(a) 
Purpose.
The purpose of a petition for a Subdivision Waiver to a particular standard or requirement within this Subdivision Ordinance, as such are applicable to Plats or Construction Plans, is to determine whether such particular standard or requirement should be applied to an Application.
(b) 
Decision-maker.
(1) 
The Commission shall review and make recommendation to the Town Council.
(2) 
The Town Council shall act upon 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, to a Final Plat, Minor 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.
(2) 
Waiver Petition Acceptance.
(A) 
A petition for a Subdivision Waiver shall not be accepted in lieu of a Rough Proportionality Appeal as outlined in section 10.06.004.
(B) 
If there is a question as to whether a Rough Proportionality Appeal is required instead of a Subdivision Waiver petition, such determination shall be made by the Town Staff.
(d) 
Subdivision waiver submission procedures.
(1) 
Written waiver request with application.
(2) 
A request for a Subdivision Waiver shall be submitted in writing by the Applicant with the submission of a Preliminary Plat, Construction Plans, Final Plat, Minor Plat or Replat, as applicable.
(3) 
No Subdivision Waiver may be considered or granted unless the Applicant has made such written request to the Town Staff.
(4) 
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.
(e) 
Subdivision waiver criteria.
(1) 
Undue hardship present.
Subdivision Waiver to regulations within this Subdivision Ordinance may be approved only when, in the Town Council's opinion, undue hardship will result from strict compliance to the regulations.
(2) 
Consideration factors.
The Town Council 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 Town Council 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 Subdivision Ordinance 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 Subdivision Ordinance.
(4) 
Intent of subdivision regulations.
(A) 
A Subdivision Waiver may be granted only when in harmony with the general purpose and intent of the Subdivision Ordinance so that 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 Town Council shall not authorize a Subdivision Waiver that would constitute a violation of, or conflict with, any other valid ordinance, code, or regulation of the Town or the Town's Master Plan.
(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 Application petition.
(g) 
Subdivision waiver decision.
(1) 
The Town Council shall consider the Subdivision Waiver petition and, based upon the criteria set forth above, shall take one of the following actions:
(A) 
Deny the petition, and impose the standard or requirement as it is stated in this Subdivision Ordinance; or
(B) 
Grant the petition and waive in whole or in part the standard or requirement as it is stated in this Subdivision Ordinance.
(2) 
Decision process for a subdivision waiver:
(A) 
Recommendation of the 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 petition of Subdivision Waiver is submitted in writing to the Town Staff.
(ii) 
The Commission shall recommend to the Town Council to approve or deny a request for a Subdivision Waiver by a majority vote.
(B) 
Decision by town council.
(i) 
After the recommendation from the Commission has been made, the Town 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 Town Council shall approve or deny a request for a Subdivision Waiver by a by majority vote.
(iii) 
The decision of the Town Council is final.
(h) 
Notification of decision on petition - fourteen (14) calendar days.
The Applicant shall be notified by the Town Staff of the decision on the Subdivision Waiver by the Town Council 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) 
Expiration.
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 25-016 adopted 11/10/2025)
(a) 
Generally.
(1) 
Easements for drainage, walkways, access and other comparable purposes shall generally be located along the side or rear or front lot lines and/or drainage flow lines and shall be labeled "Drainage Easement," "Pedestrian Access Easement," "Common Access Easement," "Maintenance and Access Easement," "Emergency Access Easement" or other specifically appropriate labeling on the final plat.
(2) 
Unless otherwise recommended by the Town Staff, the developer shall dedicate a fifteen- foot general utility easement along the front lot line of each lot and any side lot line that is adjacent to a street. Easements shall be larger when the Town Staff determines necessary special conditions warrant.
(3) 
To facilitate access from roads to schools, parks, playgrounds, the Town may require perpetual unobstructed access easements for pedestrian or bicycle traffic.
(4) 
Easements dedicated on the plat shall be deemed dedicated to the public and to the Town unless specified otherwise.
(5) 
Private streets shall be labeled as "Emergency Access and Utility Easements" in order to facilitate access for police, fire and other public safety and governmental vehicles and personnel and franchise utility and solid waste disposal vehicles and personnel.
(6) 
The width of easements for utility providers other than the Town, such as for water, gas, electric, telephone, cable television, or internet, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies.
