Section 13-4-403 - Program requirements - Pre-application conference - Decision making authority of the municipal planning commission(a) The voluntary attainable housing incentive program must require a property owner to provide written notice of interest for consideration under the program. A municipality shall not compel any property owner to participate in a program.(b) A potential applicant must provide notice of interest for consideration under a voluntary attainable housing incentive program to the municipal planning commission staff. Upon receipt of a potential applicant's written notice of interest by the municipal planning commission staff, a pre-application conference must be held between the municipal planning commission staff and the potential applicant before a complete application for housing incentives is filed. The purpose of the pre-application conference is to determine whether a potential project satisfies all of the requirements set out in the ordinance created under § 13-4-402.(c)(1) Upon the conclusion of the pre-application conference, the municipal planning commission staff, shall either:(A) Determine that the proposed project satisfies the requirements to receive housing incentives as set out in the ordinance established under § 13-4-402, and thereafter prepare a conference summary document that includes at a minimum: (i) The parameters of the project, including the timeframe for completing the project;(ii) The incentives being offered;(iii) A finding that the potential project conforms to the ordinance and state law; and(iv) A recommendation to the planning commission; or(B) Determine that the proposed project does not conform to the ordinance established under § 13-4-402 and state law or that the property owner is no longer interested in participation in the voluntary program. When the proposed project is determined to not meet the requirements of the ordinance established under § 13-4-402, the property owner may either request another meeting within sixty (60) days of the pre-application conference or move forward with the proposed project without the requested incentives.(2) Any finding referenced in subdivision (c)(1)(A) by planning commission staff is not binding and does not create any vested property rights for the property owner.(d) Upon receipt of the pre-application conference summary document, the potential applicant may submit a complete application to the planning commission for participation in the voluntary attainable housing incentive program. Such application must include a copy of the pre-application conference summary document and an attestation that the applicant is willingly participating in a voluntary program and will construct and complete the project timely within the manner outlined and reviewed in the pre-application conference. The applicant must submit a completed application to the planning commission within one hundred twenty (120) days of receiving the pre-application conference summary document for the completed application to be considered.(e) The municipal planning commission shall make the final decision on whether to approve the completed application at the next public meeting held after the completed application is submitted. The planning commission shall review the completed application to determine if it is within the parameters of the pre-application conference summary document. If the completed application is determined to be within the parameters of the pre-application conference summary document, the completed application must not be denied based on any provisions set out in the document. The commission may deny the application based upon any legal issue subsequently identified during the review of the completed application.(f) All multi-family facilities, buildings, and structures constructed under a voluntary attainable housing incentive program must be deed-restricted to ensure that the attainable housing continues in perpetuity.Added by 2024 Tenn. Acts, ch. 1051,s 2, eff. 7/1/2024.