(A)
Initiation
by Owner.
Unless otherwise expressly provided by this
GDC, a development application or other petition authorized by this
GDC may be initiated only in writing by, and bearing the original
signature of, the actual owner of the land subject to the application,
or by the owner’s duly authorized representative. If the applicant
is a designated representative, the application shall include a written
and notarized statement from the property owner authorizing the representative
to file the application on the owner’s behalf. The responsible
official may establish the type of documents needed to determine ownership
or agency.
(B)
Initiation
by City.
A duly authorized representative of the City
may initiate any application authorized under this GDC.
(C)
Development
Application Fee.
Unless an applicant elects to participate
in the Pre-Filing Process, the development application fee, as set
by the City Fee Schedule, shall be due at the time the applicant files
the application with the Planning Director.
(D)
Application
Appointments.
Zoning, development plan, redevelopment, concept plan, or land subdivision applications may be filed, by appointment only, with the Planning Director, upon the date and time identified in the Development Application Schedule, as provided in Section 1.18 of this GDC. The Planning Director may limit the number of applications filed on a particular day if the Planning Director determines that it is not administratively feasible to process any additional applications within 30 days.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 9, adopted 8/20/19; Ordinance 7107, sec. 3, adopted 12/3/19; Ordinance 7524 adopted 4/16/2024)
Editor's note–Former § 1.15 pertaining
to the pre-filing process, was deleted in its entirety by Ordinance 7524 adopted 4/16/2024. Prior to the deletion this section derived from the following: Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 10, adopted 8/20/19; Ordinance 7107, sec. 4, adopted 12/3/19.
Editor's note–Former § 1.16 pertaining
to “complete application & expiration” and deriving
from Ordinance 6773 adopted 5/19/19, was repealed in its entirety by Ordinance
7079, sec. 11, adopted 8/20/19.
Notwithstanding the requirements of Division 1 of Article 2, Chapter 1 of this GDC, the responsible official may waive the submission of any information in the application and accompanying materials that the responsible official determines is not necessary due to the scope and nature of the proposed project.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 5, adopted 12/3/19)
(A)
Applications
may only be submitted by appointment on an Official Submission Date
as set in the Development Application Schedule.
(1)
Exception.
If a plat application has a Working Plat that achieved acceptable status as contemplated in Chapter 3, [Article 2,] Divisions 1, 2, and 3 of this GDC, the plat application may be filed by hand delivering it to the Planning Department during normal business hours. A plat application filed in this manner must attach evidence of the Working Plat having achieved acceptable status. A plat application lacking evidence that the Working Plat achieved Working Status shall be discarded as abandoned property in accordance with Subsection (E).
(B)
The Director
of Planning shall determine and publish the Development Application
Schedule in advance of each calendar year.
(C)
On each
Official Submission Date, the Director of Planning, or his designee,
shall identify a time period during which any appointments to submit
applications must be set.
(1)
At
least four hours must be set aside on each Official Submission Date
for such appointments.
(2)
The
time period for application appointments must fall within normal City
business hours.
(3)
Each
appointment shall be of sufficient length to consider the application(s)
at issue. The Director of Planning shall determine the amount of time
necessary to consider a given application.
(D)
The time
period established by this GDC for processing or deciding an application
shall commence on the date on which the applicant formally submits
his or her application to the Planning Director as per this Section.
(E)
Applications which are mailed to the Planning Department, left at the Planning Department, or otherwise delivered to the City of Garland in any fashion and on any date or time other than at a formal appointment for submission as described in this Section 1.18 shall discarded as abandoned property and shall not be considered.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 12, adopted 8/20/19; Ordinance 7107, sec. 6, adopted 12/3/19)
The applicant may modify a complete application following its
submission and prior to expiration of the period during which the
City is required to act on the application, if the modification is
for revisions requested by the City, and is received by the Director
of Planning at least seven calendar days prior to the time scheduled
for decision on the application. In the event the applicant voluntarily
elects to extend the period during which the City is required to act
on the application, then the applicant may modify any complete application
following its submission if the modification is received by the Planning
Director at least seven calendar days prior to the time the applicant
voluntarily elected to schedule for a decision on the application.
