A.
Purpose. The purpose of a petition
for a Subdivision Waiver to a particular standard or requirement with
these Subdivision Regulations and Development Standards, as such are
applicable to Plats or Construction Plans, is to determine whether
or not such particular standard or requirement should be applied to
an Application.
B.
Decision-Maker.
1.
Decision Maker Authority. After review
and recommendation from Director of Planning, City Engineer, and the
Commission, the City Council shall decide a Subdivision Waiver.
C.
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 Preliminary
Plat, to Construction Plans, or where no Preliminary Plat Application
has been submitted for approval, to a Final 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 3.02.01.D. Waiver
of Right to 30-Day Action.
2.
Waiver Petition Acceptance.
b.
If there is a question as to whether
a Subdivision Proportionality Appeal or Subdivision Vested Rights
Petition is required instead of a Subdivision Waiver petition, such
determination shall be made by the Director of Planning. Once the
determination is made, the respective process shall be followed. The
Director of Planning's decision may be appealed to the Board of Adjustment.
D.
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 3.02.01.D. Waiver of Right
to 30-Day Action.
E.
Subdivision Waiver Criteria.
1.
Undue Hardship Present. A Subdivision
Waiver to regulations within this UDC 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 UDC 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
UDC.
4.
Intent of Subdivision Regulations
and Development Standards.
a.
A Subdivision Waiver may be granted
only when in harmony with the general purpose and intent of the Subdivision
Regulations and Development Standards 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.
F.
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.
G.
Subdivision Waiver Decision.
1.
The Decision-Maker shall consider
the Subdivision Waiver petition and, based upon the criteria set forth
in 3.06.01.E. Subdivision Waiver Criteria, shall take one of the following
actions:
2.
Decision Process for a Subdivision
Waiver.
a.
Recommendation of the Planning and
Zoning Commission.
i.
The Commission shall consider the
Subdivision Waiver request at a public meeting no later than thirty
(30) calendar days after the date on which the notice of Subdivision
Waiver is submitted to the Director of Planning.
ii.
The Commission shall
recommend to the City Council to approve or deny a request for a 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 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 approve
or deny a request for a Subdivision Waiver by a majority vote of all
members.
iii.
The decision of the
City Council is final.
H.
Notification of Decision on Petition
- 14 Days. The Applicant shall be notified of the decision on the
Subdivision Waiver within fourteen (14) calendar days following the
decision.
I.
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
2017-13 adopted 10/2/2017)
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 3.06.02. Subdivision Proportionality Appeal
to contest any requirement to dedicate land or to construct Public
Improvements as required by this UDC, other ordinance, or attached
as a condition to approval of the Application.
b.
A petition under this 3.06.02. Subdivision
Proportionality Appeal shall not be used to waive standards on grounds
applicable to any Subdivision Waiver Application, as outlined in 3.06.01.
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 Engineer
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 Engineer 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 Engineer 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 Engineer
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 3.06.02.
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 B above) is filed with the City Engineer.
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 Engineer 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
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.
d.
The decision of the City Council
shall be final.
8.
Notification of Decision on Petition.
The City Engineer 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 re-submittal of the Application
is modified in any other way, a new petition for relief may be required
by the City Engineer.
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 Engineer.
E.
Effect of Relief.
1.
The City Engineer 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
2017-13 adopted 10/2/2017)
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
Section 3. Subdivision Regulations and Development Standards.
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 UDC, a Zoning
Map amendment, or any other request for a legislative decision by
the City Council.
C.
Petition Submission.
1.
Filing.
a.
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.
b.
Upon receipt of a Subdivision Vested
Rights Petition, the Responsible Official shall consult with the City
Attorney.
2.
Automatic Waiver. Submission of a
Subdivision Vested Rights Petition shall require a Waiver of Right
to 30-Day Action (See 3.02.01. 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 K below.
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 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 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;
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 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 Final 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 3 below.
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 2.c above, 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 K below, 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.
i.
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.
ii.
A letter stating the
reasons for the appeal, citing the specific applicable section(s)
of the UDC, shall be submitted by the Applicant.
b.
For a City Council-Initiated Appeal.
i.
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.
ii.
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.
iii.
Written notice of the
City Council's vote to appeal shall be submitted to the Director of
Planning 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 and Development
Standards 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 UDC, 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 which shall apply
to the related Application for which relief is sought, if applicable;
d.
Prior standards which 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 UDC, 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 K only:
b.
Initial Permit. Initial permit means
any of the following types of approvals granted under these Subdivision
Regulations and Development Standards, 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.
Construction Plans,
iii.
Construction Release,
iv.
Subdivision Waivers
to any requirement in these Subdivision Regulations and Development
Standards (per 3.06.01. 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 Final Plat approved under these Subdivision Regulations and Development
Standards, or any predecessor subdivision or development-related regulation
or ordinance that was in effect prior to the adoption of this UDC.
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 UDC, and
was not subject to an expiration date shall expire on the effective
date of this UDC.
3.
Reinstatement of an Expired Initial
Permit.
a.
The property owner of the land subject
to an Initial Permit that expires under 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 UDC.
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 UDC, 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 (5) percent 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 and Development Standards, 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 3.b.i above.
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 3.b.i above, 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 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 3.b.i above and
the pending Application subsequently was approved, and deny the reinstatement
petition for the remaining land subject to the expired Initial Permit.
(Ordinance
2017-13 adopted 10/2/2017)
