Legislative applications prior to final decisions on all other applications;

Quasi-judicial applications prior to final decisions on subdivision or administrative applications;

Subdivision applications prior to final decisions on administrative applications; and

Applications within the same category as section 28-7-3, table of permits and approvals, assign priority.

The responsible official shall promulgate and periodically revise forms for each type of application required by this CDO.

Application forms shall include specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:

The administrator shall review all development review submittals for completeness.

The administrator shall deem complete a submittal that contains:

The contents of the submittal are accurate or that they comply with the standards of this CDO;

The application will receive a positive recommendation or final decision from the applicable administrative body; or

During the review, additional clarification or information will not be needed.

If the administrator determines a submittal not to be complete, the administrator shall:

If the missing or incomplete items are not submitted within the ten-day period, then the administrator shall deem the application rejected, shall not accept the application for filing, and shall make the submittal and application fee available to the applicant for retrieval. After the administrator rejects an application, a new application and fee shall be required if the applicant wishes to apply again.

Incomplete or rejected applications are not considered "filed" or "submitted" for the purposes of V.T.C.A., Texas Local Government Code (TLGC) Chapter 212, TLGC Chapter 245, or for any other purpose.

Review the application and provide comments to the applicant, which may include required revisions;

Review and make a final decision on the application; or

Distribute the application to the appropriate administrative body or outside agency, including, but not limited to, utilities and school districts, for recommendation or final decision.

During the application review, the administrator may provide comments from administrative bodies, where applicable, to the applicant. The applicant shall revise and resubmit the application with requested changes.

Upon receipt of the resubmittal, the administrator may refer the application to agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments, or require the agency's technical expertise for appropriate review.

If the application is for a review procedure addressed in division VII-3, administrative applications, then the city staff member denoted in table 28-7-14, summary of procedures table, shall approve, conditionally approve, or deny the application, as appropriate. Applications receiving approval may subsequently undergo the processes established in section 28-7-9, inactive applications.

If according to table 28-7-10, required notice, the application requires a public meeting or public hearing prior to a final decision, then the applicable city staff member shall forward a recommendation to the next administrative body who will consider it for further recommendation or final decision.

An unapproved application becomes inactive after 45 days from receiving review comments if the applicant fails to completely address the city's comments and allow further processing of the application, unless the administrator determines that the applicant is actively pursuing action to address such comments. If the administrator makes such determination, then the application will become inactive 90 days after the date of receipt of the comments if the applicant fails to completely address the comments.

Inactive applications will automatically expire and become null and void without further notice 30 days after the date when they became inactive if the applicant fails to take action or to request an extension of time.

Prior to the expiration of an inactive plat, the application may be extended for up to six months upon written request of the applicant for cause only; and

If the city amends this chapter or adopts other regulations during the period of time when the application was inactive, the application shall:

An inactive application shall expire after a six-month extension lapses and if an extension was not requested.

All public hearings shall be open to the public except as otherwise provided in V.T.C.A., Texas Local Government Code (TLGC) Chapter 551, Open Meetings. However, not all decisions require public hearings.

When required, shall be provided by publication in accordance with the requirements of the TLGC, Chapter 211.

When required, mailed notice shall be provided to each owner, as indicated by the most recently approved municipal tax roll of real property.

Table 28-7-10, required notice, sets out the specific notice requirement for each type of application where notice is required.

If the requirements of this CDO conflict with the requirements of the TLGC, the stricter requirement shall prevail.

Notice shall be published in an official newspaper of general circulation in the city as provided by state law.

The notice shall be in written form and sent to all owners of real property and shall be:

One sign shall be placed for each 200 feet of frontage along a public street, with a maximum of two signs required per frontage;

Signs shall be posted no more than 15 feet from the public right-of-way;

Signs shall be eight feet long by four feet tall;

Lettering on the signs must use a font that is readily legible and as large as possible given the amount of text necessary to fit on the sign; and

Where the land does not have frontage on a public street, signs shall be posted on the nearest public street with an attached notation indicating the location of the land subject to the application.

Published and mailed notices shall provide at least the following information:

Signs posted for a public hearing shall at least indicate the action proposed to be taken, the contact point for additional information, and the date, time and place of the public hearing.

For all matters properly brought before the city council or the planning and zoning commission, the city shall select a reasonable time and place for such hearing provided; however, that such time shall be no later than 45 days following the submission of a complete application per section 28-7-6, application completeness.

