A.
Purpose. In accordance with TLGC Chapter 245 or successor statute,
the purpose of a 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 vested rights petition.
1.
Any application. A Vested Rights Petition may be submitted for
any application authorized under this UDC.
2.
Prohibit joint submission. A Vested Rights Petition cannot be
submitted by the Applicant along with submission of a request for
a text amendment to this UDC, a Zoning Map amendment, or any other
request for a legislative decision by the City Council (see subsection
3.1.8, Amendment to Zoning Map or Text).
3.
Land and use upon annexation. Vested rights in land use upon
annexation shall be governed by TLGC Section 43.002, as amended.
C.
Petition submission.
2.
Effect on 30-day timeline for approval. The City will not issue
a Certificate of Completeness for any application considered under
this UDC affected by a Vested Rights Petition for the subject property
until the Vested Rights Petition is decided. If the need for a petition
is decided and submitted following the issuance of a Certificate of
Completeness, and no Waiver of Right to 30-Day Action has been submitted
to the City in accordance with subsection 1.4.2.E.2, the application
automatically is forwarded to the Planning & Zoning Commission
with a recommendation for denial.
D.
Time for filing a petition and application.
1.
A Vested Rights Petition must be submitted jointly with or prior
to an application for which a vested right is claimed.
2.
A Vested Rights Petition may be filed without a joint application
if the petition is filed pursuant to Section 1.5.2.
3.
Where more than one application is authorized to be filed simultaneously
by this UDC, the petition may be filed simultaneously for each application.
E.
Petition requirements. The Vested Rights Petition must allege in
writing that the Applicant has a vested right for some or all of the
land subject to the application under TLGC Chapter 245 or successor
statute, or pursuant to TLGC 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 or prior to annexation
of the property by the City.
1.
The petition must include the following information and documents:
(i)
The name, mailing address, phone number and email of the Applicant.
(ii)
Legal Description of the property for which the
person claims a vested right.
(iii)
Identification of the project, as that term is
defined in TLGC Section 245.001(3), and the permit application, permit,
or plan for development giving rise to the project.
(iv)
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;
(v)
A copy of each approved or pending application that is the basis
for the contention that the City may not apply current standards to
the application that is the subject of the petition;
(vi)
The Official Vesting Date of the application;
(vii)
The date the subdivision for which the application
was submitted was commenced;
(viii)
Identification of all standards from which relief
is sought;
(ix)
Identification of any current standards that the
Applicant asserts can be applied to the application at issue;
(x)
A narrative description of how the application of current standards
affect proposed landscaping or park dedication, shown on the application
for which the petition is filed;
(xi)
A copy of any prior vested rights determination
involving the same land; and
(xii)
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 Project for
which the application was approved.
F.
Decision on a vested rights petition.
1.
Review of vested rights petition.
(i)
The Responsible Official for a Vested Rights Petition is the
same as that for reviewing the application with which the petition
is associated.
(ii)
Where multiple applications are submitted, and
there is more than one Responsible Official, the decision of each
Responsible Official will be coordinated with that of any other Responsible
Official on the Vested Rights Petition.
(iii)
The City Attorney will also be notified of the
Vested Rights Petition following its filing and acceptance for processing.
(iv)
The Applicant must reimburse the City for all
related legal costs for review of a Vested Rights Petition. This reimbursement
must be paid in full prior to consideration of approval of the application
for which the Vested Rights Petition was filed.
2.
Decision by the responsible official on a subdivision vested
rights petition.
(i)
The Responsible Official will decide the petition according
to the criteria listed in subsection 1.5.1.G, whether the relief requested
in the Vested Rights Petition should be granted in whole or in part,
and shall formulate a written report summarizing the decision along
with reasons for approval or denial of the petition.
(ii)
The applicant shall be notified within forty-five
(45) business days following the date the Vested Rights Petition was
filed at the City of the Responsible Official's determination or decision
to defer the application to the Planning and Zoning Commission.
(iii)
In the event the Responsible Official opts to
defer the decision on the Vested Rights Petition to the Planning and
Zoning Commission, the Petition will be placed on the agenda of the
next regularly scheduled Commission meeting.
3.
Decision by the Commission on a vested rights petition.
(i)
If the Responsible Official defers the decision on a Vested
Rights Petition, the Responsible Official will submit a report in
the form of a recommendation on the petition to the Commission.
(ii)
The Commission shall decide according to the criteria
listed in subsection 1.5.1.G and vote to approve in whole or in part
or to deny the petition by a simple majority vote of the full Commission's
voting members.
4.
Appeal to the Council of a decision on vested rights petition.
(i)
For an applicant-initiated appeal.
(1)
The Applicant may appeal the decision of the Responsible
Official or the Commission, if the decision on the Vested Rights Petition
was deferred by the Responsible Official, to the City Council by submitting
written notice of appeal to the Responsible Official within ten (10)
business days following the date of such decision.
(2)
If Council does not make a decision upon the appeal
within sixty (60) calendar days, the appeal is considered denied and
the decision of the Responsible Official or Commission upheld.
(3)
A letter stating the reasons for the appeal, citing
the specific applicable section(s) of the UDC, must be submitted by
the applicant.
(ii)
For a City Council-initiated appeal.
(1)
No fewer than four (4) voting members of the City
Council may appeal the Responsible Official's or Commission's decision
on the Vested Rights Petition to the entire City Council by submitting
written notice of appeal to the Responsible Official within ten (10)
business days following the date of such decision.
(2)
The Council will 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.
(3)
Written notice of the City Council's vote to appeal
shall be submitted to the Responsible Official within seven (7) calendar
days following the City Council's vote to appeal the decision.
