A. 
Initiation of Application.
1. 
Initiation by Owner or Owner’s Agent.
a. 
Unless provided by this Subdivision Ordinance, any petition or Application may be initiated only by the property owner, owner of an interest in the land, or by the owner’s designated agent.
b. 
If the Applicant is a designated agent, the Application shall include a written statement from the property owner authorizing the agent to file the Application on the owner’s behalf.
c. 
The Responsible Official may require submission of documents, such as an affidavit from the owner, to provide evidence of ownership or agency.
2. 
Initiation by City Manager.
The City Manager can initiate any Application authorized under this Subdivision Ordinance.
B. 
Waiver of Application Information.
The Responsible Official may initially waive the submission of any information in the Application and accompanying materials that are not necessary due to the scope and nature of the proposed activity.
C. 
Universal Application Contents.
1. 
Application Forms Generally.
The City is hereby authorized to prepare Application Forms that include information requirements, checklists, architectural or engineering drawing sizes, Applicant contact information, and any other information necessary to show compliance with City codes.
2. 
Information for All Applications.
All Applications shall contain the following information and shall be signed under oath stating that the Applicant believes the information contained therein is true to the best of his or her knowledge:
a. 
Identification of property owner and authorized agent;
b. 
Description of the property and the nature of the development that is the subject of the application;
c. 
Identification of all zoning classifications (inside the City only) for the property;
d. 
Identification of all pending legislative applications for the property;
e. 
Identification of decisions on all quasi-judicial or administrative Applications for the property that remain in effect;
f. 
Identification of all accompanying Applications;
g. 
Identification of all pending or accompanying requests for relief;
h. 
Demonstration of compliance with prior approved permits; and
i. 
Application signed by the owner of an interest in the land subject to the Application, or the owner’s designated agent.
3. 
All Application Forms are available from the City Manager.
D. 
Development Application Handbook.
The City Manager shall create, manage, and update a Development Application Handbook, which shall be a collection of Application Forms that the City Manager has created per subsection 4.01.C.1 (above).
E. 
Universal Application Fees.
1. 
Every Application shall be accompanied by the prescribed fees set forth in the adopted Fee Schedule.
2. 
The prescribed fee shall not be refundable, except when the City Council waives the Application fee for resubmission of an approval that was denied.
3. 
The Fee Schedule may be amended from time to time per procedures established by the City Council.
F. 
Payment of all Indebtedness Attributable to the Subject Property.
1. 
No Application shall be accepted or reviewed for completeness from a person who owes delinquent taxes, assessments, any fees, or is otherwise indebted to the City until the taxes, assessments, debts, or obligations shall have been first fully discharged by payment, or until an arrangement has been made for the payment of such debts or obligations.
2. 
It shall be the Applicant’s responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements have been made for payment of said taxes, fees, etc.
G. 
Modification of Applications.
The Applicant may modify any complete Application following its Official Vesting Date and prior to the expiration of the period, if any, during which the City is required to act on the Application.
1. 
Modifications Requested by the City.
If the modification is for revisions requested by the City, and the modification is received at least five (5) business days prior to the time scheduled for decision on the Application, then the Application shall be decided within the period for decision prescribed by this Subdivision Ordinance.
2. 
Modifications not Requested by the City.
a. 
In all other instances (e.g., when the Applicant chooses to submit a revised Application of his/her own accord because of a change in development decisions), submittal of a modified Application shall extend the time for deciding the Application for a period equal to the time specified in this Subdivision Ordinance to decide the original Application.
b. 
The extension of the time for deciding the Application shall commence on the date the modified Application is submitted.
i. 
For Plat Applications, a modified Application shall be accompanied by a properly executed Waiver of Right to 30-Day Action.
H. 
Action by Responsible Official.
1. 
Circulate and Compile Comments.
After the determination of completeness has been established, the Responsible Official shall circulate the Application to all other administrative officials and departments whose review is required for a decision on the Application and shall compile the comments and recommendations of the officials.
2. 
Decision Rendered, If Applicable.
The Responsible Official shall render a decision in the time prescribed for the applicable Application, if the official is the Decision Maker for the Application.
3. 
Forward Application and Provide Notification.
a. 
In cases where the Responsible Official is not the Decision Maker, the Responsible Official shall forward the Application for review to any advisory board/commission and the final Decision Maker, and shall prepare a report to such board or commission, or to the City Council, including the compilation of any comments and recommendations by other administrative officials.
b. 
The Responsible Official also shall prepare required notices and schedule the Application for decision within the time and in the manner required by this Subdivision Ordinance.