Elected and appointed administrative bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:

An applicant or representative is not required to attend the public hearing at which the subject application is to be considered; however, failure on the part of the applicant or representative to appear at a properly noticed public hearing may constitute grounds for a continuance on a certain new date or closing of the public hearing with public re-notification required.

A vote shall be conducted in such manner that the public may know the vote of each person entitled to vote, except when voice votes are authorized.

Except where this CDO or state statutes provide otherwise, official action requires the vote of a majority of the full city council.

In accordance with V.T.C.A., Local Government Code § 211.009, authority of board, official actions of the ZBA require the concurring vote of 75 percent of the number of regular members of the ZBA.

The purpose of a minor plat is to allow for the administrative approval of the subdivision of property into four or fewer lots if the subject property fronts on an existing public street with no need to dedicate new public right-of-way or extend public utilities.

An amending plat is any plat meeting the definition in V.T.C.A., Local Government Code (TLGC) § 212.016.

In determining whether to approve, approve with conditions, or deny a minor or amending plat, the review bodies shall consider the applicable common decision criteria in section 28-7-8, common decision criteria, and the following:

In order to approve a minor plat, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

Applicants may appeal interpretations and decisions made by the building official or administrator under this section to the board of adjustment as provided in section 28-7-34, appeals.

Applicants may request that the board of adjustment approve a variance from any of the applicable architectural design standards in division III-1, building and site design, and in accordance with the criteria for variances in section 28-7-33, variances.

An applicant may propose, and the planning and zoning commission shall consider and approve, disapprove, or approve with conditions, an alternative standard of compliance for any aspect of the architectural design standards if the commission determines that:

A minimum of two copies of full-size, 24 inch by 36-inch plan sets and one electronic format in either PDF or CAD file format shall be submitted and presented in a format typically produced by a registered professional architect. The number of copies submitted shall be eight if review by the planning and zoning commission is necessary.

Elevations of all proposed buildings and other structures viewed from all sides indicating the:

A general plan map for the development site that illustrates the:

Information on proposed materials and other design details relevant to the architectural design standards in this CDO shall be provided to the building official or city manager, with accompanying illustrations as appropriate for:

Compliance with screening requirements related to the architectural design standards, when landscaping is to be installed to satisfy such requirements, shall be demonstrated through the landscaping requirements in section 28-3-23, landscaping requirements, or in accordance with section 28-3-28, screening and fencing if a solid wall is to be installed for screening purposes.

Removal of a sign if the applicant obtains a demolition permit for the structure on which the sign is mounted;

Repaint a sign or to restore a sign to its original condition if the sign otherwise complies with this chapter; or

Periodically change only the letters, numbers or message portion of a lawful sign specifically designed for that purpose.

Construction of single-or two-family residence in an improved subdivision or on an unplatted parcel; and

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

Prior to development of any use or structure other than single-family (excluding manufactured homes), duplex, or townhouse residential development, a site plan shall be approved by the city in accordance with this section.

No development described in subsection (d)(1) above, shall be lawful or permitted to proceed without final site plan approval. A site plan approved as part of a conditional use permit shall be considered a site plan approval.

Prior to the submission of an application for site plan approval, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with and for the purposes as set forth elsewhere in this CDO for pre-application conferences.

If the proposed site plan is determined to be consistent with all applicable provisions of this CDO, the administrator shall approve or conditionally approve the site plan. A determination that all such requirements and provisions have not been satisfied shall result in disapproval of the site plan and notice of such disapproval shall be given to the applicant in writing. Conditional approval must entail corrections or changes that are ministerial and explicitly spelled out.

Safe and convenient traffic control, handling, and vehicle queuing;

Assured pedestrian safety which may include the provision of sidewalks along the perimeter of the property;

Efficient and economic public utilities;

Public road or street access;

Safe and efficient internal access including public, private, or emergency;

Adequate parking and maneuvering areas;

Noise and emission control or dispersion that complies with chapter 18, environment, of the City's Code of Ordinances;

Runoff, drainage, and flood control;

Visual screening of areas offensive to the public or adjacent developments such as detention areas, retaining walls, utilities and solid waste facilities;

Compliance with article IV, subdivision regulations;

Clear indication of what constitutes the building plot for purposes of signage; and

Location and density of buildings or dwellings where topography or characteristics of the site compel a lower density than would otherwise be allowed, or require location consistent with accepted engineering practices and principles.

Appeals of site plans denied by the administrator where the denial was based upon or condition imposed to assure compliance with the site plan review criteria described above, shall be submitted to the board of adjustment within 20 days of the decision. If no appeal is filed within 20 days, the decision shall be final.

