To ensure compliance with the intent and standards of this place type zoning ordinance and to safeguard the health, safety, and welfare of the public, the city requires the approval of construction documents for most development and construction activity within the city. In addition to the approval of the construction documents, the city requires the issuance of a building, permission to work in the right-of-way, or when applicable, a permission to place private improvements in the right-of-way permits for most development and construction activities.

An infill development application, less than 3.4 acres, that complies with the intent and standards of this chapter with existing utilities, requires the least amount of permits.

Maintenance and minor modifications to existing structures may not require the approval of construction documents or the issuance of permits, as determined by the city administrator or their designee, consistent with the authority provided in city ordinances, IBC, or IFC.

Inspections are made for building, electrical, mechanical, plumbing, and place type compliance for residential, commercial and industrial development, and for the remodeling of existing buildings. Water, sewer, paving, concrete, and grading activities also require city inspection.

As part of the development process, all permitted construction activities must be inspected by city staff or designated representatives. The review of plans and issuance of permits do not authorize ordinance violations that may be discovered by city inspectors at the jobsite.

Before any development can be occupied or used, an applicant must apply for a CO. Additionally, all city administrator stipulations must be complied with before the city will issue a certification-of-shell building or a final CO. Typically, within three staff working days of submitting an application, the CO or certification-of-shell building will be issued, provided the development passes a final inspection. The issuance of a CO shall not be construed as an approval of a violation of the provisions of any city code or ordinance.

The city's adopted building code requires certain information to be included on the CO:

The CO stays with the property in perpetuity, even with changes in ownership. If the property ownership changes during construction, documentation of that fact can be submitted, and a change made to the permit. Refer to the city's building code and amendments for additional information.

Incorporate the natural site features, such as natural drainage systems and native vegetation into the site design.

Orient common recreational, patio, outdoor dining, and other such facilities toward natural features.

Incorporate major vistas and view corridors that give special emphasis to the river, tree canopy, and other natural features or open space areas into the site and building design.

Buildings are to be built according to the place type zoning ordinance. This chapter ensures intensity transitions by place type and building type. Buildings should represent their function in design.

Minimum building materials are established by the International Building Code (IBC), as adopted by the city.

Buildings interacting with the public realm should enhance the public spaces they abut and face.

Approve the plan if the response adequately addresses each reason for the disapproval; or

Disapprove the plan if the response does not adequately address each reason for disapproval or creates new reasons for a violation of a city ordinance. Any disapproval shall include a written statement of the reasons for disapproval that clearly articulates the reason for disapproval including citation to the law, including a statute or city ordinance that is the basis of disapproval. Any plan that is disapproved after the city has reviewed the response in the form of an amended application may be refiled at any time as a new site plan application.

Any nonresidential development;

Any nonresidential P4 development, all P5 developments, or manufactured/mobile home park;

Any property with two (2) or more buildings per platted lot; and

As used in this section, the term "improvements" shall also include alterations made to land only, such as paving, filling, clearing, or excavating. As used in this section, the term "significant enlargement or alteration" shall mean the construction of structures, or the alteration of land, if such construction or alteration impacts or potentially affects other existing or future land uses, including those on adjacent or nearby land.

The site plan must be prepared by a licensed and registered professional land surveyor, a professional land planner, architect and/or a licensed professional engineer.

No building permit shall be issued for any of the above developments unless a site plan is first approved by the city. No certificate of occupancy shall be issued unless all construction and development conform to the site plan, as approved by the city.

The fee for a site plan is set forth in adopted fee schedule.

For the purpose of these regulations, the "official filing date" shall be the date upon which a submission for approval for a site plan, that contains all required elements mandated by city ordinance, is deemed complete by the city.

To be considered complete, the application must contain all elements and information required, including all related fees. It is only after the official filing date that any statutory period required for approval or disapproval of the site plan shall commence to run.

No application shall be deemed officially filed until after the city administrator determines that the submission is complete.

A site plan submittal shall include all items listed on the site plan checklist, provided by the city in order to be considered a complete submittal after an administrative completeness review by the city.

All submittals shall be delivered to city hall.

If the city staff determines that a submittal is incomplete during the administrative completeness review, then the incomplete submittal will not be accepted for filing.

The applicant shall be required to submit a fee in accordance with the adopted fee schedule for the completeness review. If the application is deemed incomplete, the applicant shall be required to submit a new fee for completeness review with the next application submittal.

Any requested variance or warrant must be submitted for approval and approved prior to submission for a request for a site plan. If the site plan requires a variance or warrant, and one has not been approved, the site plan shall be denied until such time the need for the variance or warrant is removed or the variance or warrant is submitted and approved.

Site plans cannot be approved until the final plat is recorded.

