All permit and certificate applications must disclose all information necessary for the city to make a determination regarding a permit or certificate. At a minimum, applicants shall provide the following items and information:
(A) Permit application requirements for large-and small-scale construction. For all proposed construction, applicants shall submit the following items and information:
(1) The name, address, phone number, and, if applicable, fax number of the applicant, and the name of the property owner, if different from the applicant;
(2) A complete legal description of the tract and a statement of its size in acres or square feet;
(3) The number of proposed structures and whether the structures are amenities or habitable structures;
(4) The number of parking spaces;
(5) The approximate percentage of existing and finished open spaces (those areas completely free of structures);
(6) The floor plan and elevation view of the structure proposed to be constructed or expanded;
(7) The approximate duration of the construction;
(8) A description (including location) of any existing or proposed walkways or dune walkovers on the tract;
(9) A grading and layout plan identifying all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swales) and proposed contours for final grade;
(10) Photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract;
(11) The effects of the proposed activity on the beach and dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape and changes to dune hydrology;
(12) A comprehensive mitigation plan which includes a detailed description of the methods which will be used to avoid, minimize, mitigate and/or compensate for any adverse effects on dunes or dune vegetation;
(13) Proof of the applicant's financial capability acceptable to the city to mitigate or compensate for adverse effects on dunes and dune vegetation; and
(14) An accurate map, site plan or plat of the site identifying:
(a) The site by its legal description, including, where applicable, the subdivision, block and lot;
(b) The location of the property lines and a notation of the legal description of adjoining tracts;
(c) The location of the dune protection line, the line of vegetation, proposed and existing structures and the project area of the proposed construction on the tract;
(d) Proposed roadways and driveways and proposed landscaping activities on the tract;
(e) The location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract; and
(f) If known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities or any other pre-existing human modifications on the tract.
(B) Certificate application requirements for large-and small-scale construction. For all proposed construction, applicants shall submit the following items and information:
(1) The name, address, phone number, and, if applicable, fax number of the applicant and the name of the property owner, if different from the applicant;
(2) A complete legal description of the tract and a statement of its size in acres or square feet;
(3) The number of proposed structures and whether the structures are amenities or habitable structures;
(4) A statement written by the applicant affirming that the construction, the completed structure and use of or access to and from the structure will not adversely affect the public beach or public beach access ways or exacerbate erosion;
(5) The approximate duration of the construction;
(6) A description (including location) of any existing or proposed walkways or dune walkovers on the tract;
(7) Photographs of the site which clearly show the current location of the vegetation line and any dunes on the tract which are seaward of the dune protection line; and
(8) An accurate map, site plan or plat of the site identifying:
(a) The site by its legal description, including, where applicable, the subdivision, block and lot;
(b) The location of the property lines and a notation of the legal description of adjoining tracts;
(c) The location of the proposed construction and the distance between the proposed construction and mean high tide, the vegetation line, the dune protection line and the landward limit of the beachfront construction area;
(d) The location of proposed and existing structures, and the size (in acres or square feet) of the proposed project area;
(e) Proposed roadways and driveways;
(f) Proposed landscaping activities within 200 feet of the line of vegetation; and
(g) The location of any retaining walls or erosion response structures on the tract and on the properties immediately adjacent to the tract and within 100 feet of the common property line.
(C) Permit and certificate applications for large-scale construction. For all proposed large-scale construction, the city shall require applicants to submit the following additional items and information:
(1) If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, a certified copy of the recorded plat of the subdivision, or, if not a recorded subdivision, a plat of the subdivision certified by a licensed surveyor, (if the area is located within an un-platted tract, a survey will suffice) and a statement of the total area of the subdivision in acres or square feet;
(2) In the case of multiple-unit dwellings, the number of units proposed;
(3) Alternatives to the proposed location of construction on the tract or to the proposed methods of construction which would cause fewer or no adverse effects on dunes and dune vegetation or less impairment of beach access; and
(4) The proposed activity's impact on the natural drainage pattern of the site and the adjacent lots.
(D) Submission of readily available information with permit and certificate applications. For all proposed construction (large and small-scale), if applicants already have the following items and information, applicants shall submit them in addition to the other information required:
(1) The most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) and the activity's potential impact on coastal erosion; and
(2) A copy of the FEMA Elevation Certificate.
(E) Submission of information by the city. For all proposed construction (large and small-scale), the city shall provide to the state the following information:
(1) A copy of the community's most recent flood insurance rate map identifying the site of the proposed construction;
(2) A preliminary determination as to whether the proposed construction complies with all aspects of the city's dune protection and beach access plan;
(3) The activity's potential impact on the community's natural flood protection and protection from storm surge;
(4) A description as to how the proposed beachfront construction complies with and promotes the city's beach access policies and requirements, particularly, the dune protection and beach access plan's provisions relating to public beach ingress/egress, off-beach parking and avoidance of reduction in the size of the public beach due to erosion; and
(5) Copies of aerial photographs of the proposed construction site with a delineation of the footprint of the proposed construction, if the city has aerial photographs of the area in which construction is proposed.
(F) Dissemination of erosion data and other technical information. For all proposed construction (large and small-scale), the General Land Office shall be the state contact for erosion rate data questions and supply available technical information to the city, upon request.
(G) Master Plan applications. The city may consider applications for permits and certificates for master planned areas and planned development districts. Consideration of the applications shall be subject to the provisions of Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, § 15.3(s)(5) and §15.3(t)(2). If any Master Plan or planned development district provides for variances from specific standards of the Beach/Dune Rules, the chapter authorizing the Master Plan or planned development district shall be submitted for review, comment and certification as a plan amendment in accordance with Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, § 15.3(o).
(H) Terms and renewal of permits and certificates. Permits and certificates shall be valid for three years and may be renewed twice for no longer than 90 days per renewal period. Master planned or planned development districts permits and certificates may be authorized for a term for longer than three years in conformity with the term of the plan. Any material change will require a new or revised application.
(I) Record of application proceedings. The city shall retain for three years the minutes and tape recordings of all City Commission meetings considering the granting of an application for three years. The city shall also retain all materials and comments relating to an application for three years.
(J) Application fee. The minimum application fee for a dune protection permit and beachfront construction certificate shall be $100. The city shall, by resolution, adopt a schedule of costs for application fees and permit/certification fees in accordance with the size and scope of the activity presented in the application.
(Ord. 663, passed 2-22-2005)