Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 3: - UNIVERSAL PROCEDURES DIVISION 1: - APPLICATION PROCEDURES Illltt "IIIIS,Illlnllll �' Lill��klllf %1111 "IIII'"SA,Illln IIII�'lllli "�i�i� ,1111 "IIIIfLilllltlllh:� "PS )IIRflISIIIQ ,i ':1: KA IIi 0I Nii Section 1...3 „1 „1 ,,. AppIllicatiloin (Piro iiiing (a) Who May Initiate Application. Unless otherwise expressly provided by this Land Development Code, a petition for legislative decision affecting land, other than a petition for a text amendment or a zoning amendment, or an application for a development permit, may be initiated only by the owner of an interest in the land subject to the application, or the owner's designated agent. If the applicant is a designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on the owner's behalf. The responsible official may establish the type of documents needed to determine ownership or agency. (b) Sufficiency of Application for Filing. Subject to subsection (a) of this section, the responsible official shall accept for filing every petition for a legislative decision or application for a development permit or approval authorized by this Land Development Code (referred to collectively in this section as an "application ") that gives the responsible official fair notice of the project and the nature of the decision, permit or approval sought. If the responsible official determines that an application does not give fair notice of the project and the nature of the decision, permit or approval sought, the responsible official shall not accept the application for filing, and shall request clarification from the applicant. (c) Complete Application. Every application accepted by a responsible official for filing shall be subject to a determination of completeness by the responsible official. (1) The responsible official shall not process an application unless it is complete. An application is complete if it complies with all technical requirements relating to the form and content of the application contained or referenced in this Land Development Code. (2) The charging of fees and the processing of an application by any City official or 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 processing. Incomplete applications shall be subject to expiration under subdivision (b)(5) below. (3) A determination of completeness of an application shall not constitute a determination of compliance with the substantive requirements of this Code. A determination of completeness shall be made by the responsible official not later than the tenth business day after the date the application is submitted to the responsible official. An application shall be deemed complete: On the 11th business day after the application has been received, if the responsible official has not provided notice that the application is incomplete or On the eleventh business day after supplemental information for the application has been received in response to a notice that the application is incomplete, if the responsible official has not provided notice that the application, including the supplemental information, is incomplete. (4) If an application is not complete, the responsible official shall provide a written notice to the applicant specifying the documents or other information needed to complete the application, and stating the date the application will expire if the supplemental information is not provided. (5) If the responsible official determines that an application (including supplemental information received in response to a notice that the application is incomplete) is not complete on or before the 45th day after the application is submitted, the application will be deemed to have expired on that 45th day, and it will be returned to the applicant together with any accompanying documents. Thereafter, the applicant must submit a new application. The City may retain any fee paid for reviewing the application for completeness. San Marcos, Texas, Code of Ordinances Page 20