1. In reliance upon properly issued permits or approvals the applicant made substantial financial commitments or assumed substantial financial obligations within the purview of the activities authorized by said permit or approvals; and
2. The applicant proceeded in good faith, and no approvals or permits have lapsed or been revoked; and
3. The applicant has sufficiently and legally established any other factor that may demonstrate vested rights under State or Federal law.

C. Statutory Vested Rights. No Vested Rights Determination that is requested as a basis for approval of an Application for Development Approval shall be issued unless the applicant demonstrates entitlement to common law vested rights as provided in subsection B above and demonstrates compliance with the following criteria for statutory vested rights:
 

1. The applicant used its property or filed an application as provided in Texas Local Government Code section 43.002 prior to annexation by the City of Liberty Hill, and the regulations against which vested rights are claimed are not subject to an exemption as provided in Texas Local Government Code section 43.002(c).

2. The applicant filed an application as provided in Texas Local Government Code chapter 245 prior to adoption of the regulations pursuant to which vested rights are claimed, that the regulations which are the basis for the claim of vested rights are not subject to an exemption as provided in Texas Local Government Code section 245.004 and that the project has not become dormant as defined in Texas Local Government Code section 245.005 and this Chapter.
 

D. Consent Agreements. Any Applicant for a Vested Rights Determination may apply for Consent Agreement Approval provided that the requirements of Section D.1 below, are satisfied or the required approval is for one (1) or more, but less than all phases of the proposed development. An application for Consent Agreement Approval may be approved subject to compliance with requirements of a Consent Agreement. An application for a Consent Agreement Approval may be filed concurrent with an Application for a Vested Rights Determination, or at any time prior to approval of a final decision relating to an Application for a Vested Rights Determination by the City Attorney or the City Council.

1. Terms and conditions.
Consent Agreement shall be signed by the City Attorney, the City Manager, and the Applicant and shall include the following terms and conditions:

i. A legal description of the subject property and the names of the legal and equitable owners;
ii. The duration of the consent agreement and the conditions that will result in revocation;
iii. The uses permitted on the property, including population densities and/or building intensities and height;
iv. A description of the public facilities that will service the proposed development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure that public facilities are available concurrent with the impacts of the development;
v. A description of any preservation or dedication of land for public purposes;
vi. A description of all development approvals, permits, or other local or State approvals needed for the proposed development;
vii. A finding that the proposed development is consistent with the Master Plan and the relevant provisions of this Chapter;
viii. A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the preservation and protection of the public health, safety, or welfare;
ix. A statement indicating that the omission of a limitation or restriction shall not relieve the Applicant of the necessity of complying with all applicable local, state and federal laws;
x. A phasing plan indicating the anticipated commencement and completion date of all phases of the proposed development; and
xi. A statement that the City Attorney and City Council or its designee shall review progress pursuant to the consent agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the consent agreement.

2. Failure to comply with Consent Agreement. If the City Council finds, on the basis of substantial competent evidence, that the applicant has failed to comply with the terms of the Consent Agreement, the Consent Agreement may be revoked or modified by the City Council after a public hearing which has been noticed by publication, and for which written notice has been expressly provided to the Applicant.