SECTION 4. PURPOSE
This moratorium is being enacted to maintain the status quo, and to:
1. Process and potentially litigate the required permits through the TCEQ;
2. Obtain and review public input and expert guidance.
SECTION 5. ENACTMENT
The City of Granbury hereby enacts this Ordinance implementing a moratorium on the
City's acceptance, review, approval, and issuance of permits in the City Limits and ETJ.
SECTION 6. DURATION
The initial duration of this moratorium shall be for a period of One Hundred and Twenty
days after enactment of this Ordinance, or repeal of this Ordinance by the City, whichever is sooner.
SECTION 7. EXTENSION
If the City determines that the initial period is insufficient for the City to fully complete its processing of the necessary permits through TCEQ, this Ordinance may be renewed or extended for an additional period of time, necessary to complete the permitting processes in accordance with the time limits as provided by law upon a majority vote of the City Council.
SECTION 8. EXCEPTIONS AND EXEMPTIONS
A. Exceptions.
1. No Impact Projects. The moratorium implemented by this Ordinance does not apply to a project that does not:
(a) increase waste-water treatment
2. Ongoing Projects. The moratorium implemented by this Ordinance does not apply to any projects that are currently, actively in progress for which valid plat applications have been received and have not expired (as of the date of this moratorium).
3. Vested Projects. The moratorium implemented by this Ordinance shall not apply to projects that are Vested as provided by state law. Property owners asserting their vested rights under Texas Local Government Code Chapter 245 must submit an application along with a narrative outlining evidence of their vesting status under this moratorium to the City Manager or his Designee for review in accordance with City policy.
B. Exemptions. Any property owner who does not assert rights under Texas Local Government Code Chapter 245, but who seeks authorization to proceed with the development permitting process during the time of the moratorium can request the following alternative forms of approval:
1. Waiver by the City Council
(a) A moratorium adopted under this subchapter must allow a permit applicant to apply for a waiver from the moratorium relating to the property subject to the permit by:
i. Claiming a right obtained under a development agreement; or
ii. Providing the public facilities that are the subject of the moratorium at the landowner's cost.
(b) The permit applicant must submit the reasons for the request to the governing body of the municipality in writing. The governing body of the municipality must vote on whether to grant the waiver request within 10 days after the date of receiving the written request
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