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HomeMy WebLinkAboutAgenda CC 03.13.2012 WorkshopNotice of Meeting of the Governing Body of the City of Georgetown, Texas MARCH 13, 2012 The Georgetown City Council will meet on MARCH 13, 2012 at 3:00 P.M. at the Council Chambers at 101 E. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Policy Development/Review Workshop - A Presentation to update City Council on the new Photovoltaic Rebate Program that has been developed to incentivize the installation of solar generation on residential rooftops -- Kathy Ragsdale, Environmental and Conservation Services Director and Jim Briggs, Assistant City Manager B Discussion regarding possible amendments to the Unified Development Code (UDC) Chapter 3, Applications and Permits -- Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director C Discussion of the budget process and calendar for 2012/2013 annual budget -- Paul Brandenburg, City Manager; Micki Rundell, Chief Financial Officer; and Susan Morgan, Finance Director Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. D Sec. 551.071: Consultation with Attorney - Advice from attorney about pending litigation that has been filed against the City or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including but not limited to this week's agenda items E Sec. 551.072: Deliberation about Real Property - Discussion of Contracts for Purchase of property to construct a Westside Service Center -- Jim Briggs, Assistant City Manager - Deliberations concerning the acquisition of a 0.776-acre parcel of land situated in the Wm. Addison Survey, A-21, Williamson County, Texas, and being located near the intersection of Maple Street and S.E. Inner Loop, from Georgetown Railroad Company, Inc. in connection with the Southeast Arterial One Road Project -- Terri Glasby Calhoun, Real Estate Services Coordinator and Kent Alan Sick, Attorney at Law, Legal Counsel for the City - Discussion regarding sale of Fire Station One Bays F Sec. 551.074: Personnel Matters - City Attorney Annual Performance Evaluation Adjournment Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2012, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Jessica Brettle, City Secretary City of Georgetown, Texas March 13, 2012 SUBJECT: Presentation to update City Council on the new Photovoltaic Rebate Program that has been developed to incentivize the installation of solar generation on residential rooftops -- Kathy Ragsdale, Environmental and Conservation Services Director and Jim Briggs, Assistant City Manager ITEM SUMMARY: The City of Georgetown has developed a Photovoltaic Rebate Program in an effort to reduce energy demand and the use of grid delivered power, by off-setting it with solar generation. In turn, this reduces the utility bills of the participating customers, as well as reduces the peak load of the City’s electric system, reduces emissions, and promotes energy efficiency through renewable sources. To accomplish this, the program will offer incentives to qualifying residential customers, in the form of rebates. The program will pay $1.50 / per DC Watt installed, up to a maximum payment of $7,500 per location. The City has had a Net Metering / Distributed Generation program for the installation of renewable energy generation in place since 2006, but just received its first residential connection of solar panels in April 2010. In October 2009, the City received a Department of Energy (DOE) Block Grant in the amount of $201,900. Of this grant, $151,900 was dedicated to Weatherization and the remaining $50,000 was committed to a Solar Rebate Program. This program was finally initiated in November 2011, and has funded 5 installations, with a total expenditure of $50,000 in rebates. This was a “trial run” for our in-house program. We currently have 19 residential installations and 2 commercial installations. The commercial installations are the CARTS facility and the Texas Life Science Collaboration Center. This workshop will provide a more in depth look at the proposed Photovoltaic Rebate Program. FINANCIAL IMPACT: There is currently $112,500.00 available for rebates. SUBMITTED BY: Kathy Ragsdale, Environmental & Conservation Services Director ATTACHMENTS: PHOTOVOLTAIC PROCESS PACKAGE Cover Memo Item # A Applicant: Address: Contractor: CITY OF GEORGETOWN PHOTOVOLTAIC INTERCONNECTION PACKAGE Attachment number 1 \nPage 1 of 34 Item # A Customer _____________________________________________Phone_______________________________________ Contractor_____________________________________________Phone_______________________________________ Service Address_____________________________________________________________________________________ Logged In _______________________________________________Date________________Permit #________________ Inspection Services ______________________________________ Date_____________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Engineering Services_____________________________________ Date______________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Technical Services_______________________________________ Date______________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Conservation Services____________________________________ Date______________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ CITY OF GEORGETOWN PHOTOVOLTAIC INTERCONNECTION PACKAGE Inspectors’ Notes Attachment number 1 \nPage 2 of 34 Item # A Please complete and review all information provided Environmental & Conservation Services GUS Interconnection Package Attachment number 1 \nPage 3 of 34 Item # A Table of Contents INFORMATION Step by Step Process Guide……………………………………………………….………..1 Code of Ordinances Net Metering Rider…………………………………………………3 Interconnection Technical Requirements for Facilities Under 10kW ………………..4 INTERCONNECTION FORMS Photovoltaic Interconnection Submittal Form………………………………….……….7 PV Systems Connected to the GUS Electrical System………………………………….9 Drawing #1……………………………………………………………………10 Drawing #2……………………………………………………………………11 Drawing #3………………………………………………………….……...12 Agreement for Interconnection and Parallel Operation of the Distribution Generation Form…………………………………………………………………………….13 Statement of Facility Schedules and Point of Interconnection………………….…….18 Application for Interconnection and Parallel Operation of Distribution Generation with GUS………………………….……………………..……..19 Distributed Generation Agreement…………………………………….………………....21 Renewable Energy Credit Microgenerator Registration Form………………..………22 As Available GUS PV Rebate Manual……………………………………………………………………23 Rebate Application…………………………………………… ………………...………….26 PV Customer Agreement Form……………………………………………………….…....28 Check Assignment Form……………………………………...……………………...……..29 Contractor Registration Form…………………………………………..……………….….30 Attachment number 1 \nPage 4 of 34 Item # A 01/26/2012 All eligible applications for installation of Solar Panels must complete the steps listed below: 1. Applicants must read and complete all forms in the GUS Interconnect Package. This package may be picked up from the following locations: *Environmental & Conservation Services Department (Georgetown Municipal Complex) *Inspection Services Department (Georgetown Municipal Complex) *City of Georgetown Website…Conservation Department Page 2. Applicant turns in the completed package of original documents and pays the application fee to the Permit Technician in the Inspection Services Department. *Logs in application *Takes payment for Application Fee……………………………$ 35.00 *Forwards paperwork to Building Plans Examiner 3. Building Plans Examiner does 1st review of application and forms, recording notes and issues in folder *Reviews for City code compliance *Notifies the Fire Plans Reviewer of the Installation Fire Plans Reviewer notifies the Fire Department Fire Department updates its software to identify this location as having Photovoltaic Generation on the house *Initials review and forwards installation package to Electric Engineering 4. The Electric Project Coordinator performs 2nd review of application and forms, recording notes and issues in the folder *Reviews for completion of all paperwork in the proper or acceptable format and that all required attachments are included and correct * Makes detailed notes of issues and comments *Initials review and forwards installation package to Technical Services 5. The Technical Services Manager performs the 3rd review of the application and forms, recording notes and issues in the folder *Reviews application for an eligible design of the photovoltaic system and the proper placement and installation of equipment. -Location of disconnect points and proper signage -Authorization of the one-line connection drawing for system being installed -Verification of compliance with rebate requirements (if rebates are available) *Makes detailed notes of issues and comments *Forwards to Conservation Office, if there are issues or corrections to be made 6. Environmental & Conservation Services notifies customer of issues, as determined by reviewers, and identifies the follow up necessary for compliance. Once the customer has made the necessary corrections, these revisions must be resubmitted to Inspection Services to continue the review process. Environmental & Conservation Services GUS Photovoltaic Installation Program Step by Step Process Guide 1 Attachment number 1 \nPage 5 of 34 Item # A 01/26/2012 Environmental & Conservation Services GUS Interconnection Package Step by Step Process Guide 7. After Interconnect Package has been approved at all levels, it is returned to Inspection Services, Building Plans Examiner *Notifies customer of the acceptance of the installation plan and design *Issues a Remodel Permit and forwards to Permit Tech to hold for customer pickup *Informs the customer that his electrician needs to pick up an electrical 8. Once notification that the Application has been approved, the applicant must follow through, as follows: *Pay for and pick up the Remodel Permit at Inspection Services Counter Permit fee is $245 ($210 for REC Meter and $35 for permit) *Payment may be paid at the Utility Office or over the phone with a credit card. Permit is NOT valid until signed by the contractor/owner. *Your electrician must pick up and pay for the Electrical Permit under the Remodel permit number issued. If the electrician has never worked in Georgetown, he must register with the City (repeated every two years.) Electrical permit fee is $35 Electrical Registration fee is $150 9. Contractor now has everything he needs to begin the actual installation of the system 10. When the system is completed, the contractor must call 48 hours in advance to request a final inspection to Inspection Services at (512) 930-2550. 11. The final inspection includes a site visit by Inspection Services and Technical Services to verify that the design and installation of the system match the plans that were submitted and approved. The REC Meter is also installed. 12. Once all forms have been completed and signed by all parties, the Electric Project Coordinator will make the appropriate number of copies, so that all participants have signed copies. If there is an active and funded rebate program, at the time of application, that the customer has applied for… 13. Environmental and Conservation Services Department is notified. Rebate Request forms are reviewed, system size and efficiency are verified, and the rebate check is issued. 2 Attachment number 1 \nPage 6 of 34 Item # A Sec. 13.04.083 Residential Distributed Generation Rider: A. Availability: This rider is available only to Residential customers with solar or wind electric power producing facilities of 10 kW or less that are located on the residential premise and serve that premise exclusively. Customers selecting this option shall be required to execute a residential distributed generation contract with the City. B. Application: This rider is available to customers with a solar or wind powered device that generates ten kW or less of electric power at a voltage of 600 volts or less from a residential electric service at a customer’s premise in parallel with the City. C. Method of Charge. The customer shall be entitled to a Produced Energy Credit based upon the energy produced and delivered by the power producing facility into the City’s Electric Utility System during a specific billing period. In a billing month, if the customer uses more energy than their distributed generation system produces, the additional electricity consumed is billed at the standard residential rate for the service. If the customer uses less energy than the distributed generation system produces, the excess energy that flows back into the electric grid earns credits equal to the City’s estimated avoided fuel costs. These costs will be updated on a yearly basis. D. Contract Period. As stated in the contract between the City and the customer. Environmental & Conservation Services GUS Solar Rebate Program Code of Ordinances Net Metering Rider 3 Attachment number 1 \nPage 7 of 34 Item # A Interconnection Technical Requirements For Facilities under 10kW 1. A manual load break disconnect switch that provides clear indication of the switch position shall be available at the customer’s main service point to provide a separation point between the customer’s electrical generation system and Georgetown Utility Systems (GUS) electrical system. GUS will coordinate and approve the location of the disconnect switch. The disconnect switch shall be easily visible, mounted separately from the metering equipment, readily accessible to GUS personnel at all times, and capable of being locked in the open position with an GUS padlock. GUS reserves the right to open the disconnect switch isolating the customer’s electrical generating system (which may or may not include the customer’s load) from GUS’s electrical system for the following reasons: Manual Disconnect a. To facilitate maintenance or repair of GUS’s electrical system; b. When emergency conditions exist on GUS’s electrical system; c. When the customer’s electrical generating system is determined to be operating in a hazardous or unsafe manner or unduly affecting GUS’s voltage waveform; d. When the customer’s electric generating system is determined to be operating in a hazardous or unsafe manner or unduly affecting the GUS system; e. Failure of the customer to comply with applicable codes, regulations, GUS policies, and standards in effect at that time; f. Failure to abide by any contractual arrangement or operating agreement with GUS. 2. GUS shall endeavor to maintain the distribution voltages on the electrical system but shall not be responsible for factors or circumstances beyond its control. The customer shall provide an automatic method of disconnecting generation equipment from GUS’s electrical system within 10 cycles should a voltage deviation greater than =5% or 10% from normal be sustained for more than 30 seconds (1800 cycles) or a voltage deviation greater than =10% or 30% from normal be sustained for more than 10 cycles. If high or low voltage complaints or flicker complaints result from the operation of the customer’s generating system shall be disconnected until the problem is resolved. Voltage 3. GUS shall endeavor to maintain a 60-hertz nominal frequency on the electrical system. The customer shall synchronize with the GUS frequency and provide an automatic method of disconnecting generation equipment from the GUS’s electrical system within 15 cycles should the frequency fall below 59.3 Hz or above 60.5 Hz. Frequency Environmental & Conservation Services GUS Interconnection Package 4 Attachment number 1 \nPage 8 of 34 Item # A Environmental & Conservation Services GUS Interconnection Package In accordance with IEEE 519, the total harmonic distortion (THD) of voltage shall not exceed 5% of a pure sine wave of 60-hertz frequency or 3% of the 60-hertz frequency for any individual harmonic when measured at the point of interconnection with GUS’s electrical system. Also, the total current distortion shall not exceed 5% of the fundamental frequency Harmonics sine wave. If harmonics beyond the allowable range result from the operation of the customer’s electrical generation, the customer’s generating system shall be disconnected until the problem is resolved. 4. The distribution generation facility shall not cause excessive voltage flicker on GUS’s electrical system. This flicker shall not exceed 3% voltage dip, in accordance with IEEE 519 (Section10.5) as measured at the point of interconnection. Flicker 5. The customer’s electrical generation system shall be designed, operated and controlled at all times to provide reactive power requirements at the point of interconnection from 0.95 lagging to 0.95 leading power factor. Induction generators shall have static capacitors that provide at least 95% of the magnetizing current requirements of the induction generator field. GUS may, in the interest of safety, authorize the omission of capacitors. However, where capacitors are used for power factor correction, additional protective devices may be required to guard against self-excitation of the customer’s generator field. Power Factor 6. The customer shall provide approved protective equipment necessary to immediately, completely and automatically disconnect the customer’s electrical generation equipment form GUS’s electrical system in the event of a fault on the customer’s system, a fault on GUS’s system or loss of source of GUS’s system. Such protective equipment shall confirm to the criteria specified in UL 1741. The customer’s generating system shall automatically disconnect from the grid within 10 cycles if the voltage on one or more phases falls and stays below 70% of nominal voltage for at least 10 cycles. The automatic disconnecting device may be of the manual or automatic reclose type and shall not be capable of reclosing until after the GUS’s system is stabilized for at least two minutes. Loss of Source 7. The customer shall be solely responsible for coordination and synchronization of the customer’s electrical generating system with all aspects of GUS’s electrical system, and the customer assumes all responsibility for damage or loss that may occur from improper coordination and synchronization of its generating system with GUS’s electrical system. The customer should be aware that the phase rotation used by Georgetown Utility Systems varies. The customer is to coordinate with the Electric Engineer to determine the required phasing. Coordination and synchronization 8. The actual metering equipment required, its voltage rating, number of phases and wires, size, current transformers, number of input and associated memory is dependent upon the type, size and location of the electric service provided. This metering is based on GUS rates and standards. Metering 5 Attachment number 1 \nPage 9 of 34 Item # A Environmental & Conservation Services GUS Interconnection Package 9. If GUS determines that an interconnection study is necessary, GUS shall perform the study under terms and conditions required by GUS, and at the customer’s sole expense. GUS will provide pertinent system data to the customer and the customer will provide the pertinent data to model his installation. No interconnection study shall be necessary and no study fee will be charged if all of the following apply: Interconnection Study a. Proposed generation equipment is pre-certified and installed according to the “PV Systems Connected to the GUS Electrical System” requirements and the “Photovoltaic Electrical Systems Interconnect PV-1” standards details drawing. Generation equipment that is less than 10 kW AC shall be considered pre- certified if a UL 1741 Utility Interactive listed inverter is used as well as UL 1703 listed PV modules. b. Proposed generation system does not expect to import/export more than 15% of total load on the feeder. c. Proposed generation system does not contribute more short circuit current on the feeder than deemed capable for system protection by the Electric Engineer. 10. The distributed generation facility must have interrupting devices capable of interrupting the maximum available fault current, an interconnection disconnect device, a generator disconnect device, an over-voltage trip, an under-voltage trip, an over/ under frequency trip and a manual or automatic synchronizing check (for facilities with stand-alone capacity). Grounding shall be done in accordance with UL 1741 and NEC Article 250. Protection requirements 11. Additional requirements for three-phase generators a. Synchronous machines i. The distributed generation facility’s circuit breakers shall be three-phase devices with electronic or electromechanical control. ii. The Customer is solely responsible for proper synchronization of its generator with the City of Georgetown’s system prior to every connection. iii. The excitation system response ratio shall not be less than 0.5. iv. The generator’s excitation system shall conform to the field voltage versus time criteria specified in ANSI Standard C50.13-1989. b. Induction machines i. The induction machines used for generation may be brought up to synchronous speed if it can be demonstrated that the initial voltage drop at the point of interconnection is within the flicker specified in this document. c. Inverters i. Line-commutated inverters do not require synchronizing equipment. ii. Self-commutated inverters require synchronizing equipment. 12. The distributed generation equipment shall be designed, installed, operated and maintained in accordance with, but not limited to, ANSI standards, UL standards, IEEE standards, the National Electric Code, ERCOT Operating Guides and any other applicable local, state or federal codes and statutes. In the case of a conflict between the requirements in this document and any of those standards or codes, this document shall prevail, provided it meets or exceeds the above mentioned standards. Conformance to standards 6 Attachment number 1 \nPage 10 of 34 Item # A Project Street Address: ________________________________________________________ Property Owner/Tenant Name: ___________________________________________________________________________ Address: ___________________________________________________________________________ Phone Number: ___________________________________________________________________________ General Contractor/Builder Name: ___________________________________________________________________________ Contractor Phone Number: ___________________________________________________________________________ Contractor Address: ___________________________________________________________________________ City/State: __________________________________ Zip: ______________________ E-Mail address of person to notify of permit completion: ___________________________________________________________________________ *Have you verified with your subdivision’s Deed Restrictions, Design Guidelines, or with your Homeowner’s Association that the improvement you are proposing is an allowed use in your subdivision? Yes_______ No_______ N/A________ Please be aware that while a permit may be approved by the City and the project is in compliance with all City regulations, it does not necessarily mean it is in compliance with your Subdivision Regulations. The City does not enforce deed restrictions or neighborhood design guidelines. ___________ initial Inspection Services PHOTOVOLTAIC INTERCONNECTION SUBMITTAL FORM 7 Attachment number 1 \nPage 11 of 34 Item # A Page 1 of 2 Before plans shall be accepted, the following shall be provided:  Photo Voltaic Interconnection submittal form.   Three (3) Complete sets shall be submitted.  Environmental & Conservation Services – GUS Interconnection Package  Include live weight load Include description of how system will be secured Submission of the information with a fully completed application is required in order to process the application for the Building Permit. Omission of any information will delay the review significantly, while this information is obtained, and will be treated as a new application when re- submittal occurs. Omission of underlined items , where applicable, or an incomplete application will result in automatic rejection. Application fee: ………………………………………………………… $35.00 at the time of submittal Breakdown of permit fees will be assessed after permit is issued: Remodel permit fee: ……………………………………………………….$35.00 REC Meter: (measures solar generation)…….……………….………..$210.00 Electrical permit fee: $35.00 or $150.00 outside city limits – To be obtained by a licensed & registered electrical contractor Note: Additional fees maybe required. By my signature below I certify that I am the owner or legally authorized agent of the owner for purposes of obtaining the permit requested and all subsequent communications and business related thereto. I further certify that all of the information included about and in accompanying documents is true and complete. I understand that application for a permit and payment of fees does not guarantee approval of a permit, and that if said permit is issued it does not constitute permission to violate any provision of the technical codes governing the work, whether identified pursuant to plan review or not. Any false statement related to this application can render the permit void. _______________________________________ ______________________________ Contractor or Owner Signature/Date Inspection Staff Receiving Application 8 Attachment number 1 \nPage 12 of 34 Item # A PV Systems Connected to the GUS Electrical System Electrical design and installation for the PV systems shall conform to the current National Electric Code (NEC 2005 NFPA 70). Article 690 of the NEC applies specifically to PV systems. The installation must be performed by a NABCEP (North American Board of Certified Energy Practitioners) certified PV System Installer or an approved GUS contractor. 1. Two disconnects are required. One rated for DC and one rated for AC. All equipment such as inverters, filters, charge controllers, batteries, and the like, has means for disconnecting that equipment from all sources of power. These disconnects allow power to be removed from individual pieces of equipment for servicing. Such servicing may be done by people unfamiliar with the overall power system, hence the need for the external disconnects. 2. A manual load break disconnect switch that provides clear indication of the switch position shall be available at the customer’s main service point to provide a separation point between the customer’s generation system and GUS electrical system. 3. Solar Module shall be protected by DC rated fuses unless inverter is certified to prevent backfeed. 4. Design should provide appropriate means to deal with lightning-induces surges or utility induced surges. (Electric or silicon oxide devices are recommended) 5. The inverter shall automatically de-energize its output upon loss of voltage from the GUS power grid. 6. Added breaker must not violate 6 handle rules on main service. 7. Approved designs/prints should be provided to the utility prior to inspections. (one-line diagram) 8. All equipment shall be grouped and accessible with the layout approved by GUS prior to mounting the equipment. 9. AD and DC color codes will be considered the same. (NEC-200.6.A2) 10. A DC to AC inverter will be installed between both Disconnects and grounded to the existing ground rod. NEC 690-47 11. Label and warning signs will be provided. (durable to withstand environment) NEC690.54 & 55 & 690.17 • (Warning – May have two power sources) Terminals on both the line and load may be energized in the open position. • Operating Current • Operating Voltage • Max Voltage • Short-Circuit Current Environmental & Conservation Services GUS Interconnection Package 9 Attachment number 1 \nPage 13 of 34 Item # A PV SYSTEMS CONNECTED TO THE GUS ELECTRICAL SYSTEM DRAWING #1 Please identify (by your initials) the appropriate picture and provide a drawing of your electrical system design: 10 Attachment number 1 \nPage 14 of 34 Item # A PV SYSTEMS CONNECTED TO THE GUS ELECTRICAL SYSTEM DRAWING #2 11 Attachment number 1 \nPage 15 of 34 Item # A PV SYSTEMS CONNECTED TO THE GUS ELECTRICAL SYSTEM DRAWING #3 Please circle all placards that apply to your PV design. Placards must be reproduced exactly as instructed. I will reproduce and display required placards exactly as instructed. Signature 12 Attachment number 1 \nPage 16 of 34 Item # A AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION This interconnection Agreement (agreement) is made and entered into this Day of , 20 , by City of Georgetown and (customer), a [specify whether corporation, and if so, name state, municipal corporation, cooperative corporation, or other], each hereinafter sometimes referred to individually as party or both referred to collectively as the parties. In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Scope of Agreement -- This Agreement is applicable to conditions under which the City of Georgetown and the Customer agree that one or more generating facility or facilities of nine (9) MW or less to be interconnected at 25 kV or less (facility or Facilities) may be interconnected to the City of Georgetown utility system, as described in Exhibit A. 2. Establishment of Point(s) of Interconnection -- City of Georgetown and Customer agree to interconnect their Facility or Facilities at the locations specified in this Agreement as described in the attached Exhibit A (the Point(s) of Interconnection). 3. Responsibilities of City of Georgetown and Customer -- Each Party will, at its own cost and expense, operate, maintain, repair, and inspect, and shall be fully responsible for, Facility or Facilities which it now or hereafter may own unless otherwise specified on Exhibit A. Customer shall conduct operations of its facility(s) in compliance with all aspects of the Rules, and City of Georgetown shall conduct operations on its utility system in compliance with all aspects of the Rules, or as further described and mutually agreed to in the applicable Facility Schedule. Maintenance of Facilities or interconnection facilities shall be performed in accordance with the applicable manufacturers recommended maintenance schedule. The Parties agree to cause their Facilities or systems to be constructed in accordance with specifications equal to or greater than those provided by the National Electrical Safety Code, approved by the American National Standards Institute, in effect at the time of construction. Each Party covenants and agrees to design, install, maintain, and operate, or cause the design, installation, maintenance, and operation of, its distribution system and related Facilities and Units so as to reasonably minimize the likelihood of a disturbance, originating in the system of one Party, affecting or impairing the system of the other Party, or other systems with which a Party is interconnected. City of Georgetown will notify Customer if there is evidence that the Facility operation causes disruption or deterioration of service to other customers served from the same grid or if the Facility operation causes damage to City of Georgetown’s system. Customer will notify City of Georgetown of any emergency or hazardous condition or occurrence with the Customer’s Unit(s) which could affect safe operation of the system. Environmental & Conservation Services GUS Interconnection Package 13 Attachment number 1 \nPage 17 of 34 Item # A Rev 5 Environmental & Conservation Services GUS Interconnection Package Limitation of Liability and Indemnification a. Notwithstanding any other provision in this Agreement, with respect to City of Georgetown’s provision of electric service to Customer, City of Georgetown’s liability to Customer shall be limited as set forth in City of Georgetown’s Electric Rate Ordinance and terms and conditions for electric service, which is incorporated herein by reference. b. Neither City of Georgetown nor Customer shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, a curtailment, order, or regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, or by the making of necessary repairs upon the property or equipment of either party. c. Notwithstanding Paragraph 4.b of this Agreement, City of Georgetown shall assume all liability for and shall indemnify Customer for any claims, losses, costs, and expenses of any kind or character to the extent that they result from City of Georgetown’s negligence in connection with the design, construction, or operation of its facilities as described on Exhibit A; provided, however, that City of Georgetown shall have no obligation to indemnify Customer for claims brought by claimants who cannot recover directly from City of Georgetown. Such indemnity shall include, but is not limited to, financial responsibility for: (a) Customer’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of Customer; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall City of Georgetown be liable for consequential, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The City of Georgetown does not assume liability for any costs for damages arising from the disruption of the business of the Customer or for the Customer’s costs and expenses of prosecuting or defending an action or claim against the City of Georgetown. This paragraph does not create a liability on the part of the City of Georgetown to the Customer or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing. d. Notwithstanding Paragraph 4.b of this Agreement, Customer shall assume all liability for and shall indemnify City of Georgetown for any claims, losses, costs, and expenses of any kind or character to the extent that they result from Customer’s negligence in connection with the design, construction or operation of its facilities as described on Exhibit A; provided, however, that Customer shall have no obligation to indemnify City of Georgetown for claims brought by claimants who cannot recover directly from Customer. Such indemnity shall include, but is not limited to, financial responsibility for: 14 Attachment number 1 \nPage 18 of 34 Item # A Rev 5 Environmental & Conservation Services GUS Interconnection Package (a) City of Georgetown’s monetary losses; (b) reasonable costs and expenses of defending an action or claim made by a third person; (c) damages related to the death or injury of a third person; (d) damages to the property of City of Georgetown; (e) damages to the property of a third person; (f) damages for the disruption of the business of a third person. In no event shall Customer be liable for consequential, special, incidental or punitive damages, including, without limitation, loss of profits, loss of revenue, or loss of production. The Customer does not assume liability for any costs for damages arising from the disruption of the business of the City of Georgetown or for the City of Georgetown’s costs and expenses of prosecuting or defending an action or claim against the Customer. This paragraph does not create a liability on the part of the Customer to the City of Georgetown or a third person, but requires indemnification where such liability exists. The limitations of liability provided in this paragraph do not apply in cases of gross negligence or intentional wrongdoing. e. City of Georgetown and Customer shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of delivery. The City of Georgetown does not assume any duty of inspecting the Customer’s lines, wires, switches, or other equipment and will not be responsible therefore. Customer assumes all responsibility for the electric service supplied hereunder and the facilities used in connection therewith at or beyond the point of delivery, the point of delivery being the point where the electric energy first leaves the wire or facilities provided and owned by City of Georgetown and enters the wire or facilities provided by Customer. f. For the mutual protection of the Customer and the City of Georgetown, only with City of Georgetown prior authorization are the connections between the City of Georgetown’s service wires and the Customer’s service entrance conductors to be energized. 