I. 
Recommendation by Advisory Board/Commission.
Unless otherwise prescribed within this Subdivision Ordinance, an advisory board/commission that is required to offer a recommendation to the Decision Maker shall recommend one of the following:
1. 
Recommend approval of the Application by the Decision Maker;
2. 
Recommend approval of the Application with conditions; or
3. 
Recommend denial of the Application.
J. 
Action by the Decision Maker.
1. 
The Decision Maker for the Application shall approve, approve with conditions or deny the Application within the time prescribed by this Subdivision Ordinance.
2. 
Unless otherwise prescribed by law or City Charter, where the Decision Maker is a board, commission or the City Council, the Application shall be decided by majority vote of a quorum of the members of the board, commission or the City Council.
K. 
Conditions.
The initial or final Decision Maker may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with applicable requirements of this Subdivision Ordinance.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A. 
Official Submission Date.
1. 
A calendar of official submission dates for subdivision related Applications requiring City review and approval pursuant to Texas Local Government Code Chapter 212 (if applicable) shall be published by the City thirty (30) calendar days prior to the beginning of each calendar year or within six (6) months after the adoption of this Subdivision Ordinance.
2. 
This calendar shall specify one “official submittal date” for each month.
3. 
All Applications delivered to the City on a date other than a scheduled date shall be dated received on the next Official Submission Date.
B. 
Official Vesting Date.
1. 
Pursuant to Texas Local Government Code Chapter 245, an Application or plan for development is considered filed on the date the Applicant delivers the Application or plan to the City or deposits the application or plan with the United States Postal Service by certified mail addressed to the City.
2. 
A certified mail receipt obtained by the Applicant at the time of deposit is prima facie evidence of the date the Application or plan was deposited with the United States Postal Service.
3. 
Every Application or plan is subject to a determination of completeness by the Responsible Official for processing the Application pursuant to section 4.04.B Determination of Completeness for Subdivision Related Applications.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A. 
Purpose.
1. 
The Pre-Application Conference is intended to allow for the exchange of nonbinding information between the Applicant and City Staff to ensure that the Applicant is informed of pertinent City development regulations and processes.
2. 
The Pre-Application Conference provides an opportunity for the Applicant and City Staff to discuss major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information.
3. 
This exchange of information is intended to promote an efficient and orderly review process.
B. 
Pre-Application Conference before the Submission of Plans and Applications.
1. 
Prior to formal submittal of any required plan or Application, the Applicant is encouraged to consult with the City Manager, the Building Official, and any other pertinent City Staff in order for the Applicant to become familiar with the City’s development regulations and the development process.
2. 
At the Pre-Application Conference, the Applicant may be represented by his/her land planner, engineer, surveyor, or other qualified professional.
3. 
Pre-Application Conferences are encouraged for all Plats Applications, see Sections 5.03 through 5.08.
C. 
Vested Rights Waiver.
1. 
The Pre-Application Conference is optional and allows for the exchange of information between the Applicant and City Staff. It is not the intent of the Pre-Application Conference to bind either the Applicant or City Staff to items discussed at the meeting.
2. 
For consideration of a vested right to develop under previously adopted regulations, refer to section 8.03 Subdivision Vested Rights Petition.
3. 
A Pre-Application Conference shall not commence or be held unless the property owner, or Applicant as an authorized agent of the property owner, signs a Vested Rights Waiver stating that no vested rights shall accrue from any discussion that occurs at the Pre-Application Conference.
4. 
If the property owner does not sign a Vested Rights Waiver, no such conference shall be held, and the property owner or his/her representatives may proceed with his/her Application submittal as he/she so chooses.
5. 
A copy of the Vested Rights Waiver form shall be available in the office of the City Manager.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A. 
Applicability.
The following procedures shall apply to any subdivision related plan or Application that is required by the City and is submitted in accordance with this Subdivision Ordinance.
B. 
Determination of Completeness for Subdivision Related Applications.
Every required Application shall be subject to a determination of completeness by the Responsible Official for processing the Application.
1. 
Acceptance Standards.
The Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Subdivision Ordinance. A typographical error shall not, by itself, constitute an incomplete Application.
2. 
Acceptance Procedures.
A determination of completeness of an Application shall be conducted in accordance with the following procedures:
a. 
A determination of completeness shall be made by the Responsible Official not later than the tenth (10th) business day, unless otherwise specified, after the Official Vesting Date.
b. 
