bexar county subdivision regulations

(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. (a) After a final determination that a platted lot is abandoned, unoccupied, and undeveloped, the county shall bring a civil action to have the lot placed in a receivership. 232.009. (6) a special district or authority created by or under state law that provides any of those services. 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. 3.06, eff. To learn more, visit the Zoning History and Process Fact Sheet. 546 (S.B. 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: (1) require a right-of-way on a street or road that functions as a major thoroughfare of a width of not more than 120 feet; or. (D) gas connections, if available, provided to the lot meet, or will meet, the minimum state standards. 4, eff. CONNECTION OF UTILITIES IN COUNTIES WITHIN 50 MILES OF INTERNATIONAL BORDER. 6, eff. 552), Sec. CONFLICT OF INTEREST; PENALTY. (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. Sec. Added by Acts 1995, 74th Leg., ch. Both entrances are ADA accessible. (3) provide a certified letter from each utility provider stating that it has the right to serve the area and it will serve the area. 635 (S.B. Sec. Sec. (c-1) Land in a municipality's extraterritorial jurisdiction is not considered to be in the jurisdiction of a county for purposes of this section if the municipality and the county have entered into a written agreement under Section 242.001 that authorizes the municipality to regulate subdivision plats and approve related permits in the municipality's extraterritorial jurisdiction. Overview of Subdivision Plats and Platting in Bexar County (PDF), Subdivision Plat Application and Fees - Bexar County, Extended Warranty Bond Estimate (Worksheet) (Revised 12/31/2013), Bexar County Signage Criteria Summary (PDF), Stormwater Quality Site Development Permit, Stormwater Quality Post-Construction Permits, Bexar Regional Watershed Management Partners, Huebner Creek Enhanced Conveyance NWWC Segment 1, Huebner Creek Enhanced Conveyance NWWC Segment 2, Huebner Creek Enhanced Conveyance NWWC Segment 3, Live Oak Slough Benton City Road Improvements, Shepherd Road at Elm Creek & Black Hill Branch, Sixmile Creek Drainage Improvements CCR 3, Sixmile Creek Drainage Improvements CCR 4, Sixmile Creek Drainage Improvements - Roosevelt Br, Sixmile Creek Drainage Improvements S. Flores Br, County Clerk's webpage for marriage information, Jury Services webpage for more information. 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. Sept. 1, 1999. Local Government Code Chapter 229. Miscellaneous Regulatory Authority (a) The commissioners court may appoint a planning commission consisting of five members. 129, Sec. 1, eff. The amount of the fee must be based on the cost of processing the application, including publishing the notices required under Subsection (b) or (b-1). Aug. 26, 1991; Acts 1995, 74th Leg., ch. (B) water service is available more than 750 feet from the subdivided land and the extension of water service to the land may be feasible, subject to a final determination by the water service provider. Acts 2011, 82nd Leg., R.S., Ch. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. APPOINTMENT OF MEMBERS OF PLANNING COMMISSION. Sec. (E) notice that the order is appealable to a district court in the county within 60 calendar days of the order. Map of Bexar County : showing subdivisions of original surveys and Sept. 1, 1987. Acts 1987, 70th Leg., ch. These are also often the most frequently enforced. 3167), Sec. September 1, 2007. (a) To determine whether specific divisions of land are required to be platted, a county may define and classify the divisions. (4) conducting studies for the state related to groundwater. 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: (1) require a right-of-way on a street or road that functions as a main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet; (2) require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet; (3) require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 25 feet or more than 35 feet; (4) adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road; (5) adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices; (6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing the extent to which water will be made available to the subdivision and, if it will be made available, how and when; (7) require that the owner of the tract to be subdivided execute a good and sufficient bond in the manner provided by Section 232.004; (8) adopt reasonable specifications that provide for drainage in the subdivision to: (A) efficiently manage the flow of stormwater runoff in the subdivision; and, (B) coordinate subdivision drainage with the general storm drainage pattern for the area; and. (d) The attorney general or a district or county attorney with jurisdiction may bring a proceeding under Subsection (b). PUBLIC HEARING. (e) If the commissioners court adopts minimum infrastructure standards for manufactured home rental communities, the owner of land located outside the limits of a municipality who intends to use the land for a manufactured home rental community must have an infrastructure development plan prepared that complies with the minimum infrastructure standards adopted by the commissioners court under Subsection (c). Lucy Adame-Clark, Bexar County ClerkCivil Central Filing Department100 Dolorosa, Suite 104San Antonio, Texas 78205. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1999, 76th Leg., ch. Sec. 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. Sept. 1, 1987. If the commissioners court imposes the plat requirements prescribed by Section 232.023, any rules adopted under Section 232.101 must be consistent with those requirements. (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. (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. 4, eff. 979, Sec. If the subdivider mails the statement to the purchaser, the statement must be postmarked not later than January 31. 1, eff. (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). 232.081. 1, eff. Amended by Acts 1999, 76th Leg., ch. 1239 (S.B. Local Government Code Chapter 232. County Regulation of Subdivisions (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. 62, Sec. 9, eff. Sec. 232.044. 232.0291. (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. (h) 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. (c) This subchapter is subject to the applicable enforcement provisions prescribed by Sections 16.352, 16.353, 16.354, and 16.3545, Water Code. 15, eff. Sec. 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). 232.0315. COUNTY INSPECTOR. (b) If a person submits an incomplete plat application to the planning commission, the planning commission or its designee shall, not later than the 15th business day after the date the planning commission or its designee receives the application, notify the applicant of the missing documents or other information. PLAT REQUIRED. Sept. 1, 1999. (c) The Texas Commission on Environmental Quality, in consultation with the Texas Water Development Board, by rule shall require a person who submits a plat under Subsection (a) to transmit to the Texas Water Development Board and any groundwater conservation district that includes in the district's boundaries any part of the subdivision information that would be useful in: (1) performing groundwater conservation district activities; (3) maintaining the state's groundwater database; or. September 1, 2015. 35-516. Setback and Frontage Regulations. (b) The hearing may be held by the commissioners court of the county or an appropriate county commission or board appointed by the commissioners court. 232.005. Acts 2019, 86th Leg., R.S., Ch. 425), Sec. 979, Sec. 35-515. Lot Layout Regulations. - sanantonio-tx.elaws.us Sept. 1, 1999. (a) On request of a subdivider or resident purchaser, the commissioners court may grant a delay or a variance from compliance with Section 232.040 as provided by this section. The commissioners court or designee may not establish a deadline for an applicant to submit the response. LOT FRONTAGES. 927 (H.B. 1599), Sec. Sec. (d) If a member of the commissioners court has an interest in a subdivided tract, the member shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit with the county clerk stating the nature and extent of the interest and shall abstain from further participation in the matter. (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. 8, eff. 404, Sec. Added by Acts 1999, 76th Leg., ch. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. Construction in Harris County or Flood Control District Rights of Way Regulations Contracting With a Person Indebted to the County-Adopted 3-30-04; revised October 27, 2009 County Administration Office Transition Plan adopted August 10, 2021 (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. 404, Sec. The person must bring the action within one year after the date of the entry of the commissioners court's order granting the cancellation. Sec. (a) The attorney general, or the district attorney, criminal district attorney, county attorney with felony responsibilities, or county attorney of the county 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 the model rules adopted under Section 16.343, Water Code; (2) enjoin the violation or threatened violation of a requirement of this subchapter or a rule adopted by the commissioners court under this subchapter; (3) recover civil or criminal penalties, attorney's fees, litigation costs, and investigation costs; and. 232.106. Service on the record owners or lienholders constitutes notice to all unrecorded owners or lienholders. 1, eff. Any liens against the property shall remain against the property as it was previously subdivided. 