The presiding officer presides over the meetings and executes all documentation required on behalf of the planning commission. 762 (H.B. REASONS FOR DISAPPROVAL OF PLAT REQUIRED. Sept. 1, 1997. APPROVAL PROCEDURE: APPLICABILITY. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 546 (S.B. (d) A county may not require a developer to waive the right of appeal authorized by this section as a condition of approval for a development project. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. A platted subdivision; or (R) 1.01-(g)(1) Property contiguous to and within 300 feet of a platted subdivision. (g) Construction of a proposed manufactured home rental community may not begin before the date the county engineer or another person designated by the commissioners court approves the infrastructure development plan. (g) If the planning commission fails to take final action on the completed plat application as required by this section, the applicant may apply to a district court in the county in which the land is located for a mandamus order to compel the planning commission to approve or disapprove the plat. (e) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into four or fewer parts and does not lay out a part of the tract described by Section 232.001(a)(3) to have a plat of the subdivision prepared if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code. (b) If a person submits a plat application to the commissioners court that does not include all of the documentation or other information required by Subsection (a), the commissioners court or the court's designee shall, not later than the 10th business day after the date the commissioners court receives the application, notify the applicant of the missing documents or other information. (2) recover damages in an amount adequate for the county to undertake any construction or other activity necessary to bring about compliance with a requirement established by, or adopted by the commissioners court under a preceding section of this chapter. Sec. It also provides a procedure for notifying the owner of the expected cost. 3 current homes are greater than 75%, but 2 homes now under construction are 100% hardi plank siding. Sec. (d) A sale conducted in violation of this section is void. 3, eff. (7) exercise all other authority that an owner of the platted lot could have exercised, including the authority to sell the lot. 10, eff. (12) "Subdivider" means an individual, firm, corporation, or other legal entity that directly or indirectly subdivides land into lots for sale or lease as part of a common promotional plan in the ordinary course of business. 404, Sec. June 16 1995. Sec. VARIANCES FROM PLATTING REQUIREMENTS. (a) A plat filed under Section 232.023 is not valid unless the commissioners court of the county in which the land is located approves the plat by an order entered in the minutes of the court. (a) The commissioners court may extend, beyond the date specified on the plat or on the document attached to the plat, the date by which the water and sewer service facilities must be fully operable if the commissioners court finds the extension is reasonable and not contrary to the public interest. After the cancellation instrument is filed and recorded in the deed records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. 2, eff. Sec. Added by Acts 2003, 78th Leg., ch. "THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. (E) notice that the order is appealable to a district court in the county within 60 calendar days of the order. Acts 2009, 81st Leg., R.S., Ch. CRIMINAL PENALTIES. 1, eff. 6, eff. (2) in which the commissioners court by order elects to operate under this section. Phone: : 210-335-2113. COUNTY INSPECTOR. (6) standards for flood management meeting the minimum standards set forth by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Sec. Lucy Adame-Clark, Bexar County ClerkCivil Central Filing Department100 Dolorosa, Suite 104San Antonio, Texas 78205. (2) applies only to a decision wholly within the control of the commissioners court or the court's designee. (c) The notice required by Section 232.008(c) must also be published in Spanish in the newspaper of highest circulation and in a Spanish-language newspaper in the county if available. Added by Acts 1999, 76th Leg., ch. Sec. (C) delivery to the last known address of each owner or lienholder by the United States Postal Service using signature confirmation services; (2) publish notice of the hearing in a newspaper of general circulation in the county on or before the 10th day before the date of the hearing and on the county's Internet website; and. 27.001(43), eff. View persons arrested in the past 24 hours at the Magistrates Office Search Website. 404, Sec. (c) Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with electricity or gas unless the entity receives a determination from the county commissioners court under Section 232.028(b)(2) that adequate water and sewer services have been installed to service the subdivision. The commissioners court may refuse to approve a plat if it does not meet the requirements prescribed by or under this chapter or if any bond required under this chapter is not filed with the county. An application submitted to the commissioners court or the person designated by the commissioners court that contains the documents and other information on the list is considered complete. 