A.
Purpose.
The purpose of a petition for a Subdivision Waiver to a particular
standard or requirement with these Subdivision Regulations, as such
are applicable to Plats or Construction Plans, is to determine whether
such particular standard or requirement should be applied to an Application.
B.
Definitions.
Subdivision Waivers shall be classified as a Minor Subdivision
Waiver or Major Subdivision Waiver.
C.
Decision
Maker.
1.
Minor
Subdivision Waiver.
a.
Decision
Maker Authority.
i.
The
City Manager shall act upon a Minor Subdivision Waiver listed in Table
10.
b.
Appeal
of a Minor Subdivision Waiver Decision.
i.
Appeal
Review and Recommendation.
An appeal of the Minor Subdivision
Waiver decision may be considered by the Commission.
ii.
Appeal Decision.
If further appeal is made, the City
Council shall then act on such an appeal. (See subsection 8.01.J Minor
Subdivision Waiver Appeal (below))
|
Table 10: Minor Subdivision Waiver
| ||
|---|---|---|
|
Section
|
Standard
|
City Manager
|
|
7.05.M
|
Dead-End Alleys
|
Approve
|
|
7.09.D
|
Right Angles for Side Lot Lines
|
Approve
|
|
7.04.D
|
Traffic Impact Analysis
|
Approve
|
|
7.12.B.2
|
Water Lines Extended to Subdivision Borders
|
Approve
|
|
7.13.B.2
|
Wastewater Lines Extended to Subdivision Borders
|
Approve
|
D.
Subdivision
Waiver Applicability.
1.
Waiver
of Standard or Requirement.
a.
An Applicant
may request a Subdivision Waiver of a particular standard or requirement
applicable to a Vesting Plat, to Construction Plans, or where no Vesting
Plat Application has been submitted for approval, to a Filing Plat
or a Replat.
b.
A Subdivision
Waiver petition shall be specific in nature, and shall only involve
relief consideration for one particular standard or requirement.
c.
An Applicant
may, if desired, submit more than one Subdivision Waiver petition
if there are several standards or requirements at issue.
d.
For
processing a Subdivision Waiver in relationship with a Plat Application,
an Applicant shall submit a Waiver of Right to 30-Day Action in accordance
with section 4.04.D Waiver of Right to 30-Day Action.
E.
Subdivision
Waiver Submission Procedures.
1.
Written
Waiver Request with Application.
2.
Grounds
for Waiver.
a.
The
Applicant’s request shall state the grounds for the Subdivision
Waiver request and all of the facts relied upon by the Applicant.
b.
Failure
to do so, will result in denial of the Application unless the Applicant
submits a Waiver of Right to 30-Day Action in accordance with section
4.04.D Waiver of Right to 30-Day Action.
F.
Subdivision
Waiver Criteria.
1.
Undue
Hardship Present.
A Subdivision Waiver to regulations
within this Subdivision Ordinance may be approved only when, in the
Decision Maker’s opinion, undue hardship will result from strict
compliance to the regulations.
2.
Consideration
Factors.
The Decision Maker shall take into account the
following factors:
a.
The
nature of the proposed land use involved and existing uses of the
land in the vicinity;
b.
The
number of persons who will reside or work in the proposed development;
and
c.
The
effect such Subdivision Waiver might have upon traffic conditions
and upon the public health, safety, convenience and welfare in the
vicinity.
3.
Findings.
No Subdivision Waiver shall be granted unless the Decision Maker
finds:
a.
That
there are special circumstances or conditions affecting the land involved
or other constraints such that the strict application of the provisions
of this Subdivision Ordinance would deprive the Applicant of the reasonable
use of his or her land; and
b.
That
the Subdivision Waiver is necessary for the preservation and enjoyment
of a substantial property right of the Applicant, and that the granting
of the Subdivision Waiver will not be detrimental to the public health,
safety or welfare or injurious to other property in the area; and
c.
