§ 35-714. Dormant Projects.

(a)

Purpose. The purpose of this section is to provide an expiration date for permits approved prior to this chapter which lack an expiration date, as provided in Chapter 245, § 245.005.

(b)

Applicability. The provisions of this section apply to any permit if as of the first anniversary of the effective date of Chapter 245: (i) the permit does not have an expiration date; and (ii) no progress has been made towards completion of the project, as defined in Texas Local Government Code § 245.005.

Commentary: Texas Local Government Code § 245.005 defines "progress towards completion" as any 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 (5%) 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.

(c)

Expiration of Dormant Projects. A dormant project, as defined in subsection (b) above, shall expire on one of the following dates, whichever comes later:

(1)

May 11, 2004 (the fifth anniversary of the effective date of Chapter 245), provided that a valid project existed on May 11, 2000 and no progress towards completion of the project has been made by May 10, 2004; or

(2)

The expiration date established by applying the subsection entitled "scope of approval" in the regulations pertaining to the permit as established in article IV; or

(3)

The expiration date for a permit subject to section 35-711 of this article for any eligible permit as set forth in subsection 35-711(a).

(Ord. No. 2006-02-16-0241, § 2, 2-16-06) (Ord. No. 2014-08-14-0581, § 4, 8-14-14)