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.
a.
A petition for a Subdivision Waiver shall not be accepted in
lieu of:
i.
A Subdivision Proportionality Appeal (3.06.02.) or
ii. A Subdivision Vested Rights Petition (3.06.03).
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.
a.
A request for a Subdivision Waiver shall be submitted in writing
by the Applicant with the filing of a Preliminary Plat, Construction
Plans, Final Plat, or Replat, as applicable.
b.
No Subdivision Waiver may be considered or granted unless the
Applicant has made such written request.
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:
a.
Deny the petition, and impose the standard or requirement as
it is stated in these Subdivision Regulations and Development Standards;
or
b.
Grant the petition, and waive in whole or in part the standard
or requirement as it is stated in this UDC.
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.
a.
The City Engineer shall review the petition and supporting study
and shall make a recommendation to:
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:
a.
Dormant Project. A dormant project shall meet the following
criteria:
i.
An Initial Permit does not have an expiration date; and
ii. No Progress towards Completion has been made within
the project.
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:
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)