(a)
Optional development review committee meeting.
Prior
to the official submission of an application for review and consideration,
applicants are strongly encouraged to contact the development services
staff to schedule a development review committee (DRC) meeting. This
meeting will alert the applicant to the ordinances that apply to the
specific project.
(b)
Members of DRC.
Members of DRC are made up of representatives
from the departments that have direct communication with all aspects
of the development process: Planning, engineering, building, fire,
public works, health, and parks.
(c)
Meeting request.
To schedule a DRC meeting, the applicant
requests a DRC meeting with the development services staff, and such
request shall describe the type of development desired and/or the
type of application intended for submittal along with an initial concept
plan. The applicant shall then be notified by the development services
staff of the time and place for the requested meeting.
(d)
Vested rights.
There shall be no vested rights based
on the DRC meeting.
(e)
Effect.
Following the DRC meeting, the applicant may
proceed with the submittal of the appropriate application(s), including,
but not limited to, the conveyance or preliminary plat, final plat,
civil plans, and building plans.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Application contents generally.
All applications shall
be submitted on a form supplied by the development services staff
with the required information and exhibits as stated on the application
form. Incomplete applications shall not be accepted.
(b)
Application timing.
(1)
Development services staff shall establish submittal deadlines for
all applications decided by the director of development services and
by the commission. Such submittal schedule will be posted on the city
website.
(2)
An application must be considered officially complete in accordance with section 10.03.023(c), determination of completeness [sic], of this subdivision ordinance prior to being processed for review and consideration.
(c)
Fees required.
Every application shall be accompanied
by the prescribed fees set forth in the city’s fee schedule,
as approved by city council and as may be amended from time to time.
Fees are not refundable and are not a guarantee of approval. Review
of the application will not begin until the appropriate fees have
been processed by the city.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Initiation by owner.
An application required under this
subdivision ordinance may be initiated only by the owner of the land
subject to the application, or by the owner’s duly authorized
representative. If the applicant is a representative of the property
owner, the application shall include a written and notarized statement
from the property owner, such as a duly executed power of attorney,
authorizing the representative to file the application on the owner’s
behalf.
(b)
Applicability.
The procedures within this chapter shall
apply to all applications that are required by the city and submitted
in accordance with this subdivision ordinance.
(c)
Official filing date.
The 30-day time period established
by state law and by this subdivision ordinance shall begin on the
“official filing date.” The official filing date is further
defined as the date on which the plat has met all the requirements
of the subdivision ordinance following staff or administrative review,
fees have been paid, and that plat is scheduled for final approval
by the planning and zoning commission by placing the plat on the commission
agenda.
(d)
Owners dedication language.
Refer to the plat checklist
(available online) for the appropriate owner dedication language to
include on the plat and all other plat signature block wording and
form.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Action by responsible official.
The responsible official
for an application shall initiate internal (i.e., by city departments)
review and assessment of the application according to the city’s
development review procedures. 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)
Revisions to exhibits.
The responsible official may
enumerate to the applicant such revisions to the plat exhibits as
are necessary to bring the exhibit into compliance with the subdivision
ordinance. Such revisions shall be made by the applicant or his agent
in a timely fashion.
(c)
Decision.
The decision-maker for the application shall
approve, approve with conditions, or deny the application within the
time period prescribed by this subdivision ordinance.
(d)
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 this subdivision
ordinance. These conditions of approval shall be completed prior to
the plat being filed for record in Denton or Collin County.
(e)
Notification of decision.
The city shall send written
notice of a decision on an application within fourteen (14) calendar
days following the approval date. This written notice will include
any future steps the applicant must take.
(f)
Notification of city appeal.
Whenever an appeal is requested
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 2020-95 adopted 10/13/20)
(a)
Amendments/revisions to an approved application.
Unless
another method is expressly provided by this subdivision ordinance,
any request to amend or revise an approved application shall be considered
a new application, which must be considered 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.
(1)
Unless otherwise expressly provided by this subdivision ordinance, an approved application for a plat or civil plans shall automatically expire one (1) year following the approval date of the application (see section 10.03.041(g), expiration of construction plans), and shall become null and void, and all activities under the application thereafter shall be deemed in violation of this subdivision ordinance, if:
(A)
The applicant fails to satisfy any condition that was imposed by
this subdivision ordinance 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 this subdivision ordinance within the time so required; or
(C)
A development agreement has not been approved for the development.
(2)
The director of engineering may extend the time of expiration for
the plat or construction plans by one (1) year if the applicant has
requested the extension in writing and listed the cause for the delay.
Any further extension of the expiration date shall be considered by
the planning and zoning commission and the commission’s decision
shall be final.
(3)
If no time limit for satisfaction of conditions is specified in the
decision on the application, the time shall be presumed to be two
(2) years following the date the application was approved, except
as provided through a vested rights petition.
(c)
Effect of expiration.
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), except as provided in section 10.03.026, expiration. 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 2020-95 adopted 10/13/20)
(a)
Two-year expiration established.
Notwithstanding any other provision of this subdivision ordinance, for any approved application for which no expiration date was in effect on the date this subdivision ordinance was duly adopted by city council, an expiration date of two (2) years following the date of approval of the application shall apply, unless the applicant files a written petition before such date for a vested rights determination pursuant to section 10.03.087, vested rights, alleging that progress has been made toward completion of the project for which the application subject to expiration was filed. If a vested rights petition is timely filed and subsequently approved, the city council shall determine the expiration date of the application in deciding the petition.
(b)
Five-year expiration established.
Notwithstanding any other provision of this subdivision ordinance, once an application has expired as described above, all previously approved applications for the same land also shall expire no later than five (5) years following the date of filing of the first application for the project for which the expired application was filed, unless the applicant files a written petition before such date for a vested rights determination pursuant to section 10.03.087, vested rights. If a vested rights petition is timely filed and subsequently approved, the city council shall determine the expiration date of the previously approved applications in deciding the petition.
(Ordinance 2020-95 adopted 10/13/20)
