The purpose of this Article is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City.

A.

Application Submittal

All development applications to be considered by any advisory body or by the City Council shall be initiated by the filing of the application by the owner of the property on which the permit is applicable or by the owner's designated agent. In the event an application is submitted by a designated agent, the application must be accompanied by a written statement, signed by the owner, authorizing the agent to file the application on the owner's behalf.

B.

Determination of Application Completeness

1.

All development applications shall be subject to a determination of completeness by the director of the appropriate City Department.

2.

No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this UDC. For a determination of completeness to be issued, an application must include the following:

a.

Payment of the appropriate fee;

b.

An accurate mete and bounds description of the subject property (or other suitable legal description, identifying the property as a lot of record);

c.

A survey exhibit and other appropriate exhibits as identified in this Article for the individual permit; and

d.

Any additional documents, forms or other materials required by the City Manager or designee or identified in this UDC for the processing of a specific development application.

3.

The City may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this UDC (i.e. TCEQ or TxDoT Permit approvals).

4.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.

5.

Not later than the tenth (10th) business day after the date (excluding Development Applications which are controlled by Article 20 below herein) an application is submitted, the director of the appropriate City department shall make a written determination via provided email address on application or US Postal Service whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDC for the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by the United States Postal Service at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information are not submitted within forty-five (45) days after the date the application was submitted.

6.

Except for Development Applications which are controlled by Article 20 below herein, an application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11th) business day after the application is received, unless the applicant is notified that the application is incomplete via email or US postal service. The applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in paragraph five (5) above.

7.

The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application shall be deemed to expire for incompleteness on the forty-fifth (45) day after the application is considered "filed" if:

1)

The applicant fails to provide documents or other information necessary to comply with the agency's technical requirements relating to the form and content of the permit application;

2)

The agency provides to the applicant not later than the tenth (10 ^th ) business day after the date the application is filed written notice of the failure 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 within the time provided in the notice.

Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted, and the applicable law will be determined on the new submission date.

C.

Application Withdrawal

Any request for withdrawal of an application must be submitted in writing to the director of the appropriate City department. If notification is required for the application and has been properly given via publication in the newspaper and/or written notification to surrounding property owners, such application must be placed on the agenda. The staff representative shall notify the advisory body or the City Council of the request for withdrawal. The advisory body or the City Council may, at its discretion, accept the request for withdrawal of the application by general consent of the members. Application fees are not refundable unless reimbursement is otherwise authorized by the director of the appropriate City department.

A.

Published Notice

Whenever published notice of a public hearing before an advisory body or City Council is required, the City Secretary or designee shall cause notice to be published in an official newspaper or a newspaper of general circulation in the City before the fifteenth (15th) day before the date of the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing.

B.

Written Notice

Whenever written notice of a public hearing before an advisory body or the City Council is required, before the fifteenth (15th) day before the hearing date, the City Secretary or designee shall cause written notice to be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the exterior boundary of the property in question. Said notice shall set forth the date, time, place and purpose of the hearing. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property in question is located in territory within the City and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one (1) publication in an official newspaper or a newspaper of general circulation in the municipality at least fifteen (15) days before the date of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

A.

Public Hearing Required

When a public hearing is required, the City Secretary or designee shall establish the date, time and place of the public hearing and shall cause any notice required by this UDC and the Texas Local Government Code.

B.

Conduct of Hearing

Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state their name, address, and if appearing on behalf of an organization, state the name and mailing address of the organization for the record. Subject to the chairperson's inherent authority to conduct meetings, public hearings shall generally be conducted as follows:

1.

The City staff may present a description of the proposed project and a written or oral recommendation. Any written recommendation shall be available to the public at the time that the agenda packet for the body conducting the hearing is compiled.

2.

The applicant may present any information it deems appropriate.

3.

Testimony in support of the application may be presented by any individual who expresses an interest in the proposed project.

4.

Testimony in opposition to the application may be presented by any individual who expresses an interest in the proposed project.

5.

At the discretion of the chairperson, the City staff and the applicant may respond to any statement by the public.

6.

The body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious.

7.

At the discretion of the chairperson of the body conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing.

8.

The public hearing shall be closed.

9.

The advisory body shall make a recommendation.

10.

A written report with its recommendations to the City Council shall be prepared.

C.

