2.01.01
Purpose.
The purpose of this Chapter is to establish the responsibilities and structure for administering and enforcing this Code, including the reviewing authority and minimum review procedures that will be followed by each reviewing authority. Chapter 3 provides supplemental information to the review procedures described in Chapter 2.
2.01.02
Conformity with Development Regulations.
All City officials and employees with the responsibility or
authority to issue a permit, certificate or license are prohibited
from issuing a permit or license for any use, building, or purpose
that conflicts with any provision of this Code. Any permit, certificate
or license issued in conflict with the provisions of this Code is
null and void.
(Ordinance 09-O-02 adopted 1/28/2009)
It is the responsibility of an applicant to provide accurate
and complete information and plans to comply with the requirements
of this Code and all applicable laws and regulations. The City of
Liberty Hill is not responsible for the accuracy of information or
plans provided to the City for its review or approval.
The City or its representatives may inspect any development
activity to enforce the provisions of this Code. By submitting an
application to the City, the applicant consents to entry upon the
site by the City or its representatives during regular business hours
for the purpose of making reasonable inspection to verify information
provided by the applicant and to verify that work is being performed
in accordance with the approved plans and permits and the requirements
of this Unified Development Code.
The use of the following terms in this Code refers to the person,
entity, or agent thereof who may apply for an approval or a permit
or another decision of the City under this Code. All such terms shall
be considered interchangeable. The terms include the following: owner,
owner’s agent, landowner, property owner, applicant, developer,
and subdivider.
(Ordinance 09-O-02 adopted 1/28/2009)
2.03.01
City Manager.
The administrative official for the purposes of this Chapter shall be the City Manager and his assistants, deputies, and department heads insofar as they may be charged by the City Manager and the provisions of this chapter with duties and responsibilities referenced in this Chapter and Chapter 3. The City Manager or his designee shall ordinarily administer and enforce the provisions of this Code. The City Manager shall serve as staff to the Planning and Zoning Commission, Board of Adjustments (BOA), Parks and Recreation Board, and the City Council except where otherwise provided by this Chapter.
2.03.02
City Manager Powers and Duties.
The City Manager has the following powers to make final action
and review and reporting duties regarding this Code:
A.
The
City Manager is responsible for taking final action on the following
procedures described in this Code and according to the specific criteria
for each procedure as described in the Code.
1.
Letter
of Zoning Compliance
2.
Subdivision
Plat Compliance
3.
Master
Sign Plan
4.
Temporary
Use Permit
5.
Administrative
Plat Review
6.
Minor
Plat, Final Plat or Amending Plat. (If the City Manager does not approve
such a plat, the plat must automatically be forwarded to the Planning
and Zoning Commission under the Subdivision Plat Review procedure.)
B.
The
City Manager will review and make either a report or recommendation
to the BOA, Planning and Zoning Commission, Parks and Recreation Board,
or City Council, as required pursuant to the Code, on the following
procedures:
C.
The
City Manager shall have the following additional duties:
1.
To
comply with any other duty or responsibility clearly assigned to the
City Manager elsewhere in this Code;
2.
To
enforce all provisions of this Code;
3.
To
meet with potential applicants in preapplication conferences as described
in this Code;
4.
To
act and serve as staff for each review body designated by this Code;
and
5.
To
render advice and guidance, upon reasonable request of any property
owner, or its agent, or occupant, on development or new construction
or the restoration, alteration or maintenance of any building within
the City.
D.
The
City Manager shall comply with any specific procedures described in
this Code.
E.
The
City Manager may develop administrative rules or additional procedures
to clarify implementation of this Code, provided that such rules or
procedures are approved by the City Council prior to their implementation
or enforcement, and provided further that additional procedures do
not violate any other provisions of this Code.
F.
The
City Manager will develop an Administrative Procedures Manual for
application requirements for all procedures described within or developed
pursuant to this Code. Such requirements must be sufficient to permit
the Administrator to effectively review the application and for the
final approving authority to render an informed decision.
G.
Application
requirements must be consistent with state law.
H.
The
City Manager may waive application requirements when appropriate,
but may not require additional submission requirements after an application
has been determined to be complete.
I.
Interpretation
of the Code.
