(a) 
Initiation of application.
(1) 
Initiation by owner or owner's designated agent.
(A) 
Unless otherwise provided by this Subdivision Ordinance, any petition or Application may be initiated only by the property owner, owner of an interest in the land, or by the owner's designated agent.
(B) 
If the Applicant is a property owner's designated agent, the Application shall include a written statement from such property owner authorizing the designated agent to file the Application on the owner's behalf.
(C) 
Town Staff may require submission of documents, such as an affidavit from the owner, to provide evidence of ownership or agency.
(b) 
Waiver of application information.
Town Staff, in its sole discretion, may initially waive the submission of any information in the Application and accompanying materials that are not necessary due to the scope and nature of the proposed activity.
(c) 
Universal application contents.
(1) 
Application forms generally: The Town Staff is hereby 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 and ordinances.
(2) 
All Application Forms are available at Town Offices or on the Town's official website. Application Forms may change from time to time.
(d) 
Universal application fees.
(1) 
Every Application shall be accompanied by the prescribed fees set forth in the Town's adopted Fee Schedule, which is available upon request from Town Staff and shall be available on the Town's official website.
(2) 
The prescribed fee shall not be refundable, except when the Town Council waives the Application fee for resubmission of an approval that was denied.
(3) 
The Fee Schedule may be amended from time to time per procedures established by the Town Council.
(e) 
Payment of all indebtedness attributable to the subject property.
(1) 
No Application shall be accepted or reviewed for completeness from a person, developer, applicant, or entity that owes (as determined by the Town) delinquent taxes, assessments, fees, or outstanding invoices, or is otherwise indebted to the Town until such taxes, assessments, debts, or obligations shall have been fully discharged by payment, or until an arrangement, as determined to be satisfactory by the Town Staff at its sole discretion, has been made for the payment of such taxes, assessments, debts or obligations.
(2) 
It shall be the Applicant's responsibility to provide evidence or proof that all delinquent taxes, assessments, fees, outstanding invoices, or other obligations have been paid, or that other arrangements have been made for payment of said taxes, assessments, fees, outstanding invoices, or other obligations.
(f) 
Modification of application.
The Applicant may only modify a complete Application following its Official Submission Date, the date at which a complete application is accepted by the Town Staff, and prior to a required 30 calendar day decision requirement for the Commission's decision under the following circumstance:
(1) 
Modifications requested by the town.
If the modification is for revisions requested by the Town, and the modification is received at least ten (10) business days prior to the time scheduled for decision on the Application, then the Application shall be decided within the period for decision prescribed by this Subdivision Ordinance.
(g) 
Action by town staff.
(1) 
Circulate and compile comments.
After the determination of completeness of an Application has been established (the Official Submission Date), the Town Staff shall circulate the Application to all Administrative Officials and departments whose review is recommended for approval by Town Staff to be required for a decision on the Application and shall compile the comments and recommendations of all Administrative Officials in a written report.
(h) 
Forward application and provide notification.
(1) 
The Town Staff shall forward the Application to the decision-making officials (the Commission or the Town Council, as applicable) including the written report containing the compilation of any comments and recommendations by all Administrative Officials.
(2) 
The Town Staff also shall prepare required notices and schedule the Application for decision within the time and in the manner required by this Subdivision Ordinance.
(i) 
Action.
(1) 
The Commission and the Town Council shall approve or deny the Application within the time prescribed by this Subdivision Ordinance.
(2) 
Unless otherwise prescribed by law, where final approval is a board, the Commission or the Council, the Application shall be decided by majority vote of a quorum of the members of the board, the Commission, or the Council.
(j) 
Conditions.
The Town may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with applicable requirements of this Subdivision Ordinance.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Applicability.
The following procedures shall apply to any Application that is required by this Subdivision Ordinance and is submitted in accordance therewith.
(b) 
Determination of completeness for subdivision applications.
Every required Application shall be subject to a determination of completeness by the Town Staff for processing the Application.
(1) 
Acceptance standards.
