(A) Every application shall be subject to a determination of completeness by the city.
(B) No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this chapter. For a determination of completeness to be issued, an application must include the following:
(1) An application signed by the property owner;
(2) Payment of the appropriate fee;
(3) An accurate metes and bounds description of the subject property (or other suitable legal description);
(4) A survey or other appropriate exhibits as identified in this chapter for the individual permit; and
(5) Any additional documents, forms or other materials required by the city or identified in this chapter for the processing of a specific development permit.
(C) The city may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this chapter.
(D) A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter.
(E) An application shall not be considered filed within the meaning of Tex. Loc. Gov't Code, Ch. 245, until a determination of completeness has been made in accordance with this section. This shall include a determination that all information and documents required by this chapter for the type of permit being submitted or other requirements have been submitted. Whenever this chapter establishes a time period for processing of an application by the city, the time period shall not commence until the application has been reviewed for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in the application. Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing and shall not constitute a decision as to whether the application complies with the provisions of this chapter.
(F) In order for the city to refuse to accept the filing of an application based upon a lack of completeness, the city shall provide written notice of the failure to complete the application to the applicant within ten days, which notice shall specify the necessary documents and information required, and the date the application will expire if the information is not provided. If the notice is given to the applicant within ten days, the city may provide that a permit application expires on or after the forty-fifth day after the date it is filed, by written notice.
(G) The processing of an application by any city employee prior to the time the application is determined to be complete shall not be binding on the city as the official acceptance of the application for filing. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.
(H) A development permit application shall be deemed to expire on the forty-fifth day after the application is submitted to the city for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this chapter or other requirements as specified in the determination provided to the applicant. Upon expiration, the application shall be returned to the applicant together with any accompanying documents. Thereafter, a new application must be submitted.
(I) No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.
(Ord. 08-358, passed 11-18-2008)