Approval of applications for development is based (among other basis for consideration described in this Code) upon the proposed development's conformance with existing policies (including the Comprehensive Plan, Zoning Map, and Code). In cases where a proposed development is not in accordance with these policies[,] changes to policies must be made by the appropriate review entity (either the City Council or Board of Adjustment for Policy- and Legislative-related applications and permits before any subdivision or development not in accordance with existing policies may proceed). Includes: Comprehensive Plan Amendment, Planned Unit Development, Conditional Use Permit, Zoning Map Amendment, Code Text Amendment procedures, and certain Variances.

Subdivision-related procedures are necessary to establish how individual lots or projects may be developed. These procedures are used to establish what is commonly referred to as a "legal lot" on which development may occur. Subdivision activities and projects must be in compliance with this Code as well as the current (at the time of plat application) version of the Williamson County Subdivision Regulations. Should there be a conflict between the Code and the Williamson County Subdivision Regulations, the more stringent criteria will apply: Includes: Comprehensive Plan Consistency Review, Minor Plat, Amending Plat, Replat, Preliminary Plat, Construction Plan, and Final Plat.

Development in the City must occur in compliance with all regulations of this Code. In addition, land must be appropriately subdivided and platted before any development project may occur. Includes: Zoning Verification Letter, Legal Lot Verification Letter, Written Interpretation, Master Sign Plan, Administrative Decision, Temporary Use Permit, Administrative Exception, Site Development Permit, Stormwater Permit, Certificate of Design Compliance, Appeal of an Administrative Decision, Variance, and Building Permit (sign only) procedures.

Policy- or legislative-related applications for permits required for a particular project may occur in any order but shall be sequenced so that when final actions occur, each approval provides any requisite requirement for a subsequent related approval.

Subdivision applications may generally be considered concurrently.

Approval of the final plat shall not be granted until written approval plans for dedication of land and community facilities has been given by the City Manager.

Development or permit applications may generally be considered concurrently.

No Development or permit application may be considered if there is pending subdivision activity for the same tract of land, except for administrative determinations.

Appeals of administrative decisions may only occur after a final decision by the City Manager.

Consideration of development or permit applications shall be sequenced so that when an approval occurs, it will provide any requisite requirement for a subsequent related approval.

Submittal of different applications related to the same development may be made simultaneously, although the review and processing of applications must remain in sequence as described in Table 3-1 above and elsewhere in this Code.

Applicants may file multiple applications for nonconcurrent actions/approvals. Applications shall be reviewed and processed in the sequence required pursuant to this Code. After each application receives final action, the next consecutive application in the Code process will be reviewed for completeness pursuant to the appropriate process.

Any application submitted simultaneously with other applications is subject to approval of all other related applications that are prerequisite(s) to consideration of another application in the development process. Denial or disapproval of any concurrently submitted application shall prevent consideration of any related applications unless and until the denied or disapproved application is resolved or approved.

An applicant may withdraw any individual application from a group of simultaneously submitted applications.

A determination whether an application is complete will be made by the City Manager within fifteen (15) working days of submittal of the application.

If the application is determined to be incomplete, the City Manager shall notify the applicant in writing. If the application is not resubmitted within a period specified by the City Manager, a new application and fee shall be required.

Notification of the expiration of regulations shall be provided to the applicant as part of the notification of approval of the development-related permit.

A Letter of Regulatory Compliance or Written Interpretation stays in effect indefinitely where no related development is proposed. Upon submission of a proposed development application related to the Letter of Regulatory Compliance or Written Interpretation, the Letter of Regulatory Compliance or Written Interpretation shall expire according to Table 3-2 unless the proposed development is not pursued.

A development for which an approval or permit has been issued pursuant to this Code shall be considered to be in process as set forth below:

The City Manager may extend the expiration date of any permit one time for a period not to exceed one (1) year in length. Such extension may be granted at any time prior to or within the twelve (12) months preceding the expiration date, but the extension period may not begin later than the original expiration date.

Reinstatement of a lapsed approval shall require the applicant to pursue the same submittal and to obtain approval as an original application.

Any minor plat, replat, amending plat, preliminary plat, final plat, (approved pursuant to previous Subdivision Regulations) or Detailed Development Plan (approved pursuant to previous Subdivision Regulations) that is dormant in accordance with the provisions of Texas Local Government Code section 245.005 will expire within the provision for expiration described in the most current version of Texas Local Government Code section 245.005.

