A. Certifying entities.
1.
Prior to filing an application for Plat approval, the Subdivider
must receive a Letter of Certification from the following entities:
(i)
City of Bee Cave City Engineer;
(ii) City of Bee Cave Planning Director;
(iii) Travis County, for plats in the ETJ; and
(iv) Any Water, Wastewater, Electric, and/or Gas utility
provider, as applicable.
2.
A valid request for a Letter of Certification from the City
consists of the submission materials required by the Code for that
Application, with an Application form approved by the City. A request
for a Letter of Certification from an entity other than the City must
include documents required by the entity and be submitted in a form
required by the entity.
B. The applicant must provide copies of letters from all applicable
utility and Public Facility providers stating that each utility company
has reviewed the application and stating any requirements, including
easements, they may have. Applicant shall demonstrate that they have
adequate utility service available by providing a letter or contract
from the applicable utility stating that the property subject to the
application is entitled to and may receive utility service sufficient
to meet the needs of the Development as proposed in the Preliminary
Plat application. The City will not accept an Application for a Plat
or Subdivision-Related Plan without a Letter of Certification from
each applicable utility stating that the property subject to the application
is entitled to and may receive utility service sufficient to meet
the needs of the Development.
C. After receiving a Letter of Certification request, the City will
review the application for completeness.
D. The City will either issue or deny a Letter of Certification within
sixty (60) days. When the City determines that the proposed application
or any of the required accompanying data does not conform to the requirements
of this UDC or other applicable regulations, ordinances, or laws,
the applicant may choose to revise the Application. If any data is
revised and resubmitted, the City will issue or deny a Letter of Certification
no later than forty-five (45) calendar days from the latest date of
resubmission. If the City does not issue or deny a Letter of Certification
within the time periods prescribed in subsection 1.4.1.D, the Letter
of Certification will be deemed issued by the City. The City has no
control over and will not act on behalf of the Subdivider to compel
another entity to issue a Letter of Certification if the entity refuses
to issue the Letter.
E. The Letter of Certification request is a process for compiling a
technically complete Application for Plat review. In considering approval
of a Letter of Certification, the City will consider whether the request
complies with applicable regulations, ordinances and laws including,
but not limited to, the Technical Manuals, the UDC, and the Code of
Ordinances.
F. A Letter of Certification does not authorize any Subdivision or Development
activity, and a Letter from the certifying entity is only a recommendation
as to whether the proposed Subdivision or Development activities would
comply with the applicable development requirements.
G. A Letter of Certification will remain valid for one (1) year from
the date of issuance by the certifying entity. After one year, the
Subdivider must obtain a new or updated Letter of Certification to
file an Application with the City. Each new proposed Application to
be filed will be required to obtain a new Letter of Certification
prior to Application submittal.
H. A Letter of Certification may be amended prior to filing an Application
if the proposed amendment:
1.
Does not increase the number of lots subject to the Application;
and
2.
Does not increase by more than five percent (5%) the lineal
footage of roadways or the areas within the paved surface of the street
right-of-way or alter the location such roadways connect to the existing
roadway network; and
3.
Does not increase by more than five percent (5%) the anticipated
impervious cover, alter the location of stormwater detention or discharge
or alter any resulting calculated stormwater value; and
4.
Does not increase by more than five percent (5%) the anticipated
water and wastewater demand, or increase lineal footage of water or
wastewater lines by more than five percent (5%).
I. Letters of Certification pursuant to this Section 1.4.1 are required
for filing an application under Section 1.4.2.A.1(i).
(Ordinance 475 adopted 6/28/22)
A. Application initiation.
1.
For the purposes of this Subsection 1.4, an Application to develop
real property includes the following:
(ii) Zoning Map Amendment (see Section 3.1.8).
(iii) Site Plan (see Section 3.5.4).
(iv) Planned Development District Amendment (see Section
3.5.1 [3.5.5]).
(v)
Specific Use Permit (see Section 3.5.5 [3.5.6]).
2.
Initiation by owner or owner's agent.
(i)
Unless otherwise specified by this UDC, any petition or application
other than an amendment to this UDC may be initiated only by the property
owner, owner or owners of an interest in the land, or by the owner's
designated agent (collectively, the "applicant").
(ii) If the applicant is a designated agent, the Application
must include a written statement from the property owner authorizing
the agent to file the Application on the owner's behalf.
(iii) The City may require submission of documents
to provide evidence of ownership or agency.
3.
Initiation by the City.
(i)
The City Manager or City Council may initiate an Application
authorized under this UDC.
(ii) If authorized by Council, the City Manager or
a designee may initiate amendments to this UDC (see Section 1.1.18,
Amendments to the Unified Development Code).
B. General application content.
1.
The City is hereby authorized to prepare application forms that
include requirements for information, checklists, architectural or
engineering drawing sizes and contents, contact information for the
property owner, applicant, technical consultants, and Letters of Certification,
as set out in Section 1.4.1, and any other information necessary to
review the application for compliance with City codes.
2.
The applicant is responsible for submitting the application
by the deadline indicated on the City's published Development Schedule.
3.
The Planning Director is responsible for maintaining the application
forms and making them available to the public.
4.
The application forms may be revised or changed at any time
without notice consistent with the UDC.
C. Application fees.
1.
Every application must be accompanied by the prescribed fees
set forth in the adopted Fee Schedule.
2.
Unless written authorization is granted by the Planning Director
for an application submitted in error, the fee is not refundable.
3.
The Fee Schedule may be amended from time to time per procedures
established by the City Council.
4.
