(a)
Letter of recognition.
Under state law, each application
for a permit or plat approval shall be processed pursuant to the regulations
in effect at the time of the application unless the applicant has
applied for and obtained a letter of recognition of vested rights
for the permit or project for which the permit is sought.
(b)
Purpose of recognition.
The purpose of a vested rights
recognition application is to determine the regulations by which an
application for approval of a permit or plat is to be processed.
(c)
Chapter 245.
City manager.
Permit.
Progress.
Project.
Vested right.
Definitions.
The following terms shall have the meanings
hereinafter ascribed to them:
Chapter 245 of the Texas Local Government Code, as may be
amended.
The city manager of Lake Worth or the city manager’s
designated representative.
Has the meaning set forth in Texas Local Government Code
chapter 245, as may be amended.
Has the meaning set forth in Texas Local Government Code
chapter 245, as may be amended.
Has the meaning set forth in Texas Local Government Code
chapter 245, as may be amended.
The right of a person to develop a project that complies
only with ordinances and other development regulations in effect on
the date a plan for development or the first application for the project
was filed with the city.
(d)
Application for recognition.
An owner of property, or
the owner’s authorized agent, may submit an application for
recognition of vested rights for the property:
(e)
Effect of recognition.
If recognition of vested rights
is issued in whole or in part, the city manager or his/her designee
shall issue a letter which shall specify the regulations which apply
to an application and the application shall be processed in accordance
with the regulations specified in the letter. If the application for
recognition is to prevent expiration of an approved plat, the plat
otherwise subject to expiration shall be extended as provided in the
letter.
(f)
Types of vested rights.
A person may claim vested rights
under common law, a federal or state statute, the state or federal
constitution, or chapter 245. For vested rights claimed under chapter
245, the definitions of permit in chapter 245 shall apply to applications
submitted pursuant to this article.
(g)
Exemptions.
This article shall not apply to the types
of ordinances or other governmental action enumerated in Texas Local
Government Code section 245.004 regardless of the effective date of
the ordinance or the existence of vested rights for a project.
(h)
Duration of rights.
This article and any letter of recognition
issued hereunder shall not extend the time of validity for any permit
or project. Any rights recognized by a letter issued pursuant to this
article shall not extend beyond the expiration date prescribed by
ordinance for the permit(s) submitted for recognition.
(Ordinance 874, sec. 1, adopted 11/13/07; 2004 Code, sec. 3.1901; Ordinance adopting 2021 Code)
(a)
Who may apply.
A property owner or the owner’s
authorized agent may submit an application for recognition of vested
rights with an application for approval of a plat or building permit,
or at any time for a plat prior to its expiration date established
by the subdivision ordinance.
(b)
Fees.
The applicant shall submit a completed application together with a permit application review fee in the amount set forth in the fee schedule in appendix A of this code. The applicant shall also be responsible for any professional fees incurred by the city in connection with the processing of the application. The applicant shall submit three (3) copies of any documents on which the applicant is relying to establish vested rights.
(c)
Form of application.
The application shall state that
the applicant has a vested right for some or all of the land for which
the permit is sought under chapter 245 or another statute, or other
state or federal law that requires the city to review and decide the
application under regulations in effect prior to the effective date
of the currently applicable regulations. The application shall include
the following:
(1)
The name, mailing address, phone number and fax number of the applicant;
(2)
The name, mailing address, phone number and fax number of the property
owner, if different than the applicant;
(3)
Identification of the property for which the applicant claims a vested
right, including a legal description of the exact boundaries of the
property encompassed by the project;
(4)
A description of the project for which the application is submitted,
how the project was commenced, and the date of commencement of the
project;
(5)
Layout of the site, including locations of buildings, streets, utilities
and drainage facilities;
(6)
Identification of the original application for the first permit in
the series of permits required for the project, as described in Local
Government Code section 245.001(1) and section 245.002(a) and (b),
as may be amended;
(7)
The date that the first permit in the series of permits required
for the project was filed with the city;
(8)
Identification of the regulations which the applicant contends apply
to the project and the specific parts of the project which are subject
to vesting;
(9)
A copy of any prior recognition of vested rights by the city involving
the same land; and
(10)
If the applicant alleges that a plat subject to expiration under
a city ordinance should not be terminated, a description of the events,
including any plat or other development applications on file that
should prevent termination.
