(a) 
Source of authority.
Authority under this subdivision ordinance shall be vested in and delegated to the officials and decision-makers designated in section 10.03.012, responsible official assigned, and under the city’s charter, the constitution and laws of the state, and the Celina Code of Ordinances. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision-makers. The omission of a citation in this subdivision ordinance to any authority conferred upon the officials and decision-makers under the city’s charter, the constitution or laws of the state, or the Celina Code of Ordinances, or the failure to identify in this article authority conferred by other provisions of this subdivision ordinance, shall not be construed as limiting the actions of such officials and decision-makers taken in accordance with and in reliance upon such authority.
(b) 
Implied authority.
The officials and decision-makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by chapter 212 of the Texas Local Government Code and this subdivision ordinance, to the extent that the implied authority is not in conflict with the expressly delegated authority.
(c) 
Limitation on authority.
(1) 
City policy.
It is the policy of the city that the standards and procedures applicable to development of property within the city limits and within the city’s extraterritorial jurisdiction (ETJ) are as stated in this subdivision ordinance, notwithstanding any representation by any city official summarizing, paraphrasing, or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property.
(2) 
Representations.
The applicant shall not rely on any representation made by an employee of the city, a member of an appointed board or commission, or a member of the city council concerning the likelihood of an outcome of that official’s decision or the decision of an appointed board, commission, or city council, on any application that has yet to be filed or is pending before the city. An official may, however, convey information concerning that official’s position on a pending application in accordance with his role as the responsible official for such application or as the city staff contact person.
(3) 
Effect of comprehensive plan or development standards on liability claims.
The city’s approval of an application under the standards and procedures of this subdivision ordinance does not guarantee or ensure that development of the property in accordance with the standards will prevent, minimize, or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the city’s approval of an application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this subdivision ordinance constitute an exercise of the city’s governmental authority, and approval of an application shall not give rise to any liability on the part of the city or its officers, agents, and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law.
(4) 
Variances.
Except as expressly provided for in section 10.03.086, variances and modifications, this subdivision ordinance, no official, board or commission of the city, or the city council, shall have authority to waive any requirement or standard for an application. Any attempted variance of a requirement or standard for an application in contravention of this section shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approved application.
(d) 
Conflict in authority.
If any of the provisions of this subdivision ordinance are in apparent conflict, the director of development services shall, after due consideration as to the purpose and intent of each conflicting provision, make a determination as to which provision shall apply. The director of development services shall make every effort to be fair and consistent in such interpretations, and his decision may be appealed to the city manager (see section 10.03.016, city manager and other officials), unless otherwise noted within.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
Responsible official.
The responsible official shall be the director of a designated city department who is assigned responsibility under this subdivision ordinance for taking the following actions with regard to a particular type of application authorized under this subdivision ordinance.
(1) 
Accepting the application for filing, and processing an application;
(2) 
Reviewing and making recommendations concerning an application;
(3) 
Seeking advice of other city departments, and coordinating any recommendations from such departments concerning an application;
(4) 
Determining a request for exemption;
(5) 
Preparing reports to and advising any board, commission or the city council that has responsibility for making recommendations on or approving/denying an application;
(6) 
Promulgating additional or modified policies, standards and administrative rules for adoption by the city council that apply to an application;
(7) 
Initiating enforcement actions concerning compliance with the standards applicable to an application and the conditions imposed thereon; and
(8) 
Taking all other actions necessary for administration of the provisions of this subdivision ordinance with respect to an application, petition, approval, or appeal.
(b) 
Delegation.
The responsible official may delegate the official authority under this subdivision ordinance to subordinate employees, who shall thereupon be deemed the responsible official for purposes of carrying out the delegated duties.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
Responsible official.
The director of development services is the responsible official for the following types of applications, waivers, variances and petitions:
(1) 
Review and staff report, including a staff recommendation for approval/denial, for any type of plat;
(2) 
Extension of a plat approval;
(3) 
Appeal of a decision on any application for which the director of engineering is the responsible official;
(4) 
Vested rights petition for any application when the director of development services is the responsible official.
