Applicability, completeness, and expiration.
A. Applicability.
The following procedures apply to any Plat or [of] a Subdivision and related Plans, including Construction Plans or application that is required by the City in this Section and is submitted in accordance with this UDC (see
Table 2.2-1: Statutory Time Limits and Vesting for Plat Applications).
B. Certificate of completeness for subdivision-related applications.
Every required application requires a Certificate of Completeness by the Planning Director (see
Table 1.2-1: Summary of Approval Authorities, Public Notice).
1. Acceptance standards. The application shall only be accepted by the Planning Director for processing when it is submitted in accordance with any established development application calendar for official submittal dates, and accompanied by all documents required by, and prepared in accordance with, the requirements of this UDC. A typographical error shall not, by itself, constitute an incomplete application.
2. Payment of applicable fees and provision of tax certificates. The Subdivider shall pay all required fees and provide the City original tax certificates from each taxing unit with jurisdiction of the real property showing the current taxes are paid prior to issuance of a Certificate of Completeness.
3. Acceptance procedures. A review of an Application for issuance of a Certificate of Completeness shall be conducted in accordance with the following procedures:
(i) A Certificate of Completeness shall be issued by the Planning Director not later than the tenth (10th) business day, unless otherwise specified, after the Official Submittal Date.
(ii) If the submitted application is incomplete, then the Subdivider shall be notified in writing not later than the tenth (10th) business day after the Official Submittal Date.
(1) Such notice shall be served by mail via the U.S. Postal Service, or by electronic mail transmission, not later than the tenth (10th) business day following submission of the application.
(2) The notification shall specify the documents or additional information needed to complete the application, and shall state the date the application will expire if the requested documents or information are not submitted (see Subsection E. below).
(iii) An application shall be deemed complete on the eleventh (11th) business day after the application has been received if notice is not served in accordance with b. above.
(iv) If the application is determined to be complete, the application shall be processed as prescribed by this UDC.
4. Acceptance shall not constitute compliance.
A Certificate of Completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.
5. Acceptance shall not guarantee approval.
There is no implied intent or guarantee that an accepted and completed application will be approved, if after the application is deemed complete, it is determined that the application does not comply with this UDC.
6. Effect on prescribed statutory processing deadlines.
For the purposes of the processing timelines described in TLGC Chapter 212.009, such as processing timelines for 30-day approval, conditional approval or disapproval of subdivision-related plats and plans shall begin on the date the Certificate of Completeness is issued. The date the application is deemed complete shall be considered the "filed" date for the purpose of TLGC Chapter 212.009.
C. Re-submittal after notification of incompleteness.
1. If the application is re-submitted after a Notification of Incompleteness, the application shall be processed upon receipt of the re-submittal. The re-submittal shall be submitted in accordance with the official Submittal Calendar.
2. The statutory 30-day time frame for Plat approvals shall begin on the date the re-submitted application is deemed complete and all prerequisite applications and processes have been approved, based upon any submission date calendar adopted to establish the Official Submittal Date. If any Subdivision Relief Procedure (see
Section 2.6: Subdivision Relief Procedures) is requested, the 30-day time frame for Plat approvals shall not begin until such Subdivision Relief Procedure is approved, disapproved, or withdrawn.
3. To the extent that the information or documents submitted is not sufficient to enable the Planning Director or Planning and Zoning Commission to apply the criteria for approval, the application may be denied on such grounds.
D. Waiver of right to 30-day action for subdivision plats.
The Planning & Zoning Commission shall be responsible for approving a Waiver of Right to 30-Day Action for Subdivision Plats.
1. Request. An applicant may submit in writing a Waiver of Right to 30-Day Action, not to exceed an extension of 30 days in accordance with TLGC Section 212.009. The Subdivider must withdraw the application and submit a new application in order to delay an action by the Planning Director or Planning and Zoning Commission beyond a 30-Day extension.
2. Receipt of waiver - timing and effect on decision.
(i) If the Subdivider requests a Waiver of Right to 30-Day Action, the Waiver must be received by the Planning Director on or before the seventh (7th) calendar day prior to:
(1) The Planning and Zoning Commission meeting at which action would have to be taken per TLGC Section 212.009 on the application, or
(2) The date by which the application would be administratively approved per TLGC Section 212.009, based on the applicable deadline shown on the published Development Schedule.
(ii) Waiver requests that are not received on or before the seventh (7th) calendar day prior to the deadline for action specified in
§ UDC-2.2.1D.2.(i) shall not be considered properly submitted. Action shall be taken on the application, which may include conditional approval or disapproval, by the deadline as scheduled.
3. Requirements maintained.
(i) Submission of a Waiver of Right to 30-Day Action, and acceptance of such waiver by the City as part of an application, shall not be deemed in any way a waiver to any requirement within this UDC.
(ii) A waiver from requirements herein is a separate and distinct process (see
§ 2.6.1: Petition for subdivision waiver).
E. Waiver of right to 30-day action for subdivision-related plans, reports, analyses and studies.
The Planning & Zoning Commission shall be the Responsible Official to approve a Waiver of Right to 30-Day Action for Subdivision-Related Plans, including Construction Plans, Reports, Analyses and Studies.
