UNIFIED DEVELOPMENT ORDINANCE

Transcription

1 UNIFIED DEVELOPMENT ORDINANCE City of Richmond, TX Page 1

2 CHAPTER 6 ADMINISTRATION ARTICLE 6.3 PERMITS AND PROCEDURES Division Required Permits and Approvals Sec Approvals and Permits Required A. Generally. Permits are required for development in the City. Other approvals or permits may be required by this UDC; other City ordinances, rules, or regulations; or state or federal law. B. Required Permits. The required permits for both administrative and public and meeting hearing approvals are set out in Section , Administrative Approval and Permits, and Section , Public Meeting and Hearing Approvals, respectively. Sec Administrative Approvals and Permits A. Generally. Administrative permits are those permits that are issued by the Code Official without a requirement for a public meeting or hearing. B. Administrative Approvals and Permits Established. The administrative approvals and permits required by this UDC are set out in Table , Administrative Approvals and Permits. Other development permits may also be required by this UDC, state or federal law, or the building code. Table Administrative Approvals and Permits Permit Required For Timing Exceptions Issued By Cross-reference 1 Site Permits Land Clearing Permit Site Development Plan Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements New development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, public/institutional, and mixed use After site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is required Prior to a building permit The construction of a single-family detached or duplex dwelling unit in an improved subdivision; agriculture; and forestry Single-family and duplex dwellings on individual lots Code Official Code Official See Section , Land Clearing Permit See Section , Site Development Plans City of Richmond, TX Page 2

3 Tree Removal Permit Use Permits Temporary Use Permit Neighborhood Events Temporary Use Permit Public and Commercial Events Zoning Clearance Permit Permitted and Limited Uses Environmental Permits Drainage Plan Floodplain Development Permit Plans and Plats Amending Plat buildings in all districts, as well as for special districts Clearing; grading; excavation; fill, land disturbing activities, or construction of any site improvements Neighborhood events including special events Public and commercial events with an expected peak attendance of less than 1,500 persons New land uses and changes in land use Prior to installation of a drainage system Construction and development within an area of special flood hazard or floodrelated erosion hazard Subdivision of property; land After site plan or preliminary plat approval, if required. Prior to commencement of activity for which a permit is required At least one week prior to the event Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first Prior to establishment of a permitted or limited use Prior to commencement of a land disturbance activity or construction Prior to commencement of a land disturbance activity or construction in an area of special flood hazard or floodrelated erosion hazard Prior to building permit Single-family and duplex dwellings on individual lots None Public and commercial events with an expected peak attendance of more than 1,500 persons requires City Commission approval (see Table , Public Meeting and Hearing Approvals) None Single-family or duplex dwelling units on individual lots in an improved subdivision None None Code Official Code Official Code Official (or City Commission) Code Official, however, may be forwarded to the Planning and Zoning Commission Code Official (after input from the City Engineer) Floodplain Administrator Code Official, may be referred See Section , Tree Removal Permit; all applicable standards of this UDC; and conditions of approval See Section , Temporary Uses and Section , Temporary Use Standards See Section , Temporary Uses and Section , Temporary Use Standards See Section , Zoning Clearance Permit, and Article 2.2, Land Use, for a list of permitted and limited uses See Section , Drainage Plan See Section , Floodplain Development Permit and Division , Floodplain Management and Flood Damage Prevention See Section , Amending Plat City of Richmond, TX Page 3

4 Miscellaneous Permits Building Permit Certificate of Appropriateness Certificate of Occupancy Fence Permit Manufactured Home Park License development Construction, reconstruction, improvement, or repair of any building or structure for which a permit is required by this UDC or applicable building codes Construction, reconstruction, alteration, restoration, rehabilitation, relocation, or demolition of any historic landmark or historic property located in the Historic Overlay (HD) District Occupancy of a building or structure Construction, reconstruction, improvement, or repair of any fence or wall abutting or in direct view of street right-of-way Maintain or operate a new or existing manufactured home park Prior to commencement of construction Prior to commencement of construction Upon completion of construction or before change in occupancy Prior to commencement of construction, improvement, or repair Prior to occupancy and placement of a new manufactured home (see Section , Manufactured Home Placement/Occupancy None None None Along interior side or rear property lines that do not abut public right-of-way None to City Commission Building Official Richmond Historical Commission, upon recommendation by the Historic Preservation Officer Building Official Building Official Building Official See Section , Building Permit, and all applicable building codes See Section , Certificate of Appropriateness See Section , Certificate of Occupancy; compliance with all applicable standards of this UDC; conditions of approval; and applicable building code requirements See Section , Fence Permit See Section , Manufactured Home Park License City of Richmond, TX Page 4

