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Texas Local Government Code - LOC GOV'T § 212.135. Justification for Moratorium: Shortage of Essential Public Facilities; Written Findings Required

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) If a municipality adopts a moratorium on property development, the moratorium is justified by demonstrating a need to prevent a shortage of essential public facilities. The municipality must issue written findings based on reasonably available information.

(b) The written findings must include a summary of:

(1) evidence demonstrating the extent of need beyond the estimated capacity of existing essential public facilities that is expected to result from new property development, including identifying:

(A) any essential public facilities currently operating near, at, or beyond capacity;

(B) the portion of that capacity committed to the development subject to the moratorium; and

(C) the impact fee revenue allocated to address the facility need; and

(2) evidence demonstrating that the moratorium is reasonably limited to:

(A) areas of the municipality where a shortage of essential public facilities would otherwise occur; and

(B) property that has not been approved for development because of the insufficiency of existing essential public facilities.

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Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 212.135. Justification for Moratorium: Shortage of Essential Public Facilities; Written Findings Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-212-135/

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