Continuance of Hearing

The body conducting the hearing may, on its own motion or at the request of any person, for good cause, continue the hearing to a fixed date, time and place. Except as required by the Texas Open Meetings Act, or any other applicable law, additional notice shall not be required if a hearing is continued. Once a public hearing is closed, no further public testimony shall be taken.

D.

Additional Rules

The body conducting the hearing may adopt additional rules of procedure, or by-laws, and apply such rules to govern the public hearing. If by-laws are not adopted, Robert's Rules of Order will govern the conduct of all meetings and hearings.

E.

Joint Public Hearing

Unless otherwise prescribed in this UDC, whenever an application must be preceded by a public hearing both before an advisory body and before the City Council, the advisory body and the Council may conduct a joint public hearing and take action on the application in the following manner.

1.

The City Council shall establish the date of the joint public hearing by motion at a regular or special meeting.

2.

The City Council shall cause notice of the joint public hearing to be provided as required by this UDC and the Texas Open Meetings Act and, by a vote of two-thirds of its members, may prescribe the type of notice for the joint public hearing.

3.

The advisory body and the City Council shall be convened for the hearing and for any action to be taken on the petition or application.

4.

The advisory body and the City Council may act on the application at the same meeting, provided that the City Council shall not act until the written report and recommendation of the advisory body has been received.

A.

Notification Required

Within ten (10) business days following final action on any development application, the appropriate City Department shall provide written notification to the applicant of the decision. If an application has been denied, the notification should include the reasons for denial as well as any information relating to reapplication procedures for the appropriate application.

B.

Reapplication Following Denial

Whenever any development application, with the exception of any plat application, is denied, a development application for all or a part of the same property shall not be accepted for filing for a period of six (6) months after the date of denial unless the subsequent application involves a proposal that is substantially different from the previously denied proposal. For the purpose of this section, a request may be considered substantially different if the change is to a different zoning classification, there is a change in conditions relating to zoning principles of the property or surrounding properties or there is a change in the nature of the development of the property or surrounding properties. The City Manager or designee shall resolve any questions concerning the similarity of the reapplication. The final decision-maker may, at its option, waive the six (6) month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

C.

Amendments and Revisions to Approved Application

Unless otherwise expressly provided by this UDC, any request to amend or revise an approved development application shall be considered a new application, which must be decided in accordance with the procedures governing at the time such new application is filed with the City.

A.

Applicability

The City Council may, from time to time, on its own motion, by request of the City staff, or by application from a property owner, may amend, supplement, change, modify or repeal the text of the Comprehensive Master Plan or may amend the boundaries shown on the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Master Plan.

B.

Application Requirements

1.

Application Required

Any request for an amendment to the Comprehensive Master Plan shall be accompanied by a completed Planning and Engineering Services Department Development Application.

2.

Accompanying Applications

Any request for amendment of the Future Land Use Map submitted by a property owner may be accompanied by an application for a zoning change consistent with requested Future Land Use Map amendment for land within the City Limits.

C.

Processing of Application and Decision

1.

Submittal

An application for an amendment to the Comprehensive Master Plan shall be submitted to the Planning and Engineering Services Department with the appropriate application fees. The City shall review the application for completeness in accordance with this UDC. The City Manager or designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or designee shall forward a written recommendation to the Planning and Zoning Commission for consideration.

2.

Commission Recommendation

The Planning and Zoning Commission shall hold a public hearing, consider the proposed amendment and make a written recommendation regarding a proposed amendment to the Comprehensive Master Plan to the City Council.

3.

Decision by City Council

The City Council shall hold a public hearing, receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment and act on the request.

D.

Criteria for Approval

In considering an amendment to the Comprehensive Master Plan, the following criteria should be considered:

1.

The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;

2.

An amendment to the text is consistent with other policies of the Comprehensive Master Plan, taking into account the nature of any proposed map amendment associated with the text amendment;

3.

An amendment to the Future Land Use Map, Master Thoroughfare Plan or any other applicable maps contained in the Comprehensive Master Plan is consistent with the policies of the Comprehensive Master Plan that apply to the map being amended, taking into account the nature of any proposed land use associated with the map amendment;

4.

Any proposed amendment is consistent with the goals and objectives of the Comprehensive Master Plan;

5.