The board of adjustment shall have the same authority as the administrator in reviewing the site plan and taking final action. The board may impose reasonable site-related conditions to mitigate the impacts of the development; however, they shall not impose architectural changes unless otherwise provided for in this CDO.

Applicant shall post a $5,000.00 bond, refundable deposit, or other form of surety per model home to guarantee conversion of any office/display area to the approved residential use and for removal of any exterior items such as temporary parking, fencing, lighting and signage.

Applicant shall make application for a model home building permit which shall be subject to all applicable building, subdivision, zoning and all other codes in the same manner as any other residence. It shall also comply with all deed restrictions, drainage, and other construction plans of the given subdivision.

Granting a model home permit in no way obligates the city to supply any utility or access to any model home until such utilities and roadways have been constructed and accepted by the city.

Model home permits shall be valid for no longer than three years or 80 percent development build out.

An applicant may file a request for an extension upon a showing that the model home is still needed past the initial time period.

Containers are permitted for no longer than six months.

There is no extension of time that can be granted for this temporary use.

Temporary sales trailers are permitted no longer than 12 months.

An applicant may file a request for an extension upon showing that the temporary sales trailer is still needed past the initial time period.

Demolition of a contributing structure that the building official deems 'unfit for human occupancy';

Ordinary maintenance on any structure that does not involve demolition, alteration, or reconstruction; and

Demolition, alteration, or reconstruction of a building that the administrator deems as non-contributing.

The property is used as it was historically or will be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

The historic character of a property is retained and preserved. The applicant has avoided proposing the removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the property.

The applicant has proposed to preserve distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the property.

The applicant has proposed to repair rather than replace deteriorated historic features. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and, where possible, materials. The applicant has substantially documented the replacement of missing features.

The applicant has undertaken chemical or physical treatments, if appropriate, using the gentlest means possible, without using treatments that cause damage to historic materials.

Promote the economic, cultural, educational, and general welfare of the city by protecting, enhancing, and ensuring the continuation of properties of historic and cultural significance;

Preserve, protect, and enhance historically, culturally, architecturally, and archeologically significant sites and structures which represent a distinct aspect of the city and serve as reminders of the city's culture and heritage;

Promote the economic prosperity and welfare of the community by conserving the value of historic properties and encouraging the most appropriate use of such property within the city;

Strengthen civic pride through historic preservation;

Provide a review process for the appropriate preservation and development of important cultural, architectural, archeological, and historical resources;

Maintain a generally harmonious outward appearance of both historic and non-historic structures; and

Establish criteria and procedures for data collection and identification of resources as set forth in special studies.

An individual historic property may be designated if it is at least 50 years old and if it substantially complies with two or more of the following:

A historic district may be designated if it substantially complies with both of the following:

The procedure for designating an individual historic property or to establish or amend the boundaries of a historic district may be initiated by the city, by the individual property owner(s), or by at least 20% of the residents of the potential district.

Buildings, structures, sites, or areas located within the city which substantially comply with the criteria set out in subsection (d) above may be recommended to the city council as landmarks or districts by the planning and zoning commission.

An application for determination of significance shall be made on a form approved by the administrator and shall be filed with the designated staff serving as the recognized historic preservation officer (HPO) along with fees in accordance with the city fee schedule, as may be amended from time to time. The application shall contain:

An individual property or district that is under review by the planning and zoning commission for a formal determination of significance shall be protected by and subject to all of the provisions of regulations governing demolition, minimum standards, and penalties until a final decision by the city council becomes effective.

At the hearing, the applicant shall have an opportunity to present testimony and evidence to demonstrate the historical significance or insignificance of the subject property or district. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of the record. The burden of proof shall be upon the applicant.

The HPO may recommend action to approve, approve with conditions, postpone requesting additional information, or deny the application. The HPO shall forward any final recommendation to the planning and zoning commission within 30 days of the hearing.

The planning and zoning commission shall give notice and conduct its hearing upon receipt of the recommendation from the HPO. Notice for such hearing shall be in the same manner as subsection (e)(4), notice, above. The planning and zoning commission shall review the application and forward its recommendation to the city council within 30 days after taking action on the application. Recommendations of denial by the planning and zoning commission may be appealed directly to the city council according to the regulations set out in section 28-7-34, appeals.