There is a substantial change in circumstances relevant to the issues and/or facts considered during the original review of the application that might reasonably affect the decision-making body's review of the relevant standards to the development described in the application; or

New or additional information is available that was not available at the time of the original application that might reasonably affect the decision-making body's review of the relevant standards to the proposed development; or

A new application is proposed to be submitted that is materially different (e.g., proposes new uses, or a substantial decrease in proposed densities and intensities) from the prior application; or

The final decision on the application was based on a material mistake of fact.

Ongoing consideration of an application beyond the standard review period allows a review body or the final action authority to work in good faith with the applicant to make changes, modifications, and corrections in order to continue consideration of an application that might otherwise be disapproved without the changes, modifications, or corrections.

Once consideration of an application has continued past the standard review period and is eligible for final action upon request of the applicant, the applicant may request in writing a final action decision from the final action authority. An administrative final action authority must respond with written notification of final action within ten (10) days.

All public hearings shall follow the procedures set forth by the City of Jarrell. Modifications of the application during a public hearing may be made if assurances can be given by the applicant that the changes will be made. The City Council or other review authority holding the public hearing may approve or recommend action on the application subject to the suggested changes being made and incorporated into the new application.

All findings and conclusions necessary to the permit or decision (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence that people of ordinary prudence would rely on in conducting their own affairs) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.

The Comprehensive Plan reflects Jarrell's long-term plan for growth and development. The City Council may, from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries herein established, or contained in the Comprehensive Plan.

The City Council may consider criteria it deems relevant and important in taking final action on the amendment but shall generally determine that the amendment promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City.

Recommendations regarding Comprehensive Plan amendments may be made by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward their recommendation to the City Council who is responsible for final action on Comprehensive Plan Amendments.

Amendments to this Code may be made from time to time in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City, or to correct errors in the text or caused by changing conditions in a particular area or in the City. All text amendments shall be in accordance with the Comprehensive Plan. If the Comprehensive Plan is amended, the Code should also be amended if found to be necessary or advisable by the Planning and Zoning Commission.

The City Council may consider criteria it deems relevant and important in taking final action on the amendment but shall generally determine that the amendment promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City.

Recommendations regarding the Code text amendments shall be made by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward its recommendation to the City Council who is responsible for final action on a Code Text Amendment.

Conditional Use permits allow for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. These uses and the districts where they may locate are listed in Section 4.09. These uses may locate in districts as indicated under special conditions. No such use shall commence without prior approval of a Conditional Use permit.

A binding Site Plan for the Conditional Use Permit must be approved by the City Council in order to approve issuance of a Conditional Use Permit.

The City Council is responsible for final action on applications for Conditional Use Permits.

For the purpose of establishing and maintaining sound, stable, and desirable development within the corporate limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area, or to extend the boundary of an existing zoning district. All amendments must be in accordance with the Comprehensive Plan, which may be amended according to the procedure in Chapter 2 (Section 2.4 [sic]). Newly annexed areas shall be zoned AG during the annexation process.

The City Council may consider criteria it deems relevant and important in taking final action on the amendment but shall generally determine that the amendment promotes the health, safety, or general welfare of the City and the safe, orderly, and healthful development of the City.

Conditions and proposed decisions regarding rezoning shall be reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward its recommendation to the City Council, which is responsible for final action on Zoning Map Amendments.

A PUD may be used to permit new or innovative concepts in land utilization, master-planned communities, mixed use development that other zoning districts do not accommodate, and to provide site-specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. PUDs are appropriate in areas where the Comprehensive Plan reflects the specific uses proposed in the PUD or where the Comprehensive Plan reflects mixed use as a land use category.

The applicant is responsible for submitting an application for a PUD that must include submission of a proposed development ordinance with an attached General Development Plan. The proposed ordinance, as modified and if approved by the City Council, shall be binding on the applicant and its successors. Final action on the PUD includes final action on the proposed development agreement. Any future development permits must comply with the final approved development ordinance.