The voluntary extension of time may not exceed a period of thirty
days from the date on which the application was originally set for
hearing.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 13, adopted 8/20/19)
Unless another method is expressly provided by this GDC (see Section 1.19), any request to amend or revise a submitted application shall be considered a new application and must be decided in accordance with the procedures governing an original application and the standards in effect at the time such new application is filed with the City.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 14, adopted 8/20/19)
(A)
Requirement.
In the event a prospective applicant elects to participate in
the pre-filing process, the prospective applicant may be required
to attend one or more technical review meetings with the DRC, including
the responsible official.
(B)
Purpose.
The purpose of a technical review meeting is to allow the prospective
applicant to review his or her proposed development application files
and working documents with the DRC. Comments compiled from each City
department as part of their review of the files and working documents
shall be provided to the prospective applicant at the meeting. The
comments shall provide information about necessary modifications needed
for the proposed development application to meet City codes, development
regulations and processes that are applicable to the proposed application.
(C)
Applications
Requiring Technical Review Meeting.
Pre-filing documents
and working files that require a technical review meeting (unless
otherwise determined as unnecessary by the City) include documents
related to a proposed application for the following:
(1)
Specific
Use Provision;
(2)
Concept
Plan (submitted as part of a Planned Development application);
(3)
Alternative
compliance development process (if applicable);
(4)
House
conversions (such as conversion from residential to nonresidential
use); or
(5)
Any
other proposed application as determined by the Planning Director.
(D)
Effect.
Following the technical review meeting with the DRC, the prospective
applicant may proceed with making the necessary modifications discussed.
Once all modifications have been made and the revisions to the pre-filing
documents have been submitted to the Planning Director for review,
the Planning Director shall make the determination as to whether the
pre-filing process has been completed or whether additional modifications
of the proposed application are needed.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 1, adopted 5/7/19; Ordinance 7079, sec. 15, adopted 8/20/19; Ordinance 7107, sec. 7, adopted 12/3/19; Ordinance
7524 adopted 4/16/2024)
(A)
Purpose.
The purpose of a Pre-Construction Meeting is to discuss administrative, communication and operating procedures for project construction prior to the issuance of a Site Permit (see Chapter 4, Article 1, Division 3) or Building Permit (see Chapter 4, Article 1, Division 4). A list of typical inspection items, procedures and acceptance criteria for items in public right-of-way and easements will be also be furnished to the applicant.
(B)
Requirement.
Following the approval of required Site Engineering Drawings
and prior to commencement of any construction, the applicant(s) shall
attend a required Pre-Construction Meeting with the Engineering Department.
Applicants must begin construction within sixty (60) days of any Pre-Construction
Meeting. If an applicant fails to begin construction within sixty
(60) days, an additional Pre-Construction Meeting shall be held and
the deadline for commencement of construction shall be extended an
additional sixty (60) days from said meeting to begin construction.
Projects that require a Pre-Construction Meeting are those for which
a Site Permit or a Building Permit is required.
(C)
Notice.
(1)
When
the applicant receives notice from the City that the required Site
Engineering Drawings have been approved, the project will then be
eligible for the required Pre-Construction Meeting.
(2)
If
appropriate, a single Pre-Construction Meeting may be held for the
issuance of both a Site Permit and a Building Permit. However, if
the applicant chooses to begin construction of the project prior to
approval of a Building Permit, two separate Pre-Construction Meetings
shall be required.
(D)
Written
Records.
Written records of Pre-Construction Meetings
shall be kept in the office of the Engineering Department as part
of the record for each development application or project. A copy
of the written record of the Pre-Construction Meeting shall also be
provided to any applicant participating in such meeting upon written
request by such participant.
(E)
Effect.
Following the Pre-Construction Meeting, and provided that all
other City pre-construction requirements have been met, the applicant
shall be issued a Site Permit (and possibly also a Building Permit,
if applicable and if all City requirements for a Building Permit have
also been met) which allows the applicant to commence with construction
of the project.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 2, adopted 5/7/19)
Every application shall be accompanied by the prescribed fees
set forth in the City’s fee schedule (see the City’s Development
Application Packet as well as applicable sections in the City Code
and this GDC). The prescribed fees shall not be refundable, except
when the City Council waives the application fee for re-submission
of an application that was denied. Fifty percent of the prescribed
fee may be refunded to the applicant if an application is withdrawn
prior to written or public notification, if such is required. The
fee schedule may be amended from time to time by the City Council.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 8, adopted 12/3/19)
