Sec. It is an affirmative defense to a determination under Section 232.152 that a lot's ad valorem taxes have been paid in full for each year that the taxing authority issued a tax invoice. (d) The commissioners court may require a plat application submitted for approval to include a digital map that is compatible with other mapping systems used by the county and that georeferences the subdivision plat and related public infrastructure using the Texas Coordinate Systems adopted under Section 21.071, Natural Resources Code. REVISION OF PLAT. (b) The hearing may be held by the commissioners court of the county or an appropriate county commission or board appointed by the commissioners court. (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 232.024, 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. Acts 2009, 81st Leg., R.S., Ch. State law allowing municipalities to charge abutting landowners the cost for street improvements and assessments. Sec. Sec. Added by Acts 1995, 74th Leg., ch. 232.0048. Added by Acts 1995, 74th Leg., ch. 2033), Sec. 404, Sec. 91 (S.B. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 404, Sec. (b) If the commissioners court makes a written finding that the subdivider who created the unplatted subdivision no longer owns property in the subdivision, the commissioners court may grant a delay or variance under this section only if: (1) a majority of the lots in the subdivision were sold before: (A) September 1, 1995, in a county defined under Section 232.022(a)(1); or. Amended by Acts 1997, 75th Leg., ch. 1, eff. 2022-02-17-0112. adopted 2/17/22. (b) If a county imposing the plat requirements prescribed by Section 232.023 is not described by Section 232.022(a): (1) the document required by Section 232.023(b)(6) is not required to be in Spanish; and. Added by Acts 1999, 76th Leg., ch. The notice must be published at least three weeks before the date on which action is taken on the application and must direct any person who is interested in the property and who wishes to protest the proposed cancellation and reestablishment to appear at the time specified in the notice. 2033), Sec. APPORTIONMENT OF COUNTY INFRASTRUCTURE COSTS. 232.0032. If all or part of the subdivided tract has been sold to nondeveloper owners, the court shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owner's address in the subdivided tract. (a) This section applies only to a county with a population of more than 800,000 that is adjacent to an international border. The commissioners court may only adopt minimum infrastructure standards for ingress and egress access by fire and emergency vehicles that are reasonably necessary. Added by Acts 1989, 71st Leg., ch. Map of Bexar County : showing subdivisions of original surveys and names of present owners; Names . 232.009. Added by Acts 1999, 76th Leg., ch. September 1, 2007. Acts 1987, 70th Leg., ch. Each lot conveyed constitutes a separate offense. (d) If a tract described by Subsection (c) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, the platting requirements of this subchapter apply. (2) land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law. (a) This section applies to a county: (1) that has a population of more than 3.3 million or is contiguous with a county that has a population of more than 3.3 million; and. 1867), Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. 232.156. Zoning Commission - San Antonio 550 (H.B. 149, Sec. Sept. 1, 1999. An application is approved by the commissioners court or the court's designee unless the application is disapproved within that period and in accordance with Section 232.0026. District Clerk. A subdivider having an approved plat for a subdivision shall: (1) furnish a certified letter from the utility provider stating that water is available to the subdivision sufficient in quality and quantity to meet minimum state standards required by Section 16.343, Water Code, and consistent with the certification in the letter, and that water of that quality and quantity will be made available to the point of delivery to all lots in the subdivision; (2) furnish sewage treatment facilities that meet minimum state standards to fulfill the wastewater requirements of the subdivision or furnish certification by the appropriate county or state official having jurisdiction over the approval of the septic systems indicating that lots in the subdivision can be adequately and legally served by septic systems as provided under Chapter 366, Health and Safety Code; (3) furnish roads satisfying minimum standards as adopted by the county; (4) furnish adequate drainage meeting standard engineering practices; and. 460, Sec. Acts 1987, 70th Leg., ch. 232.0085. (b) A manufactured home rental community is not a subdivision, and Sections 232.001-232.006 do not apply to the community. (b) Notice under Subsection (a)(1) must be provided to each owner and lienholder for whom an address can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk or in the records of the office of the central appraisal district for the county. (c) The commissioners court shall publish notice of an application for cancellation. Sec. June 19, 2009. (c) The county is not required to return the original papers acted on by it, but it is sufficient for the county to return certified or sworn copies of the papers or parts of the papers as may be called for by the writ. 232.022. Acts 2013, 83rd Leg., R.S., Ch. (d) If delinquent taxes are owed on the subdivided tract for any preceding year, and if the application to cancel the subdivision is granted as provided by this section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had not been subdivided. Acts 2005, 79th Leg., Ch. 2, eff. 153, Sec. