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:
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.
(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)
