Northlake City Zoning Code
ARTICLE 4
Procedures and Applications
§ 4.1 Purpose and Intent.
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 Town of Northlake.
(Ordinance 21-0513C, sec. 7, adopted 5/13/21)
§ 4.2 Initiation of Application.
A.
Application Submittal.
All development applications to be considered by the Town 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 Town Manager or his/her designee.
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 metes and bounds description of the subject property (or other suitable legal description);
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 Town Manager or his/her designee or identified in this UDC for the processing of a specific development application.
(1)
The Town Manager or his/her designee 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.
(2)
A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.
(3)
Not later than the tenth (10) business day after the date an application is submitted, the Town Manager or his/her designee shall determine if the application is complete. If the application is incomplete, a written determination shall be mailed to the applicant within such time period by United States Mail 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.
(4)
An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the Town has mailed a copy of the determination as provided in section 4.2.B.2.d.(3) above.
(5)
The processing of an application by any Town employee prior to the time the application is determined to be complete shall not be binding on the Town as the official acceptance of the application for filing. However, this application may be denied for incompleteness within the forty-five (45) day period.
(6)
A development application shall be deemed to expire on the forty-fifth (45) day after the application is submitted to the Town Manager or his/her designee for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this UDC or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted.
(7)
No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.
C.
Application Withdrawal.
Any request for withdrawal of an application must be submitted in writing to the Town Manager or his/her designee. 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 Board, Commission or Town Council of the request for withdrawal. The Board, Commission or 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 Town Manager or his/her designee.
(Ordinance 21-0513C, sec. 7, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)
§ 4.3 Notice Requirements.
A.
Published Notice.
Whenever published notice of a public hearing before a Board, Commission or the Town Council is required, the Town Manager or his/her designee shall prepare a notice to be published in an official newspaper or a newspaper of general circulation in the Town before the fifteenth (15) day before the date set for the required hearing. Said notice shall set forth the date, time, place and purpose of the hearing as required under LGC section 211.006(a).
B.
Written Notice.
Whenever written notice of a public hearing before a Board, Commission, or the Town Council is required, before the tenth (10) day before the hearing date, the Town Manager 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 two hundred (200) feet of the exterior boundary of the parent tract or tracts of the property in question. Said notice shall set forth the date, time, place, and purpose of the hearing as required under LGC section 211.007(c). The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. If the property within two hundred (200) feet of the property in question is located in territory within the Town and is not included on the most recently approved municipal tax roll, notice to such owners shall be given by one publication in an official newspaper or a newspaper of general circulation in the Town 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.
C.
Sign Notice.
Whenever sign notice of a public hearing before a Board, Commission, or the Town Council is required, posting of a notification sign or signs shall be required as follows:
1.
Placement.
a.
A minimum of one (1) sign per 1,500 feet of each street frontage or portion thereof shall be posted on the property in question.
b.
A maximum of three (3) signs shall be posted on any street frontage.
c.
Signs shall generally be centered and spaced evenly along the street frontage.
d.
Signs shall be visible from and placed perpendicular to the street.
e.
Signs shall be located on the property outside of the public right-of-way unless placed a minimum of ten (10') feet from the edge of street pavement.
2.
Design.
a.
Signs shall be four (4') feet by four (4') feet.
b.
Signs shall be double-sided, durable, and mounted on two stakes/poles.
c.
The bottom of signs shall be at least one foot above grade.
d.
Signs shall be constructed in accordance with the Town’s notification sign design criteria and shall include lettering/graphics placed on both sides containing the following information at a minimum:
3.
Posting.
a.
Owner/applicant shall be responsible for obtaining, posting, and maintaining the posting of all required signs according to this subsection.
b.
Signs shall be posted a minimum of 21 days before a scheduled public hearing and shall be maintained until the subject of the public hearing has been approved, denied, or withdrawn. A public hearing will not be scheduled and published notice and written notice will not be initiated until Town staff confirms the placement of the required notification signs.
c.
Owner/applicant shall remove signs within one (1) week of approval, denial, or withdrawal of the request requiring the public hearing. The owner/applicant shall also repair or replace any damaged or missing signs within one (1) week of notice from Town staff.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 7, adopted 5/13/21; Ordinance 22-0310B adopted 3/10/2022; Ordinance 22-0609A adopted 6/9/2022; Ordinance 23-0126B adopted 1/26/2023)
§ 4.4 Public Hearings.
