1. Filing.

a. A Subdivision Vested Rights Petition shall be submitted to the City's Responsible Official and shall be in accordance with the Texas Local Government Code, Chapter 245 or successor statute.
b. Upon receipt of a Subdivision Vested Rights Petition, the Responsible Official shall consult with the City Attorney.

2. Automatic Waiver. Submission of a Subdivision Vested Rights Petition shall require a Waiver of Right to 30-Day Action (See § UDC-3.02.01D).
3. Stay of Further Proceedings. Submission of a Subdivision Vested Rights Petition shall stay further proceedings on the related Application until a final decision is reached on the Subdivision Vested Rights Petition.
 

D. Time for Filing a Petition and Application.

1. A Subdivision Vested Rights Petition shall be filed jointly with an Application for which a vested right is claimed.
2. A Subdivision Vested Rights Petition may be filed without a joint Application if the petition is filed pursuant to K below.
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 Subdivision Vested Rights Petition shall allege in writing that the Applicant has a vested right for some or all of the land subject to the Application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, 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. The petition shall include the following information and documents: See § UDC-3.06.03E.1 for a list of requirements.

F. Decision of a Subdivision Vested Rights Petition.

1. Reviewing a Subdivision Vested Rights Petition.

a. The Responsible Official for a Subdivision Vested Rights Petition is the same as that for reviewing the Application with which the petition is associated.
b. Where multiple Applications are submitted, and there is more than one Responsible Official, the decision of each Responsible Official shall be coordinated with that of any other Responsible Official on the Subdivision Vested Rights Petition.
c. The City Attorney shall also be notified of the Subdivision Vested Rights Petition following its filing and acceptance for processing.
d. The Applicant shall reimburse the City for all related legal costs for review of a Subdivision Vested Rights Petition. This reimbursement shall be paid in full prior to filing of the Final Plat.

2. Decision by the Responsible Official on a Subdivision Vested Rights Petition.

a. If the Responsible Official is the Decision-Maker on the original related Application, that official shall determine whether the relief requested in the Subdivision Vested Rights Petition should be granted in whole or in part, and shall formulate a written report summarizing the Decision-Maker's reasoning and recommendation.
b. The Applicant shall be notified of the decision within fourteen (14) calendar days following the date the Subdivision Vested Rights Petition was filed at the City.
c. The Responsible Official may defer making a decision on the Subdivision Vested Rights Petition and instead forward the petition to the Commission for a decision, in accordance with the process outlined in 3 below.

3. Decision by Commission on a Subdivision Vested Rights Petition.

a. If the original related Application is to be decided by the Commission, or if the Responsible Official defers making a decision on a Subdivision Vested Rights Petition pursuant to 2.c above, the Responsible Official for that type of Application shall submit a report in the form of a recommendation on the petition to the Commission.
b. The Commission shall render a decision on the petition within thirty (30) calendar days following the date the petition was filed at the City or deferred by the Responsible Official.
c. The Commission's decision on a petition shall be upon a simple majority vote of the full Commission's voting members.

4. Decision by City Council on a Subdivision Vested Rights Petition.

a. Where the City Council is the final Decision-Maker on the related Application, or for any petition submitted pursuant to K below, the Responsible Official for that type of Application shall submit a report in the form of a recommendation on the petition to the City Council.
b. The City Council shall render a decision on the petition within thirty (30) calendar days following the date the petition was filed at the City.
c. The City Council's decision on a petition shall be upon a simple majority vote of the full City Council's voting members, and shall be final.

5. Appeal to the Council of a Decision on Subdivision Vested Rights Petition.

a. For an Applicant-Initiated Appeal.

i. The Applicant may appeal the Responsible Official's or Commission's decision on the Subdivision Vested Rights Petition to the City Council by submitting written notice of appeal to the applicable Responsible Official within fourteen (14) calendar days following the date of such decision.
ii. A letter stating the reasons for the appeal, citing the specific applicable section(s) of the UDC, shall be submitted by the Applicant.

b. For a City Council-Initiated Appeal.

i. No less than four (4) voting members of the City Council may appeal the Responsible Official's or Commission's decision on the Subdivision Vested Rights Petition to the entire City Council by submitting written notice of appeal to the applicable Responsible Official within fourteen (14) calendar days following the date of such decision.
ii. The Council shall 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.
iii. Written notice of the City Council's vote to appeal shall be submitted to the Director of Planning within seven (7) calendar days following the City Council's vote to appeal the decision.

c. The City Council shall hear and decide the appeal within thirty (30) calendar days following receipt of the notice of appeal by the City.
d. Approval of an appeal by the City Council shall only be upon a favorable vote of at least four (4) of the City Council's voting members, and shall be final.

G. Criteria for Subdivision Vested Rights Petition Approval.

1. Factors. The Decision-Maker shall decide the Subdivision Vested Rights Petition based upon the following factors:

a. The nature and extent of prior Applications filed for the land subject to the petition;
b. Whether any prior vested rights determinations have been made with respect to the property subject to the petition;
c. Whether any prior approved Applications for the property have expired or have been terminated in accordance with State law or local ordinances;
d. Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed Application;
e. Whether any statutory exception applies to the standards in the current Subdivision Regulations and Development Standards from which the Applicant seeks relief;
f. Whether any prior approved Applications relied upon by the Applicant have expired; and
g. Any other applicable provisions outlined in Chapter 245 or Section 43.002 of the Texas Local Government Code, or successor statutes.

2. Conditions for a Pending Application. If the claim of vested rights is based upon a pending Application, subject to standards that have been superseded by current standards of this UDC, the Decision-Maker may condition any relief granted on the Subdivision Vested Rights Petition on the approval of the pending Application.
 

H. Action and Record of Action on the Subdivision Vested Rights Petition.

1. Action. The Decision-Maker may take any of the following actions:

a. Deny the relief requested in the petition, and direct that the Application shall be reviewed and decided under currently applicable standards; or
b. 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
c. 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 Responsible Official's report and the decision on the Subdivision Vested Rights Petition shall be recorded in writing in an order identifying the following:

a. The nature of the relief granted, if any;
b. The related Application(s) upon which relief is premised under the petition;
c. Current standards which shall apply to the related Application for which relief is sought, if applicable;
d. Prior standards which shall apply to the related Application for which relief is sought, including any procedural standards, if applicable;
e. The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and
f. 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 Subdivision 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 Applicant 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 shall 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.
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 Subdivision Vested Rights Petition. See § UDC-3.06.03J for details.
K. Dormant Projects. See § UDC-3.06.03K for details.