(d)
Completeness.
An application for recognition of vested
rights shall not be considered to have been filed with the city until
such time as the application is administratively complete. To be administratively
complete, the application must meet the following requirements:
(e)
Other criteria.
No letter of recognition of vested rights
shall be issued unless the applicant has demonstrated compliance with
the following criteria, as applicable:
(1)
For statutory vested rights:
(A)
The applicant filed an application for a permit as provided in chapter
245 prior to adoption of the regulations against which vested rights
are claimed; and
(B)
The regulations against which vested rights are claimed are not subject
to an exemption as provided in Local Government Code section 245.004;
and
(C)
The project has not become dormant as defined in Texas Local Government
Code section 245.005; and/or
(2)
For recognition of vested rights under common law or the federal
or state constitution, the applicant is in compliance with any other
factor which may be required to establish vested rights under the
state or federal constitution.
(Ordinance 874, sec. 2, adopted 11/13/07; 2004 Code, sec. 3.1902; Ordinance adopting 2021 Code)
(a)
Review and determination.
The city manager or his/her
designee may require the submission of additional evidence relevant
to support the applicant’s claim for recognition. The city manager
or his/her designee shall process the application and forward a copy
of the application to the city attorney following acceptance. Upon
review of the application and evidence, the city manager or his/her
designee shall determine whether the applicant is entitled, in whole
or in part, to recognition of vested rights for a permit. If the evidence
presented by the applicant establishes that the permit for which approval
is sought is part of a project which is vested under chapter 245,
the city manager or his/her designee shall issue a letter of recognition
of such rights. If the city manager or his/her designee finds that
the applicant is not entitled to recognition of vested rights, he
shall notify the applicant of the basis for his findings.
(b)
Substantial change.
Where the city manager or his/her
designee determines that the project for which the applicant seeks
vested rights has undergone a substantial change since its inception,
recognition of vested rights shall be denied. Examples of substantial
change include, but are not limited to, modifications of the following
characteristics of a project:
(1)
Gross surface area or acreage; or
(2)
Gross floor area; or
(3)
Gross number of buildings; or
(4)
Density; or
(5)
Living unit equivalents; or
(6)
Land use classification; or
(7)
Impervious cover; or
(8)
Drainage pattern or volumes; or
(9)
Street layouts; or
(10)
Additional curb cuts or driveways; and/or
(11)
Orientation of buildings.
(Ordinance 874, sec. 3, adopted 11/13/07; 2004 Code, sec. 3.1903; Ordinance adopting 2021 Code)
(a)
Who may appeal.
The applicant may appeal the city manager
or his/her designee’s decision on the application for vested
rights determination to the city council. An appeal under this section
stays acceptance by filing of any related development applications.
(b)
Procedure.
The application for appeal shall be made
in writing to the city manager or his/her designee and shall state
the basis for requesting the appeal. The appeal shall be made within
10 days of the date of the letter. The city manager or his/her designee
shall schedule a hearing before the city council within 30 days of
the date the appeal is submitted.
(c)
Appeal of council decision.
A person dissatisfied with
the decision of the city council may appeal the decision to a court
within the county in which the property is located. The person shall
file the appeal with the court within 30 days of the decision of the
city council. If no appeal is filed, the decision of the city council
shall be final.
(Ordinance 874, sec. 4, adopted 11/13/07; 2004 Code, sec. 3.1904; Ordinance adopting 2021 Code)
(a)
A
permit issued by the city that is subject to chapter 245, but does
not expressly contain an expiration date, shall expire by operation
of law two years after issuance. This subsection shall not apply to
permits pursuant to which progress has been made toward the completion
of the project, as determined by Local Government Code section 245.005(c),
as may be amended.
(b)
A
project subject to chapter 245 shall expire by operation of law five
years after an application was filed for the first permit necessary
for the project. This subsection shall not apply to permits for which
progress has been made toward the completion of the project.
(Ordinance 874, sec. 5, adopted 11/13/07; 2004 Code, sec. 3.1905)