Any proposed amendment addresses circumstances that have changed since the last time the plan map or text was considered, implements plan policies better than the current plan map or text corrects a mapping error or addresses a deficiency in the plan; and

6.

Such criteria, that City Council finds, in its legislative discretion, to have a substantial relationship to the public's health, safety and general welfare. In utilizing the criteria stated in this subsection, City Council may consider the recommendation of the Planning and Zoning Commission; and shall direct that any written decision to amend the Comprehensive Master Plan based, in whole, or part, on the criteria stated in this subsection shall include a written description of the specific criteria utilized.

A.

Applicability

The provisions of this section apply to any request for an amendment to the UDC, apart from zoning and subdivision regulations. The City Council may, from time to time, on its own motion, or at the request of the City staff, amend, supplement, change, modify or repeal the text of any portion of this UDC in order to establish and maintain sound, stable and desirable development within the jurisdiction of the City. The provisions of this section shall exclude amendments to any appendix adopted as a part of this UDC, or by reference, which may only be amended by general consent of City Council.

B.

Application Requirements

Requests for amendments to the text of this UDC may be initiated by the request of the Planning and Zoning Commission, the City Council or the City Manager.

C.

Processing of Application and Decision

1.

Submittal

An application for an amendment to the text of this UDC shall be submitted to the City Manager or designee. The City Manager or designee shall review the application and may direct the proposed amendment to any other City Departments or consultant for review and recommendation. After appropriate review, the City Manager or designee shall forward a recommendation to the Planning and Zoning Commission for consideration.

2.

Commission Recommendation

The Planning and Zoning Commission shall hold a public hearing and make a written recommendation regarding a proposed amendment to the text of this UDC to the City Council.

3.

Decision by City Council

The City Council shall receive the written recommendation of the Planning and Zoning Commission regarding a proposed amendment to the text of this UDC and shall hold a public hearing and act on the request.

D.

Criteria for Approval

The following criteria should be considered in consideration of a proposed amendment to this UDC:

1.

The proposed amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;

2.

An amendment to the text is consistent with other policies of this UDC and the City;

3.

Any proposed amendment is consistent with the goals and objectives of this UDC and the City; and

4.

Other criteria which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment.

E.

Non-Substantive Amendments

Notwithstanding the other provisions of this section, the City Council may by resolution correct spelling or punctuation errors, cross-reference errors, and other matters herein determined by the City Attorney to be non-substantive without complying with the foregoing provisions of this section. The number of any such resolution shall be noted on the cover of this UDC.

A.

Applicability

Annexation may be voluntary or involuntary and shall be required to meet all requirements of the Texas Local Government Code (TLGC) for each type of annexation. The provisions of this section apply to any request for voluntary annexation by a property owner wishing to extend the corporate limits of the City to incorporate property adjacent to the City's existing municipal boundaries.

B.

Application Requirements

1.

Application Required

A request for annexation shall be accompanied by an application.

2.

Accompanying Applications

Any request for annexation shall be accompanied by an application to establish the initial zoning on the property. An application to establish the zoning may be considered at the same meeting as the annexation request so long as the ordinance providing for annexation is acted on prior to any action on the zoning request. In the event that an application for annexation is considered concurrently with the application for zoning, the Planning and Zoning Commission may consider the zoning request and provide a written recommendation to the City Council so long as the City Council has adopted the annexation ordinance.

3.

Processing of Application and Decision

a)

Submittal

An application for annexation shall be submitted to the City Manager or designee. The City Manager or designee shall review the application for completeness in accordance with this UDC and the Texas Local Government Code. The City Manager or designee may, at its option, request a recommendation from any other City Department or consultant. The City Manager or designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the City Manager or designee shall forward a written recommendation to the City Council for consideration.

b)

Compliance with TLGC and City Charter

A request for annexation is subject to all applicable rules and procedures required by State Law. In the event of a conflict between the requirements of this UDC and State law, the requirements of State law shall apply.

It is the expressed policy of the City Council to not annex properties that would need to be included in a 3-Year Annexation Plan, as defined in TLGC Section 43.052 (Subchapter C). By virtue of this policy, the Annexation Plan requirements of TLGC Section 43.052 (Subchapter C) are not applicable because the City has not specifically identified any annexation(s) where the provisions of TLGC 43.053 (Chapter C) would be applicable.

D.

