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 (7) Identification of all pending or accompanying requests for relief; (8) Demonstration of compliance with approved priority permits; and (9) Proposed waiver, if any, of the time for decision on the application. (k) Accompanying Applications. Where this Land Development Code authorizes a property owner to file more than one application simultaneously, each application shall identify all other accompanying applications. (1) Application Fees. Every application when first submitted shall be accompanied by payment of the prescribed fees set forth in the fee schedule prepared and adopted as an appendix to this Code. The prescribed fees shall not be refundable, except when the City Council waives the application fee for resubmission of an application that was denied. The fee schedule may be amended from time to time by resolution of the City Council. (1) The following entities shall be exempt from all fees prescribed under this Code except that no exemption from or waiver of impact fees shall be permitted except as provided under section 86.309 of this Code: (1) Non - profit orgainzations receiving funds from the city through the city's Community Development Block Grant or Human Services program; (2) The city when using city employees on a construction project of the city; (3) Contractors hired by the city to work on construction projects of the city; (4) San Marcos Reinvestment Corporation and San Marcos Habitat for Humanity when building new affordable single - family residential dwellings; (5) The Housing Authority of the City of San Marcos, for construciton projects on property owned by it, for low - income housing or administrative offices; and (6) Any taxing unit as defined under Section 1.04(11) of the Texas Tax Code for construction projects having a permitted value of $1,000.00 or less. (m) Modification of Applications. The applicant may modify any application following its filing and prior to the expiration of the period during which the City is required to act on the application. If the modification is under revisions requested by the City, and the modification is received at least five working days prior to the time scheduled for decision on the application, the application shall be decided within the period for decision prescribed by this Land Development Code. In all other instances, submittal of a modified application shall extend the time for deciding the application for a period equal to the time specified in this Land Development Code to decide the original application, commencing on the date the modified application is received, unless a waiver of the time for decision is first required, in which case the terms of the approved waiver shall govern the period within which the City must act on the application. (n) Action by Responsible Official. Following the determination that an application is complete, the responsible official shall circulate the application to all other administrative officials whose review is required for a decision on the application and compile the comments and recommendations of the officials. The responsible official shall render a decision in the time prescribed, if the official is the decision -maker for the application. In all other cases, the responsible official shall forward the application for review to any advisory body and the final decision - maker, and prepare a report to such board or commission, or to the City Council, as the case may be, including the compilation of any comments and recommendations by other administrative officials. The responsible official also shall prepare required notices and schedule the application for decision within the time and in the manner required by this Land Development Code. (o) Exemption Determination. For any application for a development permit for which exemptions are listed under this Chapter 1, an exemption from the requirement to apply for such permit shall be determined in the following manner: (1) The application for exemption must be filed on a form supplied by the responsible official, must be accompanied by the review fee set by the City Council, and must include all of the following information: a. Name, address, and telephone number of the property owner and the applicant; San Marcos, Texas, Code of Ordinances Page 22