Town of Prosper, TX Article 1 General Provisions

§ 1.01 Establishment.

A. Title. This Unified Development Code of the Town of Prosper, Texas ("Town") shall be known as, and may be cited and referred to as, the "UDC".

B. Purpose. The purpose of this UDC is to unify the Town's land development regulations into a single document and to reduce repetition and conflict among various ordinances. Additionally, this UDC is intended to implement the Town of Prosper Comprehensive Plan, and all other Town-adopted plans and policies.

C. Authority. These regulations are adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically Texas Local Government Code Chapters 211 and 212. These regulations are the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity, and general welfare.

D. Effective Date. The effective date of this UDC shall be May 1, 2026.

E. Conflicting Provisions.

1. Conflict with State or Federal Regulations. If the provisions of this UDC are inconsistent with state or federal law, state or federal law shall apply.

2. Conflict with Private Agreements and Covenants. The UDC does not interfere with, abrogate, or annul any easement, covenant, deed restriction or other agreement between private parties. The Town is not responsible for monitoring or enforcing agreements or covenants among private parties.

F. Enforcement and Violations. In accordance with Texas Local Government Code Ch. 54, the Town is authorized to enforce this UDC and may issue a fine or penalty for the violation of a rule, ordinance, or police regulation.

1. Violations Related to the UDC. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this UDC shall be fined not more than $2,000 for each violation. Each day (or part of a day) that a violation is permitted to exist shall constitute a separate offense.

2. All Other Violations. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of all other aspects of this UDC shall be fined not more than $500 for each violation. Each day (or part of a day) that a violation is permitted to exist shall constitute a separate offense.

G. Vested Rights Request.

1. Vested Rights Request.

a. Any property owner who believes that they have obtained a vested right under Chapter 245 of the Texas Local Government Code shall submit to the Town Secretary a letter explaining the factual and legal bases upon which the property owner relies in their contention that they have a particular vested right and, consequently, is exempt or not subject to a particular Town order, regulation, ordinance, rule, expiration date, or other properly adopted requirement (hereinafter referred to collectively as "regulations").

b. Such written submission shall include, at a minimum, the following:

i. The name, mailing address, phone number, and email address of the property owner (or the property owner's duly authorized agent);

ii. Identification of the property for which the property owner claims a vested right;

iii. Identification of the "project," as that term is defined in Texas Local Government Code § 245.001(3);

iv. 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 §§ 245.001(1), 245.002(a) and 245.002(b);

v. The date that the first permit in the series of permits required for the project was filed with the Town;

vi. A chronology of the history of the project, with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by Texas Local Government Code § 245.003;

vii. Identification of all Town regulations in effect at the time the original application for the permit was filed that the owner contends are vested and the owner contends controls the approval, disapproval, or conditional approval of an application for a permit, pursuant to Texas Local Government Code §§ 245.002(a) and 245.002(b).

viii. Identification of all Town regulations that the property owner contends do not apply to the project due to the vested rights provided the property owner by Texas Local Government Code Ch. 245; and

ix. Identification of all Town regulations that the property owner contends would apply to the project that predates the regulations the property owner contends do not apply.

c. If a property owner contends that certain Town regulations do not apply to the project, the property owner is expected to identify, with particularity, all requirements that the property owner contends do not apply. Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the Town may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.

2. Vested Rights Determination.

a. The decision-maker for a vested rights determination is the same as the currently assigned decision-maker for the original application type.

b. The Town Manager and Town Attorney shall also be notified of the request and shall provide a recommendation to the decision-maker.

c. The decision-maker shall determine whether the relief requested shall be granted as a whole or in part. The decision-maker's decision may be appealed in accordance with the provisions for the original application type.

d. Prior to rendering their final determination, the decision-maker may request a pre-determination conference with the owner to discuss the owner's vested rights claim and to ensure that the nature of the claim is fully and completely understood by the decision-maker prior to a final determination being rendered.

3. Binding Determination.

a. The decision-maker's determination, if not appealed in accordance with the procedures outlined within the UDC, shall be immediately filed in the Town's files related to the project and the determination shall be considered binding upon the Town and the property owner for the duration of the project.

b. Notwithstanding the binding nature of the Town's final determination, the Town and the property owner may, at any time, enter into a development agreement that, to the extent authorized by law, modifies the final determination and the applicable development regulations to be applied to the project.

H. Severability. If any section, paragraph, subdivision, clause, phrase, or provision of this UDC shall be adjudged invalid or held unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this UDC shall remain in full force and effect. The same shall not affect the validity of this UDC as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.

