Law:Title 12. Planning And Development. Subtitle C. Planning And Development Provisions Applying To More Than One Type Of Local Government from Chapter 397. Strategic Planning Relating To Military Installations (Texas)

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Subtitle C. Planning And Development Provisions Applying To More Than One Type Of Local Government

Contents

Chapter 397. Strategic Planning Relating To Military Installations

Section  397.001.  Definitions.

In this chapter:

(1)  "Defense base" means a federally owned or operated military installation or facility that is presently functioning or was closed as a result of the United States Department of Defense base realignment process.

(2)  "Defense community" means a political subdivision, including a municipality, county, or special district, that is adjacent to, is near, or encompasses any part of a defense base.

Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 396, Sec. 4, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 1160, Sec. 7, eff. September 1, 2005.



Section  397.002.  Defense Base Military Value Enhancement Statement.

(a) A defense community that applies for financial assistance from the Texas military value revolving loan account under Section 436.153, Government Code, shall prepare, in consultation with the authorities from each defense base associated with the community, a defense base military value enhancement statement that illustrates specific ways the funds will enhance the military value of the installations and must include the following information for each project:

(1)  the purpose for which financial assistance is requested, including a description of the project;

(2)  the source of other funds for the project;

(3)  a statement on how the project will enhance the military value of the installation;

(4)  whether the defense community has coordinated the project with authorities of the military installation and whether any approval has been obtained from those authorities;

(5)  whether any portion of the project is to occur on the military installation;

(6)  whether the project will have any negative impact on the natural or cultural environment;

(7)  a description of any known negative factors arising from the project that will affect the community or the military installation;  and

(8)  a description of how the project will address future base realignment or closure.

(b)  The Texas Military Preparedness Commission may require a defense community to provide any additional information the commission requires to evaluate the community's request for financial assistance under this section.

(c)  Two or more defense communities near the same defense base that apply for financial assistance from the Texas military value revolving loan account may prepare a joint statement.

(d)  A copy of the defense base military value enhancement statement shall be distributed to the authorities of each defense base included in the statement and the Texas Military Preparedness Commission.

(e)  This section does not prohibit a defense community that is not applying for financial assistance from preparing a defense base military value enhancement statement under this section.

Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 396, Sec. 5, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 1160, Sec. 8, eff. September 1, 2005.



Section 397.0021.  Defense Community Economic Redevelopment Value Statement.

(a) A defense community that is adjacent to a closed military installation and applies for financial assistance from the Texas military value revolving loan account shall prepare an economic redevelopment value statement that illustrates specific ways the funds will be used to promote economic development in the community and include the following information for each project:

(1)  the purpose for which financial assistance is requested, including a description of the project;

(2)  the source of other funds for the project;

(3)  a statement on how the project will promote economic development in the community;

(4)  whether any portion of the project is to occur on a closed military installation;

(5)  whether any approval has been obtained from those authorities retaining or receiving title to that portion of the closed installation to be affected by the project;

(6)  whether the project will have any negative impact on the natural or cultural environment; and

(7)  a description of any known negative factors arising from the project that will affect the defense community.

(b)  The Texas Military Preparedness Commission may require a defense community to provide any additional information the commission requires to evaluate the community's request for financial assistance under this section.

(c)  Two or more defense communities near the same defense base that apply for financial assistance from the Texas military value revolving loan account may prepare a joint statement.

(d)  A copy of the economic redevelopment value statement shall be distributed to the Texas Military Preparedness Commission and any defense community which may be affected by the resulting project.

(e)  This section does not prohibit a defense community that is not applying for financial assistance from preparing an economic redevelopment value statement under this section.

Added by Acts 2005, 79th Leg., Ch. 396, Sec. 6, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch. 1160, Sec. 9, eff. September 1, 2005.



Section  397.003.  Comprehensive Defense Installation And Community Strategic Impact Plan.

(a) A defense community may request financial assistance from the Texas military value revolving loan account to prepare a comprehensive defense installation and community strategic impact plan that states the defense community's long-range goals and development proposals relating to the following purposes:

(1)  controlling negative effects of future growth of the defense community on the defense base and minimizing encroachment on military exercises or training activities connected to the base;

(2)  enhancing the military value of the defense base while reducing operating costs; and

(3)  identifying which, if any, property and services in a region can be shared by the defense base and the defense community.

