(a) 
Applicant responsibilities.
An applicant shall:
(1) 
Consult early and informally with the administrator; and
(2) 
Avail himself to the advice and assistance of the administrator.
(b) 
Administrator responsibilities.
The administrator shall:
(1) 
Informally confer with the applicant.
(2) 
Advise and assist the applicant in procedure for approval of plats and on regulations and policies of the city regarding development either within the corporate limits of the city or within the city’s ETJ.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
Every process established by this chapter of the Code of Ordinances shall be submitted on a form approved by the city with the appropriate application fee in accordance with the city’s schedule of fees.
(b) 
Revision of form.
The city may revise any applicable form to comply with any new or revised requirements of this chapter.
(c) 
Schedule of fees.
No permit, certificate, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses, as set out in table 14.11.001, Table of Administrative and Public Meeting Approvals, are paid.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
Upon receipt of an application pursuant to this chapter, the administrator shall provide the applicant with a dated receipt. Within 10 business days of receipt of an application, the administrator shall review the application and determine if:
(1) 
The application includes all required materials and information; and
(2) 
Those parts of the application which are required to be prepared by licensed professionals are, in fact, prepared by such professionals.
(b) 
Determination of completeness.
(1) 
If the application is complete, the administrator shall notify the applicant in writing of this determination and require the applicant to provide a sufficient number of copies of the application.
(2) 
No application is complete until all up-front fees for review are paid. The time period for processing an application after completeness review does not start unless the fees are paid.
(3) 
Once an application has been accepted by the administrator, the filing fee is nonrefundable.
(c) 
Determination of incompleteness.
If the application is incomplete, the administrator shall notify the applicant in writing, specifying the additional materials or information required to complete the application. The applicant shall provide these materials within 10 business days of the request or the application will be withdrawn. An application that is withdrawn may be re-filed at a future date, however a new filing fee will be required.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
Applications must be diligently pursued by the applicant. This section extinguishes applications that become stale due to applicant inaction.
(b) 
Expiration of inactive applications.
(1) 
An application becomes an “inactive application” for failure to comply with this chapter, preventing it from being docketed for action or approved.
(2) 
Inactive applications become “stale” after 90 days of the filing of the application if the applicant fails to address staff or referral agency review comments to allow further processing of an application, unless the applicant is actively pursuing action to address comments with staff, in which case the application shall become stale after 180 days of the date when the action was originally requested.
(3) 
Stale applications are automatically voided six months after the original date when the action was requested if the applicant fails to take action or requests an extension of time for cause.
(4) 
Application fees will not be refunded for any inactive or expired application. A full resubmittal shall be required including a new application and fees.
(c) 
Extension of time.
(1) 
Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and
(2) 
If the city amends this chapter or adopts other regulations during the period of time when the application was inactive or stale, the application shall:
(A) 
Not be subject to compliance to the new regulations until the original application is considered to be voided; and
(B) 
The application shall be subject to the new regulations and ordinances if the period of time to request an extension lapses.
(3) 
A stale application shall expire after a six-month extension lapses and if an extension was not requested.
(d) 
Effect of expiration.
Applications that expire pursuant to this section are automatically null and void without further notice or action by the city.
(Ordinance 19-3690 adopted 4/23/19)
(a) 
Generally.
(1) 
Notice by publication, when required, shall be provided in accordance with the requirements of the Texas Local Government Code (TLGC).
(2) 
Notice by mail, when required, shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.
(3) 
Table 14.11.006, Required Notice, sets out the specific notice requirement for each type of application where notice is required.
(b) 
Content of notice.
Notice shall include:
(1) 
The date, time, and place of the hearing;
(2) 
Staff contact and phone number, a description, address, or location of the matter to be heard, and a statement that the public is invited to review and comment on the application.
(c) 
Time of hearing.
For all matters properly brought before the city council or the planning and zoning commission, the city shall select a reasonable time and place for such hearing; provided, however, that such time shall be no later than 45 days following the submission of a complete application per section 14.11.004, Application Completeness Review.
(d) 
Computation of time.
In computing the time periods for notice, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.
(e) 
Constructive notice.
(1) 
Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice in a bona fide attempt to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a location map, typographic or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties.
(2) 
If questions arise at the public hearing regarding the adequacy of notice, the administrative body shall direct city staff to make a formal finding as to whether there was substantial compliance with the notice requirements of this chapter and the TLGC. City staff’s findings shall be made available to the administrative body prior to final action on the request.
Table 14.11.006. Required Notice
Type of Application
By Mail
By Publication
Certificate of appropriateness
Not required
Required
Certificate of demolition or removal
Not required
Required
Comprehensive plan amendment (TLGC 213.003)
Not required
Required
Text amendment (TLGC 211.006)
Not required
Required
Special use permit
Required1
Required
Zoning map amendment (TLGC 211.006)
Required1
Required
Variance (TLGC 211.009)
Not required
Required
Appeals (TLGC 211.010)
Required2
Required
Table notes:
1 To owners of property within 200 feet.
2 TLGC section 211.010(d) requires “due notice to the parties in interest.” At a minimum, this shall include the original applicant and the persons who are the party to the appeal.
(Ordinance 19-3690 adopted 4/23/19)