(a) In this section: (1) "Manufactured home rental community" means a plot or tract of land that is separated into two or more spaces or lots that are rented, leased, or offered for rent or lease, for a term of less than 60 months without a purchase option, for the installation of manufactured homes for use and occupancy as residences. 1380 (S.B. 1857), Sec. 10, eff. 232.028. The failure to reject a plan within the period prescribed by this subsection constitutes approval of the plan. (E) notice that the order is appealable to a district court in the county within 60 calendar days of the order. 7, eff. September 1, 2007. Aug. 26, 1991; Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The authority of a county under this chapter relating to the regulation of plats or subdivisions in the extraterritorial jurisdiction of a municipality is subject to any applicable limitation prescribed by an agreement under Section 242.001 or by Section 242.002. Sec. 1599), Sec. 129, Sec. Texas Health and Safety Code, Chapter 343. 4, eff. The notice must be published in a newspaper that has general circulation in the county. (a) This section applies only to a subdivision for which: (1) a plat has been filed for 75 years or more; (2) the most recent plat describes at least a portion of the property as acreage tracts; (3) a previous plat described at least a portion of the property as lots and blocks; and. (2) each purchase contract or lease between the subdivider and a purchaser or lessee of land in the subdivision must contain a conspicuous statement that the land is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor. 635 (S.B. (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. Added by Acts 1995, 74th Leg., ch. (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. (f) The commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. Sept. 1, 1999. (e) The commissioners court may require a subdivider to provide the court with the name and last known address of each person with an interest in the property. 6, eff. (c) Before an executory contract is signed by the purchaser, the subdivider shall provide the purchaser with a written notice, which must be attached to the executory contract, informing the purchaser of the condition of the property that must, at a minimum, be executed by the subdivider and purchaser, be acknowledged, and read substantially similar to the following: IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE TO LIVE ON THE PROPERTY. 232.039. (b) A person commits an offense if the person knowingly or intentionally violates a requirement established by, or adopted by the commissioners court under a preceding section of this chapter. 1, eff. 5.95(27), eff. (2) applies only to a decision wholly within the control of the commissioners court or the court's designee. (b) There is no limitation on the number of terms a member may serve on the commission. Added by Acts 2007, 80th Leg., R.S., Ch. (a) On the request of a subdivider who created an unplatted subdivision or a resident purchaser of a lot in the subdivision, the commissioners court of a county may grant: (1) a delay or variance from compliance with the subdivision requirements prescribed by Section 232.023(b)(8) or (9), 232.025(1), (2), (3), (4), or (5), or 232.030(c)(2), (3), (5), or (6); or. Amended by Acts 1999, 76th Leg., ch. 1390 (S.B. 624, Sec. 9, eff. (a) This section applies only to a county defined under Section 232.022(a)(1). 708 (S.B. There is also a review cost per regulations due at time of the plat submission. 4, eff. Amended by Acts 1999, 76th Leg., ch. The lots must be platted unless the property is located in the original 36-square mile area of San Antonio, and the boundaries of the lots were recorded in the Deed and Property Records of Bexar County prior to June 14, 1927. Sec. (4) conducting studies for the state related to groundwater. 232.005. Texas Transportation Code, Chapter 313. 979, Sec. APPLICABILITY. Sec. APPLICABILITY. Added by Acts 1989, 71st Leg., ch. A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115. FIRE SUPPRESSION SYSTEM. The attorney general shall notify all other state agencies having enforcement power over subdivisions of the extension. 12, eff. 10 lot subdivision. Local Government Code Chapter 232. County Regulation of Subdivisions January 1, 2020. Sec. (c) This subchapter is subject to the applicable enforcement provisions prescribed by Sections 16.352, 16.353, 16.354, and 16.3545, Water Code. Amended by Acts 1999, 76th Leg., ch. (d) If the approval of the plat is within the exclusive jurisdiction of the planning commission, the planning commission shall take final action on a plat application, including the resolution of all appeals, not later than the 60th day after the date a completed plat application is received by the planning commission. (d) Appeal of the county's determination under this subchapter shall be conducted under the substantial evidence rule. (g) After the receiver has improved the platted lot to the degree that the lot is developable and meets all applicable standards, or before petitioning the court for termination of the receivership, the receiver shall file with the court: (1) a summary and accounting of all costs and expenses incurred, which may, at the receiver's discretion, include a receivership fee of up to 15 percent of the costs and expenses incurred, unless the court, for good cause shown, authorizes a different limit; (2) a statement describing the disposition of each lot, including whether the lot was aggregated with other lots; (3) a statement of all revenues collected by the receiver in connection with the use or disposition of the lots; and. (2) in which the commissioners court by order elects to operate under this section. (i) The prohibition established by this section shall not prohibit a water, sewer, electric, or gas utility from providing water, sewer, electric, or gas utility connection or service to a lot sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider prior to July 1, 1995, or September 1, 1999, if on August 31, 1999, the subdivided land was located in the extraterritorial jurisdiction of a municipality that has adequate sewer services installed that are fully operable to service the lot, as determined by an authorized agent responsible for the licensing or permitting of on-site sewage facilities under Chapter 366, Health and Safety Code, and was subdivided by a plat approved prior to September 1, 1989. District Clerk. (a) A subdivision plat must accurately reflect the subdivision as it develops. To find your precinct and who represents you, please use the Who Represents Me? Sec. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. AUTHORITY AND DUTY OF RECEIVER. Sept. 1, 1999. (c) The commissioners court must publish notice of a proposal to cancel a subdivision under this section and the time and place of the required hearing in a newspaper of general circulation in the county for at least 21 days immediately before the date a cancellation order is adopted under this section. (e) The commissioners court may impose a fee for filing an application under this section. Added by Acts 1999, 76th Leg., ch. (4) providing the utility service will not result in: (A) an increase in the volume of utility service provided to the property; or. (3) Section 232.004(5)(B) does not apply to the county. Added by Acts 2021, 87th Leg., R.S., Ch. (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. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. (a) The attorney general, or the district attorney, criminal district attorney, or county attorney, may take any action necessary in a court of competent jurisdiction on behalf of the state or on behalf of residents to: (1) enjoin the violation or threatened violation of applicable model rules adopted under Section 16.343, Water Code; (4) require platting as required by this subchapter. 12.004, eff. 1867), Sec. September 1, 2005. 404, Sec. 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.. 404, Sec. June 20, 2003. (2) through which the county, to the extent practicable, may apply to the subdivision more current street, road, drainage, and other infrastructure requirements. 129, Sec. (e) If the commissioners court permits a person to revise a subdivision plat, the person may make the revision by filing for record with the county clerk a revised plat or part of a plat that indicates the changes made to the original plat. (i) In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. 425), 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. Sept. 1, 1999. The affidavit must be filed with the county clerk. (g) A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office. 232.034. 5, eff. (a) The owner of a tract of land that divides the tract in any manner that creates at least one lot of five acres or less intended for residential purposes must have a plat of the subdivision prepared. Added by Acts 1995, 74th Leg., ch. (a) On the approval of a plat by the commissioners court, the commissioners court shall issue to the person applying for the approval a certificate stating that the plat has been reviewed and approved by the commissioners court. DEFINITIONS. The person must bring the action within one year after the date of the entry of the commissioners court's order granting the cancellation. (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. (2) suitable temporary sanitary wastewater disposal facilities. Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. Sec. Acts 2009, 81st Leg., R.S., Ch. 708 (S.B. 232.011. Current Codes and Ordinances (3) the land was not subdivided after September 1, 1995, and: (A) water service is available within 750 feet of the subdivided land; or. (c) The Texas Commission on Environmental Quality, in consultation with the Texas Water Development Board, by rule shall require a person who submits a plat under Subsection (a) to transmit to the Texas Water Development Board and any groundwater conservation district that includes in the district's boundaries any part of the subdivision information that would be useful in: (1) performing groundwater conservation district activities; (3) maintaining the state's groundwater database; or. 979, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (d) If a member of the commissioners court of a county has a substantial 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 stating the nature and extent of the interest and shall abstain from further participation in the matter. (f) The 30-day period under Subsection (d): (1) may be extended for a period not to exceed 30 days, if: (A) requested and agreed to in writing by the applicant and approved by the commissioners court or the court's designee; or, (B) Chapter 2007, Government Code, requires the county to perform a takings impact assessment in connection with the plat application; and. A county that adopts the provisions in those sections may approve a plat vacation, a replat, and an amending plat in the same manner and under the same conditions, including the notice and hearing requirements, as a municipal authority responsible for approving plats under those sections. In San Antonio most construction projects require a licensed contractor who . The term does not mean an individual lot in a subdivided tract of land. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. (d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b). 232.0015. BOND REQUIREMENTS. (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. Find out about deed restrictions on your property before it's too late (e) The time period prescribed by Subsection (d) may be extended for: (1) a reasonable period if requested by the applicant; and. Sept. 1, 1999. CANCELLATION OF CERTAIN SUBDIVISION PLATS IF EXISTING PLAT OBSOLETE. (c) The owner of the tract to be subdivided must pay the fee at the time directed by the county before the county conducts a review of the plat. 979, Sec. Sept. 1, 1999. (e) A member of the commissioners court of a county commits an offense if the member violates Subsection (d). Downtown - Main Location Paul Elizondo Tower 101 W Nueva, Suite 217 San Antonio, TX 78205-3411 210-335-2113 All mail should be directed to this address (b) The commissioners court shall adopt infrastructure standards requiring at least two means of ingress and egress in the subdivision to provide for sufficient routes of travel for use by emergency vehicles and for use during evacuations resulting from fire or other natural disasters. (B) any uncanceled common amenity of the subdivision. 