5. Right of Access, Equipment Installation, Removal & Inspection Upon reasonable notice, the City of Georgetown may send a qualified person to the premises of the Customer at or immediately before the time the Facility first produces energy to inspect the interconnection, and observe the Facility’s commissioning (including any testing), startup, and operation for a period of up to no more than three days after initial startup of the unit. Following the initial inspection process described above, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, City of Georgetown shall have access to Customer’s premises for any reasonable purpose in connection with the performance of the obligations imposed on it by this Agreement or if necessary to meet its legal obligation to provide service to its customers. 6. Disconnection of Unit – Customer retains the option to disconnect from City of Georgetown’s utility system. Customer will notify the City of Georgetown of its intent to disconnect by giving the City of Georgetown at least thirty days prior written notice. Such disconnection shall not be a termination of the agreement unless Customer exercises rights under Section 7. 15 Attachment number 1 \nPage 19 of 34 Item # A Rev 5 Environmental & Conservation Services GUS Interconnection Package Customer shall disconnect Facility from City of Georgetown’s system upon the effective date of any termination under Section 7. City of Georgetown shall have the right to suspend service in cases where continuance of service to Customer will endanger persons or property. During the forced outage of the City of Georgetown’s utility system serving customer, City of Georgetown shall have the right to suspend service to effect immediate repairs on City of Georgetown’s utility system. 7. Effective Term and Termination Rights-- This Agreement becomes effective when executed by both parties and shall continue in effect until terminated. The agreement may be terminated for the following reasons: (a) Customer may terminate this Agreement at any time, by giving the City of Georgetown sixty days written notice; (b) City of Georgetown may terminate upon failure by the Customer to generate energy from the Facility in parallel with the City of Georgetown’s system within twelve months after completion of the interconnection; (c) either party may terminate by giving the other party at least sixty days prior written notice that the other Party is in default of any of the material terms and conditions of the Agreement, so long as the notice specifies the basis for termination and there is reasonable opportunity to cure the default; or (d) City of Georgetown may terminate by giving Customer at least sixty days notice in the event that there is a material change in an applicable rule or statute. 8. Governing Law and Regulatory Authority -- This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to, and the parties’ obligations hereunder include, operating in full compliance with all valid, applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, orders of, and tariffs approved by, duly constituted regulatory authorities having jurisdiction. 9. Amendment --This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. 10. Entirety of Agreement and Prior Agreements Superseded -- This Agreement, including all attached Exhibits and Facility Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, including without limitation [Specify any prior agreements being superseded], and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 16 Attachment number 1 \nPage 20 of 34 Item # A Rev 5 Environmental & Conservation Services GUS Interconnection Package 11. Notices -- Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested to: Customer: __________________________ City:__________________________________ _____________________________________ _________________________________ _____________________________________ _________________________________ The above-listed names, titles, and addresses of either Party may be changed by written notification to the other, notwithstanding Section 10. 12. Invoicing and Payment -- Invoicing and payment terms for services associated with this agreement shall be consistent with applicable City of Georgetown policies. 13. No Third-Party Beneficiaries -- This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and, where permitted, their assigns. 14. No Waiver -- The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. 15. Headings -- The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 16. Multiple Counterparts -- This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. [CITY OF GEORGETOWN] [CUSTOMER NAME] SIGNATURE: _______________________ SIGNATURE PRINT: ____________________________ PRINT: DATE: _____________________________ DATE: _______ ______ 17 Attachment number 1 \nPage 21 of 34 Item # A STATEMENT OF FACILITY SCHEDULES AND POINTS OF INTERCONNECTION [The following information is to be specified for each Point of Interconnection, if applicable.] 1. 2. Name: 3. Facility location: 4. Delivery voltage: 5. Metering (voltage, location, losses adjustment due to metering location, and other): 6. Normal Operation of Interconnection: One line diagram attached (check one): 7. _________Yes /_________No 8. Facilities to be furnished by City of Georgetown: 9. Facilities to be furnished by Customer: 10. Cost Responsibility: Control area interchange point (check one): 11. _____Yes /______No Supplemental terms and conditions attached (check one): [CITY OF GEORGETOWN NAME] [CUSTOMER NAME] _______Yes /________No SIGNATURE SIGNATURE PRINT PRINT: DATE DATE: Environmental & Conservation Services GUS Interconnection Package 18 Attachment number 1 \nPage 22 of 34 Item # A APPLICATION FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION WITH GEORGETOWN UTILITY SYSTEMS Return Completed Application to: City of Georgetown, Georgetown Utility Systems Attention: Electric System Engineer 300-1 Industrial Avenue Georgetown, TX 78626 Customer’s Name: ________________________________________________ Address: _______________________________________________________ Contact Person: __________________________________________________ Telephone Number: _______________________________________________ Service Point Address: ____________________________________________ Installation Company Name: ________________________________________ Phone:_______________ Address: _________________________________ Print Name:______________________Signature _______________________ The following information shall be supplied by the Customer or Customer’s designated representative. All applicable items must be accurately completed in order that the Customer’s generating facilities may be effectively evaluated by the Georgetown Utility Systems for interconnection with the utility system. GENERATOR Number and Model of Inverters: _____________________________________ Manufacturer: ___________________________________________________ Number and Model of Panels: _______________________________________ Manufacturer: ___________________________________________________ Type (Synchronous, Induction, or Inverter): ___________________________ Fuel Source Type (Solar, Natural Gas, Wind, etc.): ______________________ Kilowatt Rating (95 F at location) ____________________________________ Environmental & Conservation Services GUS Interconnection Package 19 Attachment number 1 \nPage 23 of 34 Item # A Kilovolt-Ampere Rating (95 F at location): _____________________________ Power Factor: ___________________________________________________ Voltage Rating:________________________________________________________ Ampere Rating: _______________________________________________________ Number of Phases:_____________________________________________________ Frequency:___________________________________________________________ Do you plan to export power: ________ Yes _______ No If Yes, maximum amount expected:_______________________________________ Pre-Certification Label or Type Number:____________________________________ Expected Energizing and Start-up Date:____________________________________ Normal Operation of Interconnection: (examples: provide power to meet base load, demand management, standby, back-up, other - please describe) One-line diagram attached: _____ ( Yes ) ____ ( No ) _______________________________________________________________________ Has the generator Manufacturer supplied its dynamic modeling values to the Host Utility? Yes [Note: Requires a Yes for complete application. For Pre-Certified Equipment answer is Yes.] Layout sketch showing lockable, "visible" disconnect device: ____( Yes ) ____ (No ) [INSTALLER NAME] [CUSTOMER NAME] Signature________________________ Signature_________________________ Print____________________________ Print_____________________________ Date____________________________ Date_____________________________ NABCEP #________________________ Environmental & Conservation Services GUS Interconnection Package 20 Attachment number 1 \nPage 24 of 34 Item # A DISTRIBUTED GENERATION AGREEMENT Net metering is available in the distribution service territory of the City of Georgetown, at any point on Georgetown Utility System’s existing infrastructure that has adequate capacity and suitable voltage for delivery of service. A completed and approved application/agreement for net metering is required. AVAILABILITY OF SERVICE: Net metering service is available to residential customers that own and operate a solar or wind power generating facility of ten (10) kW or less of electric power, at a voltage of 600 volts or less, and exclusively serves the residential customer’s premise in parallel with the City. Customers selecting this option shall be required to execute a residential distributed generation agreement with the City. DEFINITIONS Net metering means measuring the difference between the electricity supplied by City of Georgetown and the electricity generated by an eligible customer-generated and fed back to the electric grid over the applicable billing period. SPECIAL CONDITIONS: 1. The customer-generator must have a signed Standard Interconnection Application/Agreement with Georgetown Utility Systems. 2. The customer-generator is responsible for all costs associated with its generating facility and is also responsible for all costs related to any modifications to the facility that may be required by City of Georgetown for purposes of safety and reliability. 3. A net metering facility shall meet all applicable safety and performance standards established by the National Electric Safety Code, the National Electric Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratory. 4. The customer-generator is responsible for obtaining liability insurance. 5. The customer shall be entitled to a Produced Energy Credit based upon the energy produced and delivered by the power producing facility into the City’s Electric Utility System during a specific billing period. In a billing month, if the customer uses more energy than their distributed generation system produces, the additional electricity consumed is billed at the standard residential rate for the service. If the customer uses less energy than the distributed generation system produces, the excess energy that flows back into the electric grid earns credits equal to the City’s estimated avoided fuel costs. These costs will be updated on a yearly basis. I acknowledge that as a requirement of participation in the distributed generation program, I assign all rights to any and all environmental attributes and/or credits, including any renewable energy credits, carbon off-set credits, or similar environmental credits derived from the renewable energy production associated with this rebate, to the City for the City’s use, as it may choose. Customer Name CustomerSignature Installation Address Environmental & Conservation Services GUS Interconnection Package 21 Attachment number 1 \nPage 25 of 34 Item # A Renewable Energy Credit Microgenerator Registration Form 1 Name of Microgenerator-owner 2 Physical/Street address of Microgenerator 3 Name of Contact Person 4 Phone Numbers of Contact Person 1. Cell: 2. Home: 5 Email Address of Contact Person 6 Type of Renewable Generation Biomass________ Solar_________ Wind_________ Other______________________________________________ 7 Fossil Fuels Used Fuel________________________ None___________ 8 Percentage of Generation from Fossil fuel to be Subtracted from Annual Renewable Generation ______% 9 Generation Capacity Eligible for Renewable Energy Credit __________MW 10 How will the Eligible G eneration be Determined? Manually_______ Metered________ Other_______________ 11 Installer 12 Date of Installation Customer Name Customer Signature Installation Address Environmental & Conservation Services GUS Interconnection Package 22 Attachment number 1 \nPage 26 of 34 Item # A PROGRAM SUMMARY The objective of the GUS Photovoltaic Reb ate Program is to reduce energy demand and usage of grid delivered power, by off-setting it with solar generation , thereby reducing the utility bills of the participating customers, as well as reducing the peak load of the City’s electric system, reducing emiss ions, and promoting energy conservation. The Program offers incentives to residential customers, in the form of rebates, for qualifying City electric customers. The Photovoltaic Rebate Programs will be announced as they become available, and will remain active until the allotted funding is depleted or until the program is discontinued by the City. At the time the funds are depleted, no additional applications for participatio n will be accepted until the next fiscal year, or until more funding becomes available. There will be no waiting list for inactive or future programs. Applications that are submitted, but not addressed, before program funding is depleted, must resubmit the following year. To qualify for rebates, applicants must first receive electric service from the City. Program participation is based on a first come basis, within the pool of qualifying applicants. Funding for these rebate s is limited to fund availability. Program guidelines and pa yments are subject to change by the City without prior notice. The City ma y, at an y time, discontinue a Pro gram or an y of its components, without prior notice. All correspondence and applications concerning the GUS Photovoltaic Rebate Program should be directed to: GUS Photovoltaic Rebate Program Environmental & Conservation Services Dept 300-1 Industrial Avenue Georgetown, TX 78626 Environmental & Conservation Services GUS Photovoltaic Rebate Program Program Manual 23 Attachment number 1 \nPage 27 of 34 Item # A GUS REBATE PROGRAM GUIDELINES GENERAL REQUIREMENTS Contractors The contractor that installs the prescribed and approved energy efficient photovoltaic panels must be registered as a City Authorized Contractor at the time of the installation. To become a registered program installer, the contractor must submit a GUS Rebate Program Contractor Registration Form to the Program Manager, which includes the installer’s NABCEP certification. Interconnected PV Rebates (retrofits only) The City is offering a rebate of up to $1.50 per Watt, with a maximum payment of $7,500 per structure or property, per event, based on the installed rated wattage of panels, for systems 10kW or less. The per watt rebate amount is based on a sliding scale. Requirements for Rebates  Applicant must be the homeowner or rental / leased property owner at the location being improved.  Rebates are designed for residential customers, only.  Applicable only for retrofits. New construction does not qualify for this rebate.  Solar arrays will not be designed to generate more energy than the average annual usage of the home for which they provide power.  All equipment must be purchased. No leased or lease/purchase equipment will qualify for a rebate.  All equipment must be new when installed and m ust come with a five (5) year warranty on the inverter and a (15) fifteen year warranty on the panels.  All installations must be at locations with electric service provided by the City and must meet all applicable national, local, and manufacturers’ codes and specifications.  All installations and improvements must be performed in accordance with all applicable manufacturers’ codes and standards.  All necessary permits must be acquired from the City prior to installation.  The City does not compensate the installer for the equipment installation or for processing the necessary paperwork  The application form must have a copy of the itemized and dated invoice from the 24 Attachment number 1 \nPage 28 of 34 Item # A GUS REBATE PROGRAM GUIDELINES contractor or retailer included with the application form.  A pre-inspection and post-inspection by the City may be required.  The pre-inspection may entail a site evaluation of the proposed location for the PV system to verify that the orientation and shading of the buildings are appropriate for adequate solar energy capture and conversion. This evaluation may be performed on-site or by using the satellite and street view applications of Google Maps or an equivalent online mapping service.  Post-inspections by the City Building Inspection department are required on all installations before the issuance of the rebate. Failure to follow these or other requirements of the City building code may render the system ineligible for the incentive and the system will not be allowed to interconnect with the City electrical grid.  Structures will only qualify for this rebate once per 12-month period. After 12 months, an application for rebate may be submitted for expansion of the PV system.  Customers must provide a copy of their array design analysis, as calculated by PV Watts, the online calculation tool used for estimating the energy production and cost savings grid connected PV systems. (This analysis is used to verify the optimal placement of the panels.) a) 100% - 80% of optimal placement = $1.50 per Watt rebate b) 79% -70% of optimal placement = $1.00 per Watt rebate c) No rebate is paid for 69% or less of optimal placement of panels  The City Interconnect package must be reviewed, completed and approved by City staff, prior to installation of the photovoltaic (PV) system.  The PV panels should be installed on the southern exposure of the roof or structure, but alternate exposures will be considered, if they do not compromise the efficiency of the panels.  The PV panels should be installed in a position that has no other structures or trees blocking or shading the panels, or in any position that receives, on an average, 6 hours of direct sunlight daily.  City retains the right to deny rebates based on excessive shading and or poor orientation of the solar array.  Attach an itemized and dated invoice from the contractor or retailer along with your application form. The invoice must include the serial numbers for all panels and inverters.  Requests for rebates must be received by the City within thirty (30) days of installation.  Payments will be made to the property owner that purchased the qualified equipment, unless authorized by the Program manager and the property owner. 25 Attachment number 1 \nPage 29 of 34 Item # A Please attach a PV Watts print out for each array Solar PV Information by Array Manufacturer Model Watts No. of Panels Tilt Flat=0 / vertical = 90 Orientation 180 =True South Array Tracking Type Estimated % of shading Inverter Information Manufacturer Model AC Rating Battery Backup by amp-hour # of Inverters Rebate Application Environmental & Conservation Services GUS Rebate Program Rebate Application Purchaser Name Phone Installation Address City State Zip Conditioned Square Footage: Mailing Address (if different) City State Zip Fax Email Address Utility Acct # 26 Attachment number 1 \nPage 30 of 34 Item # A Estimated Annual Energy Production Optimal System: 1) kWh per year in PV Watts (Version 1 or 2 ) ___________________ kWh (Use local zip code, with latitude tilt @ true south and no shading) Proposed System: 2) kWh per year in PV Watts (Version 1 or 2) _____________________ kWh (Use proposed array information listed above) Efficiency Rating as a Percentage of Optimal System: Proposed System / Optimal System = ________% Rebate Calculation: Based on total size (in DC Watts) and efficiency of PV System currently being installed. Per DC Watt payment is based on a sliding scale - Total cumulative system rebate of $9,000 Scale – Please check the applicable rate, as calculated above: _____80% - 100% of Optimal System = $1.50 per DC Watt _____70% - 79% of Optimal System = $1.00 per DC Watt _____60% - 69% of Optimal System = $ .50 per DC Watt PV Systems with an efficiency rating of less than 60% of the Optimal System do not qualify for a rebate PROPOSED REBATE: (System kW x 1000) x Rebate amount per DC Watt (______kW x 1000) x $________ = $__________Rebate I hereby attest that all information provided on this form is truthful and accurate, that the proposed system meets all program requirements, the installation will be conducted in accordance with all program conditions and constraints and in a professional manner. Homeowner Printed Name ________________________ Signature ______________________________ Contractor Printed Name ________________________ Signature ______________________________ Based on the information provided on this Rebate Application (and attached forms,) with the stipulation that all equipment is installed to the specifications approved by the City for this application, the City of Georgetown verifies that the Rebate amount listed above and initialed, will be paid, after the final inspection of the system by the City of Georgetown. City of Georgetown Official Printed Name:_________________________ Signature _____________________________ Rebate Application 27 Attachment number 1 \nPage 31 of 34 Item # A Owners Name Cell Phone Site Manager Name Cell Phone License # Installers’ NABCEP # AVAILABLE SERVICES FROM CONTRACTOR - CHECK ALL THAT APPLY Equipment Installed Programs HVAC Energy Audits Programmable Thermostat Blower Door Solar Water Heater Total Weatherization Photovoltaic Caulking Radiant Barrier Insulation Vehicle Charger Solar Screens Ridge Vents Weather stripping Roof Turbines Tape/Float Tape/Patch Rainwater Recovery System Windows Energy Star Appliance List Appliance: Other: _____________________________________________________________________________________ Contractor Signature Date Environmental & Conservation Services GUS Rebate Program Contractor Registration Company Name Office Contact Name Physical Address City State Zip Phone Mailing Address (if different) City State Zip Fax Email Address Website 28 Attachment number 1 \nPage 32 of 34 Item # A This document is to be completed by the party receiving the rebate. BOTH CUSTOMER AND CONTRACTOR SIGNATURES ARE REQUIRED Customer Name______________________________________________Date_____________________ Customer Signature____________________________________________________________________ Contractor Name______________________________________________Date____________________ Contractor Signature_____________________________________________________________________ Environmental & Conservation Services GUS Solar Rebate Program CHECK ASSIGNMENT AGREEMENT Make Check Payable to Legal Status (Circle One) Private Individual Corporation Partnership Sole Proprietorship Please provide the federal tax identification number Or Social security number if NOT a Private Individual # Mailing Address City State Zip Comments: 29 Attachment number 1 \nPage 33 of 34 Item # A As a qualified City of Georgetown (City) Utility Electric Customer, I understand that the rebate I am applying for will, under no circumstances, exceed the maximum allowed under the current Solar PV Rebate guidelines. I a cknowledge that as a requirement of participation in the distributed generation program, I assign all rights to any and all environmental attributes and/or credits, including any renewable energy credits, carbon off-set credits, or similar environmental credits derived from the renewable energy production associated with this rebate, to the City for the City’s use, as it may choose. I acknowledge that I understand that I am responsible for maintaining the operational efficiency of all qualified equipment, for a period of no less than ten (10) years, from the date of this agreement. I agree to allow a City of Georgetown representative to inspect the referenced facility for compliance with this requirement for the duration of this agreement. I agree that if the City rebated equipment is inspected and found not properly maintained, a rebate reimbursement amount equal to the rebate, reduced by 10% for every full year elapsed, following the final inspection and approval, is due and payable to the City. The rebate reimbursement amount may be waived, if rebated equipment is repaired or returned to a properly working and maintained condition, within 60 days of the inspection. Customer Name ______________________________________________________ Customer Signature ______________________________________________________ Installation Address __________________________________________________ Environmental & Conservation Services GUS Solar Rebate Program PHOTOVOLTAIC PANELS CUSTOMER AGREEMENT FORM 30 Attachment number 1 \nPage 34 of 34 Item # A City of Georgetown, Texas March 13, 2012 SUBJECT: Discussion regarding possible amendments to the Unified Development Code (UDC) Chapter 3, Applications and Permits -- Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director ITEM SUMMARY: Background: The Unified Development Code is reviewed annually to address necessary updates or changes. The 2011- 2012 UDC Annual Amendment List was approved by City Council on October 11, 2011. The UDC Task Force, an open public participation group, worked with staff in developing the annual list and subsequently the proposed language for the text amendments. Staff and the Task Force decided to break the proposed amendment list into smaller sets or “rounds” and take each group forward for approval as it is completed. The List includes many items in Chapter 3 that the Task Force members were particularly interested in completing, including revisions to the subdivision regulations, so the decision was made to proceed with the List items related to Chapter 3 as the first round of edits. Staff has had three meetings with the Task Force regarding the revisions to Chapter 3. The primary concerns fielded from the group were related to the flexibility of Preliminary Plats. Those issues were addressed in the proposed revisions and the draft text under consideration moves forward with no differing opinions requiring special consideration from the Council. In order to address timing concerns expressed by some members of the Task Force, staff is expediting this item, sending it to the Council for consideration at the next meeting immediately following the March 6th Planning and Zoning Commission meeting. Public Comment: The required Public Workshops were held on February 29th and March 1st. There were five attendees at the first workshop and no attendees at the second. At the first workshop, the group discussed adding extension and reinstatement opportunities to the platting process, which is reflected in the attached Chapter 3 language. There was one speaker at the Planning and Zoning Commission Public Hearing, a member of the UDC Task Force, who spoke in favor of the request. Planning & Zoning Commission Recommendation: At their regularly scheduled meeting on March 6th, 2012, the Planning and Zoning Commission voted unanimously, 5-0, to recommend approval of the proposed revisions to Chapter 3 of the Unified Development Code as presented, with one amendment that has been incorporated. FINANCIAL IMPACT: No financial impact was studied. SUBMITTED BY: Valerie Kreger, AICP, Principal Planner and Elizabeth Cook, Community Development Director ATTACHMENTS: Staff Report Proposed UDC Chapter 3 Text 2011-2012 Annual UDC Amendment List Cover Memo Item # B Georgetown Planning and Development Department Planning & Development Department Staff Report 2011-2012 UDC Amendments – Chapter 3 Staff Report Page 1 of 3 Report Date: March 1, 2012 Submitted By: Elizabeth A. Cook, Community Development Director and Valerie Kreger, AICP, Principal Planner Item Description Public Hearing and possible action to amend the Unified Development Code (UDC) Chapter 3, Applications and Permits. Recommended Motion Approval of the proposed amendments to Chapter 3 of the Unified Development Code as presented. Background The Unified Development Code is designed to be a living document, reviewed annually to address necessary updates or changes. In 2008, the City Council established a new review process incorporating a public forum, termed UDC Task Force, to work with staff in developing the annual list and subsequently the proposed language for the text amendments. The 2011-2012 UDC Amendment List was approved by City Council on October 11, 2011 (see Exhibit 2). In the same way the previous 2008-2009 List was tackled, staff and the Task Force decided to break the proposed amendment list into smaller sets or “rounds” and take each group forward for approval as it is completed. The List included many items to be reviewed in Chapter 3 that the Task Force was particularly interested in completing including revisions to the subdivision regulations. So, the decision was made to proceed with the List items related to Chapter 3 as the first round of edits. Staff has had three meetings with the Task Force regarding the revisions to Chapter 3. The primary concerns fielded from the group were related to the flexibility of Preliminary Plats. Those issues were addressed in the proposed revisions and the draft text under consideration moves forward with no differing opinions requiring special consideration from the Commission. The first of the two required Public Workshops was held on February 29th. The comments from that meeting have been incorporated into the draft Chapter 3 language for your review. Any comments received at the second Public Workshop on March 1st will be presented to you at the Commission meeting. Attachment number 1 \nPage 1 of 3 Item # B Planning & Development Department Staff Report 2011-2012 UDC Amendments – Chapter 3 Staff Report Page 2 of 3 Overview of Proposed Amendments Chapter 3 is not being replaced in its entirety and, although lengthy, staff has provided a fully redlined version of the proposed changes (Exhibit 1). The following summary breaks down the proposed changes. General Chapter 3 Revisions · Extends the expiration of permits and approvals to a standard 24 months (except for driveway permits - 18 months) · Establishes an expiration for applications under review where no progress has been made for a period of 180 days · Clarifies Public Notice and Public Hearing procedures · Outlines the Comprehensive Plan Amendment and UDC Text Amendment processes · Allows a property owner to request a waiver of the 365 day hold on building permits when unapproved demolition has occurred · General updates and clean-up of language and processes to reflect actual practice Subdivision Regulations: · Reorganized for better flow, including grouping all plats that are recorded with the County into a new recording plats section · Adds a Plat Summary chart for quick reference of applicable process · Allows for extensions and reinstatements of all types of plats · Reworks the phasing plan provisions for Preliminary Plats · Establishes provisions for amendments to Preliminary Plats · Creates Minor and Major Deviations criteria where the Final Plat can vary from the approved Preliminary Plat · Adds section for Plat Vacations Site Plan Regulations: · Identifies criteria for Site Plan area of development · Establishes criteria for Site Plan phasing · Creates Minor Site Plan process with lesser requirements than standard process · Allows for extensions and reinstatements of Site Plans Special Considerations None Attachment number 1 \nPage 2 of 3 Item # B Planning & Development Department Staff Report 2011-2012 UDC Amendments – Chapter 3 Staff Report Page 3 of 3 Public Comments Notice of the P&Z Public Hearing was posted in the Sun newspaper on February 19th. Public workshops to allow additional public review were scheduled for February 29th and March 1st. Any public comments received after the writing of this report, including those from the second Public Workshop, will be presented at the P&Z meeting on March 16th. Meetings Schedule March 6, 2012 – Planning and Zoning Commission Public Hearing March 13, 2012 – City Council Workshop March 13, 2012 – City Council Public Hearing and First Reading March 27, 2012 – City Council Second Reading Attachments Exhibit 1 – Chapter 3, Applications and Permits Exhibit 2 – 2011-2012 Annual UDC Amendment List Attachment number 1 \nPage 3 of 3 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 1 of 82 Chapter 3 Applications and Permits Section 3.01 General 3.01.010 Purpose The purpose of this Chapter is to establish application procedures, internal review procedures, public notice and hearing procedures, and review criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdiction of the City. 3.01.020 Applicability of Procedures The following Table shows which review procedures, applications and permits apply in the City and its extraterritorial jurisdiction. Table 3.01.020 Applicability of Procedures City Limits Extraterritorial Jurisdiction Prior to Subdivision, Platting and any Development Comprehensive Plan Amendment X X UDC Text Amendment X X Rezoning (Zoning Map Amendment) X Historic District Designation X Special Use Permit X Development Agreement X X Access Point Connection Exemption X X Subdivision & Platting of Land Administrative Recording Plats X X Preliminary Plat X X Construction Plans X X Final PlatPlat Vacation X X Plat Waiver X X Development Application Process Site Plan Review X Construction Plans X Zoning Verification Letter X Legal Lot Verification Letter X X Temporary Use Permit X Master Sign Plan X X Certificate of Design Compliance X Appeal of an Administrative Decision X X License to Encroach X X Variance X Administrative Exception X Special Exception X Stormwater Permit X X Driveway Permit X X Sign Permit X X Courthouse View Height Determination X Attachment number 2 \nPage 1 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 2 of 82 3.01.030 Simultaneous Submission of Related Applications A. Submission of different applications related to the same development may be made simultaneously, although consideration of applications must remain in the following sequence: 1. Comprehensive Plan; 2. Zoning; 3. Subdivision and Plat; 4. Certificate of Design Compliance; then 5. Site Plan. B. Any application submitted simultaneously is subject to approval of all other related applications. Denial or disapproval of any concurrently submitted application shall stop consideration of any related applications. C. An applicant may withdraw any individual application from a group of simultaneously submitted applications. Section 3.02 Common Review Elements 3.02.010 Pre-application Conference Prior to the submission of an application required by this Code, a Pre-application Conference with the Director shall be required as follows. A. A Pre-application Conference is a meeting between a potential applicant under this Code and the Director of Planning and Development Department or a designated representative. The conference is an opportunity for an applicant to describe what application is being considered, and the Director to indicate which application is appropriate, which review body is responsible for final action, and what criteria will be used to determine whether the permit should be approved. B. There is no required format for a Pre-application Conference; it may occur in any form so long as the potential applicant receives the information described above. The applicant is responsible for completing a Pre-application Conference, and must sign a Pre-application Statement indicating the date of the Pre-application Meeting. C. A Pre-application Conference is required for the following applications:  Access Point Connection Exemption  Administrative Exception  Administrative Plat (Minor Plat or Amending Plat)  Annexation (Voluntary)  Certificate of Design Compliance  Comprehensive Plan Amendment  Conservation Subdivision Site Analysis Map  Construction Plans Attachment number 2 \nPage 2 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 3 of 82  Courthouse View Height Determination  Development Agreement  Driveway Permit  Final Plat  Driveway permit  Final Plat  Historic District Designation  License to Encroach  Master Sign Plan  Planned Unit Development  Plat Waiver  Plat Vacation  Preliminary Plat  Rezoning (Zoning Map Amendment)  Site Plan  Special Exception  Special Use Permit  Stormwater Permit  Subdivision Plats - All  Temporary Use Permit  Unified Development Code Text Amendment  Variance D. Pre-application Conferences may be combined when an applicant will be making simultaneous applications for the same project. E. Completion of a Pre-application Conference does not imply or assume subsequent approval of the permit or application. 3.02.020 Application Forms and Fees The following regulations shall apply to all applications under this Chapter. A. Forms Application forms, submittal requirements, instructions, and fee schedule are set forth in Exhibit A of this Code entitled “UDC Development Manual.” B. Fees 1. Application fees shall be established and revised from time to time by the City Council. Attachment number 2 \nPage 3 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 4 of 82 2. All required fees shall be made payable to “The City of Georgetown.” 3. An applicant who has paid the appropriate fee with an application, but who chooses to withdraw such application prior to any notification of completeness, shall be entitled to a refund of 50% of the total amount paid upon written request to the City and approval by the Director. The application fee required for UDC Text or Zoning Map Amendments shall not be refundable. 4. An application shall only be accepted for review if the applicant, agent or property owner has no outstanding, undisputed fees owed to the City for the same property or other property under their control. 3.02.030 Application Deadline All applications shall be completed and submitted to the Director in accordance with a schedule established annually by the Director. An application shall not be considered as officially submitted, accepted, or filed until it has been determined to be complete as specified below. 3.02.040 Determination of Application Completeness A. The Director, or his designee, shall review each submitted application to determine if the minimum items needed for proper review of such application are present. A.B. A determination of whether an application is complete shall be made by the Director no more than five working days after submittal of the application. B.C. If the application is determined not to be complete, the Director shall notify the applicant in writing. The notification shall attempt to list all missing or incomplete items and provide a specific period of time (no greater than five working days) for the applicant to resubmit the material. The applicant may request an additional meeting for explanation of the missing or incomplete items. If the application is not resubmitted within the period specified by the Director, the application shall be deemed rejected and shall not be accepted for filing. After an application has been rejected, a new application and fee shall be required. C.D. Any application that requires a Pre-application Conference may not be submitted for a determination of completeness until the Pre-application Conference has been held. D.E. The determination of completeness shall take into account the following: 1. Consistency with the Comprehensive Plan; 2. Any required previous approvals; 3. Completed Pre-application Conference; and 4. Required submission materials and compliance with the UDC Development Manual and the City’s Construction Specifications and Standards Manual. F. For the purposes of §212.009 of the Texas Local Government Code, an application for subdivision is considered filed once it is determined by the Director to be accepted for consideration per Section 3.08.050. Attachment number 2 \nPage 4 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 5 of 82 E.G. Determination that an application is complete does not preclude any negative final action and does not include any implied determination that the application successfully meets any review criteria. F.H. If the Director determines that any Plat or request for a Zoning Map Amendment (rezoning) is not consistent with the Comprehensive Plan, the application shall be determined to be incomplete, and shall not be filed. No further processing may occur until the subdivision plat or rezoning is consistent with the Comprehensive Plan. The City Council may approve amendments to the Comprehensive Plan in accordance with the procedure in Section 3.04. 3.02.050 Limit on Reapplication If any development permit or approval, any petition for a plan amendment or any petition for an amendment to this Unified Development Code is disapproved by the Final Action Authority, another application or petition for the same permit, approval or amendment for the same property or any portion thereof may not be filed within a period of 90 days (or 12 months for zoning change applications) from the date of final disapproval, except with permission of the Planning & Zoning Commission or City Council. Such reapplication must demonstrate: A. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed in the application; or B. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed; or C. A new application is proposed to be submitted that is materially different (e.g., proposes new uses or a substantial decrease in proposed densities and intensities) from the prior application; or D. The final decision on the application was based on a material mistake of fact. 3.02.060 Expiration of Application An accepted application for which there has been no action taken by an applicant for a period of 180 days or more from the date of the last action shall be determined to be dormant and processed as withdrawn by the applicant, causing the file to be closed. The Director shall notify the applicant in writing 30 days in advance of the pending closure. The Director may consider extending the application if the applicant can show just cause for the delays or there is evidence of continued communication with staff. Attachment number 2 \nPage 5 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 6 of 82 Section 3.03 Public Hearing and Notice 3.03.010 Provision of Public Notice A. Summary of Notice Required Notice shall be required for application review as shown in the following Table. Table 3.03.010: Summary of Notice Requirements Procedure Published Mailed Posted Access Point Connection Exemption X X X Certificate of Design Compliance X X X Development Agreement X* X* X* Historic District Designation X X X Replat without Vacating (§212.0145) X X Rezoning (Zoning Map Amendment) X X X Special Exception X X X Special Use Permit X X X UDC Text Amendment X Variance X X X X = Notice Required * = Notice to be determined by Development Agreement Committee per Section 3.20 B. Published Notice 1. A Public Notice shall be published at least once in a local newspaper of general circulation, as designated by the City Council, within the City prior to the meeting. The Notice shall contain the time and place of such Public Meeting or Hearing and a brief description of the agenda items that may be considered or reviewed. 2. A published notice shall be published at least 15 days in advance of the Public Meeting or Hearing. C. Mailed Notice 1. Generally A Notice of Public Hearing shall be sent by U.S. mail to owners of record of real property within 200 feet of the boundary of the property under consideration, as determined by the most recent municipal tax roll information as may be obtained from the Williamson County Appraisal District. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail at least 15 days prior to the date set for the Public Hearing or as otherwise required by the Texas Local Government Code, as amended. 2. Special Mailed Notice Required for Certain Replats Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require mailed notice to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be Attachment number 2 \nPage 6 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 7 of 82 replatted, in the same manner as prescribed in Section 3.03.010.C.1 above and in accordance with §212.015 of the Texas Local Government Code, as amended. 3. Special Mailed Notice Required for Special Exception for Setback Modification In addition to the requirements of Section 3.03.010.C.1 above, mailed notice shall also be provided to all owners of property within the subject block in which the property under consideration for Special Exception for Setback Modification is located. 4. Special Mailed Notice Required for PUD Modification a. For purposes of mailed notice, the boundary of a PUD Modification shall be the boundary of any tract of land for which PUD standards or requirements are proposed to change due to the modification. b. In addition to the requirements of Paragraph 1 above, mailed notice shall also be provided all owners of property within the entire PUD boundary, not otherwise notified. D. Posted Notice 1. Notice shall be posted in a format approved by the Director on the subject property, along rights-of-way contiguous to the proposed development according to the following standards: a. One sign for tracts of less than 300 feet of right-of-way frontage; b. One sign at each interval of 1,000 feet; and c. The total number of signs shall not be required to exceed a total of four signs per right-of- way. 2. Notice of application for a Certificate of Design Compliance shall be posted at the project site such that it is visible from the public right-of-way, including contact information and meeting date. For Certificates of Design Compliance processed administratively, the notice shall provide contact information and the expected date of decision. 3. The applicant shall be responsible for posting and maintaining the sign on a format approved by the Director, and for removing the sign within five days following the Public Hearing on the application. 4. Posted notice shall be posted not less than 15 days prior to the scheduled Public Hearing. E. Content of Notice Published or mailed notices shall contain at least the following specific information: 1. The general location of land that is the subject of the application, including a location map with the mailed notice only; 2. The legal description or street address; 3. The substance of the application, including the type of proposed development and the current Zoning District; 4. The time, date, and location of the Public Hearing; 5. A phone number to contact the City; and 6. A statement that interested parties may appear at the Public Hearing. Attachment number 2 \nPage 7 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 8 of 82 F. Constructive Notice Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. 3.03.020 Required Public Hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. Table 3.03.020: Summary of Required Public Hearing Type of Application HARC Zoning Board of Adjustment Planning & Zoning City Council Access Point Connection Exemption X Appeal of Admin. Decision X Certificate of Design Compliance X Comprehensive Plan Amendment X X Development Agreement X* X Historic District Designation X X X Replat (Resubdivision) X X Rezoning (Zoning Map Amendment) X X Special Exception X Special Use Permit X X UDC Text Amendment X X Variance X X = Public Hearing Required * = Public Hearing to be determined by Development Agreement Committee per Section 3.20 3.03.030 Conduct of Public Hearings A. Modification of Application at Public Hearing 1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the Public Hearing or to suggestions or recommendations by the recommending or decision-making review body holding the Public Hearing. 2. Unless such modifications are so substantial that the recommending or decision-making review body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, the recommending or decision-making approval body may approve or recommend approval of the application with the condition stipulation that the permit or final approval or recommendation of approval will not be applicable issued until materials reflecting the agreed upon changes are submitted to the Director. No application may proceed until the revisions have been made. 3. Where deemed appropriate by the affected decision-making body, modifications to an application may be referred back to the recommending body for reconsiderationreview, prior Attachment number 2 \nPage 8 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 9 of 82 to further action by the decision-making bodyconsideration. The decision-making body shall choose one of the following options: a.Continue the Hearing at a certain new date and time in accordance with the provisions below; or b.Close the Hearing and re-publish notice of any future Hearing in accordance with 3.03.010A, above. 4. Modification of an application that causes the consideration of that application to be substantially different than that which was provided in the public notice shall require a new Public Hearing by the recommending and decision-making bodies with new notice in accordance with Section 3.03.010. Such modifications shall include, but not be limited to, a change to a zoning district that was not otherwise included in the public notice and increasing the acreage of the area under consideration. Decreasing the acreage of the area under consideration shall not cause the application to require a new Public Hearing. B.Continuing the Hearing A Public Hearing may be continued without additional mailed or published notice, so long as the motion to continue such Hearing, made in open session, specifies the date and time when the Hearing will be continued, and provided that the requirements of the Open Meetings Act are met. C.B. Evidence All findings and conclusions necessary to the permit or decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) shall be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. D.C. Record 1. An audio tape recording and/or written minutes shall be made of all required Public Hearings and such audio recordings shall be kept for two years. 2. All documentary evidence presented at a Hearing as well as all other types of physical evidence shall be made a part of the record and shall be kept by the City for two years. 3.03.040 Postponement of Application A. Postponement of Public Hearing after Public Notice The applicant shall be required to pay for all re-notice fees for a scheduled and noticed Public Hearing that is postponed at the request of the applicant. B. Postponement of Application after Recommendation For applications where a recommendation is required by the Planning and Zoning Commission, an applicant may request the City Council Public Hearing to be postponed to the next regular meeting following the date of the scheduled City Council Public Hearing. The Director may approve, for good cause shown, a postponement of up to 30 days from the date of the scheduled City Council Public Hearing. Public Notice of the new Public Hearing shall be required in accordance with Section 3.03.010. Attachment number 2 \nPage 9 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 10 of 82 3.03.040050 Administrative Review Process Administrative reviews occur when the Director or another City employee is responsible for final action on any application. A. Applicability An Administrative Review shall be required for any permit or application that requires final action from an administrative official, as described in Table 2.01.020. B. Review Process Administrative Reviews shall occur within the standard review periods established by the Director. The Director or other authority responsible for final action may establish procedures necessary to ensure compliance with this Code and state statute. 1. Initiation Initiation of an Administrative Review may be made upon: a. Recommendation of the Director; b. Recommendation of other administrative official responsible for final action on the permit being initiated; or c. Submission of a complete application by the property owner or their authorized agent. 2. Application Application must be made in a format consistent with Section 3.02.020. 3. Completeness Determination Upon submission of an application for any administrative review, the Director shall determine whether the application is complete, as described in this Code. 4. Staff Review Once an application is determined complete, the Director or Final Action Authority shall review the application, considering any applicable criteria for approval. The Director or Final Action Authority may assign staff to review the application and make a report to the Director or Final Action Authority. C. Administrative Final Action Upon completion of the administrative review, the Director or other responsible Final Action Authority shall make a final determination and notify the applicant in writing. The Director or other Final Action Authority may take one of the following final actions: 1. Approve the application. 2. Approve the application, with modifications that the Director or Final Action Authority deems necessary to meet any criteria for approval. An approval with modifications shall be considered agreed to by the applicant unless the applicant appeals the final action. 3. Disapprove the application. Such disapproval must include specific reasons for disapproval. If the Director determines that an Administrative Plat should be disapproved, the Director must forward the application to the Planning & Zoning Commission for final action. Attachment number 2 \nPage 10 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 11 of 82 4. Prior to making a final decision, the Director or other Final Action Authority may hold a meeting with the applicant to discuss and attempt to resolve any issues that become evident during administrative review. D. Criteria for Approval – Generally 1. An application shall be approved administratively when all of the following criteria are met: a. A complete application and fee have been submitted. b. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. c. The application and content of the application are consistent with any Administrative Rules established by the Director, and any prior written interpretations of this Code. 2. Additional criteria for approval that apply to specific administrative procedures may be provided in the specific descriptions of those procedures in Chapter 3. An administrative procedure that does not have specific criteria for approval shall be considered using the general criteria provided above. E. Appeals 1. If an aggrieved person is appealing a final action that was disapproved, only the basis for disapproval may be appealed. 2. Because the Director may not disapprove an Administrative Plat, any final action taken by the Director on an Administrative Plat Review may not be appealed. If the Director is unable to approve an Administrative Plat, the Planning & Zoning Commission will take final action. 3. A person may not appeal a denial for the purpose of continuance, an extension agreed to by the applicant and the Director or a determination that an application is not complete. Section 3.04 Comprehensive Plan Amendment The City Council may amend or modify the Comprehensive Plan in accordance with the procedure stated in the Plan. The provisions of this Section related to the Comprehensive Plan are adopted in accordance with Texas Local Government Code Chapter 213 and the City Charter. 3.04.010 Applicability A. For the purpose of establishing and maintaining sound, stable, and desirable development consistent with the goals and policies of the Comprehensive Plan, amendments to the Plan may be considered. Plan amendments are periodic, substantive changes that are necessary to accommodate changed or unforeseen circumstances in a manner consistent with the public interest and in accordance with the procedures established in the Plan and in this Section. The provisions of the Section are adopted pursuant to Texas Local Government Code Chapter 213 and the City Charter. B. Plan amendments will not be made more than once per calendar year, except for the rare circumstance where the City Council feels it necessary to make a change with a super-majority vote. Applications may be made at any time of year. Attachment number 2 \nPage 11 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 12 of 82 C. Amendments initiated by a property owner or their authorized agent may be considered only for amendments to the Future Land Use Plan Map or Overall Transportation Plan Map. 3.04.020 Review Process A. Initiation Initiation of an amendment may be made upon: 1. Application of a property owner or their authorized agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning & Zoning Commission; or 4. Recommendation of the Director. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. 4. The Director’s report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing and may take final action on the proposed amendment. 2. The amendment shall become effective when approved by a super-majority vote of the City Council and in accordance with the City Charter. 3.04.030 Approval Criteria (Comprehensive Plan Amendment) A. The City Council shall consider the following approval criteria in an analysis of immediate needs and consideration of the long-terms effects. 1. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; and 2. The amendment promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City. Attachment number 2 \nPage 12 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 13 of 82 B. In considering amendments to the Plan, the City should be guided by the following: 1. The need for the proposed change; 2. The effect of the proposed change on the need for City services and facilities; 3. The compatibility of the proposed change with the existing uses and development patterns of nearby property and with the character of the neighborhood; and 4. The implications, if any, that the amendment may have for other parts of the Plan. Section 3.05 Unified Development Code Text Amendment 3.05.010 Applicability Amendments to this Unified Development Code may be made from time to time in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City, to correct errors in the text or because of changed or changing conditions in a particular area or in the City generally. All text amendments shall be consistent with the Comprehensive Plan. 3.05.020 Annual UDC Review and Amendment The requirements of this UDC shall be reviewed on a yearly basis in the manner set out in Resolution 102808-DD, as amended, except as provided for below within this subsection. The Director, with input from an ad hoc public task force, shall annually develop a list of proposed UDC text amendments. This list shall receive a recommendation by the Planning and Zoning Commission and final approval by the City Council. Review of the proposed amendments on the list shall follow the process outlined in Section 3.05.040 below. 3.05.020030 Review ProcessInitiation of Text Amendment A.Initiation Initiation of aA text amendment to this UDC, outside of that which is included as part of the annual review, may be made upon:initiated in one of the following ways: 1.A. Recommendation Direction of the City Council; The City Council may initiate a UDC Text amendment in one of two ways as follows: 1. City Council, by majority vote, may direct initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. 2. City Council, by a super majority vote, may initiate an emergency UDC text amendment. Such amendment shall be forwarded to the task force within 30 days of City Council action and to the Public Workshops within 60 days of City Council action. 2.B. Recommendation of the Planning & Zoning Commission; or The Planning and Zoning Commission, by majority vote, may direct initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. 3.C. Recommendation of the Director The Director may make recommendation to the City Council for the initiation of a UDC text amendment review. Such review shall follow the process outlined in Section 3.05.040 below. Attachment number 2 \nPage 13 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 14 of 82 D. Application by a Citizen or Property Owner A citizen or property owner may make application for a UDC text amendment. The applicant shall provide staff with draft text of their proposed UDC amendment along with all other information as required for submission per the UDC Development Manual. Review of such proposal shall follow the process outlined in Section 3.05.040 below and shall be presented to the task force for initial comment within 30 days of submission. B.Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. 3.05.040 Review and Approval Process A. Task Force 1. An ad hoc public task force, as defined in Resolution 102808-DD, shall work with the Director in the development and review of amended provisions of the UDC. 2. The task force shall review any applications made by a citizen or property owner and make recommendation to the proposed text amendments. 3. Recommended amendment language shall be forwarded from the task force to the Planning and Zoning Commission for consideration. 4. Where the task force is not unanimous, and conflicting language is supported by at least three participants, including staff, each proposal shall move forward for Planning and Zoning Commission consideration. C.B. Staff Review 1. The Director, working with the task force, shall prepare final draft language to be forwarded to the Planning and Zoning Commission for consideration, including each proposed version of the text. 1.2. The Director shall review the application, consider any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council outlining the proposed changes. 2.The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. 3.The Director may assign staff to review the application and make a report to the Director. 4.3. The Director’s report may include a recommendation for final action. C. Public Review Prior to Planning and Zoning Commission review, two Public Workshops shall be held on the proposed language. B.D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing, in accordance with its rules and state law, and make a recommendation to the City Council. Attachment number 2 \nPage 14 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 15 of 82 C.E. City Council Final Action 1. The City Council shall hold a Public Hearing in accordance with its rules and state law and may take final action on the proposed amendment. 2. The amendment shall become effective in the manner provided by the City Charter or State Law. 3.05.030050 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed amendment, the City Council shall consider the following matters: A. The proposed amendment promotes the health, safety or general welfare of the City and the safe, orderly, and healthful development of the City. B. The proposed amendment is consistent with the Comprehensive Plan. Section 3.06 Zoning Map Amendment – Rezoning 3.06.010 Applicability For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the City, the Official Zoning Map may be amended based upon changed or changing conditions in a particular area, or in the City generally, or to rezone an area or extend the boundary of an existing Zoning District. All amendments must be consistent with the Comprehensive Plan. The provisions of the Section related to rezoning are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 3.06.020 Review Process A. Initiation Initiation of a map amendment may be made upon: 1. Application of a property owner or their designated agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning & Zoning Commission; or 4. Recommendation of the Director. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. Attachment number 2 \nPage 15 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 16 of 82 4. The Director’s report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing and may take final action on the proposed amendment. 2. The amendment shall become effective when approved by the City Council and in accordance with the City Charter. If a proposed amendment has been recommended for disapproval by the Planning & Zoning Commission, the amendment may not become effective except by a three-fourths vote of all members of the City Council. 