That
the granting of the Subdivision Waiver will not have the effect of
preventing the orderly subdivision of other lands in the area in accordance
with the provisions of this Subdivision Ordinance.
4.
Intent
of Subdivision Regulations.
a.
A Subdivision
Waiver may be granted only when in harmony with the general purpose
and intent of the Subdivision Regulations so that the public health,
safety and welfare may be secured and substantial justice done.
b.
Financial
hardship to the Applicant shall not be deemed to constitute undue
hardship.
5.
Minimum
Degree of Variation.
No Subdivision Waiver shall be granted
unless it represents the minimum degree of variation of requirements
necessary to meet the needs of the Applicant.
6.
Violations
and Conflicts.
The Decision Maker shall not authorize
a Subdivision Waiver that would constitute a violation of, or conflict
with, any other valid ordinance, code, regulation, master plan or
Comprehensive Plan of the City.
7.
Falsification
of Information.
a.
Any
falsification of information by the Applicant shall be cause for the
Subdivision Waiver request to be denied.
b.
If the
Subdivision Waiver request is approved based upon false information,
whether intentional or not, discovery of such false information shall
nullify prior approval of the Subdivision Waiver, and shall be grounds
for reconsideration of the Subdivision Waiver request.
G.
Burden
of Proof.
The Applicant bears the burden of proof to
demonstrate that the requirement for which a Subdivision Waiver is
requested, if uniformly applied, imposes an undue hardship or disproportionate
burden on the Applicant. The Applicant shall submit the burden of
proof with the original submittal.
H.
Subdivision
Waiver Decision.
1.
The Decision
Maker shall consider the Subdivision Waiver petition and, based upon
the criteria set forth in subsection 8.01.F Subdivision Waiver Criteria
(above), shall take one of the following actions:
2.
Decision
Process for a Minor Subdivision Waiver.
The Decision
Maker shall deny of [or] grant a request for a Minor Subdivision Waiver
concurrently with the decision of a Vesting Plat, Construction Plans,
Filing Plat or Replat, as applicable.
3.
Decision
Process for a Major Subdivision Waiver.
a.
Recommendation
of the Planning and Zoning Commission.
i.
The
Commission shall consider the Major Subdivision Waiver request at
a public meeting no later than thirty (30) calendar days after the
date on which the notice of Major Subdivision Waiver is submitted
to the City Manager.
ii.
The Commission shall recommend to the City Council to approve or
deny a request for a Major Subdivision Waiver by majority vote.
b.
Decision
by City Council.
i.
After
the recommendation from the Commission has been made, the City Council
shall consider the Major Subdivision Waiver request at a public meeting
no later than thirty (30) calendar days after the date on which the
Commission’s recommendation was made.
ii.
The City Council [shall] approve or deny a request for a Major Subdivision
Waiver by a vote of all members.
iii.
The decision of the City Council is final.
I.
Notification
of Decision on Petition - 14 Days.
The Applicant shall
be notified of the decision on the Subdivision Waiver by the applicable
Decision Maker (e.g., the City Manager, Commission or City Council,
as applicable), within fourteen (14) calendar days following the decision.
J.
Minor Subdivision
Waiver Appeal.
2.
Recommendation
of the Planning and Zoning Commission.
a.
The
Commission shall consider the appeal at a public meeting no later
than thirty (30) calendar days after the date on which the notice
of appeal is submitted to the City Manager.
b.
At this
meeting, new information may be presented and considered, if available,
that might alter the previous decision to deny the Minor Subdivision
Waiver.
c.
The
Commission shall recommend to the City Council to affirm, modify or
reverse the previous decision by simple majority vote.
3.
Appeal
to City Council.
a.
The
Applicant may appeal the Commission’s decision by submitting
a written notice of appeal to the City Manager within thirty (30)
calendar days following the Commission’s decision.
b.