Criteria for Approval

When considering a request for voluntary annexation, the City Council should consider the following criteria:

1.

The application is consistent with the requirements of State law and this UDC;

2.

The annexation promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City;

3.

The property owners and residents of the area consent to the annexation;

4.

The application includes a service plan as required by TLGC;

5.

The annexation is consistent with the goals and objectives of the Comprehensive Master Plan; and

6.

Other criteria which, at the discretion of the City Council, are deemed relevant and important.

A.

Applicability

The purpose of a Development Agreement is to determine whether the City wishes to authorize a plan of development for land located within its ETJ, to prescribe land uses, environmental standards, development standards and public facilities standards governing development of the land for the term of the agreement, to provide for the delivery of public facilities to the property and to provide for annexation of the property to the City. A Development Agreement may be approved for land located in the ETJ of the City.

B.

Application Requirements

1.

Application Required

When applicable, an application for a Development Agreement shall be accompanied by a development application and any required application fees.

2.

Accompanying Applications

An application for a Development Agreement shall be accompanied by a Preliminary Plat prepared in accordance with this UDC. Approval of a Preliminary Plat as part of a Development Agreement shall meet the requirements for Preliminary Plat approval specified in this UDC.

C.

Processing of Application and Decision

1.

Submittal

An application for a Development Agreement shall be submitted to the City, which shall review the application for completeness in compliance with the requirements of this UDC.

2.

Preparation and Negotiation of Development Agreement

An application for a Development Agreement shall be prepared in accordance with the TLGC. After review by the City staff, the application and accompanying plans shall be transmitted to the office of the City Attorney for review. After appropriate review, a recommendation shall be forwarded to the Planning and Engineering Department for negotiations on recommendations.

3.

Final Approval

Upon the completion of negotiations of a development agreement, the development agreement shall be submitted to the City Council for approval.

A.

Applicability in the City of Cibolo Extra-Territorial Jurisdiction (ETJ)

1.

Application Required.

When a property owner requests the extension of/connection to water or wastewater services from the City into the Cibolo ETJ for the purpose of providing utilities to a development project, said request shall only be considered by the City in conjunction with a development application and concurrent request for voluntary annexation into the City. Development applications must be prepared in accordance with all requirements of this UDC and must be consistent with the capacity of the facilities proposed to be extended. Upon approval of the development applications, construction of utility facilities shall be completed in accordance with the terms of the approved utility service extension request and this UDC.

2.

Decision by City Council.

In considering the concurrent requests for a service extension/connection and voluntary petition for annexation, the City may, at its sole option, elect to annex the property upon request or delay the annexation until such time the City deems necessary to promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City.

B.

Applicability in the City of Cibolo

1.

Application Required

Any application for Utility Service Extension shall be accompanied by a Development Application, as may be applicable.

2.

Accompanying Applications

An application for Utility Service Extension/Connection may be accompanied by a concurrent application for a Preliminary Plat or site plan, in accordance with this UDC. A plat or site plan may not be approved until final approval of the Utility Service Extension by the City Council.

3.

Processing of Application and Decision

a)

Submittal

A request for Utility Service Extension/Connection shall be submitted to the City Engineer. The City Engineer shall review the application for completeness in accordance with all requirements of this UDC.

b)

Review and Processing of Request

The City Engineer shall circulate the application among applicable City Departments for review and recommendation. The City Engineer shall evaluate the request for consistency with the approval criteria and shall prepare a written recommendation to be forwarded to the City Council. The recommendation should include any comments received from other departments including, but not limited to, an analysis of the financial feasibility of extending services and any fiscal impacts on existing utilities from the extension.

c)

Decision by City Council

The City Council shall receive the written recommendation of the City Engineer and shall decide whether to approve, approve with conditions, or deny the request for Utility Service Extension/Connection.

4.

Criteria for Approval

The City Council, in considering final action on a request for Utility Service Extension/Connection, should consider the following criteria:

a)

The proposed development to be served is consistent with the Comprehensive Master Plan;

b)

The proposed extension must be constructed in accordance with all applicable City requirements;

c)

Would the utility extension/connection compromise the ability of the City to provide adequate and timely water or wastewater facilities to property inside the City;

d)

Would a utility extension/connection result in premature development that cannot be served efficiently by the City;

e)

Would the utility extension/connection be financially feasible given the proposed means of financing the extension;

f)

Would a utility extension/connection lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that may be served through the extended facilities;

g)

Does the property owner propose to extend non-City utilities to serve the property; and

h)

Would the proposed agreement promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City;

5.