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. (c) The filing of notice under Subsection (a)(3): (1) is binding on subsequent grantees, lienholders, or other transferees of an interest in the platted lot who acquire that interest after the filing of the notice; and. 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. 4, eff. 11, eff. 3.04, eff. "Some of the most common deed restrictions are HOA rules . APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (2) "Business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. (b) A person has an interest in a subdivided tract if the person: (1) has an equitable or legal ownership interest in the tract; (3) owns voting stock or shares of a business entity that: (A) has an equitable or legal ownership interest in the tract; or. (a) To promote the general public welfare, the commissioners court of a county by order may: (1) establish a planning commission under this section; and. ENFORCEMENT. 232.002. (a) The commissioners court may impose a fee on a subdivider of property under this subchapter for an inspection of the property to ensure compliance with the subdivision regulations adopted under this subchapter, Section 16.343, Water Code, or other law. 232.105. (a) In lieu of the bond an owner may deposit cash, a letter of credit issued by a federally insured financial institution, or other acceptable financial guarantee. 1390 (S.B. (c) If no portion of the land subdivided under a plat approved under this section is sold or transferred before January 1 of the 51st year after the year in which the plat was approved, the approval of the plat expires, and the owner must resubmit a plat of the subdivision for approval. Sec. 550 (H.B. AMENDING PLAT. Amended by Acts 1989, 71st Leg., ch. If the contract does not meet the requirements of this subchapter, Chapter 262 applies to the contract if the contract would otherwise be governed by that chapter. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. Part 2 - General Rules of the Statutory County Courts At Law of Bexar County, Texas Rules of Civil Procedure 21(f) Electronic Filing, Part 5 - Criminal District Court Rules (Under Revision), County Clerk's webpage for marriage information, Jury Services webpage for more information. County Attorney > Harris County Regulations All other past due taxes are surrendered for collection on July 1st of the year the taxes became delinquent and are also subject to the additional 15 or 20% collection fee. Added by Acts 1997, 75th Leg., ch. Sec. the lot size shall be determined in accordance with the requirements of the Bexar County Commissioners' Court Order "Regulating and Licensing of Private Sewage Facilities," and shall be approved by . ALTERNATIVE PROCEDURES FOR PLAT REVISION. 3, eff. September 1, 2005. 232.076. (a) On request of a subdivider or resident purchaser, the commissioners court may grant a delay or a variance from compliance with Section 232.040 as provided by this section. 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. (1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND. The court shall enter the order in its minutes. If the planning commission approves the plat, the planning commission, within the 20-day period prescribed by this subsection, shall: (1) refund the greater of the unexpended portion of any plat application fee or deposit or 50 percent of a plat application fee or deposit that has been paid; (2) determine the appropriate amount of any bond or other financial guarantee required in connection with the plat approval; and. Sec. 1364 (S.B. The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. Acts 2005, 79th Leg., Ch. Sec. The notice must: (1) clearly identify the property to be sold; (2) specify the procedures and date for the public auction, sealed bid, or sealed proposal method of sale; (3) state the minimum bid for the property, if any; (4) state any specific financial terms of sale imposed by the receiver; and. Easements - Neighbor Law - Guides at Texas State Law Library (i) This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred. 4, eff. Lucy Adame-Clark, Bexar County ClerkCivil Central Filing Department100 Dolorosa, Suite 104San Antonio, Texas 78205. Sec. (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to an original corner of the original survey of which it is a part; and. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES, CHAPTER 232. 552), Sec. (2) be conditioned that the owner of the tract of land to be subdivided will construct any roads or streets in the subdivision: (A) in accordance with the specifications adopted by the commissioners court; and. (2) publish a notice in a newspaper of general circulation in the county in which the lot is located stating that: (A) the commissioners court has adopted an order under this subchapter; and. (B) known, designated, or advertised as a common unit or by a common name. By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in English and Spanish in a newspaper of general circulation in the county, the commissioners court shall for each subdivision: (6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing how and when water, sewer, electricity, and gas services will be made available to the subdivision; and. (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. 232.096. June 16, 1995. 