Whenever there appears to be an uncertainty,
vagueness, or conflict in the terms of the Code, the City Manager,
in consultation with the staff, city engineer, or city attorney, as
may be appropriate, shall make every effort to interpret the Code
in such a way that it fulfills the goals of the Comprehensive Plan
and the UDC. The interpretation given by the Manager shall be final
unless an appeal is made by the applicant to the City Council or Board
of Adjustment to review and overturn his decision. In such a case
the burden shall be on the applicant to prove that the Administrator’s
interpretation is unreasonable and in clear conflict with the governing
law and the goals of the Comprehensive Plan.
2.03.03
City Engineer.
A.
The
City Council will appoint a City Engineer to function as described
in this Code. The City Engineer must be a registered professional
engineer, licensed by the State of Texas and competent in the design
and review of land development and urban public works.
B.
The
City Engineer is responsible for review and final action on the following
plans described in this Code, subject to the specific criteria for
the procedure as described in the Code:
C.
The
City Engineer will review and make either a report or recommendation
to the City Manager, Planning and Zoning Commission or City Council
on the following procedures, subject to the terms and conditions set
forth for such procedures in this Code:
D.
The
City Engineer shall comply with any specific procedures or technical
criteria described in this Code.
E.
The
City Engineer may develop and implement additional procedures or technical
criteria to clarify implementation of this Code, provided that such
procedures or criteria are approved by the City Manager prior to their
implementation and enforcement, and provided further that the additional
procedures do not violate any other provisions of this Code.
2.03.04
Parks and Recreation Board.
A.
The
regulations and restrictions of the Parks and Recreation Board for
the City of Liberty Hill will be pursuant to the provisions of applicable
statutory requirements of the State of Texas and of the enabling ordinance
establishing the Parks and Recreation Board.
B.
The
Parks and Recreation Board shall be an advisory body to the Planning
and Zoning Commission and City Council on policies, programs, public
and private parks within new developments in Liberty Hill’s
jurisdictional area, and park and recreation facilities that serve
the citizens of Liberty Hill.
C.
The
Parks and Recreation Board will be constituted and conduct all activities
in accordance with this Code and all other applicable codes, and any
adopted Bylaws. The proposed bylaws shall be submitted to the City
Council for review [and] approval before the Parks and Recreation
Board becomes effective.
D.
The
Parks and Recreation Board review process will be required for any
permit or application that requires final action from the Parks and
Recreation Board, as described in this Code. The Parks and Recreation
Board shall be responsible for hearing and making recommendations
to the Planning and Zoning Commission and City Council on the following:
Parks and Recreation Improvements and Amenities included with
Park Land Dedications
E.
The
Parks and Recreation Board serves as an Advisory group to the Planning
and Zoning Commission and City Council.
F.
The
Parks and Recreation Board will review the application or park-related
project or policy, the Manager’s report, and make recommendations
to the Planning and Zoning Commission and City Council based on the
Parks and Recreation Plan set forth in the Comprehensive Plan, or
other subsequent plans that are developed related to parks and recreation.
2.03.05
Board of Adjustment (BOA or Board).
A.
The
regulations and restrictions of the Board of Adjustment (BOA) for
the City of Liberty Hill will be pursuant to the provisions of applicable
statutory requirements of the State of Texas. No BOA action may govern
if in conflict with specific provisions of this Code.
C.
The
BOA will be constituted and conduct all activities in accordance with
the Code and all other applicable Codes, and any adopted Bylaws. The
City Council of the City of Liberty Hill will act as the BOA until
such time as a separate BOA has been created.
D.
The
BOA review process will be required for any permit or application
that requires final action from the BOA, as described in this Code.
E.
Initiation
of a BOA process may be made upon:
1.
Application
by the property owner of the affected property or its authorized agent.
2.
An
administrative exception may only be requested by the City Manager.
3.
Appeal
of an administrative decision may be initiated by any person aggrieved
by the administrative decision, in compliance with section 211.010
of the Texas Local Government Code.
F.
Applications
must be made in a format consistent with requirements determined by
the City Manager. Applications must include all materials determined
necessary by the City Manager. Information regarding format requirements
and submittal materials required for the application will be made
available by the City Manager in advance of any application.
G.