(7) 
Wherever possible, easements shall be centered along front lot lines rather than across the interior or rear of lots.
(8) 
Easements shall be dedicated as specified in the Town's Zoning Ordinance. If necessary for the extension of water or wastewater mains, storm drainage or other utilities, easements of greater width may be required along lot lines or across lots. In all cases, easements shall connect with easements already established in adjoining property to facilitate placement of utilities.
(b) 
Drainage easement or right-of-way.
Where a subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a storm drainage easement conforming substantially with such course and of such additional width as may be designated by the Town Engineer, according to proper engineering considerations. The required width shall, under normal conditions, be measured from the centerline of creeks, ditches or drainage channels, conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the Town and shall be sufficient to accommodate the 25-year flood return elevation. Utilities may be permitted within a drainage or floodplain easement only if approved by the Town Staff and designed according to the Town's Engineering Design Standards.
(c) 
Drainage piping requirement.
Any drainage piping that is to be dedicated to the Town shall be in an easement with a minimum width of the structure (i.e., pipe diameter or box width) plus fifteen (15) feet.
(d) 
On-site easements.
All necessary on-site easements shall be established on the plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity if other than the Town, for which they are being provided.
(e) 
Off-site easements.
Any necessary easements not shown on the plat shall be procured by separate instrument, in a form approved by the Town Attorney, and shall be the developer's or property owner's responsibility. If the developer cannot obtain a required off-site easement, then the developer may request that the Town assist in the acquisition of the easement. The developer must make an offer in writing, based on the fair market value of the easement, to the property owner from whom the easement is being sought. All costs of obtaining the easement shall be the responsibility of the developer or property owner and the Town must be reimbursed for any costs incurred including its attorney's fees, condemnation award and any fees or expenses of litigation whether at the trial or the appellate level or both.
(f) 
Common access easements and cross access easements.
To reduce the congestion created by a number of drives along streets while maintaining adequate access to developments, the Town may require that "common access easements" or "cross access easements" be dedicated at the corners of lots not intended for low-medium density residential developments when adjacent to lots of a similar use.
(g) 
Floodplain easement.
Floodplain easement requirements are as follows:
(1) 
The 100-year floodplain shall be delineated and cited on the plat. Floodplain easements shall be provided along natural drainageways and lakes or reservoirs. Floodplain easements shall encompass all areas beneath the water surface elevation of the 25-year flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property as determined and required by the Town Staff.
(2) 
Modification of existing drainage courses shall only be done using methods and procedures compliant with Federal Emergency Management Agency (FEMA), National Flood Insurance Program (NFIP), Texas Commission on Environmental Quality (TCEQ), U.S. Army Corps of Engineers and Texas Parks and Wildlife policies, as applicable.
(3) 
The Town shall have the right to have the ingress and egress for the purpose of performing maintenance work or to alleviate any undesirable conditions that may occur within floodplain easements.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Division of property.
Every owner of property for which an application for approval of a development has been submitted shall be required to dedicate to the Town that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, drainage improvements, or other public purposes. Such dedication requirements shall be a prerequisite to plat approval and considered a necessary condition to subdivision development.
(b) 
Effect of approval/disapproval on dedication.
The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the Town any duty regarding the maintenance or improvement of any dedicated parts until the Town makes an actual appropriation of the dedicated parts by entry, use, or improvement. The disapproval of a plat is considered a refusal by the Town of the offered dedication indicated on the plat.
(c) 
Dedication and construction of improvements.
As a necessary condition to subdivision development, the developer shall dedicate all rights-of-way and easements for and shall construct capital improvements within the rights-of-way or easements for those water, wastewater, road or drainage improvements needed to adequately serve a proposed development consistent with the applicable master facilities plans, whether the facilities are located on, adjacent to or outside the boundaries of the property being developed.
(d) 
Facilities impact studies.
The Town may require that a developer prepare a comprehensive traffic impact study, drainage study or other public facilities study to assist the Town in determining whether a proposed development will be supported with adequate levels of public facilities and services concurrent with the demand for the facilities created by the development. A study shall identify at a minimum the adequacy of existing facilities and the nature and extent of any deficiencies, and the capital improvements needed to meet the adopted level of service assuming development at the intensity proposed in the development application. The study shall be subject to approval by the Town Staff. The Town also may require, at the time of approval of a subsequent development application, an update of a public facilities study approved in connection with a prior development application.