If the submitted Application is incomplete, then the Applicant shall be notified in writing not later than the tenth (10th) business day after the Official Vesting Date.
i. 
Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the Application.
ii. 
The notification shall specify the documents or other information needed to complete the Application, and shall state the date the Application will expire (see subsection 4.04.E Expiration of a Subdivision Related Application - Before Approval Decision) if the documents or other information are not provided to the City.
c. 
An Application shall be deemed complete on the eleventh (11th) business day after the Application has been received if notice is not served in accordance with subsection 4.04.B.2.b (above).
d. 
If the Application is determined to be complete, the Application shall be processed as prescribed by this Subdivision Ordinance.
3. 
Acceptance shall not Constitute Compliance.
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Subdivision Ordinance.
4. 
Acceptance shall not Guarantee Approval.
There is no implied intent or guarantee that an accepted and completed Application will be approved, if after the Application is deemed complete, it is determined that the Application does not comply with this Subdivision Ordinance.
C. 
Resubmittal after Notification of Incompleteness.
1. 
If the Application is resubmitted after a notification of incompleteness, the Application shall be processed upon receipt of the resubmittal.
2. 
The statutory 30-day time frame for Plat approvals shall begin on the date of the resubmittal.
3. 
To the extent that the information or documents submitted is not sufficient to enable the Decision Maker to apply the criteria for approval, the Application may be denied on such grounds.
D. 
Waiver of Right to 30-Day Action.
The City Manager shall be the Responsible Official to approve a Waiver of Right to 30-Day Action.
1. 
Request.
An Applicant may submit in writing a Waiver of Right to 30-Day Action.
2. 
Received.
a. 
If the Applicant is requesting a Waiver of Right to 30-Day Action, the Waiver of Right to 30-Day Action must be received by the City Manager on or before the seventh (7th) calendar day prior to the Planning and Zoning Commission meeting at which action would have to be taken (based on the 30-day requirement in State law) on the Application.
b. 
Waiver requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the Application at such meeting as scheduled.
3. 
Requirements Maintained.
a. 
Submission of a Waiver of Right to 30-Day Action, and acceptance of such waiver by the City as part of an Application, shall not be deemed in any way a waiver to any requirement within this Subdivision Ordinance.
b. 
A waiver from requirements herein is a separate and distinct process (see section 8.01 Petition for Subdivision Waiver).
E. 
Expiration of a Subdivision Related Application - Before Approval Decision.
Pursuant to Texas Local Government Code Chapter 245, a subdivision related Application shall automatically expire (ending all vesting claims) at the close of business on the forty-fifth (45th) calendar day after the Application’s Official Vesting Date, if:
1. 
The Applicant fails to provide documents or other information necessary to comply with the City’s technical requirements relating to the form and content of the permit Application;
2. 
The City provides to the Applicant, not later than the tenth (10th) business day after the date the Application is filed, written notice that specifies the necessary documents or other information, and the date the Application will expire if the documents or other information is not provided; and
3. 
The Applicant fails to provide the specified documents or other information necessary to comply with the City’s requirements relating to the Application within the time provided in the notification.
F. 
Vesting Begins on the Official Vesting Date.
An Application shall be vested into the standards of the Subdivision Ordinance in effect at the time of the Application’s Official Vesting Date.
G. 
Right to 30-Day Action for Plats Applications Begins on the Official Submission Date.
The statutory 30-day time frame for Plat approvals, established by TLGC 212, shall commence on the Official Submission Date.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A. 
Action by the Responsible Official.
1. 
The Responsible Official for an Application shall initiate internal (i.e., City) review and assessment of the Application following the City’s development review procedures.
2. 
The Responsible Official shall also, to the extent possible, work with the Applicant by advising on and communicating revisions that may be necessary to bring the Application into compliance with City regulations in preparation for consideration by the appropriate Decision Maker.
B. 
Decision.
The Decision Maker for the Application shall approve, approve with conditions, or deny the Application within the time period prescribed by these Subdivision Regulations.
C. 
Conditions Attached.
The Decision Maker may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with all applicable requirements of these Subdivision Regulations, in which case the Application is considered denied until the conditions are satisfied.
D. 
Notification of Decision.
The City shall send written notice within fourteen (14) calendar days following the date of a decision on an Application.
E. 
Notification of Appeal.
Whenever [an] appeal is taken from a final decision on an Application following a public hearing, or whenever the City is to consider revocation of an Application that was obtained following a public hearing, personal notice of the appeal or revocation proceeding shall be provided to the Applicant.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A. 
Setting the Hearing.
1. 