I. Savings/Repealing. By the passage of this UDC, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a zoning district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. Should any part of this UDC be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this UDC shall remain in full force and effect. All provisions of any ordinance in conflict with this UDC are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.

J. Estoppel/Waiver. The failure of the Town of Prosper to enforce any term or condition of this UDC shall not constitute a waiver or estoppel or any subsequent violation of this UDC.

[Ordinance 2026-24 adopted 4/28/2026]

§ 1.02 Development Review Bodies.

A. Town Council.

1. Establishment. The Prosper Town Charter establishes the standards governing the Town Council within article III, The Town Council.

2. Responsibilities. An exhibit representing a Summary of Major Roles and Responsibilities that provides a summary of the Town Council's major responsibilities within the UDC is provided within the Development Manual.

B. Planning and Zoning Commission.

1. Establishment. The Prosper Town Charter establishes the standards governing the Planning and Zoning Commission within article IX, Planning and Zoning Commission.

2. An exhibit representing a Summary of Major Roles and Responsibilities that provides a summary of the Planning and Zoning Commission's major responsibilities within the UDC is provided within the Development Manual.

C. Board of Adjustment.

1. Establishment. There is hereby created a Board of Adjustment, hereafter sometimes referred to as the Board, for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, of making special exceptions and zoning variances to the terms of article 2, Zoning Regulations that are consistent with the general purpose and intent of this UDC or rules and regulations adopted by the Board and approved by the Town Council. The Board shall be composed of members who are resident citizens of the Town.

2. Responsibilities. An exhibit representing a Summary of Major Roles and Responsibilities that provides a summary of the Board of Adjustment major responsibilities within the UDC is provided within the Development Manual.

3. Members and Terms of Appointment.

a. The Board of Adjustment shall consist of five regular members, who shall be appointed by a simple majority vote of the full Town Council, and shall operate in accordance with Texas Local Government Code §§ 211.008 through 211.011.

b. The Board shall consist of five members, to be appointed by the Town Council for a term of two years; provided, however, that of the first five appointments made under this UDC, three shall be appointed to serve a two-year term and two shall be appointed to serve a one-year term; and, thereafter, three shall be appointed during odd-numbered years and two shall be appointed during even-numbered years, for said two-year term. No board member shall serve for more than three consecutive terms or six consecutive years (whichever is less).

c. When vacancies occur on the Board, the Town Council shall appoint, by majority vote, a replacement to serve the remainder of that term.

d. Each board member may be removed by the Town Council for cause on a written charge after a public hearing. By way of example, any board member who is absent from three consecutive regular meetings without explanation acceptable to a majority of the other board members is good cause for removal.

e. Each board member shall serve without compensation but may be reimbursed for actual expenses approved in advance by the Town Council.

f. The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written report of such proceedings to the Town Council not more than three weeks following each such meeting.

g. A quorum of four (4) members is required for the Board to hear a case.

h. The Board shall have two alternate board members appointed by the Town Council to serve in the absence of one or more regular board members when requested to do so by the Mayor or Town Manager. Each alternate board member serves for the same period as a regular board member and is subject to removal in the same manner as a regular board member. A vacancy among the alternate board members is filled in the same manner as a vacancy among the regular board members. An alternate board member serves upon the same terms and conditions as a regular board member.

4. Officers.

a. The Board shall have a Chair and Vice-Chair whose terms shall be one year. At the first scheduled meeting of the Board in October of each year, or as soon as practicable, the first item of business shall be the selection of the Board's Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote of the Board.

b. The Chair shall preside over meetings and shall be entitled to vote upon each issue.

c. The Vice-Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair.

5. By-laws. The Board shall have the power to develop and revise by-laws for its own governance, which shall be subject to approval by the Town Council. The by-laws shall include provisions for:

a. Establishment of meeting dates; and

b. Establishment of an appointment to certain committees made up of board members and other lay persons to assist the Board in the conduct of its responsibilities; and

c. Board members' attendance requirements, not inconsistent with this UDC.

6. Duties and Responsibilities. The Board may:

a. Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this UDC or Texas Local Government Code § 24.007, as it exists or may be amended.

