A requirement adopted under this subsection must provide for an exemption from the requirement if the owner 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. ALTERNATIVE PROCEDURES FOR PLAT REVISION. (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. Sec. Sec. (2) "Improvements" means water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and other utility facilities. (a) The county shall: (1) provide notice of the hearing to each record owner of the applicable lot and to each holder of a recorded lien against the applicable lot by: (B) certified mail with return receipt requested to the last known address of each owner and lienholder; or. The court shall enter the order in its minutes. A commissioners court by order may require each subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of a subdivision is more than five acres but not more than 10 acres. The subdivision is located outside the area included within the current San Antonio Water System's master plan for water works improvements; and . An offense under this subsection is a Class A misdemeanor. 400 (S.B. 6, eff. The plat application approval procedures under this subchapter apply to a county regardless of whether the county has entered into an interlocal agreement, including an interlocal agreement between a municipality and county under Section 242.001(d). The prohibition in this subsection includes the sale of a lot: (1) by a subdivider who regains possession of a lot previously exempt under Subsection (c) through the exercise of a remedy described in Section 5.064, Property Code; or. Acts 2015, 84th Leg., R.S., Ch. Sec. (k) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (2) all parts are transferred to persons who owned an undivided interest in the original tract and a plat is filed before any further development of any part of the tract. Acts 2009, 81st Leg., R.S., Ch. (f) The planning commission may not compel an applicant to waive the time limits prescribed by this section. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. Restriction Original Unit # 5 Volume 6965 page 580-585. (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. (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. (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. 62, Sec. (e) Before a planning commission member undertakes the duties of the office, the member must: (2) swear in writing that the member will promote the interest of the county as a whole and not only a private interest or the interest of a special group or location in the county. 2, eff. 1857), Sec. This document will include limitations on how property is to be used, built, maintained, etc. 4, eff. (a) The planning commission shall issue a written list of the documentation and other information that must be submitted with a plat application. Added by Acts 2003, 78th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. (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. 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. WATER AND SEWER SERVICE EXTENSION. Sec. LOT FRONTAGES. Sept. 1, 1999. 9, eff. 1, eff. After the cancellation order is filed and recorded, the property shall be treated as if it had never been subdivided, and the county chief appraiser shall assess the property accordingly. (2) the subdivided land was not subdivided after September 1, 2005, and: (e) A utility may provide utility service to subdivided land described by Subsection (d)(1) only if the person requesting service: (2) provides to the utility a certificate described by Subsection (d)(1). 3 current homes are greater than 75%, but 2 homes now under construction are 100% hardi plank siding. 15, eff. AUTHORITY AND DUTY OF RECEIVER. Both entrances are ADA accessible. 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 reasonable standards for minimum lot frontages on existing county roads and establish reasonable standards for the lot frontages in relation to curves in the road. At the appeal, the developer may present evidence and testimony under procedures adopted by the commissioners court. 1303), Sec. 523, 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. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 2, eff. (d) The planning commission is subject to Chapters 551 and 552, Government Code. 979, Sec. June 15, 2007. (a) A subdivider of land may apply to the commissioners court to cancel all or part of the subdivision in the manner provided by Section 232.008 after notice and hearing as provided by this section. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 2022-02-17-0112. adopted 2/17/22. Sec. Amended by Acts 1999, 76th Leg., ch. (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. (d-1) Notwithstanding Subsection (d), if a groundwater availability certification is required under Section 232.0032, the 30-day period described by that subsection begins on the date the applicant submits the groundwater availability certification to the commissioners court or the court's designee, as applicable. 404, Sec. Sec. 4, eff. 54(b), eff. Sec. The court may not use a deferential standard. ___ The property has sewer service or a septic system. 232.156. Sept. 1, 2001. (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. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. 2, eff. If there is any change, either by the intentional act of the subdivider or by the forces of nature, including changes in the size or dimension of lots or the direction or condition of the roads, a plat must be revised in accordance with Section 232.041. 425), Sec. Sec. (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. (d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b). (B) more than one utility connection for each single-family residential dwelling located on the property. Acts 2005, 79th Leg., Ch. (b) Except as provided by Section 232.0013, this subchapter does not apply to a subdivision of land to which Subchapter B applies. (2) a notarized affidavit by the person requesting service that states that: (A) the property was sold or conveyed to that person before September 1, 2005; and. 3.06, eff. Sept. 1, 1987. APPLICABILITY. The failure to reject a plan within the period prescribed by this subsection constitutes approval of the plan. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. (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. 404, Sec. Acts 2007, 80th Leg., R.S., Ch. 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. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 232.157. (E) notice that the order is appealable to a district court in the county within 60 calendar days of the order. (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. Rates will vary and will be posted upon arrival. 951 (H.B. or any other restrictions in the Map Collection materials. FINANCIAL DISCLOSURE. 