When the Responsible Official determines that an Application is complete and that a public hearing is required by these Subdivision Regulations (see section 5.06.B (Replat) and section 5.08.C (Plat Vacation)) or by State law, the official shall cause notice of such hearing to be prepared and made in accordance with State law.
2. 
The time set for the public hearing shall conform to the time periods required by Sections 5.06.B (Replat) and 5.08.C (Plat Vacation) in these Subdivision Regulations and by State law.
B. 
Conduct of the Hearing.
1. 
The public hearing shall be conducted in accordance with State law.
2. 
Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization.
3. 
Each person who appears at a public hearing shall state his or her name and address, and if appearing on behalf of an organization or Applicant, state the name of the organization or Applicant for the record.
C. 
Record of Proceedings.
The board/commission conducting the hearing shall record the proceedings using standard municipal recordkeeping procedures.
D. 
Notice Requirements for Replats.
1. 
Published Notice for Replats.
a. 
Whenever published notice of a public hearing for a Replat approval before the Council and/or Commission is required under State law, or this Subdivision Ordinance, the Responsible Official shall cause notice to be published in a newspaper of general circulation in the City before the fifteenth (15th) calendar day before the date set for the required hearing.
b. 
The notice shall set forth the date, time, place and purpose of the hearing, and identification of the subject property, where the decision concerns an individual tract or parcel of land.
2. 
Personal Notice for Replats.
a. 
Notification by Mail.
Whenever personal notice of a Replat public hearing is required by State law or this Subdivision Ordinance before the Council and/or Commission, the City Manager shall cause notice to be sent by regular mail before the tenth (10th) calendar day before the hearing date to the following:
i. 
Each owner of real property located within the original subdivision within two hundred feet (200') of the exterior boundary of the property in question, and
ii. 
The Applicant and/or property owner.
b. 
Notification Details.
The notice shall set forth the name of the Applicant, the time, place and purpose of the hearing, identification of the subject property.
i. 
Notice shall be sent to each owner indicated on the most recently approved municipal tax roll for land inside the City limits, and, when required by State law, on the most recently approved County tax roll for land in the extraterritorial jurisdiction. For recently annexed land that is not included on the most recently approved City or County tax roll, notice may be given by publication.
ii. 
Notice shall be considered served by depositing the notice, properly addressed and first-class postage prepaid, in the United States mail.
E. 
Notice Requirements for Plat Vacations.
1. 
Published notice of the public hearing on the Plat Vacation Application shall be given in accordance with [this] section 4.06 Public Hearings for Replat and Plat Vacation Applications and State law.
2. 
The hearing shall be conducted by the City Council.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
A. 
Amendments/Revisions to an Approved Subdivision Application.
Unless another method is expressly provided by these Subdivision Regulations, any request to amend or revise an approved Application shall be considered a new Application, which must be decided in accordance with the procedures governing the original Application and the standards in effect at the time such new Application is filed with the City.
B. 
Expiration of an Approved Subdivision Application.
1. 
Subdivision Application Expiration - Two (2) Years.
Unless otherwise expressly provided by these Subdivision Regulations, an approved Application shall automatically expire two (2) years following the approval date of the Application (see section 6.01.G Expiration Date for Construction Plans for expiration of Construction Plans), and shall become null and void, and all activities under the Application thereafter shall be deemed in violation of these Subdivision Regulations, if:
a. 
The Applicant fails to satisfy any condition that was imposed by these Subdivision Regulations or as part of the approval of the Application or that was made under the terms of any Development Agreement, within the time limits established for satisfaction of such condition or term; or
b. 
The Applicant fails to submit a subsequent complete Application required by these Subdivision Regulations within the time so required; or
c. 
A Development Agreement (section 6.05 Development Agreements and Security for Completion) is not approved for the development.
2. 
Applications with No Time Limit.
If no time limit for satisfaction of conditions is specified in the decision on the Application or in the regulations governing, the time shall be presumed to be two (2) years following the date the Application was approved.
3. 
Applications with Vested Right.
Unless a different date is determined pursuant to and upon review of a vested rights petition, an Application approved prior to the effective date of these Subdivision Regulations shall expire in accordance with the terms of the regulations in effect at the time the Application was filed.
C. 
Effect of Expiration.
1. 
Upon the expiration of an approved Application, all previously approved Applications for the same land shall also expire on the expiration date if the filing of an Application was required to avoid expiration for the previously approved Application(s).
2. 
Thereafter, a new Application must be submitted for consideration and approval subject to regulations in effect at the time the new Application is filed.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)