notice to an applicant of the approval or denial of an application within 60 days from the date that such application is received or deemed received by the local government pursuant to subsection (a)(1) or (2), the application shall be deemed approved by the local government.

(c) (1) The local government shall state the reasons for a denial of an application in the written notice to the applicant. A local government shall not deny an application on the basis of a rule, resolution, ordinance or policy of the local governmental authority or respective municipality, city, county, township, district or other political subdivision of the state that is adopted or amended subsequent to the date the complete application was submitted by the applicant to the local government.

(2) In approving an application, the local government shall not require any conditions or requirements pursuant to a rule, resolution, ordinance or policy of the local governmental authority or respective municipality, city, county, township, district or other political subdivision that was not adopted or amended prior to the date that the complete application was submitted by the applicant to the local government.

(d) For purposes of this act, any required signatures may be electronic. A local government shall provide written notice of a decision on an application or of an incomplete application, and an applicant shall submit an application on the date that the:

(1) Notice is deposited in the United States mail by the local government, addressed to the address provided by the applicant and proof of the date of mailing is obtained;

(2) application of the applicant is received in the United States mail by the local government;

(3) notice or application is written in the body of or in an attachment to an email sent to the email address provided by the applicant or local government. If possible, the email shall be sent with a request for a delivery receipt confirming that the email was delivered to the recipient's email server;

(4) notice or application is faxed to the facsimile number provided by the applicant or local government; or

(5) notice or application is submitted to a private courier for delivery addressed to the address provided by the applicant or local government and proof of the date of submission to such courier is obtained.

(e) For purposes of determining deadlines pursuant to this act, weekends shall be included. Federal or state holidays shall not be included.

(f) The provisions of this section shall not supersede any rule, resolution, ordinance or policy of a municipality, city, county or other political subdivision of this state providing for a shorter period of time for a local governmental authority to issue decisions upon applications or give notice of incomplete applications. The specified deadlines and provisions of this section shall apply in addition to any such requirements.