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x <br /> a <br /> M <br /> DIVISION 2: SEQUENCE OF DEVELOPMENT APPLICATIONS ARTICLE 2: AUTHORITY OF DECISION MAKERS <br /> Section 2.1.2.1General Rules for Priority <br /> DIVISION 1: GENERAL PROVISIONS <br /> Where more than one development application is required by this <br /> development code in order to initiate or continue development of Section 2.2.1.1Source of Authority <br /> land,the requests or applications shall be decided in the following <br /> general sequence: Authority under this development code shall be vested in and <br /> delegated to the officials and decision-makers designated in this <br /> A. Applications classified as legislative shall be first decided and Chapter 2, Article 2 and under the city's charter,the constitution <br /> determined prior to all other applications. and laws of the State of Texas and the city code. This authority shall <br /> be deemed supplemental to any other authority lawfully conferred <br /> B. Applications classified as quasi-judicial shall be decided prior upon the officials and decision-makers. The omission of a citation in <br /> to applications classified as administrative. this development code to any authority conferred upon the officials <br /> C. Applications within a class which are assigned priority under and decision-makers under the city's charter,the constitution or <br /> this Development Code shall be decided prior to subordinate laws of the State of Texas or the city code shall not be construed as <br /> applications. limiting the actions of such officials and decision-makers taken in <br /> accordance with and in reliance upon such authority. <br /> Section 2.1.2.2Specific Rules of Priority <br /> Section 2.2.1.21mplied Authority <br /> A. Applications of Mixed Classification.A property owner <br /> may submit development applications of different priority The officials and decision-makers shall have all implied authority <br /> classifications simultaneously unless otherwise written in this necessary to carry out the duties and responsibilities expressly <br /> development code. Action on accompanying applications shall delegated by this development code to the extent the implied <br /> be as follows: authority is not in conflict with the expressly delegated authority. <br /> 1. Denial of a legislative application shall be deemed a Section 2.2.1.31-imitation on Authority <br /> denial of any pending quasi-judicial or administrative A. City Policy. It is the policy of the city that the standards and <br /> applications, or subordinate applications for the same procedures applicable to development of property within <br /> land, on the date the legislative application is denied. the city limits and within the city's extraterritorial jurisdiction <br /> 2. Denial of a quasi-judicial application shall be deemed a are as stated in this development code, notwithstanding any <br /> denial of any pending administrative or subordinate quasi- representation by any city official summarizing, paraphrasing or <br /> judicial applications for the same land on the date the otherwise interpreting such standards to the contrary, whether <br /> quasi-judicial application is denied. generally or as applied to development of specific property. <br /> 3. Subordinate applications shall not be approved subject to B. Representations Concerning Future Action on Application. <br /> approval of priority applications. No city official,whether an employee of the city or a member <br /> of an appointed board or commission, or a member of the <br /> 4. Any subordinate application that must be decided within a governing body of the city, shall have the authority to make <br /> time certain under this development code and that is not representations to a property owner concerning the likelihood <br /> accompanied by an express waiver of such time limitation of an outcome of that official's decision or the decision of an <br /> pending decision on the priority application shall be appointed board or commission or the city council, on any <br /> deemed incomplete and shall not be further processed. development application that has yet to be filed or is pending <br /> before the city for decision. An official may, however, upon <br /> B. Subordinate Applications.Approval of any subordinate request of a person, convey information concerning that <br /> application shall be consistent with the terms and conditions of official's position on a pending application in accordance <br /> approval of all priority applications. with procedures established in this Chapter 2. No person is <br /> Amended: September 1, 2020 San Marcos Development Code 2:5 <br />