After
the recommendation from the Commission has been made, the City Council
shall consider the appeal at a public meeting no later than thirty
(30) calendar days after the date on which the Commission’s
recommendation was made.
c.
The
City Council may affirm, modify or reverse the decision by simple
majority vote.
d.
The
decision of the City Council is final.
K.
Effect
of Approval.
1.
Submission
and Processing.
Following the granting of a Subdivision
Waiver, the Applicant may submit or continue the processing of a Plat
or Construction Plans, as applicable.
2.
Expirations.
The Subdivision Waiver granted shall remain in effect for the
period the Plat or Construction Plans are in effect, and shall expire
upon expiration of either or both of those Applications.
3.
Extensions.
Extension of those Applications shall also result in extension
of the Subdivision Waiver.
(Ordinance 2013-32 adopted 12/3/13)
A.
Purpose
and Applicability.
1.
Purpose.
The purpose of a petition for relief from a dedication, construction
requirement, or a requirement to pay a fee, other than an impact fee
authorized by Chapter 395 of the Texas Local Government Code is to
ensure that the imposition of uniform dedication, construction, and
fee standards to a proposed development does not result in a disproportionate
burden on the property owner, taking into consideration the nature
and extent of the demands created by the proposed development on the
City’s roadways and public facilities systems.
2.
Applicability.
a.
An Applicant
may file a petition for relief under this section 8.02 Subdivision
Proportionality Appeal to contest any requirement to dedicate land
or to construct Public Improvements as required by this Subdivision
Ordinance, other ordinance, or attached as a condition to approval
of the Application.
b.
A petition
under this section 8.02 Subdivision Proportionality Appeal shall not
be used to waive standards on grounds applicable to any Subdivision
Waiver Application, as outlined in section 8.01 Petition for Subdivision
Waiver.
B.
Petition
Requirements.
1.
Form
of Petition.
The petition for relief from a dedication,
construction, or fee requirement shall allege that Application of
the standard relating to the requirement is not roughly proportional
to the nature and extent of the impacts created by the proposed development
on the City’s water, wastewater, storm drainage, parks or roadway
system or does not reasonably benefit the proposed development.
2.
Study
Required.
The Applicant shall provide a study in support
of the petition for relief that includes the following information:
a.
Capacity
Utilized.
i.
Total
capacity of the City’s water, wastewater, storm drainage, parks
or roadway system to be utilized by the proposed development, employing
standard measures of capacity and equivalency tables relating the
type of development proposed to the quantity of system capacity to
be consumed by the development.
ii.
If the proposed development is to be developed in phases, such information
also shall be provided for the entire development proposed, including
any phases already developed.
b.
Capacity
Supplied.
i.
Total
capacity to be supplied to the City’s water, wastewater, storm
drainage, parks or roadway system by the proposed dedication of an
interest in land or construction of Public Improvements.
ii.
If the Application is part of a phased development, the information
shall include any capacity supplied by prior dedications or construction
of Public Improvements.
c.
Capacity
Comparison.
i.
Comparison
of the capacity of the City’s public facilities system(s) to
be consumed by the proposed development with the capacity to be supplied
to such system(s) by the proposed dedication of an interest in land,
construction of Public Improvements, or payment of a fee.
ii.
In making this comparison, the impacts on the City’s public
facilities system(s) from the entire development shall be considered.
d.
Oversizing.
The effect of any City participation in the costs of oversizing
the Public Improvement to be constructed in accordance with the City’s
requirements.
e.
Other
Information.
Any other information that shows the alleged
disproportionality between the impacts created by the proposed development
and the dedication or construction requirement imposed by the City.
3.
Time
for Filing Petition and Study.
a.
A petition
for relief from a dedication, construction, or fee requirement shall
be filed with the City Manager within fourteen (14) calendar days
following the City Council’s decision to conditionally approve
or deny an Application.
b.
The
study in support of the petition shall be filed within sixty (60)
calendar days following the initial decision, unless the Applicant
(petitioner for relief) seeks an extension in writing.
c.
