Letters of certification.
A. Certifying entities.
1. Prior to filing an application for Plat approval, the Subdivider must receive a Letter of Certification from the following entities:
(i) City of Bee Cave City Engineer;
(ii) City of Bee Cave Planning Director;
(iii) Travis County, for plats in the ETJ; and
(iv) Any Water, Wastewater, Electric, and/or Gas utility provider, as applicable.
2. A valid request for a Letter of Certification from the City consists of the submission materials required by the Code for that Application, with an Application form approved by the City. A request for a Letter of Certification from an entity other than the City must include documents required by the entity and be submitted in a form required by the entity.
B. The applicant must provide copies of letters from all applicable utility and Public Facility providers stating that each utility company has reviewed the application and stating any requirements, including easements, they may have. Applicant shall demonstrate that they have adequate utility service available by providing a letter or contract from the applicable utility stating that the property subject to the application is entitled to and may receive utility service sufficient to meet the needs of the Development as proposed in the Preliminary Plat application. The City will not accept an Application for a Plat or Subdivision-Related Plan without a Letter of Certification from each applicable utility stating that the property subject to the application is entitled to and may receive utility service sufficient to meet the needs of the Development.
C. After receiving a Letter of Certification request, the City will review the application for completeness.
D. The City will either issue or deny a Letter of Certification within sixty (60) days. When the City determines that the proposed application or any of the required accompanying data does not conform to the requirements of this UDC or other applicable regulations, ordinances, or laws, the applicant may choose to revise the Application. If any data is revised and resubmitted, the City will issue or deny a Letter of Certification no later than forty-five (45) calendar days from the latest date of resubmission. If the City does not issue or deny a Letter of Certification within the time periods prescribed in this subsection D, the Letter of Certification will be deemed issued by the City. The City has no control over and will not act on behalf of the Subdivider to compel another entity to issue a Letter of Certification if the entity refuses to issue the Letter.
E. The Letter of Certification request is a process for compiling a technically complete Application for Plat review. In considering approval of a Letter of Certification, the City will consider whether the request complies with applicable regulations, ordinances and laws including, but not limited to, the Technical Manuals, the UDC, and the Code of Ordinances.
F. A Letter of Certification does not authorize any Subdivision or Development activity, and a Letter from the certifying entity is only a recommendation as to whether the proposed Subdivision or Development activities would comply with the applicable development requirements.
G. A Letter of Certification will remain valid for one (1) year from the date of issuance by the certifying entity. After one year, the Subdivider must obtain a new or updated Letter of Certification to file an Application with the City. Each new proposed Application to be filed will be required to obtain a new Letter of Certification prior to Application submittal.
H. A Letter of Certification may be amended prior to filing an Application if the proposed amendment:
1. Does not increase the number of lots subject to the Application; and
2. Does not increase by more than five percent (5%) the lineal footage of roadways or the areas within the paved surface of the street right-of-way or alter the location such roadways connect to the existing roadway network; and
3. Does not increase by more than five percent (5%) the anticipated impervious cover, alter the location of stormwater detention or discharge or alter any resulting calculated stormwater value; and
4. Does not increase by more than five percent (5%) the anticipated water and wastewater demand, or increase lineal footage of water or wastewater lines by more than five percent (5%).
I. Letters of Certification pursuant to this Section are required for filing an application under
§ UDC-1.4.2A.1.(i).
General application processing.
A. Application initiation.
1. For the purposes of this Subsection 1.4, an Application to develop real property includes the following:
2. Initiation by owner or owner's agent.
(i) Unless otherwise specified by this UDC, any petition or application other than an amendment to this UDC may be initiated only by the property owner, owner or owners of an interest in the land, or by the owner's designated agent (collectively, the "applicant").
(ii) If the applicant is a designated agent, the Application must include a written statement from the property owner authorizing the agent to file the Application on the owner's behalf.
(iii) The City may require submission of documents to provide evidence of ownership or agency.
3. Initiation by the City.
B. General application content.
1. The City is hereby authorized to prepare application forms that include requirements for information, checklists, architectural or engineering drawing sizes and contents, contact information for the property owner, applicant, technical consultants, and Letters of Certification, as set out in
§ 1.4.1: Letters of certification, and any other information necessary to review the application for compliance with City codes.
2. The applicant is responsible for submitting the application by the deadline indicated on the City's published Development Schedule.
3. The Planning Director is responsible for maintaining the application forms and making them available to the public.
4. The application forms may be revised or changed at any time without notice consistent with the UDC.
C. Application fees.
1. Every application must be accompanied by the prescribed fees set forth in the adopted Fee Schedule.
2. Unless written authorization is granted by the Planning Director for an application submitted in error, the fee is not refundable.
3. The Fee Schedule may be amended from time to time per procedures established by the City Council.
4. The fees published in the Fee Schedule are intended to cover and be roughly proportional to a reasonable estimate of the costs the City incurs in processing an application, including the publication of public notices, staff time for engineering and plan review, and other administrative costs. The City incurs these costs regardless of whether the application is approved or denied.
