(a) 
Purpose.
(1) 
The pre-application meeting is intended to allow for the exchange of nonbinding information between the applicant and town staff to ensure that the applicant is informed of pertinent town development regulations and processes.
(2) 
The pre-application meeting provides an opportunity for the applicant and town staff to discuss major development considerations such as utilities, roadways, drainage concerns, comprehensive plan elements, specific neighborhood characteristics, and historical information.
(3) 
This exchange of information is intended to promote an efficient and orderly review process.
(b) 
Pre-application meeting before the submission of plans and applications.
(1) 
Before a formal submittal of any required plan or application, the applicant is encouraged to consult with the planning manager, the town engineer, the building official, and any other pertinent town staff in order for the applicant to become familiar with the town's development regulations and the development process.
(2) 
At the pre-application meeting, the applicant may be represented by their land planner, engineer, surveyor, or other qualified professional.
(3) 
Pre-application meetings are encouraged for all plat applications; see sections 10.02.093 through 10.02.098.
(4) 
Pre-application meetings do not vest a permit, application, or other type of development approval, pursuant to chapter 245, LGC.
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
Applicability.
In agreement with TLGC section 212.0085, the plat application approval procedures under TLGC 212 (subchapter A) apply to the town regardless of whether the town has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under TLGC section 242.001(d).
(b) 
Initial approval.
(1) 
In agreement with TLGC section 212.009(a), the planning and zoning commission and town council shall approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed. A plan or plat is approved by the planning and zoning commission and town council unless it is disapproved within that period and in accordance with TLGC section 212.0091.
(2) 
In agreement with TLGC section 212.009(b), if an ordinance requires that a plan or plat be approved by the town council in addition to the planning and zoning commission, the town council shall approve, approve with conditions, or disapprove the plan or plat within 30 days after the date the plan or plat is approved by the planning and zoning commission or is approved by the inaction of the planning and zoning commission. A plan or plat is approved by the town council unless it is disapproved within that period and in accordance with TLGC section 212.0091.
(3) 
In agreement with TLGC section 212.009(b-1), notwithstanding subsection (b)(1) or (b)(2), if a groundwater availability certification is required under TLGC section 212.0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the planning and zoning commission and town council, as applicable, unless the requirement for groundwater availability certification is waived under TLGC section 212.0101(a-1).
(A) 
In agreement with TLGC section 212.0101 (additional requirements: use of groundwater), if a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the planning and zoning commission and town council by ordinance may require the plat application to have attached to it a statement that:
(i) 
Is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state; and
(ii) 
Certifies that adequate groundwater is available for the subdivision.
(4) 
In agreement with TLGC section 212.009(b-2), notwithstanding subsection (b)(1) or (b)(2), the parties may extend the 30-day period described by those subsections for a period not to exceed 30 days if:
(A) 
The applicant requests the extension in writing to the planning and zoning commission and town council, as applicable; and
(B) 
The planning and zoning commission and town council, as applicable, approve the extension request.
(5) 
In agreement with TLGC section 212.009(c), if a plan or plat is approved, the planning and zoning commission and town council shall endorse the plan or plat with a certificate indicating the approval. The certificate must be signed by:
(A) 
The planning and zoning commission's and town council's presiding officer and attested by the and town council's secretary; or
(B) 
A majority of the members of the authority.
(6) 
In agreement with TLGC section 212.009(d), if the planning and zoning commission and town council fails to approve, approve with conditions, or disapprove a plan or plat within the prescribed period, the planning and zoning commission and town council, on the applicant's request, shall issue a certificate stating the date the plan or plat was filed and that the planning and zoning commission and town council failed to act on the plan or plat within the period. The certificate is effective in place of the endorsement required by subsection (b)(5).
(7) 
In agreement with TLGC section 212.009(e), the planning and zoning commission and town council shall maintain a record of each application made to the authority and the authority's action taken on it. On request of an owner of an affected tract, the authority shall certify the reasons for the action taken on an application.
(c) 
Conditional approval or disapproval requirements.
(1) 
In agreement with TLGC section 212.0091(a), the planning and zoning commission or town council that conditionally approves or disapproves a plan or plat shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval.
(2) 
In agreement with TLGC section 212.0091(b), each condition or reason specified in the written statement:
(A) 
Must:
(i) 
Be directly related to the requirements under the subdivision regulations and TLGC 212 (subchapter A); and
(ii) 
Include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable; and
(B) 
May not be arbitrary.
(d) 
Applicant response to conditional approval or disapproval.
In agreement with TLGC section 212.0093, after the conditional approval or disapproval of a plan or plat under subsection (b) (TLGC section 212.0091), the applicant may submit to the planning and zoning commission or town council that conditionally approved or disapproved the plan or plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The planning and zoning commission or town council may not establish a deadline for an applicant to submit the response.
(e) 
Approval or disapproval of response.
(1) 
In agreement with TLGC section 212.0095(a), the planning and zoning commission or town council that receives a response under subsection (d) (TLGC section 212.0093) shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved plan or plat not later than the 15th day after the date the response was submitted.
(2) 
In agreement with TLGC section 212.0095(b), the planning and zoning commission or town council that conditionally approves or disapproves a plan or plat following the submission of a response under subsection (d) (TLGC section 212.0093):
(A) 
Must comply with subsection (c) (TLGC section 212.0091); and
(B) 
May disapprove the plan or plat only for a specific condition or reason provided to the applicant under subsection (c) (TLGC section 212.0091).
(3) 
In agreement with TLGC section 212.0095(c), the planning and zoning commission or town council that receives a response under subsection (d) (TLGC section 212.0093) shall approve a previously conditionally approved or disapproved plan or plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.