The
City Manager may extend the time for submitting the study for a period
not to exceed an additional thirty (30) calendar days for good cause
shown.
4.
Land
in Extraterritorial Jurisdiction (ETJ).
Where land or
facilities to be dedicated are located in the ETJ of the City and
are to be dedicated to the County, a petition for relief or study
in support of the petition shall be accepted as complete for review
by the City Manager only when such petition or study is accompanied
by verification that a copy has been delivered to and accepted by
the County, as applicable.
C.
Processing
of Subdivision Proportionality Appeal Petitions and Decision.
1.
Responsible
Official.
The City Manager shall be the Responsible Official
for a petition for relief from a dedication or construction requirement.
2.
Review
and Recommendation.
b.
In response
to a petition for relief from a dedication or construction requirement
pursuant to [this] section 8.02 Subdivision Proportionality Appeal
and to achieve proportionality between the demands created by a proposed
development on public facilities and the obligation to provide adequate
public facilities, the City may participate in the costs of Public
Improvements, credit or offset the obligations against payment of
impact fees, or relieve the property owner any of the obligations.
3.
Decision
Maker.
The City Council shall decide the Subdivision
Proportionality Appeal petition, after receiving a recommendation
from the Planning and Zoning Commission.
4.
Public
Hearing Held within 60 Days after Receipt of Study.
The
City Council shall conduct a public hearing within sixty (60) calendar
days after the study supporting the petition (refer to subsection
8.02.B (above)) is filed with the City Manager.
5.
Burden
of Proof.
The Applicant bears the burden of proof to
demonstrate that the Application of a dedication or construction requirement
that is uniformly applied imposes a disproportionate burden on the
Applicant.
6.
Decision.
The City Council shall consider the petition for relief from
a dedication or construction requirement based upon the following
criteria:
a.
The
City Council shall determine whether the Application of the standard
or condition is roughly proportional to the nature and extent of the
impacts created by the proposed development on the City’s water,
wastewater, storm drainage, parks or roadway system, and whether the
Application of the standard or condition reasonably benefits the development.
b.
In making
such determination, the City Council shall consider the evidence submitted
by the Applicant, the report and recommendation of the City Manager
and, where the property is located within the City’s ETJ, any
recommendations from the County, as applicable.
7.
Action.
Based on the criteria in subsection 8.02.C.6 (above), the City
Council shall take one of the following actions:
a.
Deny
the petition for relief, and impose the dedication or construction
requirement as required by this Ordinance; or
b.
Grant
the petition for relief, and waive any dedication or construction
requirement to the extent necessary to achieve proportionality; or
c.
Grant
the petition for relief, and direct that the City participate in the
costs of acquiring land for or constructing the Public Improvement
under standard participation policies.
8.
Notification
of Decision on Petition.
The City Manager shall notify
the Applicant of the decision on the petition for relief within fourteen
(14) calendar days following the City Council’s decision.
D.
Expiration
or Failure to File Application.
Where an Application
was denied based upon the imposition of the standard requiring dedication
of land or construction of a required Public Improvement and the City
Council’s decision is to grant some level of relief, the Applicant
shall resubmit the Application within sixty (60) calendar days following
the date the petition for relief is granted, in whole or in part,
showing conformity with the City Council’s decision on the petition.
1.
If the
Application is not resubmitted within the sixty (60) day period, the
relief granted by the City Council on the petition shall expire.
2.
If the
resubmittal of the Application is modified in any other way, a new
petition for relief may be required by the City Manager.
3.
If the
Application for which relief was granted is denied on other grounds,
a new petition for relief may be required by the City Manager.
E.
Effect
of Relief.
1.
The City
Manager may require the Applicant to submit a modified Application
or supporting materials consistent with the relief granted by the
City Council on the petition.
2.