(b) 
Final decision-maker.
The director of development services is the final decision-maker for the following types of applications (subject to any appeal):
(1) 
Minor plat, as outlined in section 10.03.035, minor plats;
(2) 
Final plat, as outlined in section 10.03.034, final plats;
(3) 
Amending plat, as outlined in section 10.03.037, amending plats;
(4) 
Extension for a preliminary plat approval, as outlined in section 10.03.033, preliminary plats; and
(5) 
Certain types of vested rights petitions, as outlined in section 10.03.087, vested rights.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
Responsible official.
The director of engineering is the responsible official for the following types of applications:
(1) 
Review of construction plans, including all engineering plans and related construction tasks, and approval of contracts for public improvements, as outlined in section 10.03.041, construction plans;
(2) 
Time extensions for construction plans, as outlined in section 10.03.041(h), extension;
(3) 
Construction releases, as outlined in section 10.03.041(i), construction release;
(4) 
Development agreement, as outlined in section 10.03.044, development agreements;
(5) 
Appeal related to an application for which the director of engineering is the responsible official;
(6) 
Certain types of variances (related to construction requirements), as outlined in section 10.03.086, variances and modifications; and
(7) 
Vested rights petition for an application for which the director of engineering is the responsible official, as outlined in section 10.03.087, vested rights.
(b) 
Final decision-maker.
The director of engineering is the final decision-maker for the following types of applications (subject to any appeal):
(1) 
Approval of construction plans, including all engineering plans and related construction management tasks, and approval of contracts for public improvements;
(2) 
Construction release;
(3) 
Extension for construction plans approval; and
(4) 
Certain types of vested rights petitions for an application for which the director of engineering is the initial decision-maker.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
Responsible official and initial decision-maker.
The director of parks and recreation is the responsible official for the review and recommendation to the parks board and for carrying out the board’s decisions.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
City manager.
Any decision which is made by a staff person other than the director of development services shall be reviewed first by the director of development services. Any decision that cannot be resolved by the director of development services shall be appealed to the city manager, who is the appellate decision-maker for any appeal for which the director of development services is responsible.
(b) 
Fire chief.
No provision contained in this subdivision ordinance shall be deemed or interpreted as a limitation on the fire chief’s exclusive authority as set forth in the International Fire Code, especially as the decision relates to health and safety issues.
(c) 
Other city officials.
The city attorney and any other official delegated responsibilities under this subdivision ordinance or other provisions of the Code of Ordinances are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed herein.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
Organization, powers, and duties.
The planning and zoning commission (also referred to as the “commission”) shall hold meetings and have the powers and duties as provided for in the Code of Ordinances of the city (Code of Ordinances, chapter 106, zoning), and as authorized by chapter 211 and 212 of the Texas Local Government Code. Such powers and duties shall include exercising all the authority and control conferred by law relating to platting.
(b) 
Staff liaison.
The director of development services shall act as the staff liaison to the commission, and shall abide by the city’s usual record-keeping and retention policies for boards and commissions, as amended, in maintaining records of the planning and zoning commission’s meetings and actions.
(c) 
Authority for deciding applications.
The commission shall have the final authority to act on the following types of applications:
(1) 
Conveyance plats;
(2) 
Preliminary plats;
(3) 
Replats (at a public hearing);
(4) 
All other types of plats, with the exception of minor plats and amending plats (which may be decided by the director of development services, unless deferred to the commission).
(d) 
Authority for deciding appeals.
The commission shall hear and decide the following appeals:
(1) 
Any variance petition on an application for a preliminary plat, final plat, or replat;
(2) 
Minor plat or amended plat that is deferred by the director of development services, as outlined in section 10.03.035(i), appeal of decision on minor plat application, or section 10.03.037(j), appeal of decision on amending plat application, as applicable;
(3) 
Any other appeal so authorized by this ordinance.
(Ordinance 2020-95 adopted 10/13/20)
(a) 
Authority for deciding appeals.
The city council shall hear and decide appeals from decisions made by the commission when such appeals are authorized by this ordinance.
(Ordinance 2020-95 adopted 10/13/20)