Appeal
of an administrative decision must be made to the BOA in a format
acceptable to the BOA.
H.
Upon submission of an application, the City Manager will determine whether the application is complete, as described in Chapter 3.
I.
Appeals
of administrative decisions will be forwarded to the BOA regardless
of completeness. The BOA will determine whether the appeal is complete.
J.
Once
a procedure has been initiated and the application deemed complete,
the City Manager will review the application, considering any applicable
criteria for approval and prepare a report to the BOA.
K.
The
City Manager may establish procedures for administrative review necessary
to ensure compliance with this Code and state law.
L.
The
City Manager may assign staff to review the application and provide
a preliminary report to the Manager.
M.
The
City Manager’s report may include a recommendation for final
action.
N.
The
BOA will review the application, the City Manager’s report,
conduct a hearing in accordance with the BOA’s established procedures
and state law, and take final action on the application. In accordance
with Texas Local Government Code 211.009, the concurring vote of 75
percent of the members of the board is necessary to:
O.
The
application must be complete and the information contained within
the application must be sufficient and correct enough to allow adequate
review and final action.
Q.
Specific procedures and criteria for considering appeals of administrative decisions are provided in Chapter 3.
R.
A person
aggrieved by a final action on a BOA procedure may appeal to a competent
court of record within ten (10) days of the final action (see Texas
Local Government Code, section 211.011). Failure to appeal within
ten (10) days shall cause the final action to be contractually agreed
to and the action will become final and unappealable. The action will
be abated upon request of either party for mediation if appealed within
10 days.
S.
Prior
to filing an appeal with a competent court of record, any party to
an appeal may request that alternative resolution of the dispute be
attempted.
2.03.06
Planning and Zoning Commission.
A.
The regulations and restrictions of the Planning and Zoning Commission
for the City of Liberty Hill will be pursuant to the provisions of
applicable statutory requirements of the State of Texas. No requirement
or the procedure of the Planning and Zoning Commission action may
govern if it is in conflict with specific provisions of this Code.
B.
The Planning and Zoning Commission will function as the municipal
authority responsible for approving plats, subdivision variances,
and exercising all of those powers and duties permitted or required
by Chapter 212 of the Local Government Code, the City Charter, and
City ordinances, as each may be amended from time to time.
C.
The Planning and Zoning Commission has the powers and duties of a
Planning and Zoning Commission in accordance with Texas Local Government
Code § 211.007 and § 371.042 and it will serve
in an advisory capacity to City Council. The Planning and Zoning Commission's
authority extends to and includes review and recommendation of the
following:
D.
The
Planning and Zoning Commission will be formed and conduct all activities
in accordance with this Code and other applicable City code requirements,
the ordinance creating the Commission and any adopted Bylaws.
E.
The Planning and Zoning Commission review process will be required
for any permit or application that requires review and recommendations
from the Planning and Zoning Commission, as described in this Code.
F.
Initiation of a Planning and Zoning Commission process may be made
upon application by the property owner of the affected property or
its authorized agent.
G.
Application must be made in a format consistent with requirements
determined by the City Administrator. Applications must include all
materials determined necessary by the City Administrator. Information
regarding the format requirements and submittal materials required
for the application will be made available by the Administrator in
advance of any application.
H.
The Planning and Zoning Commission will serve as an Advisory Body
to the City Council.
I.
A preliminary or final plat, Conditional Use permit, zoning map amendment,
or variance request will not be recommended for approval until the
application is complete and the information contained within the application
is sufficient and correct so as to allow adequate review and a decision
on a recommendation by the appropriate review authority.
J.
No plat shall be recommended without a determination that the plat
conforms to the following:
1.
The requirements of this Code and any applicable state law.
2.
The City's Comprehensive Plan and any other adopted plans as
they relate to:
i.
The City's current and future streets, sidewalks, alleys, parks,
playgrounds, and public utility facilities; and
ii.
The extension of the City or the extension, improvement, or
widening of its roads, taking into account access to and extension
of sewer and water mains and the instrumentalities of public utilities.
iii.
Any subdivision design and improvement standards adopted by
the City pursuant to Texas Local Government Code § 212.002
or Texas Local Government Code § 212.044, governing plats
and subdivision of land within the City's jurisdiction to promote
the health, safety, morals, or general welfare of the City and the
safe, orderly, and healthful development of the City.
iv.