The PUD development ordinance and general development plan must provide sufficient information for the Council's evaluation. These submission items must also include development standards which shall address: uses, density, lot area, lot width, lot depth, yard depths and widths, setback requirements, building height, building elevations, building articulation, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, restrictive covenants and other restrictions, fiscal surety for completion of construction of improvements, cost participation agreements, and other requirements the City Council may deem appropriate.

Upon receipt of the Planning and Zoning Commission's recommendation to the City Council, the Council will consider the following specific objectives and criteria in making a determination on the development ordinance and general development plan associated with the PUD. Rezoning to and development under the PUD district will be permitted only if the development ordinance and general development plan meet the following criteria:

Unless otherwise indicated in the approved PUD development ordinance or PUD general development plan, the minimum requirements for each development shall be those stated in this Code for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted.

Decisions regarding a Planned Unit Development (PUD) shall be reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward its recommendation to the City Council, which is responsible for final action on a PUD.

The subdivider may obtain a Letter of Regulatory Compliance from the City Manager prior to commencing work on any development and may be required to do so by the City as part of an application for another procedure. The Letter of Regulatory Compliance certifies that specific uses of land and any new development is in compliance with the requirements of these development regulations.

A Zoning Verification Letter is a letter that indicates to a property owner that a specified use, clearly identified in the application, is permitted within the zoning district. A Zoning Verification Letter does not vest the property owner with permission to proceed with a development; does not specify requirements that must be met for future development; and does not include a determination that a tract of land may be developed. The City Manager may include additional information about the uses and standards required for a development to proceed, however, and such additional information does not constitute permission to proceed with development.

A Legal Lot Verification Letter is a letter in accordance with section 212.0115 of the Texas Local Government Code that indicates whether or not a lot has been properly platted.

The City Manager is responsible for final action.

Submission requirements for written interpretations will be developed by the City Manager.

In addition to the general criteria for consideration of administrative procedures in Section 2.03, the City Manager will determine, based on analysis of the requested interpretation, and considering this Code, the correct interpretation for whatever question is raised.

The City Manager will first determine that the application does not request a written interpretation that is already clear in this Code or that the application could more appropriately be decided through another procedure in this Code. If this is the case, the City Manager shall reject the applicant's proposed written interpretation and refer the applicant to the appropriate section of the Code. This reference will serve as the written interpretation.

In making a written interpretation, the City Manager may consider, but is not limited to the following:

A stormwater permit is required prior to any development construction within the City limits to ensure conformance to the stormwater management provisions and other applicable requirements of this Code. Issuance of a site development permit or a final plat for a single-family residential subdivision within the City Limits constitutes approval of a Stormwater Permit for that specific development.

The applicant must ensure that the application for a stormwater permit was prepared or reviewed and approved in writing by a licensed professional engineer prior to submission to the City.

A stormwater permit will be issued after the City Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter 5.00 of this Code.

Prior to issuance of a stormwater permit, the City Manager or City Council must approve the site plan for projects in the City's ETJ to ensure any required compliance with this Code, as required in Section 2.2 [Section 2.03]).

A stormwater permit approved by the City is condition[ed] upon approval of all applicable related permits required from the Texas Environmental Quality Commission (TCEQ), the U.S. Environmental Protection Agency (EPA) or any other state or federal agency being issued by that agency. Permits issued by entities such as the EPA, which may issue permits closer in time to construction, shall be made available to the City within seven (7) days after having received such permit(s).

The City Engineer is responsible for final action.

Procedures including initiation of appeals of administrative decisions are explained in Chapter 2.00.

All development activities permitted by the action being appealed, or any subsequent approval, must stop upon appeal, and remain inactive until the appeal is resolved. If the City Manager certifies in writing that such a cessation of activity would cause imminent peril to life and property, the development may proceed, unless a stop order is issued by the BOA, or a restraining order is issued by a competent court of record. The stop order or restraining order stopping development must indicate the reason for stopping the activity.

Prior to hearing or deciding an appeal of an administrative decision, the Chairperson of the Board of Adjustment (BOA) may request that the applicant and administrative official agree to mediation or other alternative form of resolution of the dispute prior to a public hearing.

The Board of Adjustment considers whether the City Manager's or City Council's official action was appropriate considering the facts of the case and the requirements contained in this Code. The Board will make its decision based on this Code and the information presented to the BOA by the applicant and the City Manager or other administrative official.

