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HomeMy WebLinkAboutOrdinance 2886 ORDINANCE NO. 2886 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 110 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ESTABLISHING REQUIREMENTS RELATING TO COMPLETENESS DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL APPLY TO APPLICATIONS FOR PLAT APPROVAL; PROVIDING CUMULATIVE AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City desires to adopt the completeness determination requirements provided in Section 245.002(e), Texas Local Government Code, relating to vesting of development applications; and WHEREAS, notice of a public hearing before the Planning and Zoning Commission and of a public hearing before the City Council has been published at least ten (10) days prior to such hearings and such hearings have been held on the regulations contained hereinbelow as required by Section 110-44 of the North Richland Hills Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS: Section 1. That the Subdivision Ordinance is amended by the addition of Sections 110-45 and 110-46 which shall be and read as follows: "Sec. 110-45. Requirements for Completeness Determination A. Every application for approval of a plat, development plan or zoning application submitted after June 15, 2006 shall be subject to a determination of completeness by the Director of Planning or his designee. B. 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 ordinance. For a determination of completeness to be issued, an application must include the following: 1. A completed application form signed by the owner or the owner's authorized agent; 2. Every item, study and document required by the Subdivision Ordinance for the type of plat being submitted, or required for a development plan; and 3. A non-refundable application submittal fee, as specified in the fee schedule. C. The Director of Public Works or the Director of Planning 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 the Subdivision Ordinance. D. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Ordinance. Sec. 110-46. Determination of Completeness; Expiration A. Not later than the tenth business day after the date an application for plat approval or a plan of development is submitted, the Director of Planning or his designee shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this Subdivision Ordinance for the type of plat being submitted or other requirements have been submitted. A determination that the application is incomplete shall be provided to the applicant within such time period 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 is not submitted within 45 days after the date the application was submitted. B. An application for approval of a preliminary or final plat or development plan filed on or after the effective date of this ordinance shall be deemed complete for the purpose of determining rights under Chapter 245, Texas Local Government Code on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in subsection D. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Ordinance or that the time for completing plat, development plan or zoning change review has begun. C. 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. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant. Ordinance No. 2886 Page 2 of 3 D. An application for preliminary or final plat approval shall be deemed to expire on the 45th day after the application is submitted to the Director of Planning for processing if the applicant fails to provide documents or other information necessary to meet the requirements of the Subdivision Ordinance 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 for approval of the preliminary plat or final plat must be submitted. E. No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied." Section 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City and the subdivision ordinances as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. Ordinance No. 2886 Page 3 of 3