(e) 
Deferral of obligation.
The obligation to dedicate rights-of-way for, or to construct one or more public works improvements to serve a new development may be deferred until approval of a subsequent phase of the subdivision, upon written request of the property owner, or at the Town's own initiative. As a condition of deferring the obligation, the Town shall require that the owner, developer, or subdivider enter into a Development Agreement, specifying the time for dedication of rights-of-way for or construction of capital improvements serving the development.
(Ordinance 25-016 adopted 11/10/2025)
Prior to a decision on an application for approval of a plat or permit for which an exaction requirement is required as a condition of approval, the Town Staff shall affirm that each exaction requirement to be imposed as a condition of plat or permit approval is roughly proportionate to the demand created by the development on the Town's public facilities systems, taking into consideration the nature and extent of the development proposed. In making this determination, the Town Staff may consider the following:
(1) 
Categorical findings and recommendations of the North Central Texas Council of Governments in developing standard specifications for public works improvements.
(2) 
The proposed and potential use of the land.
(3) 
The timing and sequence of development in relation to availability of adequate levels of public facilities systems.
(4) 
Traffic impact studies, drainage studies or other studies that measure the demand for services created by developments and the impact on the Town's public facilities system.
(5) 
The function of the public works improvements in serving the proposed subdivision or development.
(6) 
The degree to which public works improvements necessary to serve the proposed subdivision are supplied by other developments.
(7) 
The anticipated participation by the Town in the costs of necessary public works improvements.
(8) 
The degree to which acceptable private infrastructure improvements to be constructed and maintained by the developer will offset the need for public works improvements.
(9) 
Any reimbursements for the costs of public works improvements for which the proposed subdivision is eligible; and/or
(10) 
Any other information relating to the impacts created by the proposed subdivision or development on the Town's public facilities systems.
(Ordinance 25-016 adopted 11/10/2025)
Based upon the proportionality determination, the Town Staff shall affirm that the exaction requirements of this Subdivision Ordinance or other ordinances requiring the permit, as applied to the proposed subdivision or development, does not impose costs on the applicant for public works improvements that exceed those roughly proportionate to the impact of the proposed subdivision or development.
(Ordinance 25-016 adopted 11/10/2025)
The Town Staff may require that the applicant, at its expense, submit any information or studies that may assist in making the proportionality determination.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Generally.
An applicant for an approval of a plat or permit that imposes an exaction requirement as a condition of approval may file an appeal to contest any exaction requirement, other than impact fees, imposed as a condition of approval or in which the failure to comply is grounds for denying the application.
(b) 
Purpose.
The purpose of a proportionality appeal is to assure that an exaction requirement imposed on a proposed development as a condition of approval does not result in a disproportionate cost burden on the developer, taking into consideration the nature and extent of the demands created by the proposed development on the Town's public facilities systems.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Requirements for appeal.
An applicant seeking approval of a plat or any other type of permit or zoning for which an exaction requirement is imposed may appeal such requirement by filing a written appeal with the Town Secretary within ten (10) business days of the date the Commission or other Town official takes action applying the exaction requirement. The applicant shall submit ten (10) copies of the appeal. A separate appeal form shall be submitted for each exaction requirement for which relief is sought. The Town Secretary shall forward the appeal to the Town Council for consideration.
(b) 
Postponement of action on plat.
The applicant may request postponement of consideration of the applicant's plat application by pending preparation of the study required by subsection (d), in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the Town Council to decide the appeal.
(c) 
Basis for appeal.
The appeal shall allege that application of the exaction requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development on the Town's public facilities systems and does not reasonably benefit the proposed subdivision or development.
(d) 
Study required.
The applicant shall submit to the Town Staff ten (10) copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information, within thirty (30) days of the date of appeal:
(1) 
Model of the subdivision's wastewater, roadway, drainage, as applicable, from the point of connection to the existing public system, employing standard measures of capacity and equivalency tables relating the type of development proposed. Impacts on the existing public system will be reviewed by the Town to determine if system upgrades are necessary. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed.
