§ 3.2. Initiation of Application

A.

Application Submittal

All development applications to be considered by any advisory body or by the City Council 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 director of the appropriate City Department.

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, identifying the property as a lot of record);

c)

A survey exhibit and other appropriate exhibits as identified in this Article for the individual permit;

d)

Any additional documents, forms or other materials required by the City Manager or his/her designee or identified in this UDC for the processing of a specific development application.

3.

The City 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 (i.e. TCEQ or TxDot Permit approvals).

4.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.

5.

Not later than the tenth (10th) business day after the date an application is submitted, the director of the appropriate City department shall make a written determination via email or US postal service whether the application constitutes a complete application. This shall include a determination that all information and documents required by this UDC for the type of permit being requested or other requirements have been submitted. A determination that the application is incomplete 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.

6.

An application filed on or after the effective date of this amended and restated UDC shall be deemed complete on the eleventh (11th) business day after the application is received, unless the applicant is notified that the application is incomplete via email or US postal service. The applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in paragraph 5 above.

7.

The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. However, this application may be denied for incompleteness within the forty-five (45) day period.

8.

A development application shall be deemed to expire on the forty-fifth (45th) day after the application is submitted to the City 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.

C.

Application Withdrawal

Any request for withdrawal of an application must be submitted in writing to the director of the appropriate City department. 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 advisory body or the City Council of the request for withdrawal. The advisory body or the City 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 director of the appropriate City department.