3.06.030 Approval Criteria (Rezoning) The City Council shall consider the following approval criteria for zoning changes: A. The application is complete and the information contained within the application is sufficient and correct enough to allow adequate review and final action; B. The zoning change is consistent with the Comprehensive Plan; C. The zoning change promotes the health, safety or general welfare of the City and the safe orderly, and healthful development of the City; D. The zoning change is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; and E. The property to be rezoned is suitable for uses permitted by the District that would be applied by the proposed amendment. 3.06.040 Approval Criteria (Planned Unit Development) In addition to the zoning change criteria above, the City Council shall consider the following specific objectives and criteria for approving the PUD. A. Specific Objectives Rezoning to and development under the PUD District will be permitted only in accordance with the following specific objectives: 1. A variety of housing types, employment opportunities, or commercial services to achieve a balanced community; 2. An orderly and creative arrangement of all land uses with respect to each other and to the entire community; 3. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, to include facilities such as roadways, bicycle ways, and pedestrian walkways; 4. The provisions of cultural or recreational facilities for all segments of the community; Attachment number 2 \nPage 16 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 17 of 82 5. The location of general building envelopes to take maximum advantage of the natural and manmade environment; and 6. The staging of development in a manner which can be accommodated by the timely provision of public utilities, facilities, and services. 3.06.050 Approval Criteria (Historic District Designation) A. In addition to the approval criteria for zoning changes above, the City Council shall consider the following: 1. Character, interest, or value of the structure, site or area because of its unique role in the development, heritage or cultural characteristics of the City of Georgetown, State of Texas or nation; 2. Occurrence of a notable historical event at the structure, site, or area; 3. Identification of the structure, site, or area with a person or persons who contributed notably to the culture and development of the city, state, nation, or society; 4. Embodiment in multiple buildings in a structure or site under consideration of distinctive elements of architectural design, detail material, or craftsmanship related to a uniqueness to the area or the related distinctiveness of a craftsman, master builder or architect or a style or innovation; 5. Archaeological value in the sense that the structure, site, or area has produced or can be expected to yield, based on physical evidence, information affecting knowledge of history or prehistory; and 6. Other unique historical value. B. Required Findings In recommending the application of an historic overlay designation to an area of the City, the Historic and Architectural Review Commission shall recommend express findings to the City Council regarding the specific structures, landscapes, or other physical aspects of the District on which it bases the determination required by the criteria above. C. Where the designation is made based on the general character of the District or landmark, these findings may include, but shall not necessarily be limited to: 1. Scale of buildings and structures typical of the area; 2. Architectural style; 3. Architectural period; 4. Building materials typical of the area; 5. Colors used in buildings typical of the area; 6. Signage and street furniture typical of the area; 7. Landscapes typical of the area; 8. Typical relationships of buildings to the landscapes in the area; Attachment number 2 \nPage 17 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 18 of 82 9. Typical relationships of buildings in the area to the street; 10. Setbacks and other physical patterns of building in the area; 11. Typical patterns of rooflines of buildings in the area; and 12. Typical patterns of porch and entrance treatments of buildings in the area. D. Where the designation is made based on the character of a limited number of specific buildings in the area, the findings may include, but shall not necessarily be limited to: 1. Architectural style of the buildings; 2. Architectural period of the buildings; 3. Textures and colors of materials used in the buildings; 4. Shapes of the buildings; 5. Rooflines of the buildings; 6. Porch and entrance treatments of the buildings; 7. Height and mass of the buildings; and 8. Relative proportions of the buildings (width to height, width to depth). 3.06.060 Interim Control during Historic District Consideration No Building Permit may be issued by the City for alteration, construction, demolition or removal of any property or structure within an area proposed for designation to the Historic District from the date the application for Historic District designation is deemed complete until its final disposition by the City Council unless such alterations, removal or demolition is authorized by formal action of the Building Standards Board as necessary for preservation of the public health, welfare or safety as provided for Dangerous Buildings in Chapter 15 of the City Code of Ordinances. In no event will the delay be for more than 120 days. Section 3.07 Special Use Permit 3.07.010 Applicability Special Use Permits allow for City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this Code. Special Use Permits may be issued only for uses that are generally compatible with other uses permitted in a Zoning District, but that require individual review of their location, design, intensity, etc. These uses and the Districts where they may be located are listed in Chapter 5. These uses may be located in Districts as indicated under special with conditions described in a Special Use Permit recommended by the Planning & Zoning Commission and approved by the City Council. No such use shall commence without prior approval of a Special Use Permit. A Special Use Permit includes a conceptual site layout andthat, after approval, serves as the conceptual site layout necessary for the basis of the final Site Plan, which, if necessary, shall be required prior to obtaining any additional permits. An approved Special Use Permit is maintained with the property, and not the property owner, renter, or lessee, and shall be valid per the terms of Section 3.07.050. The provisions of this Section related to Attachment number 2 \nPage 18 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 19 of 82 Special Use Permits are adopted pursuant to Texas Local Government Code Chapter 211 and the City Charter. 3.07.020 Review Process A. Initiation Initiation of a Special Use Permit may be made upon application of a property owner or their designated agent, following the established application processes and requirements in Chapter 3. B. Application and Completeness Determination The Director is responsible for checking that a complete application has been submitted, with all material necessary for the City Council to render an informed decision. C. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a report to the Director. 4. The Director’s report may include a recommendation for final action. D. Planning & Zoning Commission Review Following notice in accordance with Section 3.03, the Commission shall hold a Public Hearing in accordance with its rules and state law and make a recommendation to the City Council. E. City Council Final Action 1. The City Council shall hold a Public Hearing, in accordance with its rules and state law, and may take final action on the proposed Special Use Permit. 2. The Special Use Permit and any subject conditions shall become effective upon approval by the City Council and in accordance with the City Charter. 3.07.030 Approval Criteria A. A conceptual site layout Site Plan for the Special Use Permit must be approved by the City Council in order to approve issuance of a Special Use Permit. B. The conceptual site layout must be reviewed by the Director for compliance with this Code, in accordance with the review criteria in Sections 3.03.040D and include, at a minimum, the following existing and proposed features: driveways, parking areas, entrance(s), trees, landscaping, buffering, screening, fences, buildings and other structures, outdoor refuse containers, easements, sidewalks, street(s) names and locations, lighting, signs, floodplain limit (general), preliminary plan for utilities, concept drainage, and site and building dimensions. C. In addition to the criteria for zoning changes in Section 3.06.030, the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may shall consider the following criteria in its review: Attachment number 2 \nPage 19 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 20 of 82 1. The proposed special use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. 2. The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems, and on public services such as police and fire protection and solid waste collection and the ability of existing infrastructure and services to adequately provide services. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impact. 3.07.040 Changes to Submitted Conceptual Site LayoutSite Plan An application submitted to modify Any modification to an approved conceptual site layoutSite Plan that was filed as part of a Special Use Permit shall cause the Special Use Permit to be reviewed under paragraphs A and B below. Modified conceptual site layouts must be resubmitted to the Director for consideration. A. The Director may determine that the modification to the conceptual site layout does not change the basis for Special Use Permit approval and issue an approval of the modified Special Use Permit. B. If the Director determines that the modifications to the conceptual site layout change the basis for the initial Special Use Permit approval, the modified permit shall follow the normal review process for a Special Use Permit. 3.07.050 Expiration A Special Use Permit shall expire 12 24 months from the date of Council approval, unless: A. A Site Plan application, if necessary, has been submitted. A.B. A complete Building Permit application has been submitted approved or, if no Building Permit is required, a Certificate of Occupancy has been issued. B.C. In the case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted approved within 12 24 months from the date conceptual site layout approval is granted. Each subsequent application must be submitted within 12 24 months from the date of issuance of a Certificate of Occupancy, or equivalent, by the Building Official for the previous phase of the development. C.D. A lapse of a period greater than the periods set forth above causes the related approvals or permits to expire and be of no further force and effect. The Director has the authority to consider a 6 month extension of the above deadlines based on extenuating circumstances. Any further action shall require a new application and approval. E. The Council’s approval of the Special Use Permit specified an expiration date. Attachment number 2 \nPage 20 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 21 of 82 3.07.060 Discontinuation A Special Use Permit shall expire 12 months following the discontinuation of the use for which the Special Use Permit was approved. Section 3.08 Subdivision of Land 3.08.010 Plat Required A. Pursuant to the authority granted in Texas Local Government Code Chapter 212 and the City Charter, prior to the subdivision, resubdivision or development of any land within the City or its extraterritorial jurisdiction, all plats and construction plans for public improvements must first be approved in accordance with these regulations. B. The owner of a tract of land located within the City limits or the extraterritorial jurisdiction who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to the City, to lay out suburban, building or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. C. A division of a tract under this Section includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method. D. No Building Permit or, Certificate of Occupancy, or utility services may be issued for any parcel or tract of land until unless such property has received Final Plat approval and is in conformity with the provisions of this Code, the plat has been recorded and public improvements have been accepted (if applicable)Code. E. The division of any lot or any parcel of land by the use of metes and bounds description for the purpose of development is prohibited. 3.08.020 Exemptions from Required Plat Some removed, others reworded/reorganized The following actions situations shall not require review by the City under the following subdivision provisions. However, Williamson County may still require subdivision approval under its regulations for subdivisions located in the City’s ETJ. A. Land constituting a single tract, lot, site, or parcel for which a legal deed of record describing the boundary of said tract, lot, site, or parcel was filed of record in the deed records of Williamson County, Texas, on or before May 10, 1977;A division of land under this Section does not include a division of land into parts greater than five acres, where each part has public street access and no public improvement is being dedicated. B. A division of land into parts greater than five acres, where each part has public street access and no public improvement is being dedicated;Construction of additions or alterations to an existing building where no drainage, street, public utility extension or public improvement, additional parking, or street access changes are required to meet the standards of this Code are necessary to support such building addition or alterations. Attachment number 2 \nPage 21 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 22 of 82 C. A division of land created by order of a court of competent jurisdiction, including the probate of an estate, provided however, that prior to construction of improvements, a plat meeting the requirements of this Chapter shall be approved and recorded prior to the issuance of permits;Common ownership arrangements that do not involve a division of fee title to the land. D.Partitions of land among co-tenants. E.D. Construction of additions or alterations to an existing building where no public utility extension or public improvement, drainage, street, parking increase, or street access change is required to meet the standards of this Code for such building addition or alterations;A change in ownership of a property through inheritance or the probate of an estate. F.E. Operation of existing Cemeteries cemeteries complying with all state and local laws and regulations.; and G.F. Acquisition of land by the City, County, or State for a governmental purpose.Land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site, or parcel was filed of record in the deed records of Williamson County, Texas, on or before May 10, 1977. H. Acquisition of land for a governmental purpose by dedication, condemnation or easement. 3.08.030 Certification Regarding Compliance with Plat Requirements Certification regarding a tract’s compliance with the platting requirements of this Chapter may be requested as outlined in Section 3.10.020. 3.08.040 Plat Types The following table summarizes types of plats required by this Code as well as their corresponding process. When a proposed division is subject to more than one description within a plat type, the more restrictive process is applicable. Attachment number 2 \nPage 22 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 23 of 82 Table 3.08.030 Plat Summary Plat Type Description Public Hearing Final Action Expiration Preliminary Plat Required when the extension of public infrastructure, including public utilities and roadways, is required or proposed No P&Z 24 months from approval date unless Final Plat recorded within that time. Phased Preliminary Plats expire 24 months from date last Final Plat recorded. Preliminary Plat that includes existing platted property See Replat P&Z Amendment to approved Preliminary Plat No P&Z Maintains expiration date of original Preliminary Plat being amended Re c o r d i n g Pl a t s Final Plat Final Plat of approved Preliminary Plat No Director Must be recorded within 24 months from approval date Plat with more than 4 lots, but with no required or proposed public infrastructure No P&Z Combined Preliminary and Final Plat is available when plat that could qualify as Minor Plat requires land or utility dedication No P&Z Final Plat that proposes qualified Minor Deviations from the approved Preliminary Plat No Director Final Plat that proposes qualified Major Deviations from the approved Preliminary Plat No P&Z Final Plat processed concurrently with Plat Waiver No P&Z Minor Plat Plat involving 4 or fewer lots that does not require or propose public infrastructure or land or utility dedication No Director Must be recorded within 24 months from approval date Minor Plat processed concurrently with Plat Waiver No P&Z Replat A resubdivision of all or part of an existing plat, involving more than 4 lots Yes P&Z Must be recorded within 24 months from approval date A resubdivision of all or part of an existing plat, involving 4 lots or less No Director A Replat involving property that is or has been subject to single or two-family restrictions or zoning within last 5 years Yes P&Z A Replat that is processed concurrently with a Plat Waiver No P&Z Amended Plat Plat meeting the standard qualifications of Amended Plat (i.e. corrections to previous plat, moving lot line, etc.) No Director Must be recorded within 24 months from approval date Attachment number 2 \nPage 23 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 24 of 82 3.08.030050 Submission Requirements The applicant shall submit all of the information required in the UDC Development Manual as specified on the corresponding plat application checklist. The file copy of Preliminary and Final Plats shall be prepared and submitted on Mylar in a format acceptable to the Director or in a digital format acceptable to the Director and compatible with the City’s geographic information system. A plat is not considered filed for the purposes of §212.009 of the Texas Local Government Code until the Director determines that the application meets all applicable requirements of this UDC and is accepted for consideration and acknowledges such by notifying the applicant of such acceptance and either placing the plat on the next available Planning and Zoning Commission agenda for their consideration, or, in the case of administratively approved plats, proceeding to final action is accepted as complete pursuant to Section 3.02.040. The final copy of Preliminary and Recording Plats shall be prepared and submitted in conformance with the UDC Development Manual. Once the last Final Plat is recorded for an approved Preliminary Plat its Mylar copy may be destroyed. 3.08.060 Staff Review Existing language, combined into one location A. The Director may establish procedures for administrative review of plat applications necessary to ensure compliance with this Code and state statute. B. The Director may assign staff to review the plat application and make a report to the Director. C. Once the Director determines the application is accepted for consideration, the Director shall prepare a report to the Planning and Zoning Commission, if applicable. The Director’s report may include a recommendation for final action. 3.08.040 Administrative Review of Minor and Amending Plats Moved A. Applicability Minor Plats, Amending Plats, and qualifying Replats may be approved as Administrative Plats by the Director of Planning and Development in accordance with this Section. a. Minor Plat b. A Minor Plat is any plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities. c. Any plat that requires a waiver from subdivision design and improvement standards of this Unified Development Code, any utility dedication or any dedication of land shall not be processed as a Minor Plat and shall be processed in accordance with Section 3.08.050. 5. Amending Plat An Amending Plat is any plat meeting the definition in Texas Local Government Code §212.016. 6. Replat A Replat of a subdivision or part of a subdivision, pursuant to the Local Government Code Section §212.0065, may be approved administratively. B. Approval Criteria A minor or amending plat shall be approved if it meets all of the criteria below. Attachment number 2 \nPage 24 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 25 of 82 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. 2. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state law. 3. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds and public utility facilities; and i. The extension, improvement or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities. 4. The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly and healthful development of the City. 5. The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion by the applicant of required improvements. 6. For Minor Plats only, a Plat Waiver may be requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Minor Plat shall be required to be approved by P&Z. C. Responsibility for Final Action 1. The Director of Planning and Development is responsible for final action on Administrative Plats. 1. The Director may, for any reason, elect to present the plat to the Planning and Zoning Commission for approval. 2. The Director may not deny Administrative Plats. Because the Director may not disapprove an Administrative Plat, any final action taken by the Director on an Administrative Plat Review may not be appealed. If the Director is unable to approve an Administrative Plat, the Planning and Zoning Commission will take final action. 3. Upon completion of construction, the subdivider shall deliver to the City a one-year guarantee of workmanship and materials as provided in Section 13.08. 4. The construction documents are authority to proceed with the construction of streets and utilities when duly signed by the Development Engineer. D. Recordation An approved Administrative Plat shall be considered a Final Plat for the purposes of recording. If the Director has approved the plat, the plat becomes the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The subdivider shall pay the record filing fee. Attachment number 2 \nPage 25 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 26 of 82 E. Expiration of Administrative Plat and Plans An approved Final Plat which has not been filed in the appropriate records of Williamson County within one year of its approval shall be considered null and void. 3.08.050070 Preliminary Plats Review A. Applicability 1. Approval of a Preliminary Plat, showing the proposed layout of the subdivision, approval shall be required before approval of any division of land or platting activity that does not meet the definition of an Administrative Platrequires or proposes the extension of public infrastructure, including, but not limited to, public utilities and roadways. 2.Combined Preliminary and Final Plat Option Moved to final plats Any division of land or platting activity that requires any of the following and would otherwise meet the definition of an Administrative Plat, may be processed as a combined Preliminary and Final Plat, and subject to the criteria of this Section and Section 3.08.070. a.Any utility dedication; or b.Any dedication of land. The Director shall have the authority to determine if a plat meets the criteria to be processed as a combined Preliminary and Final Plat. This combined plat shall be titled as a Final Plat. The fee for such a combined Plat shall be 50% of the Final Plat fee. 2. Any Preliminary Plat that includes the further subdivision of all or part of a recorded plat that has not otherwise been vacated, must also follow the precedures set forth for Replats as outlined in Section 3.08.070.D. B. Unlawful to Record Preliminary Plat It shall be unlawful to cause to be recorded, any Preliminary Plat of land within the City limits or extraterritorial jurisdiction of Georgetown, to be recorded with the County Clerk, except as otherwise established for a Combined Preliminary and Final Plat. C. Initiation Initiation of a Preliminary Plat review may be made upon submittal of a complete application by a property owner or their designated agent. D. Application and Completeness Determination The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. C.Staff Review 1. The Director shall review the application, considering applicable criteria for approval and prepare a report to the Planning & Zoning Commission and City Council. 1.The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. 2.The Director may assign staff to review the application and make a report to the Director. Attachment number 2 \nPage 26 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 27 of 82 3.The Director’s report may include a recommendation for final action. D.Planning & Zoning Commission Review The Planning and Zoning Commission shall consider the Preliminary Plat application, the Director’s report, state law, and compliance with this Unified Development Code, and take final action. E.C. Approval Criteria A Preliminary Plat shall be approved if it meets all of the criteria below. 1. The Preliminary Plat shall not be considered for final action until the Director has determined the application Preliminary Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient enough to allow adequate review consideration and final action. 2. No Preliminary Pplat shall be approved without a determination that the plat conforms to the following: a. The plat meets or exceeds the requirements of this Unified Development Code and any applicable local or state laws. b. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension of the City or the extension, improvement or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. c. Any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly, and healthful development of the City. d. The tract of land subject to the application is adequately served by public improvements and infrastructure or will be adequately served upon completion by the applicant of required improvements. 3. Phasing Plan In lieu of recording the entirety of a proposed division of a property at one time, and therefore constructing all public improvements required by the division at once, an applicant may propose a plan for phasing the subdivision as follows: a. Each subdivision platThe Phasing Plan shall include indicatea the boundaries and order of schedule for phasing final platting and construction of associated improvements. b. No such schedule Phasing Plans shall not propose more than 10 phasesexceed a period of 10 years. The Director may approve phasing in excess of this number if the applicant can provide justification for such. The number of phases herein is exclusive of any increase in phases due to the splitting of phases as allowed per Section 3.080.B.1.c. Attachment number 2 \nPage 27 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 28 of 82 c. Each proposed phase of a Phasing Plan for a single-family residential development shall include at least 4 lots, except that lots shown on a Phasing Plan for nonresidential uses, such as lots for parkland, neighborhood amenity centers, or commercial out lots, or any similar uses as determined by the Director, may be shown as a single lot phase. c.d. The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, meet the minimum requirements of this Code, including, but not limited to, public infrastructure, parkland dedication, connectivity, and dedication of adjacent street rights-of-way. d.e. Changes to a Phasing Plan shall meet the requirements of this Section and follow the procedures for such as permitted in Sections 3.08.070.F and 3.08.080.B.1.c. D. Responsibility for Final Action 1. The Planning and Zoning Commission shall consider the Preliminary Plat application, the Director’s report, state law, and compliance with this Unified Development Code, and take final action. 2. Any of the following actions by the Commission shall be considered the Commission’s final action: a. Approval of the Preliminary Plat; b. Approval of the Preliminary Plat with conditions, subject to the following: i. The Preliminary Plat shall be considered approved only once such conditions are satisfied; and ii. Failure to satisfy the stated conditions within 6 months shall cause the conditional approval of the Preliminary Plat to convert to denial; iii. Denial of the Preliminary Plat. 3. The Commission may postpone final action on a Preliminary Plat only when an applicant submits a written request to waive any rights under Texas LGC §212.009 and postpone such action to a specific future Commission meeting. F.E. Expiration of Preliminary Plat 1. For A Preliminary Plats on projects that is proposed to be developed in a single phase are not phased or are not to be developed sequentially, the Preliminary Plat shall become null and void 24 months after its approval unless a Final Plat is filed and approvedrecorded for all of the Preliminary Plat within that time. 2. For A Preliminary Plats on projects that includes an approved Phasing Planare phased or that will be developed sequentially, shall become null and void 24 months after its approval unless a Final Plat for the first phase is recorded within that time. the The approval recording of a Final Plat for a the first phase of the project shall extend the expiration date for the remaining portion of the original Preliminary Plat for a period of 1824 months after the date of approval recordation of the Final Plat. Approval Recordation of each subsequent Final Plat within 18 24 months of the date of approval recordation of the preceding Final Plat shall extend the expiration date for the portion of the original Preliminary Plat for which no Final Plats have been approved for an additional 18 24 months from the date of approval recordation of such Final Plat. Attachment number 2 \nPage 28 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 29 of 82 a. Each 1824-month extension period for the expiration of the original Preliminary Plat runs from the date of the latest Final Plat approvalrecordation. Extension periods are not cumulative. b. If a Final Plat is not filed and approved recorded during the 1824-month extension period, the approval of the original portion of the Preliminary Plat that has not been recorded by the County, together with any unapproved unrecorded Final Plat applications or expired Final Plats, lapses. F. Changes to Approved Preliminary Plats Changes to an approved Preliminary Plat that do not otherwise qualify as a deviation to the approved Preliminary Plat as defined in Section 3.08.080.B.1.c, shall be processed as either an amendment to the original Preliminary Plat or as a new Preliminary Plat application as follows: 1. Changes to a Preliminary Plat may be processed as an amendment to the original Preliminary Plat if: a. The proposed amendment does not alter the purpose and intent of the original Preliminary Plat (i.e., commercial subdivision, single-family residential large lot subdivision); b. The general design and layout of the original Preliminary Plat is maintained; c. The proposed development density does not substantially increase or decrease; and d. The amendment does not propose the removal or addition of an arterial level roadway. 2. The Director shall review the proposed changes, including any changes to the Phasing Plan, in the same manner prescribed for the original Preliminary Plat approval. 3. Planning and Zoning Commission shall consider and take final action on an amendment to a Preliminary Plat in the same manner prescribed for the original Preliminary Plat approval. 4. Approval of a Preliminary Plat amendment shall not cause the expiration date established with the original Preliminary Plat approval to be extended. 5. The development regulations in effect for the original Preliminary Plat approval shall be applicable to the Preliminary Plat amendments. 6. All other changes to an approved Preliminary Plat that do not meet the provisions of this Section, as determined by the Director, shall require submittal and approval of a new Preliminary Plat application (including new fees, new review process, new approval dates, etc.). 