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 section 3.02.01D).
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 subsection 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 subsection 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 subsection 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 subsection 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 Development Services Director 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 section
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 subsection 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 subsection 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 subsection 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 subsection 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; Ordinance 2025-47 adopted 10/8/2025)