The fees published in the Fee Schedule are intended to cover
and be roughly proportional to a reasonable estimate of the costs
the City incurs in processing an application, including the publication
of public notices, staff time for engineering and plan review, and
other administrative costs. The City incurs these costs regardless
of whether the application is approved or denied.
D. Payment of all indebtedness attributable to the subject property.
1.
No application will be accepted or reviewed for completeness
from a property owner owing delinquent taxes, assessments, fees, or
other debt to the City, County, or State related to the property subject
to the application until the property owner pays the owed amount,
or makes an arrangement for payment.
2.
It is the applicant's responsibility to provide evidence or
proof that all taxes and fees have been paid, or that other arrangements
have been made for payment of said taxes, fees, etc.
E. Application considered complete.
1.
Pursuant to TLGC Section 245.002(a), the date the application
was initially filed for Review of Administrative Completeness by the
City becomes the Official Vesting Date for the purposes of permitting
related to an application for Plat, Subdivision and related Plans,
including Construction Plans.
2.
The applicant may submit a Waiver of 30-day Action under TLGC
Section 212.009(b-2). If approved by the corresponding decision maker,
the Waiver extends the review process for up to 30 additional days.
3.
For an application made under the 30-day action process, the
Official Submittal Date 30-day process begins on the date the Planning
Director issues a Certificate of Completeness to the applicant. The
City will not consider an application complete until the Planning
Director determines that the application is complete and issues a
Certificate of Completeness subject to the limitations of subsection
1.4.2.E.5.
4.
An application will expire on the 45th calendar day after the
date the City first receives the application if:
(i)
The Planning Director provides to the applicant, no later than
the 10th business day after the date the City first receives the application,
written notice of the incomplete application specifying the necessary
documents or other information, and the date the application will
expire if the documents or other information are not provided; and
(ii) The applicant fails to provide the specified documents
or other information within the time provided in the notice.
5.
An application that does not include all required information
and materials within the time frames specified above will be considered
incomplete, will not be accepted for official submission by the City,
and will not be scheduled on a Planning and Zoning Commission or City
Council agenda until the proper information is provided to City staff.
F. Expiration of application. A completed application for zoning change
will expire if approval by the City Council does not occur within
one hundred and eighty (180) calendar days from the date the application
was deemed complete.
G. Failure to provide a certificate of completeness. Failure by the
Planning Director to issue a Certificate of Completeness or provide
the applicant written notice of the incompletion (subsection E.4(i)
above) no later than the tenth (10th) business day after the date
the City first receives the application, means the application is
complete, and the Official Submission Date is the 10th business day
after the date the City received the application.
H. Submission of plat application. See subsection 2.1.1 [2.2.1] below
for additional details regarding the submittal and approval criteria
for Plats, Subdivisions, and related Plans, including Construction
Plans.
I. Modification to an application.
1.
The City will allow the applicant to modify a complete application
according to the following process:
2.
Modification requested by City to an application under 30-day
action process.
(i)
If the applicant makes the modification at the request of the
City to address an aspect of a Plan, Plat, or Permit that does not
conform with the UDC, and the City receives the modified plans within
thirty (30) days of the Official Submission Date, then the Decision-Making
Body (see Section 1.2.5) will make a decision on the application on
the basis of the modified application.
(ii) Failure by the applicant to provide requested
modifications may result in the application being approved with conditions
or denied.
3.
Modification requested by City to an application if 30-day action
waived.
(i)
If the applicant makes the modifications requested by the City,
the application will follow the City's published Development Schedule.
(ii) Failure by the applicant to provide requested
modifications may result in the City withholding the application from
consideration by the Planning and Zoning Commission and City Council,
recommending approval with conditions, or recommending denial.
(iii) Once the applicant has made all modifications
and there are no outstanding modifications, staff will schedule the
application for the next Planning and Zoning Commission meeting.
4.
Modification not requested by the City.
(i)
Unless otherwise specified, in all other instances (such as
the applicant choosing to submit a revised application because of
a change in development decisions), a modified application submittal
will extend the time for making a decision on the application for
a period equal to the time specified in this UDC to decide the original
application.
(ii) The time extension for deciding the application
commences on the date the modified application is submitted and determined
complete.
(iii) If the application is for a plat or a subdivision
and related plans, including Subdivision Construction Plans, a modified
application may either be accompanied by a properly executed Waiver
of 30-day Action, or the modified application will be considered a
new application for the purposes of 30-day action (see subsection
E.3 above).
(Ordinance 475 adopted 6/28/22)
In accordance with the requirements shown in Table 1.2-1 Summary
of approval authorities and public notice, public hearing notice shall
be made as follows:
A. Mailed property owner notice.
1.
When mailed property owner notice is required, written notice
of all public hearings before the Planning and Zoning Commission and
City Council shall be sent to all owners of real property within two
hundred (200) feet of the subject property of the Application based
on Table 1.2-1: Summary of Approval Authorities, Public Notice, and
Appeals, as may be modified by the Section Reference listed in the
Table.
2.
Such notice shall be given not fewer than eleven (11) calendar
days before the date of the Board or Commission public hearing by
posting such notice, properly addressed and postage paid, to each
taxpayer as the ownership appears on the last approved City tax roll
or County tax roll for the area affected.
B. Newspaper published notice. When newspaper public notice is required,
notice of the time and place of the public hearing must be published
in a newspaper of general circulation in the City at least sixteen
(16) days before the date of the public hearing before City Council
and not fewer than eleven (11) calendar days before the date of the
public hearing before the Zoning Board of Adjustment.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)