3.08.080 Recording Plats Grouping of existing sections Recording plats are those subdivision plats that are to be a document of legal record and include Final Plats, Minor Plats, Replats, and Amending Plats. A. Approval of Recording Plats Except as otherwise required within this Chapter, recording plats are acted upon administratively by the Director. The Director, at their discretion, may choose to forward a plat to the Planning and Zoning Commission for final action. If the Director cannot approve the plat, the plat must be forwarded to the Planning and Zoning Commission for final action. Attachment number 2 \nPage 29 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 30 of 82 B. Final Plats 1. Applicability 2.Final Plats are technically complete, recordable versions of an already approved Preliminary Plat. Except as otherwise noted within this Section, no Final Plat may be considered or approved unless the Preliminary Plat for the same land has been approved and has not expired and the Final Plat is consistent with such Preliminary Plat or revision thereof. The Final Plat must incorporate all changes from the Preliminary Plat that were considered and approved by the Planning and Zoning Commission or the Director. Final Plat review is used to ensure that a final recorded plat application includes final engineering diagrams and descriptions that conform to the Preliminary Plat and the “as-built” infrastructure on the site. Exception to these requirements is allowed as follows: a. No Public Infrastructure Proposed new A Final Plat may be approved without approval of a Preliminary Plat for the same project if the division of land would otherwise qualify as a Minor Plat, but proposes more than 4 lots. A Final Plat under this provision may not include the dedication of land or require or propose the extension of any public infrastructure, including, but not limited to, public utilities or roadways. Final Plats under this provision shall be forwarded to the Planning and Zoning Commission for final action. b. Combined Preliminary and Final Plat Option moved from prelim Any division of land or platting activity that requires any of the following, but would otherwise meet the definition of a Minor Plat, may be processed as a Combined Preliminary and Final Plat, subject to the criteria of this Section and Section 3.08.070. i. Any utility dedication; or ii. Any dedication of land. The Director shall have the authority to determine if a plat meets the criteria to be processed as a Combined Preliminary and Final Plat. This combined plat shall be titled and processed as a Final Plat except that the Planning and Zoning Commission shall have final action. c. Deviations from the Approved Preliminary Plat new i. Minor Deviations During review of the Final Plat, the Director may consider and approve minor deviations from what was proposed on the approved Preliminary Plat. Deviations that affect another proposed phase of the Preliminary Plat or that affect property off-site of the Preliminary Plat or any deviations that increase the density of development shall not be considered minor. The deviations shall meet any approval criteria applicable to the approved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Director of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Preliminary Plat to be provided to the Planning Department prior to recordation of the Final Plat. The Attachment number 2 \nPage 30 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 31 of 82 Director may, at their discretion, choose to send proposed deviations to the Planning and Zoning Commission for their consideration and final action. The following deviations from the Preliminary Plat may be considered minor: (a) Adjustments in alley, local, or collector street alignments or widths that do not affect another proposed phase of the Preliminary Plat or adjacent property; (b) Changes to the lot lines, sizes, or configuration provided that the total number of lots does not increase and the changes do not affect approved infrastructure; (c) Decreases in the number of lots by up to 10% or one lot, whichever is greater, provided any minimum density requirements continue to be met, if applicable; (d) The splitting of a proposed phase of the Preliminary Plat into two phases if the separation does not affect access or utilities to a later phase; (e) The combining of adjacent proposed phases of the Preliminary Plat; (f) A change in the order of adjacent phases of the Preliminary Plat, provided adequate public infrastructure is available and is maintained for subsequent phases; and (g) Other similar changes as determined by Director. ii. Major Deviations from the Approved Preliminary Plat Any Final Plat that proposes major deviations from the approved Preliminary Plat shall be forwarded to the Planning and Zoning Commission for consideration and final action. The deviations shall meet any approval criteria applicable to the approved Preliminary Plat. A draft of the proposed changes to the Preliminary Plat shall be provided to the Planning Department as part of the application submission for the Final Plat. Approval by the Commission of such Final Plat shall be considered approval of the amendments to the Preliminary Plat and shall cause an updated final copy of the Preliminary Plat to be provided to the Planning Department prior to recordation of the Final Plat. The following deviations from the Preliminary Plat are considered major: (a) Adjustments in Arterial roadway alignments or widths that do not affect another proposed phase of the Preliminary Plat or property off-site; (b) Adjustments to lot lines, sizes, or configurations that do not increase or decrease the total number of lots by more than 10% or one lot, whichever is greater; (c) Modification to proposed parkland; (d) Changes in the location of the boundary line of a phase of the Preliminary Plat to include part of another phase, provided no change in the layout of the streets and lots of adjacent phases is required; (e) Reordering of proposed phases of the Preliminary Plan, provided adequate public infrastructure is maintained and the reordering does not affect planned infrastructure off-site; and (f) Other similar changes as determined by Director. Attachment number 2 \nPage 31 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 32 of 82 iii. All Other Changes All other changes that affect property off-site of the Preliminary Plat, or otherwise do not fall within the limitations herein, shall not be processed as deviations and shall follow the procedures of Section 3.08.070.F. iv. Determination The Director shall make a determination of whether proposed deviations are deemed to be minor or major. 2. Approval Criteria A Final Plat shall not be considered for final action until the Director has determined the following: a. The Final Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. c.b. The Final Plat is consistent with an approved Preliminary Plat, except as provided for in Section 3.08.080.B.1. c. The Final Plat is consistent with any City-approved construction plans for any required or agreed improvements. d. The Final Plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. e. The tract of land subject to the application is adequately served by public improvements and infrastructure, including water and wastewater or will be adequately served upon completion by the applicant of required improvements. C. Minor Plats 1. Applicability a. A Minor Plat is a plat for four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities and not otherwise considered a Replat or Amending Plat. b. Any plat that requires public improvements per this Unified Development Code, any utility dedication or any dedication of land shall not be processed as a Minor Plat and shall be processed in accordance with Section 3.08.070 or 3.08.080.B.1.b as applicable. 2. Approval Criteria A Minor Plat shall not be considered for final action until the Director has determined the following: a. The Minor Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. Attachment number 2 \nPage 32 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 33 of 82 b. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state or local laws. c. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities. d. The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly and healthful development of the City. e. The tract of land subject to the application is adequately served by public improvements and infrastructure. f. A Plat Waiver may be requested as a companion application to the consideration of a Minor Plat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Minor Plat shall be required to be approved by P&Z. D. Replats 1. Applicability A property owner who proposes to further subdivide all or part of a recorded plat, without first vacating that plat, must obtain approval for a Replat as outlined in the procedures prescribed for the resubdivision of land under these regulations and Texas LGC Chapter 212. 2. Approval Criteria A Replat shall not be considered for final action until the Director has determined the following: a. The Replat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. b. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state or local laws. c. The plat is consistent with the City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer and water mains and the instrumentality of public utilities. d. The plat meets any subdivision design and improvement standards adopted by the City pursuant to Texas LGC § 212.002 or Texas LGC § 212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. Attachment number 2 \nPage 33 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 34 of 82 e. The tract of land subject to the application is adequately served by public improvements and infrastructure. f. A Plat Waiver may be requested as a companion application to the consideration of a Replat, according to the provisions detailed in Section 3.22 of this Code. Such Waivers and the Replat shall be required to be approved by P&Z. g. A Replat may not amend or remove any covenants or restrictions and is controlling over the preceding plat. 3. Responsibility for Final Action Pursuant to Texas LGC §212.0065, the Director of Planning and Development shall have administrative authority for approval of a Replat, without Public Hearing, unless the proposed Replat meets any of the following criteria. In such case, the Planning and Zoning Commission, after a Public Hearing on the matter, is responsible for final action on the Replat, except as otherwise noted. a. The Replat involves more than 4 lots; or b. Any lot proposed by the Replat does not front on an existing streets; or c. The Replat does not require or propose the creation of any new street (requires approval of a Plat Waiver pursuant to Section 3.22); or d. The Replat requires or proposes the extension of municipal facilities (requires approval of Preliminary Plat pursuant to Section 3.08.070); or e. The area covered by the Replat is subject to the requirements of Paragraph 4 below; or f. The Replat is companion to a request for Plat Waiver, per Section 3.22. 4. Additional Requirements for Certain Replats Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require compliance with Texas LGC §212.015 and shall meet the additional requirements outlined below. a. Written notice of the Public Hearing required in Paragraph 3 above shall be mailed, in accordance with Section 3.03.010.C, no less than 15 days prior to the Public Hearing, to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be replatted. b. If the Replat application is accompanied by a Plat Waiver application, per Section 3.22, and is legally protested in accordance with this Section, approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting. For purposes of this Section, a protest is legal if it is made in writing and signed by the owners of at least 20% of the area of the lots or land (including streets and alleys) that was subject to the written notification required above and filed with the Commission prior to the close of the Public Hearing on the Replat. E. Amending Plats 1. Applicability An Amending Plat is any plat meeting the definition in Texas LGC §212.016. Attachment number 2 \nPage 34 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 35 of 82 2. Approval Criteria An Amending Plat shall not be considered for final action until the Director has determined the following: a. The Amending Plat is acceptable for consideration, meaning the application is complete and the information contained within the application is correct and sufficient to allow adequate consideration and final action. b. The plat meets the requirements of §212.016 of the Texas LGC. c. The plat meets or exceeds the requirements of this Unified Development Code and any applicable state law. d. The plat is consistent with the recorded subdivision it is amending. F. Recordation Requirements for Recording Plats 1. The recording plat is the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The plat is ready for recordation only after the following has occurred: a. The Director or the Planning and Zoning Commission has approved the plat; b. For Final Plats, the Development Engineer has approved the Construction Plans; c. For Final Plats, the subdivider has either filed a “financial guarantee of performance” or completed required construction of infrastructure and public improvements; d. The Director or the Chair and Secretary of the Planning and Zoning Commission have signed the plat; and e. Support documentation as required by the County Clerk’s office for plat recordation has been provided to the Planning Department, including the filing fees. 2. The subdivider shall be responsible for paying all record filing fees. G. Expiration of Recording Plats An approved recording plat that has not been filed in the appropriate records of Williamson County within 24 months of its approval shall expire and be considered null and void. H. Vacation of Recorded Plat In accordance with Texas LGC §212.013, after a plat has been recorded with the County, the plat or any portion of the plat may be vacated by application of all the owners of property within the original plat in the same manner as would be currently prescribed under this Code for approval of the original plat (i.e. administrative, public hearing required, etc.). 3.08.090 Extension and Reinstatement of Approved Subdivision Plats A. Extension of Approved Subdivision Plat Prior to expiration of an approved Subdivision Plat, including Preliminary Plats and Recording Plats, an applicant may request a one-time extension of the Subdivision Plat approval for a period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. Approval of an extension for a Final Plat that is subject to the requirement for a Preliminary Plat may only be granted if the Attachment number 2 \nPage 35 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 36 of 82 approval of the Preliminary Plat for such is also extended, if applicable. A request for Subdivision Plat extension shall follow the procedures set forth for such in the UDC Development Manual. B. Reinstatement of Approved Subdivision Plat In the event an approved Subdivision Plat, including Preliminary Plats and Recording Plats, expires, an applicant may seek a one-time reinstatement of the approved Subdivision Plat, without modification, subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. Approval of a reinstatement for a Final Plat that is subject to the requirement for a Preliminary Plat may only be granted if the approval of the Preliminary Plat for such is also reinstated, if applicable. A request for Subdivision Plat reinstatement shall follow the procedures set forth for such in the UDC Development Manual. 1. The reinstatement must be requested within 24 months of the expiration date of the approved Subdivision Plat. 2. The regulations applicable to the plat per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site Plan, such that a new application for the same plan would be substantially the same. 3. The circumstances of the subject property, roadways and adjacent properties shall have remained the same, so as to not change the requirements applicable to the property. Such circumstances could include, but not be limited to, a change in the boundary of the subject property or a change in classification of the adjacent. C. The Director shall have the authority to determine if a Subdivision Plat Extension or Reinstatement meets the criteria for processing and approval. 3.08.060100 Construction Plans A. Applicability Construction plans conforming to the City’s Construction Specifications and Standards Manual and this Code must be submitted to the Development Engineer for all existing or proposed streets, sidewalks, drainage, and utility improvements, and any other infrastructure or public improvements that are required or proposed to be constructed, reconstructed, improved or modified to serve the development. Where the Final Plat is for property being developed in phases, the required construction plans must include the improvements specified in the Preliminary Plat to serve the phase being platted. The construction plans are intended to provide detailed engineering drawings for all improvements required to serve the development. The construction plans shall be kept as a permanent record of the City. B. Construction or Financing of Public Improvements 1. After approval of a Preliminary Plat, the subdivider shall notify the Development Engineer as to the construction procedure the subdivider proposes to follow. One of the following procedures shall be used: a. The subdivider may file construction plans, and, upon approval of the construction plans by the Development Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the subdivider is required to install. Attachment number 2 \nPage 36 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 37 of 82 b. The subdivider may elect to file a “financial guarantee of performance” as provided in Section 13.08, in which case the guarantee of performance shall be filed with the City. 2. Upon completion of construction the subdivider shall deliver to the City a one-year maintenance bond for guarantee of workmanship and materials as provided in Section 13.08. 3. A conditional Construction Permit for a model home may be issued once the streets to the subdivision have been constructed to sub-grade and water service and a fire hydrant are located within 500 feet of the lot on which the model home is located. The Building Official shall note on the permit that the property owner accepts all responsibility for commencing construction prior to completion of the public improvements and City acceptance of the subdivision. The Certificate of Occupancy for the model home will not be issued until the subdivision and all public improvements have been accepted by the City, a Final Plat has been filed with the County and all utilities are connected to the home. 4. The construction documents, when duly signed by the Development Engineer, are authority to proceed with the construction of streets and utilities. C. Responsibility of Subdivider’s Engineer The professional engineer representing the subdivider is responsible for the accuracy, completeness, and conformance to the City’s Construction Specifications and Standards Manual, this Code and all applicable City standards. The City has no project design or engineering responsibility. D. Approval Criteria The purpose of the Development Engineer’s review is to ensure conformance to City policies and standards. However, the Development Engineer’s review is limited to facts as presented on submitted plans. The Drainage Engineer shall review any stormwater-related issues and comment to the Development Engineer. 1. The Development Engineer shall approve construction plans that are submitted and sufficiently show compliance with any City-approved or adopted design or construction criteria manuals or in the absence of City-approved or adopted design requirements, standard engineering practices. 2. The City reserves the right to require corrections to actual conditions in the field that are found to be contrary to or omitted from submitted plans. 3. The Development Engineer shall not approve construction plans that do not adequately represent construction of the approved infrastructure and public improvements included in the approved Preliminary Plat. E. Responsibility for Final Action The Development Engineer is responsible for final action on construction plans. 3.08.070 Final Plat Approval moved A. Applicability 1. Final Plats are technically complete versions of an already approved Preliminary Plat. No Final Plat may be considered or approved unless the Preliminary Plat for the same land has been Attachment number 2 \nPage 37 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 38 of 82 approved, and the Final Plat is consistent with the previously-approved Preliminary Plat. The Final Plat must incorporate all changes from the Preliminary Plat that were considered and approved by the Planning and Zoning Commission. 1. Final Plat review is used to ensure that a final recorded plat application includes final engineering diagrams and descriptions that conform to the Preliminary Plat and the “as-built” infrastructure on the site. B. Final Plat Application Requirements 1. The applicant shall submit all of the information required in the UDC Development Manual. Submission requirements for the Final Plat will be developed by the Director, and will include detailed engineering information necessary for the Director to render an informed decision. 1. A Final Plat is not considered filed for the purposes of §212.009 of the Texas Local Government Code until the application is complete. 2. When filed, the Final Plat must also provide all support documentation required by the County Clerk’s office for recordation. 3. A plat submitted for consideration as a Final Plat must have an area or signature block for any endorsement and approval by the City, as required to file the plat with the County Clerk. C. Approval Criteria A Final Plat shall be approved if it meets all of the criteria below. 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. 1. The Final Plat must be determined to be consistent with an approved Preliminary Plat. 2. The Final Plat must be consistent with any City-approved construction plans for any required or agreed improvements. 3. Any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals or general welfare of the City and the safe orderly, and healthful development of the City. 4. The tract of land subject to the application is adequately served by public improvements and infrastructure, including water and wastewater or will be adequately served upon completion by the applicant of required improvements. 5. All plats of property located two miles or less from the boundaries of the Georgetown Municipal Airport, shall include a plat note granting an avigation easement in the form required by the Development Manual. D. Responsibility for Final Action The Director is responsible for final action on all Final Plats, and shall ensure that they comply with the City-approved Preliminary Plat. E. Recordation If the Director has approved the Final Plat, the Development Engineer has approved the construction plans, the subdivider has either filed a “financial guarantee of performance” or Attachment number 2 \nPage 38 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 39 of 82 completed required construction of infrastructure and public improvements, and the Director’s signature appears on the Final Plat, then the Final Plat becomes the instrument to be recorded in the Office of the County Clerk. The subdivider shall pay the record filing fee. F. Expiration of Final Plat and Plans An approved Final Plat that has not been filed in the appropriate records of Williamson County within 18 months of its approval shall expire and be considered null and void. 3.08.080 Replat moved A property owner who proposes to re-divide any portion of a recorded Final Plat, without vacating any portion of the Final Plat, must obtain approval for a Replat under one of the following procedures prescribed for the resubdivision of land under these regulations and Texas Local Government Code Chapter 212, as amended. A Replat may not amend or remove any covenants or restrictions and is controlling over the preceding plat. A. Replat Qualifying as Amending Plat A Replat may be processed as an Amending Plat, pursuant to Texas Local Government Code §212.016, following the procedures set forth for such in Section 3.08.040 of this Chapter, if: 1. The Replat does not propose to increase the numbers of lots; 1. All lots covered by the Replat front on existing streets; 2. The Replat does not require or propose the creation of any new streets; and 3. The Replat does not require or propose the extension of municipal facilities. B. Replat Qualifying as Minor Plat A Replat may be processed administratively as a Minor Plat, pursuant to Texas Local Government Code §212.0065, following the procedures set forth for such in Section 3.08.040, if: 1. The Replat involves four or fewer lots; 1. All lots covered by the Replat front on existing streets; 2. The Replat does not require or propose the creation of any new streets; and 3. The Replat does not require or propose the extension of municipal facilities. C. All Other Replats 1. A Replat not otherwise qualifying for administrative approval, as outlined above, requires Public Hearing and final action by the Planning and Zoning Commission. 1. If, during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, compliance with Texas Local Government Code §212.015, as outlined below, shall be required in addition to the requirements of Paragraph A above. c. Public Notice shall be published, in accordance with Section 3.03.010.B, no less than 15 days prior to the Public Hearing. Attachment number 2 \nPage 39 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 40 of 82 d. A notice of the Public Hearing shall be mailed, no less than 15 days prior to the Public Hearing, to all owners of lots that are within the original subdivision and located within 200 feet of the property to be replatted. 2. A Replat under this Section shall follow the application requirements set forth for Final Plats in Section 3.08.070.B. Section 3.09 Site Plan Review 3.09.010 Applicability A. An approved, valid Site Plan is required prior to the construction, expansion, or removal of any improvements to a property, as defined in Section 16.2 of this Code, within the City’s limits, except as follows:Prior to any land disturbance for the purpose of development within the City limits, and applicable sites subject to Chapter 14, an applicant must prepare a Site Plan and obtain approval under this Section. 1. Detached Single-family and Two-family development structures, accessory structures, and fences on individually, platted lots are exempt from this requirement. No other land disturbance or development shall be lawful or permitted to proceed without final Site Plan approval.; and 2. Agricultural buildings for the purposes of farming, ranching or sheltering of animals. B. All improvements reflected on approved Site Plans must be constructed at the time of development. All terms and conditions of Site Plan approval must be met at the time of development. C. The Site Plan may not be approved unless the lot on which the improvements are proposed is legally platted or the subject tract is determined to be exempt from the platting requirements of Section 3.08. D. Where site plan approval is required, no Building Permit approval shall be issued for any development of land until such property has received final site plan approval and is in conformity with the provision of this Code. E. The provisions of this Section relating to Site Plans are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. 3.09.020 Review Process Review of a Site Plan shall follow the procedures set forth in Section 3.03.040 for administrative review and shall be processed as follows:. A. Application Completeness 1. The applicant shall submit all of the information required in the UDC Development Manual as specified on the Site Plan application checklist. 2. The Director shall determine that a complete application has been submitted with all material necessary to review the Site Plan’s conformance with applicable criteria for approval. Attachment number 2 \nPage 40 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 41 of 82 B. Staff Review 1. The Director shall review the application, considering any applicable criteria for approval, and notify the applicant of any necessary corrections. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application. C. Responsibility for Final Action The Director is responsible for final action on Site Plans. 3.09.030 Criteria for Approval A Site Plan shall be approved if it is in compliance with the following criteria: A. A complete application and fee have been submitted. B. The application and content of the application are consistent with the provisions of this Unified Development Code, the Comprehensive Plan, and any other applicable City regulations. C. The application and content of the application are consistent with the UDC Development Manual, City’s Construction Specifications and Standards Manual, this Code and any written interpretations of this Code. D. Compliance with any approved plat, Development Agreement or other agreement or ordinance governing the parcel of land to which the Site Plan is related. E. Compliance with any additional Site Plan approval criteria required for Overlay Districts or any Site Plan approval criteria adopted as part of a special area plan. F. Prior to final approval of any plan within the City Limits, the applicant must certify to the Drainage Engineer that all requirements for a Stormwater Permit are met by the Site Plan. Approval of the Site Plan constitutes approval of the Stormwater Permit. G. The Site Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas, except as otherwise provided for in this Section. 3.09.040 Responsibility for Final ActionComponents of a Site Plan All Site Plans shall include the following components demonstrating compliance with the provisions of this Code and the UDC Development Manual, unless otherwise provided for within this Section:The Director of Planning and Development is responsible for final action on Site Plans. A. Cover Sheet; B. Dimensional Site Plan; C. Utility Plan; D. Architectural Plan; E. Tree Preservation Plan; F. Landscape Plan; Attachment number 2 \nPage 41 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 42 of 82 G. Lighting Plan; and H. Grading and Drainage Plan. 3.09.050 Site Plan Area of Development A Site Plan shall include the entire area within the legal boundaries of the tract for which it is proposed; however, the area included in a Site Plan may be reduced to reflect the actual area of development in the situations listed below. The new artificial boundary shall be the same used for all components of the Site Plan and shall be scaled such that all requirements applicable to the Site Plan can be met within that boundary. A. The area of development is part of a much larger tract whereby the area encompasses less than 50% of the total tract; B. The proposed improvements are part of a larger campus where the areas are designed to function relatively independent of each other; C. The excluded area is to remain undeveloped and in its natural state; D. The improvements are proposed to be added to an existing site, provided: 1. No improvements are proposed to the excluded area; 2. Review of the excluded area is not necessary for review of the area of development; 3. The improvements proposed within the area of development are not dependent on improvements located within the excluded area; and 4. No retrofitting of existing site improvements is required pursuant to the provisions applicable to the expansion of a nonconforming structure or site in Chapter 14; and E. Other similar circumstances as determined by the Director. 3.09.060 Site Plan Phasing When development is proposed for a larger site with multiple buildings, an applicant may choose to partition the site and construct the improvements in a series of phases as follows: A. The Site Plan submittal shall include a Phasing Plan indicating the boundaries of each phase and the order of construction of associated site improvements. B. No Phasing Plan shall propose more than 5 phases or exceed a period of 10 years. The Director may approve phasing in excess of this number if the applicant can provide justification for such. C. The proposed order of phasing shall follow a logical progression and, in the event subsequent phases are not built, must meet the minimum requirements of this Code, including, but not limited to, parking, landscaping, tree mitigation, fire access and stormwater management. D. Changes to a Phasing Plan shall meet the requirements of this Section and follow the procedures established for revisions of Site Plans. 3.09.070 Minor Site Plan Where the scope of required or proposed site improvements is limited, as herein defined, a Minor Site Plan review process may be utilized subject to the provisions below. Attachment number 2 \nPage 42 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 43 of 82 A. Determination of Minor Site Plan Review 1. A Minor Site Plan submittal may be considered when the extent, type or size of the site improvements is so minimal that review of all standard Site Plan components, as identified in Section 3.09.040, is not necessary, as determined by the Director. Typical situations qualifying for Minor Site Plan review may include, but not be limited to, improvements required by Chapter 14 due to a change in use, a small addition to a building over existing impervious coverage, installing parking lot striping on an existing unmarked parking lot, or replacement of a site’s existing landscaping. 2. A Minor Site Plan review shall not be utilized when: a. Site improvements are proposed to a property where no development has otherwise occurred, except in unique situations as determined by the Director; b. The proposed project requires preparation of a Traffic Impact Analysis (TIA); c. The proposed project requires preparation of a stormwater drainage study, although some drainage information may be reviewed as part of a Minor Site Plan; d. Impervious coverage in excess of 1,500 square feet is proposed; e. A building addition in excess of 500 square feet is proposed; f. The intended project requires or proposes more than 4 parking spaces; or g. Similar situations are proposed as determined by the Director. B. Components of a Minor Site Plan The components required with a Minor Site Plan application shall be those determined by the Director to be applicable to the particular situation and necessary to verify the conformance of the proposed site improvements with the provisions of this Code. The Director may determine an engineer is not required to prepare the plans under the Minor Site Plan provisions if the proposed improvements do not warrant such. 3.09.050080 Changes and Continuation ofRevisions to Approved Site Plans Any modifications to an approved Site Plan must be resubmitted to the Director for consideration as follows: A.Site Plan Approved Under the Unified Development Code The applicant shall be required to submit a plan of the revised area, meeting all requirements of this Code. The Director shall review the application in accordance with Section 3.09.030. B.Site Plans Approved Under Prior Ordinances 1.The applicant shall be permitted to continue with development consistent with the Site Plan approved prior to the effective date of this Code. If the applicant has not applied for a Building Permit within 12 months of the approved phasing plan date, all prior approvals will become void for any undeveloped areas. In that event, for any further development the applicant must submit a Site Plan that meets the standards of this UDC, the Comprehensive Plan, City’s Construction Specifications and Standards Manual, and any other applicable City regulations. 