2.3.1   Existing Land Use upon Annexation

Vested rights in land use in existence upon annexation shall be governed by Texas Local Government Code, Chapter 43, as amended, and other applicable State law.

2.3.2   Site Plan—Validity and Expiration

A.

Site Plan Validity and Lapse of Approval. A Site Plan shall be considered a "permit" as described by State law in Chapter 245, as amended, of the Texas Local Government Code.

(1)

Valid for Two Years. Any City approved Site Plan shall be deemed expired two (2) years from the date on which the Site Plan was originally approved by the City if no progress has been made toward completion of the project. Any County approved Site Plan shall be deemed expired two (2) years from the date on which the property covered by the Site Plan is annexed by the City if no progress has been made toward the completion of the project.

(2)

Progress Benchmarks. The term "progress" shall be as defined by Texas Local Government Code Chapter 245.005, as amended, and progress shall be deemed to have taken place if one or more of the following have occurred:

(a)

Plans for construction and an application for a building permit for at least one of the buildings on the approved Site Plan are submitted within two (2) years following approval of the Site Plan;

(b)

A good-faith attempt is made to file with the City 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 five (5) percent of the most recent appraised market value of the real property on which the project is located;

(d)

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

(e)

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

(3)

Expiration. In the event that "progress", as defined above, has not occurred within a two (2) year period as required by this Section, an approved Site Plan shall be deemed expired in accordance with A above.

(4)

Extension and Reinstatement Procedure.

(a)

Prior to the expiration of a Site Plan, the applicant may petition the City (in writing) to extend the expiration date of the Site Plan for a period of one (1) year from the date of approval of such extension.

(b)

A petition for extension of a Site Plan expiration date shall be submitted to the Planning Director at least forty-five (45) days prior to such expiration date. The Planning Director shall be the responsible official to approve or deny the request. Appeals of a denial shall be processed in the manner outlined in 4.5.2A(5)(b).

(c)

If a Site Plan was approved administratively, then the administrative official responsible for approving the site plan shall have authority to grant up to a two (2) year extension.

(d)

In determining whether a request for extension should be recommended and/or granted, the City Manager and/or the Planning Director shall consider all facts and information that it deems pertinent, including without limitation, the following:

(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 Site Plan at that point in time.

(e)

If a petition is not submitted and approved in a timely manner in accordance with this Section, then the Site Plan shall be deemed to have expired and shall become null and void. Any new request for Site Plan approval thereafter 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 be reviewed for compliance with the ordinances and regulations in effect on the date that the new application is submitted to the City for approval.

B.

Planned Development (PD) Concept Plans, Validity and Expiration. In conformance with Texas Local Government Code Chapter 245, as amended, the applicant shall retain the following rights related to a Concept Plan for a PD.

(1)

Valid for Two Years. All PD Concept Plans shall expire two (2) years from the date of City Council approval of the PD Ordinance unless a preliminary plat is filed for a buildable lot in the PD.

(2)

Progress Benchmarks. The term "progress" shall be as defined by Texas Local Government Code Chapter 245.005, as amended, and progress shall be deemed to have taken place if one or more of the following have occurred:

(a)

Plans for construction and an application for a building permit for at least one of the buildings on the approved Concept Plan are submitted within two (2) years following approval of the Concept Plan;

(b)

A good-faith attempt is made to file with the City 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 five (5) percent of the most recent appraised market value of the real property on which the project is located;

(d)

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

(e)

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

(3)

Expiration. In the event that "progress", as defined above, has not occurred within a two (2) year period as required by this Section, an approved Concept Plan shall be deemed expired in accordance with A above.

(4)

Extension and Reinstatement Procedure.

(a)

Prior to the expiration of a Concept Plan, the applicant may petition the City (in writing) to extend the expiration date of the Site Plan for a period of one (1) year from the date of approval of such extension.

(b)

A petition for extension of a Concept Plan expiration date shall be submitted to the Planning Director at least forty-five (45) days prior to such expiration date. The Planning Director shall be the responsible official to approve or deny the request. Appeals of a denial shall be processed in the manner outlined in 4.5.2A(5)(b).

(c)

If a Concept Plan was approved administratively, then the administrative official responsible for approving the site plan shall have authority to grant up to a two (2) year extension.

(d)

In determining whether a request for extension should be recommended and/or granted, the City Manager and/or the Planning Director shall consider all facts and information that it deems pertinent, including without limitation, the following:

(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 Concept Plan at that point in time.

(e)

If a petition is not timely submitted and approved in accordance with this Section, then the Site Plan shall be deemed to have expired and shall become null and void. Any new request for Site Plan approval thereafter 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 be reviewed for compliance with the ordinances and regulations in effect on the date that the new application is submitted to the City for approval.

2.3.3   Vested Rights Request

A.

Any property owner who believes that he has obtained a vested right under Chapter 245 of the Texas Local Government Code, as amended, shall submit to the City Secretary a letter explaining the factual and legal bases upon which the property owner relies in his contention that he has a particular vested right and, consequently, is exempt or not subject to a particular City order, regulation, ordinance, rule, expiration date, or other properly adopted requirement (hereinafter referred to collectively as "regulations"). Such written submission shall include, at a minimum, the following:

(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 property owner claims a vested right;

(3)

Identification of the "project," as that term is defined in the Texas Local Government Code, Chapter 245, as amended;

(4)

Identification of the original application for the first permit in the series of permits required for the project, as described in the Texas Local Government Code, Chapter 245, as amended;

(5)

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

(6)

A chronology of the history of the project, with specific facts establishing that the project was in progress on or commenced after September 1, 1997, as required in the Texas Local Government Code, Chapter 245, as amended;

(7)

Identification of all City regulations in effect at the time the original application for the permit was filed that (a) the owner contends are vested and (b) the owner contends control the approval, disapproval, or conditional approval of an application for a permit, as required in the Texas Local Government Code, Chapter 245, as amended; and

(8)

Identification of all City regulations that the property owner contends do not apply to the project due to the vested rights provided the property owner by Chapter 245 of the Texas Local Government Code, as well as all City regulations that the property owner believes predate the commencement date of his vested rights claim and therefore are applicable to his project. This portion of the written submission shall be in accordance with the requirements of B below.

B.

A written submission that fails to comply with the any one or more of the requirements under A above shall be deemed incomplete and therefore ineligible for review under this Section.

2.3.4   Vested Rights Determination

The City Secretary shall promptly forward the owner's vested rights request pursuant to 2.3.3 Vested Rights Request, along with any supporting information or documentation provided along with the request, to the City Manager and City Attorney for their respective reviews. The City Manager, after consultation with the City Attorney, within sixty (60) business days shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied. Prior to rendering his final determination, the City Manager 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 City Manager.

2.3.5   Vested Rights Appeals to the City Council

If the property owner believes that the City Manager's vested rights determination is in error, the property owner shall have the right to appeal such determination to the City Council, which shall have jurisdiction to hear and decide the appeal. The property owner shall have thirty (30) business days after the date of the City Manager's vested rights determination to file his appeal or the decision of the City Manager shall be final. The City Council shall make a determination on the property owner's request within sixty (60) days. The decision of the City Council shall be final.