7, eff. 149, Sec. September 1, 2005. Sec. 1599), Sec. (d) If the commissioners court grants a delay or variance under this section, the commissioners court shall: (1) make findings specifying the reason compliance with each requirement is impractical or contrary to the health or safety of residents of the subdivision; (2) keep a record of its proceedings and include in the record documentation of the findings and the information submitted under Subsection (b); and. In San Antonio most construction projects require a licensed contractor who . (h) On request, the commissioners court shall provide to the attorney general and any appropriate local, county, or state law enforcement official a copy of any document on which the commissioners court relied in determining the legality of providing service. 460 (H.B. (h) Except as provided by this subsection, an approval of a plat by the planning commission is final on the 31st day after the date the planning commission votes to approve the plat. At the hearing, the commissioners court shall permit any interested person to be heard. (f) A person requesting service may obtain a certificate under Subsection (d)(1) only if the person provides to the commissioners court either: (A) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 2005; and, (B) a notarized affidavit by that person that states that 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; or. (b) The bond must be conditioned on the construction or installation of water and sewer service facilities that will be in compliance with the model rules adopted under Section 16.343, Water Code. (l) A utility may provide service under Subsection (k) only if the person requesting the service provides to the commissioners court documentation that evidences compliance with the requirements of Subsection (k) and that is satisfactory to the commissioners court. 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: (1) require a right-of-way on a street or road that functions as a main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet; (2) require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet; (3) require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 25 feet or more than 35 feet; (4) adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road; (5) adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices; (6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing the extent to which water will be made available to the subdivision and, if it will be made available, how and when; (7) require that the owner of the tract to be subdivided execute a good and sufficient bond in the manner provided by Section 232.004; (8) adopt reasonable specifications that provide for drainage in the subdivision to: (A) efficiently manage the flow of stormwater runoff in the subdivision; and, (B) coordinate subdivision drainage with the general storm drainage pattern for the area; and. (b) Except as provided by Subsection (c), a lot in a subdivision may not be sold if the lot lacks water and sewer services as required by this subchapter unless the lot is platted or replatted as required by this subchapter. 2, eff. Sec. Acts 1987, 70th Leg., ch. Amended by Acts 1991, 72nd Leg., ch. The documentation or other information must relate to a requirement authorized by law. (4) receives in a calendar year funds from a business entity described by Subdivision (3) that exceed 10 percent of the person's gross income for the previous year. (c) The commissioners court shall adopt regulations setting forth requirements for: (1) potable water sufficient in quality and quantity to meet minimum state standards; (2) solid waste disposal meeting minimum state standards and rules adopted by the county under Chapter 364, Health and Safety Code; (3) sufficient and adequate roads that satisfy the standards adopted by the county; (4) sewer facilities meeting minimum state standards; (5) electric service and gas service; and. (b) If any part of a plat applies to land intended for residential housing and any part of that land lies in a floodplain, the commissioners court shall not approve the plat unless: (1) the subdivision is developed in compliance with the minimum requirements of the National Flood Insurance Program and local regulations or orders adopted under Section 16.315, Water Code; and. June 19, 2009. (2) the commissioners court by resolution has made a finding that the land in question is likely to be developed as a colonia. September 1, 2005. 4, eff. (b) If a county elects to operate under this section, Section 232.005 does not apply to the county. Sec. (a) This section applies only to real property located: (1) outside municipalities and the extraterritorial jurisdiction of municipalities, as determined under Chapter 42; and. SALE OF PROPERTY. 979, Sec. (g) This section does not increase or expand, and shall not be interpreted to increase or expand, the authority of a county to regulate plats or subdivisions under this chapter. 