Required Extensions

a)

All developments shall be required to extend water and sanitary sewer mains across the full width of the development, as defined by the plat or lot of record or the site plan in which development is proposed, in such an alignment to allow for the extension of services to adjoining properties in accordance with the utility service plans of the city and the Cibolo Design and Construction Manual.

b)

Properties with existing water and/or sanitary sewer service shall not be required to install additional facilities unless the existing lines do not have adequate capacity to serve the proposed development or unless the existing lines do not have adequate capacity to serve the zoning of a property that was rezoned to accommodate higher intensity uses after the original installation of a water or sewer line. In either instance, the developer shall be required to provide additional water and/or sewer capacity necessary to meet the requirements of this UDC and the Cibolo Design and Construction Manual.

6.

Cost Policies to New Subdivisions and New Development

a)

Development Main and Facilities

Developers, including individuals and subdividers, shall be responsible for actual cost of all water and sewer main extensions, lift stations or other necessary facilities required to serve their development in accordance with the Cibolo Capital Improvements Program and Cibolo Design and Construction Manual.

b)

Oversized Mains

The City shall participate in the oversizing of water and sewer mains subject to the availability of funds and approval by City Council. Oversized mains are defined as water mains and sanitary sewer mains that are required by the City for the future expansion of the utility system, but which additional capacity is not required for the proposed development project.

c)

Authority to Extend Utilities

The City Manager may approve an extension of existing city water and sanitary sewer facilities if the extension is at or less than 600 feet, provided that funds are available and that the said extension addresses long term goals of the City to expand its utility service facilities and network. Service extensions longer than 600 feet shall only be permitted upon the approval of City Council.

d)

Request to Connect to City Utilities Required

It shall be the policy of the City Council to require that all developments located within the City request City water and sanitary sewer service. If a development is in the CCN boundaries of another utility purveyor, the applicant shall invoke applicable state statutes, as amended, and formally request that the City provide utility service(s). The City shall determine, upon receiving a formal request in writing or by a plat submittal, if the City can provide the requested utility service(s) to the development.

e)

Compliance with Fire and Building Codes Required

It shall be the policy of the City Council to require all utility purveyors providing utility service within the City to comply with all applicable City Fire and Building Codes, as amended, by the date in which a service connection is requested. If a utility provider cannot supply utility services in accordance with the City Fire and Building Codes, as amended, on the date in which said utility service is requested, the City reserves the right to provide said utility service if the City has the ability to provide said service in accordance with the City Fire and Building Codes, as amended.

A.

Purpose

The purpose of an appeal is to contest an initial decision on a Development Application other than zoning based upon alleged misapplication of the regulations contained within this UDC and the criteria for approval of the Development Application. An appeal may not be used to amend, vary or otherwise modify the standards of this UDC that apply to the Development Application. Any decision on a Development Application required by this UDC may be appealed to the Board, Commission or the City Council indicated within the procedures for each Development Application. The granting of an appeal supersedes the decision from which the appeal was taken and results in approval, conditional approval or denial of the Development Application for which the approval was sought.

B.

Appeal Requirements

Any person or persons aggrieved by any decision on a Development Application other than zoning may appeal a decision on a Development Application to the advisory body or the City Council responsible for consideration of the appeal as indicated in this UDC. An appeal shall contain a written statement of the reasons why the decision is erroneous and shall be accompanied by a fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the Development Application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. A written appeal must be filed with the City Manager or designee within ten (10) business days after the date of notification of the decision on the Development Application.

C.

Processing of Appeal and Decision

1.

Submittal

An appeal shall be submitted to the City Manager or designee for processing of the Development Application being appealed. Upon receipt of a written appeal, the City Manager or designee shall compile all documents constituting the record of the decision subject to appeal and transmit the record to the Board, Commission or the City Council responsible for considering the appeal.

2.