Upon receipt of the joint recommendation on the application from the HPO and the planning and zoning commission, the city council shall schedule a hearing on the application within 30 days. Notice from such hearing shall be in the same manner as subsection (e)(4), notice, above. Significance shall be considered only on the record made before the HPO and the planning and zoning commission.

Upon designation of a landmark or district by the city council, the designation shall be recorded by a legal description on the city's maps, in the records of real property of Fort Bend County, and with the Fort Bend County Central Appraisal District office.

Prior to submitting a general plan, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with and for the purposes as set forth section 28-7-4, pre-application conferences.

The administrator shall review the general plan in conformance with the procedures established in division VII-2, review and referral.

A general plan shall not be considered or reviewed as a complete site plan application.

The administrator shall recommend approval of a general plan if it finds that the plan meets the following minimum requirements and criteria:

The approved residential density will increase by more than five percent;

The gross floor area of a non-residential or mixed-use will increase by more than ten percent;

A change to an approved use category is proposed;

A change in housing type is proposed within 500 feet of an adjacent property not within the site plan or master development plan;

Open space will decrease by more than five percent or will be altered in a manner that changes the character of development;

Substantial change is proposed to the grading, traffic circulation, or drainage plans;

Changes will be made to the configuration of structures or the relationship of structures to the street or adjacent properties; or

Parking, loading, and stacking areas are reconfigured or will reduce the number of spaces.

Conventional;

Planned;

Preliminary plat;

Final plat;

Site plan; and

Mixed-use.

A copy of the plat proposed to be modified;

A sketch drawing that includes enough detail to show the context of the subdivision with respect to abutting property within 300 feet of any lot line;

A proposed plat containing the proposed parcel or lot lines, which demonstrates compliance with this CDO; and

If site drainage is affected by the modification, a drainage plan.

Necessary because of changed or changing conditions on or adjacent to the property or are warranted because of the nature of such conditions;

Fairly applied such that no special benefit is conferred that would not otherwise be conferred on other properties with similar conditions;

Consistent with the nature of development and the density or intensity of land uses originally approved; and

Likely to result in a relative gain to the public health, safety, or welfare of the community.

Upon approval of a modified plan, the city may issue building and other permits for development, construction, and other work in the area encompassed by the approved plan; provided, that no permits shall be issued unless the appropriate official is satisfied that all conditions or approval and the requirements of this CDO have been met.

If denied, the applicant may proceed with the site plan or final plat as originally approved.

Implement the comprehensive plan, as may be amended from time to time;

Conform to state or federal legal requirements;

Address changing or changed conditions; or

Advance the public health, safety, and welfare of the city.

When a developer or a member of the general public submits an application requesting an amendment to the MTP, said developer or member of the general public is responsible for notifying any property owner affected by the proposed change.

When the mayor, city council member, or the administrator submit an application requesting an amendment to the MTP, the city is responsible for notifying any property owner affected by the proposed change.

Interpretation of the meaning of a specific portion of the MTP; or

The correction of a clear scrivener's error.

Whether and the extent to which the proposed amendment would conflict with any portion of this CDO.

Whether and the extent to which there are changed conditions that require an amendment.

Whether and the extent to which the proposed amendment would not result in significantly adverse impacts on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

Whether and the extent to which the proposed amendment addresses a demonstrated community need.

Whether and the extent to which the proposed amendment is compatible with the vision set forth in the city's comprehensive plan.

Grant identified land uses in each zoning district to ensure that the use will be compatible with surrounding land uses and appropriate at the proposed locations as set out in division II-2, zoning districts; or

Convert a nonconforming land use to become conforming per division V-3, conversion of nonconformities.

Completed application and the application fee per division VII-2, review and referral;

The street address, location, legal description of the property affected, or a certified boundary survey, plat, or site development plan of land area subject to the specific use permit;

A statement explaining the rationale for the specific use permit relative to the approval criteria of section 28-2-17, specific uses, and if applicable, division V-3, conversion of nonconformities; and

Any plans, operating data, and expert evaluation to explain the proposed use and to demonstrate why the specific use permit, if granted, would be compatible with surrounding development.

The city shall satisfy the notification requirements and the PZC shall conduct a public meeting as established in section 28-7-10, public notice and public meetings.

Upon conducting a public meeting, the commission shall consider and review the staff recommendation and will formulate a recommendation for city council consideration.

The PZC may establish conditions of operation, location, arrangement, or other aspects of the land use deemed to be in the public interest and/or to assure compatibility with surrounding development.

If the commission recommends denial, the commission shall adopt findings of fact citing specific approval criteria that were not satisfied.