A.
Public Hearing Required.
Whenever a public hearing is required, the Town Secretary or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required under section 4.3 of this Article to be prepared and made accordingly.
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 his or her 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 inherent authority of the Mayor, or the chairperson conducting the hearing, to conduct meetings, public hearings shall generally be conducted as follows:
1.
The Town staff may present a description of the proposed project and a written or oral recommendation, if required. 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 Mayor, or the chairperson conducting the hearing, the Town 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 sole discretion of the Mayor or chairperson conducting the hearing, an individual may be permitted to pose relevant questions to staff, the applicant or the body conducting the hearing, as directed by the Mayor or chairperson.
8.
Closure of the Public Hearing.
9.
The Board, Commission, or Town Council shall make a decision, or deference of decision if so desired.
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 no notice shall be required if a hearing is continued. If 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 and may apply such additional rules to govern the public hearing which are not inconsistent with this section.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 7, adopted 5/13/21)
§ 4.5 Post-Decision Procedures.
A.
Notification Required.
Within ten (10) business days following final action on any development application, the appropriate Town Department shall provide written notification to the applicant of the decision of the Board, Commission, or Town Council considering the request. If an application has been denied, the notification should include the reason for the denial if identified by the body considering the request, as well as any information relating to the reapplication procedures for the appropriate application.
B.
Reapplication Following Denial.
Whenever any development application, with the exception of any plat application, is denied, the same type of 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 Town Manager or his/her 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 the original application and the standards in effect at the time such new application is filed with the Town.
D.
Amendments Required.
Whenever a subsequent development application differs substantially from a previously approved development application to which the subsequent application must conform, the applicant shall submit an amended development application for the initial development application, which shall be decided prior to the subsequent application. The applicant's failure to comply with this section shall result in denial of the subsequent application.
(Ordinance 21-0513C, sec. 7, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)
§ 4.6 Comprehensive Plan Amendment.
A.
Applicability.
The Comprehensive Plan of the Town reflects the long-term plan for growth and development of the Town. The Town Council may, from time to time, on its own motion, by request of the Town Manager or his/her designee or by application from a property owner, amend, supplement, change, modify or repeal the text of the Comprehensive Plan or may amend the boundaries shown on the future land use map known as the Land Use Development Concept, or any other applicable maps contained in the Comprehensive Plan.
Approved amendments to the Comprehensive Plan authorize a property owner to submit subsequent development applications consistent with the amendment.
B.
Application Requirements.
1.
Application Required.
Any request for an amendment to the Comprehensive Plan not initiated by the Town shall be prepared in accordance with the application requirements of the Town.
2.
Accompanying Applications.
Any request for amendment of the Land Use Development Concept submitted by a property owner may be accompanied by an application for a zoning change consistent with the requested Land Use Development Concept amendment for land within the Town limits, or by a Preliminary Plat for land within the ETJ. Approval of an amendment to the Comprehensive Plan shall require all subsequent development applications to be consistent with the approved amendments.
C.
Processing of Application and Decision.
1.
Submittal.
An application for an amendment to the Comprehensive Plan shall be submitted to the Town Manager or designee. The Town Manager or designee shall review the application for completeness in accordance with section 4.2 of this Article. The Town Manager or designee may, at their option, request a recommendation from any other Town Department or consultant. The Town Manager or designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Town Manager or designee shall forward a written recommendation to the Planning and Zoning Commission and Town Council.
2.
Review by planning and zoning commission.
a.
Generally.
Before taking action on any proposed comprehensive plan, zoning map, or zoning text amendment, supplement, or change, the Town Council shall submit the same to the planning and zoning commission for its recommendation and report.
b.
Hearing.
The planning and zoning commission shall hold a public hearing on any application for any such amendment or change prior to making its recommendation and report to the town council.
D.
Criteria for Approval.
The following criteria should be considered in evaluating action on an amendment to the Comprehensive Plan:
1.
The proposed amendment promotes the health, safety, or general welfare of the Town and the safe, orderly, efficient and healthful development of the Town.
2.