Stay of Proceedings

Receipt of a written appeal of a decision on a Development Application stays all proceedings of the City in furtherance of the decision from which appeal is taken, including without limitation acceptance, processing or issuance of any subsequent Development Applications, and any development activities authorized by initial approval of the Development Application. The stay shall be lifted only if the City Manager or designee certifies in writing to the advisory body or the City Council responsible for consideration of the appeal that a stay would cause imminent peril to life or property. Thereafter, the stay may be reinstated only by order of the advisory body or the City Council responsible for consideration of the appeal or a court of record, on application, after notice to the City Manager or designee, for due cause shown.

3.

Notification Requirements

Legal Notice of an appeal shall be required only in those instances where Legal Notice was required by the TLGC as a requirement of the original application for which the appeal is being requested.

4.

Decision on Appeal

The advisory body or the City Council responsible for consideration of the appeal shall hold a public hearing and decide the appeal within thirty (30) days after written receipt of the request for the appeal. The advisory body or the City Council responsible for consideration of the appeal shall affirm, reverse or modify the decision from which the appeal was taken.

5.

Notification of Decision on Appeal

The property owner and the applicant for the Development Application under appeal shall be notified of the decision on the appeal in accordance with this UDC.

D.

Criteria for Approval

In deciding the appeal, the body responsible to consider the appeal shall apply the same criteria that govern the initial decision on the Development Application under the provisions of this UDC.

E.

Expiration and Extension

1.

For purposes of determining expiration or extension periods under this UDC, the date in which the body considering the appeal grants relief is the date on which the Development Application is deemed to be approved.

2.

Once relief is granted, a new Development Application or permit application shall be submitted within 180 days of the date of such approval or the appeal shall become null and void.

3.

When applicable, disapproval of an appeal shall require compliance by the applicant within fifteen (15) business days of the date of disapproval.

A.

Applicability

Every subdivision or development which requires the installation of public infrastructure improvements to serve the proposed subdivision or development is required to submit construction plans to ensure that the required improvements are constructed in accordance with all applicable standards of this UDC or any other codes of the City pertaining to the construction and installation of the improvements. All public infrastructure improvement construction plans shall be submitted and approved prior to an application for a Final Plat. For any final plats in the ETJ that involve public infrastructure for water or wastewater utilities that are intended to be serviced by an entity separate from the City of Cibolo, the City shall be provided a letter from the service provider affirming that the service provider has reviewed and approved all associated public infrastructure improvement construction plans necessary to be constructed to provide adequate water or wastewater services. Timeframes of said infrastructure improvements shall be expressly provided as part of the application package that is reviewed by the City prior to approval of a final plat.

B.

Application Requirements

Any request for an approval of construction plans shall be accompanied by an application prepared in accordance with the requirements of the UDC, Cibolo Design and Construction Manual and City Engineer. This UDC and the City Engineer shall determine the form and content of the construction plans.

C.

Processing of Application and Decision

1.

Submittal

Construction plans shall be submitted to the City prior to an application for Final Plat. If construction plans are submitted with an application for Preliminary Plat, the City is not obligated to approve Construction Plans prior to taking action on a Preliminary Plat. The City shall transmit the plans to the City Engineer and appropriate City staff and consultants for review. The City Engineer shall provide written notification of any items requiring correction or attention within thirty (30) days after a "complete" submittal of construction plans as required under Article 20.3.1.C.

2.

Decision by the City Engineer

The City Engineer is responsible for the final approval of any construction plans and may approve, approve with conditions, or deny said construction plans. Once the construction plans are approved, the property owner shall provide additional sets of the approved plans to the City, as required by the City Engineer, for use during construction. A full set of the City-approved and stamped construction plans must always be available for inspection on the job site.

3.

Revisions to Construction Plans

If the conditions of approval require revision(s) to the construction plans, one (1) set shall be marked with objections noted (on the plans themselves and in memo format) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and resubmit them for decision. A properly revised set of construction plans shall be submitted to the City Engineer. The City Engineer shall approve or deny the revised set of plans.

4.

Appeals

Any person or persons aggrieved by any decision of the City Engineer may appeal the decision of the City Engineer to the City Council and shall be decided prior to action on a Final Plat. An appeal of the City Engineer decision must be accompanied by a written statement regarding the grounds for appeal and shall be certified and documented by a professional engineer licensed in the State of Texas.

D.

Criteria for Approval

When considering final action on public infrastructure improvement construction plans, the City Engineer, or the City Council on appeal, should consider the following criteria:

1.

