3.04.01 Preapplication Conference.
Prior to submission of an application, a preapplication conference between the applicant and the City Manager is recommended. A preapplication conference is a meeting between a potential applicant under this Code and the City Manager or his designee. The conference is an opportunity for an applicant to describe the development that will be submitted and for the City Manager to explain the development process (i.e., which application is appropriate, which review body is responsible for final action, what the potential timelines for review may be, and what criteria will be used to determine whether the application may be approved). Completion of a preapplication conference does not imply or indicate subsequent City approval of the permit or application.
3.04.02 Application Forms and Fees.
The following regulations shall apply to all applications.
A. Forms.
1. Applications required under this Code shall be submitted on forms, with any requested information and attachments, and in such numbers, as required by the City and/or indicated in the Administrative Procedures Manual. The City Manager shall have the authority to request any pertinent information required to ensure compliance with this Code.
2. The City Manager must make any submission requirements and applicable fee requirements available to the applicant as a part of the Administrative Procedures Manual.
3. The City Council may, from time to time, adopt by resolution specific forms and submission requirements. Such resolution shall be incorporated as an Appendix to this Code.
4. Submission Requirements
5. Development applications shall be prepared and submitted in a format acceptable to the City Manager.
B. Fees.
1. Development and permit application fees shall be established from time to time by ordinance of the City Council.
2. All required fees shall be made payable to “The City of Liberty Hill”, by local check, money order, or cashier’s check.
3. An applicant who has paid the appropriate fee pursuant to submission of an application, but who chooses to withdraw such application prior to the formal written notification of completeness or incompleteness, shall be entitled to a refund of fifty (50) percent of the total amount paid upon written request to the City. The application fee required for all policy or legislative applications is not refundable.
3.04.03 Application Deadline.
All applications shall be completed and submitted to the City Manager in accordance with the Administrative Procedures Manual. An application shall not be considered as officially submitted or filed until it is determined to be complete as specified below.
3.04.04 Determination of Application Completeness.
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.
3.04.05 Expiration of Inactive Permits and Approvals.
Approvals and permits issued pursuant to this Code shall expire according to the following Table 3-2. The following general provisions apply:
A. Notification of the expiration of regulations shall be provided to the applicant as part of the notification of approval of the development-related permit.
B. 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.
C. 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:
D. A complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued.
E. In case of projects where more than one building or phase is to be built, the applicant may submit a series of building permit applications. The first application must be submitted within twelve (18) [sic] months from the date site plan approval is granted. Each subsequent application must be submitted within twelve (18) [sic] months from the date of issuance of a certificate of occupancy for the previous building or phase.
F. A lapse of a period equal to or greater than the period set forth in Table 3-2 shall cause the related approvals or permits to expire and be of no further force and effect.
G. 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.
H. Reinstatement of a lapsed approval shall require the applicant to pursue the same submittal and to obtain approval as an original application.
I. Any minor plat, replat, amending plat, preliminary plat, final plat, concept plan (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.
See
Table 3-2 for Expiration of Inactive Permits or Approvals.
3.04.06 Written Decision after Final Action.
Within ten (10) days after a final decision is made by the authority authorized to make the final determination under the requirements of this Code, a copy of the written decision will be sent to the applicant. A copy of the notice will be filed at the Office of the City Manager, where it will be available for public inspection during regular office hours. The written decision will also state the final action authority’s findings, conclusions, and supporting reasons or facts whenever this Code requires such findings as a prerequisite to the final action.
3.04.07 Limitation on Reapplication.
If any development permit application or other application for approval, any petition for a plan amendment or any petition for an amendment to this Code is disapproved by the final action authority, another application or petition for the same permit, approval, or amendment for the same property or any portion thereof may not be filed within a period of ninety (90) days or within a period of twelve (12) months for zoning change applications from the date of final disapproval, except with written approval of the City Council. Such reapplication must demonstrate:
A. 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
B. 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
C. 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
D. The final decision on the application was based on a material mistake of fact.
