This article applies to any application for a permit authorized under this chapter, which is submitted for filing after the effective date of this article, including expressly any permit application which has expired under the provisions of such articles, or under the provisions of this article, except as otherwise provided in this article. The separate articles of this chapter collectively shall be referenced as the code hereinafter. For purposes of this article, a permit issued under the code has expired if the activity authorized by the permit has not been completed within the period prescribed by the code.
(Ordinance 1779 adopted 1/26/09)
(a) 
Completeness determination.
Every application for approval of a permit authorized by this Code shall be subject to a determination of completeness by the Building Inspection Department. No application shall be accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this code, as specified in the article authorizing the permit for which the application is made, and including without limitation illustrations, site plans or other information demonstrating compliance with the Town’s zoning ordinance. The Building Inspection Department may promulgate a fee for review of the application for completeness.
(b) 
Incompleteness as grounds for denial.
The processing of an application by any Town official or employee prior to the time the application is determined to be complete shall not be binding on the Town as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this code.
(c) 
Preapplication conference.
An applicant may request a preapplication conference with the Building Inspection Department for purposes of identifying requirements that are applicable to a proposed application. The request shall be made in writing on a form prepared by the Building Inspection Department and shall state that any proposed construction concept discussed at the preapplication conference is not intended as a plan of development or application for permit approval. The applicant shall execute the form prior to requesting information from any Town official regarding standards applicable to an application for a building permit.
(d) 
Time for making determination.
Following submission of a permit application, the Building Inspection Department shall make a determination whether the application constitutes a complete application for the permit not later than the tenth (10th) business day after the date the application is submitted and shall notify the applicant in writing of the determination in a manner agreed to by the applicant. The written notification shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information is not provided.
(e) 
When deemed complete.
An application for approval of a permit authorized by this code shall be deemed complete on the eleventh (11th) business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete.
(f) 
Time for completing application.
If an application for a permit is not completed in accordance with the Building Inspection Department’s written notification on or before the forty-fifth (45th) day after the application is submitted, the application will be deemed to have expired and it will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval of the permit must be submitted. The Town may retain any fee paid for reviewing the application for completeness.
(g) 
Vested rights.
No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.
(h) 
Priority of permit applications.
Notwithstanding any other provision of this chapter to the contrary, no application for an electrical permit, plumbing permit, mechanical permit, fence permit, irrigation system permit, HVAC permit, drainage system permit, alarm permit, fire sprinkler permit, private flatwork permit, public flatwork permit, curb/gutter permit, pool permit, fountain permit, or signage permit may be submitted or accepted for filing until the applicant has filed an application for a building permit under article 3.02 or for a permit under article 3.08, unless the applicant avers in writing that the permit application is not associated with a permit for construction of, reconstruction of, or addition to a structure and waives any subsequent claim that the permit was required for such purpose.
(i) 
Decision on application.
Once an application for a permit for erection or improvement of a building, as authorized under article 3.02 or 3.08 of this code, is deemed or determined to be complete, the Building Inspection Department shall grant or deny the permit application within forty-five (45) days of the date the application is deemed complete or the date the Building Inspection Department notifies the applicant in writing that the application is complete. The applicant and the department may agree in writing to a longer period for a decision on the permit. If the permit application meets the requirements of the code, the Building Inspection Department shall notify the applicant in writing that the permit will be issued upon payment of all permit fees. The department shall issue the permit within five (5) business days of receipt of the permit fees to be paid by the applicant. If the applicant fails to pay the permit fees within five (5) business days of receiving such notification, the permit shall be deemed denied.
(j) 
Prior review and decision procedures superseded.
To the extent that any permit application review and decision procedures incorporated in this code are in conflict or inconsistent with the provisions of this section, such provisions hereby are superseded to the extent of the conflict by the provisions of this section, including without limitation those procedures contained in the 2006 International Building Code, section 105, as may be amended by article 3.02; in the 2006 International Plumbing Code, section 106, as may be amended by article 3.04; in the 2006 International Fuel Gas Code, section 106, as may be amended by article 3.05; in the 2006 International Mechanical Code, section 106, as may be amended by article 3.06; and in the 2006 International Residential Code, section R105, as may be amended by article 3.08.
(Ordinance 1779 adopted 1/26/09)
(a) 
Vested rights petition.
(1) 
Purpose.
The purpose of a vested rights petition is to determine whether one or more standards of this code should not be applied to a permit application by operation of State law, or whether certain permits are subject to expiration.
(2) 
Applicability.
A vested rights petition may be filed with an application for any permit authorized by this code.
(3) 
Effect.
Upon granting of a vested rights petition in whole or in part, the permit application shall be decided in accordance with the standards specified in the relief order based on prior permit requirements or development standards, or the approved permit otherwise subject to expiration shall be extended.
(b) 
Petition requirements.
(1) 
Who may petition.
A vested rights petition may be filed only by a property owner or the owner’s authorized agents with the permit application.
(2) 
Form of petition.