In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official; and

b. Hear and decide special exceptions to the terms of the UDC when the ordinance requires the Board to do so; and

c. Permit the reconstruction, extension or enlargement of a building occupancy by non-conforming uses, on the lot or tract occupancy by such building, provided such reconstruction, extension or enlargement does not prevent the return of such property to a conforming use; and

d. Authorize, in specific cases, a variance of height, yard, area, exterior structure, lot coverage, off-street parking and loading requirements from the terms of the zoning regulations, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in an undue or unnecessary hardship, and so that the spirit of the UDC is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it permit any person a privilege in developing a parcel of land not permitted by the UDC to other parcels of land in the Town or the district. No variance may be granted if it results in an unnecessary hardship, as herein defined, on another parcel of land.

e. The Board may consider the following as grounds to determine whether compliance as applied to a structure that is the subject of a variance request would result in unnecessary hardship:

i. The financial costs of compliance are greater than 50% of the appraised value of the structure as shown on the most recent appraised roll certified to the assessor for the municipality under Texas Tax Code § 26.01.

ii. Compliance would result in a loss to the lot on which the structure is located of at least 25% of the area on which development may physically occur;

iii. Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

iv. Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

v. The municipality considers the structure to be a nonconforming structure.

f. In order to make a finding of hardship and to grant a variance, the Board of Adjustment must determine that:

i. The requested variance does not violate the intent of the UDC; and

ii. Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; and

iii. The hardship is in no way the result of the applicant's own actions; and

iv. The interpretation of the provisions in the UDC or its amendments would deprive the applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply with the same provisions.

g. No variance may authorize a use other than those uses permitted in the zoning district for which the variance is sought. Also, an application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a Preliminary Site Plan, Site Plan, Preliminary Plat or Final Plat, when required by the UDC, and any amendments thereto, for any parcel of property or portion thereof, has not been finally acted upon by both the Planning and Zoning Commission and, where required, by the Town Council. The administrative procedures and requirements of the UDC, and any amendments thereto, with regard to both the Planning and Zoning Commission and Town Council consideration and action, on Preliminary Site Plans, Site Plans, Preliminary Plats, and Final Plats, must be exhausted prior to requesting a variance.

h. The concurring vote of four members of the Board is necessary to:

i. Reverse an order, requirement, decision, or determination of an administrative official;

ii. Decide in favor of an applicant on a matter on which the Board is required to pass under the UDC; or

iii. Authorize a variation from the terms of the UDC.

7. Appeal of Board Decisions. Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department or board of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 10 days after the filing of the decision in the Office of the Board and not thereafter. The date of filing of the decision in the Office of the Board shall be the date the Board announces its decision either orally or in writing to the applicant.

8. Power to Obligate and Finance. The Board shall have no power to obligate the Town in any manner whatsoever. The Board's finances shall be handled in the same manner as any section of the Town government.

D. Construction Board of Appeals.

1. Establishment. The Construction Board of Appeals is hereby created and established within the Town.

2. Members and Terms of Appointment.

a. The members of the Board shall consist of seven members, to be appointed by the Town Council for staggered terms of two years. Two members of the Board shall be designated as alternates and shall serve in the event regular members are unavailable for a meeting. No board member shall serve for more than three consecutive terms or six consecutive years (whichever is less). In addition to the seven board members, the Building Official shall serve as an ex officio member of the Board but shall have no right to vote on any matter before the Board. Each board member shall serve without compensation but may be reimbursed for actual expenses approved in advance by the Town Council.

b. When vacancies occur on the Board, the Town Council shall appoint, by majority vote, a replacement to serve the remainder of that term.

c. Each board member may be removed by way of a majority vote by the Town Council. Any board member who is absent from three consecutive regular meetings without explanation acceptable to a majority of the other board members is good cause for removal.

d. The Board shall have two alternate board members appointed by the Town Council to serve in the absence of one or more regular board members when requested to do so by the Mayor or Town Manager. Each alternate board member serves for the same period as a regular board member and is subject to removal in the same manner as a regular board member. A vacancy among the alternate board members is filled in the same manner as a vacancy among the regular board members. An alternate board member serves upon the same terms and conditions as a regular board member.

e. The Board shall have a Chair and a Vice-Chair whose terms shall be one year. The Chair and Vice Chair shall be selected by a majority vote of the Construction Board of Appeals. The Chair shall preside over meetings and shall be entitled to vote upon each issue. The Vice-Chair shall assist the Chair in directing the affairs of the Board. In the absence of the Chair, the Vice-Chair shall assume the duties of the chair. The Chair and/or Vice-Chair shall keep the minutes of all meetings and may accept the assistance of Town personnel in taking and transcribing minutes.

f. Four board members shall constitute a quorum of the Board for the purpose of conducting its business, exercising its powers and for all other purposes.