Be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located;

Not impair an adequate supply of light or air to adjacent property;

Substantially increase the congestion in the public streets;

Increase the danger of fire;

Endanger the public health, safety and well-being; or

Substantially diminish or impair property values within the neighborhood.

Implement the comprehensive plan, as may be amended from time to time;

Conform to state or federal legal requirements;

Address changing or changed conditions; or

Advance the public health, safety, and welfare of the city.

Whether and the extent to which the proposed amendment would conflict with any portion of this CDO.

Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land.

Whether and the extent to which there are changed conditions that require an amendment.

Whether and the extent to which the proposed amendment would not result in significantly adverse impacts on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

Whether and the extent to which the proposed amendment addresses a demonstrated community need.

Whether and the extent to which the proposed amendment is compatible with the vision set forth in the city's comprehensive plan.

The range of uses and the character of development that is allowed by the proposed zoning district will be compatible with the properties in the immediate vicinity of the subject property and would not constitute a "spot zoning".

The subject property has sufficient dimensions to accommodate reasonable development that complies with the requirements of this CDO, including parking and buffering requirements.

The pace of development and the amount of vacant land currently zoned for comparable development in the vicinity of the subject property suggests a need for the proposed zoning district in order to ensure an appropriate inventory of land to maintain a competitive land market that promotes economic development.

The character of the surrounding area is transitioning or being affected by other factors, such as traffic, a new school, adjoining uses, or environmental issues.

The rezoning is necessary to allow a land use not anticipated by either this CDO or comprehensive plan.

Whether and the extent to which the proposed amendment would not result in significant adverse impacts on the natural environment including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

There will be benefits derived by the community and in the area where the amendment is proposed.

The P&Z shall hold a public hearing prior to taking action on the proposed zoning map amendment; and

The commission shall make a recommendation regarding the proposed amendment to the city council.

All PUDs approved after the effective date of this CDO shall meet the requirements of this section.

All property that obtains a PUD designation must be rezoned through the legislative process of section 28-7-29, zoning map amendments, in addition to the requirements of this section.

No property that is zoned estate residential (ER) shall be eligible to be have a zoning map amendment approved from ER to PUD.

The applicant may propose any mixture of land uses, including permitted, limited, conditional, accessory, and temporary uses set out in this article provided such proposed uses are consistent with the city's comprehensive plan.

All PUDs shall be at least five acres.

Dimensional standards including front, rear and side yard setbacks, and structure height should be consistent with the adjacent properties, but may be altered for a specific site as proposed by the applicant and approved as part of the adopted site plan.

The applicant may propose a master signage plan to become part of the PUD. See section 28-3-36, master signage plans.

Off-street parking and loading areas will be provided for all uses within a PUD in accordance with the requirements of division III-2, parking, loading, and access.

All setbacks and locational requirements as defined for each land use and the distance between specific land uses shall be in accordance with the requirements as stated in division III-3, use standards.

A submittal of a rezoning to a planned unit development (PUD) shall require approval of a zoning map amendment concurrent with the requirements of section 28-7-19, site plan.

In addition to the requirements of this section the following is required for a zoning map amendment to be approved as a PUD. Both the planning and zoning commission (P&Z) and city council shall approve the zoning map amendment to PUD by certifying that the following situation exists in each application to a PUD.

Interpretations of the text, including standards;

Interpretations of the zoning district boundaries;

Interpretations of whether a proposed use meets the definition of a listed use or not, and should be allowed in a zoning district or prohibited in that district;

Interpretations of compliance with a condition of approval; and

Interpretations of whether rights have been vested.

Review and evaluate the request in light of the text of this CDO, the official zoning map, the comprehensive plan, and any other relevant information;

Consult with other staff, as necessary; and

Render an opinion.

A complete application for a variance permit shall be submitted to the administrator, along with a nonrefundable fee that is established from time to time by the city council to defray the actual cost of processing the application. No application shall be processed until the established fee has been paid and the application has been determined completed by the administrator.

After determining that the application is complete, the administrator shall review the application and prepare a staff report, which may include a recommendation of approval, approval with conditions or disapproval based upon the criteria in subsection (f), variance permit criteria, below. A copy of the report shall be mailed to the applicant at least five days prior to the public hearing on the application.

After due notice, the ZBA shall hold a public hearing on an application for a variance permit. At the public hearing the ZBA shall consider the application, the staff report, the relevant supporting materials and the public testimony given at the public hearing. After the close of the public hearing, the ZBA shall vote to approve, approve with conditions or disapprove the application for a variance permit pursuant to the criteria of subsection (f), variance permit criteria, below.