(2) 
Comparison of the capacity of the applicable Town utility to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the Town's public facilities systems from the entire subdivision shall be considered.
(3) 
Comparison of the capacity of the applicable Town public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the Town's public facilities systems from the entire subdivision shall be considered.
(4) 
The amount of any Town participation in the costs of oversizing the public works improvements to be constructed by the applicant in accordance with the Town's requirements.
(5) 
Comparison of the minimum size and capacity required by Town standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and
(6) 
Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the Town.
(e) 
Evaluation.
The Town Staff shall evaluate the appeal and supporting study and shall make a recommendation to the Town Council based upon the Town Staff's analysis of the information contained in the study and utilizing the same factors considered by the Staff in making the original proportionality determination.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Appeal hearing.
After the applicant certifies to the Town Secretary that all evidence has been submitted, the Town Secretary shall schedule the appeal on an agenda of a meeting of the Town Council, and shall cause the applicant to be notified, at the address given on the appeal form, of the date and place at which the Council will consider the appeal. The Town Council shall decide the appeal within thirty (30) calendar days of the date of final submission of any evidence by the applicant. The applicant shall be allotted time to present his appeal at the Town Council meeting and may introduce other testimony and shall be allotted thirty (30) minutes to present testimony in support of the appeal.
(b) 
Application procedure and requirements.
The Town Council may:
(1) 
Deny the appeal and impose the exaction requirement in accordance with the Town Staff's recommendation or the Commission's decision on the plat or other development application; or
(2) 
Grant the appeal, and waive in whole or in part an exaction requirement to the extent necessary to achieve proportionality; or
(3) 
Grant the appeal, and direct that the Town participate in the costs of acquiring land for or constructing the public works improvement.
(c) 
Factors.
In deciding an appeal, the Town Council shall determine whether application of the exaction requirement is roughly proportional to the nature and extent of the impact created by the proposed subdivision on the Town's public facilities systems for wastewater, roadway, or drainage, as applicable, and reasonably benefits the subdivision. In making such determination, the Council shall consider:
(1) 
The evidence submitted by the applicant; and
(2) 
The Town Staff's report and recommendation, considering in particular the factors as listed in the above subsection.
(d) 
Additional information.
The Town Council may require the applicant or the Town Staff to submit additional information that it deems relevant in making its decision.
(e) 
Modification.
The applicant shall not be deemed to have prevailed in the event that the Town Council modifies the exaction requirement.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Decision to modify.
If the Town Council finds in favor of the applicant and waives the exaction requirement as a condition of plat approval or modifies the exaction requirement to the extent necessary to achieve rough proportionality, the applicant shall resubmit the plat application to the Commission within thirty (30) calendar days of the date the Town Council takes action, with any modifications necessary to conform the plat with the Town Council's decision. If the applicant fails to conform the plat to the Town Council's decision within the thirty (30) calendar day period provided, the relief granted by the Town Council on the appeal shall expire.
(b) 
Decision to waive.
If the Town Council finds in favor of an applicant for any other permit and waives the exaction requirement as a condition of permit approval or modifies the exaction requirement to the extent necessary to achieve rough proportionality, the applicant shall resubmit the permit application to the responsible official within thirty (30) calendar days of the date the Town Council takes action, with any modifications necessary to conform the application with the Town Council's decision. If the applicant fails to do so, the relief granted by the Town Council shall expire.
(c) 
Denial of appeal.
If the Town Council denies the appeal and the applicant has executed a waiver of the statutory period for acting upon a plat, the Town shall place the plat application on the agenda of the Commission within thirty (30) calendar days of the Town Council's decision.
(d) 
Additional dwelling units.
If the plat application is modified to increase the number of residential dwelling units or the intensity of non-residential uses, the Town Staff may require a new study to validate the relief granted by the Town Council.
(e) 
New appeal required.
If the plat application for which relief was granted is denied on other grounds, a new appeal shall be required on any subsequent application.
(Ordinance 25-016 adopted 11/10/2025)
An applicant may appeal the decision of the Town Council to the County or District Court of the county in which the development is located within thirty (30) calendar days of the date that the Town Council issues its final decision. For the purposes of this section, the date the final determination is issued shall mean the date the Town Council heard the appeal and took official action via majority vote.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Generally.