2.The Director shall review the application in accordance with Section 3.09.030. Attachment number 2 \nPage 43 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 44 of 82 C.Criteria for Minor Site Plan Revisions 1. Minor revisions and / or modifications which require changes to an approved Site Plan may be approved by the Director. For the purposes of this subsection “minor” modifications are those which do not substantially change the design or nature of the original Site Plan and have no significant adverse impact upon neighboring properties, the public or persons who will occupy or use the proposed development may be processed as a Site Plan Amendment. An application for Site Plan Amendment following the requirements of the UDC Development ManualA written request shall be made submitted to the Director Planning Department which clearly identifies identifying the requested revisions and / or modifications. Any changes approved by the Director shall be shown on the revised siteSite Plan. 2. The Director may determine a correction or a modification is so minuscule or insignificant that it does not warrant review of a Site Plan Amendment and cause the change to be directly updated and included in the original file. 2.3. All other revisions and / or modifications not defined as “minor” shall be processed as a new application. Approval of a modified Site Plan, processed as a new application, shall void the previously approved Site Plan. 3.09.060 Expiration A. A Site Plan shall expire 24 months after the date that the Site Plan was approved, unless: 1. A complete Building Permit application has been submitted approved or, if no Building Permit is required, a Certificate of Occupancy has been issued. 2. In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted approved within 24 months from the date Site Plan approval is granted. Each subsequent application must be submitted approved within 24 months from the date of issuance of a Certificate of Occupancy, conditional or otherwise, by the Building Official for the previous phase of the development. 3. Except as provided for within this Section, aA lapse of a period greater than the periodsthose set forth above causes the related approvals or permits to expire and be of no further force and effect. Any further action shall require a new application and approval. B. Site Plan Extension Prior to expiration of an approved Site Plan, an applicant may request a one-time extension of the Site Plan approval for a period of 24 months if the Director determines such extension will have no negative impacts on the surrounding area and would not be contrary to the public interest. A request for Site Plan extension shall follow the procedures set forth for such in the UDC Development Manual. C. Site Plan Reinstatement In the event a Site Plan approval expires, an applicant may seek a one-time reinstatement of the approved Site Plan, without modification, subject to the provisions below. Such reinstatement may be granted by the Director for a period not to exceed 24 months. A request for Site Plan reinstatement shall follow the procedures set forth for such in the UDC Development Manual. Attachment number 2 \nPage 44 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 45 of 82 1. The reinstatement must be requested within 24 months of the expiration date of the approved Site Plan. 2. The regulations applicable to the project per the Code currently in effect may not be determined to be significantly different from those applied to the original approval of the Site Plan, such that a new application for the same plan would be substantially the same. 3. The circumstances of the adjacent properties, roadways and subject property shall have remained the same, so as to not change the requirements applicable to the property. Such circumstances could include, but not be limited to, a change of zoning in the subject or adjacent properties, a change in the boundary of the subject property, a change in classification of the adjacent roadway or neighboring construction affecting landscape buffers. D. The Director shall have the authority to determine if a Site Plan Extension or Reinstatement meets the criteria for processing and approval. 3.09.070 Site Related Construction Plans Where a Site Plan entails site construction, Construction Plans shall be required and must be approved by the Development Engineer prior to any site construction. The plans shall be submitted for all existing and proposed private and public parking, driveways, sidewalks, drainage, and utility improvements. Review of site related Construction Plans shall follow the procedure set forth in Section 3.03.040. The site related Construction Plans may be included as part of the Site Plan, subject to the requirements in the Development Manual. A. Site related Construction Plans must be consistent with the approved site plan. B. For all public improvements the plans shall conform to the City’s Construction Specifications and Standards Manual and this Code. C. For all private improvements, the plans shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the state of Texas. D. The materials, embedment, and testing of all private main utility lines 6 inches and above in diameter shall meet the requirements of the City’s Construction Specifications and Standards Manual and/or the approved City Building Codes. E. The site construction plans shall meet the requirements of the City Drainage Manual. Section 3.10 Letters of Regulatory Compliance 3.10.010 Applicability A Letter of Regulatory Compliance may, as defined in 3.10.020 A and B, may be obtained upon written request as outlined in the Development Manual. 3.10.020 Types of Letters of Regulatory Compliance A. Zoning Verification Letter A Zoning Verification Letter is a letter that indicates to a property owner that a specified use, clearly identified in the application, is permitted within the Zoning District. A Zoning Verification Letter does not authorize the property owner to proceed with a development; does not specify Attachment number 2 \nPage 45 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 46 of 82 requirements that must be met for future development; and does not include a determination that a tract of land may be developed. B. Legal Lot Verification Letter A Legal Lot Verification Letter is a letter to determine that a lot is platted or determined to be a legal lot. An application may be made requesting the Director, or their designee, to provide a determination of the legal platting status of a tract of land. The determination shall be provided in written format in compliance with Local Government Code Subsection 212.0115. The Director shall determine the following: 1. Whether a plat is required under this Chapter for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the appropriate approving body. Section 3.11 Temporary Use Permit 3.11.010 Applicability The following temporary uses may not be commenced until the applicant obtains a Temporary Use Permit from the Building Official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this Section relating to Temporary Use Permits are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. The following uses may be permitted, subject to the issuance of a temporary use permit: A. Pumpkins, Christmas trees, and other seasonal product sales. No permit shall be required for such uses operated as part of a school or place of worship. B. Sales Offices and Model Homes, pursuant to the standards set forth in Section 5.08.020. C. Temporary Parking Lots, pursuant to the standards set forth in Section 5.08.020. D. Business offices or sales facilities where construction of a permanent facility is being diligently completed, pursuant to the standards set forth in Section 5.08.020. E. Construction field offices, pursuant to the standards set forth in Section 5.08.020. F. Private farmer’s markets, pursuant to the standards set forth in Section 5.08.020. G. Temporary manufacturing of concrete products, pursuant to the standards set forth in Section 5.08.020. H. Mobile or outdoor food vendor, pursuant to City Code Section 8.12. I. Offsite construction staging, pursuant to the standards set forth in Section 5.08.020 J. Portable classrooms, pursuant to the standards set forth in Section 5.08.020. K. Temporary storage facility located on a property affected by a natural disaster, pursuant to the standards set forth in Section 5.08.020. K.L. Noise Permits, pursuant to City Code Section 8.16.050. Attachment number 2 \nPage 46 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 47 of 82 L.M. Similar temporary uses which, in the opinion of the Director, are compatible with the district and surrounding land uses. 3.11.020 Review Process Review of a Temporary Use Application shall follow the procedure set forth in Section 3.03.040. 3.11.030 Approval Criteria In addition to the general criteria for consideration of administrative procedures in 3.03.040.D.1, the Director shall consider whether the application complies with the following standards: A. Land Use Compatibility The temporary use must be compatible with the purpose and intent of this Unified Development Code and the Zoning District in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety, or welfare or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points. B. Compliance with Other Regulations A Building Permit or temporary Certificate of Occupancy may be required, as determined by the Building Official, before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet all applicable building Building Code, Zoning District, and Fire Code standards as well as any provisions of this Code for such temporary use.and shall be promptly removed upon the cessation of the use or event. Upon cessation of the temporary event or use, any structures associated with the temporary use shall be promptly removed and the site shall be returned to its previous condition (including the removal of all trash, debris, signage or other evidence of the temporary use). C. Duration The duration of the Temporary Use shall be established by the Building Official at the time of approval of the Temporary Use Permit, pursuant to any provisions of Chapter 5 applicable to the temporary use. In the event no time limit is established, the Building Official shall set the time limit of the Temporary Use Permit, but in no case shall the duration shall be a period not to exceed 90 days. D. Traffic Circulation The temporary use shall not cause undue traffic congestion or accident potential, as determined by the Development Engineer, given anticipated attendance and the design of adjacent streets, intersections, and traffic controls. E. Off-Street Parking Off-street parking shall be provided in accordance with Table 9.02.030.A for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site. F. Public Conveniences and Litter Control Adequate on-site rest room facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. Attachment number 2 \nPage 47 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 48 of 82 G. Appearance and Nuisances The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not unduly impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution. H. Signs The Building Official shall review all signage in conjunction with the issuance of the permit. Such signage shall be in accordance with the requirements of this Code. I. Other Conditions The Building Official may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, restrictions on hours of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use. J. Revocation The Building Official may revoke a Temporary Use Permit if it is determined that: 1. The applicant has misrepresented any material fact on his or her application or supporting materials. 2. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. 3. The operation of the temporary use violates any statute, law ordinance, or regulation. 4. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public. 3.11.040 Responsibility for Final Action The Building Official is responsible for final action on all Temporary Use Permits. Section 3.12 Master Sign Plan 3.12.010 Applicability A Master Sign Plan shall be required for all multiple-tenant buildings, Planned Unit Developments, and all multi-building or multi-occupant commercial developments before any signs for such development may be erected on the property. All owners, tenants, subtenants, and purchasers of individual units within the development shall comply with the approved Master Sign Plan. 3.12.020 Review Process Review of a Master Sign Plan shall follow the procedure set forth in Section 3.03.040. 3.12.030 Criteria for Approval In addition to the general administrative review criteria in Section 3.03.040.D, the Building Official must determine the following in order to approve the Master Sign Plan: Attachment number 2 \nPage 48 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 49 of 82 A. The plan provides that signs of a similar type and function within the development will have a consistent building material. B. The plan provides for signs that meet the size limitations, location requirements, and other applicable requirements of this Unified Development Code. 3.12.040 Responsibility for Final Action The Building Official is responsible for final action on Master Sign Plans. A sign permit shall also be required in accordance with Section 3.18. 3.12.050 Expiration A Master Sign Plan shall expire 12 24 months after the date that the Master Sign Plan was approved unless: A. A complete Building Permit application has been submitted approved or, if no Building Permit is required, a Certificate of Occupancy, or equivalent, has been issued. B. In case of projects where more than one building or phase is to be built, the applicant may submit a series of Building Permit applications. The first application must be submitted approved within 12 months from the date Site Plan approval is granted. Each subsequent application must be submitted within 12 24 months from the date of issuance of a Certificate of Occupancy by the Building Official for the previous phase of the development. Section 3.13 Certificate of Design Compliance 3.13.010 Applicability A. Pursuant to the authority granted to the City by Texas Local Government Code Chapter 211 and the City Charter, a Certificate of Design Compliance is required in the following circumstances before the commencement of development within or work upon any building or structure located within designated areas of the City: 1. Non Single-family and Non Two-family Residential Structures a. Whenever such work or development to a non Single-family or non Two-family residential structure requires Site Plan review or any other permit or approval issued under this Chapter; or b. Whenever such work to a non Single-family or non Two-family residential structure includes the erection, moving, demolition, reconstruction, restoration or alteration of the exterior of any structure or site, except when such work satisfies all the requirements of ordinary maintenance and repair as defined in Section 16.02, Definitions. 2. Single-family and Two-family Residential Structures a. Whenever an addition is proposed to the front faćade of an existing Single-family or Two- family residential structure; or b. Whenever construction of a new Single-family or Two-family residential structure or an addition to an existing residential structure is proposed that will exceed the height limitation or setback standards in Section 4.08.020.B of this UDC; or Attachment number 2 \nPage 49 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 50 of 82 c. Whenever construction of a new Single-family or Two-family residential structure or an addition to an existing Single-family or Two-family residential structure is proposed that, either alone or in combination with the existing structure, will exceed the maximum floor- to-area-ratio (FAR) ratio allowed per Section 4.08.020.B of this UDC. B. A Certificate of Design Compliance is required for development within the following areas of the City: 1. Any development within the Historic Overlay District; 2. Any development within The the Downtown Overlay District 3. The Old Town Overlay District rResidential, commercial or vacant properties used as or changing to a commercial use within the Old Town Overlay District; 4. Demolition or relocation of Any any building or structure on the List of Priority ; orStructures proposed for demolition or relocation. 5. Any addition or new construction in the Old Town Overlay District requiring Certificate of Design Compliance approval pursuant to Section 4.09.030.B. C. No Building Permit shall be issued by the Building Official for any structure or site located within a Historic Overlay District or other applicable Overlay District until the application for such permit has been reviewed by the Historic and Architectural Review Commission and a Certificate of Design Compliance has been approved by the HARC. D. Certificate of Design Compliance for Demolition 1. No building or structure within the Downtown Overlay District, Old Town Overlay District or any other Historic Overlay District or on the List of Priority Structures shall be demolished or relocated unless such demolition or relocation is approved by the Historic and Architectural Review Commission and a Certificate of Design Compliance for such demolition has been granted. However, this authority shall not supersede the Building Official’s authority under Chapter 15.40, “Dangerous Building Ordinance,” of the Georgetown Municipal Code. 2. Demolition or Relocation Delay Period for CDC Issuance If HARC does not approve the CDC for a demolition or relocation request at the initial Hearing then the delay process noted below will come into play: a. Demolition or relocation of a Low, Medium or High priority structure requires a delay period prior to the issuance of a Certificate of Design Compliance (CDC) as follows: i. Low priority structures shall require a delay period of up to 175 days; ii. Medium or High priority structures shall require a delay period of up to 365 days; and iii. Properties involved in a Demolition by Neglect case will automatically receive a 365-day delay period, see Sections 4.08.010.F, 4.09.020.F and 4.10.010.G for the Demolition by Neglect regulations. b. This delay period shall be initiated from the date of the public hearing to allow for an attempt to find an alternative to demolition or relocation of the structure. Attachment number 2 \nPage 50 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 51 of 82 c. During this time period, the applicant shall be required to address the criteria listed in Section 3.13.050 below. d. The case shall be placed on the first HARC agenda, for another public hearing with required notice, which falls after either the delay period or earlier upon the completion of the criteria in Section 3.13.050, for Final Action on the application for CDC. If the applicant has failed to comply with Section 3.13.050, the CDC will be denied. e. If no alternative to demolition or relocation has been found and the applicant has complied with Section 3.13.050, a Certificate of Design Compliance for demolition or relocation shall be issued by the HARC. 3. If a structure is demolished or relocated without CDC approval by HARC, no additional HARC approval or building permit may be issued for the property for a period of 365 days. Any person who removes a structure, accidentally or otherwise, in violation of this Chapter and without CDC approval shall be required to pay a civil penalty in the amount of $5,000 for each structure removed. 4. A property owner may make a request to HARC to reduce the 365-day wait period for a building permit as specified in Section 3.13.010.D.3 above based on the following: a. The 365-day delay places an undue hardship on the property owner. b. Only a portion of the structure was demolished. c. The structure demolished was not historic. d. The remaining portions of the structure need to be secured or strengthened to protect it from further deterioration. e. Construction work is required to make the structure habitable. 5. To approve a reduction in the 365-day waiting period for the issuance of a building permit, HARC must determine that the demolition has limited impact on the remaining historic significance of the property, and that the reduced waiting period is appropriate based on either health, safety, and welfare or that to continue with the delay would place an undue hardship on either the property or property owner. E. Definitions Definitions are those in the Design Guidelines for the Downtown Overlay District and in the Historic Resources Survey of Georgetown, Texas.  High Priority. Any structure designated a high priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List.  Medium Priority. Any structure designated a medium priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List.  Low Priority. Any structure designated a low priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. Attachment number 2 \nPage 51 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 52 of 82  List of Priority Structures. Any structure listed in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. F. Database of Priority Structures A database of the addresses of the high, medium, and low priority structures shall be maintained by the Planning and Development Department. The Preservation Officer shall be notified by the Inspection Services personnel of a request for demolition or relocation permit based on the Historic Database and shall place the item on the first available HARC agenda. No permit shall be issued until an application for a Certificate of Design Compliance is approved by HARC. 3.13.020 Review Process A. Initiation Initiation of a Certificate of Design Compliance may be made upon application by the property owner of the affected property or their authorized agent. B. Pre-application Conceptual Review for Major Projects Projects that involve infill construction or the substantial rehabilitation of an existing structure shall be required to submit preliminary information to the Historic and Architectural Review Commission and to appear at the regularly scheduled meeting for conceptual review prior to making an official application. Materials for the conceptual review will be submitted to the Director at least seven days before the regularly scheduled meeting so that it can be included in the packets distributed to the Commission. C. Application Application must be made in a format consistent with requirements determined by the Director. Applications must include all materials determined necessary by the Director. Format requirements and materials required for the application shall be made available by the Director in advance of any application. D. Application for Demolition or Relocation 1. Justification Statement The applicant shall provide a written statement showing the demolition or relocation is sought for one or more of the following reasons: a. To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district. b. No economically viable use of the property exists. c. The structure poses an imminent threat to public health or safety. d. The structure is noncontributing to the historic overlay district and is not historically significant. e. Other special circumstances, as described and justified by the applicant. 2. Application Requirements: a. To replace the structure with a new structure that is more appropriate and compatible with the historic overlay district, the following information may be required: Attachment number 2 \nPage 52 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 53 of 82 i. Drawings, photographs or written descriptions depicting the original construction of the structure. ii. Drawings, photographs or written descriptions depicting the current condition of the structure. iii. Any conditions the applicant requesting demolition is voluntarily placing on the new structure to mitigate the loss of the current structure. iv. Drawings of the new structure by a licensed architect. v. A guarantee agreement between the owner and the City that demonstrates the owner’s intent and financial ability to construct the new structure. The guarantee agreement must: (a) Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Design Compliance process; (b) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other arrangement acceptable to the Director to ensure construction of the new structure; and (c) Be approved as to form by the City Attorney. (d) If the project subject to the performance and payment bond, letter of credit, etc. as noted in Section (2) above is not constructed within the time limit of the financial security, the funds from the security shall be taken by the City and placed in a Preservation Fund. These funds that shall be used for preservation purposes and activities such as acquiring historic properties proposed for demolition, paying for restoration and other studies for applicants with financial hardships, and other efforts to further preservation. vi. Approval of a Certificate of Design Compliance for the proposed new structure, if applicable. b. If no economically viable use of the property, the following information may be required: i.vii. The past and current uses of the structure and property. ii.viii. Drawings, photographs, or written descriptions depicting the current condition of the structure. iii.ix. Drawings, photographs, or written descriptions depicting the original construction of the structure. iv.x. Any conditions the applicant requesting demolition is voluntarily placing on the new structure to mitigate the loss of the current structure. v.xi. The date and price of purchase or other acquisition of the structure and property. vi.xii. The assessed value of the structure and property according to the two most recent tax assessments. vii.xiii. The amount of real estate taxes on the structure and property for the previous two years. Attachment number 2 \nPage 53 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 54 of 82 viii.xiv. The current fair market value of the structure and property as determined by an independent licensed appraiser. ix.xv. All appraisals obtained by the owner and prospective purchasers within the previous two years in connection with the potential or actual purchase, financing or ownership of the structure or property. x.xvi. All listings of the structure and property for sale or rent within the previous two years, prices asked, and offers received. xi.xvii. A profit and loss statement for the property and structure containing the annual gross income for the previous two years and itemized expenses (including operating and maintenance costs) for the previous two years. xii.xviii. All capital expenditures during the current ownership. xiii.xix. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report access assessing the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility – structurally and financially – of restoration and/or adaptive reuse of the structure. xiv.xx. The applicant explains how the following economically viable alternatives available to the demolition have been addressed, including: (a) Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and façade easement. (b) The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. c. To demolish or remove a structure that poses an imminent threat to public health or safety, the following may be required: i. Drawings, photographs, or written descriptions of the current condition of the structure. ii. A study performed regarding the nature, imminence, and severity of the threat, performed by a licensed architect or engineer. iii. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report access assessing the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility – structurally and financially – of restoration and/or adaptive reuse of the structure. iv. Any other information requested by the Building Official to determine the condition of the property. d. To demolish or remove a structure that is noncontributing to the historic overlay district; the following may be required: i. Documentation that the structure is noncontributing to the historic overlay district. Attachment number 2 \nPage 54 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 55 of 82 ii. Documentation of the age of the structure. iii. A statement of the purpose of the demolition. e. To demolish or remove a structure based on other special circumstances, the following may be required: i. Drawings, photographs, or written descriptions depicting the original construction of the structure. ii. Drawings, photographs, or written descriptions depicting the current condition of the structure. iii. Any conditions the applicant requesting demolition is voluntarily placing on the new structure or property to mitigate the loss of the current structure. iv. A restoration study of the structure, including the following: (a) An inspection by a licensed home inspector, who shall provide a written report access assessing the condition of the structure; and (b) A feasibility study performed by a licensed architect or engineer. This study should analyze the feasibility – structurally and financially – of restoration and/or adaptive reuse of the structure. v. Drawings of the new structure by a licensed architect, if applicable. vi. If a new structure is proposed, a guarantee agreement between the owner and the City that demonstrates the owner’s intent and financial ability to construct the new structure. The guarantee agreement must: (a) Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the Certificate of Design Compliance process; (b) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit or other arrangement acceptable to the Director to ensure construction of the new structure; and (c) Be approved as to form by the City Attorney. vii. Approval of a Certificate of Design Compliance for the proposed new structure, if applicable. 3. Site Plan The applicant must provide a post demolition site plan addressing what will be developed on the site after the demolition or relocation and provide verification that they are financially able to complete the development. 4. Relocation in Historic District If the structure is moved to a site within the historic district: a. Assess the architectural compatibility of the relocated structure with adjacent buildings according to the guidelines for new construction. b. Review the proposed siting, setback, landscaping, and other site-specific treatments according to pertinent guidelines. Attachment number 2 \nPage 55 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 56 of 82 c. Ensure that the relocation will not damage existing historic buildings or the character of the district. d. Receive HARC approval of the CDC for the new location, if required. 5. Other Evidence Requested Any other evidence the HARC, City Council, or Director requests. 6. Other Applicant Information Any other evidence the property owner wishes to submit. 7. Homeowners When a resident homeowner is unable to meet the requirements set forth in this Section due to a financial hardship, then HARC, at its own discretion, may waive some or all of the required information and/or request substitute information that a resident homeowner may obtain without incurring costs. If HARC cannot make a determination based on information submitted and an appraisal has not been provided, then HARC may request an appraisal be made by the City. 8. Standing Subcommittee for Submission Requirements HARC shall appoint a standing Subcommittee to meet with staff and applicants for proposed demolitions to determine the submission requirements. These meetings shall take place as part of the City’s typical Pre-Application meeting process. Staff will advise the Subcommittee of any scheduled meetings related to demolition or relocation requests; however, if the Subcommittee is not present at the meeting, staff has the authority to determine the submission requirements. E. Completeness Determination Upon submission of an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. F. Staff Review Once a Certificate of Design Compliance has been initiated and the application deemed complete, the Director shall review the application for consistency with any applicable criteria for approval. 1. Administrative Determination The following applications will be reviewed administratively: a. Landscaping; b. Residential fences; c. Exterior Paint Colors – Residential properties in the Downtown Overlay; and, d. Demolition of a non-historic accessory structure. 