(4)
The City Council will hear and decide the appeal
within sixty (60) calendar days following receipt of the notice of
appeal by the City.
(iii)
The Council will decide according to the criteria
listed in subsection 1.5.1.G and vote to approve in whole or in part
or to deny the petition by a simple majority vote of the full Council.
(iv)
The Council's decision shall be final.
G.
Criteria for vested rights petition approval.
1.
Factors. The Responsible Official, Commission, or Council ("The
Decision-Maker") will decide the Vested Rights Petition based upon
the following factors:
(i)
The nature and extent of prior applications filed for the land
subject to the petition;
(ii)
Whether any prior vested rights determinations
have been made with respect to the property subject to the petition;
(iii)
Whether any prior approved applications for the
property have expired or have been terminated in accordance with State
law or local ordinances;
(iv)
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;
(v)
Whether any statutory exception applies to the standards in
the UDC from which the Applicant seeks relief; and
(vi)
Any other applicable provisions outlined in TLGC
Chapter 245 or TLGC Section 43.002, 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 UDC, the Decision-Maker
may condition any relief granted on the Vested Rights Petition on
the approval of the pending application.
H.
Action and record of action on the vested rights petition.
1.
Action. The Decision-Maker may take any of the following actions:
(i)
Deny the relief requested in the petition, and direct that the
application be reviewed and decided under currently applicable standards;
or
(ii)
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
(iii)
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 City Secretary shall record, in writing, the Responsible
Official's determination on the Vested Rights Petition; the determination
must identify the following:
(i)
The nature of the relief granted, if any;
(ii)
The related application(s) upon which relief is
premised under the petition;
(iii)
Current standards that shall apply to the related
application for which relief is sought, if applicable;
(iv)
Prior standards that shall apply to the related
application for which relief is sought, including any procedural standards,
if applicable;
(v)
The statutory exception or other grounds upon which relief is
denied in whole or in part on the petition; and
(vi)
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 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 Subdivider
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
will review and consider the revised application in accordance with
the procedures for deciding that type of application, as outlined
in this UDC, and in conformity with any relief granted under this
subsection 1.5.1.
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 vested rights petition.
1.
Expiration. Relief granted on a Vested Rights Petition will
expire on occurrence of one of the following events:
(i)
The Subdivider fails to submit a revised application that is
consistent with the relief granted, if any, within sixty (60) business
days following the final decision on the petition;
(ii)
The application for which relief was granted on
the petition is denied; or
(iii)
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.
(Ordinance 475 adopted 6/28/22)
A.
Definitions. For purposes of this section 1.5.2, only the following
terms are used as indicated below:
1.
A dormant project means an application under this UDC that meets
the following criteria:
2.
Initial Permit means any of the following types of Application
or any predecessor subdivision or development-related regulation or
ordinance that was in effect prior to the adoption of this UDC:
(i)
Preliminary Plat;
(ii)
Subdivision Construction Plans;
(iii)
Construction Release;
(iv)
Subdivision Waivers to any requirement in these
Subdivision Regulations and Development Standards (per subsection
2.6.1, Petition for Subdivision Waiver);
(v)
Site Plan (zoning and site design compliance plan, PDD master
plan or site plan, SUP site plan);
(vi)
Any other application approved subject to a schematic
drawing illustrating the location, arrangement, orientation, or design
of development, lots, or improvements on a site intended for development.
3.
Final permit means a Final Plat approved under the UDC, or any
predecessor subdivision or development-related regulation or ordinance
that was in effect prior to the adoption of this UDC.
B.
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 UDC and was not subject to an expiration
date shall expire on the effective date of this UDC (see TLGC Chapter
245.005(b)).
C.
Reinstatement of an expired initial permit.
1.
The property owner of the land subject to an Initial Permit
that expires under subsection 1.5.2.B 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 UDC.
2.
The petition shall clearly state the grounds for reinstatement,
and shall be accompanied by documentation demonstrating that as of
two (2) years prior to the effective date of this UDC, one or more
of the following had occurred:
(i)
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;
(ii)
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 TLGC Section 245.005(c)(2));
(iii)
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;
(iv)
Fiscal Security was posted with the City to guarantee
performance of obligations required under the UDC, including the construction
of required Public Facilities associated with the proposed development,
for all or a part of the land subject to the approved Initial Permit;
or
(v)
Utility connection fees for all or part of the land subject
to the approved Initial Permit were paid to the City.
D.
City Council action on reinstatement of a dormant project's expired
Initial Permit. In deciding on the reinstatement, the City Council
may take one of the following actions:
1.
Reinstate the expired Initial Permit without an expiration date,
if it finds that the Subdivider has met any one of the criteria listed
in subsection 1.5.2.C.
2.
Reinstate the expired 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 1.5.2.C.
3.
In granting relief under this provision, the City Council may
require that development of such remaining land be subject to future
standards enacted after approval of the Initial Permit.
4.
Deny the reinstatement petition, if it finds that the applicant
has failed to meet any of the criteria in subsection 1.5.2.C; or
5.
Reinstate the permit for only that part of the land subject
to a pending Final Permit application, if it finds that the Subdivider
has met the criteria in subsection 1.5.2.C and the pending application
subsequently was approved, and deny the reinstatement petition for
the remaining land subject to the expired Initial Permit.
6.
As a condition of approval, the Council may establish expiration
dates consistent with TLGC Section 245.005 or other conditions that
ensure that the remaining undeveloped land that is not subject to
an approved or pending Final Permit application will be developed
in a timely fashion.
(Ordinance 475 adopted 6/28/22)