An applicant may only appeal the specific reasons given for the administrative disapproval or denial. An applicant may not appeal the disapproval or denial without effectively establishing that the specific basis for the administrative disapproval or denial was incorrect.

The Board of Adjustment is responsible for final action.

Upon written receipt of an application requesting an Administrative exception or adjustment, the City Manager may request the BOA to consider an administrative exception or adjustment.

In order to provide a method by which human error (e.g., miscalculations) may be corrected, administrative exceptions or adjustments may be permitted. Special exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be:

Submission requirements for administrative exceptions will be developed by the City Manager but applications must include an affidavit from the owners or authorized agents of any property abutting the area subject to the administrative exception attesting to the applicant's exception.

To approve an application for an administrative exception, the Board of Adjustment must determine that the following criteria are met:

The Board of Adjustment is responsible for final action.

The City Council shall have the authority to hear and grant requests for a variance from the development standards of this Code. Waivers of the standards required for plat approval are not considered variances and must be requested from the Planning and Zoning Commission and then the City Council during the plat review process. Any variance requests up to ten (10) percent of any minimum or maximum measurement required by this Code may be treated as an Administrative Exception if the City Manager agrees to recommend the Administrative Exception. A variance to the development standards of this Code will be considered an exception to the regulations contained herein. Granting of a variance in one case does not set a precedent for a subsequent case. Each variance request will be judged on its own merit based on subsection B. below.

The City Council may authorize a variance from the requirements of this Code when an unnecessary hardship would result from the strict enforcement of this Code. In granting a variance, the City Council shall first review the recommendation of the Planning and Zoning Commission and then shall prescribe only conditions that it deems not prejudicial to the public interest. In making the required findings, the City Council shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed development, the possibility that a nuisance may be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the City Council finds all of the following:

The following types of possible findings do not constitute sufficient grounds for granting a variance:

The fact that property may be utilized more profitably should a variance be granted may not be considered grounds for a variance.

The City Council shall make a final decision on any variance request from floodplain or stormwater management regulations.

Variance requests shall by reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward its recommendation to the City Council, which is responsible for final action on the Variance request.

Prior to the subdivision, resubdivision, or development of any land within the City, all plans, and plats [and] plans for infrastructure improvements must first be approved in accordance with regulations specified in Section 3.08 except for:

No land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the City Council or the City Manager in accordance with these regulations.

No building permit or certificate of occupancy may be issued for any parcel or tract of land until such property has received final plat approval and is in conformity with the provisions of this Code, the plat has been recorded, public improvements have been accepted by the City (if applicable), and no private improvements will take place or be commenced except in conformity with these regulations in this Code.

No person shall transfer, lease, sell or receive any part of a parcel before an administrative plat or final plat of such parcel and the remaining parcel have been approved by the City Council in accordance with the provisions of these regulations in this Code and filed of record with the County Clerk of Williamson County.

The platting or subdivision of any lot or any parcel of land, by the use of GPS as a substitute for metes and bounds for the purpose of sale, transfer, lease or development is prohibited. GPS may be used as supporting documentation only and the datum source must be referenced.

Minor plats, amending plats, or replat may be approved by the City Manager following an evaluation for plan compliance and technical compliance with this Code.

All subdivisions and plats of land shall be reviewed using the criteria in this Code. They must be reviewed and approved before any final action may be taken by the City Manager or the developer.

The City Manager is responsible for final action on Administrative Plat Reviews. If the City Manager determines the Administrative Plat does not meet the approval criteria, the applicant may request that the application be forwarded to the Planning and Zoning Commission for its review and for its recommendation to City Council, which will take final action.

After approval of an administrative plat, the subdivider shall notify the City Engineer within ten (10) days which of the following construction procedure(s) the subdivider proposes to follow:

After the City Manager has approved the plat, the City Engineer has approved the Construction Plan and the subdivider has either posted fiscal surety and assurance of construction (see Chapter 6.00 [Chapter 5.00]) or completed required provision of infrastructure and public improvements, the final plat shall be recorded in the Office of the County Clerk. The subdivider will pay the record filing fee.

Subdivisions and plats of land shall be reviewed using the criteria specified or referenced in State Law.

