bexar county subdivision regulations bexar county subdivision regulations
(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. 345, Sec. 232.079. (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) suitable temporary sanitary wastewater disposal facilities. For the purposes of this subsection, "common promotional plan" means a plan or scheme of operation undertaken by a person or a group acting in concert, either personally or through an agent, to offer for sale or lease more than two lots when the land is: (1) contiguous or part of the same area of land; or. (h) The commissioners court or the court's designee may not require an applicant to waive the time limits or approval procedure contained in this subchapter. 232.158. SUBCHAPTER A. SUBDIVISION PLATTING REQUIREMENTS IN GENERAL. 232.002. RULES. 1676), Sec. January 1, 2020. Sec. 2, eff. BOND REQUIREMENTS. 76, 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). The presiding officer presides over the meetings and executes all documentation required on behalf of the planning commission. COUNTY INSPECTOR. The person must bring the action within one year after the date of the entry of the commissioners court's order granting the cancellation. (f) A member of the planning commission serves at the pleasure of the commissioners court and is subject to removal as provided by Chapter 87. 979, Sec. (2) the purchaser requests the written documents to be provided in Spanish. 1390 (S.B. To find your precinct and who represents you, please use the Who Represents Me? Guides: Property Owners' Associations: General Information (14) "Utility" means a person, including a legal entity or political subdivision, that provides the services of: (A) an electric utility, as defined by Section 31.002, Utilities Code; (B) a gas utility, as defined by Section 101.003, Utilities Code; and. (h) 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. Sections 4001 through 4127). 2, eff. June 16, 1995. September 1, 2005. 4, eff. (b) Except as provided by Subsections (c) and (k) 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 Sections 232.028(b)(2) and (3) that adequate water and sewer services have been installed to service the lot or subdivision. (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. (c) The commissioners court shall file with the county clerk a certificate of appointment for each commission member. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 129, Sec. FINANCIAL DISCLOSURE. 232.152. June 16, 1995. PLAT APPLICATION FEE. 1599), Sec. (d) The developer must execute a performance bond for the construction of the improvements to ensure completion of the project. 62, Sec. (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. (b) The amending plat controls over the preceding plat without the vacation, revision, or cancellation of the preceding plat. 951 (H.B. 1, eff. Sept. 1, 1989. 430 (S.B. (2) if a plat is required for the identified tract, determine whether a plat has been reviewed and approved by the commissioners court. Amended by Acts 1999, 76th Leg., ch. 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. 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. Amended by Acts 1999, 76th Leg., ch. (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. (b) Except as provided by Subsection (b-1), after the application is filed with the commissioners court, the court shall publish a notice of the application in a newspaper of general circulation in the county. Jury duty is located in the basement of the Justice Center (300 Dolorosa Street), across the hall from the cafeteria. AMENDING PLAT. (2) an additional 60 days if the county is required under Chapter 2007, Government Code, to perform a takings impact assessment in connection with a plat submitted for approval. 4, eff. PLAT REQUIRED. 523, Sec. (4) whether electrical and gas facilities, if available, have been constructed or installed to service the lot or subdivision under Section 232.023. (a) If, under any authority expressly authorized by this chapter, a county requires, including under an agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of county infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the county. 6, eff. Sec. (d) The commissioners court may not adopt minimum infrastructure standards that are more stringent than requirements adopted by the commissioners court for subdivisions. (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. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. (2) for a subdivision of 50 or more houses, 2,500 gallons of storage with a centralized water system or 5,000 gallons of storage. Sept. 1, 1987. (6) "Lot" means a parcel into which land that is intended for residential use is divided. Sept. 1, 1999. Sec. (f) This section does not diminish the authority or modify the procedures specified by Chapter 395. 4, eff. Sec. (D) the amendment does not have a material adverse effect on the property rights of the other owners of the property that is the subject of the plat. 232.0775. The assistant presiding officer represents the presiding officer during the presiding officer's absence. 1, eff. A person may not meet the requirements of this subsection through the use of a letter of credit unless that letter of credit is irrevocable and issued by an institution guaranteed by the Federal Deposit Insurance Corporation. Added by Acts 1989, 71st Leg., ch. (2) through which the county, to the extent practicable, may apply to the subdivision more current street, road, drainage, and other infrastructure requirements. (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. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. A requirement adopted under this subsection must provide for an exemption from the requirement if the subdivider of the tract submits with the plat application an acknowledged statement indicating that the digital mapping technology necessary to submit a map that complies with this subsection was not reasonably accessible. (4) require platting or replatting under Section 232.040. 1093), Sec. Added by Acts 1999, 76th Leg., ch. (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. 232.075. Code of Ordinances | San Antonio, TX | Municode Library 1, eff. 404, Sec. (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. 232.024. 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, (2) read aloud at the sale, in English and Spanish, by an agent of the county. 12, eff. 1, Sec. Amended by Acts 1999, 76th Leg., ch. (5) as of January 1, 2021, was not valued for ad valorem taxation as land for agricultural use pursuant to Subchapter C, Chapter 23, Tax Code. 3167), Sec. 404, 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. 