A. Purpose. In accordance with TLGC Chapter 245 or successor statute, the purpose of a Vested Rights Petition is to determine whether an application should be processed under the terms of a previous ordinance, to provide a process for determination of possible vested status, and to determine when certain permits are subject to expiration.
B. Applicability of a vested rights petition.
1. Any application. A Vested Rights Petition may be submitted for any application authorized under this UDC.
2. Prohibit joint submission. A Vested Rights Petition cannot be submitted by the Applicant along with submission of a request for a text amendment to this UDC, a Zoning Map amendment, or any other request for a legislative decision by the City Council (see
§ 3.1.8: Amendment to zoning map or text.).
3. Land and use upon annexation. Vested rights in land use upon annexation shall be governed by TLGC Section 43.002, as amended.
1. Filing.
(i) A Vested Rights Petition shall be submitted to the Planning Director and shall be in accordance with TLGC Chapter 245 or successor statute.
(ii) Upon receipt of a Vested Rights Petition, the Planning Director will consult with the City Attorney.
2. Effect on 30-day timeline for approval. The City will not issue a Certificate of Completeness for any application considered under this UDC affected by a Vested Rights Petition for the subject property until the Vested Rights Petition is decided. If the need for a petition is decided and submitted following the issuance of a Certificate of Completeness, and no Waiver of Right to 30-Day Action has been submitted to the City in accordance with
§ UDC-1.4.2E.2, the application automatically is forwarded to the Planning & Zoning Commission with a recommendation for denial.
1. A Vested Rights Petition must be submitted jointly with or prior to an application for which a vested right is claimed.
2. A Vested Rights Petition may be filed without a joint application if the petition is filed pursuant to
§ 1.5.2: Dormant projects and expiration.
3. Where more than one application is authorized to be filed simultaneously by this UDC, the petition may be filed simultaneously for each application.
E. Petition requirements.
The Vested Rights Petition must allege in writing that the Applicant has a vested right for some or all of the land subject to the application under TLGC Chapter 245 or successor statute, or pursuant to TLGC Section 43.002 or successor statute or other applicable law, that requires the City to review and decide the application under standards that were in effect prior to the effective date of the currently applicable standards or prior to annexation of the property by the City.
1. The petition must include the following information and documents:
(i) The name, mailing address, phone number and email of the Applicant.
(ii) Legal Description of the property for which the person claims a vested right.
(iii) Identification of the project, as that term is defined in TLGC Section 245.001(3), and the permit application, permit, or plan for development giving rise to the project.
(iv) A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific standard or to an entire project;
(v) A copy of each approved or pending application that is the basis for the contention that the City may not apply current standards to the application that is the subject of the petition;
(vi) The Official Vesting Date of the application;
(vii) The date the subdivision for which the application was submitted was commenced;
(viii) Identification of all standards from which relief is sought;
(ix) Identification of any current standards that the Applicant asserts can be applied to the application at issue;
(x) A narrative description of how the application of current standards affect proposed landscaping or park dedication, shown on the application for which the petition is filed;
(xi) A copy of any prior vested rights determination involving the same land; and
(xii) Whenever the Applicant alleges that an application subject to expiration should not be terminated, a description of the events constituting Progress Towards Completion of the Project for which the application was approved.
F. Decision on a vested rights petition.
1. Review of vested rights petition.
(i) The Responsible Official for a Vested Rights Petition is the same as that for reviewing the application with which the petition is associated.
(ii) Where multiple applications are submitted, and there is more than one Responsible Official, the decision of each Responsible Official will be coordinated with that of any other Responsible Official on the Vested Rights Petition.
(iii) The City Attorney will also be notified of the Vested Rights Petition following its filing and acceptance for processing.
(iv) The Applicant must reimburse the City for all related legal costs for review of a Vested Rights Petition. This reimbursement must be paid in full prior to consideration of approval of the application for which the Vested Rights Petition was filed.
2. Decision by the responsible official on a subdivision vested rights petition.
(i) The Responsible Official will decide the petition according to the criteria listed in
§ UDC-1.5.1G, whether the relief requested in the Vested Rights Petition should be granted in whole or in part, and shall formulate a written report summarizing the decision along with reasons for approval or denial of the petition.
(ii) The applicant shall be notified within forty-five (45) business days following the date the Vested Rights Petition was filed at the City of the Responsible Official's determination or decision to defer the application to the Planning and Zoning Commission.