979, Sec. If the receiver rejects all offers, the receiver may subsequently reoffer the same property for sale, reorganize the property and offer the property for sale, or combine all or part of the property with other property and offer the combined property for sale. 460 (H.B. 3410), Sec. (b) A developer who disputes the determination made under Subsection (a) may appeal to the commissioners court of the county. 3, eff. (a) This section applies only to a county defined under Section 232.022(a)(1). 232.032. September 1, 2019. 1, eff. 552), Sec. A subdivider or agent of a subdivider may not transfer a lot through an executory contract or other similar conveyance to evade the requirements of this subchapter. 211 South Flores StreetSan Antonio, TX 78207Phone: 210-335-2700View Map and Get Directions. 3, eff. (b) A commissioners court by order may implement a process: (1) applicable to a subdivision in which 50 percent or more of the lots are undeveloped or unoccupied on or after the 25th anniversary of the date the plat for the subdivision was recorded with the county; and. (a) The commissioners court may impose an application fee to cover the cost of the county's review of a subdivision plat and inspection of street, road, and drainage improvements described by the plat. 552), Sec. (c) If the commissioners court makes a written finding that the subdivider who created the unplatted subdivision owns property in the subdivision, the commissioners court may grant a provisional delay or variance only if the requirements of Subsection (b) are satisfied. 708 (S.B. (c) The request made under Subsection (b) must adequately identify the land that is the subject of the request. 951 (H.B. 4, eff. Acts 2005, 79th Leg., Ch. (a) Unless a person has completed the installation of all water and sewer service facilities required by this subchapter on the date that person applies for final approval of a plat under Section 232.073, the commissioners court shall require the subdivider of the tract to execute and maintain in effect a bond or, in the alternative, a person may make a cash deposit in an amount the commissioners court determines will ensure compliance with this subchapter. (g) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. (d) The county may conduct a single hearing for multiple lots and make a determination that multiple lots are abandoned, unoccupied, and undeveloped based on the same evidence. (p) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. (a) This section applies only to a county with a population of more than 800,000 that is adjacent to an international border. The requirements provided by this section are in addition to the other requirements of this chapter. 1, Sec. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in a newspaper of general circulation in the county, the commissioners court may impose the requirements of Section 232.029 or 232.0291. 779 (H.B. Bexar County Code Compliance Quick Reference JUNKED VEHICLES . Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. (a) This section applies only to real property located outside municipalities and outside the extraterritorial jurisdiction, as determined under Chapter 42, of municipalities with a population of 1.5 million or more. 4, eff. JUDICIAL REVIEW OF DISAPPROVAL. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1999. 4, eff. (a) The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out: The receiver's use of the funds in connection with the receiver's duties or authority under this subchapter shall be subject to the approval of the court. 232.039. 232.094. 2020 National Electrical Code, NEC. 232.0025. (c) An application is considered complete when all documentation or other information required by Subsection (a) is received. (B) construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005. (e) Existing utility services to a subdivision that must be platted or replatted under this section may not be terminated under Section 232.029 or 232.0291. (3) the land was not subdivided after September 1, 1995, and: (A) water service is available within 750 feet of the subdivided land; or. 2, eff. WATER AND SEWER SERVICE EXTENSION. (b) The fee may vary based on the number of proposed lots in the subdivision, the acreage described by the plat, the type or extent of proposed street and drainage improvements, or any other reasonable criteria as determined by the commissioners court. Acts 2013, 83rd Leg., R.S., Ch. CONCERNING THE PROPERTY AT (street address or legal description and municipality). Sec. The court may not use a deferential standard. The affidavit must be filed with the county clerk. Added by Acts 1995, 74th Leg., ch. 232.010. 