(a)

Introduction. V.T.C.A., Local Government Code Ch. 245, Issuance of Local Permits, commonly referred to as the state's "Vested Rights Law", provides an opportunity for landowners or developers to "grandfather" or "vest" government regulations that apply to development at the time of the filing of a permit application. The city has established in this section an administrative procedure for consideration of any claim of a vested right.

(b)

Definitions. The following terms shall have the meaning hereinafter ascribed to them under this section:

LGC or [V.T.C.A., Local Government Code] means the Texas Local Government Code.

Permit means a license, certificate, approval, registration, consent, permit, contract, or other agreement for construction related to, or provisions of, service from a water or wastewater utility owned, operated, or controlled by the city, or other form of authorization required by law, rule, regulation, order or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought (i.e., subdivision master plan, preliminary plat, or final plat).

Project means an endeavor over which the city (a regulatory agency, as defined by V.T.C.A., Local Government Code Ch. 245) exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.

(c)

Administrative procedure for consideration of claim of vested rights. Any property owner claiming vested rights under V.T.C.A., Local Government Code Ch. 245, or other applicable vesting law, shall submit a letter explaining in sufficient detail the basis upon which the property owner is claiming vesting and, consequently, is exempt from or not subject to a particular current regulation, ordinance, rule, expiration date, or other requirement. Such written submission shall include, at a minimum, the following:

(1)

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

(2)

Identification of the property, including the address (if it exists) and the plat reference (if it exists) or metes and bounds (if not platted), for which the property owner claims a vested right;

(3)

Provide project name, type of permit and date the permit was filed;

(4)

If a property owner claims that certain regulations do not apply to the project, the property owner must identify, with particularity, all requirements that the property owner claims do not apply; and

(5)

Attach all supporting documents, if any.

(d)

Vested rights determination. The city administrator will review the request and supporting documents and issue a final administrative determination of whether a vested right exists in relation to the project and shall identify in writing to the property owner all claims for which vested rights have been granted (the "vested rights determination").

(e)

Appeal of vested rights determination. If the property owner believes that the vested rights determination is in error, the property owner shall have the right to appeal such vested rights determination to the city council, which will have jurisdiction to hear and decide the appeal pursuant to this ordinance and V.T.C.A., Local Government Code Ch. 245.

(f)

Permits, projects and vested rights.

(1)

A property owner's original permit application expires on or after the 45th calendar day after the date the application is submitted if:

a.

The property owner fails to provide documents or other information necessary to comply with the city's technical requirements relating to the form and content of the permit application;

b.

The city provides to the property owner, not later than the tenth business day after the date the application is filed, written notice of the failure 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

c.

The property owner fails to provide the specified documents or other information within the time provided in the written notice.

(2)

Permits and projects expiration.

a.

Only a project which was in progress (as defined by V.T.C.A., Local Government Code Ch. 245) or for which a permit application was filed after September 1, 1997, may be eligible to claim vested rights; any project for which the permit application was filed prior September 1, 1997, or has expired, is not eligible. Vested rights do not begin to accrue until the filing of an original application or subdivision master plan or plat application that gives the city fair notice of the project to which the permit applies and the nature of the permit sought.

b.

A project will expire in five years from the date the first permit application was filed for the project with city if progress, as defined in V.T.C.A., Local Government Code Ch. 245, has not been made towards completion of the project. An expired project is considered dormant, vested rights lapse, and the project must comply with all current ordinances and requirements.

c.

The following permits (as well as other permits satisfying the requirements of V.T.C.A., Local Government Code Ch. 245), which include plat applications and plats, may be relied on by a property owner or developer to establish certain vested rights for a project unless otherwise exempted by V.T.C.A., Local Government Code § 245.004 or its successor statute. A project will expire in five years from the date the first permit application was filed for the project with the city if progress, as defined in V.T.C.A., Local Government Code § 245.005 or its successor statute, has not been made towards completion of the project. An expired project is considered dormant, vested rights lapse, and the project must comply with current ordinances and requirements.

1.

Plat applications. Vested rights under V.T.C.A., Local Government Code Ch. 245 will be recognized for the project that is the subject of a completed application for a plat that has been filed with the city, provided all necessary fees have been paid.

2.

Plats. Vested rights under V.T.C.A., Local Government Code Ch. 245 will be recognized for a project associated with the property which is the subject of a plat that has been approved by the city council or official for the city provided that fair notice is provided with the plat application in accordance with V.T.C.A., Local Government Code Ch. 245.

3.

Other permits. For the purposes of determining whether any vested rights exist, any other permit for which an expiration date is not specifically set forth in this Code of Ordinances or in other applicable law shall expire two years after the date the application for the permit was filed with the city if progress, as defined in V.T.C.A., Local Government Code § 245.005, has not been made towards completion of the project.

(Ordinance 2023-18, § 2(Exh. A), adopted 8/17/23)