(4) 
In agreement with TLGC section 212.0095(d), a previously conditionally approved or disapproved plan or plat is approved if:
(A) 
The applicant filed a response that meets the requirements of subsection (e) (TLGC section 212.0095(c)); and
(B) 
The planning and zoning commission or town council that received the response does not disapprove the plan or plat on or before the date required by subsection (A) and in accordance with subsection (c) (TLGC section 212.0091).
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
Universal application contents.
(1) 
Application forms generally: The town is authorized to prepare application forms that include information requirements, checklists, architectural or engineering drawing sizes, applicant contact information, and any other information necessary to show compliance with town codes.
(2) 
All application forms are available from the planning manager.
(b) 
Application forms.
The planning manager shall create, manage, and update application forms for all development applications authorized under subsection (a)(1).
(c) 
Application fees.
(1) 
Every application shall be accompanied by the prescribed fees established in the adopted fee schedule.
(2) 
The prescribed fee shall not be refundable.
(3) 
The fee schedule may be amended from time-to-time by the town council.
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
Amendments/revisions to an approved subdivision application.
Unless another method is expressly provided by these subdivision regulations, 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 that new application is filed with the town.
(b) 
Expiration of an approved subdivision application.
(1) 
Subdivision application expiration - two (2) years.
Unless otherwise expressly provided by these subdivision regulations, an approved application shall automatically expire two (2) years following the approval date of the application, and shall become null and void if the applicant does not move forward to the next step as identified in figure 1: general overview of the platting process in section 10.02.010.
(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) 
Effect of expiration.
A new application must be submitted for consideration and approval subject to regulations in effect at the time the new application is filed.
(Ordinance 2024-03 adopted 2/6/2024)
In agreement with TLGC section 212.0115, the following section prescribes issuing certification regarding compliance with plat requirements.
(1) 
Land within the town's jurisdiction.
For the purposes of this section, land is considered to be within the town's jurisdiction if the land is located within the limits or in the extraterritorial jurisdiction.
(2) 
Issue certificate.
On the approval of a plat by the planning and zoning commission and town council, the planning manager shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the planning and zoning commission and town council.
(3) 
Determinations regarding the owner's land.
On the written request of an owner of land, a purchaser of real property under a contract for deed, executory contract, or other executory conveyance, an entity that provides utility service, or the town council, the planning manager shall make the following determinations regarding the owner's land or the land in which the entity or town council is interested that is located within the jurisdiction of the town:
(A) 
Whether a plat is required under these regulations; and
(B) 
If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the town.
(4) 
Land subject to request.
The request made under subsection (3) must identify the land that is the subject of the request.
(5) 
Determination of plat requirement.
(A) 
If the planning manager determines under subsection (3) that a plat is not required, the planning manager shall issue to the requesting party a written certification of that determination.
(B) 
If the planning manager determines that a plat is required and that the plat has been prepared and has been reviewed and approved by the planning and zoning commission and town council, the planning manager shall issue to the requesting party a written certification of that determination.
(6) 
Timing for determination.
The planning manager shall make its determination within 20 days after the date it receives the request under subsection (3) and shall issue the certificate, if appropriate, within 10 days after the date the determination is made.
(7) 
Entity making the determination.
If both the planning and zoning commission and town council have authority to approve plats, only one of those entities need make the determinations and issue the certificates required by this section. The town council delegates determinations to the planning manager under subsection (9).
(8) 
Additional rules.
The planning and zoning commission and town council may adopt rules it considers necessary to administer its functions under this section.
(9) 
Delegation of responsibility.
The town council may delegate, in writing, the ability to perform any of the responsibilities under this section to one or more persons. Subsequently, the planning manager shall serve to perform the responsibilities under this section. A binding decision of the person or persons under this subsection is appealable to the planning and zoning commission and town council.
(Ordinance 2024-03 adopted 2/6/2024)
In agreement with TLGC section 212.012, the following section prescribes connecting utilities.
(1) 
Utility service prohibited unless a certificate is held.
Except as provided by subsection (3), an entity described by subsection (2) may not serve or connect any land with water, sewer, electricity, gas, or other utility service unless the entity has been presented with or otherwise holds a certificate applicable to the land issued under section 10.02.065 (certification regarding compliance with plat requirements).
(2) 
Applicability of prohibition.
The prohibition established by subsection (1) (utility service prohibited unless a certificate is held) applies only to:
(A) 
A municipality and officials of a municipality that provides water, sewer, electricity, gas, or other utility service;
(B) 
A municipally owned or municipally operated utility that provides any of those services;
(C) 
A public utility that provides any of those services;
(D) 
A water supply or sewer service corporation organized and operating under chapter 67, Water Code, that provides any of those services;
(E) 
A county that provides any of those services; and
(F) 
A special district or authority created by or under state law that provides any of those services.
(3) 
Exceptions.
An entity described by subsection (2) may serve or connect land with water, sewer, electricity, gas, or other utility service regardless of whether the entity is presented with or otherwise holds a certificate applicable to the land issued under section 10.02.065 (ref TLGC section 212.0115) if:
(A) 
The land was first served or connected with service by an entity described by subsection (2)(A), (2)(B), or (2)(C) before September 1, 1987; or
(B) 
The land was first served or connected with service by an entity described by subsection (2)(D), (2)(E), or (2)(F) before September 1, 1989.
(4) 
Providing document on request to government entities.
On request, the planning and zoning commission and town council shall provide to the attorney general and any appropriate local, county, or state law enforcement official a copy of any document on which the planning and zoning commission and town council relied in determining the legality of providing service.
(5) 
No abrogation or waiver.
This section 10.02.066 may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred.
(Ordinance 2024-03 adopted 2/6/2024)