1402), Sec. (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. This subsection applies only to: (1) a municipality that provides utility services; (2) a municipally owned or municipally operated utility that provides utility services; (3) a public utility that provides utility services; (4) a nonprofit water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides utility services; (5) a county that provides utility services; and. (b) The commissioners court may authorize the planning commission to act on behalf of the commissioners court in matters relating to: (1) the duties and authority of the commissioners court under Subchapter A, B, or C; and. 9, eff. (c) A regulation or standard adopted by a county under this section must be no less stringent than the minimum standards and other requirements under the model rules for safe and sanitary water supply and sewer services adopted under Section 16.343, Water Code, and any other minimum public safety standards that would otherwise be applicable to the subdivision. Applications for any subdivision approval shall be processed on a case-by-case basis and a given application may name only on (1) Subdivision as the subject for approval. Added by Acts 1995, 74th Leg., ch. The services may not be terminated if the court makes an affirmative finding after hearing the motion that termination poses a threat to public health, safety, or welfare of the residents. What can be done to protect our property values. September 1, 2007. PUBLIC HEARING. (a) Without complying with the competitive sealed bidding procedure of Chapter 262, a commissioners court may make a contract with a developer of a subdivision or land in the unincorporated area of the county to construct public improvements, not including a building, related to the development. (a) A subdivider or an agent of a subdivider may not cause, suffer, allow, or permit a lot to be sold in a subdivision if the subdivision has not been platted as required by this subchapter. 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.. 99, Sec. 1, eff. 232.0013. There is an $81 filing fee due to the County Clerk's office at the time the plat is submitted to Commissioners Court for Consideration. Sept. 1, 1999. June 14, 2013. (b) Except as provided by Section 16.350(d), Water Code, or Section 232.042 or 232.043, the commissioners court may not grant a variance or adopt regulations that waive any requirements of this subchapter. 23, eff. September 1, 2019. (d) A subdivider commits an offense if the subdivider allows the conveyance of a lot in the subdivision without the appropriate water and sewer utilities as required by Section 232.032 or without having made a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032. DEVELOPER PARTICIPATION CONTRACTS. (a) A subdivider of land must have a plat of the subdivision prepared if at least one of the lots of the subdivision is five acres or less. 523, Sec. CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS. Amended by Acts 1999, 76th Leg., ch. 149, Sec. ordinance no. Sec. Any liens against the property shall remain against the property as it was previously subdivided. (5) describe the restrictions, conditions, and limitations on the use of the property that the receiver has determined are appropriate, other than the restrictions, conditions, and limitations provided by other law. (e) A person requesting service may obtain a certificate under Subsection (c)(1), (2), or (3) only if the person is the owner or purchaser of the subdivided land and provides to the commissioners court documentation containing: (1) a copy of the means of conveyance or other documents that show that the land was sold or conveyed by a subdivider before September 1, 1995, or before September 1, 1999, as applicable under Subsection (c); (2) a notarized affidavit by that person requesting service under Subsection (c)(1) that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before May 1, 2003, and the request for utility connection or service is to connect or serve a residence described by Subsection (c)(1)(C); (3) a notarized affidavit by the person requesting service that states that the subdivided land has not been further subdivided after September 1, 1995, or September 1, 1999, as applicable under Subsection (c); and. Sec. (e) Venue for prosecution for a violation under this section is in the county in which any element of the violation is alleged to have occurred or in Travis County. A map or drawing of a proposed subdivision m(:eting the requirements of 3 .23 .1. JUDICIAL REVIEW. Sec. (2) under Section 3, Part VI, Texas Rules of Civil Procedure, and Chapter 34, Civil Practice and Remedies Code, real property presumed to be for residential use under Section 232.022, taken by virtue of a writ of execution. (4) require platting or replatting under Section 232.040. (2) constitutes notice of the proceeding on any subsequent recipient of any interest in the platted lot who acquires that interest after the filing of the notice. (2) have attached to the plat a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities described by the plat or the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Water Code. PLAT REQUIRED. (2) suitable temporary sanitary wastewater disposal facilities. 2021 International Fuel Gas Code, IFGC. Sept. 1, 1987. 425), Sec. 1, eff. 3, eff. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 Sec. Sept. 1, 1999. 232.104. Sec. If the commissioners court fails to take action within the 30-day period prescribed by this subsection, the decision of the planning commission is final. Aug. 28, 1989; Acts 1999, 76th Leg., ch. Code of Ordinances | San Antonio, TX | Municode Library Sept. 1, 1999. 979, Sec. SUIT BY PRIVATE PERSON IN ECONOMICALLY DISTRESSED AREA. 10, eff. Sec. (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. 35-507. Utilities. - eLaws 232.0028. (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: (1) a subdivision of the tract, including an addition; (3) streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts. The bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code. Sec. To obtain an initial delay under this subsection, a subdivider must: (1) identify the affected utility providers; (2) provide the terms and conditions on which service may be provided; and.
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