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.
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:
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:
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.
(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)