The Application shall only be accepted by the Town Staff for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Subdivision Ordinance and required items stated on the Application Form, and the requirements of section 10.02.001(e)(1). 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 Town Staff not later than the tenth (10th) business day after the date of the Town Staff's receipt of the Application submittal (the Initial Application Submission Date), unless otherwise specified.
(B) 
If the submitted Application is deemed by Town Staff to be incomplete, then the Applicant shall be notified in writing not later than the tenth (10th) business day following Initial Application Submission Date to the Town Staff.
(i) 
Such written notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, not later than 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 if the documents or other matter that must be remedied prior to acceptance, as determined by the Town Staff in its sole discretion.
(C) 
An Application shall be deemed complete on the eleventh (11th) business day after the Application has been received if written notice has not been served on or before the tenth (10th) business day following submission of the Application.
(D) 
If the Application is determined by the Town Staff to be complete, the Town Staff shall declare the Official Submission Date and the Application shall be processed and reviewed for compliance with Town Ordinances as prescribed by this Subdivision Ordinance.
(3) 
Acceptance of an application shall not constitute compliance.
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Subdivision Ordinance.
(4) 
Acceptance of an application shall not guarantee approval.
There is no implied intent or guarantee that an accepted and completed Application will be approved if, after the Application has been deemed complete, it is determined that the Application does not comply with this Subdivision Ordinance.
(c) 
Re-Submittal after notification of incompleteness.
(1) 
If an Application is re-submitted after a notification of incompleteness, the Application shall be processed upon receipt of the re-submittal not later than the tenth (10th) business day following the date of the re-submission of the Application to the Town Staff.
(2) 
The statutory 30 calendar day requirement for Plat approval shall not begin until the Official Submission Date when the Town Staff determines that the Application is complete.
(3) 
To the extent that the information or documents submitted is not sufficient to enable the Town Staff to apply the criteria for approval, the Application may be denied on such grounds.
(d) 
Waiver of right to 30 calendar day action.
The Town Administrator shall be the responsible official to approve a Waiver of Right to 30 Calendar Day Action.
(1) 
Request.
An Applicant may submit in writing a Waiver of Right to 30 Calendar Day Action.
(2) 
Received.
(A) 
If the Applicant is requesting a Waiver of Right to 30 Calendar Day Action, the Waiver of Right to 30 Calendar Day Action must be received in writing by the Town Staff on or before close of business on the seventh (7th) business day prior to the Commission meeting at which action would have to be taken (which shall be no later than the 30 calendar day requirement in State law) on the Application.
(B) 
Waiver requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the Application at the scheduled meeting.
(3) 
Requirements maintained.
(A) 
Submission of a Waiver of Right to 30 Calendar Day Action, and acceptance of such waiver by the Town Staff as part of an Application, shall not be deemed in any way a waiver to any requirement within this Subdivision Ordinance.
(B) 
A waiver from requirements herein is a separate and distinct process.
(e) 
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 Submission Date, if:
(1) 
The Applicant fails to provide documents or other information necessary to comply with the Town's technical requirements relating to the form and content of the Application;
(2) 
The Town Staff has provided to the Applicant, not later than the tenth (10th) business day after the Application's Official Submission Date, 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 Town's requirements relating to the Application within the time provided in the notification.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Action by the town staff.
(1) 
The Town Staff shall assess the Application by following the Town's development review procedures.
(2) 
Town Staff 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 Town regulations in preparation for consideration by the appropriate deciding staff or board.
(b) 
Recommendation.
The Commission shall have the authority to review and to recommend to the Town Council the approval, approval with conditions, or disapproval of Preliminary Plats, Final Plats, and Replats within the time periods prescribed by this Subdivision Ordinance.
(c) 
Decision.
The Town Staff, in the case of Minor Plats and Amending Plats, and the Town Council, in the case of all other plat Applications, shall approve, approve with conditions, or deny the Application within the time periods prescribed by this Subdivision Ordinance.
(d) 
Conditions Attached.