3. Member Qualifications. Each board member shall reside within the Town limits. Each board member shall also be qualified by experience and/or training to consider and vote on matters within the jurisdiction of the Board and shall not be an employee of the Town. Each board member shall have any other qualification(s) as the Town Council deems necessary and appropriate. If possible, dependent upon the pool of applicants and their specific qualifications, the Board should be made up of persons with the following credentials:

a. One master electrician.

b. One representative from an electric power utility.

c. One registered design professional.

d. One professional engineer.

e. One master plumber.

f. Two alternates with architectural, building superintendent, or fire protection experience, or with any of the above credentials.

4. Meetings. The Board shall have regular meetings once a month, as needed, and other meetings as the Board, Town Council, and/or Building Official deem necessary and appropriate. The Town shall endeavor to prepare and post a regular meeting calendar for each calendar year, a minimum of 30 days prior to January 1 of that year. The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least three business days before the scheduled date of the meeting.

5. Powers and Duties.

a. Authority. The Board may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by the Building Official in the enforcement of the codes and this article, as it exists or may be amended. In exercising the Board's authority herein, the Board may reverse or affirm, in whole or in part, or modify the Building Official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the Building Official. The Board shall have no power to obligate the Town in any manner whatsoever. The Board's finances shall be handled in the same manner as any other board of the Town. The Board shall have no authority to waive any requirement contained in any of the codes.

b. Basis of Board's Decision. In order to make a finding for the appellant, the Board must make a determination that the true intent of any of the codes has been incorrectly interpreted by the Building Official; that a provision(s) of the code(s), made the subject of the appeal, does/do not fully apply; or an equally good or better form of construction of the specific code, made the subject of the appeal, is proposed. The concurring vote of four members of the Board is necessary to reverse an order, requirement, decision or determination of the Building Official.

c. Minutes. The Board shall keep and maintain minutes of any and all proceedings held and shall submit a written report of such proceedings to the Town Council not more than three weeks following each such meeting.

d. Adoption of Rules and Regulations. The Board shall have the power to develop and revise rules and regulations for its own governance. All rules and regulations adopted by the Board shall be reviewed and approved by the Town Council. The rules and regulations shall be consistent with and not in conflict with this article, the codes and/or other rules and regulations prescribed by the Town Council. The Board shall function according to the laws of the state, the codes, and the provisions of this article.

e. Written Decision. The Board shall render all decisions in writing to the appellant with a copy to the Building Official.

6. Appeals.

a. Building Official's Order, Requirement, Decision or Determination. Appeals from an order, requirement, decision or determination of the Building Official shall be made in writing to the Director of Development Services within seven working days of the order, requirement, decision or determination of the Building Official. The Director of Development Services shall notify the Building Official and the appellant of the placement of the appeal on the first available board agenda in compliance with the Texas Open Meetings Law.

b. Board's Decision. Appeals from a decision of the Board shall be made in writing to the Town Council within seven working days of the written decision of the Board. The Town Secretary shall notify the Building Official and the appellant of the placement of the appeal on the first available Town Council agenda in compliance with the Texas Open Meetings Law. The decision of the Town Council is final.

E. Summary of Approval Authorities. An exhibit representing a Summary of Major Roles and Responsibilities that provides an overview of the primary approval responsibilities outlined in this UDC is provided within the Development Manual.

[Ordinance 2026-24 adopted 4/28/2026]

§ 1.03 Universal Procedures and Provisions.

A. Development Process Overview. This section provides a general overview of a typical development process, as well as references to the appropriate sections for more information.

Step 1: Pre-application Meeting

Before submitting an application, applicants are encouraged to attend a pre-application meeting with Town staff to become familiar with the Town's development process and regulations applicable to the proposed development. See section 1.03B. Pre-application Meeting for more information.

Step 2: Zoning Review

A property's zoning designation (such as the permitted uses and dimensional standards) must align with the proposed development prior to the approval of a plat or any other development application. If a rezoning is necessary, see section 2.03B. Authority to Amend Ordinance for more information about the rezoning process.

Step 3: Subdivision and Site Plan Review

A plat is required when an applicant desires to split lots, combine lots, or move a lot line. See the flow chart in section 3.02B General Overview of the Platting Process to determine the appropriate approval process. Site work and infrastructure installation may begin during this stage. See section 3.01B Applicability for more information. For nonresidential development, the applicant may submit an application for a Preliminary Site Plan and/or Site Plan. See section 2.03H Preliminary Site Plan and section 2.03I Site Plans for more information.