161 (S.B. 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. (f) Not later than the 60th day after the date the owner of a proposed manufactured home rental community submits an infrastructure development plan for approval, the county engineer or another person designated by the commissioners court shall approve or reject the plan in writing. 1760), Sec. (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. 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. 1239 (S.B. 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 . 1, eff. Sec. (d) The subdivider shall provide any purchaser who is sold a lot under an executory contract with an annual statement in January of each year for the term of the executory contract. Sec. 951 (H.B. (e) On application for cancellation of a subdivision or any phase or identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of 75 percent of the property included in the subdivision, phase, or identifiable part, the commissioners court by order shall authorize the cancellation in the manner and after notice and a hearing as provided by Subsections (b) and (c). September 1, 2005. 232.0029. 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 establish reasonable building and set-back lines as provided by Chapter 233 without the limitation period provided by Section 233.004(c). (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. (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. 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. AMENDING PLAT. Acts 2005, 79th Leg., Ch. 2253), Sec. CONFLICT OF INTEREST; PENALTY. Easements - Neighbor Law - Guides at Texas State Law Library Sept. 1, 1999. (2) the plat requirements related to drainage shall be those authorized by Section 232.003(8) rather than those authorized by Section 232.023(b)(8). (c) If the commissioners court provides an extension, the commissioners court shall notify the attorney general of the extension and the reason for the extension. 232.0095. PLAT REQUIRED. 1, eff. 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. 2253), Sec. Sept. 1, 1989. (1) "Development" means the making, installing, or constructing of buildings and improvements. 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 Residential - San Antonio Aug. 28, 1989. Added by Acts 1999, 76th Leg., ch. 624, Sec. Sept. 1, 2001. Restriction Original Unit # 5 Volume 6965 page 580-585. 232.034. Precinct Finder. (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. If a final inspection is required, the final inspection must be completed not later than the second business day after the date the commissioners court or the person designated by the commissioners court receives a written confirmation from the owner that the construction of the infrastructure is complete. 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. 12, eff. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. Subdivision Plats | Bexar County, TX - Official Website 467), Sec. 425), Sec. (B) a lot, the boundaries of which were established by a metes and bounds description in a deed of conveyance, a contract of sale, or other executory contract to convey real property that has been legally executed and recorded in the office of the county clerk before September 1, 1989, that has not been subdivided after September 1, 1989. Added by Acts 1995, 74th Leg., ch. 624, Sec. Sept. 1, 1995. (c) The request made under Subsection (b) must identify the land that is the subject of the request. Lucy Adame-Clark, Bexar County ClerkCivil Central Filing Department100 Dolorosa, Suite 104San Antonio, Texas 78205. (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. Sec. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 232.045. 232.027. Acts 2013, 83rd Leg., R.S., Ch. ALTERNATIVE PROCEDURES FOR PLAT REVISION. The term does not mean an individual lot in a subdivided tract of land. 404, Sec. Sec. Sec. (2) each owner whose rights may be interfered with has agreed to the revision. 708 (S.B. 927 (H.B. (h) Regardless of the date land is subdivided or a plat is filed for a subdivision, the commissioners court may deny a cancellation under this section if the commissioners court determines the cancellation will prevent the proposed interconnection of infrastructure to pending or existing development as defined by Section 232.0085. (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. 1867), Sec. 13, 14, eff. 232.097. 232.104. 1239 (S.B. 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. 546 (S.B. (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. The subdivider must comply with the requirement before subdividing the tract. Land Development | Brazos County, TX - Official Website Added by Acts 2021, 87th Leg., R.S., Ch. 1390 (S.B. (2) the reasons in writing and any documentation that support a variance granted under Section 232.042. (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. 232.004. 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. (a) This section applies only to a county with a population of more than 800,000 that is adjacent to an international border. 708 (S.B. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. Sec. 7, eff. SUBCHAPTER B. SUBDIVISION PLATTING REQUIREMENTS IN COUNTY NEAR INTERNATIONAL BORDER. Acts 2013, 83rd Leg., R.S., Ch. (b) A plat required under this section must: (1) be certified by a surveyor or engineer registered to practice in this state; (2) define the subdivision by metes and bounds; (3) locate the subdivision with respect to an original corner of the original survey of which it is a part; (4) describe each lot, number each lot in progression, and give the dimensions of each lot; (5) state the dimensions of and accurately describe 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; (6) include or have attached a document containing a description in English and Spanish of the water and sewer facilities and roadways and easements dedicated for the provision of water and sewer facilities that will be constructed or installed to service the subdivision and a statement specifying the date by which the facilities will be fully operable; (7) have attached a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities proposed under Subdivision (6) are in compliance with the model rules adopted under Section 16.343, Water Code, and a certified estimate of the cost to install water and sewer service facilities; (8) provide for drainage in the subdivision to: (A) avoid concentration of storm drainage water from each lot to adjacent lots; (B) provide positive drainage away from all buildings; and. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 MILES OF INTERNATIONAL BORDER. 