2. Exterior Signage A Certificate of Design Compliance for exterior signage shall be reviewed by a standing Subcommittee appointed by the Historic and Architectural Review Commission for this purpose. This Subcommittee may approve the Certificate if it determines that the application is consistent with the design guidelines. This does not preclude the submission of any Certificate of Design Compliance application to the full commission for review if the Subcommittee believes that such a review is warranted. Attachment number 2 \nPage 56 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 57 of 82 3. General Criteria a. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. b. The Director may assign staff or consultant to review the application and make a preliminary report to the Director. c. The Director’s report may include a recommendation for final action. G. Economic Review Panel HARC shall approve an ad hoc three-person economic review panel, whose task is to review the financial portions of applications of no economically viable use of the property. The review panel shall consist of three persons knowledgeable in the local real estate economy, renovation, and redevelopment. 1. Restrictions on Review Panel The review panel may not be: a. A person with financial or personal interest in the property. b. An employee of the applicant. c. A City employee. d. A member of HARC. 2. Selection of Review Panel The economic review panel must consist of: a. One person appointed by the City Council upon recommendation of the HARC, and b. One person selected by the property owner, and c. One person shall be selected by the first two appointees. If the first two appointees cannot agree on a third appointee within 10 days of receipt of the application by the Director or designee, then the Director will select the third appointee with preference given to a representative of the Texas Historical Commission. 3. Economic Review Panel Hearing Within 45 days of appointment, the economic review panel shall review the application, hold a hearing and forward its recommendation on to HARC. 3.13.030 Criteria for Approval - General The HARC shall determine whether to grant a Certificate of Design Compliance based on the following criteria: A. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action. B. Compliance with any design standards of this Unified Development Code. C. Compliance with the adopted Downtown Design Guidelines, as may be amended from time to time, specific to the applicable Historic or Overlay District. D. The integrity of an individual historic structure is preserved. Attachment number 2 \nPage 57 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 58 of 82 E. New buildings or additions are designed to be compatible with surrounding historic properties. F. The overall character of the Historic or applicable Overlay District is protected. G. Signs that are out of keeping with the adopted design standards, and are not in character with the site or landmarks within the Historic or applicable Overlay District in question will not be permitted. H. The following may also be considered by the HARC when determining whether to approve a Certificate for Design Compliance: 1. The effect of the proposed change upon the general historic, cultural, and architectural nature of the site, landmark, or District. 2. The appropriateness of exterior architectural features, including parking and loading spaces, which can be seen from a public street, alley, or walkway. 3. The general design, arrangement, texture, material, and color of the building or structure and the relation of such factors to similar features of buildings or structures in the District, contrast or other relation of such factors to other landmarks built at or during the same period, as well as the uniqueness of such features, considering the remaining examples of architectural, historical, and cultural values. 3.13.040 Supplemental Criteria - Demolition or Relocation Approval In determining whether to issue a Certificate of Design Compliance for demolition or relocation, HARC, and, on appeal to City Council, shall consider the following criteria, in addition to the criteria specified above. A. The uniqueness of the structure as a representative type of style of architecture, historic association, or other element of the original designation criteria applicable to such structure or tract. B. The condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure. C. Status of the structure under Chapter 15 of the Georgetown City Code containing Building Safety Standards and rules governing Dangerous Buildings. D. The HARC shall deny the application for demolition or removal unless it makes the following findings: 1. For a request to replace a structure with a new structure, it finds: a. The new structure is more appropriate and compatible with the historic overlay district than the structure to be demolished or relocated. b. The owner has the financial ability and intent to build the new structure. HARC must first approve the CDC, if required, for the new structure before it may consider the request for demolition or removal. 2. For a request to remove or demolish a structure that has no economically viable use, unless it finds: Attachment number 2 \nPage 58 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 59 of 82 a. The structure is incapable of earning a reasonable economic return unless the demolition or removal is allowed. A reasonable economic return does not have to be the most profitable return possible. b. The structure cannot be adapted for any other use, which would result in a reasonable economic return. c. The owner has failed during the last two years to find a developer, financier, tenant, or purchaser that would enable the owner to realize a reasonable economic return, despite reasonable efforts to do so. d. HARC shall also consider the economically viable alternatives available to the demolition applicant, including: i. Donation of a part of the value of the subject structure or site to a public or nonprofit agency, including the conveyance of development rights and façade easement. ii. The possibility of sale of the structure or site or any part thereof, to a prospective purchaser capable of preserving such structure or site. iii. The potential of such structure or site for renovation and its potential for continuing use. iv. The potential of the subject structure or site for rezoning in an effort to render such property more compatible with the physical potential of the structure. The ability of the subject structure or site to produce a reasonable economic return on investment for its owner, provided however, that it is specifically intended that this factor shall not have exclusive control and effect, but shall be considered along with all other criteria contained in this Section. 3. For a request to demolish or remove a structure that poses an imminent threat to public health or safety, unless it finds: a. The structure is a documented major and imminent threat to public health and safety. b. The demolition or removal is required to alleviate the threat to public health and safety. c. There is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner. 4. For a request to demolish or remove a structure that is noncontributing to the historic overlay district, unless it finds that: a. The current structure is noncontributing to the historic overlay district. b. The structure is newer than the period of significance for the historic overlay district and is not historically significant. c. Demolition of the structure will not adversely affect the historic character of the property or the integrity of the historic overlay district. 5. For a request to demolish, replace, or relocate a structure for special circumstances, it finds: a. The new structure is more appropriate and compatible with the historic ovelay district than the structure to be demolished or relocated. Attachment number 2 \nPage 59 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 60 of 82 b. The owner has the financial ability and intent to build the new structure. HARC must first approve the CDC, if required, for the new structure before it may consider the request for demolition or removal. 3.13.050 Criteria for Delayed Demolitions or Removals If a CDC has been delayed pursuant to Section 3.13.010.D.2, the applicant shall address each of the following criteria for HARC consideration prior to returning to the HARC for CDC approval, if the information has not been previously submitted: A. If the applicant has not already provided the information, they shall provide professional documentation regarding the condition of the structure from the standpoint of structural integrity and the extent of work necessary to stabilize the structure, including a financial summary. B. If the applicant has not already provided the information, they must provide a site plan addressing what will be developed on the site after the demolition or removal and provide verification that they are financially able to complete the development. C. The applicant must attend a meeting and an additional site walkthrough with the Preservation Officer and at least one designated Historic Commissioner within three months after the start of the delay period. D. The applicant shall be required to provide proof that there was public notification (online and/or newspaper listing) offering the donation or the sale of the structure or materials no later than 30 days into the delay period. The notification format must be approved by the Director prior to such notice being placed. E. The applicant shall provide proof that any state or federal demolition requirements have been met, if applicable (state or nationally registered structures), prior to the end of the delay period. F. HARC may require additional conditions be met during the delay period 3.13.060 HARC Final Action A. The HARC shall review the application, the Director’s report, conduct a Hearing in accordance with the HARC’s established procedures and state law, and take final action on the application within 45 days of the application Hearing unless the applicant agrees to extend the time. B. For applications to request demolition or relocation of a structure because no economically viable use of the property exists, HARC shall hold a public hearing within 45 days of the date the Director receives the completed application. The purpose of this public hearing is to select the HARC’s appointee to the economic review panel. The proposed appointee shall be forwarded to City Council at their next available meeting for confirmation. If the Council does not agree with the selected appointee, it shall designate the panel representative for HARC. C. HARC shall hold a public hearing within 45 days of the hearing held by the economic review panel, and approve or deny the request for demolition because of no economically viable use of the property exists. D. An application before the HARC shall be considered approved by a majority vote of all members of the HARC. Attachment number 2 \nPage 60 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 61 of 82 3.13.070 After Approval of a Demolition or Relocation A. Once a CDC for demolition has been approved the following shall be required: 1. A permanent record of a significant structure before demolition. The record shall consist of black and white photographs and other documents, such as drawings, that describe the architectural character and the special features of the building. As part of the demolition approval process, HARC determines on a case-by-case basis the precise documentation of a specific building that is required and the person who is responsible for producing that documentation. The documentation must be submitted for review by the Historic Preservation Officer before the demolition. 2. The removal of all salvageable building materials before demolition is encouraged, and may be required depending on the significance of the building. The applicant shall work with the Historic Preservation Officer to identify salvageable materials and potential buyers or recipients of salvaged materials. After that meeting, the applicant shall prepare a salvage strategy for reuse of building materials deemed valuable by the Historic Preservation Officer for other preservation and restoration activities, which shall be submitted for the Historic Preservation Officer’s review and approval. 3. Clear the structure quickly and thoroughly. 4. Plant the site or appropriately maintain it until it is reused. If the site is to remain vacant for over one year, it should be improved to reflect an appearance consistent with other open areas in the district. B. Once a CDC for removal has been approved the following shall be required. 1. Document original site conditions before moving the structure. Use photographs and other written or graphic items such as site plans to record the original setting, which as documentary evidence shall be submitted to the Historic Preservation Officer. 2. Applicant shall prepare for the Historic Preservation Officer a salvage strategy for reuse of building materials deemed valuable by the Historic Preservation Officer for other preservation and restoration activities. 3. Assess the structural condition of the building before moving it, to minimize damage during the move. 4. Work with contractors experienced in successfully moving historic structures. 5. Protect the building from weather damage and vandalism during the relocation. 3.13.080 Certificate and Compliance Inspections A. It shall be the responsibility of the Director to issue the actual Certificate of Design Compliance following approval by the HARC, with any designated conditions, and to maintain a copy of the Certificate of Design Compliance, together with the proposed plans. The Certificate shall be forwarded to the Building Official. These shall be public documents for all purposes. B. Work performed pursuant to the issuance of a Certificate of Design Compliance shall conform to the requirements of the Certificate. In the event that work is not in compliance, the Building Official shall issue a stop work order and/or citation as prescribed by ordinance. Attachment number 2 \nPage 61 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 62 of 82 3.13.090 Limits on Resubmission No application for the same project shall be considered within 180 days of the rejection or disapproval by the Historical and Architectural Review Commission of an application. The applicant may submit a design for an entirely new project or a revised design that substantially responds to the reasons for denial as set forth by the Historical and Architectural Review Commission at any time. 3.13.0100 Expiration A. A CDC, except as noted below, expires if the work authorized by the CDC is not commenced within 365 days 24 months from the date of the final action to approve the request. In the case of a phased project, after the initial phase is complete or a Certificate of Occupancy has been issued, each subsequent phase shall commence within 365 days 24 months of the completion or Certificate of Occupancy of the prior phase. The Historic Preservation Officer may extend the time commencement of work upon written request by the applicant. B. A CDC for demolition or removal expires if a Demolition Permit has not been issued within 180 days or, if a permit is not required, the work authorized by the CDC is not commenced within 180 days from the date of the final decision to approve the request. The Historic Preservation Officer may extend the time for commencement of work upon written request of the applicant. 3.13.0110 Appeals A person aggrieved by a final action on a Certificate of Design Compliance may appeal to the City Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the Director within 30 days of the final action. Appeals from an administratively issued Certificate of Design Compliance will be processed through the Historic and Architectural Review Commission, subject to the procedures established for new applications. Such appeal shall be submitted to the Director within 15 days of the administrative action. A. Appeal Hearing The Hearing shall be set for the next available City Council meeting, subject to the provision of public notification. Notification shall be provided in the same manner as the initial Certificate of Design Compliance. B. Burden of Proof in Appeals When an appeal is taken to the City Council, the Historic and Architectural Review Commission’s action is presumed to be valid. The person filing the appeal shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. C. Findings and Conclusions All findings and conclusion necessary to the appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the City Council may reverse or affirm, in whole or in part or modify the Commission’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, Attachment number 2 \nPage 62 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 63 of 82 requirement, decision, or determination, and for that purpose the City Council has the same authority as the Historic and Architectural Review Commission. D. Decision on Appeal The City Council shall review the application, the Director’s report, conduct a Hearing in accordance with the Council’s established procedures and state law, and take final action on the appeal. It shall require a concurring vote of a majority of the City Council members present to overturn an Historic and Architectural Review Commission decision on a Certificate of Design Compliance. Section 3.14 Appeal of an Administrative Decision 3.14.010 Effect of Appeal Pursuant to the authority granted to the City by the Texas Local Government Code Chapter 211, the City Charter, the City Council and this Code, the Zoning Board of Adjustment may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.020 and Section 2.04. Pursuant to the authority granted to the Planning and Zoning Commission by the Texas Local Government Code Chapter 212, the City Council and this Code, the Commission may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Code pursuant to Table 2.01.020 and Section 2.05. However, if an aggrieved person is appealing a final action that was disapproved, only the basis for disapproval may be appealed. In addition, a person may not appeal a denial for the purpose of continuance (an extension agreed to by the applicant and the Director) or a determination that an application is not complete. 3.14.020 Appeal Procedures A. Initiation Within 30 days after the date of the administrative decision, appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision or any officer, department, board or bureau of the City affected by the decision. B. Content of Notice of Appeal The notice of appeal must specifically set forth all grounds for appeal. C. Effect of Appeal An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board the facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record, after notice to the official and if due cause is shown. 3.14.030 Review Criteria The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development or other administrative official’s action was appropriate considering the Attachment number 2 \nPage 63 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 64 of 82 details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official. A. Appeal Hearing The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for hearing the appeal and shall give notice to the parties and to the public. Each appeal must be heard by at least 75% of the members of the Board or Commission. B. Burden of Proof in Appeals When an appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director’s or other Administrative Official’s action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary. C. Findings and Conclusions All findings and conclusions necessary to the permit or appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part or modify the Administrative Official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board or Commission has the same authority as the Administrative Official. 3.14.040 Decision on Appeal The Board or Commission shall review the application, the Director’s report, conduct a Hearing in accordance with the Board’s or Commission’s established procedures and state law, and take final action on the application. It shall require a concurring vote of three-fourths vote of all members of the Zoning Board of Adjustment or Planning and Zoning Commission to overturn an administrative decision. Section 3.15 Variance and Special Exception 3.15.010 Applicability A. Variance In accordance with the provisions of the Texas Local Government Code Chapter 211 and 231, the Zoning Board of Adjustment (Board) shall have the authority to hear and grant requests for a Variance from the zoning provisions of this Unified Development Code. A Variance to the development standards of this Code shall be considered an exception to the regulations, rather than a right. Waivers of the standards required for plat approval are not considered Variances and must be requested from the Planning & Zoning Commission during the subdivision review process. Attachment number 2 \nPage 64 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 65 of 82 Any Variance request up to 10 percent (10%) of any minimum or maximum measurement required by this Code may be treated as an Administrative Exception if the Director agrees to act on the Administrative Exception. B. Special Exceptions In accordance with the provisions of the Texas Local Government Code Chapter 211, the Zoning Board of Adjustment shall also have the authority to hear and decide Special Exceptions to the terms of this Code when the Code requires the Board to do so. 3.15.020 Variance and Special Exception Process A. Initiation Initiation of a request for a zoning Variance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent. B. Application Application for a Variance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined necessary by the Director. C. Completeness Determination Upon submission on an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. D. Staff Review 1. Once an application for a Variance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval, and prepare a report to the Zoning Board of Adjustment. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a preliminary report to the Director. 4. The Director’s report may include a recommendation for final action. E. Notice and Hearing 1. The Zoning Board of Adjustment shall hold a public hearing for consideration of the Variance or Special Exception request no later than 45 calendar days after the date of the application is filed. 2. Written notice of the public hearing for a Variance or Special Exception shall be provided as set forth in Sections 3.03 and 4.09.040 of this Code. 3. The applicant may appear at the hearing in person or by agent or attorney. 3.15.030 Criteria for Variance Review A. Required Findings The Zoning Board of Adjustment may authorize a Variance from the requirements of the zoning provisions of this Unified Development Code if the variance from the terms of the zoning Attachment number 2 \nPage 65 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 66 of 82 provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved, and substantial justice done. No Variance shall be granted unless the ZBA finds all of the following: 1. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Variance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. 2. No Substantial Detriment That the granting of the Variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. 3. Other Property That the conditions that create the need for the Variance do not generally apply to other property in the vicinity. 4. Applicant’s Actions That the conditions that create the need for the Variance are not the result of the applicant’s own actions. 5. Comprehensive Plan That the granting of the Variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code. 6. Utilization That because of the conditions that create the need for the Variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Variance: a. That the property cannot be used for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. d. That the development objectives of the property owner are or will be frustrated. B. Limitations The Zoning Board of Adjustment may not grant a Variance when the effect of which would be any of the following: 1. To allow the establishment of a use not otherwise permitted in the applicable Zoning District. 2. To increase the density of a use above that permitted by the applicable District. 3. To extend physically a nonconforming use of land. Attachment number 2 \nPage 66 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 67 of 82 4. To change the Zoning District boundaries shown on the Official Zoning Map. C. Profitability Not to Be Considered The fact that property may be utilized more profitably should a Variance be granted may not be considered grounds for a Variance. D. Limitation on Variances for Signs No Variance for a sign may increase the overall permitted area of a sign. Sign-related Variances may only be granted, in accordance with this Section, for height or other location restrictions. No Variance application(s) shall be accepted for prohibited signs listed in Section 10.04 (“Signs Prohibited Under this Code”). E. Variances from Floodplain or Stormwater Management Regulations The ZBA may not approve a Variance from floodplain or stormwater management regulations. The Planning and Zoning Commission shall hear and decide a Variance request from floodplain or stormwater management regulations. The Commission shall use the process and criteria outlined in Section 3.15 for making its decision on a floodplain or stormwater management regulation Variance. 3.15.040 Criteria for Special Exception Review If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of the certain provisions of this Unified Development Code, if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are for the following:  Residential Setback Modifications pursuant to Section 4.09.040 and 6.06.010.D  Time Extension for an Abandoned Nonconforming Use, pursuant to Section 14.01.060.B.7  Expansion of Nonconforming Use, pursuant to Section 14.02.050  Right to Continue Nonconforming Use after destruction or damage, pursuant to Section 14.02.060.A  Abandonment of a Nonconforming Structure Determination, pursuant to Section 14.04.050  Expansion of a Nonconforming Structure, pursuant to Sections 14.04.080.B & C  Abandonement of a Nonconforming Site, pursuant to Section 14.05.050  A setback exception, pursuant to Section 14.05.050.D  Expansion of a Nonconforming Site, pursuant to Sections 14.05.080.B & C 3.15.050 Expiration of Variance and Special Exception A. Variance Variance approval shall expire 24 months from the date of ZBA approval unless a Building Permit has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. Attachment number 2 \nPage 67 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 68 of 82 B. Special Exception A Special Exception shall expire twelve 24 months from the date of Board approval, unless: 1. A complete Building Permit application has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy has been issued. 2. The Board approval extended the twelve 24 month expiration date and provided for an alternative expiration; however, in no case shall the expiration date exceed 24 36 months. Section 3.16 Administrative Exception 3.16.010 Applicability A. In order to provide a method, to correct human error, allow for minor numerical adjustments, or consider alternative design schemes for particular development standards of this Code, Administrative Exceptions may be permitted. Administrative Exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1. Compatible with surrounding land uses; 2. Harmonious with the public interest; and 3. Consistent with the purposes of this Code. B. Administrative Exceptions shall comply with all other provisions of this Code not specifically relieved by the Administrative Exception. All Administrative Exceptions expressly permitted in this Section may be approved only if meeting the criteria provided in Section 3.16.030. C. The Director or the Building Official is responsible for final action on Administrative Exceptions. D. An appeal of an Administrative Exception may be made to the Zoning Board of Adjustment in accordance with the rules and authority granted thereto. 3.16.020 Applicability A. The Director or Building Official shall have the authority to determine that the language or a particular development standard in this Code is incorrect, unclear, or otherwise in error and authorize an adjustment or interpretation to correct such error as necessary. B. The Director or Building Official shall have the authority to consider and authorize an adjustment up to 10% of any numerical standard set forth in this Code, with the following exceptions: 1. A request for an increase in the number of units permitted on a lot or parcel does not qualify for an Administrative Exception. 2. Any numerical standard set forth in this Code that has been previously adjusted by way of a City board or commission, Special Exception, Special Use Permit, or other similar process may not be eligible for an Administrative Exception. Accordingly, any adjustment made in conformance with this Section may not be allowed further adjustment by any other process allowed in this Code. 3. Any consideration of a numerical adjustment greater than 10% shall require a request for a Variance, per the terms of Section 3.15 of this Code. Attachment number 2 \nPage 68 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 69 of 82 C. The Director or Building Official shall have authority to consider alternative design plan(s) or other uses or requirements for the following situations: 1. Courthouse View Overlay Height Exception (per Section 4.12.040) 2. Alternative Residential Boundary Wall (per Section 8.07.060) 3. Alternative Building Design Plan (per Section 7.04.070) 4. Alternative Landscape Standards (per Section 8.05.050) 5. Alternative Parking Plan (per Section 9.02.050) 6. Alternative Sign Plan (per Section 10.01.090) 7. Alternative Fences (per Section 8.07.080) 8. Change of Use (per Section 14.02.030) 9. Expansion of Nonconforming Uses (per Section 14.02.050) 10. Postponement of Required Improvements (per Section 14.05.070) 3.16.030 Approval Criteria To approve an application for an Administrative Exception, the Director or Building Official must determine that the following criteria are met: A. That granting the Administrative Exception serves an obvious and needed purpose. B. That granting the Administrative Exception will ensure an equal or better level of design or land use compatibility as the otherwise applicable standards. C. That granting the Administrative Exception will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development. D. That granting the Administrative Exception will be consistent with the purposes and intent of this Unified Development Code 3.16.040 Expiration of Administrative Exception The Administrative Exception shall expire if the companion application expires, according the specified expiration in this Chapter, or if the Administrative Exception is a stand alone application if the associated project is not utilized within 24 months of approval in a manner consistent with the approval. Section 3.17 Stormwater Permit 3.17.010 Applicability A Stormwater Permit is required prior to any land disturbance, as defined in Section 16.02, within the City limits or the City’s extraterritorial jurisdiction to ensure conformance to the stormwater management provisions and other applicable requirements of this Unified Development Code. Approval of a Site Plan within the City Limits constitutes approval of a Stormwater Permit for that specific development. The provisions of this Section related to Stormwater Permitting are adopted pursuant to the authority conferred by the U.S. Environmental Protection Agency, the Texas Attachment number 2 \nPage 69 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 70 of 82 Commission on Environmental Quality, The Texas Local Government Code Chapters 211 and 212, and the City Charter. 3.17.020 Review Process Review of a Stormwater Permit shall follow the procedure set forth in Section 3.03.040. 3.17.030 Criteria for Approval A. The applicant must ensure that the application for a Stormwater Permit was prepared or reviewed, approved, and sealed by a Professional Engineer licensed in the State of Texas prior to submission to the City, and that the application meets the requirements of the UDC Development Manual. B. A Stormwater Permit will be issued after the Drainage Engineer has determined that the development meets the stormwater and pollution management requirements of Chapter 11. C. A Stormwater Permit is conditional upon all applicable related permits required from the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency or any other state or federal agency being issued by that agency. 3.17.040 Responsibility for Final Action The Drainage Engineer is responsible for final action on Stormwater Permits. 3.17.050 Expiration A Stormwater Permit shall expire 12 24 months after the date that the permit was issued if the stormwater facilities are not constructed in a manner consistent with the permit. Section 3.18 Sign Permit 3.18.010 Applicability No sign may hereafter be erected, moved, added to or structurally altered within the City or the extraterritorial jurisdiction without a permit issued by the Building Official in conformity with the provisions of this Section. No Building Permit issued under the provisions of this Code for signs shall be considered valid unless signed by the Building Official. The provisions of this Section relating to Sign Permits are adopted pursuant to the Texas Local Government Code Chapters 211, 214, 216, and the City Charter. 