Site plans must be prepared by a licensed and registered professional land surveyor and/or a licensed professional engineer, architect, or planner.

Building permits will not be issued for any development until the site plan is approved.

Property taxes must be paid prior to approval of the site plan.

Signs require separate permits - approval of the site plan does not constitute approval of any included sign plans or sign elements.

Signature blocks shall be placed on the site plan. Signature blocks shall also be placed for any additional entities responsible in preparing the site plan. See the site plan checklist for details.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the city. The city staff shall review the site plan for compliance with all applicable ordinances and the comprehensive plan; as a means to assure harmony with surrounding uses and the overall plan for development of the city; as well as for the promotion of the health, safety, order, efficiency, and economy of the city; and for the maintenance of property values and the general welfare.

Based upon its review, city staff may approve, conditionally approve, or deny the site plan based on evaluation of the site plan details based on the items listed on the site plan checklist with respect to:

Landscape design in the private realm must comply with the standards of this section. The maximum height of any shrubs, ornamental plants, boulders, walls, or other such materials within designated sight distances and traffic safety triangles is eighteen (18) inches. For plants, this shall be the natural height of the plant. Any trees that are to be placed in the sight distances and traffic safety triangles shall have a canopy that is kept eight (8) feet above the street height and a maximum mature trunk diameter of eight (8) inches. If the tree canopy overhangs the roadway, then the canopy shall be a minimum of fourteen and one-half (14.5) feet above the road.

Utilize a palette of plants in a landscape design that adhere to native plants. Low water use/drought tolerant plants are encouraged. Plant and tree placement shall consider the natural culture of that type of plant or tree. Trees (or shrubs) shall not be placed in a public utility easement (PUE), emergency vehicle access easement, or their equivalent. Trees shall be placed at least seven (7) feet back from any underground public water or sewer lines, power line conduit, or drainage pipes within a dedicate drainage easement dedicated to the city.

The introduced landscape shall consist primarily of durable species tolerant of soil compaction.

Landscape plans shall be prepared by a landscape architect or professional and submittals shall include the following information:

Prepare all public improvement plans for submittal to city for approval to construct any site requiring grading and drainage, landscape, water, wastewater, and streets according to the following standards.

Include appropriate professional state seal, signature, and date on each sheet. Copies of this information are acceptable on the improvement plans submitted during the review cycles to the city. Original plans are submitted for approval at the end of plan review, the originals shall bear the registrant's seal with a wet signature and date. Except for capital improvement plans, a registered landscape architect is not required to prepare and seal landscape and irrigation plans.

Upon approval of the public improvement plans, an additional plans set may be required for staff signature.

Title: Include the development name and the plan set content.

City name: Below the title, include the city name "City of Bandera, TX."

Vicinity map: Locate the development relative to a minimum of two (2) intersecting arterial streets.

Legal description: Provide development property legal description. When a legal description is not feasible, list the township, range, section, and location.

Benchmark.

Public improvement plan signature blocks.

The applicant will provide the city with the original (4-mil) Mylar drawings or photographic (4-mil) Mylars required for the "record drawings" of construction within all public rights-of-way or easements dedicated to the city.

The engineer representing the applicant shall present to the city engineer, reproducible complete record drawing plans for all paving, drainage structures, and water and sewer lines within thirty (30) days after completion of all contracts and as a condition of final acceptance of the subdivision.

Neighborhood plans are for any development project over 13.6 acres or equal to or larger than a four (4) city blocks. Neighborhood plans are used as the process to create new complete neighborhoods. Each neighborhood will be made of a series of blocks created for a variety of street types, building types, and place types. Before preparing a neighborhood plan, standards in this chapter should be reviewed including chapter 5 - character districts in the comprehensive plan and article 14.10 "development patterns" to ensure the neighborhood complies with standards set forth in those sections.

Neighborhoods include a mix of place types. Different types of neighborhoods have different allocations of place types.

Neighborhood plans using the Traditional Neighborhood Design (TND) pattern may use the downtown Bandera grid blocks as helpful new neighborhood examples. Neighborhood plans in character districts that allow for Cluster Land Development (CLD), or Village Center Development (VCD); may create alternative designs to the block that best integrate with the existing site conditions. For more information on development patterns, see article 14.10, "development patterns."

Creating a neighborhood plan is a three-step process. Specific requirements, standards, and recommendations are outlined in article 14.12, development procedures and plan applications. Additional requirements and recommendations may be determined at the pre-application meeting. The specific standards for an application will be determined at the pre-application meeting. A response will be issued by city administrator to the applicant to summarize the pre-application meeting. The three-step process is as follows on the next page.

See the development application approval process table in section 14.12.002 for the specific new neighborhood plan approval procedure.