Texas Register, Volume 37, Number 38, Pages 7327-7532, September 21, 2012 Page: 7,365
7327-7532 p. ; 28 cm.View a full description of this periodical.
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(F) Storm Water Management (Detention/Reten-
tion/Drainage).
(G) Topography Review (provide existing topography
survey or USGS Topography).
(H) Site Ingress/Egress Requirements (Fire/TxDot/Me-
dian Cuts, Deceleration Lanes).
(I) Off-Site requirements (Utilities/Roadways/Other).
(J) Water/Sanitary Sewer Service Summary (attach dis-
tribution maps).
(K) Electric, Gas, and Telephone Service Summary (at-
tach distribution maps).
(L) Zoning/Site Development Ordinances (do not in-
clude copies of ordinances).
(M) Building Codes/Ordinances/Design Requirements
Summary (do not include copies of ordinances).
(N) Entitlement/Site Development/Building Permit
Process Summary, Fees and Timing.
(0) Other Considerations, Conditions, Issues or Topics
Relevant to Development of the Site as proposed.
10.206. Board Decisions ((2306.6725(c); 2306.6731; and
42 (m)n(1) (A) (iv)).
The Board's decisions shall be based upon the Department's and the
Board's evaluation of the proposed Developments' consistency with the
criteria and requirements set forth in this chapter, Chapter 11 of this ti-
tle (relating to Housing Tax Credit Program Qualified Allocation Plan)
and other applicable Department rules. The Board shall document the
reasons for each Application's selection, including any discretionary
factors used in making its determination, including good cause and the
reasons for any decision that conflicts with the recommendations made
by Department staff. Good cause includes the Board's decision to apply
discretionary factors where authorized. The Department reserves the
right to reduce the amount of funds requested in an Application, condi-
tion the award recommendation or terminate the Application based on
the Applicant's inability to demonstrate compliance with program re-
quirements. The recommendation with amendments, if any, approved
by the Board, will supersede any conflicting information in the Appli-
cation.
10.207. Waiver of Rules for Applications.
(a) General Process. This waiver section is applicable only to
Subchapters B and C of this chapter (relating to Uniform Multifamily
Rules) and Chapter 11 of this title (relating to Housing Tax Credit Pro-
gram Qualified Allocation Plan). An Applicant must request a waiver
or pre-clearance, as applicable based on the requirements stated herein,
in writing at or prior to the submission of the pre-application for Com-
petitive Housing Tax Credit Applications and Tax Exempt Bond De-
velopments where the Department is the Issuer. For all other Appli-
cations, the waiver request must be submitted at the time of Applica-
tion submission. Regarding waivers, the request must establish how it
is necessary to address circumstances beyond the Applicant's control
and how, if the waiver is not granted, the Department will not fulfill
some specific requirement of law. In this regard the policies and pur-
poses articulated in Texas Government Code, 2306.001, 2306.002,
2306.359, and 2306.6701 are general in nature and apply to the role
of the Department and its programs, including the Housing Tax Credit
program. Regarding pre-clearance determinations, the request should
include sufficient documentation in order for the Board to make a deter-
mination (e.g. detailed information regarding site features or commu-
nity revitalization plans) and should reference the section of the ruleswhich calls for such determination. Where appropriate the Applicant
is encouraged to submit with the requested waiver or pre-clearance
any plans for mitigation or alternative solutions. Any such request for
waiver must be specific to the unique facts and circumstances of an ac-
tual proposed Development. Any waiver or pre-clearance, if granted,
shall apply solely to the Application and shall not constitute a general
modification or waiver of the rule involved.
(b) Waivers and/or Pre-Clearance Granted by the Executive
Director. The Executive Director may waive or grant pre-clearance as
provided in this rule. Even if this rule grants the Executive Director au-
thority to waive or pre-clear a given item, the Executive Director may
present the matter to the Board for consideration and action. Neither
the Executive Director nor the Board shall grant any waiver or pre-clear
any item to the extent such requirement is mandated by statute. De-
nial of a waiver and/or pre-clearance by the Executive Director may
be appealed to the Board in accordance with 10.902 of this chapter
(relating to Appeals Process. (2306.0321; 2306.6715)). Applicants
should expect that waivers granted by the Executive Director will gen-
erally be very limited. The Executive Director's decision to defer to
the Board will not automatically be deemed an adverse staff position
with regard to the waiver request as public vetting of such requests is
generally appropriate and preferred. However, this does not preclude
a staff recommendation to approve or deny any specific request for a
waiver.
(c) Waivers Granted by the Board. The Board, in its discre-
tion, may waive any one or more of the rules in Subchapters A - C, E,
and G of this chapter (relating to Uniform Multifamily Rules) except
no waiver shall be granted to provide forward commitments or if it is
prohibited by statute (i.e., statutory requirements may not be waived).
The Board, in its discretion, may grant a waiver that is in response to a
natural, federally declared disaster that occurs after the adoption of the
multifamily rules. A requested waiver must establish how the waiver
is necessary to address circumstances beyond the Applicant's control
and how, if the waiver is not granted, the Department will not fulfill
some specific requirement of law or purpose or policy set forth in Texas
Government Code, Chapter 2306. In this regard, the policies and pur-
poses articulated in Texas Government Code, 2306.001, 2306.002,
and 2306.6701 are general in nature and apply to the role of the De-
partment and its programs, including the tax credit program, taken as a
whole and the Board does not view the fact that an outcome requiring
a waiver would be consistent with any of those enumerated policies or
purposes as establishing a presumption that specific transaction must
be granted a waiver in order for the program, as a whole, to be consis-
tent with those policies and purposes.
10.208. Forms and Templates.
This section includes forms and templates to be used in the Uniform
Application.
Figure: 10 TAC 10.208
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 10,
2012.
TRD-201204700
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 21, 2012
For further information, please call: (512) 475-3916PROPOSED RULES September 21, 2012 37 TexReg 7365
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Texas. Secretary of State. Texas Register, Volume 37, Number 38, Pages 7327-7532, September 21, 2012, periodical, September 21, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288980/m1/38/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.