The administrator shall provide a copy of the decision to the applicant by mail within ten days of the board's decision.

Special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same zoning district and are not merely financial;

These special circumstances are not the result of the actions of the applicant;

Literal interpretation and enforcement of the terms and provisions of this CDO would deprive the applicant of rights commonly enjoyed by other landowners in the same zoning district, and would cause an unnecessary and undue hardship;

Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest, and which would carry out the spirit of this CDO and substantial justice;

Granting the variance will not adversely affect adjacent land in a material way; and

Granting the variance will be generally consistent with the purposes and intent of this CDO.

Issuance of a variance permit shall authorize only the particular variation which is approved in the variance permit. A variance permit shall run with the land.

Unless otherwise specified in the variance permit, an application to commence construction of the improvements that were the subject of the variance permit request must be applied for and approved within 12 months of the date of the approval of the variance permit, otherwise, the variance permit shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month timeframe may be granted by the ZBA for a period not to exceed 12 months for good cause shown.

The purpose of the appeals process is to provide an opportunity for affected parties to seek review of a decision of a responsible official or the planning and zoning commission in a timely and inexpensive way.

All administrative decisions of the administrator pertaining to this CDO may be appealed to the zoning board of adjustment (ZBA).

All decisions of the planning and zoning commission pertaining to this CDO may be appealed to the city council.

All decisions of the ZBA pertaining to this CDO, may be appealed to a court of competent jurisdiction.

All decisions of the city council pertaining to this CDO, may be appealed to a court of competent jurisdiction.

Any person aggrieved by the decision; or

Any officer, department, board, or bureau of the city affected by the decision.

Such appeal shall be made by filing the appropriate form and delivering it via mail or in person to the city. All of the grounds for the appeal shall be stated in the application.

The amending plat shall depict both the current recorded configuration and the proposed configuration of all altered lots and reserves.

The current configuration shall be located on the left side of the plat as originally recorded.

The proposed configuration shall be located on the right side of the plat and shall depict all information as required for final plats.

In determining whether to approve, approve with conditions, or deny an amending or minor or plat, the review bodies shall consider the applicable common decision criteria in section 28-7-8 and the following:

In order to approve a minor plat, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

After receiving a preliminary plat decision from both the planning and zoning commission (P&Z) and city council, all persons desiring the subdivided land, referred to as applicant, shall submit an application for final plat approval as set forth herein, unless such person's subdivision is specifically exempted from the requirements to obtain a plat by this article.

The applicant shall submit eight copies of the final plat application to the P&Z. The application form shall be kept on file with the city secretary and shall be in a form approved by the P&Z.

Final plat application submittal time and date. A final plat application should be submitted to the P&Z not later than 5:00 p.m. on the third Monday before the P&Z's next regularly scheduled meeting. The application shall comply with the city's fee schedule as set by the city council.

See section 28-7-13, fees.

A final plat application shall contain eight 24-inch by 36-inch paper prints of the original plat drawing, reproduced on white paper with blue or black lines, each of which shall be folded to eight and one-half inches by 14 inches. The city may adopt rules allowing the applicant to submit the entire plat in an electronic format. Additionally, a final plat application shall contain one electronic format of the original plat drawing in either PDF or CAD format.

The report shall include a legal description of the subdivision. The report shall be executed within 30 days before the date an application for final plat approval is submitted to the city.

A final plat application shall contain a phase 1 environmental assessment if the city engineer determines such assessment necessary for the subdivision. If hazardous materials are found, appropriate remediation shall be performed in accordance with the state commission on environmental quality or other applicable law prior to final plat approval.

A final plat application shall contain a copy of the approval form from each drainage district in which the property being subdivided is located.

A final plat application shall contain a traffic impact study from a qualified traffic engineering firm for the ultimate build-out to assure that adequate public facilities for transportation generated by the subdivision are being provided. The city engineer may require a traffic impact study to forecast five years or greater in the future. The city engineer may waive the requirements of a traffic impact study if in his opinion a traffic impact study is not needed for the subdivision. Furthermore, if less than 100 vehicle trips per day is anticipated for all streets in the subdivision, then no traffic impact study is required.

The applicant shall comply with all local, state, and federal laws pertaining to archeological, geological, and wetland sites, and endangered species applicable to the subdivision and shall provide any documents required by the city to evidence compliance.