The relief
granted on the petition shall remain in effect for the period the
Application is in effect, and shall expire upon expiration of the
plat or related Application.
(Ordinance 2013-32 adopted 12/3/13)
A.
Purpose.
In accordance with the Texas Local Government Code, Chapter
245 or successor statute, the purpose of a Subdivision Vested Rights
Petition is to determine whether an Application should be processed
under the terms of a previous ordinance, to provide a process for
determination of possible vested status, and to determine when certain
permits are subject to expiration.
B.
Applicability
of a Subdivision Vested Rights Petition.
1.
Any Application.
A Subdivision Vested Rights Petition may be submitted for any
Application authorized by this Subdivision Ordinance.
2.
Prohibit
Joint Submission.
A Subdivision Vested Rights Petition
cannot be submitted by an Applicant along with submission of a request
for a text amendment to this Subdivision Ordinance, a Zoning Map amendment,
or any other request for a legislative decision by the City Council.
C.
Petition
Submission.
1.
Filing.
A Subdivision Vested Rights Petition shall be submitted to the
City’s Responsible Official and shall be in accordance with
the Texas Local Government Code, Chapter 245 or successor statute.
2.
Automatic
Waiver.
Submission of a Subdivision Vested Rights Petition
shall require a Waiver of Right to 30-Day Action (See Section 4.04.D).
3.
Stay
of Further Proceedings.
Submission of a Subdivision Vested
Rights Petition shall stay further proceedings on the related Application
until a final decision is reached on the Subdivision Vested Rights
Petition.
D.
Time for
Filing a Petition and Application.
1.
A Subdivision
Vested Rights Petition shall be filed jointly with an Application
for which a vested right is claimed.
2.
A Subdivision
Vested Rights Petition may be filed without a joint Application if
the petition is filed pursuant to subsection 8.03.K Dormant Projects
(below).
3.
Where
more than one Application is authorized to be filed simultaneously
by this Subdivision Ordinance, the petition may be filed simultaneously
for each Application.
E.
Petition
Requirements.
The Subdivision Vested Rights Petition
shall allege in writing that the Applicant has a vested right for
some or all of the land subject to the Application under Texas Local
Government Code, Chapter 245 or successor statute, or pursuant to
Texas Local Government Code, Section 43.002 or successor statute or
other applicable law, that requires the City to review and decide
the Application under standards that were in effect prior to the effective
date of the currently applicable standards. The petition shall include
the following information and documents:
1.
The name,
mailing address, phone number and fax number of the property owner
(or the property owner’s duly authorized agent).
2.
Identification
of the property for which the person claims a vested right.
3.
Identification
of the project, as that term is defined in Local Government Code Section
245.001(3), and the permit application, permit, or plan for development
giving rise to the project.
4.
A narrative
description of the grounds for the petition, including a statement
as to whether the petition asserts a vested right related to a specific
standard or to an entire project;
5.
A copy
of each approved or pending Application which is the basis for the
contention that the City may not apply current standards to the Application
which is the subject of the petition;
6.
The Official
Vesting Date of the Application;
7.
The date
the subdivision for which the Application was submitted was commenced;
8.
Identification
of all standards otherwise applicable to the Application from which
relief is sought;
9.
Identification
of any current standards which Applicant agrees can be applied to
the Application at issue;
10.
A narrative
description of how the Application of current standards affect proposed
landscaping, Usable Open Space or park dedication, shown on the Application
for which the petition is filed;
11.
A copy
of any prior vested rights determination involving the same land;
and
12.
Whenever
the Applicant alleges that an Application subject to expiration should
not be terminated, a description of the events constituting Progress
Towards Completion of the subdivision for which the application was
approved.
F.
Decision
of a Subdivision Vested Rights Petition.
1.
Reviewing
a Subdivision Vested Rights Petition.
a.
The
Responsible Official for a Subdivision Vested Rights Petition is the
same as that for reviewing the Application with which the petition
is associated.
b.