3.18.020 Review Process Review of a Sign Permit shall follow the procedures set forth in Section 3.03.040. 3.18.030 Criteria for Approval In addition to the general criteria for approval of administrative procedures in Section 3.03.040.D.1, the Building Official shall base the final action on the following criteria: A. Whether the intended sign conforms in all respects with all applicable regulations and standards of this Unified Development Code and any applicable construction or safety standards of the City’s adopted building Code. Attachment number 2 \nPage 70 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 71 of 82 B. If the subject property has a Master Sign Plan, Development Agreement or ordinance governing it, whether the plans, specifications, and intended use of such building or structures or part thereof conform in all respects to the Development Agreement or ordinance. 3.18.040 Responsibility for Final Action A. The Building Official is responsible for final action on sign permits. B. Appeals of Building Official actions regarding sign-related Building Permits are considered by the Zoning Board of Adjustment and must follow the standard appeal of an administrative decision procedure described in Section 3.14. 3.18.050 Expiration A Sign Permit shall expire six months after issuance if the sign is not constructed in a manner consistent with the permit. Section 3.19 Driveway Permit 3.19.010 Purpose The purpose of a driveway permit is to determine the safety, mobility, and operational impacts that a proposed access connection will have on the roadway system. 3.19.020 Applicability Driveway Permits are required for the following: A. New driveway locations on roadways within the jurisdictional limits of the City of Georgetown; B. Existing driveways on roadways within the jurisdictional limits of the City of Georgetown for those developments which represent a change in property usage or zoning. C. For the purposes of this Section the jurisdictional limits of the City of Georgetown shall include properties within the municipal limits of the City as well as the Extraterritorial Jurisdiction (ETJ). 3.19.030 Pre-Application Conference Pursuant to Section 3.02.010, a Pre-application Conference is required prior to the issuance of a permit application. 3.19.040 Review Process Review of a Driveway Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.19.050 Criteria for Approval No Driveway Permit will be denied unless it is determined by the Development Engineer that the proposed location of the driveway will have an adverse effect upon the public safety. In making this determination the following will be evaluated: A. Existing driveways; Attachment number 2 \nPage 71 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 72 of 82 B. Land use (including but not limited to the intensity of development and trip attraction / generation potential, mix of vehicles, and turning movements); C. Function of public street (including but not limited to the number of lanes, medians, median openings, vertical and horizontal curvature, sight distance, operating speeds, traffic volumes, entrance / exit ramps, and frontage roads); D. The location of nearby streets and driveways; E. The site plan (including but not limited to on-site circulation, delineation of the intended paths, parking stalls, location of buildings, location of loading areas); F. Actual or anticipated excessive increase in vehicular traffic being routed onto streets occurring as a result of any such permit; G. Physical constraints on the site including topography and site distance(s); H. Unusual lot configurations; I. Potential traffic movements which are unsafe or have an adverse effect on traffic operations; J. Joint access at the time of subdivision or site plan approval for abutting lots which have insufficient frontage to allow a driveway approach for each lot; and K. That strict enforcement of the criteria for approval would result in a denial of access for the site. 3.19.060 Submission Requirements The Development Engineer will determine during the Pre-application Conference if further studies will be required. Such studies may include, but shall not be limited to, the following: A. Engineering Study 1. An Engineering Study may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of an engineering study that are necessary to answer the specific questions that arise during the review process. The engineering study shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the State of Texas. The Development Engineer will review the following information in the determination to require an Engineering Study: a. Compliance with the minimum spacing requirements of this Code; b. Deceleration or acceleration lane required; c. Traffic volumes and classification of the intersecting street at the proposed driveway location; d. Sight distance or physical obstructions and / or constraints that will result in a safety problem; e. Environmental or hydraulic issues associated with the proposed driveway(s); and f. Lot configuration. 2. An Engineering Study shall contain the following information: a. Trip Generation based upon the latest edition of the ITE Trip Generation Manual unless there is acceptable data that supports the use of another trip generation source. Attachment number 2 \nPage 72 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 73 of 82 b. Trip Distribution, to be performed with input from the City. c. Traffic assignment to determine the forecasted turning movements attributable to the proposed development. d. Traffic volumes if determined by the Development Engineer and subject to the following criteria: i. The existing traffic counts will be grown using an annual growth rate as agreed to by the City to the build-out year of the proposed development; ii. The resulting traffic volumes will be used as background traffic volumes, and the assigned forecasted turning movements will be added to the background traffic volumes resulting in the total traffic volumes; and iii. The total traffic volumes will be used to determine the need for left-turn and right- turn lanes. B. Traffic Impact Analysis (TIA) 1. A TIA may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of a TIA that are necessary to answer the specific questions that arise during the permitting process. 2. A TIA shall contain the following information: a. All of the information outlined in Section 3.19.060.A.2 above. b. Operational analysis (Level Of Service, Capacity, etc.) for the determined study intersections. c. Recommendations for mitigation measures should the impact of the proposed access point(s) result in unacceptable levels of service. 3.19.070 Responsibility for Final Action The Development Engineer is responsible for final action on driveway permits. 3.19.080 Expiration A driveway permit will expire six 18 months after issuance if the driveway is not constructed in a manner consistent with the permit. Section 3.20 Development Agreement 3.20.010 Applicability A. An application for a Development Agreement seeking to modify or delay certain requirements of this Code (including any Manuals adopted by reference by this Code) and/or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this Section. B. This Section shall apply to any new Agreement and any amendments thereto, as well as to any Amendments to an existing Development Agreement, agreements regarding Municipal Utility Districts or any other Special Districts as defined in Section 13.10 of this UDC. Attachment number 2 \nPage 73 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 74 of 82 3.20.020 Review Process A. Initiation Initiation of a Development Agreement or an Amendment may be made upon: 1. Application of a property owner or their authorized agent; 2. Recommendation of the City Council; 3. Recommendation of the Planning and Zoning Commission or appropriate board or commission; or 4. Recommendation of the Director. B. Application and Completeness Determination Applications shall be reviewed by a Development Agreement Committee (“Committee”) which shall be designated by the Director at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Development Agreement Committee may consist of the City’s Development Engineer, City Attorney, Finance Director, Community Development Director, Planning Director, Planner(s), Systems Engineering Director, Georgetown Utility Systems representative(s), their designees or any other staff assigned to the committeeCommittee. The Development Agreement Committee shall determine completeness of the application no more than 15 working days following submittal of the application. At that time, the Committee shall also assign staff hourly rates, a payment schedule, and determine if the application is consistent with City policies and advances a legitimate City interest; otherwise, the Committee may reject the application based on such criteria. C. Staff Review 1. The Development Agreement Committee shall review the application, consider the Approval Criteria, and assign a Project Manager to lead the review and prepare a report to the Planning and Zoning Commission and/or appropriate board or commission and City Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statute. 3. The Project Manager’s report may include a recommendation for final action. D. Public Notice Public Notice, in the form of Mailed, Published, and Posted Notice, shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor, inconsequential, or otherwise unnecessary for public notice and public hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment. E. Board or Commission Review d. The Planning and Zoning Commission or other appropriate board or commission shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council. Attachment number 2 \nPage 74 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 75 of 82 1. Any other appropriate board or commission, whose review and recommendation to City Council is deemed necessary by the Development Agreement Committee, shall hold a Public Hearing and make a recommendation to the City Council. F. City Council Final Action 1. The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment. 2. The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State Law. 3. All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment. 3.20.030 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following matters: A. The proposed agreement promotes the health, safety or general welfare of the city and the safe, orderly, and healthful development of the city. B. The proposed agreement is consistent with the Comprehensive Plan. Section 3.21 License to Encroach 3.21.010 Purpose The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, right-of-way, or easement in order to maintain their safety, mobility, and operational functionality. 3.21.020 Applicability A. A License to Encroach, in the procedures provided for in this section, is required for the following: 1. New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or right-of-way within the city limits and easements located within the city limits or the extra-territorial jurisdiction. 2. Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or right-of-way within the city limits and easements located within the city limits or the extra-territorial jurisdiction. B. Those improvements, as defined in (A) above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this License. 3.21.030 Pre-Application Conference Pursuant to Section 3.02.010, a Pre-Application Conference is required prior to the application for a License to Encroach. Attachment number 2 \nPage 75 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 76 of 82 3.21.040 Review Process Review of a License to Encroach shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.21.050 Criteria for Approval No License to Encroach will be denied unless it is determined by the Director that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, right-of-way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated: A. The proposed encroachment into a public street, roadway, sidewalk, right-of-way, or easement by any person shall not interfere with the lawful use thereof. B. Any proposed construction within a public street, roadway, sidewalk, right-of-way, or easement shall be in accordance with this Code, the City’s adopted Construction Standards, and any other applicable ordinances and regulations. C. At any time during the construction of any structure within a public street, roadway, sidewalk right-of-way, or easement: 1. The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians; 2. Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, right-of-way or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the Licensee; 3. All excavations and obstructions of any kind that take place during the period of the Licensee’s construction shall be properly barricaded and well-illuminated during the night, subject to the approval of the Building Official. 3.21.060 Submission Requirements Staff will determine during the Pre-Application Conference whether further studies will be required. Such studies may include, but are not limited to, an Engineering Study, which may be required at the determination of the Development Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal. 3.21.070 Responsibility for Final Action The Director is responsible for final action on Licenses to Encroach. For those requests that encroach into a public street, roadway, or sidewalk the Director may not approve the License to Encroach until approval is obtained from the City Council. 3.21.080 Expiration A. The License shall expire if the encroachment allowed per the License is not installed within 24 months of the date of License approval. Attachment number 2 \nPage 76 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 77 of 82 B. The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. Section 3.22 Plat Waiver 3.21.010 Applicability A waiver of the subdivision standards of this Code, as allowed by this Section, may be considered concurrently with a Preliminary, Minor, or Final Plat to address unforeseen circumstances or other difficulties in developing a property under the specific provisions of this Code. A Plat Waiver application may be filed without a companion plat application in very limited circumstances, as determined by the Director. Justification for the Plat Waiver shall be submitted and demonstrated, following the provisions of Section 3.22.070. The Waiver(s) may be approved, conditionally approved or disapproved by the Planning and Zoning Commission. Any approved Waiver(s) shall be noted on the corresponding plat. A Waiver does not constitute nor equal a Variance, the provisions of which are detailed in Section 3.15 of this Code. 3.21.020 Eligible Provisions The provisions of this Code that are considered eligible for a plat waiver are listed below. A request may be made for each specific provision in only these sections: A. Section 6.02.010 B. Section 6.02.030 C. Section 6.02.040 D. Section 7.02.010 E. Section 7.02.030 F. Section 7.02.040 3.22.030 Initiation Initiation of the Plat Waiver may be made upon submittal of a complete application by a property owner or their designated agent. 3.22.040 Application and Completeness Determination The applicant shall submit all of the information required in the UDC Development Manual. The Director is responsible for determining the completeness of an application submitted, pursuant to Section 3.02.040. Attachment number 2 \nPage 77 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 78 of 82 3.22.050 Staff Review A. The Director shall review the application, considering applicable criteria for approval, and prepare a report to the Planning and Zoning Commission. B. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. C. The Director may assign staff to review the application and make a report to the Director. D. The Director’s report may include a recommendation for final action. 3.22.060 Planning and Zoning Final Action The Planning and Zoning Commission shall consider the Plat Waiver, Director’s report, state law, and compliance with this Code, and take final action. 3.22.070 Approval Criteria A Plat Waiver may be approved, conditionally approved, or disapproved. At least three of the following factors are required for approval: A. That the granting of the waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. B. That the granting of the waiver would not substantially conflict with the Comprehensive Plan and the purposes of this Code. C. That the conditions that create the need for the waiver do not generally apply to other property in the vicinity. D. That application of a provision of this Code will render subdivision of the land impossible. 3.22.080 Expiration of Plat Waiver The Plat Waiver(s) shall expire if the Preliminary, Administrative, or Final Plat expires, according to the timing specified in Section 3.08 of this Code. The Plat Waiver(s) shall have no authority beyond the recorded plat note(s). Section 3.23 Heritage Tree Removal Permit 3.23.010 Purpose The purpose of a Heritage Tree Removal Permit is to determine whether such a tree should be removed based on its species, size, location, health, viability and its impact on the overall site design. Heritage Trees shall not be removed without first securing approval from the City. 3.23.020 Applicability A. The provisions of this Section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City of Georgetown. B. The provisions of this Section apply to all development subject to this Code, except as noted below, whether or not there is an active permit for the project. Attachment number 2 \nPage 78 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 79 of 82 C. Single-family or Two-family residential lots approved and platted prior to February 13, 2007, are exempt from the requirement of a Heritage Tree Removal Permit. However, Single-family and Two-family lots platted after February 13, 2007 are subject the Heritage Tree protection provisions in Section 8.02, which shall apply to both the developer, home builder and homeowner. Notwithstanding the preceding exemption, if a future change of use from a Single-family or Two- family home to any other use triggers a permit under this Code then the provisions of the Heritage Removal Permit will be required. 3.23.030 Pre-Application Conference Pursuant to Section 3.02.010, a Pre-application Conference is required prior to the submission of a permit application, unless the application is part of another project where a Pre-application meeting has already been held or the Urban Forester waives the requirement. 3.23.040 Review Process Review of a Heritage Tree Removal Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.23.050 Criteria for Approval No Heritage Tree Removal Permit shall be approved unless it is determined by the Urban Forester or their designee, that the proposed removal is justified, based on the tree species and site conditions of the tree. In making this determination the following will be evaluated: A. Tree species; B. Tree size/number of trunks; C. Tree health and viability; D. Tree location; E. Protected and Heritage Trees to remain on site; and F. Whether the project can be developed without tree removal. 3.23.060 Submission Requirements A. Statement of Justification for tree removal. B. Copy of companion plat, Site Plan or concept plan for the permit or authorization that required compliance with this Section. C. Copy of Tree Survey, if applicable. If no Tree Survey exists, location of tree identified, tree type, size, condition, etc. D. A photo of the tree’s canopy and trunk, labeled with the corresponding tree number on the companion Tree Survey, shall be submitted with the application for a Heritage Tree Removal Permit. 3.23.070 Responsibility for Final Action A. The Urban Forester is responsible for final action on Heritage Tree Removal Permits. Attachment number 2 \nPage 79 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 80 of 82 B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance with the provisions of this Section within 10 working days of the date of the application. Upon written request from the owner or the owner(s)’s representative, said date for the Urban Forester’s final decision may be extended for a period of up to 15 additional days. If a decision by the Urban Forester would delay construction that is already properly permitted, commenced and in-progress, the Urban Forester or their designee shall approve or deny the application within two working days. C. An applicant may appeal a denial of a Heritage Tree Removal Permit to the City Council. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The Director shall set the matter for public hearing before the City Council at the earliest possible regularly scheduled meeting of the City Council. The City Council shall review the request and render a decision either affirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. If a Heritage Tree Removal Permit is issued after appeal, pursuant to the provisions of this Code, the applicant must comply with all applicable provisions of this Code, including mitigation. D. If the Urban Forester approves an application for a permit to remove a Heritage Tree, then the applicant shall, no later than 30 days from the date of approval of the application, submit a mitigation or payment of fees-in-lieu calculation and a Mitigation Plan, pursuant to Section 8.05 showing the proposed species, location and irrigation plan for the proposed mitigation trees. E. If the required Mitigation Plan is not submitted within 30 days of the application approval, and the Heritage Tree has not been totally removed, the Tree Removal Permit will be declared inactive and tree removal shall not commence. If the tree removal has taken place within that 30-day period and the Mitigation Tree Planting Plan has not been submitted, then no additional permits shall be issued for the project associated with the tree removal until the Planting Plan is submitted. 3.23.080 Expiration A Heritage Tree Removal Permit shall remain valid for the longer of: A. The period of validity of the permit or authorization that required compliance with this Section; or B. 180 days from the issuance of the Tree Removal Permit. Section 3.24 Heritage Tree Pruning Permit 3.24.010 Purpose The purpose of a Heritage Tree Pruning Permit is to determine whether such a tree should be pruned and how the pruning shall be performed. Heritage Trees shall not be pruned without first securing approval from the City. 3.24.020 Applicability A. The provisions of this Section shall apply to all property located within the corporate limits and in the extra territorial jurisdiction (ETJ) of the City of Georgetown. B. A Heritage Tree Pruning Permit shall be required for any pruning of a Heritage Tree located on all properties, including Single-family and Two-family lots platted after February 13, 2007; however, a Attachment number 2 \nPage 80 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 81 of 82 Tree Pruning Permit shall only be required during the original home construction. Not withstanding the preceding exemption, if a future change of use from a Single-family or Two- family home to any other use triggers a permit under this Code then the provisions of the Heritage Pruning Permit will be required. 3.24.030 Review Process Review of a Heritage Tree Pruning Permit shall follow the Administrative Review procedures set forth in Section 3.03.040, subject to the Criteria for Approval set forth below. 3.24.040 Criteria for Approval No Heritage Tree Pruning Permit will be approved unless it is determined by the Urban Forester or their designee, that the proposed pruning is justified based on the health or viability of the tree and that the proposed pruning will not negatively impact the health and appearance of the tree. In making this determination the following will be evaluated: A. Reason for pruning request; B. Tree location; C. Percent of canopy to be removed; D. Tree health; and E. Whether an ISA Certified Arborist is going to perform the pruning. 3.24.050 Submission Requirements A. Statement of Justification for tree pruning. B. Copy of companion plat, Site Plan or concept plan for the permit or authorization that required compliance with this Section. C. A photo (digital or hardcopy) of the tree, labeled with the tree number on the Tree Survey, DBH, species, and contractor’s ISA certification number, shall be submitted with the application for a Heritage Tree Pruning Permit. 3.24.060 Responsibility for Final Action A. The Urban Forester is responsible for final action on Heritage Tree Pruning Permits. B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance with the provisions of this Section within ten working days of the date of the application. C. An applicant may appeal the denial of a Heritage Tree Pruning Permit to the Director. Such appeal must be made in writing and received by the Director within 30 days of the date of the decision on the application by the Urban Forester. The request for appeal shall set forth the specific reasons for the appeal and state the specific reasons for disagreement with the decision of the Urban Forester, including the basis for the applicant’s position that the application should have been granted. The Director shall review the request and render a decision either affirming, affirming in part, conditionally affirming or reversing the determination of the Urban Forester. Attachment number 2 \nPage 81 of 82 Item # B EXHIBIT A Ordinance Number: ________________________ Description: 2011-2012 UDC Amendments, Round 1, Chapter 3 Date Approved: March 27, 2012 Page 82 of 82 3.24.070 Expiration The Heritage Tree Pruning Permit shall remain valid for 180 days from date of issuance. Attachment number 2 \nPage 82 of 82 Item # B 2011-2012 UDC Amendment List Page 1 of 4 2011-2012 UDC Amendment List # UDC Chapter or Section(s) Amendment Summary Discussion/Notes/Highlights 1 Section 3.08 Subdivision Process 1) Create naming policy for subdivisions for clarity and to avoid naming conflicts; 2) Clarify and update existing platting exemptions to include State Code provisions; 3) Clarify preliminary plat process including changes at final plat, phasing and submission requirements; 5) Review plat waiver provisions. 2 Section 3.09 Site Plan Review 1) Update the site plan review process in general; 2) Provide for a site plan process for minor changes that do not warrant a full set of site plans; 3) Consider establishing a process for a one-time reinstatement of an existing site plan when no regulations have changed. 3 Chapter 3 Approval/Permit Expirations Clarify the various approval/permit expiration provisions to make consistent. 4 Section 3.02 Application Review Expiration Provide for lifespan of pending, but inactive applications. 5 Section 3.03 Public Hearing and Notice Clarify public notice requirements, particularly for PUD amendments, Certificates of Design Compliance, Development Agreements and applicant postponements. 6 Section 3.04 Comprehensive Plan Amendment Process Update to reflect process established for Comprehensive Plan Amendments in 2030 Plan. 7 Section 3.05 UDC Text Amendment Clarify UDC text amendment process, current provisions are in conflict. 8 Section 3.20 Development Agreement Amendments Address minor amendments and their processing. 9 Section 3.07 Special Use Permit Review 1) Clarify process, potential conditions; 2) Consider adding limitations to Special Use Permits; 3) Ensure consistency with recent Chapter 5 changes. Attachment number 3 \nPage 1 of 4 Item # B 2011-2012 UDC Amendment List Page 2 of 4 10 Sections 3.11 & 5.08 Temporary Use Permit (TUP) 1) Establish a TUP process for emergency or natural disaster situations where quick response will be needed for temporary buildings; 2) Update language to reflect 08-09 amendments. 11 Section 3.13 & Chapter 10 Banners in Historic Districts Provide for administrative approval of temporary banners in the Downtown and Old Town Overlay Districts. 12 Chapter 5 Permitted Uses and Limitations 1) Determine whether a crematory is allowed with a funeral home; 2) Update standards/limitations related to sexual oriented businesses to correspond to anticipated Code of Ordinance changes; 3) Add storage yards and self service machines; 4) Review Civic Use access requirements; 5) Review Integrated Office Center term; 6) Consider allowing stand alone medical offices and clinics in IN. 13 Chapter 8 Landscaping Requirements 1) Clarify determination of street yard; 2) Review Gateway planting requirements; 3) Review mechanical equipment screening. 14 Section 4.09 Special Exception for Setback Modification Reconsider criteria that were established for approval of a setback modification to determine if appropriate or too stringent. 15 Section 4.02 Interpretation of Zoning District Boundary Provide for a zoning district boundary determination for abandoned right-of-way. 16 Section 4.07 Special Area Overlay District – Williams Drive Review Overlay District uses and standards. 17 Section 4.12 Courthouse View Overlay Review Clarify process for determination of the Courthouse View Overlay. Add missing steps of the process. 18 Chapter 16 Update Definitions 1) Update/provide definitions as needed to reflect UDC amendments; 2) Update definition of furniture as it relates to the Downtown Overlay District; 3) Add deck definition. Attachment number 3 \nPage 2 of 4 Item # B 2011-2012 UDC Amendment List Page 3 of 4 19 Chapter 6 Residential District Standards 1) Clarify placement of driveways in required setbacks (6.05); 2) Consider requirements for accessory structures associated with agricultural uses and other accessory structure size limitations (6.06); 3) Clarify Housing diversity minimum project acreage. 20 Chapter 7 Non-residential District Standards 1) Clarify build-to provisions with anticipated right-of- way expansion; 2) Address building entry connection to public sidewalk (7.04.040.E); 3) Add back in block length requirement which was inadvertently removed; 4) Clarify exemptions to building design standards. 21 Section 1.03 Previous Conversion of RP District to PUD Clarify base district standards for RP zoning districts that were converted to PUD districts with 2003 UDC adoption. 22 Chapter 13 Review of Chapter 13 1) Clarify when requirements are related to subdivisions and/or site plans; 2) Update utility requirements; 3) Revise dated terminology; 4) Consider updating Parkland section to implement the goals of the Parks Master Plan; 5) Review rural subdivision sections. 23 Chapter 9 Residential Parking Requirements Review parking requirements and standards for residential uses. 24 Section 11.02 Impervious Coverage Updates Update to reflect other UDC changes. 25 Section 11.06 Review Conservation Subdivision Provisions Update to the Conservation Subdivision regulations based on the recent UDC changes. 26 Chapters 5, 6, 7 & 16 Alternative Energy/Green Building Provisions Update codes to provide provisions for green building strategies and ensure regulations do not unintentionally prohibit such strategies. Attachment number 3 \nPage 3 of 4 Item # B 2011-2012 UDC Amendment List Page 4 of 4 27 Chapter 12 Review of Chapter 12 1) Update to be consistent with recent UDC amendments; 2) Revise Chapter 12 to reflect upcoming OTP updates; 3) Update to reflect current street naming policies in the municipal code and provide clarity to avoid naming conflicts; 4) Review process and criteria for appeal of TIA requirements; 5) Consider adding flexibility related to right-of-way dedication requirements. 28 Various Chapters Mobile Food Trailers Address concept of allowing mobile/non-permanent trailers for food preparation and sales and change various sections of the UDC as needed. 29 Chapter 10 & Section 14.06 Off-Premise Sign Review Consider establishing process to phase out nonconforming off-premise signs based on location; for example, in the Downtown Overlay District. Attachment number 3 \nPage 4 of 4 Item # B City of Georgetown, Texas March 13, 2012 SUBJECT: Discussion of the budget process and calendar for 2012/2013 annual budget -- Paul Brandenburg, City Manager; Micki Rundell, Chief Financial Officer; and Susan Morgan, Finance Director ITEM SUMMARY: The City Manager will review the process, goals and calendar for Council’s review and adoption of the City’s 2012/13 annual budget. Materials will be provided at the workshop. FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # C City of Georgetown, Texas March 13, 2012 SUBJECT: Sec. 551.071: Consultation with Attorney - Advice from attorney about pending litigation that has been filed against the City or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including but not limited to this week's agenda items ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # D City of Georgetown, Texas March 13, 2012 SUBJECT: Sec. 551.072: Deliberation about Real Property - Discussion of Contracts for Purchase of property to construct a Westside Service Center -- Jim Briggs, Assistant City Manager - Deliberations concerning the acquisition of a 0.776-acre parcel of land situated in the Wm. Addison Survey, A-21, Williamson County, Texas, and being located near the intersection of Maple Street and S.E. Inner Loop, from Georgetown Railroad Company, Inc. in connection with the Southeast Arterial One Road Project -- Terri Glasby Calhoun, Real Estate Services Coordinator and Kent Alan Sick, Attorney at Law, Legal Counsel for the City - Discussion regarding sale of Fire Station One Bays ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # E City of Georgetown, Texas March 13, 2012 SUBJECT: Sec. 551.074: Personnel Matters - City Attorney Annual Performance Evaluation ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # F