§ 25-1-554. DORMANT PROJECTS.

(A)

This section is adopted under Section 245.005 of the Local Government Code to provide expiration dates for permits that lack an expiration date under applicable regulations. This section does not apply to a permit that is subject to an expiration date under the regulations applicable to the permit. For purposes of this section, a permit that is not subject to an expiration date is an "unexpired permit."

(B)

If an unexpired permit was approved prior to May 11, 2000, then the permit expired on May 11, 2004, unless the applicant submits evidence sufficient to show that progress towards completion of the project was made under Subsection (D) of this section prior to May 11, 2000.

(C)

If an application for an unexpired permit was submitted after September 5, 2005, then the permit expires five years after the permit was approved unless the applicant submits evidence sufficient to show that progress towards completion of the project was made prior to that date under Subsection (D) of this section.

(D)

For purposes of this section, progress towards completion of a project includes any one of the following:

(1)

an application for a final plat or plan is submitted to a regulatory agency;

(2)

a good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;

(3)

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 percent of the most recent appraised market value of the real property on which the project is located;

(4)

fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or

(5)

utility connection fees or impact fees for the project have been paid to a regulatory agency.

(E)

If the first permit in a series of permits for a project expires based on dormancy of the project, then it cannot form the basis of a vested rights petition.

Source: Ord. 20140612-084, Pt. 2, 6-23-14 .