3.04, eff. (e) In the order adopted by the commissioners court under Subsection (c), the county may include additional safeguards against undue loading of cost, collusion, or fraud. (c) At the hearing, an owner or lienholder may provide testimony and present evidence to refute any of the five required elements for a determination under Section 232.152. (d) An electric, gas, water, or sewer service utility may serve or connect subdivided land with water, sewer, electricity, gas, or other utility service regardless of whether the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b) if the utility is provided with a certificate issued by the commissioners court that states that: (A) was sold or conveyed to the person requesting service by any means of conveyance, including a contract for deed or executory contract before September 1, 2005; (B) is located in a subdivision in which the utility has previously provided service; and, (C) is the site of construction of a residence, evidenced by at least the existence of a completed foundation, that was begun on or before September 1, 2005; or. 425), Sec. Sec. 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. (a) The commissioners court of a county or a person designated by the commissioners court shall issue a written list of the documentation and other information that must be submitted with a plat application. WATER AND SEWER SERVICE EXTENSION. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (f) The finding by a court of a violation of this section does not render voidable an action of the commissioners court unless the measure would not have passed the commissioners court without the vote of the member who violated this section. The authorities under this subchapter are cumulative of and in addition to the authorities granted under this chapter and all other laws to counties to regulate the subdivision of land. 232.109. 232.005. Jurors parking at the garage will receive a discounted rate, please bring your parking ticket for validation at Jury Services. (c-1) If the commissioners court determines that the revision to the subdivision plat does not affect a public interest or public property of any type, including, but not limited to, a park, school, or road, the notice requirements under Subsection (c) do not apply to the application and the commissioners court shall: (1) provide written notice of the application to the owners of the lots that are within 200 feet of the subdivision plat to be revised, as indicated in the most recent records of the central appraisal district of the county in which the lots are located; and. 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 property is in a recorded subdivision. 13.17, eff. Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2005. (e) The time period prescribed by Subsection (d) may be extended for: (1) a reasonable period if requested by the applicant; and. Acts 2011, 82nd Leg., R.S., Ch. For purposes of this subsection, a person residing on a lot purchased through an executory contract has an interest in the property. Acts 2005, 79th Leg., Ch. 6, eff. (d) The planning commission is subject to Chapters 551 and 552, Government Code. (C) coordinate individual lot drainage with the general storm drainage pattern for the area; (9) include a description of the drainage requirements as provided in Subdivision (8); (10) identify the topography of the area; (11) include a certification by a surveyor or engineer registered to practice in this state describing any area of the subdivision that is in a floodplain or stating that no area is in a floodplain; and. 2, eff. (C) the treatment, disposal, and management of solid waste by or under Chapters 361 and 364, Health and Safety Code. 232.101. 232.106. An offense under this section is a Class A misdemeanor. This subsection does not apply to a violation for which a criminal penalty is prescribed by Section 232.0048. (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. 779 (H.B. (5) the subdivider who created the unplatted subdivision has not violated local law, federal law, or state law, excluding this chapter, in subdividing the land for which the delay or variance is requested, if the subdivider is the person requesting the delay or variance. 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. APPLICABILITY. Our department guides the residential development of new single-family homes, remodels, additions and other construction projects. The failure to reject a plan within the period prescribed by this subsection constitutes approval of the plan. 232.031. (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. 5.95(27), eff. 1, eff. APPROVAL BY COUNTY REQUIRED. Sec. (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. The Texas Rules of Evidence do not apply to a hearing conducted under this section. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (4) receives in a calendar year money or any thing of value from a business entity described by Subdivision (3). You may make your request by E-filing, Mail or in person. (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. 232.023. APPORTIONMENT OF COUNTY INFRASTRUCTURE COSTS. (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. CONFLICT OF INTEREST; PENALTY. (d) In a civil action under this subchapter, the record owners and any lienholders of record of the lot shall be served with personal notice of the proceedings as provided by the Texas Rules of Civil Procedure. 430 (S.B. 2, eff. 129, Sec. Local Government Code Chapter 229. Miscellaneous Regulatory Authority 6, eff. ___ No person has a lien filed against the property. (6) a special district or authority created by state law that provides utility services. 149, Sec. (b) On the commissioners court's 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 make the following determinations regarding the land in which the entity or commissioners court is interested that is located within the jurisdiction of the county: (1) whether a plat has been prepared and whether it has been reviewed and approved by the commissioners court; (2) whether water service facilities have been constructed or installed to service the lot or subdivision under Section 232.023 and are fully operable; (3) whether sewer service facilities have been constructed or installed to service the lot or subdivision under Section 232.023 and are fully operable, or if septic systems are used, whether the lot is served by a permitted on-site sewage facility or lots in the subdivision can be adequately and legally served by septic systems under Section 232.023; and.
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