Where
multiple Applications are submitted, and there is more than one Responsible
Official, the decision of each Responsible Official shall be coordinated
with that of any other Responsible Official on the Subdivision Vested
Rights Petition.
c.
The
City Attorney shall also be notified of the Subdivision Vested Rights
Petition following its filing and acceptance for processing.
d.
The
Applicant shall reimburse the City for all related legal costs for
review of a Subdivision Vested Rights Petition. This reimbursement
shall be paid in full prior to filing of the Filing Plat.
2.
Decision
by the Responsible Official on a Subdivision Vested Rights Petition.
a.
If the
Responsible Official is the Decision Maker on the original related
Application, that official shall determine whether the relief requested
in the Subdivision Vested Rights Petition should be granted in whole
or in part, and shall formulate a written report summarizing the Decision
Maker’s reasoning and recommendation.
b.
The
Applicant shall be notified of the decision within fourteen (14) calendar
days following the date the Subdivision Vested Rights Petition was
filed at the City.
c.
The
Responsible Official may defer making a decision on the Subdivision
Vested Rights Petition and instead forward the petition to the Commission
for a decision, in accordance with the process outlined in subsection
8.03.F.3.
3.
Decision
by Commission on a Subdivision Vested Rights Petition.
a.
If the
original related Application is to be decided by the Commission, or
if the Responsible Official defers making a decision on a Subdivision
Vested Rights Petition pursuant to subsection 8.03.F.2.c, the Responsible
Official for that type of Application shall submit a report in the
form of a recommendation on the petition to the Commission.
b.
The
Commission shall render a decision on the petition within thirty (30)
calendar days following the date the petition was filed at the City
or deferred by the Responsible Official.
c.
The
Commission’s decision on a petition shall be upon a simple majority
vote of the full Commission’s voting members.
4.
Decision
by City Council on a Subdivision Vested Rights Petition.
a.
Where
the City Council is the final Decision Maker on the related Application,
or for any petition submitted pursuant to subsection K. Dormant Projects,
the Responsible Official for that type of Application shall submit
a report in the form of a recommendation on the petition to the City
Council.
b.
The
City Council shall render a decision on the petition within thirty
(30) calendar days following the date the petition was filed at the
City.
c.
The
City Council’s decision on a petition shall be upon a simple
majority vote of the full City Council’s voting members, and
shall be final.
5.
Appeal
to the Council of a Decision on Subdivision Vested Rights Petition.
a.
For
an Applicant-Initiated Appeal.
The Applicant may appeal
the Responsible Official’s or Commission’s decision on
the Subdivision Vested Rights Petition to the City Council by submitting
written notice of appeal to the applicable Responsible Official within
fourteen (14) calendar days following the date of such decision.
i.
A
letter stating the reasons for the appeal, citing the specific applicable
section(s) of the Subdivision Ordinance, shall be submitted by the
Applicant.
b.
For
a City Council-Initiated Appeal.
No less than four (4)
voting members of the City Council may appeal the Responsible Official’s
or Commission’s decision on the Subdivision Vested Rights Petition
to the entire City Council by submitting written notice of appeal
to the applicable Responsible Official within fourteen (14) calendar
days following the date of such decision.
i.
The
Council shall consider and act on whether it will appeal the decision
at its first regular meeting (for which there is time to include such
appeal on its posted agenda, as required by State law) that occurs
after the date at which the decision was made.
ii.
Written notice of the City Council’s vote to appeal shall be
submitted to the City Manager within seven (7) calendar days following
the City Council’s vote to appeal the decision.
c.
The
City Council shall hear and decide the appeal within thirty (30) calendar
days following receipt of the notice of appeal by the City.
d.
Approval
of an appeal by the City Council shall only be upon a favorable vote
of at least four (4) of the City Council’s voting members, and
shall be final.
G.
Criteria
for Subdivision Vested Rights Petition Approval.
1.
Factors.
The Decision Maker shall decide the Subdivision Vested Rights
Petition based upon the following factors:
a.
The
nature and extent of prior Applications filed for the land subject
to the petition;
b.
Whether
any prior vested rights determinations have been made with respect
to the property subject to the petition;
c.
Whether
any prior approved Applications for the property have expired or have
been terminated in accordance with State law or local ordinances;
d.
Whether
current standards adopted after commencement of the project affect
proposed use of the land, landscaping or tree preservation, open space
or park dedication, lot size, lot dimensions, lot coverage or building
size based upon the proposed Application;
e.
Whether
any statutory exception applies to the standards in the current Subdivision
Regulations from which the Applicant seeks relief;
f.
Whether
any prior approved Applications relied upon by the Applicant have
expired; and
g.
Any
other applicable provisions outlined in Chapter 245 or Section 43.002
of the Texas Local Government Code, or successor statutes.
2.
Conditions
for a Pending Application.
If the claim of vested rights
is based upon a pending Application, subject to standards that have
been superseded by current standards of this Subdivision Ordinance,
the Decision Maker may condition any relief granted on the Subdivision
Vested Rights Petition on the approval of the pending Application.
H.
Action
and Record of Action on the Subdivision Vested Rights Petition.
1.
Action.
The Decision Maker may take any of the following actions:
a.
Deny
the relief requested in the petition, and direct that the Application
shall be reviewed and decided under currently applicable standards;
or
b.
Grant
the relief requested in the petition, and direct that the related
Application 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 be applied to the related Application, while standards contained
in identified prior regulations also shall be applied.
2.
Record.
The Responsible Official’s report and the decision on
the Subdivision Vested Rights Petition shall be recorded in writing
in an order identifying the following:
a.
The
nature of the relief granted, if any;
b.
The
related Application(s) upon which relief is premised under the petition;
c.
Current
standards that shall apply to the related Application for which relief
is sought, if applicable;
d.
Prior
standards that shall apply to the related Application for which relief
is sought, including any procedural standards, if applicable;
e.
The
statutory exception or other grounds upon which relief is denied in
whole or in part on the petition; and
f.
To the
extent feasible, subsequent related Applications that are subject
to the same relief granted on the petition.
I.
Effect
of the Final Petition Decision on Related Applications.
1.
Petition
Decision Required Before Proceeding with Application.
A final decision on the Subdivision Vested Rights Petition must be
achieved prior to further processing, and prior to any consideration
of, or decision on, the related Application.
2.
Revision
Made (if necessary) to Related Application After Petition Decision.
Following the City’s final decision on a petition, the
Applicant shall, if necessary, revise the related Application such
that it conforms to the City’s decision on the petition.
3.
Related
Applications with Revisions.
After submission of a revised
related Application, the Decision Maker on the related Application
shall review and consider the revised Application in accordance with
the procedures for deciding that type of Application, as outlined
in this Subdivision Ordinance, and in conformity with any relief granted.
4.
Related
Applications without Revisions.
If the relief granted
on the petition is consistent with the related Application on file,
no revisions shall be necessary, and the related Application shall
be deemed submitted at the time of the final decision on the petition.
J.
Expiration
and Extension of a Subdivision Vested Rights Petition.
1.
Expiration.
Relief granted on a Subdivision Vested Rights Petition shall
expire on occurrence of one of the following events:
a.
The
Applicant fails to submit a revised Application that is consistent
with the relief granted, if any, within sixty (60) calendar days following
the final decision on the petition;
b.
The
Application for which relief was granted on the petition is denied;
or
c.
The
Application for which relief was granted on the petition expires.
2.
Extension.
Extension of the date of expiration for the Application for
which relief was granted on a petition shall result in extension of
the relief granted on the petition for the same time period.
K.
Dormant
Projects.
1.
Definitions.
For purposes of this subsection 8.03.K only:
b.
Initial
Permit.