1867), Sec. Sec. 10, eff. (a) Any owner or lienholder of record of a platted lot aggrieved by an order issued under Section 232.153 may file in a district court in the county in which the property is located a verified petition alleging that the decision is illegal, in whole or in part, and stating with specificity the grounds of the alleged illegality. (f) If the procedures in this section are followed and a sale occurs, the sale price obtained for the property is conclusive as to the fair market value of the property at the time of the sale. The commissioners court or designee may not establish a deadline for an applicant to submit the response. All net proceeds from the disposition of a lot by the receiver shall be placed in trust and remain in trust for at least three years, unless claimed before the expiration of the trust period. Sept. 1, 1999. 2096), Sec. 662), Sec. On a final determination that a platted lot is abandoned, unoccupied, and undeveloped as provided by this subchapter, an owner or lienholder's rights and legal interests are extinguished, subject to the provisions of this subchapter regarding any net proceeds resulting from the disposition of the property, and transferred to the receiver. A county may not impose under Section 232.003 a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of streets or roads with a similar type and amount of traffic. Sec. (c) The statement required by Subsection (b) must be: (B) in 14-point boldface type or 14-point uppercase typewritten letters; and. Acts 1987, 70th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. (6) a special district or authority created by or under state law that provides any of those services. (e) Before a planning commission member undertakes the duties of the office, the member must: (2) swear in writing that the member will promote the interest of the county as a whole and not only a private interest or the interest of a special group or location in the county. TIMELY APPROVAL OF PLATS. DEVELOPER PARTICIPATION CONTRACTS. Aug. 30, 1999. Acts 2015, 84th Leg., R.S., Ch. (2) publish in a newspaper of general circulation in the county in which the lot is located a notice of the determination containing: (C) a brief statement of the results of the order; (D) instructions stating where a complete copy of the order may be obtained; and. Sept. 1, 1999. 979, Sec. Amended by Acts 1999, 76th Leg., ch. 1, eff. The notice must be published at least three times during the period that begins on the 30th day and ends on the seventh day before the date of the meeting. (4) is located in a project for which the municipality with jurisdiction over the project or the approval of plats within the project area has approved the improvement project by order, resolution, or interlocal agreement under Chapter 791, Government Code, if applicable. (i) In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. This subsection does not prohibit a provider of utilities from terminating services under other law to a resident who has failed to timely pay for services. 951 (H.B. (a) Unless inconsistent with this chapter or other law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of a receiver and to the powers of a court regarding a receiver. ___ No person has a lien filed against the property. APPROVAL BY COUNTY REQUIRED. The commissioners court may approve and issue an amending plat under this subchapter in the same manner, for the same purposes, and subject to the same related provisions as provided by Section 232.011. 1, eff. 232.0032. The notice must include a statement of the time and place at which the court will meet to consider the application and to hear protests to the revision of the plat. We ensure that construction projects adhere to the City's adopted Building Codes and the Unified Development Code to enhance the health and safety for you, your family and our community.. Added by Acts 1989, 71st Leg., ch. (2) each owner or utility whose rights may be interfered with has agreed to the cancellation and reestablishment. June 19, 2009. APPROVAL BY COUNTY REQUIRED. (d) A previously conditionally approved or disapproved plat application is approved if: (1) the applicant filed a response that meets the requirements of Subsection (c); and. June 16, 1995. (b) The attorney general, at the request of the district or county attorney with jurisdiction, may conduct a criminal prosecution under Section 232.033(h) or 232.036. Acts 2005, 79th Leg., Ch. 25, eff. (b) A person owning real property in this state that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court of the county in which the property is located for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. (6) a special district or authority created by state law that provides utility services. (12) include certification that the subdivider has complied with the requirements of Section 232.032 and that: (A) the water quality and connections to the lots meet, or will meet, the minimum state standards; (B) sewer connections to the lots or septic tanks meet, or will meet, the minimum requirements of state standards; (C) electrical connections provided to the lot meet, or will meet, the minimum state standards; and. Plat Required "According to Local Government Code Chapter 232.001, the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to lay out a subdivision of the tract, June 19, 2009. 