708 (S.B. COUNTY INSPECTOR. 1, eff. 232.0085. 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. 232.0023. 404, Sec. 232.035. It also provides a procedure for notifying the owner of the expected cost. 232.003. 377, Sec. Added by Acts 1995, 74th Leg., ch. Sec. The filed notice under Subsection (a)(3) must contain the name and address of each owner to the extent that that information 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. (f) All funds that come into the hands of the receiver shall be deposited in a place in this state directed by the court. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. ADDITIONAL REQUIREMENTS: ACCESS BY EMERGENCY VEHICLES. 376, Sec. June 16, 1995. APPLICABILITY. (a) Except as provided by Subsection (d), a subdivider may not sell or lease land in a subdivision first platted or replatted after July 1, 1995, unless the subdivision plat is approved by the commissioners court in accordance with Section 232.024. (b) On its own motion or on the written request of a subdivider, an owner or resident of a lot in a subdivision, or an entity that provides a utility service, the commissioners court shall: (1) determine whether a plat is required under this subchapter for an identified tract of land that is located within the jurisdiction of the county; and. 232.074. (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. (d) The plat must be filed and recorded with the county clerk of the county in which the tract is located. 10, eff. 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. 523, Sec. 129, Sec. Sec. If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this Web site interferes with your ability to access information, please. Aug. 28, 1989; Acts 1989, 71st Leg., ch. View persons arrested in the past 24 hours at the Magistrates Office Search Website. (c) Instead of the purpose described by Section 212.016(a)(10), an amended plat may be approved and issued by the county to make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: (1) the changes do not affect applicable county regulations, including zoning regulations if the county has authority to adopt zoning regulations; and. Under Section 31.02 of the Texas Tax Code, taxes are issued on OCTOBER 1st of each year and are due upon receipt of the tax bill and become delinquent if not paid before FEBRUARY 1st of the year following the year in which imposed and subject to penalty and interest. 345, Sec. 4, eff. Plat Application is located in the Subdivision Regulations, starting on page 79. (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. (k) In this section, "foundation" means the lowest division of a residence, usually consisting of a masonry slab or a pier and beam structure, that is partly or wholly below the surface of the ground and on which the residential structure rests. (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. 2(b), eff. 430 (S.B. A county need not require platting for every division of land otherwise within the scope of this subchapter. Acts 2005, 79th Leg., Ch. (d) In adopting regulations under Subsection (c)(2), the commissioners court may allow one or more commercial providers to provide solid waste disposal services as an alternative to having the service provided by the county. Sec. If a petition is not filed within 60 calendar days of the order, the order shall become final. WATER AND SEWER SERVICE EXTENSION. 232.001. (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. 1364 (S.B. (2) known, designated, or advertised as a common unit or by a common name. 1390 (S.B. 1867), Sec. The county is liable only for the agreed payment of its share, which shall be determined in advance either as a lump sum or as a factor or percentage of the total actual cost as determined by an order of the commissioners court. September 1, 2009. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. Sept. 1, 1999. The petition must be filed by an owner or lienholder of the lot within 60 calendar days of the order. (d) The developer must execute a performance bond for the construction of the improvements to ensure completion of the project. 1, eff. Sec. 27.001(43), eff. 762 (H.B. Sec. Sec. 232.043. Acts 2019, 86th Leg., R.S., Ch. (2) each owner whose rights may be interfered with has agreed to the revision. Added by Acts 1997, 75th Leg., ch. Added by Acts 2003, 78th Leg., ch. 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. September 1, 2007. 1, eff. 232.006. (g) The commissioners court or the court's designee shall make the determination under Subsection (f)(1) of whether the 30-day period will be extended not later than the 20th day after the date a completed plat application is received by the commissioners court or the court's designee. (B) the number of single-family, detached dwellings that may be located on a lot. 19, eff. Bexar County Code Compliance Quick Reference The building line for an existing residence having a side yard of . 708 (S.B. (2) "Improvements" means water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and other utility facilities. Acceptance by the commissioners court or the court's designee of a completed plat application with the documentation or other information required by Subsection (a) shall not be construed as approval of the documentation or other information. 232.024. (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. (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. (b) If the commissioners court requires a financial disclosure report but has not adopted a financial disclosure reporting system under Subchapter B, Chapter 159, the planning commission member shall file a financial disclosure report in the same manner as required for county officers under Subchapter A, Chapter 159. (a) A subdivider commits an offense if the subdivider knowingly fails to file a plat required by this subchapter. (b) A developer who disputes the determination made under Subsection (a) may appeal to the commissioners court of the county. Recording of an approved plat establishes the new legal description of the lot or lots described on the subdivision plat. September 1, 2005. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. (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. 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. (b) The county does not have an ownership interest in any lot that is administratively determined to be abandoned, unoccupied, and undeveloped or that is placed in a receivership under this subchapter, except for any existing or future legal interest established by other law. FINANCIAL GUARANTEE IN LIEU OF BOND. (a) 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 adopt rules governing plats and subdivisions of land within the unincorporated area of the county to promote the health, safety, morals, or general welfare of the county and the safe, orderly, and healthful development of the unincorporated area of the county. Added by Acts 1999, 76th Leg., ch. Sec. 232.0032. This subchapter applies only to the subdivision of land located: (1) outside the corporate limits of a municipality; and, (A) in which is located a political subdivision that is eligible for and has applied for financial assistance under Section 15.407, Water Code, or Subchapter K, Chapter 17, Water Code; and. The minimum standards may include only: (1) reasonable specifications to provide adequate drainage in accordance with standard engineering practices, including specifying necessary drainage culverts and identifying areas included in the 100-year flood plain; (2) reasonable specifications for providing an adequate public or community water supply, including specifying the location of supply lines, in accordance with Subchapter C, Chapter 341, Health and Safety Code; (3) reasonable requirements for providing access to sanitary sewer lines, including specifying the location of sanitary sewer lines, or providing adequate on-site sewage facilities in accordance with Chapter 366, Health and Safety Code; (4) a requirement for the preparation of a survey identifying the proposed manufactured home rental community boundaries and any significant features of the community, including the proposed location of manufactured home rental community spaces, utility easements, and dedications of rights-of-way; and. (a) This subchapter applies only to: (1) a county any part of which is located within 50 miles of an international border; or. 18.35, eff. 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. Sec. The commissioners court may issue a final grant of the delay or variance only if the commissioners court has not received objections from the attorney general before the 91st day after the date the commissioners court submits the record of its proceedings to the attorney general as prescribed by Subsection (d). (B) a description of the administrative determination proceeding, including notice that the administrative determination may result in the extinguishment of any and all rights and legal interests in the lot. You may make your request by E-filing, Mail or in person. Note that the written permission of the copyright owners and/or other rights holders (such as publicity and/or privacy rights) is required for distribution, reproduction, or other use . (a) A commissioners court or designee that conditionally approves or disapproves of a plat application under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. 7, eff. 6, eff. 232.102. 1, eff. Code Compliance | Bexar County, TX - Official Website 1062, Sec. (9) require lot and block monumentation to be set by a registered professional surveyor before recordation of the plat. An offense under this subsection is a Class A misdemeanor. Sec. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. Please contact the Brazos County 911 District at (979) 779-0911 for address assistance. 232.154. Unlike the situation in traditional subdivision regulations, one (1) intent of this section is to permit narrower street widths while . (n) Except as provided by Subsection (o), this section does not prohibit a water or sewer utility from providing water or sewer utility connection or service to a residential dwelling that: (1) is provided water or wastewater facilities under or in conjunction with a federal or state funding program designed to address inadequate water or wastewater facilities in colonias or to residential lots located in a county described by Section 232.022(a)(1); (2) is an existing dwelling identified as an eligible recipient for funding by the funding agency providing adequate water and wastewater facilities or improvements; (3) when connected, will comply with the minimum state standards for both water and sewer facilities and as prescribed by the model subdivision rules adopted under Section 16.343, Water Code; and. CHAPTER 232. 979, Sec. 232.009. These plats usually accompany a deed as an exhibit or are included with documents that are required for sale of a property. (2) the reasons in writing and any documentation that support a variance granted under Section 232.042. 149, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 3, eff. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). (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: (b) This subchapter applies only to land that is subdivided into two or more lots that are intended primarily for residential use in the jurisdiction of the county. Added by Acts 1995, 74th Leg., ch. 232.044. State law governing the powers and duties of utility companies including access to easements and rights-of-way. Sec. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. June 16, 2007. (3) contains more than 30,000 acres of lots that have remained substantially undeveloped for more than 25 years after the date the lots were platted.
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