D. Payment of all indebtedness attributable to the subject property.
1. No application will be accepted or reviewed for completeness from a property owner owing delinquent taxes, assessments, fees, or other debt to the City, County, or State related to the property subject to the application until the property owner pays the owed amount, or makes an arrangement for payment.
2. It is the applicant's responsibility to provide evidence or proof that all taxes and fees have been paid, or that other arrangements have been made for payment of said taxes, fees, etc.
E. Application considered complete.
1. Pursuant to TLGC Section 245.002(a), the date the application was initially filed for Review of Administrative Completeness by the City becomes the Official Vesting Date for the purposes of permitting related to an application for Plat, Subdivision and related Plans, including Construction Plans.
2. The applicant may submit a Waiver of 30-day Action under TLGC Section 212.009(b-2). If approved by the corresponding decision maker, the Waiver extends the review process for up to 30 additional days.
3. For an application made under the 30-day action process, the Official Submittal Date 30-day process begins on the date the Planning Director issues a Certificate of Completeness to the applicant. The City will not consider an application complete until the Planning Director determines that the application is complete and issues a Certificate of Completeness subject to the limitations of subsection E.5, below.
4. An application will expire on the 45th calendar day after the date the City first receives the application if:
(i) The Planning Director provides to the applicant, no later than the 10th business day after the date the City first receives the application, written notice of the incomplete application specifying the necessary documents or other information, and the date the application will expire if the documents or other information are not provided; and
(ii) The applicant fails to provide the specified documents or other information within the time provided in the notice.
5. An application that does not include all required information and materials within the time frames specified above will be considered incomplete, will not be accepted for official submission by the City, and will not be scheduled on a Planning and Zoning Commission or City Council agenda until the proper information is provided to City staff.
F. Expiration of application. A completed application for zoning change will expire if approval by the City Council does not occur within one hundred and eighty (180) calendar days from the date the application was deemed complete.
G. Failure to provide a certificate of completeness. Failure by the Planning Director to issue a Certificate of Completeness or provide the applicant written notice of the incompletion (Subsection E.4(i) above) no later than the tenth (10th) business day after the date the City first receives the application, means the application is complete, and the Official Submission Date is the 10th business day after the date the City received the application.
H. Submission of plat application. See
§ 2.2.1: Applicability, completeness, and expiration for additional details regarding the submittal and approval criteria for Plats, Subdivisions, and related Plans, including Construction Plans.
I. Modification to an application.
1. The City will allow the applicant to modify a complete application according to the following process:
2. Modification requested by City to an application under 30-day action process.
(i) If the applicant makes the modification at the request of the City to address an aspect of a Plan, Plat, or Permit that does not conform with the UDC, and the City receives the modified plans within thirty (30) days of the Official Submission Date, then the Decision-Making Body (see
§ 1.2.5: Summary of approval authorities and public notice) will make a decision on the application on the basis of the modified application.
(ii) Failure by the applicant to provide requested modifications may result in the application being approved with conditions or denied.
3. Modification requested by City to an application if 30-day action waived.
(i) If the applicant makes the modifications requested by the City, the application will follow the City's published Development Schedule.
(ii) Failure by the applicant to provide requested modifications may result in the City withholding the application from consideration by the Planning and Zoning Commission and City Council, recommending approval with conditions, or recommending denial.
(iii) Once the applicant has made all modifications and there are no outstanding modifications, staff will schedule the application for the next Planning and Zoning Commission meeting.
4. Modification not requested by the City.
(i) Unless otherwise specified, in all other instances (such as the applicant choosing to submit a revised application because of a change in development decisions), a modified application submittal will extend the time for making a decision on the application for a period equal to the time specified in this UDC to decide the original application.
(ii) The time extension for deciding the application commences on the date the modified application is submitted and determined complete.
(iii) If the application is for a plat or a subdivision and related plans, including Subdivision Construction Plans, a modified application may either be accompanied by a properly executed Waiver of 30-day Action, or the modified application will be considered a new application for the purposes of 30-day action (see Subsection E.3 above).
General notification requirements.
In accordance with the requirements shown in Table 1.2-1 Summary of approval authorities and public notice, public hearing notice shall be made as follows:
A. Mailed property owner notice.
1. When mailed property owner notice is required, written notice of all public hearings before the Planning and Zoning Commission and City Council shall be sent to all owners of real property within two hundred (200) feet of the subject property of the Application based on
Table 1.2-1, Summary of Approval Authorities, Public Notice, and Appeals as may be modified by the Section Reference listed in the Table.
2. Such notice shall be given not fewer than eleven (11) calendar days before the date of the Board or Commission public hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.
B. Newspaper published notice. When newspaper public notice is required, notice of the time and place of the public hearing must be published in a newspaper of general circulation in the City at least sixteen (16) days before the date of the public hearing before City Council and not fewer than eleven (11) calendar days before the date of the public hearing before the Zoning Board of Adjustment.
See
Section 1.4: Application Submittal Procedures for complete, detailed information.
