A. Applicability. The following procedures apply to any Plat or [of]
a Subdivision and related Plans, including Construction Plans or application
that is required by the City in this Section and is submitted in accordance
with this UDC (see Table 2.2-1: Statutory Time Limits and Vesting
for Plat Applications).
Table 2.2-1: Statutory Time Limits and Vesting for Plat
Applications
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Application Stage
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Application Received?
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Application Complete?
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Statutory Time Limit
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Before Application is Submitted
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No
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NA
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NA
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After Application is Submitted
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Yes
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No
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City has 10 business days to inform applicant of deficiencies
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After City informs Applicant of deficiencies
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Yes
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No
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Applicant has 45 days to address deficiencies
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After City Issues a Certificate of Completeness
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Yes
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Yes
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City has 30 days to Approve or Disapprove
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(refs: TLGC Section 212.009; TLGC Section 245.003)
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B. Certificate of completeness for subdivision-related applications.
Every required application requires a Certificate of Completeness
by the Planning Director (see Table 1.2-1: Summary of Approval Authorities,
Public Notice).
1.
Acceptance standards. The application shall only be accepted
by the Planning Director for processing when it is submitted in accordance
with any established development application calendar for official
submittal dates, and accompanied by all documents required by, and
prepared in accordance with, the requirements of this UDC. A typographical
error shall not, by itself, constitute an incomplete application.
2.
Payment of applicable fees and provision of tax certificates.
The Subdivider shall pay all required fees and provide the City original
tax certificates from each taxing unit with jurisdiction of the real
property showing the current taxes are paid prior to issuance of a
Certificate of Completeness.
3.
Acceptance procedures. A review of an Application for issuance
of a Certificate of Completeness shall be conducted in accordance
with the following procedures:
(i)
A Certificate of Completeness shall be issued by the Planning
Director not later than the tenth (10th) business day, unless otherwise
specified, after the Official Submittal Date.
(ii) If the submitted application is incomplete, then
the Subdivider shall be notified in writing not later than the tenth
(10th) business day after the Official Submittal Date.
(1) Such notice shall be served by mail via the U.S.
Postal Service, or by electronic mail transmission, not later than
the tenth (10th) business day following submission of the application.
(2) The notification shall specify the documents or
additional information needed to complete the application, and shall
state the date the application will expire if the requested documents
or information are not submitted (see Subsection E. below).
(iii) An application shall be deemed complete on the
eleventh (11th) business day after the application has been received
if notice is not served in accordance with b. above.
(iv) If the application is determined to be complete,
the application shall be processed as prescribed by this UDC.
4.
Acceptance shall not constitute compliance. A Certificate of
Completeness shall not constitute a determination of compliance with
the substantive requirements of this UDC.
5.
Acceptance shall not guarantee approval. There is no implied
intent or guarantee that an accepted and completed application will
be approved, if after the application is deemed complete, it is determined
that the application does not comply with this UDC.
6.
Effect on prescribed statutory processing deadlines. For the
purposes of the processing timelines described in TLGC Chapter 212.009,
such as processing timelines for 30-day approval, conditional approval
or disapproval of subdivision-related plats and plans shall begin
on the date the Certificate of Completeness is issued. The date the
application is deemed complete shall be considered the "filed" date
for the purpose of TLGC Chapter 212.009.
C. Re-submittal after notification of incompleteness.
1.
If the application is re-submitted after a Notification of Incompleteness,
the application shall be processed upon receipt of the re-submittal.
The re-submittal shall be submitted in accordance with the official
Submittal Calendar.
2.
The statutory 30-day time frame for Plat approvals shall begin
on the date the re-submitted application is deemed complete and all
prerequisite applications and processes have been approved, based
upon any submission date calendar adopted to establish the Official
Submittal Date. If any Subdivision Relief Procedure (see subsection
2.6) is requested, the 30-day time frame for Plat approvals shall
not begin until such Subdivision Relief Procedure is approved, disapproved,
or withdrawn.
3.
To the extent that the information or documents submitted is
not sufficient to enable the Planning Director or Planning and Zoning
Commission to apply the criteria for approval, the application may
be denied on such grounds.
D. Waiver of right to 30-day action for subdivision plats. The Planning
& Zoning Commission shall be responsible for approving a Waiver
of Right to 30-Day Action for Subdivision Plats.
1.
Request. An applicant may submit in writing a Waiver of Right
to 30-Day Action, not to exceed an extension of 30 days in accordance
with TLGC Section 212.009. The Subdivider must withdraw the application
and submit a new application in order to delay an action by the Planning
Director or Planning and Zoning Commission beyond a 30-Day extension.
2.
Receipt of waiver - timing and effect on decision.
(i)
If the Subdivider requests a Waiver of Right to 30-Day Action,
the Waiver must be received by the Planning Director on or before
the seventh (7th) calendar day prior to:
(1) The Planning and Zoning Commission meeting at which
action would have to be taken per TLGC Section 212.009 on the application,
or
(2) The date by which the application would be administratively
approved per TLGC Section 212.009, based on the applicable deadline
shown on the published Development Schedule.
(ii) Waiver requests that are not received on or before
the seventh (7th) calendar day prior to the deadline for action specified
in subsection 2.2.1.D.2(i) shall not be considered properly submitted.
Action shall be taken on the application, which may include conditional
approval or disapproval, by the deadline as scheduled.
3.
Requirements maintained.
(i)
Submission of a Waiver of Right to 30-Day Action, and acceptance
of such waiver by the City as part of an application, shall not be
deemed in any way a waiver to any requirement within this UDC.
(ii) A waiver from requirements herein is a separate
and distinct process (see 2.6.1, Petition for Subdivision Waiver).
E. Waiver of right to 30-day action for subdivision-related plans, reports,
analyses and studies. The Planning & Zoning Commission shall be
the Responsible Official to approve a Waiver of Right to 30-Day Action
for Subdivision-Related Plans, including Construction Plans, Reports,
Analyses and Studies.
1.
Request. The Subdivider may submit in writing a Waiver of Right
to 30-Day Action not to exceed an extension of 30 days. The Subdivider
must withdraw the Application and submit a new Application in order
to delay an action by the Planning Director or the Planning and Zoning
Commission beyond a 30-day extension.
2.
Received.
(i)
If the Subdivider requests a Waiver of Right to 30-Day Action,
the Waiver must be received by the Planning Director on or before
the seventh (7th) calendar day prior to the deadline by which action
upon the application is required, per TLGC Section 212.009.
(ii) Waiver requests that are not received on or before
the seventh (7th) calendar day prior to the deadline by which action
upon the application is required, as specified in subsection 2.2.1.E.2(i),
shall not be considered properly submitted, and action shall be taken
on the application as scheduled.
3.
Requirements maintained. Submission of a Waiver of Right to
30-Day Action, and acceptance of such waiver by the City as part of
an application, shall not be deemed in any way a waiver to any requirement
within this UDC. A waiver from requirements herein is a separate and
distinct process from the Waiver of Right to 30-Day Action (see Section
2.6.1, Petition for Subdivision Waiver).
F. Automatic expiration of a subdivision-related application - before
approval decision. Pursuant to TLGC Chapter 245, an application related
to a Subdivision will automatically expire and end all vesting claims
at the close of business on the forty-fifth (45th) calendar day after
the application's Official Vesting Date, if:
1.
The Subdivider fails to provide documents or other information
necessary to assess compliance with the City's technical requirements
relating to the form and content of the permit application;
2.
The City provides to the Subdivider, not later than the tenth
(10th) business day after the date the application is filed, written
notice that specifies the necessary documents or other information,
and the date the application will expire if the documents or other
information are not provided; and
3.
The Subdivider fails to provide the specified documents or other
information necessary to assess compliance with the City's requirements
relating to the application within the time provided in the notification.
G. Filing date for plat applications. The statutory 30-day time frame
for Plat approvals, established by TLGC Section 212.009, shall commence
on the date the application is deemed complete. The date the application
is deemed complete shall be considered the "filed" date for the purpose
of TLGC Section 212.009.
H. Right to 30-day action for subdivision-related plans, reports, analyses
and studies applications begins on the official submittal date. The
statutory 30-day time frame for Subdivision-Related Plans, Reports,
Analyses and Study approvals and 15-day time frame for approvals following
re-submission, established by TLGC Section 212.009, shall commence
on the date the application is deemed complete and all prerequisite
applications and processes have been approved following the Official
Submittal Date. The date the application is deemed complete shall
be considered the "filed" date for the purpose of TLGC Section 212.009.
(Ordinance 475 adopted 6/28/22)
A. Action by the responsible official.
1.
The Planning Director shall initiate City review and assessment
of the application following the City's development review procedures,
consistent with TLGC Chapter 212 and Chapter 245.
2.
The Planning Director shall also, to the extent possible, work
with the Subdivider 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 Decision-Maker
(see Table 1.2-1: Summary of Approval Authorities, Public Notice).
B. Decision. The Decision-Maker for the application shall approve, approve
with conditions, or deny the application within the time period prescribed
by the UDC.
C. Conditions attached. Pursuant to TLGC Section 212.009, 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 these Subdivision Regulations and Development Standards, in which
case the application is considered denied until the conditions are
satisfied.
D. Notification of decision. The City will issue written notice within
fourteen (14) calendar days following the date of a decision on an
application.
E. Notification of appeal. If the Subdivider appeals the final decision
on an application following a public hearing, or whenever the City
is to consider revocation of an application which was obtained following
a public hearing, personal notice of the appeal or revocation proceeding
shall be provided to the Subdivider.
(Ordinance 475 adopted 6/28/22)
A. Amendments/revisions to an approved subdivision application. Unless
another method is expressly provided in the UDC, any request to amend
or revise an approved application becomes a new application, which
must be decided 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 of an approved subdivision application.
1.
Subdivision application expiration - two (2) years. Unless otherwise
expressly provided in the UDC, an approved application will automatically
expire two (2) years following the approval date of the application
(see subsection 2.4.1.G, Expiration Date for Subdivision Construction
Plans for expiration of Subdivision Construction Plans), and all activities
under the application thereafter are in violation of the UDC, if:
(i)
The applicant fails to satisfy any condition of the UDC or as
part of the approval of the application or under the terms of an Improvement
Agreement, within the time limits established for satisfaction of
such condition or term; or
(ii) The applicant fails to submit a subsequent complete
application required by the UDC within the time so required; or
(iii) An Improvement Agreement (see subsection 2.1.4.C)
is not approved for the Subdivision.
2.
Applications with no time limit. If no time limit for satisfaction
of conditions is specified in the decision on the application or in
the regulations governing, the presumed time is two (2) years following
the approval date.
C. Effect of expiration.
1.
Upon the expiration of an approved application, all previously
approved applications for the same land will also expire on the expiration
date if the filing of an application was required to avoid expiration
for the previously approved applications.
2.
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 475 adopted 6/28/22)