422, Sec. Amended by Acts 1999, 76th Leg., ch. Sec. 550 (H.B. (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. 12, eff. June 19, 2009. Subdivision Plats. 1093), Sec. (b) A commissioners court or designee that conditionally approves or disapproves a plat application following the submission of a response under Section 232.0027: (1) must comply with Section 232.0026; and. 3167), Sec. 232.028. The Commissioners Court may amend this Subdivision Rules Regulations Order to make non-substantive changes from Aug. 28, 1989; Acts 1989, 71st Leg., ch. ADDITIONAL REQUIREMENTS: FUTURE TRANSPORTATION CORRIDORS. 737, Sec. (b) A person owning real property in this state that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court of the county in which the property is located for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. (a) Before a county may make an administrative determination that a platted lot is abandoned, unoccupied, and undeveloped, the county must: (1) hold a public hearing on the matter; and. 10 lot subdivision. (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. (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. (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. Acts 2019, 86th Leg., R.S., Ch. (2) provides to the utility a certificate described by Subsection (c). 1, eff. Acts 2007, 80th Leg., R.S., Ch. A person may apply for one renewal of a delay under this subsection. 232.0033. (7) require that the subdivider of the tract execute a bond in the manner provided by Section 232.027. 232.0048. Added by Acts 1995, 74th Leg., ch. 345, 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. September 1, 2013. Sec. The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. 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. (j) 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. (2) land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law. Sept. 1, 1999. 12, eff. Added by Acts 1995, 74th Leg., ch. Sec. (e) Existing utility services to a subdivision that must be platted or replatted under this section may not be terminated under Section 232.029 or 232.0291. Added by Acts 1999, 76th Leg., ch. 3834), Sec. June 16, 1995. (2) for which it is shown at a proceeding brought in the district court in which the property is located that the sale of a lot otherwise exempt under Subsection (c) was made for the purpose of evading the requirements of this subchapter. The notice must include a statement of the time and place at which the court will meet to consider the application and to hear protests to the revision of the plat. For purposes of this subsection, a person residing on a lot purchased through an executory contract has an interest in the property. 232.022. 232.0029. BUYERS ASSUME ALL RISKS. (f) A person who fails to provide information requested under Subsection (e) before the 31st day after the date the request is made is liable to the state for a penalty of $500 for each week the person fails to provide the information. (a) A plat filed under Section 232.072 is not valid unless the commissioners court of the county in which the land is located approves the plat by an order entered in the minutes of the court. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. (c) Notice, a hearing, and the approval of other lot owners are not required for the filing, recording, or approval of an amending plat. (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. (5) be conditioned that the roads and streets and the drainage requirements for the subdivision will be constructed: (A) in accordance with the specifications adopted by the court; and. 232.079. Amended by Acts 1999, 76th Leg., ch. 232.00285. 19, eff. Acts 2007, 80th Leg., R.S., Ch. 5, eff. September 1, 2005. PLAT REQUIRED. Acts 1987, 70th Leg., ch. (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. 624, Sec. (g) In lieu of the notice required by Subsection (f), the county may: (1) post the information required by Subsection (f)(2) on the county's Internet website; and. CRIMINAL PENALTIES. Acts 2011, 82nd Leg., R.S., Ch. 27.001(43), eff. 523, Sec. (2) the changes do not attempt to amend or remove any covenants or restrictions. SET-BACKS. Sept. 1, 1999. Amended by Acts 1989, 71st Leg., ch. 232.105. 232.001. 232.106. A commissioners court by order may require each subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of the subdivision is more than five acres but not more than 10 acres. September 1, 2019. 1390 (S.B. Sept. 1, 1999. (g) A purchaser who makes a deduction under Subsection (f) is not required to reimburse the subdivider for the amount deducted. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. Acts 1987, 70th Leg., ch. 232.034. September 1, 2019. Sept. 1, 1987. 232.0775. Acts 1987, 70th Leg., ch. 2, eff. (d) The commissioners court of the county in which the land is located may establish a planning commission as provided by Subchapter D. The planning commission, including its findings and decisions, is subject to the same provisions applicable to the commissioners court under this subchapter, including Section 232.034 relating to conflicts of interest. 9, eff. (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. September 1, 2015. September 1, 2021. Sec. NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY COUNTIES. (g) A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office. 149, Sec. (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. (d) The commissioners court may not adopt minimum infrastructure standards that are more stringent than requirements adopted by the commissioners court for subdivisions. (7) "Minimum state standards" means the minimum standards set out for: (A) adequate drinking water by or under Section 16.343(b)(1), Water Code; (B) adequate sewer facilities by or under Section 16.343(c)(1), Water Code; or. The building line for an existing residence having a side yard of . 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. (4) the number of payments remaining under the contract. 979, Sec. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. WATER AND SEWER SERVICE EXTENSION. (b) If all or part of a subdivision for which a plat is required under this chapter is located within a future transportation corridor identified in an agreement under Section 201.619, Transportation Code: (1) the commissioners court of a county in which the land is located: (A) may refuse to approve the plat for recordation unless the plat states that the subdivision 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; and, (B) may refuse to approve the plat for recordation if all or part of the subdivision 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; and.
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