(a)
Law.
Under state law, each application for 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.
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.
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.
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 town.
(e)
Effect.
If recognition of vested rights is issued in
whole or in part, the [town official] 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 definition 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 actions 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.
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 2007-8-7A, sec. 1, adopted 8/7/07)
(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)
Fee.
The applicant shall submit a completed application
together with a permit application review fee in the amount of dollars
($ ) or such fee as subsequently determined by ordinance or resolution
of the town council, and 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 town 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 town;
(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 town involving
the same land; and
(10)
If the applicant alleges that a plat subject to expiration under
a town ordinance should not be terminated, a description of the events,
including any plat or other development applications on file that
should prevent termination.
(d)
An application for recognition of vested rights shall not be considered
to have been filed with the town until such time as the application
is administratively complete. To be administratively complete, the
application must meet the following requirements:
(e)
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, applicant is in compliance with any other factor
which may be required to establish vested rights under the state or
federal constitution.
(Ordinance 2007-8-7A, sec. 2, adopted 8/7/07)
(a)
Review and determination.
The [town official] may require
the submission of additional evidence relevant to support the applicant’s
claim for recognition. The [town official] shall process the application
and forward a copy of the application to the town attorney following
acceptance. Upon review of the application and evidence, the [town
official] shall make a determination as to 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 [town official] shall issue a letter
of recognition of such rights. If the [town official] 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.
A substantial change to a project
denies the town, and the public, of fair notice. Where the [town official]
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;
(2)
Gross floor area;
(3)
Gross number of buildings;
(4)
Density; or
(5)
Living unit equivalents;
(6)
Land use classification;
(7)
Impervious cover;
(8)
Drainage pattern or volumes;
(9)
Street layouts;
(10)
Additional curb cuts or driveways; or
(11)
Orientation of buildings.
(Ordinance 2007-8-7A, sec. 3, adopted 8/7/07)
(a)
Who may appeal.
The applicant may appeal the [town official]’s
decision on the application for vested rights determination to the
town council. An appeal under this section stays acceptance by filing
of any related development applications.
(b)
Process.
The application for appeal shall be made in
writing to the town secretary and shall state the basis for requesting
the appeal. The appeal shall be made within 10 days of the date of
the letter. The town secretary shall schedule a hearing before the
town council within 30 days of the date the appeal is submitted.
(c)
Appeal of council decision.
A person dissatisfied with
the decision of the town 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
town council. If no appeal is filed, the decision of the town council
shall be final.
(Ordinance 2007-8-7A, sec. 4, adopted 8/7/07)
(a)
A permit issued by the town 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 2007-8-7A, sec. 5, adopted 8/7/07)
