Vested Rights Petition Checklist 7.20.21
Development Services
401 N. Elm St., Denton, TX 76201 (940) 349-8541
Updated 7/23/21 Vested Rights Petition Checklist 1
Vested Rights Petition Checklist
Vested Rights Petition submittal requirements, criteria for decision, determination, and review
follow the regulations outlined in Denton Development Code Section 2.5.6
☐ **Labeling Your Submittals – Follow with All Documents Submitted
Project Number – [First/Second/Third] Submittal [Document Title]
o Examples:
VR21-0001 – First Submittal Narrative
VR21-0001 – First Submittal VR Checklist
**Your submittal will be deemed incomplete if your files are not properly labeled.
The following items must be submitted in order for the submittal to be considered
complete:
☐ 0.1 Provide a copy of the City of Denton’s Owner Authorization Form, available
online at www.cityofdenton.com/landdevelopment
☐ 1.1 Written petition explaining the factual and legal bases upon which the petitioner
relies to support their contention that they have a particular vested right and,
consequently, is exempt from a particular city order, regulation, ordinance, rule,
expiration date, or other properly adopted requirement otherwise applicable to
development of the petitioner's property. The petition, should, at a minimum,
include the following:
☐ 1.1.1 The name, mailing address, phone number, and fax number of the
petitioner (or the petitioner's duly authorized agent);
☐ 1.1.2 Identification of the property for which the petitioner claims a vested
right;
☐ 1.1.3 Identification of the permit applications for which the petitioner
seeks relief under this DDC;
☐ 1.1.4 Identification of the "project," as that term is defined in TLGC,
Chapter 245 at § 245.001(3), and the permit application, permit or
development plan giving rise to the project;
☐ 1.1.5 Identification of the original application for the first permit in the
series of permits required for the project, as described in TLGC,
Development Services
401 N. Elm St., Denton, TX 76201 (940) 349-8541
Updated 7/23/21 Vested Rights Petition Checklist 2
Chapter 245 at § 245.001(1) and § 245.002(a) and (b), and each
subsequent permit application or permit constituting the series of
permits, by type of permit and dates filed or approved by the city;
☐ 1.1.6 Identification of any exemptions under this DDC or city ordinances
to which the petitioner believes are applicable to the project defined;
☐ 1.1.7 Identification of all pertinent city regulations in effect at the time the
original application for the permit was filed that the Petitioner
contends control the approval, disapproval, or conditional approval
of the application(s) for a permit for which relief is sought, pursuant
to TLGC, Chapter 245 at § 245.002(a); and
☐ 1.1.8 Identification of all current city regulations that the petitioner
contends do not apply to the project due to the vested rights provided
the petitioner by TLGC, Chapter 245, or other applicable vested
rights laws. Global references to a particular ordinance, statute or
set of criteria, may be deemed insufficient and the city may consider
the request for granting a vested rights petition to be incomplete and,
hence, not subject to a staff determination at that time.
☐ 1.1.9 Identification of all current city regulations that the petitioner
accepts as applicable to the project.
☐ 2.1 Recorded Deed demonstrating that the petitioner is the legal owner of the
property.
☐ 3.1 All documents shall bear appropriate seals, stamps or other
validations/certifications of work as applicable in accordance with State law and
local requirements.
☐ 4.1 Unconditional waiver of any statutory time periods or time periods established by
ordinance for review of any filed applications which are the subject of the petition.
The Director shall first determine whether the application is complete pursuant to Subsection 2.4.4:
Step 2: Application Submittal and Processing.
Once the application has been determined or deemed complete, the Director shall forward the
vested rights petition, together with the required supporting information or documentation, to the
City Manager and City Attorney for their respective reviews. Prior to rendering a final
determination, the City Manager may request a pre-determination conference with the petitioner
to discuss the petitioner's vested rights and to ensure that the nature of the claim is fully and
completely understood by the City Manager. The City Manager, after consultation with the City
Attorney, shall render a final administrative determination that grants the relief requested in the
Development Services
401 N. Elm St., Denton, TX 76201 (940) 349-8541
Updated 7/23/21 Vested Rights Petition Checklist 3
petition in whole or in part, or denies the requested relief in whole or in part within 30 days of the
date the petition is complete.