5 Manufactured Home Placement/Occupancy Permit Sign Permit Recreational Vehicle (RV) Licenses TABLE NOTES: The placement, use, occupancy, and re-occupancy of a manufactured home Installation of a new or replacement sign Construction, reconstruction, improvement, or substantial improvement of any recreational vehicle (RV) park Permit) or renewal of a manufactured home park permit by December 31 st of each year Prior to a certificate of occupancy Prior to installation of sign or sign mount Prior to construction or before change in occupancy Additional criteria if manufactured home is located outside a manufactured home park or subdivision (see Section , Manufactured Home Placement/Occupancy Permit) Signs that do not require a permit, as set out in Article 4.7, Signs None Building Official Building Official Building Official or City Commission for a conditional use See Section , Manufactured Home Placement/Occupancy Permit, and Section , Manufactured Home Parks and Subdivisions See Section , Sign Permit, and Article 4.7, Signs See Section , Recreational Vehicle (RV) Park Licenses 1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards of this UDC. Sec Public Hearing and Meeting Approvals A. Generally. Public meeting and hearing approvals are approvals that are those issued by the City after compliance with the requirements of this UDC only after a public meeting or hearing. B. Public Meeting and Hearing Approvals Established. The public meeting and hearing approvals established by this UDC are set out in Table , Public Meeting and Hearing Approvals. Other development permits may also be required by state or federal law, or the building code. Table Public Meeting and Hearing Approvals Permit Required For Timing Exceptions Issued By Cross-reference 1 Plans and Plats Land Plan or Concept Plan Subdivision of property; land Public Meeting Only / No Public Hearing Required Prior to or concurrent with a Exceptions set out in Chapter City Commission, upon See Section , Land City of Richmond, TX Page 5

6 (for Planned Development) Preliminary Plats; Final Plats Vacating Plats Re-Plats Short Form Final Plat Administrative (Minor) Plat development preliminary plat 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't Code Subdivision of property; land development Subdivision of property; land development whereby the subdivided land returns to a single unit of property. Subdivision of property; land development Subdivision of property; land development where the subdivision does not contain five or more lots or the dedication of streets, utilities, and infrastructure Subdivision of property; land development where the subdivision does not contain four or more lots or the dedication of streets, utilities, Preliminary plat is required prior to final plat; final plat required after preliminary plat and prior to, or concurrent with land plan or site development plan Prior to a building permit Without prior vacation of the existing plat Review of a preliminary plat concurrent with final plat when the preliminary plat meets all requirements for final plat approval Meets all requirements of plat Exceptions set out in Chapter 212, Municipal Regulation of Subdivisions and Property Development, of the Tex. Local Gov't Code None None None None recommendation by the Planning and Zoning Commission City Commission, upon recommendation by the Planning and Zoning Commission City Commission, upon recommendation by the Planning and Zoning Commission City Commission, upon recommendation by the Planning and Zoning Commission City Commission, upon recommendation by the Planning and Zoning Commission City Commission Plan or Concept Plan See Division , Subdivision and Plat Approvals See Section , Vacating Plats and Re- Plats See Section , Vacating Plats and Re- Plats See Section , Short Form Final Plat See Section , Administrative (Minor) Plat City of Richmond, TX Page 6

7 Use Permits Conditional Use Permit Designation of Historic Landmarks and Districts Temporary Use Permit Public and Commercial Events Text and Map Amendments Rezoning Text Amendments Appeals and Variances Appeals of Administrative Decisions Floodplain Variances and infrastructure New conditional uses; changes to a conditional use; material changes to or expansion of a conditional use Historic designation of a building, structure, or site for landmark or district Public and commercial events with an expected peak attendance of more than 1,500 persons Changing the zoning district of a parcel from one district to another Amendments to the text of this UDC Appeals from decisions of City staff Needed for deviations to the floodplain Public Hearing Required Prior to establishment or modification of a conditional use N/A Prior to installation of temporary buildings or structures or establishment of a temporary use or event, whichever comes first Prior to any change in land use other than those that are permitted, limited, or conditional in the respective zoning district N/A Within 15 days of the decision appealed Prior to commencement of land disturbance None None Public and commercial events with an expected peak attendance of less than 1,500 persons may be permitted by the None None None None City Commission, upon recommendation of the Planning and Zoning Commission City Commission, upon recommendation of the Richmond Historical Commission (RHC) City Commission City Commission, upon recommendation of the Planning and Zoning Commission City Commission, upon recommendation of the Planning and Zoning Commission Zoning Board of Adjustment Floodplain Administrator; however, may be See Section , Conditional Use Permits, and Division , Limited and Conditional Use Standards See Section , Designation of Historic Landmarks and Districts See Section , Temporary Use Permit See Section , Rezonings See Section , Text Amendments to this UDC See Section , Appeals of Administrative Decisions See Section , Floodplain City of Richmond, TX Page 7

8 Manufactured Home Hardship Permit Variance TABLE NOTES: requirements The placement or replacement of a manufactured home outside a manufactured home park or subdivision Deviation from the standards of this UDC activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being varied Prior to the placement or replacement of a manufactured home Prior to a building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variances None Prohibited uses shall not be allowed by variance forwarded to the City Commission City Commission Zoning Board of Adjustment Development Permit and Division , Floodplain Management and Flood Damage Prevention See Section , Manufactured Home Hardship Permit, and Section , Manufactured Home Parks and Subdivisions See Section , Variances 1 Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this UDC. 2 Site Plan permit includes design review. Division Standardized Development Approval Procedures Sec Generally A. Generally. The standardized approval procedures of this Division apply to all applications for development approval that are set out in Division , Required Permits and Approvals. B. Development Approval Process. In general, the approval procedures set out in this Division are intended to be undertaken in sequence until the application is considered and decided by the decision-maker identified in Section , Administrative Approvals and Permits, or Section , Public Hearing and Meeting Approvals. City of Richmond, TX Page 8

9 Sec Pre-Application Conference A. Generally. 1. A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached or duplex dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the Code Official, or designee, and other members of the Development Review Committee, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided. 2. Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City staff. Such meetings are recommended prior to the development of land plans, site development plans, and preliminary plats. B. Required Materials. 1. The applicant shall bring (or submit prior to) sufficient supporting materials to explain: a. The location of the project; b. The proposed uses (in general terms); c. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities; d. The relationship to existing development and street right-of-way; e. The presence of natural resources, floodplains, and floodways on the parcel proposed for development; and f. Any other conditions or items that the applicant believes are relevant to the processing of the application. 2. The Code Official may request that the applicant bring completed application forms (in draft form) for the types of permits or approvals being sought. Sec Filing of Application A. Generally. Every application for development approval required by this UDC shall be submitted on a form approved by the Code Official, along with the corresponding application fee. B. Forms. 1. The Code Official shall promulgate and periodically revise forms for each type of application required by this UDC. 2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Code Official, or designee, and have the purpose of facilitating: a. The evaluation of applications for compliance with the standards of this UDC; and b. The administration of this UDC. C. Schedule. The Code Official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that: 1. The schedule is posted at City Hall and on the City's website; and 2. The schedule provides for applications to be submitted in accordance with the following: City of Richmond, TX Page 9

10 a. Building permits are not limited to certain days. b. At least twice per month for applications listed in Section , Public Hearing and Meeting Approvals. 3. The schedule does not restrict the timing of notices of appeal. Sec Application Completeness Review A. Generally. All development review applications shall be reviewed for completeness by the Code Official. 1. Applications with Submittal Deadlines. For application types that have an established submittal deadline, the application completeness review shall be complete no later than five business days after the specified submittal deadline. 2. Applications without Submittal Deadlines. For application types that do not have an established submittal deadline, the application completeness review shall be complete no later than five business days from the date the application is submitted. B. Incomplete Applications. 1. Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application. 2. An application that does not include the applicable processing fee shall not be considered complete. 3. Incomplete applications are not considered filed. C. Complete Applications. Complete applications shall be processed according to the applicable standardized development approval procedures of this Division. Sec Administrative Review and Referral A. Generally. Upon determination that an application is complete, the Code Official shall cause the application to be reviewed for technical compliance with all applicable requirements of this UDC. B. Recommended Revisions. 1. The Code Official shall provide comments from the Development Review Committee, and others as necessary, to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section , Stale Applications. 2. The resubmittal shall not require an application fee unless both of the following conditions are met: a. The revisions are not related to the comments or are incomplete; and b. Repeated failure to address comments requires more than three rounds of revisions. C. Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses City staff and other development review comments: 1. If the application is for an administrative approval, the Code Official shall approve, approve with conditions, or deny the application, as appropriate. City of Richmond, TX Page 10

11 2. If the application is for a public meeting or public hearing approval, the Code Official shall make a recommendation regarding the application and forward the recommendation to the next administering body (e.g., Planning and Zoning Commission, Zoning Board of Adjustment, City Commission, etc.), as described in Section , Public Hearing and Meeting Approvals, who will consider it for further recommendation or approval. D. Meeting Logistics. 1. If the application is for a public meeting or hearing approval, the City Secretary, in coordination with the Code Official, shall set the application on the next available agenda of the administering body that will consider the application, consistent with the legal requirements for public notice, as set out in Section , Public Notice. 2. The Code Official shall coordinate with the applicable administering body to fix reasonable times for public hearings. 3. The Code Official shall notify the applicant regarding the time and place of a public hearing. Sec Public Notice A. Generally. Public Notice of public hearings required by this UDC shall be provided as required by Table , Required Notice. Type of Public Hearing Appeals of Administrative Decisions Certificate of Appropriateness Conditional Use Permits Designation of Historic Landmarks or Districts Manufactured Home Hardship Permit Temporary Use Permit Text Amendments to this UDC Variances Zone Changes (e.g., rezoning) Publication Notice Table Required Notice Published not less than 10 days before the public hearing Published not less than 14 days before the public hearing Published not less than 15 days before the public hearing Published not less than 14 days before the public hearing Published not less than 10 days before the public hearing Published not less than 15 days before the public hearing Published not less than 15 days before the public hearing Published not less than 10 days before the public hearing Published not less than 15 days before the public hearing Types of Notice Required Mailed Notice Not Required Written notice shall be sent not less than 14 days before such hearing 1 Written notice shall be sent not less than 15 days before such hearing Written notice shall be sent not less than 14 days before such hearing Written notice shall be sent not less than 10 days before such hearing 2 Written notice shall be sent not less than 15 days before such hearing Not Required Written notice shall be sent not less than 10 days before such hearing Written notice shall be sent not less than 15 days before such hearing Table Notes: A. Notice must also be posted on the property, as established by the Historic Preservation Officer (HPO). City of Richmond, TX Page 11

12 B. Certified mail, return receipt requested. B. Procedural Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice: 1. Publication Notice. Notice shall be published in an official newspaper of general circulation in the City as provided by state law. 2. Mailed Notice. a. Written notice shall be sent to all owners of real property which is located within 200 feet of the subject property or within 200 feet of any other abutting property under the same ownership as the subject property. b. Measurements shall be taken inclusive of public streets. c. Such notice may be served by using the last known address as listed on the City tax roll and depositing the notice, postage paid, with the United States Postal Service (USPS). d. As specified in Table , Required Notice, certain notices require certified mail, return receipt requested. Sec Public Meetings and Hearings A. Generally. All public meetings and hearings shall be open to the public except as otherwise provided in the Chapter 551, Open Meetings, of the Tex. Gov't Code (also known as the "Texas Open Meetings Act"). However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this UDC are classified as requiring a "public meeting" or "public hearing." B. Joint Meetings. Any public hearing required by this UDC or the laws of the state may be held jointly with any public hearing required to be held by any other board, council, or commission of the City, except the Zoning Board of Adjustment. Such joint meetings may be held after publication of notice as required by law. C. Public Meetings. Any board, council, or commission that is identified in Article 6.2, Administrative Bodies, except the Zoning Board of Adjustment, may establish a consent agenda. The consent agenda may consist of all matters brought before the board, council, or commission for action that does not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to said approval at the request of any member of the board, council, or commission present at the meeting, or by City staff. Items removed from the consent agenda shall be considered on the regular agenda. D. Public Hearings. 1. Procedures. Boards, councils, and commissions will adopt rules of procedure for the conduct of public hearings. The following general procedures shall be reflected in the adopted rules of procedure. a. Any person may appear at a public hearing, submit evidence, and be heard. b. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration. City of Richmond, TX Page 12

13 c. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent. d. Citizens, applicants, and the City have the right to present expert witnesses. e. The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant. 2. Representation. Persons appearing before a board, council, or commission may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, board, council, or commission. 3. Quorum. The number of members of a board, council, or commission that is required in order to constitute a quorum is set out in the City's Code of Ordinances and in Division , Commissions and Boards. E. Decisions. 1. All Decisions. Except when voice votes are authorized, a vote shall be conducted in such manner that the public may know the vote of each person entitled to vote. 2. Planning and Zoning Commission and City Council Decisions. Except where this UDC or state statutes provide otherwise, official action requires the favorable vote of a majority of a quorum present. 3. Zoning Board of Adjustment Decisions. In accordance with Section , Authority of Board, of the Tex. Local Gov't Code, the decisions of the Zoning Board of Adjustment are as follows. a. In exercising its powers, the Zoning Board of Adjustment may, in conformity with the provisions of the statutes of the state as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. b. The Zoning Board of Adjustment shall have the power to impose reasonable conditions to be complied with by the applicant. The concurring vote of 75 percent of the number of regular members of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this Chapter or to effect any variance in said Chapter. 4. Protest against change. In case of a protest against a change in zoning district, signed by the owners of 20 percent or more either of the land included in such proposed change, or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Commission. F. Time Limitations for Decisions. 1. For rezoning applications, the Planning and Zoning Commission may defer its report for not more than 60 days to the City Commission. If the Planning and Zoning Commission fails to finally report after 60 days to the City Commission, then the report is deemed to have a recommendation of denial. If the Planning and Zoning Commission makes a recommendation after the public hearing, then the proposal will move forward to the next regularly scheduled City Commission hearing in accordance with Section , Public Notice. City of Richmond, TX Page 13

14 2. For preliminary and final plats, the City Commission shall have final consideration of approval, which must occur within 30 days from when the application has been determined complete. G. Conditions of Approval. Some procedures set out in this UDC authorize the administering body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Master Plan and this UDC. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development, and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development, and / or shall carry out the general purpose and intent of the City's Comprehensive Master Plan and this UDC. No conditions of approval, except for those attached to a variance approval, shall be less restrictive than the requirements of this UDC. Sec Continuances and Withdrawal of Applications A. Continuances. Requests for continuance of any proceeding called for in this UDC may be granted at the discretion of the administering body holding the meeting. If granted, the applicant shall pay all additional costs associated with the rescheduling of the proceeding. B. Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceeding before the recommendation or decision is made. Sec Successive Application A. Generally. It is the policy of the City not to hear successive applications for the same approval after an application is denied. The limitations of this Section prevent the consideration of successive applications. B. Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied six months prior. C. Appeal and Waiver of Restrictions. 1. The Code Official's determination that an application is substantially similar to a denied application is subject to administrative appeal (see Section , Appeals of Administrative Decisions). 2. In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Commission, which may grant the waiver for good cause shown. Sec Inspection of Public Improvements A. Generally. The City shall have the authority to inspect work and materials furnished as part of the work associated with the construction of public improvements. Inspections made by the City are for the sole benefit of the City and do not relieve the contractor, owner, or developer of any obligations or liabilities. B. Effect on Certificate of Occupancy. Except as otherwise agreed by the City, no certificate of occupancy for any habitable structure shall be issued until all required public improvements City of Richmond, TX Page 14

15 have been completed and finally accepted for maintenance and/or ownership by the City or other applicable public agency or private party. Sec Stale Applications A. Generally. Applications for development approval must be diligently pursued by the applicant. Accordingly, this Section extinguishes applications that become stale due to inaction by the applicant. B. Expiration of Stale Applications. 1. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if: a. The applicant fails to take action; or b. The applicant fails to request an extension of time pursuant to Subsection C., below. 2. When an action by the applicant is required for further processing of an application for preliminary plat approval, the application shall become void 29 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application, where changes or corrections are required, or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent. 3. No refunds of application fees will be issued to applicants whose applications expire pursuant to this Section. C. Extension of Time. Except for final plats, the time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in Subsection B., above. D. Effect of Expiration. Applications that expire pursuant to this Section shall automatically become null and void, closed and discarded without further notice or activity by the City. Any application proposal for a lot, parcel, or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees. Division Administrative Permits and Approvals Sec Land Clearing Permit A. Generally. For the purpose of protecting significant stands of trees and individual protected trees, land may not be clear cut in preparation for development. Instead, a land clearing permit shall be requested and issued before removing any vegetative cover, excavating, filling, or generally disturbing the land. B. Required. A land clearing permit is required when any of the following, but not limited to the following, exist: 1. Any excavation, fill, or land disturbing activity involving an earthwork volume greater than 100 cubic yards. City of Richmond, TX Page 15

16 2. Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk, or path. 3. Construction of any paved or improved hard surface larger than 1,000 square feet in area. 4. Construction or installation of any sewer pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure. 5. Installation of any exterior lighting for any site or use except single-family detached and duplex dwelling units. 6. Comply with stormwater management requirements set out in Division , Grading, Erosion, and Stormwater Management, and Article 4.6, Infrastructure. C. Permit Conditions. All land clearing permits are issued upon the following conditions: 1. The applicant shall notify the Code Official at least five days before beginning any land disturbing activity; 2. The applicant shall install and maintain all erosion control measures; 3. The applicant shall maintain all road drainage systems, storm water drainage systems, and other facilities; 4. The applicant shall remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses; 5. The applicant shall allow the Code Official or designee to enter the site to verify compliance or to perform any work necessary to bring the site into compliance with approved permit; and 6. The applicant shall submit a revised land clearing permit for approval if the nature of the project changes from that proposed under the approved permit. D. Decision Criteria. A land clearing permit shall be issued if the Code Official finds that: 1. All applicable requirements of this Section and UDC have been met; and 2. If any state or federal approvals are required, said approvals have been granted. Sec Site Development Plan A. Generally. A site development plan is required for all development, redevelopment, and substantial improvement to multi-family, nonresidential, public/institutional, and mixed-use development. B. Application. A site development plan application shall state the name(s) and address(es) of the owner or developer and applicant (if applicable) for the parcel proposed for development, all applicable fees, and the requirements listed in Subsection C., below. C. Requirements. A site development plan must be accompanied by a site plan at a scale of one inch equals 100 feet, unless a lesser scale is authorized by the Code Official, showing each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change, together with open spaces, landscaped areas, parking and loading, and vehicular and pedestrian circulation, as well as an indication of the square footage of gross floor area proposed. The site plan shall be supplemented with the following: 1. Grading plan showing the proposed grading of all land disturbing activities on the site tied to existing grades which include: City of Richmond, TX Page 16

17 a. Grading shall meet the design criteria set out in the most recent version of the Stormwater Management Handbook for Construction Activities Prepared by Harris County/Harris County Flood Control District and City of Houston, and be adequate to prevent transportation of sediment from the site to the satisfaction of the City; b. Clearing and grading of any natural resources such as forests and wetlands when in compliance with all the standards of this UDC and clearing techniques are those used in the Stormwater Management Handbook for Construction Activities Prepared by Harris County/Harris County Flood Control District and City of Houston; c. Phasing may be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review as approved by the City; and d. Cut and fill slopes shall be no greater than a three to one ratio, except as approved by the City to meet other community or environmental objectives. 2. Engineering plans for water, sewer, and other utilities, as well as street(s) and parking construction. 3. Stormwater management plan showing detention/retention facilities providing for a 100- year storm and storm sewers or surface drainage providing for a 25-year storm. 4. Landscaping plan showing trees to be removed or preserved, and new landscaping delineating and annotating canopy, shrub, and ground covering plantings. 5. A buffering plan in accordance with Division , Buffering, showing the location and width of the bufferyard, together with the number and types of trees and shrubs and any fences or walls and their material(s) and height(s). 6. A lighting plan in accordance with Division , Outdoor Lighting, showing the location and design of fixtures and illumination levels across the property and into neighboring properties. A statement shall accompany this plan indicating that light spillover will not exceed the stated limit, or corrections will be made in the case of spillover. 7. Building elevations and exterior finish schedules in accordance with Article 5.1, Building Design Standards. 8. Sign plan. D. Exceptions. A site development plan is not required for the following activities: 1. Construction of single-family and duplex dwellings in an improved subdivision or on an unplatted parcel; 2. Construction of a building addition that does not exceed 15 percent of the gross floor area or that does not require an expansion in the number of parking spaces exceeding 15 percent; 3. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; and 4. Existing nursery and agricultural operations conducted as a permitted principal and/or accessory use. E. Procedures. The Code Official shall review each application for a site development plan to determine its conformance with the provision of this UDC. The City shall inform the applicant in writing of: 1. Approval of the application in writing; 2. Approval of the application with conditions stated in writing; 3. Denial of the application indicating in writing the reason(s) and procedure for re-submitting a revised plan; or City of Richmond, TX Page 17

18 4. The decision of the Code Official to refer the site development plan to the Planning and Zoning Commission for their review and consideration when: a. Discretion is required as to the appropriateness and level of conformity of the site development plan with the standards of this Code and the policies and objectives of City plans; b. In the determination of the Code Official, the site development plan does not conform to the standards and requirements of this Code; c. The applicant requests variations or modifications to the standards of this Code; or d. The applicant appeals the recommendation or decision of the Code Official and requests the review and decision of the Planning and Zoning Commission. F. Decision Criteria. The criteria used to determine conformance with the standards of this Code shall include, but are not limited to, those that are applicable to the respective use and site or building type, generally including: 1. Be used to implement the objectives and directions of the Comprehensive Master Plan and any special area plans in a manner that is consistent with the standards of this Code. 2. Be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Code. 3. Not materially and adversely affect the public health or safety through interpretations of the standards of this Code that do not give full effect to other provisions that would be protective to health and safety if applied. 4. Recognize the limits of existing and planned infrastructure, by examination of the availability and capacity of water, sewer, drainage, and transportation systems to serve present and future land uses. 5. Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment. 6. Provide for efficient and adequate provision of public services and solid waste removal. 7. Protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, and flooding. 8. Provide for accessibility within the proposed development and appropriate connectivity or buffering between the development and existing adjacent uses. G. Plan Conditions. An erosion and sediment control plan shall be approved by the City before approval of a site development plan can be granted. The erosion and sediment control plan is required for land disturbance of five acres or more (see Section , Erosion and Sediment Control Plan). H. Conditions for Revocation. If a site is developed in a manner which adversely affects the health, welfare, or safety of persons residing or working in the neighborhood or on the development site as to be detrimental to the public welfare or injurious to property or improvements, the City shall suspend or revoke said approval of the site development plan. Sec Tree Removal Permit A. Generally. Tree removal permits are required prior to the removal of up to three protected trees per lot or per acre of an unplatted or undeveloped parcel. City of Richmond, TX Page 18

19 B. Processing. The applicant shall furnish all necessary information as required by the City. The Code Official may approve, deny, or conditionally approve a request for removal of up to three protected trees per lot or per acre of an unplatted or undeveloped parcel. For requests involving up to three protected trees, the decision of the Code Official may be appealed to the City Manager whose decision may be appealed to the City Commission pursuant to the provisions of this Section. Any request for removal of four or more protected trees on any lot or parcel shall be recommended for approval conditional approval, or denial by the Code Official to the Planning and Zoning Commission who shall approve, conditionally approve, or deny the permit. C. Standards. A tree permit may be approved based upon one or more of the following findings by the decision maker: 1. The condition or location of the protected tree requires pruning to maintain or aid its health, balance, or structure; 2. The condition of the protected tree with respect to disease, danger of falling, proximity to existing structures, high pedestrian traffic areas (such as parking lots or pedestrian walkways), or interference with utility services cannot be controlled or remedied through reasonable and/or preventative procedures and practices; or 3. It is necessary to remove, relocate, prune, or encroach into the protected zone of a protected tree to enable the reasonable and conforming use of the subject property. D. Reductions. A applicant may be allowed a reduction in the number and size of the replacement trees if the applicant clearly demonstrates to the City Commission that one or more of the following sets of circumstance's is present: 1. There is insufficient available space on the affected subject site for all the replacements initially calculated, taking into account the space ultimately needed for trees upon maturity; 2. There are sufficient remaining trees on the affected subject site to maintain cover and diversity in the City as a whole; or 3. The number of replacements calculated by the formula is unreasonably large, and the urban forest would not be substantially affected if the reduction was allowed. E. Conditions of Removal. Conditions may be imposed on the permit at the discretion of the decision maker including, but not limited to, a condition requiring: 1. A condition requiring the placement of additional trees on the subject property as recommended by the Planning and Zoning Commission and established by the City Commission, to offset the impacts associated with the removal or pruning of a tree or encroachment into the protected root zone of a tree; 2. Relocation of a tree on-site or off-site, or the planting of a new tree off-site to replace the loss of a tree; 3. A maintenance and care program initiated to insure the continued health and care of tree(s) on the property; or 4. A condition requiring payment of a fee of $ per removed tree up to a maximum of $4, to the City to be used elsewhere in the City. Sec Temporary Use Permit A. Generally. A temporary use permit is required as a precondition to establishment of a temporary use. City of Richmond, TX Page 19