(iii) In the event the Responsible Official opts to defer the decision on the Vested Rights Petition to the Planning and Zoning Commission, the Petition will be placed on the agenda of the next regularly scheduled Commission meeting.
3. Decision by the Commission on a vested rights petition.
(i) If the Responsible Official defers the decision on a Vested Rights Petition, the Responsible Official will submit a report in the form of a recommendation on the petition to the Commission.
(ii) The Commission shall decide according to the criteria listed in
§ UDC-1.5.1G and vote to approve in whole or in part or to deny the petition by a simple majority vote of the full Commission's voting members.
4. Appeal to the Council of a decision on vested rights petition.
(i) For an applicant-initiated appeal.
(1) The Applicant may appeal the decision of the Responsible Official or the Commission, if the decision on the Vested Rights Petition was deferred by the Responsible Official, to the City Council by submitting written notice of appeal to the Responsible Official within ten (10) business days following the date of such decision.
(2) If Council does not make a decision upon the appeal within sixty (60) calendar days, the appeal is considered denied and the decision of the Responsible Official or Commission upheld.
(3) A letter stating the reasons for the appeal, citing the specific applicable section(s) of the UDC, must be submitted by the applicant.
(ii) For a City Council-initiated appeal.
(1) No fewer than four (4) voting members of the City Council may appeal the Responsible Official's or Commission's decision on the Vested Rights Petition to the entire City Council by submitting written notice of appeal to the Responsible Official within ten (10) business days following the date of such decision.
(2) The Council will consider and act on whether it will appeal the decision at its first regular meeting (for which there is time to include such appeal on its posted agenda, as required by State Law) that occurs after the date at which the decision was made.
(3) Written notice of the City Council's vote to appeal shall be submitted to the Responsible Official within seven (7) calendar days following the City Council's vote to appeal the decision.
(4) The City Council will hear and decide the appeal within sixty (60) calendar days following receipt of the notice of appeal by the City.
(iii) The Council will decide according to the criteria listed in
§ UDC-1.5.1G and vote to approve in whole or in part or to deny the petition by a simple majority vote of the full Council.
(iv) The Council's decision shall be final.
G. Criteria for vested rights petition approval. See
§ UDC-1.5.1G.
H. Action and record of action on the vested rights petition.
1. Action. The Decision-Maker may take any of the following actions:
(i) Deny the relief requested in the petition, and direct that the application be reviewed and decided under currently applicable standards; or
(ii) Grant the relief requested in the petition, and direct that the related application be reviewed and decided in accordance with the standards contained in identified prior regulations; or
(iii) Grant the relief requested in part, and direct that certain identified current standards be applied to the related application, while standards contained in identified prior regulations also shall be applied.
2. Record. The City Secretary shall record, in writing, the Responsible Official's determination on the Vested Rights Petition; the determination must identify the following:
(i) The nature of the relief granted, if any;
(ii) The related application(s) upon which relief is premised under the petition;
(iii) Current standards that shall apply to the related application for which relief is sought, if applicable;
(iv) Prior standards that shall apply to the related application for which relief is sought, including any procedural standards, if applicable;
(v) The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and
(vi) To the extent feasible, subsequent related applications that are subject to the same relief granted on the petition.
I. Effect of the final petition decision on related applications.
1. Petition decision required before proceeding with application. A final decision on the Vested Rights Petition must be achieved prior to further processing, and prior to any consideration of, or decision on, the related application.
2. Revision made (if necessary) to related application after petition decision. Following the City's final decision on a petition, the Subdivider shall, if necessary, revise the related application such that it conforms to the City's decision on the petition.
3. Related applications with revisions. After submission of a revised related application, the Decision-Maker on the related application will review and consider the revised application in accordance with the procedures for deciding that type of application, as outlined in this UDC, and in conformity with any relief granted under this subsection.
4. Related applications without revisions. If the relief granted on the petition is consistent with the related application on file, no revisions shall be necessary, and the related application shall be deemed submitted at the time of the final decision on the petition.
J. Expiration and extension of a vested rights petition.
1. Expiration. Relief granted on a Vested Rights Petition will expire on occurrence of one of the following events:
(i) The Subdivider fails to submit a revised application that is consistent with the relief granted, if any, within sixty (60) business days following the final decision on the petition;
(ii) The application for which relief was granted on the petition is denied; or
(iii) The application for which relief was granted on the petition expires.
2. Extension. Extension of the date of expiration for the application for which relief was granted on a petition shall result in extension of the relief granted on the petition for the same time period.
