An offense under this section is a Class A misdemeanor. June 17, 2011. (2) not earlier than the 25th day after the date the purchaser provides the subdivider notice under this subsection, deduct 15 percent of each monthly payment due until the statement is received by the purchaser. The county's determination shall be completed within thirty days following the submission of the developer's application for determination under this subsection. September 1, 2005. Sec. To build a new structure or any other development . (b) The Texas Commission on Environmental Quality by rule shall establish the appropriate form and content of a certification to be attached to a plat application under this section. Amended by Acts 1995, 74th Leg., ch. NOTICE OF WATER AND WASTEWATER REQUIREMENTS BY COUNTIES. 232.028. 1, eff. APPROVAL BY COUNTY REQUIRED. PUBLIC HEARING. (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. 12, eff. 8, eff. (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. Amended by Acts 1999, 76th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Texas Transportation Code, Chapter 313. 2021 International Plumbing Code, IPC. (2) publish a notice in a newspaper of general circulation in the county in which the lot is located stating that: (A) the commissioners court has adopted an order under this subchapter; and. (d) A utility may provide utility service to subdivided land described by Subsection (c)(1), (2), or (3) only if the person requesting service: (1) is not the land's subdivider or the subdivider's agent; and. 2021 San Antonio Property Maintenance Code (based on the 2018 International Property Maintenance Code), effective Feb. 9, 2023. 2033), Sec. Sec. (b) A manufactured home rental community is not a subdivision, and Sections 232.001-232.006 do not apply to the community. The term does not mean an individual lot in a subdivided tract of land. A subdivider having an approved plat for a subdivision shall: (1) furnish a certified letter from the utility provider stating that water is available to the subdivision sufficient in quality and quantity to meet minimum state standards required by Section 16.343, Water Code, and consistent with the certification in the letter, and that water of that quality and quantity will be made available to the point of delivery to all lots in the subdivision; (2) furnish sewage treatment facilities that meet minimum state standards to fulfill the wastewater requirements of the subdivision or furnish certification by the appropriate county or state official having jurisdiction over the approval of the septic systems indicating that lots in the subdivision can be adequately and legally served by septic systems as provided under Chapter 366, Health and Safety Code; (3) furnish roads satisfying minimum standards as adopted by the county; (4) furnish adequate drainage meeting standard engineering practices; and. (i) A receiver shall have a lien on the property under receivership for all of the receiver's unreimbursed costs and expenses and any receivership fee as detailed in the summary and accounting under Subsection (g)(1). (g) If the planning commission fails to take final action on the completed plat application as required by this section, the applicant may apply to a district court in the county in which the land is located for a mandamus order to compel the planning commission to approve or disapprove the plat. (f) 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. - Bexar County Subdivision Regulations. Acts 2005, 79th Leg., Ch. ADVERTISING STANDARDS AND OTHER REQUIREMENTS BEFORE SALE; OFFENSE. CANCELLATION OF CERTAIN SUBDIVISIONS IF LAND REMAINS UNDEVELOPED. 129, Sec. 425), Sec. 149, Sec. 708 (S.B. HOWEVER, IF THE PROPERTY LACKS WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR RESIDENTIAL USE. 1, eff. 12, eff. 1, eff. Sec. Amended by Acts 1999, 76th Leg., ch. (a) This section applies only to a residential subdivision that is subdivided into 1,000 or more lots in the unincorporated area of a county. 979, Sec. Sec. The documentation or other information must relate to a requirement authorized by law. (a) At the first meeting of each calendar year, the planning commission shall elect a presiding officer and assistant presiding officer. (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. This subchapter applies only to a county: (1) authorized to establish a planning commission under Subchapter B or C; and. 1, eff. (2) the land is to be used primarily for agricultural use, as defined by Section 1-d, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, or timber production use within the meaning of Section 1-d-1, Article VIII, Texas Constitution. We do not have a HOA. Sec. (b) If a letter of credit is used, it must: (1) list as the sole beneficiary the county judge of the county in which the subdivision is located; and. It also provides a procedure for notifying the owner of the expected cost. 1430 (S.B. (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. A digital map required under this subsection may be required only in a format widely used by common geographic information system software. (B) to which Subchapter B does not apply. THIS DOCUMENT STATES THE TRUE FACTS ABOUT THE LAND YOU ARE CONSIDERING PURCHASING. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. 