Step 4: Inspection Filing, and Acceptance

Once the development is complete and all improvements are installed (or adequate security provided in accordance with section 3.03 Construction Plans and Procedures, the site will be inspected by the Town for compliance with regulations and submitted plans. Upon passing inspection, the Final Plat will be filed, lots may be sold, and the Town may formally accept public improvements for maintenance, following a two-year guarantee of the improvements. See section 3.03 Construction Plans and Procedures for more information.

Step 5: Building Permit and Certificate of Occupancy

At this stage, building permits are issued and construction of the development occurs. Upon completion and determination of compliance, the Building Official shall issue a Certificate of Occupancy authorizing that the building may be occupied. See section 2.03J Building Permit Plans and Building Permits for more information.

B. Pre-application Meeting.

1. Purpose.

a. The pre-application meeting is intended to allow for the exchange of non-binding information between the applicant and Town staff to ensure that the applicant is informed of pertinent Town development regulations and processes.

b. The pre-application meeting provides an opportunity for the applicant and Town staff to discuss major development considerations such as utilities, roadways/traffic, drainage concerns, Comprehensive Plan conformance, specific neighborhood characteristics, and historical information.

c. This exchange of information is intended to promote an efficient and orderly review process.

2. Meeting.

a. Prior to formal application for approval of any required plan, the applicant may wish to consult with the Director of Development Services, the Building Official, the Director of Engineering Services, and any other pertinent Town officials in order to become familiar with the Town's development regulations and the development process.

b. At the pre-application meeting, the developer may be represented by their land planner, engineer, surveyor, or other qualified professional.

c. The applicant is encouraged to bring any relevant site development information, such as a Site Plan, plat, or other documents to the meeting.

C. Application Processing.

1. Initiation of Application.

a. Initiation by Owner or Owner's Agent.

i. Unless provided by this UDC, an application may be initiated only by the property owner, owner of an interest in the land, or by the owner's designated agent.

ii. If the applicant is a designated agent, the application shall include a written statement from the property owner authorizing the agent to file the application on the owner's behalf.

iii. The Director of Development Services may require submission of documents, such as an affidavit from the owner, to provide evidence of ownership or agency.

b. Initiation by Town Manager. The Town Manager can initiate any application authorized under this UDC.

2. Application Requirements.

a. Application Contents.

i. The Town is authorized to prepare application forms that include information requirements, checklists, architectural or engineering drawing sizes, applicant contact information, and any other information necessary to show compliance with Town codes. All application forms are available from the Development Services Department and/or on the Town's website.

ii. Applications shall be signed by all property owners (including all parties having an equitable interest, trustees of an estate or all persons having a specific power of attorney) for the subject property, as recorded in the County Clerk's Office.

iii. Any pending litigation of any final order entered by any court of law regarding the ownership of the subject property shall be disclosed by the applicant at the time that the application is submitted.

b. Application Fees.

i. The Town Council shall adopt a Fee Schedule, which may be amended from time to time for the purpose of recovering the administrative costs associated with development requests.

ii. Every application shall be accompanied by the prescribed fees set forth in the adopted Fee Schedule.

iii. Unless waived by the Town Council or permitted by the Fee Schedule, the prescribed fee shall not be refundable unless it was submitted in error.

c. Applications shall be submitted to the Director of Development Services, in accordance with the instructions indicated on the Town's website.

3. Official Filing Date, Completeness of Application, and Expiration of Application. The following shall apply to any application (e.g., Preliminary Site Plan, Building Permit Plan, Site Plan, plat) submitted in accordance with this UDC:

a. Official Filing Date. The time period established by state law or this UDC for processing or deciding an application shall commence on the official filing date. The official filing date is the date that a complete application is received by the Town.

b. Determination of Completeness. Every plan application shall be subject to a determination of completeness within 10 business days by the Director of Development Services for processing the application.

i. No required plan application shall be accepted by the Director of Development Services for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this UDC.

ii. The incompleteness of the plan application shall be grounds for denial of the application.

iii. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.

iv. A determination of completeness shall be made by the Director of Development Services in writing and delivered to the applicant no later than the tenth business day after the official filing date that the required plan application is submitted to the Town.

(a) The applicant shall be notified within that 10-business-day period of the determination of completeness.

(b) If the required plan application is determined to be complete, the application shall be acted upon in the proper manner as prescribed by this UDC.

(c) If the required plan application is determined to be incomplete, the notification shall specify the documents or other information needed to complete the application and shall state the date the application will expire (see subsection c. Expiration of Application below) if the documents or other information is not provided.