The Town Staff, in the case of Minor Plats and Amending Plats, and the Town Council, in the case of all other plat Applications may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with all applicable requirements of this Subdivision Ordinance, in which case the Application is considered denied until the conditions are satisfied, as determined by Town Staff.
(e) 
Notification of decision.
The Town shall send written notice to the Applicant no later than fourteen (14) calendar days following the date of a decision on an Application.
(f) 
Notification of appeal.
Whenever appeal is taken from a final decision on an Application following a public hearing, or whenever the Town is to consider revocation of an Application that was obtained following a public hearing, notice of the appeal or revocation proceeding shall be provided to the Applicant.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Setting the hearing.
(1) 
When the Town Staff determines that an Application is complete and that a public hearing is required for a Preliminary Plat by this Subdivision Ordinance or by State law, the Town Staff 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 Subsection (d) Preliminary Plat, and Subsection (e) Plat Vacation in this Subdivision Ordinance 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 hearing shall be recorded using standard municipal recordkeeping procedures.
(d) 
Notice requirements for preliminary plats.
(1) 
The Commission shall hold a public hearing prior to the approval of a Preliminary Plat, and the date, place, and time of such public hearing shall be published in the local newspaper before the fifteenth (15th) calendar day before the date set for the required hearing and the agenda for the Commission's meeting for consideration of the Preliminary Plat shall be posted in accordance with State law. Notice will also be posted on the Town's website and sent out electronically to all subscribers to the Town's website.
(2) 
Notices of the public hearing shall be mailed by United States Postal Service to property owners within 200' of the outer boundaries of the proposed subdivision. The notices will be mailed out before the tenth (10th) calendar day before the date set for the required hearing.
(3) 
Following a recommendation from the Commission, the Town Council shall hold a public hearing prior to the approval of a Preliminary Plat, and the date, place, and time of such public hearing shall be published in the local newspaper before the fifteenth (15th) calendar day before the date set for the required hearing and the agenda for the Town Council's meeting for consideration of the Preliminary Plat shall be posted in accordance with State law. Preliminary Plats will not be considered by the Town Council no earlier than fifteen (15) calendar days after recommendation from the commission.
(e) 
Notice requirements for plat vacations.
(1) 
Whenever published notice of a public hearing for a Plat Vacation is required under State law, or this Subdivision Ordinance, Town Staff shall cause notice to be published in a newspaper of general circulation in the Town before the fifteenth (15th) calendar day before the date set for the required hearing.
(2) 
The public hearing shall be conducted by the Town Council no earlier than fifteen (15) calendar days after recommendation from the Commission.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
For the purposes of this ordinance the application of Texas Local Government Code, chapter 212, a plat application is not deemed to be "filed" until the Town Staff has determined that the Application is complete and has declared the Official Submission Date.
(b) 
Approval procedure: initial approval.
(1) 
Pursuant to Texas Local Government Code Section 212.009(a), the municipal authority responsible for approving Plats shall approve, approve with conditions, or disapprove a Plat within 30 days after the date the Plat is filed.
(A) 
A Plat is deemed to be approved by the municipal authority unless it is disapproved within that period in accordance with Texas Local Government Code, section 212.0091.
(B) 
A Plat is not deemed to be "filed" until the Town Staff has determined that the Application is complete and declared the Official Submission Date.
(2) 
Pursuant to Texas Local Government Code, Section 212.009(b), this Subdivision Ordinance requires that a plat be approved by the Town Council in addition to the Commission. The Town Council shall approve, approve with conditions, or disapprove the plat within 30 days after the date the plat is approved by the Commission or is deemed to be approved by the inaction of the Commission. A plat is deemed to be approved by the Town Council unless it is disapproved within that period and in accordance with Texas Local Government Code, section 212.0091.
(3) 
Pursuant to Texas Local Government Code, section 212.009(b-1), notwithstanding subsection (b)(1), if a groundwater availability certification is required under Texas Local Government Code, (b)(1), section 212.0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable.