An amendment to the text is consistent with other policies of the Comprehensive 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, or any other applicable maps contained in the Comprehensive Plan is consistent with the policies of the Comprehensive Plan that apply to the map being amended, taking into account the nature of any proposed land use associated with the map amendment and the compatibility of the proposed land use with adjacent land uses.
4.
Any proposed amendment is consistent with the goals and objectives of the Comprehensive 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.
6.
Other criteria deemed relevant and important by the reviewing body in the consideration of the amendment.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 7, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)
§ 4.7 Unified Development Code Text Amendment.
A.
Applicability.
The provisions of this section apply to any request for an amendment to the text of this UDC. The Town Council may, from time to time, on its own motion, by the request of the Town Manager or his/her designee or by application from a property owner, 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 Town or to correct errors in the text or caused by changing conditions in the Town. The provisions of this section shall exclude amendments to any appendix which shall be exempt from the requirements of this section and may be amended by general consent of the Town Council.
B.
Application Requirements.
A request for an amendment to the text of this UDC not initiated by the Town shall be accompanied by an application prepared in accordance with the application requirements of the Town.
C.
Processing of Application and Decision.
1.
Submittal.
An application for an amendment to the text of this UDC shall be submitted to the Town Manager or designee. The Town Manager or designee shall review the application for completeness in accordance with section 4.2 of this Article. The Town Manager or designee may, at their option, request a recommendation from any other Town Department or consultant. After appropriate review, the Town Manager or designee shall forward a written recommendation to the Planning and Zoning Commission and Town Council.
2.
Review by planning and zoning commission.
a.
Generally.
Before taking action on any proposed amendment to the text of this UDC, the Town Council shall submit the same to the planning and zoning commission for its recommendation and report.
b.
Hearing.
The planning and zoning commission shall hold a public hearing on any application for any such amendment or change prior to making its recommendation and report to the town council.
3.
Decision by Town Council.
E.
[D] Criteria for Approval.
The following criteria should be considered in evaluating action on an amendment to text of this UDC:
1.
The proposed amendment promotes the health, safety, or general welfare of the Town and the safe, orderly, efficient and healthful development of the Town.
2.
An amendment to the text is consistent with other policies of this UDC and the Town.
3.
Any proposed amendment is consistent with the goals and objectives of this UDC and the Town.
4.
Other criteria deemed relevant and important by the reviewing body in the consideration of the amendment.
5.
Consistency with the Comprehensive Plan and any other Master Plans of the Town.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 7, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)
§ 4.8 Annexation.
In processing a request for voluntary annexation by a property owner wishing to extend the corporate limits of the Town to incorporate property adjacent to the Town's existing municipal boundaries, the town shall comply with all requirements of state law.
(Ordinance 21-0513C, sec. 7, adopted 5/13/21)
§ 4.9 Development Agreements.
The purpose of a Development Agreement is to determine whether the Town wishes to authorize a plan of development for land located within its ETJ or Town limits, 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 property to the town. The Town shall comply with all requirements of state law in processing a request for a Development Agreement.
(Ordinance 21-0513C, sec. 7, adopted 5/13/21)
§ 4.10 Utility Service Extension.
A request for approval of a Utility Service Extension shall be required where a property owner seeks water or wastewater services from the Town for a proposed project that will be located within the Town's ETJ at the time of the proposed extension and subsequent development. Any application for a Utility Service Extension shall be accompanied by a request for voluntary annexation. The Town shall comply with all requirements for state law in processing a request for a Utility Service Extension.
(Ordinance 21-0513C, sec. 7, adopted 5/13/21)
§ 4.11 Appeals.
A.
Purpose and Applicability.
The purpose of an appeal is to contest an initial decision on a development application based upon alleged misapplication of the regulations contained within this UDC and the criteria for approval of the 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 Town Council indicated within the procedures for each application. The determination 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, or any marshal, officer, department, board of the Town may appeal a decision on a development application to the Board, Commission or Town 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 Town 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 Town Manager or his/her designee within ten (10) working days from 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 Town Manager or his/her designee for processing of the development application being appealed. Upon receipt of a written appeal, the Town Manager or his/her designee shall compile all documents constituting the record of the decision subject to appeal and transmit the record to the Board, Commission or Town 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 Town 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 Town Manager or his/her designee certifies in writing to the Board, Commission or Town 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 Board, Commission or Town Council responsible for consideration of the appeal or a court of record, on application, after notice to the Town Manager or his/her designee, for due cause shown.