Initial permit means any of the following types
of approvals granted under these Subdivision Regulations, or any predecessor
subdivision or development-related regulation or ordinance that was
in effect prior to the adoption of this Subdivision Ordinance:
i.
Vesting
Plat,
ii.
Construction Plans,
iii.
Construction Release,
iv.
Subdivision Waivers to any requirement in these Subdivision Regulations
(per section 8.01 Petition for Subdivision Waiver), or
v.
Any
other Application that was approved subject to a schematic drawing
illustrating the location, arrangement, orientation or design of development,
lots or improvements on a site intended for development.
c.
Final
Permit.
Final permit means a Filing Plat approved under
these Subdivision Regulations, or any predecessor subdivision or development-related
regulation or ordinance that was in effect prior to the adoption of
this Subdivision Ordinance.
2.
Expiration
Date Established for an Initial Permit.
Any Application
for an Initial Permit that was approved or filed two (2) years prior
to the adoption date of this Subdivision Ordinance, and was not subject
to an expiration date shall expire on the effective date of this Subdivision
Ordinance.
3.
Reinstatement
of an Expired Initial Permit.
a.
The
property owner of the land subject to an Initial Permit that expires
under subsection 8.03.K.2 (above) may petition the City Council to
reinstate such Initial Permit by filing a written petition within
one (1) year following the effective date of this Subdivision Ordinance.
b.
The
petition shall clearly state the grounds for reinstatement, and shall
be accompanied by documentation the following:
i.
As
of two (2) years prior to the effective date of this Subdivision Ordinance,
one of the following events had occurred:
(a)
A Final Permit to continue toward completion of the project was submitted
to the City for all or part of the land subject to the approved Initial
Permit and was approved by the City, or was filed and was subsequently
approved by the City;
(b)
An Application for a Final Permit to continue toward completion of
the project was submitted to the City for all or part of the land
subject to the expired Initial Permit, but such Application was rejected
on grounds of incompleteness (consistent with Texas Local Government
Code, Chapter 245.005(c)(2));
(c)
Costs for development of the land subject to the Initial Permit,
including costs associated with roadway, utility and other infrastructure
facilities designed to serve the land in whole or in part, but exclusive
of land acquisition costs, were incurred in the aggregate amount of
five percent (5%) of the most recent appraised market value of the
land;
(d)
Fiscal security was posted with the City to guarantee performance
of obligations required under these Subdivision Regulations, including
the construction of required improvements associated with the proposed
development, for all or a part of the land subject to the approved
Initial Permit; or
(e)
Utility connection fees for all or part of the land subject to the
approved Initial Permit were paid to the City.
4.
City
Council Action on Reinstatement of a Dormant Project’s Expired
Initial Permit.
The City Council may take one of the
following actions:
a.
Reinstate
the expired Initial Permit without an expiration date, if it finds
that the Applicant has met any one of the criteria listed in subsection
8.03.K.3.b.i.
b.
Reinstate
the Initial Permit for all or part of the land subject thereto, if
it finds that the Applicant has met any one of the criteria listed
in subsection 8.03.K.3.b.i, subject to expiration dates or other conditions
that ensure that the remaining land that is not subject to an approved
or pending Final Permit Application will be developed in a timely
fashion.
i.
In
granting relief under this provision, the City Council may require
that development of such remaining land is subject to standards enacted
after approval of the Initial Permit.
c.
Deny
the reinstatement petition, if it finds that the Applicant has failed
to meet any of the criteria in subsection 8.03.K.3 Reinstatement of
an Expired Initial Permit); or
d.
Reinstate
the permit for only that part of the land subject to a pending Final
Permit Application, if it finds that the Applicant has met the criteria
in subsection 8.03.K.3.b.i and the pending Application subsequently
was approved, and deny the reinstatement petition for the remaining
land subject to the expired Initial Permit.
(Ordinance 2013-32 adopted 12/3/13)