The P&Z shall approve a final plat if it is in compliance with this division and other rules and regulations adopted by the city council governing plats and the subdivision of land. The P&Z shall review and act on final plat applications within 30 days from the date the final plat application is postmarked or hand-delivered to the city as required by V.T.C.A., Local Government Code, Chapter 212 and Chapter 245. Within these time constraints, the P&Z may take the following actions:

The P&Z discourages final plat approval with conditions and will only grant final plat approval with conditions when the applicant can demonstrate extraordinary hardship.

If the P&Z grants final plat approval or if the P&Z disapproves a final plat and the applicant decides to continue with the platting process, then the city council shall review each plat submitted to it by the P&Z. City council shall approve any plat if it is in compliance with this division and other rules and regulations adopted by the city council governing plats and the subdivision of land. City council shall review and act on final plats within 30 days after the date the final plat is approved by the P&Z or is considered approved by the inaction of the P&Z, or the P&Z disapproves the final plat. Within these time constraints, city council may take the following actions:

The city council discourages final plat approval with conditions and will only grant final plat approval with conditions when applicant can demonstrate extraordinary hardship.

If the city council disapproves a final plat the city council shall have a written letter prepared certifying the reasons for the disapproval and shall formally adopt any such certification.

All persons desiring to subdivide land, referred to as applicant, shall submit an application for preliminary plat approval as set forth herein, unless such person's subdivision is exempted from the requirements to obtain a plat by this article.

The applicant shall submit eight copies of the preliminary plat application to the administrator. The application form shall be kept on file with the city secretary and shall be in a form approved by the city.

A preliminary plat application should be submitted to the administrator no later than 5:00 p.m. on the third Monday before the planning and zoning commission's (P&Z) next regularly scheduled meeting.

A preliminary plat application shall contain a nonrefundable application fee tendered in the form of a check made payable to the "City of Fulshear, Texas," in the amounts adopted by the city council and on file in the city secretary's office.

A preliminary plat application shall contain eight 24-inch by 36-inch paper prints of the original plat drawing, reproduced on white paper with blue or black lines, each of which shall be folded to eight and one-half inches by 14 inches. Additionally, a preliminary plat application shall contain one electronic format of the original plat drawing in either PDF or CAD format.

A preliminary plat application shall contain a statement or certificate, either in separate writing or on the plat, executed by the applicant or the person who prepared the plat, which certifies that all existing easements, rights-of-way, fee strips, and significant topographical features on the land being platted are shown and accurately identified on the plat and, further, stating whether the plat being submitted includes all of the contiguous land that the subdivider owns, directly or indirectly, or has a legal or beneficial interest in, or whether the subdivider owns or has a legal interest in any adjacent property. If the subdivider owns, directly or indirectly, or has a legal or beneficial interest in any adjacent property, the extent of such ownership and a boundary description of the land involved also shall be shown on the plat.

A preliminary plat application shall contain notice letters to all utility companies that provide service to the area encompassed by the subdivision, whether public or private. Such notice letters shall contain a statement of the intent to subdivide, the intended use of the property within the subdivision, and shall have attached to such notice letter a copy of the preliminary plat that is filed with the city.

A preliminary plat application shall contain a copy of the review form submitted to each drainage district in which the property being subdivided is located.

A preliminary plat application shall contain a letter certifying that water and sewer service is available to the subdivision and that services will be provided from the appropriate utility provider, or a letter certifying that private water wells and septic systems approval have been granted for the subdivision.

A preliminary plat application shall contain a permit or a no objection letter from the state department of transportation if the subdivision is adjacent to or ties into a state highway.

A preliminary plat application shall contain approval documents from any other applicable governmental entity, district, or entity with jurisdiction in the subdivision; however, a preliminary plat application is not required to have either Fort Bend County or Waller County approval.

A preliminary plat application shall contain any other documents the city may require to determine compliance with the standards of this division.