3, eff. (6) a special district or authority created by state law that provides utility services. (d) The fee is subject to refund under Section 232.0025(i). (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). (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. 345, Sec. . (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 2013, 83rd Leg., R.S., Ch. (i) 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: (1) the owner of the land is a political subdivision of the state; (2) the land is situated in a floodplain; and. September 1, 2013. 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). (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. 232.032. (b) If the commissioners court makes a written finding that the subdivider who created the unplatted subdivision no longer owns property in the subdivision, the commissioners court may grant a delay or variance under this section only if: (1) a majority of the lots in the subdivision were sold before: (A) September 1, 1995, in a county defined under Section 232.022(a)(1); or. 149, Sec. 4, eff. How do I obtain a certified copy of a document? Sec. By an order adopted and entered in the minutes of the commissioners court and after a notice is published in a newspaper of general circulation in the county, the commissioners court may establish reasonable building and set-back lines as provided by Chapter 233 without the limitation period provided by Section 233.004(c). Sec. 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. (g) A person who appears before the commissioners court to protest the cancellation of all or part of a subdivision may maintain an action for damages against the person applying for the cancellation and may recover as damages an amount not to exceed the amount of the person's original purchase price for property in the canceled subdivision or part of the subdivision. (c) The request made under Subsection (b) must identify the land that is the subject of the request. (e) A developer who prevails in an appeal under this section is entitled to applicable costs and to reasonable attorney's fees, including expert witness fees. Amended by Acts 1989, 71st Leg., ch. (2) the plat evidences a restrictive covenant prohibiting the construction of residential housing in any area of the subdivision that is in a floodplain unless the housing is developed in compliance with the minimum requirements of the National Flood Insurance Program and local regulations or orders adopted under Section 16.315, Water Code. A new and seperate address is not only for mail purposes, but also to assist others, such as emergency medical service personnel, law enforcement or fire department personnel to easily and promptly find you. APPLICABILITY OF INFRASTRUCTURE REQUIREMENTS TO LOTS UNDEVELOPED FOR 25 YEARS OR MORE. Added by Acts 2019, 86th Leg., R.S., Ch. (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. Acts 2007, 80th Leg., R.S., Ch. 232.155. (4) the number of payments remaining under the contract. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. 404, Sec. Sept. 1, 1999. (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. Subdivision plats are required any time a property or lot is divided or subdivided into 2 or more parts and must be signed and sealed by a licensed professional engineer and a licensed surveyor, reviewed by the local government entity and approved signed by the reviewing authority (Commissioners Court or Executive Director of Infrastructure Services in Bexar County). 232.002. (f) 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. ESTABLISHMENT AND ABOLITION OF PLANNING COMMISSION. Sept. 1, 1999. (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. or any other restrictions in the Map Collection materials. (i) This section may not be construed to abrogate any civil or criminal proceeding or prosecution or to waive any penalty against a subdivider for a violation of a state or local law, regardless of the date on which the violation occurred. (B) the land was developed or improved within the period described by Subsection (b). The fee for a certified copy of a document is $5.00 for the certification and a $1.00 per page of the document. In this subchapter: (1) "Board" means the Texas Water Development Board. Sept. 1, 1999. After hearing any testimony and reviewing the evidence, the commissioners court shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer. Added by Acts 2011, 82nd Leg., R.S., Ch. (a) The commissioners court for each county shall adopt and enforce the model rules developed under Section 16.343, Water Code. CANCELLATION OF SUBDIVISION. Sept. 1, 2001. Subdivision plats are specific types of documents that, when recorded, establish 1 or more new lots, street and drain rights of way, easements, and other lines of delineation (such as right-of-way dedications) on property that is divided into 2 or more parts or on a single lot. Sec. (c) An application is considered complete on the date all documentation and other information required by Subsection (a) is received by the planning commission. Sec. Added by Acts 1995, 74th Leg., ch. (4) to the extent required by the court, a description of any undivided interest of an owner or lienholder, whether identified or not, in the net proceeds from the disposition of the property. 