The Planning and Zoning Commission may recommend to City Council the approval, approval with conditions, or disapproval of waivers of the standards required for plat approval, by using the criteria for consideration of Variances in Section 3.08.06.

Recommendations regarding Preliminary Plat approval shall be made by the Planning and Zoning Commission. The Planning and Zoning Commission shall forward its recommendation to the City Council, which is responsible for final action on the Preliminary Plat.

After approval of a preliminary plat, the subdivider shall prepare and submit a final plat.

If the City Council has approved the plat, the City Manager or his/her designee has approved the construction plans, and the subdivider has either posted fiscal surety and assurance of construction, or completed the required infrastructure and public improvements, the final plat becomes the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The subdivider shall pay the record filing fee and file the final plat with the County Clerk.

Construction plans must be submitted to the City Engineer for all existing or proposed streets, sidewalks, drainage and utility improvements, water quality controls, park improvements, and any other infrastructure or public improvements that are required or proposed to be constructed, reconstructed, improved, or modified to serve the development. Where the final plat is for property being developed in phases, the required construction plans must include the improvements specified in the general development plan or preliminary plat to serve the phase being platted. The construction plans are intended to provide for the detailed engineering drawings for all improvements required to serve the development. The construction plans must be kept as a permanent record of the City. The City Engineer as referenced in this Code is acting as agent for the City Manager and shall have the powers specified in this Code only to the extent that the Engineer is expressly delegated those powers by the City Manager.

The registered professional engineer representing the subdivider is responsible for the accuracy, completeness and conformance of all plans to City standards and must certify (with seal) the construction plans as to accuracy and design and conformance with all applicable City requirements. The City assumes no project design or engineering responsibility. The subdivider's professional engineer certifying the plans is responsible for the accuracy and completeness of the documents and the soundness of the designs as submitted for review and actual construction.

Site Plan Review [and] Site Development Permit

Master Sign Plan and Sign Permit

Temporary Use Permit

Stormwater Permit

Building Permit

On-Site Wastewater Permit

Prior to any excavation, clearing, or other land alteration for the purpose of development within the City limits an applicant must submit a site plan for approval and issuance of a site development permit under this section. No such excavation or development shall be lawful or permitted to proceed without issuance of a site development permit. All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site development permit approval must be met at the time of development.

A site plan will be approved, and a site development permit issued if the development is in compliance with the general criteria for approval of administrative review procedures, the requirements of Chapter 6.00 of this Code (Site Development and Design Standards) and the following additional criteria:

The City Manager is responsible for final action on developments specified in Section [2.03] Chapter 2.00 of this Code.

A master sign plan shall be required for all multiple-tenant buildings, PUDs, and all multi-building or multi-occupant commercial developments before any signs for such development may be erected on the property. All owners, tenants, subtenants and purchasers of individual units within the development shall comply with the approved master sign plan.

In addition to the general administrative review criteria in Section 2.03, the City Manager must determine the following in order to approve the Master Sign Plan:

The City Manager is responsible for final action.

No sign may hereafter be erected, moved, added to, or structurally altered within the City or the ETJ without a permit issued by the City Manager in conformity with the provisions of this Section and Section 6.12 of this Code. No building permit issued under the provisions of this Code for signs shall be considered valid unless signed by the City Manager.

In addition to the general criteria for approval of administrative procedures, the City Manager shall base the final action on the following criteria:

The City Manager is responsible for final action.

Appeals of City Manager actions regarding sign-related building permits shall be considered and decided by the City Council.

Temporary uses, as identified in Chapter 4.00, are required to obtain a temporary use permit from the City Manager. The permit specifies the use, the period of time for which it is approved, and any special conditions attached to the approval.

In addition to the general criteria for consideration of administrative procedures, the City Manager shall consider whether the application complies with the following standards:

Adequate on-site restroom facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed within a reasonable and appropriate timeframe at no expense to the City. The guarantee shall be in a form and substance approved by the City Manager, which may include the requirement of a fiscal posting.

The City Manager shall review all signage in conjunction with the issuance of the permit. The City Manager may approve the temporary use of attention-attracting devices that generally conform to the requirements of this Code. The City Manager may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.

The City Manager is responsible for final action.

On-site Wastewater permits shall be required from Williamson County for any development that applies for a development permit and wishes to use a septic tank or similar type of on-site wastewater system.