The plans are consistent with the approved preliminary plat or the proposed final plat;

2.

The plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements and the Cibolo Design and Construction Manual;

3.

The plans have been reviewed and approved by the City Engineer; and

4.

All plans and surveys shall be completed and sealed in accordance with all requirements and standards of the Texas Board of Professional Engineering and Texas Board of Professional Land Surveying.

E.

Timing of Public Infrastructure Improvement Construction

1.

Completion Prior to Final Plat Recordation

After approval of a preliminary plat and prior to recordation of an approved final plat, the installation of all public infrastructure improvements required to serve the subdivision, whether to be located off-site or on-site, including but not limited to water, wastewater, drainage, road and park improvements, shall be completed in accordance with the approved public infrastructure improvement construction plans, except as provided in Section 2 below. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall be completed prior to recordation of the final plat in accordance with the approved construction plans.

2.

Installation after Final Plat Approval

The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after final plat recordation, in accordance with Article 20 (Subdivision Regulations) of this UDC. The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. Deferral of the obligation to install public improvements shall be conditioned on execution of a subdivision improvement agreement and sufficient surety to secure the obligations defined in the agreement.

3.

Off-Site Easements

All necessary off-site easements required for installation of off-site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by an instrument approved by the City Attorney.

F.

Security for Completion of Improvements

1.

Security

Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat, the property owner shall provide sufficient security to ensure completion of the required public improvements, in accordance with Article 20 (Subdivision Regulations) of this UDC. The security shall be in the form specified by this UDC.

2.

Amount and Acceptability

The security shall be issued in the amount of one hundred and twenty-five (125%) percent of the cost estimate approved by the City Engineer and Director of Public Works for all public improvements associated with the subdivision. The terms of the security agreement shall be subject to the approval of the City Attorney.

3.

Building Permits

No building permit shall be released until all public improvements within the development have been accepted by the City.

4.

Remedies

Where a community facilities agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may:

a)

Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;

b)

Obtain funds under a security and complete the improvements itself or through third party;

c)

Assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public improvements serving the tract.

G.

Inspection and Acceptance of Public Improvements

1.

Inspections

Construction inspection shall be supervised by the City Engineer and Public Works Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be made by the subdivider's engineer and shall be subject to approval by the City Engineer. If the City Engineer and Public Works Director find, upon inspection, that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, the property owner shall be responsible for completing and/or correcting the public improvements.

2.

Submission of As-Built Plans or Record Drawings

The City shall not accept dedication of required public improvements until the applicant's engineer has certified to the City, through submission of detailed "as-built" record drawings and survey plat of the property and any off-site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved construction plans. Each "as-built" sheet shall show all changes made in the plans during construction and on each sheet, there shall be an as-built stamp bearing the signature of the engineer and date. "As-built" items required are as follows:

a)

Two (2) sets of full size "approved construction plans" and "as' built" plans;

b)

Electronic (digital) copies of all plans in GIS, CAD .dxf or .dwg format and .pdf format;

c)

Design Engineer's Certificate of Review;

d)

Letter with guaranties and costs of all infrastructure being dedicated to the City to include information regarding linear feet of streets, public drainage, sewer lines and water lines;

e)

Two (2) true and correct copies of field density tests, material source tests and geotechnical reports; each certified by a recognized testing laboratory and PDF's of the same on CD/DVD;

f)

A DVD and complete log of the televised inspection(s) of sewer lines; and

g)

Acceptance letters from all applicable utility providers.

3.

Acceptance of Improvements

When the City Engineer determines that public improvements have been installed in accordance with the approved construction plans, the City Engineer shall recommend acceptance of such improvements on behalf of the City. Acceptance of improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. The City may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all the other improvements. Upon acceptance of the required public improvements, the City shall certify to the property owner that public improvements have been satisfactorily completed.

4.

Disclaimer

Approval of a preliminary or final plat by the City shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the City except in accordance with this UDC.

5.

Stop Work Order

a)

Authority.

Whenever any duly authorized agent of the City determines that any work regulated by this UDC is being installed or completed in a manner contrary to the provisions of this UDC or any other applicable City Code, contrary to approved Construction Plans, or in a dangerous or unsafe manner, the City is authorized to issue a stop work order immediately and to not allow work to progress until the issue(s) that resulted in the stop work order is/are remediated at the expense of the developer.

b)

Issuance.

