A. Definitions. See
§ UDC-1.5.2A.
B. Expiration date established for an initial permit. Any application for an Initial Permit that was approved or filed two (2) years prior to the adoption date of this UDC and was not subject to an expiration date shall expire on the effective date of this UDC (see TLGC Chapter 245.005(b)).
C. Reinstatement of an expired initial permit.
1. The property owner of the land subject to an Initial Permit that expires under subsection B, above, may petition the City Council to reinstate such Initial Permit by filing a written petition within one (1) year following the effective date of this UDC.
2. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation demonstrating that as of two (2) years prior to the effective date of this UDC, one or more of the following had occurred:
(i) A Final Permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the approved Initial Permit and was approved by the City, or was filed and was subsequently approved by the City;
(ii) An application for a Final Permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the expired Initial Permit, but such application was rejected on grounds of incompleteness (consistent with TLGC Section 245.005(c)(2));
(iii) Costs for development of the land subject to the Initial Permit, including costs associated with roadway, utility, and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land;
(iv) Fiscal Security was posted with the City to guarantee performance of obligations required under the UDC, including the construction of required Public Facilities associated with the proposed development, for all or a part of the land subject to the approved Initial Permit; or
(v) Utility connection fees for all or part of the land subject to the approved Initial Permit were paid to the City.
D. City Council action on reinstatement of a dormant project's expired Initial Permit. In deciding on the reinstatement, the City Council may take one of the following actions:
1. Reinstate the expired Initial Permit without an expiration date, if it finds that the Subdivider has met any one of the criteria listed in Subsection C, above.
2. Reinstate the expired Initial Permit for all or part of the land subject thereto, if it finds that the applicant has met any one of the criteria listed in Subsection C, above.
3. In granting relief under this provision, the City Council may require that development of such remaining land be subject to future standards enacted after approval of the Initial Permit.
4. Deny the reinstatement petition, if it finds that the applicant has failed to meet any of the criteria in Subsection C; or
5. Reinstate the permit for only that part of the land subject to a pending Final Permit application, if it finds that the Subdivider has met the criteria in Subsection C and the pending application subsequently was approved, and deny the reinstatement petition for the remaining land subject to the expired Initial Permit.
6. As a condition of approval, the Council may establish expiration dates consistent with TLGC Section 245.005 or other conditions that ensure that the remaining undeveloped land that is not subject to an approved or pending Final Permit application will be developed in a timely fashion.
See also
§ UDC-3.5.4J for more information.