Under Texas 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) 
Definitions.
The following terms shall have the meanings hereafter ascribed to them:
Administrative officer.
The Town Administrator, or the Town Administrator's designated representative, authorized to enforce and administer the terms of this Subdivision Ordinance.
Chapter 245.
Texas Local Government Code, chapter 245, as may be amended.
Permit.
Has the meaning set forth in Texas Local Government Code, chapter 245, as may be amended.
Progress.
Has the meaning set forth in Texas Local Government Code, chapter 245, as may be amended.
Project.
Has the meaning set forth in Texas Local Government Code, chapter 245, as may be amended.
Vested right.
The right of a person or entity 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 determined to be complete (the Official Submission Date) by the Town Staff.
(d) 
Applicability.
An owner of property, or the owner's authorized agent, may submit an application for recognition of vested rights for the property.
(1) 
With an application for approval of a plat, zoning change, building permit or any other permit; or
(2) 
To prevent expiration of a plat.
(e) 
Effect.
If recognition of vested rights is issued in whole or in part, the Administrative Official shall issue a letter (Letter of Recognition) which shall specify the regulations which apply to an application and the application shall be processed in accordance with the regulations specified in the letter. If the application for recognition is to prevent expiration of an approved plat, the plat otherwise subject to expiration shall be extended as provided in the letter.
(f) 
Types of vested rights.
A person may claim vested rights under common law, a federal or state statute, the state or federal constitution, or chapter 245. For vested rights claimed under chapter 245, the definitions of "permit" in chapter 245 shall apply to applications submitted pursuant to this Section.
(g) 
Exemptions.
This Subdivision Ordinance shall not apply to the types of ordinances or other governmental action enumerated in Texas Local Government Code, section 245.004 regardless of the effective date of this Subdivision Ordinance or the existence of vested rights for a project.
(h) 
Duration.
This Section 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 Section shall not extend beyond the expiration date prescribed by this Subdivision Ordinance for the permit(s) submitted for recognition.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Filing.
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 this Subdivision Ordinance.
(b) 
Fee; supporting documents.
The applicant shall submit a completed application together with a permit application review fee in the amount determined by ordinance or resolution of the Town Council, and 10 copies (e-copies) of any documents on which the applicant is relying to establish vested rights.
(c) 
Form and contents.
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 email address of the applicant.
(2) 
The name, mailing address, phone number and email address 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 Texas 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) 
Complete application required.
An application for recognition of vested rights shall not be considered to have been filed with the Town Staff until such time as the application has been determined to be administratively complete by the Town Staff. To be administratively complete, the application must meet the following requirements:
(1) 
Contain all materials and information required by this section; and
(2) 
Be accompanied by a check payable to the Town for the application review fee.
(e) 
Criteria for issuance of letter of recognition.
No letter of recognition of vested rights shall be issued unless the applicant has demonstrated compliance with the following criteria, as applicable:
(1) 
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
(2) 
The regulations against which vested rights are claimed are not subject to an exemption as provided in Texas Local Government Code, section 245.004; and
(3) 
The project has not become dormant as defined in Texas Local Government Code, section 245.005; and
(4) 
For recognition of vested rights under common law or the federal or state constitution, the applicant is in compliance with any other factor which may be required to establish vested rights under the state or federal constitution.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Review and determination.
The Administrative Official may require the submission of additional evidence relevant to support the applicant's claim for recognition. Upon review of the application and evidence, the Administrative 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 Administrative Official shall issue a letter of recognition of such rights. If the Administrative Official finds that the applicant is not entitled to recognition of vested rights, they shall notify the applicant of the basis for their findings.
(b) 
Substantial change.
Where the Administrative 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 a 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.
(5) 
Living unit equivalents.
(6) 
Land use classification.
(7) 
Impervious cover or lot coverage.
(8) 
Drainage pattern or volumes.
(9) 
Street layouts.
(10) 
Additional curb cuts or driveways; or
(11) 
Orientation of buildings.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Filing.
The applicant may appeal the Administrative 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 Staff and shall state the basis for requesting the appeal. The appeal shall be made within ten (10) calendar days of the date of the Letter of Recognition. The Town Staff shall schedule a hearing before the Town Council within thirty (30) calendar 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 calendar days of the decision of the Town Council. If no appeal is filed, the decision of the Town Council shall be final.
