§ 30-3-42. NOTICE OF WAIVER REQUEST.

(A)

After receiving a waiver request, the single office shall establish the alignment of a relevant roadway and, if a development application has been filed, shall apply the dedication standards under Section 30-3-25 (Dedication Of Right-Of-Way).

(B)

If an application covers an area designated as a state roadway project, the single office shall:

(1)

notify the Texas Department of Transportation that:

(a)

a request for a waiver has been filed; and

(b)

if applicable, that a development application has been filed proposing construction in a reserved right-of-way or setback from reserved right-of-way; and

(2)

request field notes from the Texas Department of Transportation.

(C)

If the proposed structure or improvement is located in reserved right-of-way subject to dedication, the single office shall require that the application be amended to show the land to be dedicated.

(D)

The single office shall certify that:

(1)

the dedication requirements have been applied to the application and that a request for a waiver to erect a structure or construct an improvement in the reserved right-of-way has been filed; or

(2)

a request for waiver of the reservation requirements of this article has been filed by an applicant who does not have a development application pending before the city or county and that 15 percent or more of the property is or would be subject to the reservation requirements of this article.

Source: City Code Section 25-6-82; County Code Section 82.202(f)(4)(B); Ord. 031211-11; Ord. 031211-42.