The tract of land subject to the application is adequately served
by public improvements and infrastructure, or will be adequately served
upon completion of required improvements.
K.
Until the Commission has been given final action authority by the
City Council, appeals shall be made to City Council.
2.03.07
City Council (Council).
The regulations and restrictions of the City Council for the
City of Liberty Hill will be pursuant to the provisions of applicable
statutory requirements of the State of Texas. The City Council (Council)
has the following powers and duties:
A.
The
City Council is responsible for appointing and removing any members
of the Planning and Zoning Commission, BOA, and Parks and Recreation
Board. Appointments will be made on the recommendation of the Mayor
and a vote of approval by the City Council.
B.
The City Council has responsibility for hearing and taking final
action on the following procedures described in this Code.
C.
Any other specific procedure or legislative action that requires
City Council action as specified in this Code, or required by state
or federal law.
D.
The City Council membership and bylaws have been established by Texas
Local Government Code.
E.
Procedures for City Council review and action will be developed and
adopted by the Council when appropriate.
|
Table 3-1: Applications and Permits
| |||||||
|---|---|---|---|---|---|---|---|
|
Development in City Limits
|
Development in ETJ
|
City Council
|
Planning and Zoning Commission
|
Board of Adjustment
|
Parks and Recreation Board
|
Administrative Review
|
Willamson County
|
|
POLICY-RELATED APPLICATIONS AND PERMITS
| |||||||
|
Comprehensive Plan Amendment
|
Comprehensive Plan Amendment
|
X
|
O
|
A
|
O
| ||
|
UDC Text Amendment
|
UDC Text Amendment
|
X
|
O
|
A
|
O
| ||
|
Zoning Map Amendment
|
X
|
O
|
A
|
O
| |||
|
Planned Unit Development
|
X
|
O
|
O
| ||||
|
Conditional Use Permit
|
X
|
O
|
O
| ||||
|
SUBDIVISION-RELATED APPLICATIONS AND PERMITS
| |||||||
|
Plan Consistency Review
|
Plan Consistency Review
|
X
| |||||
|
Administrative Plats
|
Administrative Plats
|
X
| |||||
|
Development Plat
|
Development Plat
|
X
|
O
| ||||
|
Preliminary Plat
|
Preliminary Plat
|
X
|
O
| ||||
|
Construction Plan
|
Construction Plan
|
X
| |||||
|
Final Plat
|
Final Plat
|
X
|
O
| ||||
|
DEVELOPMENT-RELATED APPLICATIONS AND PERMITS
| |||||||
|
Zoning Verification Letter
|
X
| ||||||
|
Legal Lot Verification Letter
|
Legal Lot Verification Letter
|
X
| |||||
|
Written Interpretation
|
Written Interpretation
|
X
| |||||
|
Master Sign Plan
|
Master Sign Plan
|
X
| |||||
|
On-site Wastewater Permit
|
On-site Wastewater Permit
|
X
| |||||
|
Site Plan Review
|
X
| ||||||
|
Site Development Permit
|
X
|
O
| |||||
|
Stormwater Permit
|
Stormwater Permit
|
X
| |||||
|
Administrative Decision
|
X
| ||||||
|
Appeal of an Administrative Decision
|
X
| ||||||
|
Administrative Exception
|
X
| ||||||
|
Zoning Variance
|
X
|
O
|
O
| ||||
|
Subdivision Variance
|
X
|
O
| |||||
|
Temporary Use Permit
|
X
| ||||||
|
Sign Permit
|
X
| ||||||
|
OTHER:
| |||||||
|
Dedication of Land and Community Facilities
|
X
|
A
|
O
| ||||
|
KEY:
| |
|---|---|
|
X
|
Final Review Authority
|
|
O
|
Initial Review or Recommending Authority
|
|
A
|
Advisory Review
|
|
NOTES:
|
|---|
|
Williamson County has review authority in the City's ETJ in
accordance with the interlocal agreement.
|
(Ordinance 09-O-02 adopted 1/28/2009; Ordinance
2023-O-032 adopted 8/23/2023)