(b)  The comprehensive defense installation and community strategic impact plan should include, if appropriate, maps, diagrams, and text to support its proposals and must include the following elements as they relate to each defense base included in the plan:

(1)  a land use element that identifies:

(A)  proposed distribution, location, and extent of land uses such as housing, business, industry, agriculture, recreation, public buildings and grounds, and other categories of public and private land uses as those uses may impact the defense base; and

(B)  existing and proposed regulations of land uses, including zoning, annexation, or planning regulations as those regulations may impact the defense base;

(2)  a transportation element that identifies the location and extent of existing and proposed freeways, streets, and roads and other modes of transportation;

(3)  a population growth element that identifies past and anticipated population trends;

(4)  a water resources element that:

(A)  addresses currently available surface water and groundwater supplies; and

(B)  addresses future growth projections and ways in which the water supply needs of the defense community and the defense base can be adequately served by the existing resources, or if such a need is anticipated, plans for securing additional water supplies;

(5)  a conservation element that describes methods for conservation, development, and use of natural resources, including land, forests, soils, rivers and other waters, wildlife, and other natural resources;

(6)  an open-space area element that includes:

(A)  a list of existing open-space land areas;

(B)  an analysis of the defense base's forecasted needs for open-space areas to conduct its military training activities; and

(C)  suggested strategies under which land on which some level of development has occurred can make a transition to an open-space area, if needed;

(7)  a restricted airspace element that creates buffer zones, if needed, between the defense base and the defense community; and

(8)  a military training route element that identifies existing routes and proposes plans for additional routes, if needed.

(c)  Two or more defense communities near the same defense base may prepare a joint plan.

Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003.



Section  397.004.  Planning Manual. A D

efense community that has prepared a comprehensive defense installation and community strategic impact plan described by Section 397.003 is encouraged to develop, in coordination with the authorities of each defense base associated with the community, a planning manual based on the proposals contained in the plan. The manual should adopt guidelines for community planning and development to further the purposes described under Section 397.002. The defense community should, from time to time, consult with defense base authorities regarding any changes needed in the planning manual guidelines adopted under this section.

Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003.



Section 397.005.  Consultation With Defense Base Authorities: Proposed Ordinance, Rule, Or Plan.

(a) This subsection applies to a defense community other than a defense community described by Subsection (b).  If a defense community determines that an ordinance, rule, or plan proposed by the community may impact a defense base or the military exercise or training activities connected to the base, the defense community shall seek comments and analysis from the defense base authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations.  The defense community shall consider and analyze the comments and analysis before making a final determination relating to the proposed ordinance, rule, or plan.

(b)  This subsection applies only to a defense community that includes a municipality with a population of more than 110,000 located in a county with a population of less than 135,000 and that has not adopted airport zoning regulations under Chapter 241.  A defense community that proposes to adopt or amend an ordinance, rule, or plan in an area located within eight miles of the boundary line of a defense base or the military exercise or training activities connected to the base shall seek comments and analysis from the defense base authorities concerning the compatibility of the proposed ordinance, rule, or plan with base operations.

(c)  A defense community described by Subsection (b) shall consider and analyze any comments and analysis received from the defense base authorities under Subsection (b) before making a final determination relating to the proposed ordinance, rule, or plan.  The defense community described by Subsection (b) may not make a final determination under this subsection until the 31st day after the date comments and analysis are requested under Subsection (b).

Added by Acts 2003, 78th Leg., ch. 149, Sec. 9, eff. May 27, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1320, Sec. 1, eff. June 19, 2009.



Section 397.006.  Consultation With Defense Base Authorities: Proposed Structure.

(a) This section applies only to a defense community that includes a municipality with a population of more than 110,000 located in a county with a population of less than 135,000 and that has not adopted airport zoning regulations under Chapter 241.

(b)  On receipt of an application for a permit as described by Section 245.001 for a proposed structure in an area located within eight miles of the boundary line of a defense base or the military exercise or training activities connected to the base, the defense community reviewing the application shall seek comments and analysis from the defense base authorities concerning the compatibility of the proposed structure with base operations.

(c)  The defense community shall consider and analyze any comments and analysis received from the defense base authorities under Subsection (b) before making a final determination relating to approval of the permit for the proposed structure.  The defense community may not make a final determination under this subsection until the earlier of the date comments and analysis are received from the defense base authorities or the fifth business day after the date comments and analysis are requested under Subsection (b).  In this subsection, "business day" means any day other than a Saturday, Sunday, or state or federal holiday.

(d)  This section does not apply if a defense community is required to take immediate action on an application to protect the public health, safety, or welfare of residents of the defense community.

Added by Acts 2009, 81st Leg., R.S., Ch. 1320, Sec. 2, eff. June 19, 2009.


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