1. Request. The Subdivider may submit in writing a Waiver of Right to 30-Day Action not to exceed an extension of 30 days. The Subdivider must withdraw the Application and submit a new Application in order to delay an action by the Planning Director or the Planning and Zoning Commission beyond a 30-day extension.
2. Received.
(i) If the Subdivider requests a Waiver of Right to 30-Day Action, the Waiver must be received by the Planning Director on or before the seventh (7th) calendar day prior to the deadline by which action upon the application is required, per TLGC Section 212.009.
(ii) Waiver requests that are not received on or before the seventh (7th) calendar day prior to the deadline by which action upon the application is required, as specified in
§ UDC-2.2.1E.2.(i) shall not be considered properly submitted, and action shall be taken on the application as scheduled.
3. Requirements maintained. Submission of a Waiver of Right to 30-Day Action, and acceptance of such waiver by the City as part of an application, shall not be deemed in any way a waiver to any requirement within this UDC. A waiver from requirements herein is a separate and distinct process from the Waiver of Right to 30-Day Action, (see
§ 2.6.1: Petition for subdivision waiver).
F. Automatic expiration of a subdivision-related application - before approval decision.
Pursuant to TLGC Chapter 245, an application related to a Subdivision will automatically expire and end all vesting claims at the close of business on the forty-fifth (45th) calendar day after the application's Official Vesting Date, if:
1. The Subdivider fails to provide documents or other information necessary to assess compliance with the City's technical requirements relating to the form and content of the permit application;
2. The City provides to the Subdivider, not later than the tenth (10th) business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information are not provided; and
3. The Subdivider fails to provide the specified documents or other information necessary to assess compliance with the City's requirements relating to the application within the time provided in the notification.
G. Filing date for plat applications.
The statutory 30-day time frame for Plat approvals, established by TLGC Section 212.009, shall commence on the date the application is deemed complete. The date the application is deemed complete shall be considered the "filed" date for the purpose of TLGC Section 212.009.
H. Right to 30-day action for subdivision-related plans, reports, analyses and studies applications begins on the official submittal date.
The statutory 30-day time frame for Subdivision-Related Plans, Reports, Analyses and Study approvals and 15-day time frame for approvals following re-submission, established by TLGC Section 212.009, shall commence on the date the application is deemed complete and all prerequisite applications and processes have been approved following the Official Submittal Date. The date the application is deemed complete shall be considered the "filed" date for the purpose of TLGC Section 212.009.
Actions and notification following subdivision application decision.
A. Action by the responsible official.
1. The Planning Director shall initiate City review and assessment of the application following the City's development review procedures, consistent with TLGC Chapter 212 and Chapter 245.
2. The Planning Director shall also, to the extent possible, work with the Subdivider by advising on and communicating revisions that may be necessary to bring the application into compliance with City regulations in preparation for consideration by the Decision-Maker (see
Table 1.2-1: Summary of Approval Authorities, Public Notice).
B. Decision.
The Decision-Maker for the application shall approve, approve with conditions, or deny the application within the time period prescribed by the UDC.
C. Conditions attached.
Pursuant to TLGC Section 212.009, the Decision-Maker may attach such conditions to the approval of an application as are reasonably necessary to ensure compliance with all applicable requirements of these Subdivision Regulations and Development Standards, in which case the application is considered denied until the conditions are satisfied.
D. Notification of decision.
The City will issue written notice within fourteen (14) calendar days following the date of a decision on an application.
E. Notification of appeal. If the Subdivider appeals the final decision on an application following a public hearing, or whenever the City is to consider revocation of an application which was obtained following a public hearing, personal notice of the appeal or revocation proceeding shall be provided to the Subdivider.
Amendments or revisions to or expiration of approved subdivision applications.
A. Amendments/revisions to an approved subdivision application.
Unless another method is expressly provided in the UDC, any request to amend or revise an approved application becomes 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 City.
B. Expiration of an approved subdivision application.
1. Subdivision application expiration - two (2) years. Unless otherwise expressly provided in the UDC, an approved application will automatically expire two (2) years following the approval date of the application (see
§ UDC-2.4.1G, Expiration Date for Subdivision Construction Plans for expiration of Subdivision Construction Plans), and all activities under the application thereafter are in violation of the UDC, if:
(i) The applicant fails to satisfy any condition of the UDC or as part of the approval of the application or under the terms of an Improvement Agreement, within the time limits established for satisfaction of such condition or term; or
(ii) The applicant fails to submit a subsequent complete application required by the UDC within the time so required; or
(iii) An Improvement Agreement (see
§ UDC-2.1.4C) is not approved for the Subdivision.
2. Applications with no time limit. If no time limit for satisfaction of conditions is specified in the decision on the application or in the regulations governing, the presumed time is two (2) years following the approval date.
C. Effect of expiration.
1. Upon the expiration of an approved application, all previously approved applications for the same land will also expire on the expiration date if the filing of an application was required to avoid expiration for the previously approved applications.
2. Thereafter, a new application must be submitted for consideration and approval subject to regulations in effect at the time the new application is filed.