The proposed name of the subdivision or development, which shall not be a duplicate of any subdivision or development of record in the county of recording;

The legal description of the property proposed to be subdivided, including the name of the county, survey, and abstract number, together with reference to at least one established corner of a nearby recorded subdivision or the nearest public street right-of-way intersection;

The total acreage and total number of lots, blocks, and reserves;

The name of the owner of the property. If the owner is other than a natural person, the name of the principal officer of the entity;

The name of the person or firm who prepared the plat;

The date on which the plat was drawn;

The north point. The drawing of the subdivision shall be oriented with north to the top of the drawing;

The scale for a preliminary plat shall be one-inch equals 100 feet, or for projects less than ten acres the scale acceptable for a preliminary plat shall be one-inch equals 50 feet;

A scale vicinity map shall be provided and made a part of the plat indicating the general location of the subdivision and its relationship with streets, railroads, watercourses, and similar features in all directions from the subdivision to a distance of at least one-half mile. The scale of the vicinity map shall be oriented with north to the top of the drawing;

The plat boundaries shall be drawn with heavy lines to indicate the subdivision with overall survey dimensions and bearings. Lines outside the subdivision shall be drawn as dashed lines;

The adjacent areas outside the subdivision shall be identified with the name of the adjacent subdivisions (including recording information), the names of the recorded owners, places of public assembly, schools, parks, bayous, drainageways, acreage, and all existing streets, easements, pipelines, and other restricted uses;

The location and approximate width of existing and proposed watercourses, ravines, drainage easements, and topographical elevations; and the boundaries of designated flood zones, as provided in the latest edition of the Federal Insurance Rate Map as published by the Federal Emergency Management Agency. All such information shall be certified by a registered professional land surveyor or a registered professional engineer authorized to do business in the state;

Contours with intervals of five-tenths-foot, referred to sea level (U.S. Coast and Geodetic Survey) datum, as required to show at least two contours within and adjacent to the subdivision. If the change in elevation throughout the subdivision is less than one foot, then the plat shall show the outfall drainage plan and identify basis of control and temporary benchmark set within the subdivision;

The location and identification of all reserve tracts. If not a specific use, reserve tracts shall be identified as "unrestricted reserve." Specific uses shall be designated "restricted reserve." Specific uses include, but are not limited to, single-family residential, utility, places of public assembly, park, recreational, school, landscaping, sewage disposal, water plants, or drainage uses;

The location, widths, and names of all existing and proposed streets, roads, alleys, half-streets, and easements within the subdivision and immediately adjacent thereto, the location of all existing permanent buildings within the subdivision, and all existing easements and other important features, such as section lines, political subdivision, or corporate limit lines, on all sides for a distance of not less than 200 feet;

The names of all existing and proposed streets located within the subdivision and immediately adjacent thereto. If all or part of a street or major thoroughfare runs through the subdivision, the plat shall depict such street, and the plat shall contain a note that such street will be dedicated to the city. Furthermore, the developer shall build such street in accordance with the city's standards established in section 28-4-5, streets, driveways, and alleys;

The location of all lots, blocks, building setback lines, and other features, within the subdivision, with approximate dimensions;

The proposed layout of the subdivision, showing streets, blocks, lots, alleys, easements, building lines, reserves, and parks with principal dimensions; and

All parkland dedications as set forth in section 28-4-16, parkland dedication.

The P&Z shall:

The P&Z shall review and act on preliminary plat applications within 30 days from the date the preliminary plat application is postmarked or hand-delivered to the city as required by V.T.C.A., Local Government Code, Chapter 212 and Chapter 245. Within these time constraints, the P&Z shall take the following actions:

If the P&Z disapproves a preliminary plat a written certification stating the reasons for the disapproval, the P&Z shall have a written letter prepared certifying the reasons for the disapproval.

Is signed and acknowledged by only the owners of the property being replatted;

Is approved, after a public hearing on the matter, if required in table 28-7-14, summary of review procedures, by the P&Z; and

Does not attempt to amend or remove any covenants or restrictions.

The subdivision shall be described by metes and bounds;

The subdivision shall be located with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part;

The dimensions of the subdivision shall be shown including each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part;

The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgement of deeds;

The plat shall be filed and recorded with the county clerk of the county in which the tract is located; and

The plat shall be subject to the filing and recording provisions of section 12.002, of the property code.

The owners of the tract covered by a plat may vacate the plat at any time before any lot in the subdivision is sold.

If lots in the subdivision have been sold, the subdivision, or any part of the subdivision, may be vacated on the application of all the owners of lots in the subdivision with approval obtained in the manner prescribed for the original plat for the subdivision.

The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat.

On the execution and recording of the vacating instrument, the vacated plat has no effect.

The relocation and/or abandonment of any utilities shall be the responsibility of the subdivider and shall be provided for concurrently with the vacation procedure. The cost of any such relocation and/or abandonment shall be borne by the subdivider.

The P&Z may vacate a plat of an approved subdivision when:

Prior to initiating a plat vacation, the P&Z shall follow the notice requirements set forth in V.T.C.A., Local Government Code Section 212.015.