HomeMy WebLinkAboutORD 2022-37 - Amending 2019-50Ordinance No. v-,JZ,2-3�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("CITY") AMENDED ORDINANCE NO.
2019-50 RELATING TO APPROVALS, PROCESSING, AND
REQUIREMENTS FOR PLATS AND PLANS PURSUANT TO
CHAPTER 212 OF THE LOCAL GOVERNMENT CODE;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, House Bill 3167, enacted by the Texas Legislature on May 21, 2019
and signed into law by the Governor on June 14, 2019, requires the municipal authority
responsible for approving plats to approve, approve with conditions, or disapprove a
subdivision plan, subdivision construction plan, site plan, land development application,
site development plan, preliminary plat, general plan, final plat, or replat within 30 days of
the date the application is filed, beginning September 1, 2019 unless an applicant submits
a waiver to the 30 day review period; and
WHEREAS, the City approved Ordinance No. 2019-50 on August 27, 2019 to
update City ordinances to comply with House Bill 3167; and
WHEREAS, the City finds it necessary to amend Ordinance No. 2019-50 to allow
plats outlined in Section 212.0065 to be approved by the Planning Director and to
allow applicants to waive Local Government Code Chapter 212 deadlines;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS THAT:
Section 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim.
Section 2. The following provisions shall apply to all applicable applications filed
with the City after June 1,2022
A. Notwithstanding any provisions of the City's Unified Development Code ("UDC")
or the Commission's Bylaws to the contrary, the Commission shall be the final
approval authority for the following applications:
1. Subdivision Plat (UDC Section 3.08, except those applications outlined in
section 212.0065 of the local government code)
2. Site Development Plan (UDC Section 3.09)
3. Stormwater Permit (UDC Section 3.17)
Ordinance Number: 2C]lz - 3j Pagel of-'
Description: HB 3167 Omnibus Ordinance
Date Approved: 2022
4. Driveway Access Permit (UDC Section 3.19)
5. Subdivision Variances (UDC Section 3.22)
6. Heritage Tree Removal Permit (UDC Section 3.23)
7. Heritage Tree Pruning Permit (UDC Section 3.24)
8. Construction Plans approval (UDC Section 3.08.100)
9. Traffic Impact Analysis approval (UDC Section 12.09)
B. Notwithstanding any provisions of the UDC or the Commission's Bylaws to the
contrary, the Commission shall approve, conditionally approve, or deny the
applications set forth in Section 2.A. of this Ordinance within 30 days of the date
the application is filed with the City, as well as any resubmittals within 15 days of
the date the response is filed with the City, and the UDC Development Manual
adopted pursuant to Section 1.11 of the UDC and the bylaws of the Commission
shall be amended accordingly unless the applicant submits a waiver of the above
mentioned timelines with an application submittal.
C. Notwithstanding any provisions of the UDC to the contrary, for purposes of this
Ordinance and Section 212.009 of the Texas Local Government Code, an
application is considered "filed" on the date it is submitted to the City and all
application fees have been paid, so long as the application is administratively
complete.
D. Notwithstanding any provisions of the UDC to the contrary, an application is
considered "administratively complete" if the application contains all of the
documents and other information necessary to comply with the City's technical
requirements relating to the form and content of the application, as set forth in the
UDC Development Manual.
E. Pursuant to Section 212.009(b-1) of the Texas Local Government Code, an
applicant may request in writing that the Commission extend the 30-day review
period by an additional 30-days, and the Commission shall approve or deny the
extension request at the next -available Commission meeting.
F. The Director of the City's Planning Department shall maintain a published
calendar of the dates within the next calendar year on which the applications set
forth in Section 2.A. of this Ordinance may be filed with the City, as well as the
dates within the next calendar year on which responses to the conditional approval
or denial of such applications may be filed with the City, and the UDC
Development Manual shall be amended accordingly.
Ordinance Number: Page 2 of.-5
Description: HB 3167 Omnibus Ordinance
Date Approved: 2022
Section 3. All ordinances or resolutions that are in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other ordinances or resolutions
of the City not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4. If any provision of this ordinance, or application thereof, to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby declared
to be severable.
Section 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect
in accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on theZ-1kof ? , 2022
PASSED AND APPROVED on Second Reading on thejof Vim, 2022.
ATTEST:
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
Skye Masson, City Attorney
THE CITY OF GEORGETOWN
Ordinance Number: Page 3 of.3
Description: HB 3167 Omnibus Ordinance
Date Approved: l Z6 1 2022