4.
Decision on Appeal.
The Board, Commission or Town Council responsible for consideration of the appeal shall hold a public hearing and decide the appeal within thirty (30) days of written receipt of the request for the appeal. The Board, Commission, or Town Council responsible for consideration of the appeal shall affirm, reverse or modify the decision from which the appeal was taken.
D.
Criteria for Approval.
In deciding the appeal, the Board, Commission, or Town Council responsible for consideration of the appeal shall apply the same criteria that govern the initial decision on the development application under the provisions of this Article.
E.
Expiration and Extension.
For purposes of determining expiration or extension periods under this UDC, the date the Board, Commission or Town Council responsible for consideration of the appeal grants relief on the appeal is the date on which the development application is deemed approved.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 23-0126B adopted 1/26/2023)
§ 4.12 Public Infrastructure Improvement Construction Plans and Community Facilities Agreements.
A.
Applicability.
Every subdivision or development which requires the installation of public infrastructure improvements to serve the proposed subdivision or development are 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 Town 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.
B.
Application Requirements.
Any request for approval of construction plans shall be accompanied by an application prepared in accordance with the application requirements of the Town. The form and content of the construction plans is outlined in the Engineering Design Manual (EDM).
C.
Processing of Application and Decision.
1.
Submittal.
An application for approval of construction plans shall be submitted to the Town Manager or his/her designee prior to application for final plat. The Town Manager or his/her designee shall transmit the plans to the appropriate Town Departments and consultants for review. The Town Manager or his/her designee shall provide written notification of any items requiring correction or attention within thirty (30) days after submittal of a complete application.
2.
Decision by the Town Manager or his/her designee.
The Town Manager or his/her designee shall be responsible for the final approval of any construction plans and may approve, approve with conditions, or deny the application. The Town Manager or his/her designee shall issue approval, approval with conditions, or denial of any proposed construction plans prior to approval of a final plat. Once the construction plans are approved, the property owner shall provide additional sets of the approved plans to the Town, as required by the Town Manager or his/her designee, for use during construction. A full set of the Town-approved and stamped construction plans must be available for inspection on the job site at all times.
3.
Revisions to Construction Plans.
If the conditions of approval require revision(s) to the construction plans, one set shall be marked with objections noted (on the plans themselves and/or 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 Town Manager or his/her designee. The Town Manager or his/her designee shall approve or deny the revised set of plans.
4.
Appeals.
Any person or persons aggrieved by any decision of the Town Manager or his/her designee, or any taxpayer or any officer, department, board of the Town may appeal the decision of the Town Manager or his/her designee to the Town Council and shall be decided prior to action on a Final Plat. An appeal of the Town Manager or his/her designee's 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 Town Manager or his/her designee, or the Town 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;
3.
The plans have been reviewed and approved by the Town Manager or his/her designee.
4.
The plans meet the requirements set forth in the EDM.
E.
Timing of Public Infrastructure Improvement Construction.
1.
Completion Prior to Final Plat Recordation.
Except as provided below, after approval of a preliminary plat and before an approved final plat is recorded, 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, roadway and park improvements, shall be completed in accordance with the approved public infrastructure improvement construction plans. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall also be completed prior to recordation of the final plat in accordance with the approved construction plans.
2.
Installation after Final Plat Recordation.
The property owner or applicant may request to defer the obligation to construct and install one or more public improvements to serve the subdivision until after final plat recordation. 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 community facilities 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 Town by a deed approved by the Town Attorney.
F.
Community Facilities Agreement.
1.
Obligations under Agreement.
Whenever public improvements to serve the development are deferred until after recordation of the final plat, the property owner shall enter into a community facilities agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area improvements, no later than two (2) years following the date upon which the final plat is approved. The agreement shall be subject to review and approval by the Town Attorney and Town Manager or his/her designee, and shall be approved by the Town Manager or his/her designee. The agreement shall contain the following provisions:
a.
Covenants to complete the improvements;
b.
Covenants to warranty the improvements for a period of two (2) years following acceptance by the Town;
c.
Covenants to provide a maintenance bond in the amount of one hundred (100%) percent of the costs of the improvements for such period;
d.
