(a) The provisions
of this article shall apply only to the application of a law, regulation,
rule or ordinance to a project which law, regulation, rule or ordinance
becomes effective after the initial or first submittal of an application
for a permit. Permits relating to the development or improvement of
land or any part of land shall be subject to the requirements of Chapter
245 of the Texas Local Government Code, as amended. A permit means
a license, certificate, approval, registration, consent, permit, or
other form of authorization required by law, rule, regulation, order,
or ordinance that a person must obtain to perform an action or initiate,
continue, or complete a project for which the permit is sought. In
determining the applicability of regulatory changes that are effective
after a permit application is filed, an application shall be construed
to be filed when an original application or plan for development or
plat application is filed that gives the town fair notice of the project
and the nature of the permit sought.
(b) Permits
shall be subject to the following requirements:
(1) A
permit application is deemed to be filed on the day that the application
is received by the town. If a permit application is made by certified
mail, the application shall be deemed to be filed on the day the application
is deposited with the United States Postal Service. A certified mail
receipt obtained by the applicant at the time of deposit shall be
prima facie evidence of the date of deposit.
(2) A
permit application that: (A) does not meet all criteria for approval;
(B) is not accompanied by all required documentation, plans, drawings,
studies, reports or other information; or (C) does not meet the town’s
technical requirements to the form and content of the permit application,
shall expire on the 45th day after the date that the application is
filed.
(3) The
town shall review and provide written comments within 10 business
days following the initial or first time submittal of any permit application
that applies to any project or any land upon which any development
or improvement of any form is proposed. The town shall, within ten
(10) business days following the initial or first time submittal of
any permit application, review the application and, if the application
is deficient, shall send the applicant written notice that: (A) identifies
the necessary documents or other information; and (B) the date the
application will expire if the documents or other information is not
provided.
(4) If
the applicant fails to provide the specified documents or other information
within the time provided in the notice, the permit application shall
expire and be void on the 45th day after its initial or first time
submittal.
(5) If
an application for a permit that involves the same project or related
project is filed following the filing of the first application, the
45-day period shall commence on the date of the first application.
(c) If, after
approval of an individual permit, no progress has been made towards
completion of the project within two years of the approval of the
permit, the permit shall expire and become null and void. A project
shall expire if, on the fifth anniversary of the date the first permit
application was filed, no progress has been made towards completion
of the project. Following the expiration of a permit or a project,
any new permit application shall be a new submittal, subject to any
and all intervening changes in law, regulations, rules, and ordinances,
and subject to the assessment of new fees.
(d) This
section shall not apply to:
(1) A
permit that is at least two years old, is issued for the construction
of a building or structure intended for human occupancy or habitation,
and is issued in accordance with the building, fire, electrical, plumbing,
and mechanical codes as adopted and amended by the town solely to
address imminent threats of destruction of property or injury to persons;
(2) Zoning
regulations that do not affect landscaping or tree preservation, open
space or park dedication, property classification, lot size, lot dimensions,
lot coverage, or building size or that do not change development permitted
by a restrictive covenant required by the town;
(3) Regulations
for sexually oriented businesses;
(4) Fees
imposed in conjunction with development permits;
(5) Regulations
for annexation, that do not affect landscaping or tree preservation
or open space or park dedication;
(6) Regulations
for utility connections;
(7) Regulations
to prevent imminent destruction of property or injury to persons from
flooding that are effective only within FEMA-designated flood plains
and enacted to prevent the flooding of buildings intended for public
occupancy;
(8) Construction
standards for public works located on public lands or easements; or
(9) Regulations
to prevent the imminent destruction of property or injury to persons
if the regulations do not: affect landscaping or tree preservation,
open space or park dedication, lot size, lot dimensions, lot coverage,
building size, residential or commercial density, or the timing of
a project.
(Ordinance 06-04 adopted 1/23/06)