20 B. Application. An application for a temporary use permit shall be on a form approved by the Code Official. An application for a temporary use may be filed by the owner, or other person having a contractual interest in, the subject property. C. Required. As set out in Section , Temporary Uses, this Section is applicable to the following administrative approvals: 1. Neighborhood events; 2. Commercial outdoor sales events and public special events with an expected peak attendance of less than 1,500 persons and where indicated as "limited" in Table , Temporary Uses; and 3. Construction, storage, and refuse collection uses indicated as "limited" in Table , Temporary Uses. D. Decision Criteria. The Code Official shall approve, approve with conditions, or deny the application depending on how it meets the substantive requirements of this UDC, particularly those specified for the proposed use in Section , Temporary Uses, and Section , Temporary Use Standards. Sec Zoning Clearance Permit A. Generally. A zoning clearance permit is an an administrative procedure in which the Code Official verifies that an application for development approval of a permitted or limited use, or a building or structure that is permitted without site plan approval, complies with the requirements of this UDC (see Section , Administrative Approvals and Permits). In addition, a zoning clearance permit is required as a precondition to establishment of or changes in use, as well as redevelopment, or substantial improvement of an existing building or structure. B. Application. Applications for zoning clearance permits shall be on a form approved by the Code Official. C. Required. Required for the establishment of a new use or redevelopment of an existing site. D. Decision Criteria. The Code Official shall approve or deny the application based on the following: 1. Zoning clearance permits for permitted uses shall be approved if it is demonstrated the parcel proposed for development meets the applicable substantive requirements of this UDC. 2. Zoning clearance permits for limited uses shall be approved if it is demonstrated that the parcel proposed for development meets the applicable substantive requirements of this UDC, including the applicable additional standards that are set out in Division , Limited and Conditional Use Standards, for limited uses. 3. Zoning clearance permits may be issued simultaneously with building permits or other required permits. Sec Drainage Plan A. Generally. Every proposed development must have a drainage system that shall be designed by a registered professional engineer and constructed by the developer or subdivider, as set out in City of Richmond, TX Page 20

21 Division , Infrastructure. The developer or subdivider shall be responsible to design and construct drainage facilities to retain/detain storm water to original pre-construction conditions. B. Required. 1. A drainage report and plans shall be prepared by a registered professional engineer engaged by the developer or subdivider for any land that is proposed to be subdivided, developed, redeveloped, substantially improved, or used to build any residential, nonresidential, or mixed-use development or subdivision. The study and report shall be submitted to the Code Official, together with subdivision or site development plan applications and the fee(s) established by the City Commission. 2. The Code Official shall transmit the drainage study and report to the City Engineer and other applicable review, approval, or implementing agencies. C. Decision Criteria. 1. Prior to authorization of any building permit, the City Engineer shall review and approve the drainage study, report, and plans as set out in Division , Infrastructure. The City Engineer shall have final authority of engineer interpretations of all required submittals necessary to this UDC, and shall report the findings to the Code Official for appropriate action regarding the subdivision or site development plan applications. 2. Sufficient inspections shall be made to ensure compliance with the specifications set out in this UDC and other applicable regulations and ordinances. A registered professional engineer, employed by the developer or subdivider and approved by the City Engineer, may certify, in writing, to the City Engineer that such engineer has inspected each phase of the construction of the storm drainage improvements and certified that they meet the requirements and standards of this UDC and all other applicable regulations and ordinances of the City, as well as other applicable review, approval, or implementing agencies. The City Engineer shall make a final inspection of the storm drainage improvements before accepting the improvements for dedication to the City for permanent maintenance. D. Enforcement. No zoning clearance permit or building permit shall be issued for any new building or development without a written statement from the City Engineer stating that the storm drainage facilities and improvements meet all of the requirements of this UDC and other applicable regulations and ordinances. Sec Floodplain Development Permit A. Required. All development proposed within a special flood hazard area and all development constructed, installed, commenced, improved, or maintained within a special flood hazard area after the effective date (to the extent permitted by this UDC), is required to obtain a floodplain development permit from the Floodplain Administrator in accordance with the procedures and criteria established in this Section. B. Application. In addition to the requirements established by the Code Official for all administrative plans and permits, applications for a floodplain development permit shall be accompanied by plans drawn to scale showing locations, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the locations of the foregoing in relation to areas of special flood hazard. The following information is required: City of Richmond, TX Page 21