Provisions for participation in the costs of the improvements by the Town, if authorization has been obtained from the Town Council, and a performance bond for such improvements from the contractor, with the Town as a co-obligee;
e.
Such other terms and conditions as are agreed to by the property owner and the Town, or as may be required by this UDC.
2.
Covenants to Run with the Land.
The community facilities agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing lienholders shall be required to execute the agreement or provide written consent to the covenants contained in the agreement. The Town shall deliver a release to bona fide third party purchasers of individual lots when all required public improvements have been accepted by the Town.
G.
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. The security shall be in the form of one of the following:
a.
A cash escrow with the Town;
b.
A performance bond provided by a licensed surety company;
c.
A certificate of deposit issued by any financial institution which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation assigned to the Town and providing for the Town to withdraw the deposit if necessary to complete construction.
d.
A trust agreement in a form approved by the Town Attorney.
2.
Amount and Acceptability.
The security shall be issued in the amount of one hundred (100%) percent of the cost estimate approved by the Town Manager or his/her designee for all public improvements associated with the subdivision. The terms of the security agreement shall be subject to the approval of the Town Attorney.
3.
Building Permits.
No building permit shall be released until all public improvements within the development have been accepted by the Town.
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 Town 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 the security and complete the improvements itself or through a 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;
d.
Pursue any and all other remedies available to the Town under applicable law.
H.
Inspection and Acceptance of Public Improvements.
1.
Inspections.
Construction inspection shall be supervised by the Public Works Department or designated inspections firm. 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 Town Manager or his/her designee. If the Town Manager or his/her designee finds 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 Town shall not accept dedication of required public improvements until the applicant's engineer has certified to the Town Manager or his/her designee, through submission of a sealed, detailed "as-built" record drawing or 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.
One or more sets of full-size plans.
b.
Electronic (digital) copies of all plans in 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 Town to include information regarding: linear feet of streets, public drainage, sewer lines and water lines.
3.
Acceptance of Improvements.
When the Town Manager or his/her designee has determined that the public improvements have been installed in accordance with the approved construction plans, the Town Manager or his/her designee shall accept such improvements on behalf of the Town. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the Town for use and maintenance. The Town Manager or his/her designee may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of the other improvements. Upon acceptance of the required public improvements, the Town Manager or his/her designee shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed.
4.
Disclaimer.
Approval of a preliminary or final plat by the Town Council 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 Town except in accordance with this section.
I.
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 two (2) years following acceptance by the Town of all required public improvements and shall provide a maintenance bond in the amount of one hundred (100%) percent of the costs of the improvements for such period. All public improvements located within an easement or right-of-way shall be bonded.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 23-0126B adopted 1/26/2023)
§ 4.13 Building Permits.
A.
Applicability.
An application for a building permit is required within the Town corporate limits, or where provided for in a development agreement, in the Town's 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 an application for a building permit also authorizes the property owner, upon completion of a structure intended for human occupancy, to make application for a certificate of occupancy.
B.
Application Requirements.
Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the Town. The Town Manager or his/her designee shall be responsible for determining the form and content of the building permit application.
C.
Processing of Application and Decision.
1.
Submittal.
An application for a building permit shall be submitted to the Town Manager or his/her designee. The Town Manager or his/her designee shall review the application for completeness in accordance with section 4.2. The Town Manager or his/her designee shall review the permit for compliance with all adopted building codes and regulations and shall provide written notification of any items requiring correction or attention within forty-five (45) days after submittal of a complete application.
2.
Decision by the Town Manager or his/her designee.
The Town Manager or his/her designee may approve, approve with conditions, or deny the building permit.
D.
Appeals.
Any person or persons aggrieved by any decision of the Town Manager or designee, or any taxpayer or any officer, department or Board of the Town may appeal the decision to the Board of Appeals.
E.
Criteria for Approval.
The Town Manager or his/her designee shall apply the following criteria 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 on the property is in accordance with all prior approved development applications.
3.
The proposed plan for construction or alteration conforms to the Building Code and other applicable construction codes adopted by the Town.
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.
6.
All public infrastructure required has been installed and accepted by the Town.
F.
Issuance.
No building permit shall be issued on property that is not a lot of record with the following exceptions:
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 7, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)