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 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. Sept. 1, 1999. (b) A developer who disputes the determination made under Subsection (a) may appeal to the commissioners court of the county. 1380 (S.B. 149, Sec. Local Government Code Chapter 229. Miscellaneous Regulatory Authority (B) any uncanceled common amenity of the subdivision. Sec. (b) Notwithstanding any other remedy at law or equity, a subdivider or an agent of a subdivider may not cause, suffer, allow, or permit any part of a subdivision over which the subdivider or an agent of the subdivider has control, or a right of ingress and egress, to become a public health nuisance as defined by Section 341.011, Health and Safety Code. (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. (1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT REVIEWED BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND. FAQs Bexar County, TX CivicEngage Our department guides the residential development of new single-family homes, remodels, additions and other construction projects. Sept. 1, 1999. (b) If a county elects to operate under this section, Section 232.005 does not apply to the county. 232.003. Added by Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (c) 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 by a subdivider by any means of conveyance, including a contract for deed or executory contract: (ii) before September 1, 1999, if the subdivided land on August 31, 1999, was located in the extraterritorial jurisdiction of a municipality as determined by Chapter 42; (B) has not been subdivided after September 1, 1995, or September 1, 1999, as applicable under Paragraph (A); (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 May 1, 2003; and. (4) receives in a calendar year money or any thing of value from a business entity described by Subdivision (3). (a) The commissioners court may appoint a planning commission consisting of five members. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. 1047 (H.B. 1, eff. 624, Sec. 3410), Sec. (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. Sec. If the inspector determines that the infrastructure complies with the infrastructure development plan, the commissioners court shall issue a certificate of compliance not later than the fifth business day after the date the final inspection is completed. PLAT REQUIRED. (b) The commissioners court may authorize the planning commission to act on behalf of the commissioners court in matters relating to: (1) the duties and authority of the commissioners court under Subchapter A, B, or C; and. Sec. (d) The commissioners court shall publish notice of an application for the cancellation and reestablishment. (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. (e) Not later than the 14th day after the date of the hearing, if a lot is determined to be abandoned, unoccupied, and undeveloped, the county shall issue an order of its determination. 149, Sec. The minutes of the planning commission's proceedings are a public record. ___ The property is in a recorded subdivision. TITLE 7. The services may not be terminated if the court makes an affirmative finding after hearing the motion that termination poses a threat to public health, safety, or welfare of the residents. (4) providing the utility service will not result in: (A) an increase in the volume of utility service provided to the property; or. Acts 2011, 82nd Leg., R.S., Ch. 54(b), eff. 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. (p) The commissioners court may impose a fee for a certificate issued under this section for a subdivision which is located in the county and not within the limits of a municipality. Sec. All net proceeds from the disposition of a lot by the receiver shall be placed in trust and remain in trust for at least three years, unless claimed before the expiration of the trust period. (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. Added by Acts 1995, 74th Leg., ch. In selecting a receiver, the court may also take into consideration whether the person owns property in the affected area. (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. 149, Sec. Local Rules | Bexar County, TX - Official Website (2) require a right-of-way on a street or road that functions as a major thoroughfare of a width of more than 120 feet, if such requirement is consistent with a transportation plan adopted by the metropolitan planning organization of the region. If a final inspection is not required, the commissioners court shall issue a certificate of compliance not later than the fifth business day after the date the commissioners court or the person designated by the commissioners court receives written certification from the owner that construction of the infrastructure has been completed in compliance with the infrastructure development plan. Rates will vary and will be posted upon arrival. 3.04, eff. 12, 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. 2253), Sec. 4, eff. Sec. Added by Acts 1995, 74th Leg., ch. 153, Sec. Land Development The subdivider must comply with the requirement before subdividing the tract. 1867), Sec. . Sec. Added by Acts 2007, 80th Leg., R.S., Ch. June 19, 2009. September 1, 2007. 404, Sec. June 16, 1995. 4, eff. Rates will vary and will be posted upon arrival. 