(Ordinance 25-016 adopted 11/10/2025)
(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 section shall not apply to permits pursuant to which progress has been made toward the completion of the project, as determined by Texas 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 section shall not apply to permits for which progress has been made toward the completion of the project.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Applicability of article provisions.
When a residential subdivision contains streets, sewers, sewage treatment facilities, water supply systems, drainage systems or structures, parks, landscaping systems or landscape elements or features (including fountains and statues), landscape irrigation systems, screening walls, living screens, buffering systems, subdivision entryway features, including monuments or other signage, or other physical facilities or grounds held in common and necessary or desirable for the welfare of the area or subdivision, or that are of common use or benefit and that are not or cannot be satisfactorily maintained by the Town or another public agency, the Town shall require the establishment and creation of a mandatory homeowners' association to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of such facilities, structures, improvements, systems, areas or grounds.
(b) 
Review by town.
If the establishment and creation of a mandatory homeowners' association is required by the Town, a copy of the agreements, covenants and restrictions establishing and creating the association must be reviewed by the Town Attorney prior to the approval of the Final Plat of the subdivision and must be filed of record with such Final Plat in the map and plat records of the County. Such Final Plat shall clearly identify all facilities, structures, improvements, systems, areas, or grounds that are to be operated, maintained and/or supervised by such association.
(c) 
Responsibilities.
Such mandatory homeowners' associations shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or elements located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainageways or drainage structures, or at subdivision entryways. Subdivision entryway treatments or features shall not be allowed unless a mandatory homeowners' association as required in this section is established and created. The Town shall be responsible for all median maintenance and all paving maintenance (except for private streets or roads) and the repair of landscape systems, features or elements damaged by Town-initiated utility work in dedicated easements. Other damage occurring during utility repairs will be the responsibility of the appropriate utility company.
(d) 
Dedications to association.
All facilities, structures, improvements, systems, areas, or grounds that are to be operated, maintained and/or supervised by a mandatory homeowners' association, other than those located in public easements or rights-of-way, shall be dedicated by easement or deeded in fee simple ownership interest to such association. Such easements or ownership shall be clearly identified on the Final Plat of the applicable subdivision.
(e) 
Contents of agreement.
At a minimum, the agreements, covenants, and restrictions establishing and creating a mandatory homeowners' association required in this Section shall contain and/or provide for the following:
(1) 
Definitions of terms contained therein; and
(2) 
Provisions acceptable to the Town for the establishment and organization of the mandatory homeowners' association and the adoption of bylaws for such association, including provisions requiring that the owner of any lot within the applicable subdivision and any successive buyer shall automatically and mandatorily become a member of the association; and
(3) 
The initial term of the agreements, covenants and restrictions establishing and creating the association shall be for a 25-year period and shall automatically renew for successive ten-year periods, and the association may not be dissolved without the prior written consent of the Town; and
(4) 
Provisions acceptable to the Town to ensure the continuous and perpetual use, operation, maintenance, and/or supervision of all facilities, structures, improvements, systems, areas, or grounds that are the responsibility of the association and to establish a reserve fund for such purposes; and
(5) 
Provisions prohibiting the amendment of any portion of the association's agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of any facilities, structures, improvements, systems, areas, or grounds that are the responsibility of the association without the prior written consent of the Town; and
(6) 
The right and ability of the Town or its lawful agents, after due notice to the association, to remove any landscape systems, features or elements that cease to be maintained by the association; to perform the responsibilities of the association if the association fails to do so in compliance with any provisions of the agreements, covenants or restrictions of the association or of any applicable Town codes or regulations; to assess the association for all costs incurred by the Town in performing such responsibilities if the association fails to do so; and/or to avail itself of any other enforcement actions available to the Town pursuant to state law or Town codes or regulations; and
(7) 
Provisions indemnifying and holding the Town harmless from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the Town's removal of any landscape systems, features or elements that cease to be maintained by the association or from the Town's performance of the operation, maintenance or supervision responsibilities of the association due to the association's failure to perform such responsibilities.
(Ordinance 25-016 adopted 11/10/2025)