The stop work order shall be in writing and shall be given to the owner of the property involved; or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

c)

Emergencies.

Where a verifiable emergency exists, the City shall not be required to give a written notice prior to stopping the work.

d)

Failure to Comply.

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to the fines and penalties prescribed by Article 1 of this UDC.

H.

Maintenance and Warranty of Improvements

1.

Maintenance during construction

The developer shall maintain all required public improvements during construction of the development.

2.

Bond

The developer or owner shall covenant to warranty the required public improvements for a period of 18 months following acceptance by the City of all required public improvements and shall provide a bond in the amount specified below:

•

All improvements located within an easement or right-of-way shall be bonded.

•

Preliminary Acceptance: A maintenance bond of twenty-five (25%) percent, with a minimum amount of $25,000, of the costs of the improvements for such period;

•

Final Acceptance; A warranty bond of ten (10%) percent, with a minimum amount of $25,000, of the cost of the improvements for such period;

(Ord. No. 1380, § 2, 9-27-2022)

A.

Applicability

An application for a building permit is required within the City corporate limits, or where provided for in a Development Agreement in the City ETJ, prior to the placement, construction or alteration of a building or structure. Approval of an application for a building permit authorizes the property owner to construct, alter or place a structure on the lot, tract or parcel. Approval of the building permit authorizes the property owner, upon completion of a structure, to make application for a Certificate of Occupancy.

B.

Provisional Field Permits

Upon an affirmative finding by the City Engineer that required public improvements have been completed in accordance with this UDC and the Design and Construction requirements of the City, the Planning and Engineering Director may authorize the issuance of Provisional Field Permits to allow the issuance of building permits. Provisional Field Permits shall be issued "at risk" to the developer and does not preclude the City Council from denying, or deferring, Preliminary Acceptance, upon the discovery of any defect in the public improvements after the issuance of any provisional field permit. Provisional Field Permits shall be subject to all regular permitting requirements. Certificates of Occupancy shall not be issued until Preliminary Acceptance of all public improvements is granted by City Council.

C.

Application Requirements

Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the Building Inspections Division. The Planning and Engineering Director or designee shall be responsible for determining the form and content of the building permit application.

D.

Processing of Application and Decision

1.

Submittal

An application for a building permit shall be submitted to the Building Inspections Division, who shall review the application for compliance with all adopted building codes and regulations.

2.

Decision by the Planning and Engineering Director.

The Planning and Engineering Director or designee may approve, approve with conditions, or deny the building permit.

3.

Appeals

Any person or persons aggrieved by any decision of the Planning and Engineering Director or any officer, department, or board of the City may appeal the decision to the Planning and Zoning Commission and/or City Council, as specified in this UDC, unless the cause for the permit denial relates to a zoning related sections of this UDC; in which case the appeal shall be made to the Board of Adjustment.

E.

Criteria for Approval

The following criteria shall be used in deciding the application for a building permit:

1.

The application generally conforms to all prior approved development applications for the property and any variance petition authorizing variation from the standards otherwise applicable to the permit;

2.

The location of the structure is in accordance with all prior approved development applications;

3.

Construction plans conform to all applicable construction codes, as amended, adopted by the City;

4.

All applicable fees, including impact fees, have been paid;

5.

A final plat of the property has been recorded in the appropriate County plat records; and

6.

Required public infrastructure has been installed and accepted by the City.

A.

No vacant land shall be occupied or used except for agricultural purposes unless otherwise authorized by this UDC and no building hereafter erected or structurally altered shall be used or occupied until a certificate of occupancy has been issued by the Building Official of the City stating that the building or proposed use thereof complies with the provisions of this ordinance and all other existing building and sanitation ordinances.

B.

No non-conforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Building Official of the City.

C.

Application for a certificate of occupancy shall be made in writing coincident with the application for a building permit, or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five (5) business days after the Building Official has been notified that the building or premises is ready for occupancy.

D.

The Building Official shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

E.

No permanent water, sewer, electrical or gas utility connections shall be made to the land, building, or structure until and after a certificate of occupancy has been issued by the Building Official of the City.

F.

Upon request of the owner or authorized representative, the Building Official may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary certificate may be issued for a period not exceeding six months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners relating to the use or occupancy of the premises, or in any other matter covered by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions.