A.
Applicability. The following procedures
shall apply to any subdivision related plan, including
Construction Plans, or Application that is required by
the City and is submitted in accordance with this UDC.
B.
Determination of Completeness for
Subdivision-Related Applications. Every required Application shall
be subject to a determination of completeness by the Responsible Official
for processing the Application.
1.
Acceptance Standards. The Application
shall only be accepted by the Responsible Official for processing
when it is 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.
Acceptance Procedures. A determination
of completeness of an Application shall be conducted in accordance
with the following procedures:
a.
A determination of completeness shall
be made by the Responsible Official not later than the tenth (10th)
business day, unless otherwise specified, after the Official Vesting
Date.
b.
If the submitted Application is incomplete,
then the Applicant shall be notified in writing not later than the
tenth (10th) business day after the Official Vesting Date.
i.
Such notice shall be served by depositing
it in the U.S. Postal Service, or by electronic mail transmission,
before the tenth (10th) business day following submission of the Application.
ii. The notification shall
specify the documents or other information needed to complete the
Application, and shall state the date the Application will expire
(see E below) if the documents or other information are not provided
to the City.
c.
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.
d.
If the Application is determined
to be complete, the Application shall be processed as prescribed by
this UDC.
3.
Acceptance shall not Constitute Compliance.
A determination of completeness shall not constitute a determination
of compliance with the substantive requirements of this UDC.
4.
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.
5.
Effect on Prescribed Statutory Processing
Deadlines.
a.
Standard Development Review: For
the purposes of the processing timelines described in TLGC Chapter
212, such processing timelines for 30-day approval, conditional approval
or disapproval of subdivision-related plats and plans and 15-day plan
resubmission review timelines for subdivision-related plans shall
begin on the date the application is deemed complete and all prerequisite
applications and processes have been approved. The date the application
is deemed complete shall be considered the "filed" date for the purpose
of TLGC Chapter 212. Plats and Plans submitted under the standard
development review submittal scheduled shall be acted upon by the
Planning and Zoning Commission.
b.
Alternative Development Review: Plats
or plans submitted under the alternative development review submittal
schedule may be approved as outlined in Table 32, Summary of Plat
Types. Each application of a plat and/or plans must submit the form
or letter which elects the alternative plat and plan approval process
in accordance with TLGC 212.0096.
C.
Re-Submittal after Notification of
Incompleteness.
1.
If the Application is re-submitted
after a notification of incompleteness, the Applications shall be
processed upon receipt of the re-submittal.
2.
The statutory 30-day time frame for
Plat approvals shall begin on the date the resubmitted application
is deemed complete and all prerequisite applications and processes
have been approved, based upon any submission date calendar adopted
to establish the Official Submission Dates.
3.
To the extent that the information
or documents submitted is not sufficient to enable the Decision-Maker
to apply the criteria for approval, the Application may be denied
on such grounds.
D.
Expiration of a Subdivision Related
Application - Before Approval Decision. Pursuant to Texas Local Government
Code Chapter 245, a subdivision related Application shall automatically
expire (ending 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 Applicant fails to provide documents
or other information necessary to comply with the City's technical
requirements relating to the form and content of the permit Application;
2.
The City provides to the Applicant,
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 is not provided; and
3.
The Applicant fails to provide the
specified documents or other information necessary to comply with
the City's requirements relating to the Application within the time
provided in the notification.
E.
Vesting Begins on the Official Vesting
Date. An Application shall be vested into the standards of the UDC
in effect at the time of the Application's Official Vesting Date.
(Ordinance
2017-13 adopted 10/2/2017; Ordinance 2020-04 adopted 3/24/2020)
A.
Action by the Responsible Official.
1.
The Responsible Official for an Application
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 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.
Decision. The Decision-Maker for
the Application shall approve, approve with conditions, or deny the
Application within the time period prescribed by these Subdivision
Regulations and Development Standards.
C.
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 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
shall send written notice within fourteen (14) calendar days following
the date of a decision on an Application.
E.
Notification of Appeal. Whenever
appeal is taken from a 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 Applicant.
(Ordinance
2017-13 adopted 10/2/2017; Ordinance 2020-04 adopted 3/24/2020)
A.
Setting the Hearing.
1.
When the Responsible Official determines
that an Application is complete and that a public hearing is required
by these Subdivision Regulations and Development Standards (see 3.03.08.
B. General Notice and Public Hearing Requirements for Replats and
3.03.10.C. Notice Requirements for Plat Vacation) or by State law,
the official shall cause notice of such hearing to be prepared and
made in accordance with State law.
2.
The time set for the public hearing
shall conform to the time periods required by 3.03.08. Replat and
3.03.10. Plat Vacation and by State law.
B.
Conduct of the Hearing.
1.
The public hearing shall be conducted
in accordance with State law.
2.
Any person may appear at the public
hearing and submit evidence, either individually or as a representative
of an organization.
3.
Each person who appears at a public
hearing shall state his or her name and address, and if appearing
on behalf of an organization or Applicant, state the name of the organization
or Applicant for the record.
C.
Record of Proceedings. The board/commission
conducting the hearing shall record the proceedings using standard
municipal record-keeping procedures.
D.
Notice Requirements for Replats.
1.
Published Notice for Replats.
a.
Whenever published notice of a public
hearing for a Replat approval before the Council or Commission is
required under state law or this UDC, the Responsible Official shall
cause notice to be published in a newspaper of general circulation
in the City before the fifteenth (15th) calendar day before the date
set for the required hearing.
b.
The notice shall set forth the date,
time, place and purpose of the hearing, and identification of the
subject property, where the decision concerns an individual tract
or parcel of land.
2.
Personal Notice for Replats.
a.
Notification by Mail Whenever personal
notice of a Replat public hearing is required by state law or this
UDC before the Council or Commission, the Director of Planning shall
cause notice to be sent by regular mail before the fifteenth (15th)
calendar day before the hearing date to the following:
i.
Each owner of real property located
within the original subdivision within two hundred (200) feet of the
exterior boundary of the property in question, and
b.
Notification Details. The notice
shall set forth the name of the Applicant, the time, place and purpose
of the hearing, identification of the subject property.
i.
Notice shall be sent to each owner
indicated on the most recently approved municipal tax roll for land
inside the City limits, and, when required by state law, on the most
recently approved County tax roll for land in the extraterritorial
jurisdiction. For recently annexed land that is not included on the
most recently approved City or County tax roll, notice may be given
by publication.
ii. Notice shall be considered
served by depositing the notice, properly addressed and first class
postage prepaid, in the United States mail.
E.
Notice Requirements for Plat Vacations.
1.
Published notice of the public hearing
on the Plat Vacation Application shall be given in accordance with
3.02.03. Public Hearings for Replat and Plat Vacation Applications
and State law.
2.
The hearing shall be conducted by
the City Council.
(Ordinance
2017-13 adopted 10/2/2017)
A.
Amendments/Revisions to an Approved
Subdivision Application. Unless another method is expressly provided
by these Subdivision Regulations and Development Standards, any request
to amend or revise an approved Application shall be considered 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 by these Subdivision
Regulations and Development Standards, an approved Application shall
automatically expire two (2) years following the approval date of
the Application (see 3.04.01.G. Expiration Date for Construction Plans
for expiration of Construction Plans), and shall become null and void,
and all activities under the Application thereafter shall be deemed
in violation of these Subdivision Regulations and Development Standards,
if:
a.
The Applicant fails to satisfy any
condition that was imposed by these Subdivision Regulations and Development
Standards or as part of the approval of the Application or that was
made under the terms of any improvement 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 these Subdivision Regulations and
Development Standards within the time so required; or
c.
An Improvement Agreement (see 3.01.04.
C) is not approved for the development.
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 time
shall be presumed to be two (2) years following the date the Application
was approved.
3.
Applications with Vested Right. Unless
a different date is determined pursuant to and upon review of a vested
rights petition, an Application approved prior to the effective date
of these Subdivision Regulations and Development Standards shall expire
in accordance with the terms of the regulations in effect at the time
the Application was filed.
C.
Effect of Expiration.
1.
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).
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
2017-13 adopted 10/2/2017)