A. Purpose. The purpose of a petition for a Subdivision Waiver to a standard or requirement under Section 2.5: Subdivision Design Standards, is to determine whether an applicable standard or requirement constitutes an undue hardship to a Developer or Subdivider and whether a waiver of the standard or requirement is appropriate.

B. Decision-maker. After review and recommendation from Planning Director, City Engineer, and the Planning and Zoning Commission, the City Council shall decide a Subdivision Waiver.

C. Subdivision waiver applicability. 

1. Waiver of standard or requirement.

(i) The Subdivider may request a Subdivision Waiver of a specific standard or requirement applicable to a Preliminary Plat or Subdivision Construction Plans; or where no Preliminary Plat application is required, to a Development Plat, Final Plat, or a Replat.
(ii) A Subdivision Waiver petition must be specific in nature and only involve relief consideration for one specified standard or requirement.
(iii) A Subdivider may submit more than one Subdivision Waiver petition if there are several standards or requirements at issue and the petitions may be cross referenced as necessary.
(iv) If the City and Subdivider determine there is a need for a waiver, and no Waiver of Right to 30-Day Action has been submitted to the City in accordance with subsection 2.2.1.D, the Plat or Construction Plan application listed in subsection 2.6.1.C.1(i), as applicable, will automatically become forwarded to the Planning and Zoning Commission with a recommendation for denial.
 

2. Waiver petition acceptance.

(i) The City will not accept petition for a Subdivision Waiver in lieu of:

(1) A Subdivision Proportionality Appeal (subsection 2.6.2), or
(2) A Subdivision Vested Rights Petition (§ 1.5.1: Vested rights petition).

(ii) If there is a question as to whether a Subdivision Proportionality Appeal or Subdivision Vested Rights Petition is required instead of a Subdivision Waiver petition, the Planning Director will make the determination. The Planning Director's decision may be appealed to the City Council.
 

1. Written waiver request with application.

(i) The Subdivider must submit a request for a Subdivision Waiver in writing along with their Application for a Letter of Certification Application, as applicable.
(ii) The Planning Director may require that a Pre-Application Meeting take place between the City and the Subdivider prior to submittal of the written request.
(iii) The Planning and Zoning Commission will not make a recommendation on a Subdivision Waiver unless the Subdivider has made a written request.
(iv) The City Council will not consider or grant a Subdivision Waiver unless the Subdivider has made a written request.

2. Grounds for waiver. The Subdivider's request must state the grounds for the Subdivision Waiver request and the facts relied upon by the Subdivider.
 

E. Subdivision waiver criteria. See § UDC-2.6.1E
 

F. Burden of proof. The Subdivider bears the burden of proof to demonstrate that the requirement for which a Subdivision Waiver is requested, if uniformly applied, imposes an undue hardship or disproportionate burden on the Subdivider. The Subdivider must submit the burden of proof with the original request for the request to be considered complete.

G. Subdivision waiver decision. See § UDC-2.6.1G
 

H. Notification of decision on petition - 14 days. The Subdivider shall be notified of the decision on the Subdivision Waiver within fourteen (14) calendar days following the decision.

I. Effect of approval.

(i) Following the granting of a Subdivision Waiver, the Subdivider may submit or continue the processing of a Plat or Subdivision Construction Plans, as applicable.
(ii) The Planning Director or City Engineer may require a Pre-Application Meeting prior to the filing of an application for Plat or Subdivision Construction Plans so that staff can review the impact of the Subdivision Waiver decision on the application.
 

2. Expirations. The Subdivision Waiver will remain in effect for the period the Plat or Subdivision Construction Plans are in effect and will expire upon expiration of either or both of those applications.
3. Extensions. Extension of the applications listed in § UDC-2.6.1I.2 will also result in extension of the Subdivision Waiver (see § UDC-2.4.1H, Extension of Subdivision Construction Plans beyond Expiration Date).

Subdivision proportionality appeal.

1. Purpose. The purpose of a Subdivision Proportionality Appeal is to provide a means of relief from a requirement for dedication, construction, payment of a fee, other than an impact fee authorized by Chapter 395 of the Texas Local Government Code, while ensuring that the imposition of uniform dedication, construction, and fee standards to a proposed Subdivision does not result in a disproportionate burden on the Subdivider, taking into consideration the nature and extent of the demands created by the proposed development on the City's roadways and Public Facilities systems.

2. Applicability.

(i) An applicant may file a petition for relief under this section, Subdivision Proportionality Appeal and TLGC Section 212.904 to contest any requirement to dedicate land or to construct Public Facilities as required by this UDC, other ordinance, or attached as a condition to approval of the application for Subdivision Construction Plans.
(ii) A petition under this subsection may not be used to waive standards on grounds applicable to any Subdivision Waiver application, as outlined in § 2.6.1: Petition for subdivision waiver.
 

1. Form of petition. The petition for relief from a dedication, construction, or fee requirement must demonstrate that the standard relating to the requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City's storm drainage, parks or transportation system, or does not reasonably benefit the proposed Subdivision.

2. Study required. The Subdivider must provide a study in support of the petition for relief that includes the following information:

(i) Capacity utilized.

(1) An assessment of total capacity of the City's storm drainage, parks or transportation system, including bicycle and pedestrian facilities, to be utilized by the proposed Subdivision, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the Subdivision.
(2) If the Subdivision is to be developed in phases, the information identified in Subsection (i)(1), above, must be provided for the entire Subdivision proposed, including any phases already developed.

(ii) Capacity supplied.

(1) An assessment of total capacity to be supplied to the City's storm drainage, parks, or roadway system by the proposed dedication of an interest in land or construction of Public Facilities.
(2) If the application is part of a phased development, the information must include any capacity supplied by prior dedications or construction of Public Facilities.

(iii) Capacity comparison.

(1) A comparison of the capacity of the City's Public Facilities system(s) to be consumed by the proposed Subdivision with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of Public Facilities, or payment of a fee.
(2) In making this comparison, the impacts on the City's Public Facilities system from the entire Subdivision will be considered.

(iv) A determination of potential City participation in the costs of oversizing the Public Improvement to be constructed in accordance with the City's requirements, and the outcomes of such participation.
(v) Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the City.
 

(i) The Subdivider must file the petition for relief from a dedication, construction, or fee requirement with the City Engineer within fifteen (15) business days following the decision to conditionally approve or deny an application under this Article 2.
(ii) The Subdivider must file the study in support of the petition within sixty (60) calendar days following the City Engineer's initial decision, unless the Subdivider requests an extension in writing.
(iii) The City Engineer may extend the time for submitting the study for a period not to exceed an additional thirty (30) calendar days for good cause shown.
 

4. Land in extraterritorial jurisdiction (ETJ).
Where land or facilities to be dedicated are located in the ETJ of the City and are to be dedicated to the County, a petition for relief or study in support of the petition will be accepted as complete for review by the City Engineer only when such petition or study is accompanied by verification that a copy has been delivered to, and accepted and approved by the County, as applicable.
 

C. Processing of subdivision proportionality appeal petitions and decision. See § UDC-2.6.2C.
D. Expiration or failure to file application. See § UDC-2.6.2D.
E. Effect of relief. See § UDC-2.6.2E.

See Section 2.6: Subdivision Relief Procedures for complete, detailed information.