129, Sec. 232.042. Added by Acts 2019, 86th Leg., R.S., Ch. State law prohibiting public nuisances in the unincorporated areas of a county. 1239 (S.B. Sec. Rates will vary and will be posted upon arrival. 1867), Sec. TITLE 7. Sec. September 1, 2007. The following are the steps to be undertaken by the applicant and the City of San Antonio and/or Bexar County as part of the traffic impact analysis (TIA) and roughly proportionate determination study. 161 (S.B. (2) a delay or variance for an individual lot from compliance with the requirements prescribed by the model subdivision rules adopted under Section 16.343, Water Code, for: (A) the distance that a structure must be set back from roads or property lines; or. FINANCIAL DISCLOSURE. The commissioners court may only adopt minimum infrastructure standards for ingress and egress access by fire and emergency vehicles that are reasonably necessary. September 1, 2013. 232.153. 1111 (S.B. Sec. (b) A commissioners court or designee that conditionally approves or disapproves a plat application following the submission of a response under Section 232.0027: (1) must comply with Section 232.0026; and. 24, eff. Both entrances are ADA accessible. (c) During the pendency of any enforcement action brought, any resident of the affected subdivision, or the attorney general, district attorney, or county attorney on behalf of a resident, may file a motion against the provider of utilities to halt termination of pre-existing utility services. (g) The commissioners court may impose a fee for filing an application under this section. Acts 2005, 79th Leg., Ch. 404, Sec. 404, Sec. 232.104. June 19, 2009. (c) Except as provided by Subsection (c-1), for purposes of this section, land is considered to be in the jurisdiction of a county if the land is located in the county and outside the corporate limits of municipalities. (g) A purchaser who makes a deduction under Subsection (f) is not required to reimburse the subdivider for the amount deducted. The term does not mean an individual lot in a subdivided tract of land. (3) Section 232.004(5)(B) does not apply to the county. (a) A plat filed under Section 232.072 is not valid unless the commissioners court of the county in which the land is located approves the plat by an order entered in the minutes of the court. 1, eff. 781), Sec. 232.0085. (3) the applicant may apply to a district court in the county where the tract of land is located for a writ of mandamus to compel the commissioners court to issue documents recognizing the plat application's approval. 2033), Sec. 624, Sec. 149, Sec. However, if the owners of at least 10 percent of the property affected by the proposed cancellation file written objections to the cancellation with the court, the grant of an order of cancellation is at the discretion of the court. If the commissioners court requires the owner of the tract to execute a bond, the owner must do so before subdividing the tract unless an alternative financial guarantee is provided under Section 232.0045. (a) At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer. 3, eff. (d) If a member of the commissioners court has an interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit with the county clerk stating the nature and extent of the interest and shall abstain from further participation in the matter. 232.040. 232.0015. (2) the commissioners court or designee that received the response does not disapprove the application on or before the date required by Subsection (a) and in accordance with Section 232.0026. 18.35, eff. The commissioners court shall allow an applicant to timely submit the missing documents or other information. (2) after the effective date of this subchapter. June 19, 2009. 18.36, eff. 708 (S.B. 1, eff. The commissioners court shall refuse to approve a plat if it does not meet the requirements prescribed by or under this subchapter or if any bond required under this subchapter is not filed with the county clerk. Subdivision Plats: establishes the location of lots, common areas, and easements. June 20, 2003. (e) The statement under Subsection (d) must include the following information: (2) the remaining amount owed under the contract; (3) the annual interest rate charged under the contract during the preceding 12-month period; and. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. Amended by Acts 1999, 76th Leg., ch. The following shall be annotated on plats that exceed the building setback line requirements: "The setbacks imposed on this plat are at the discretion of the developer or Bexar County and are not subject to enforcement by the City of San Antonio." (b) Side Yard Building Line. Sec. (4) evidence that adequate sewer service or facilities have been installed and are fully operable to service the lot or dwelling from an entity described by Section 232.021(14) or the authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366, Health and Safety Code. (d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b).
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