14, eff. Sec. The process by which a subdivision plat is reviewed, approved and ultimately recorded is called 'platting'. Sept. 1, 1987. June 19, 2009. (b) Unless explicitly authorized by another law of this state, a county may not require a person to submit a development plan during the plat approval process required by this subchapter. 4, eff. (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. Rates will vary and will be posted upon arrival. June 19, 2009. CONNECTION OF UTILITIES IN CERTAIN COUNTIES WITHIN 100 MILES OF INTERNATIONAL BORDER. (a) Unless a person has completed the installation of all water and sewer service facilities required by this subchapter on the date that person applies for final approval of a plat under Section 232.073, the commissioners court shall require the subdivider of the tract to execute and maintain in effect a bond or, in the alternative, a person may make a cash deposit in an amount the commissioners court determines will ensure compliance with this subchapter. 460, Sec. The following shall be annotated on plats that exceed the building setback line requirements: "The setbacks imposed on this plat are at the discretion of the developer or Bexar County and are not subject to enforcement by the City of San Antonio." (b) Side Yard Building Line. (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. (5) reasonable specifications for streets or roads in the manufactured rental home community to provide ingress and egress access for fire and emergency vehicles. (b) Each condition or reason specified in the written statement: (A) be directly related to the requirements of this subchapter; and, (B) include a citation to the law, including a statute or order, that is the basis for the conditional approval or disapproval, if applicable; and. Amended by Acts 1999, 76th Leg., ch. 624, Sec. Plat Required. 9, eff. 1, eff. If, on the application, it is shown that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision, or it is shown that the purchaser agrees to the cancellation, the commissioners court by order shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. 552), Sec. 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. Acts 2007, 80th Leg., R.S., Ch. If a petition is not filed within 60 calendar days of the order, the order shall become final. Part 2 - General Rules of the Statutory County Courts At Law of Bexar County, Texas Rules of Civil Procedure 21(f) Electronic Filing, Part 5 - Criminal District Court Rules (Under Revision), County Clerk's webpage for marriage information, Jury Services webpage for more information. (c) A requirement that was established by or adopted under Chapter 436, Acts of the 55th Legislature, Regular Session, 1957 (Article 6626a, Vernon's Texas Civil Statutes), or Chapter 151, Acts of the 52nd Legislature, Regular Session, 1951 (Article 2372k, Vernon's Texas Civil Statutes), before September 1, 1983, and that, after that date, continues to apply to a subdivision of land is enforceable under Subsection (a). Acts 2007, 80th Leg., R.S., Ch. an ordinance amending chapter 21, article iii, "noise" and chapter 10 . 18.36, eff. 232.031. 2253), Sec. 1867), Sec. Sept. 1, 2001. Sec. 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. (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. Sec. Residential - San Antonio Sec. The instrument must describe the subdivision or the part of it that is canceled. The notice must be published in a newspaper that has general circulation in the county. Restriction Original Unit # 4 Volume 7063 page 148-153. (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. 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. Sec. 425), Sec. APPROVAL PROCEDURE: APPLICABILITY. Sec. 4, eff. Subdivision Plats: establishes the location of lots, common areas, and easements. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. Sept. 1, 1999; Acts 2003, 78th Leg., ch. A receiver appointed by the court may: (2) make or have made any repairs or improvements to the platted lot to make the lot developable; (3) make provisions for the platted lot to be subject to street, road, drainage, utility, and other infrastructure requirements; (4) aggregate the platted lot with other lots that have been similarly determined to be abandoned, unoccupied, and undeveloped; (6) accept the grant or donation of any lot within the affected area to carry out the purpose of this subchapter; and. (b) Fees collected under this section may be used only to fund inspections conducted under this section. 5, eff. Sec. Plats are schematic drawings of a property usually generated by surveyors. 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). (2) abolish a planning commission established under this section. Restriction Original Unit # 1 & 2 Volume 8807 page 1681-1686. The notice must be published at least three times during the period that begins on the 30th day and ends on the seventh day before the date of the meeting. (2) if a plat is required for the identified tract, determine whether a plat has been reviewed and approved by the commissioners court. 232.0775. 404, Sec. Sec. Due to a change in the statue, participating jurisdictions may elect to turn over their delinquent business property taxes to their delinquent tax attorneys for collection on April 1st of the year the taxes became delinquent, and are also subject to an additional collection penalty of 15 or 20% of the taxes, penalties and interest due.