(4) 
Pursuant to Texas Local Government Code, Section 212.009(b-2), notwithstanding subsection (b)(1), 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 municipal authority responsible for approving plats or the governing body of the municipality, as applicable; and
(B) 
The municipal authority or governing body, as applicable, approves the extension request.
(5) 
Pursuant to Texas Local Government Code, Section 212.009(c), if a Plat is approved, the municipal authority giving the approval shall endorse the Plat with a certification indicating the approval. The certification must be signed by:
(A) 
The authority's presiding officer and attested by the authority's secretary; or
(B) 
A majority of the members of the authority.
(6) 
Pursuant to Texas Local Government Code, section 212.009(d), if the municipal authority responsible for approving Plats fails to approve, approve with conditions, or disapprove a Plat within the prescribed period, the authority on the applicant's request shall issue a certificate stating the date the Plat was filed and that the authority 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) 
Pursuant to Texas Local Government Code section 212.009(e), the municipal authority responsible for approving plats 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) 
Approval procedure: conditional approval or disapproval requirements.
(1) 
Pursuant to Texas Local Government Code, Section 212.0091(a), a municipal authority or governing body that conditionally approves or disapproves a 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) 
Pursuant to Texas Local Government Code, Section 212.009(b), each condition or reason specified in the written statement:
(A) 
Must:
(i) 
Be directly related to the requirements under this Subdivision Ordinance and Texas Local Government Code, chapter 212, subchapter A.
(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) 
Approval procedure: applicant response to conditional approval or disapproval.
(1) 
Pursuant to Texas Local Government Code, Section 212.0093, after the conditional approval or disapproval of a Plat under subsection (b) (TLGC Reference § 212.0091), the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the Plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided.
(2) 
Pursuant to Texas Local Government Code, Section 212.0093, the municipal authority or governing body may not establish a deadline for an applicant to submit the response.
(e) 
Approval procedure: approval or disapproval or response.
(1) 
Pursuant to Texas Local Government Code Section 212.0095(a), a municipal authority or governing body that receives a response under subsection (c) (TLGC Reference, § 212.0093) shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved Plat not later than the fifteenth (15th) business day after the date the response was submitted in writing to the municipal authority.
(2) 
Pursuant to Texas Local Government Code, Section 212.0095(b), a municipal authority or governing body that conditionally approves or disapproves a Plan or Plat following the submission of a response under subsection (c) (TLGC Reference, § 212.0093):
(A) 
Must comply with Subsection (b) (TLGC Reference, § 212.0091); and
(B) 
May disapprove the plan or plat only for a specific condition or reason provided to the applicant under subsection (b) (TLGC Reference, § 212.0091).
(3) 
Pursuant to Texas Local Government Code, section 212.0095(c), a municipal authority or governing body that receives a response under subsection (e) (TLGC Reference, § 212.0093) shall approve a previously conditionally approved or disapproved Plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.
(4) 
Pursuant to Texas Local Government Code, Section 212.0095(d), a previously conditionally approved or disapproved Plan or Plat is deemed to be approved if:
(A) 
The applicant filed a response that meets the requirements of subsection (e)(3); and
(B) 
The municipal authority or governing body that received the response does not disapprove the Plat on or before the date required by subsection (e)(1) (TLGC Reference, § 212.0095(a)) and in accordance with subsection (c) (TLGC Reference, § 212.0091).
(f) 
Approval procedure: waiver prohibited.
Pursuant to Texas Local Government Code, section 212.0097, a municipal authority responsible for approving plats or the governing body of a municipality may not request or require an applicant to waive a deadline or other approval procedure under these Subdivision Regulations and Texas Local Government Code, chapter 212, Subchapter A.
(g) 
Judicial review of disapproval.
Pursuant to Texas Local Government Code, § 212.0099, in a legal action challenging a disapproval of a Plat under this subchapter, the municipality has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. The court may not use a deferential standard.
(Ordinance 25-016 adopted 11/10/2025)