The vested rights petition shall allege that the petitioner has a vested right for the land subject to the permit application under Texas Local Government Code, chapter 245 or successor statute that requires the Town to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:
(A) 
A narrative description of the grounds for the petition;
(B) 
A copy of each approved or pending permit application which is the basis for the contention that the Town may not apply current standards to the application which is the subject of the petition, or a copy of construction drawings, sketch plan or other information that was presented to the Town (hereinafter, a “concept plan”);
(C) 
The date of submittal of the permit application or concept plan;
(D) 
The date the project for which the permit application or concept plan was commenced;
(E) 
Identification of all standards otherwise applicable to the permit application from which relief is sought;
(F) 
Identification of the standards which the petitioner contends apply to the permit application;
(G) 
Identification of any current standards which petitioner agrees can be applied to the permit application at issue;
(H) 
A copy of any prior vested rights determination by the Town involving the same land; and
(I) 
Any other information the petitioner wishes to be considered for a determination of vested rights, including matters pertaining to common law vested rights.
(3) 
Time for filing petition.
A vested rights petition shall be filed with a permit application for which a vested right is claimed. The petition shall be accompanied by a waiver of the time for deciding the permit application, pending decision on the vested rights petition.
(c) 
Processing of petition and decision.
(1) 
Responsible official.
The building inspections department shall process the vested rights petition and prepare a report. The petition and report shall be forwarded to the Town Administrator with a copy to the Town Attorney. The Town Administrator shall initially decide the vested rights petition. The Town Administrator may refer the matter to the Town Council for decision, after preparing a report, in lieu of initially deciding the petition. The Town Administrator shall notify the petitioner in writing of his decision.
(2) 
Appeal of decision on petition.
The petitioner may appeal the Town Administrator’s decision on the vested rights petition within ten (10) business days of the date of such decision to the Town Council.
(3) 
Decision by Town Council.
After considering the Building Inspection Department’s report and the Town Administrator’s decision, the Town Council on appeal shall render a decision on the vested rights petition. The Town Council’s decision shall be final.
(d) 
Action and order on petition.
(1) 
Action on the petition.
The decision-maker on the vested rights petition may take any of the following actions:
(A) 
Deny the relief requested in the petition, and direct that the permit application shall be reviewed and decided under currently applicable standards;
(B) 
Grant the relief requested in the petition, and direct that the permit application shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or
(C) 
Grant the relief requested in part, and direct that certain identified current standards shall be applied to the permit application, while standards contained in identified prior regulations also shall be applied.
(2) 
Order on petition.
Each decision on the vested rights petition shall be memorialized in an order identifying the following:
(A) 
The nature of the relief granted, if any;
(B) 
The approved or filed permit application(s) or other development application(s) upon which relief is premised;
(C) 
Current standards which shall apply to the permit application for which relief is sought;
(D) 
Prior standards which shall apply to the permit application for which relief is sought, including any procedural standards; and
(E) 
The basis upon which the decision-maker denies, in whole or in part, the relief sought.
(e) 
Criteria for approval.
The decision-maker shall decide the vested rights petition based upon the following factors:
(1) 
The nature and extent of prior permit or other development applications filed or approved for the land subject to the petition;
(2) 
Whether any prior vested rights determinations have been made with respect to the property subject to the petition;
(3) 
Whether any prior approved applications for the property have expired or have been terminated in accordance with local or State law;
(4) 
Whether any exception to vested rights laws applies to the standards in the current regulations from which the applicant seeks relief;
(5) 
Whether any prior approved permit or other development applications relied upon by the petitioner have expired;
(6) 
Whether any concept plan presented to or filed with the Town by the petitioner or in petitioner’s behalf gave the Town fair notice of the nature of the project contemplated and the permit application to be submitted; and
(7) 
Whether the project defined by the application or concept plan, if any, has changed since the date of first application or presentation to the Town.
(f) 
Application following relief order.
Following the Town’s final decision on the vested rights petition, the property owner shall conform the permit application for which relief is sought to such decision. If the permit application on file is consistent with the relief granted on the vested rights petition, no revisions are necessary. Where proceedings have been stayed on the permit application pending referral of the vested rights petition to the Town Council, proceedings on the application shall resume after the Council’s decision on the vested rights petition.
(g) 
Expiration.
Relief granted on a vested rights petition shall expire on occurrence of one of the following events:
(1) 
The petitioner or property owner fails to submit a required revised permit application consistent with the relief granted within thirty (30) days of the final decision on the petition;
(2) 
The permit application for which relief was granted on the vested rights petition subsequently is denied in accordance with the standards applicable to the permit under the relief order; or
(3) 
The permit application for which relief was granted on the vested rights petition expires.
(h) 
Prior appellate procedures superseded.
To the extent that appellate review procedures incorporated in this code are in conflict with the provisions of this section, such provisions hereby are superseded to the extent of the conflict or inconsistency by the provisions of this section, including without limitation those procedures contained in the 2006 International Building Code, section 111.2, as may be amended by article 3.02; in the 2006 International Plumbing Code, section 109, as may be amended by article 3.04; in the 2006 International Fuel Gas Code, section 109, as may be amended by article 3.05; in the 2006 International Mechanical Code, section 109, as may be amended by article 3.06; and in the 2006 International Residential Code, section R112, as may be amended by article 3.08.
(Ordinance 1779 adopted 1/26/09)