Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter E - ECONOMICALLY DISTRESSED AREAS › Division 1 - ECONOMICALLY DISTRESSED AREAS PROGRAM › Section 363.505 - Required Information for Full Applications

Current through Reg. 49, No. 28; July 12, 2024
A full application for planning, acquisition, design,
						construction, or a combination thereof, shall be in the form and numbers
						prescribed by §
											363.12
						of this title (relating to General, Legal, and Fiscal Information). Full
						applications will be reviewed for administrative completeness, as determined by
						the executive administrator. In addition to any other information that may be
						required by the executive administrator or the board, the full application
						shall include:
(1) information to
					 establish to the satisfaction of the executive administrator that the county in
					 which the applicant is located has adopted and is enforcing the model rules
					 adopted by the board pursuant to Texas Water Code §
											16.343
					 (model rules) and that, if any part of the project is located within the
					 corporate limits of a municipality or its extraterritorial jurisdiction, the
					 municipality has adopted and is enforcing the model rules, including the
					 following information:
(A) A copy of the
					 subdivision regulations adopted by the county and the municipality, if
					 applicable;
(B) From the county and
					 the municipality, if applicable, the lesser of either the three most recently
					 approved residential subdivision plats, or all recently approved subdivision
					 plats, that are within the jurisdiction of the county, and, if applicable, the
					 municipality; provided that, if a county or municipality has not approved any
					 residential subdivision plats within the last five years, the county judge and
					 mayor, if applicable, shall submit a notarized statement to such
					 effect;
(C) A notarized statement
					 from the county judge that:
(i) the
					 residential subdivision regulations adopted by the county and submitted with
					 the statement fully incorporate the model rules;
(ii) any residential subdivision plats
					 submitted with this statement fully comply with the county
					 regulations;
(iii) the county is
					 enforcing the applicable model rules developed under Texas Water Code §
													16.343,
					 and a description of any measures taken to mitigate any deficiencies in
					 compliance;
(iv) acknowledges that,
					 if the executive administrator determines that the county is not enforcing the
					 model rules, all funds provided by the board under this subchapter and
					 committed for Economically Distressed Areas Program (EDAP) projects in the
					 county shall be suspended; and
(v)
					 Such statement shall be considered sufficient to establish compliance with the
					 model rules unless the executive administrator identifies significant
					 violations with the model rules and the county is unable to correct the
					 deficiencies within 90 days of notification of the violations;
(D) If any part of the project is
					 located within the corporate limits of a municipality or its extraterritorial
					 jurisdiction, a notarized statement from the mayor that:
(i) the residential subdivision regulations
					 adopted by the municipality and submitted with the statement fully incorporate
					 the model rules;
(ii) any
					 residential subdivision plats submitted with this statement fully comply with
					 the municipality's regulations;
(iii) acknowledges that, if the executive
					 administrator determines that the municipality is not enforcing the model
					 rules, all funds provided by the board under this subchapter and committed for
					 EDAP projects in the municipality or its extraterritorial jurisdiction shall be
					 suspended; and
(iv) such statement
					 shall be considered sufficient to establish compliance with the model rules
					 unless the executive administrator identifies significant violations with the
					 model rules and the municipality is unable to correct the deficiencies within
					 90 days of notification of the violations;
(E) If the county or municipality, if
					 applicable, has only been required or authorized to adopt residential
					 subdivision rules that enforce the model rules within one year of the
					 submission of the application the executive administrator may require that each
					 member of the applicable governing body:
(i)
					 complete a course of training of not more than two hours on the implementation
					 of the model rules prepared and provided by the executive administrator in a
					 widely available medium at no cost; and
(ii) provide a notarized statement that the
					 member has completed the training.