(d) A required plan application shall be deemed complete on the eleventh business day after the application has been received if the applicant has not otherwise been notified that the application is incomplete.

c. Expiration of Application. The required plan application shall expire on the forty-fifth calendar day after the date the application is filed if:

i. The applicant fails to provide documents or other information necessary to comply with the Town's requirements relating to the required plan application;

ii. The Town provides to the applicant, not later than the tenth business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and

iii. The applicant fails to provide the specified documents or other information within the time provided in the notification. If the required plan application is not completed by the 45th calendar day after the application is submitted to the responsible official, the required plan application will be deemed to have expired, and it will be returned to the applicant together with any accompanying applications.

d. Resubmittal. If the required plan application is resubmitted after a notification of incompleteness, the time frame for a determination of completeness described in subsection C.3.b.iv above shall begin on the date of the resubmittal of the required plan application.

4. 30-Day Time Frame for Plat Approvals.

a. Right to 30-day action for a completed plat application begins on the official submission date. The statutory 30-day time frame for plat approvals, established by Texas Local Government Code Chapter 212, shall commence on the filing date.

b. Extension of Right to 30-day Action. Pursuant to Texas Local Government Code § 212.009(b-2), as amended, upon application in writing by the applicant, the Planning and Zoning Commission may approve one or more extensions of right to 30-day action, each such extension not to exceed 30 additional days.

5. Payment of All Indebtedness Attributable to the Subject Property.

a. No person who owes delinquent taxes, delinquent paving assessments, or any other fees, delinquent debts or obligations or is otherwise indebted to the Town, and which are directly attributable to a piece of property shall be allowed to submit any application for any type of rezoning, building permit, or plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the Town shall have been first fully discharged by payment, or until an arrangement satisfactory to the Town has been made for the payment of such debts or obligations.

b. It shall be the applicant's responsibility to provide evidence or proof that all taxes and fees have been paid, or that other arrangements satisfactory to the Town have been made for payment of said taxes and fees.

D. Amendments to the UDC.

1. Petitions for Amendments.

a. Any person or corporation having a proprietary interest in any property may petition the Town for an amendment to this UDC's text.

b. The Planning and Zoning Commission may, on its own motion or on request from the Town Council, study and propose amendments for the Town Council's consideration.

2. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission shall provide a recommendation regarding proposed UDC amendments following a recommendation by the Director of Development Services and a public hearing.

3. Town Council Decision. Following Planning and Zoning Commission recommendation, the Town Council shall decide on proposed UDC amendments following a public hearing held in accordance with the Town Secretary's typical time frames and processes. If the Planning and Zoning Commission recommends a denial, the approval from the Town Council shall require a supermajority vote to overrule it.

E. Plan or Permit Validity and Expiration.

1. Generally.

a. A Preliminary Site Plan, Site Plan, or Building Permit Plan shall be considered a "permit" as described in Texas Local Government Code § 245.005.

b. Any approved plan or permit shall be deemed expired one year from the date on which the plan or permit was originally approved if no progress has been made toward completion of the project.

2. Progress Benchmarks. The term "progress" shall be as defined based on Texas Local Government Code § 245.005 as follows:

a. Plans for construction and an application for a Building Permit for at least one of the buildings on the approved plan or permit are submitted within one year following approval of the plan or permit;

b. A good-faith attempt is made to file with the Town an application for a permit necessary to begin or continue towards completion of the project;

c. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of 5% of the most recent appraised market value of the real property on which the project is located;

d. Fiscal security is posted with the Town to ensure the performance of an obligation required by the Town; or

e. Utility connection fees or impact fees for the project have been paid to the Town.

3. Expiration. If one of the items listed in subsection E.2. is not accomplished within the one-year period, then the approved plan or permit shall expire and shall become null and void.

4. Extension and Reinstatement Procedure.

a. Prior to the lapse of approval for a plan or permit, the applicant may petition the Town (in writing) to extend the plan or permit approval.

b. Such petition shall be granted approval or denial by the Director of Development Services.

c. If no petition is submitted, then the plan or permit shall be deemed to have expired and shall become null and void. Any new request for plan or permit approval shall be deemed a new permit, and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

d. In determining whether to grant a request for extension, the Director of Development Services shall take into account:

i. The reasons for the lapse;

ii. The ability of the property owner to comply with any conditions attached to the original approval; and

iii. The extent to which development regulations would apply to the plan or permit at that point in time.

[Ordinance 2026-24 adopted 4/28/2026]