bexar county subdivision regulations
Extent of Extraterritorial Jurisdiction The extraterritorial jurisdiction of a municipality: the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located: 232.036. Sec. 8, eff. Sec. NOTICE OF HEARING. (2) read aloud at the sale, in English and Spanish, by an agent of the county. (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. (b) A person has a substantial interest in a subdivided tract if the person: (1) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; (3) owns 10 percent or more of the voting stock or shares of or owns either 10 percent or more or $5,000 or more of the fair market value of a business entity that: (A) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; or, (B) acts as a developer of the tract; or. Added by Acts 2019, 86th Leg., R.S., Ch. 624, Sec. (c) The authority granted under Subsection (a) is subject to the exemptions to plat requirements provided for in Section 232.0015. September 1, 2019. Sec. Added by Acts 1999, 76th Leg., ch. CIVIL PENALTIES. (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. (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. 232.035. (b) A person owning real property in the subdivision may apply to the commissioners court of the county in which the property is located for permission to cancel an existing subdivision plat in whole or part and to reestablish the property using lots and blocks descriptions that, to the extent practicable, are consistent with the previous subdivision plat. In San Antonio most construction projects require a licensed contractor who . 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. September 1, 2005. 12, eff. (3) state the dimensions of the subdivision and of each lot, street, alley, square, park, or other part 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 street, alley, square, park, or other part. The subdivider must comply with the requirement before subdividing the tract. If the planning commission refuses to approve a plat, the planning commission shall provide to the person requesting approval a notice specifying the reason for the disapproval. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 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. (a) The commissioners court, in addition to having the authority to adopt rules under Section 232.101 and other authority granted by this chapter, may impose the plat requirements prescribed by Section 232.023. June 16, 1995; Acts 1999, 76th Leg., ch. June 19, 2009. The court shall enter the order in its minutes. A platted subdivision; or (R) 1.01-(g)(1) Property contiguous to and within 300 feet of a platted subdivision. CONNECTION OF UTILITIES IN CERTAIN COUNTIES. 232.154. Sept. 1, 1989; Acts 1999, 76th Leg., ch. (d) This subchapter does not grant a commissioners court or a planning commission the power to regulate the use of property for which a permit has been issued to engage in a federally licensed activity. (e) Until approved water and sewer services are made available to the subdivision, the subdivider of land for which a delay is granted under this section must provide at no cost to residents: (1) 25 gallons of potable water a day for each resident and a suitable container for storing the water; and. (f) The commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. The requirements provided by this section are in addition to the other requirements of this chapter. (d) An owner or lienholder is presumed to have received actual and constructive notice of the hearing if the commissioners court complies with this section, regardless of whether the commissioners court receives a response from the person. 10, eff. Sec. 232.0095. Sec. 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. 232.0031. 8, eff. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997. Sept. 1, 1997. Sept. 1, 1999. (2) in an affected county, as defined by Section 16.341, Water Code, that has adopted the model rules developed under Section 16.343, Water Code, and is located along an international border. 232.005. Acts 2019, 86th Leg., R.S., Ch. (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. Sec. 232.002. (a) At the request of the commissioners court, the county attorney or other prosecuting attorney for the county may file an action in a court of competent jurisdiction to: (1) enjoin the violation or threatened violation of a requirement established by, or adopted by the commissioners court under a preceding section of this chapter; or. 129, Sec. COUNTY INSPECTOR. 2, eff. Acts 2007, 80th Leg., R.S., Ch. 232.026. 2, eff. September 1, 2013. Plat Application is located in the Subdivision Regulations, starting on page 79. We do not have a HOA. (e) If the donation of a lot to the receiver is not challenged before the first anniversary of the donation date, the donation is final and not revocable under any other legal proceeding. Sept. 1, 1999. 2, eff. The attorney general shall notify all other state agencies having enforcement power over subdivisions of the extension. (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. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES, CHAPTER 232. (g) 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. Sec. (d) A regulation or standard adopted by a county under this section applies only to a lot that is owned by an individual, firm, corporation, or other legal entity that directly or indirectly offers lots for sale or lease as part of a common promotional plan in the ordinary course of business, and each regulation or standard must expressly state that limitation. 232.009. ENFORCEMENT IN GENERAL; PENALTY. 232.0026. 232.110. (6) road access to a plat or subdivision in an adjoining county. 1857), Sec. Property plats are not reviewed by the local government authority and do not fulfill the subdivision platting requirement of Local Government Code Chapter 232. (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. A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115. The assistant presiding officer represents the presiding officer during the presiding officer's absence. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1989; Acts 2001, 77th Leg., ch. (e) The failure of the attorney general to comment or object to a delay or variance granted under this section does not constitute a waiver of or consent to the validity of the delay or variance granted. REVISION OF PLAT. The amount of the fee must be based on the cost of processing the application, including publishing the notices required under Subsection (c) or (c-1). Sept. 1, 1999. (h) A utility may not provide utility services, including water, sewer, gas, and electric services, to a manufactured home rental community subject to an infrastructure development plan or to a manufactured home in the community unless the owner provides the utility with a copy of the certificate of compliance issued under Subsection (g). 979, Sec. (2) "Improvements" means water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and other utility facilities. Added by Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. The court may not adopt an order canceling a subdivision if: (1) the cancellation interferes with the established rights of a person who is a nondeveloper owner and owns any part of the subdivision, unless the person agrees to the cancellation; or. Added by Acts 2005, 79th Leg., Ch. Sept. 1, 1999. (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. 232.008. 232.078. (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: Sept. 1, 1999. District Clerk. requests subdivision plat approval in which the entire property will be subdivided in two or more plat phases or units. June 14, 2013. (4) the county tax assessor-collector lists the property in the subdivision on the tax rolls based on the description in the previous plat and assesses taxes on the basis of that description. Amended by Acts 1989, 71st Leg., ch. 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. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997. 232.033. 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 . (3) Section 232.004(5)(B) does not apply to the county. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. 979, Sec. 1599), Sec. (4) the number of payments remaining under the contract. 1, Sec. 232.101. 129, Sec. Sec. (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. (B) September 1, 2005, in a county defined under Section 232.022(a)(2); (2) a majority of the resident purchasers in the subdivision sign a petition supporting the delay or variance; (3) the person requesting the delay or variance submits to the commissioners court: (A) a description of the water and sewer service facilities that will be constructed or installed to service the subdivision; (B) a statement specifying the date by which the water and sewer service facilities will be fully operational; and. Except as provided by Subsection (f), 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. June 16, 1995. 1, eff. Added by Acts 1997, 75th Leg., ch. Sec. 7, eff. (a) This section applies only to a county that sells: (1) under Section 34.01, Tax Code, real property presumed to be for residential use under Section 232.022; or. SUBCHAPTER E. INFRASTRUCTURE PLANNING PROVISIONS IN CERTAIN URBAN COUNTIES. (4) require platting or replatting under Section 232.040. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. Each lot conveyed constitutes a separate offense. 1, eff. Sec. 18.36, eff. Added by Acts 1995, 74th Leg., ch. (b) Before a person assumes the duties of a receiver, the person must be sworn to perform the duties faithfully. In order to be timely, payment mailing or common carrier of taxes must be postmarked or receipted on or before the due date of January 31st. Visit the Jury Services webpage for more information. (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. WATER AND SEWER SERVICE EXTENSION. Sec. Amended by Acts 1999, 76th Leg., ch. 624, Sec. The notice must be published in English and Spanish in a newspaper of general circulation in the county in which the real property is located. Sec. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. 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. Sec. Sec. September 1, 2007. (c) The court may appoint as receiver any person with a demonstrated record of knowledge of the problems created by abandoned, unoccupied, and undeveloped platted lots. (f) This section does not affect a civil suit filed against, a criminal prosecution of, or the validity of a penalty imposed on a subdivider for a violation of law, regardless of the date on which the violation occurred. (1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND. 232.072. 4, eff. September 1, 2005. 684, Sec. (e) The planning commission may adopt rules necessary to administer this subchapter. June 19, 2009. Subdivision Plats: establishes the location of lots, common areas, and easements. 4, eff. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 5, eff. Added by Acts 1997, 75th Leg., ch. Added by Acts 2021, 87th Leg., R.S., Ch. (c) A developer may appeal the determination of the commissioners court to a county or district court of the county in which the development project is located within 30 days of the final determination by the commissioners court. 1, eff. (a) A subdivision plat must accurately reflect the subdivision as it develops. SUBCHAPTER C. SUBDIVISION PLATTING REQUIREMENTS IN CERTAIN ECONOMICALLY DISTRESSED COUNTIES. 2096), Sec. Sec. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. To learn more, visit the Zoning History and Process Fact Sheet. September 1, 2007. September 1, 2015. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided into tracts or lots. FINANCIAL GUARANTEE IN LIEU OF BOND. The court shall take action on an application at a regular term. CIVIL PENALTIES. ordinance no. A map or drawing of a proposed subdivision m(:eting the requirements of 3 .23 .1. Amended by Acts 1999, 76th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. 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. Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. 884, Sec. (b) The commissioners court of a county may cancel, after notice and a hearing as required by this section, a subdivision for which the plat was filed and approved before September 1, 1989, if: (1) the development of or the making of improvements in the subdivision was not begun before the effective date of this section; and.
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