232.074. When visiting downtown San Antonio for Bexar County offices we recommend the Bexar County Parking Garage. Sec. (b) The commissioners court may not grant an extension under Subsection (a) if it would allow an occupied residence to be without water or sewer services. ___ The property is not in a flood-prone area. 1564), Sec. 2, eff. 5, eff. . Acts 1987, 70th Leg., ch. (4) providing the utility service will not result in: (A) an increase in the volume of utility service provided to the property; or. The term does not mean an individual lot in a subdivided tract of land. District Clerk. (b) As an alternative to the provisions in Section 232.009 governing the revision of plats, a county by order may adopt the provisions in Sections 212.013, 212.014, 212.015, and 212.016 governing plat vacations, replatting, and plat amendment. requirements of that Act; and WHEREAS, the Commissioners Court of Bexar County, Texas finds that junked vehicles are . (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. 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. REPLATTING. (k) Subject to Subsections (l) and (m), a utility that does not hold a certificate issued by, or has not received a determination from, the commissioners court under Section 232.028 to serve or connect subdivided property with electricity or gas may provide that service to a single-family residential dwelling on that property if: (1) the person requesting utility service: (A) is the owner and occupant of the residential dwelling; and. CONFLICT OF INTEREST; PENALTY. The term does not mean an individual lot in a subdivided tract of land. 7, eff. 404, Sec. (g) A conviction under Subsection (e) constitutes official misconduct by the member and is grounds for removal from office. 2, eff. Plats are schematic drawings of a property usually generated by surveyors. (2) land use, health and safety, planning and development, or other enforcement provisions specifically authorized by law. September 1, 2005. Added by Acts 1995, 74th Leg., ch. 404, Sec. (a) If a person submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the commissioners court of a county by order may require the plat application to have attached to it a statement that: (1) is prepared by an engineer licensed to practice in this state or a geoscientist licensed to practice in this state; and. 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. Rates will vary and will be posted upon arrival. A platted subdivision; or (R) 1.01-(g)(1) Property contiguous to and within 300 feet of a platted subdivision. (a) Except as provided by Subsection (b), a person who has purchased or is purchasing a lot after July 1, 1995, in a subdivision for residential purposes that does not have water and sewer services as required by this subchapter and is located in an economically distressed area, as defined by Section 17.921, Water Code, from a subdivider, may bring suit in the district court in which the property is located or in a district court in Travis County to: (1) declare the sale of the property void, require the subdivider to return the purchase price of the property, and recover from the subdivider: (A) the market value of any permanent improvements the person placed on the property; (B) actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities; (2) enjoin a violation or threatened violation of Section 232.032, require the subdivider to plat or replat under Section 232.040, and recover from the subdivider: (A) actual expenses incurred as a direct result of the failure to provide adequate water and sewer facilities; (b) If the lot is located in a county defined under Section 232.022(a)(2), a person may only bring suit under Subsection (a) if the person purchased or is purchasing the lot after September 1, 2005. (4) the number of payments remaining under the contract. Sept. 1, 1999. 149, Sec. Added by Acts 1995, 74th Leg., ch. (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. 430 (S.B. (c) The statement required by Subsection (b) must be: (B) in 14-point boldface type or 14-point uppercase typewritten letters; and. Sec. (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. Noise & Nuisances - Neighbor Law - Guides at Texas State Law Library 1510), Sec. Sec. Amended by Acts 1999, 76th Leg., ch. June 5, 1995. 4, eff. 1760), Sec. 4, eff. (3) the lots are sold to adjoining landowners. 979, Sec. These plats usually accompany a deed as an exhibit or are included with documents that are required for sale of a property. September 1, 2019. An offense under this subsection is a Class A misdemeanor. (c) The commissioners court shall publish notice of an application for cancellation. 1239 (S.B. 404, Sec. 5.95(27), eff. Added by Acts 2003, 78th Leg., ch. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. Amended by Acts 1999, 76th Leg., ch. (f) This section does not diminish the authority or modify the procedures specified by Chapter 395. (c) 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 does not lay out a part of the tract described by Section 232.001(a)(3); and. June 16, 1995. Sec. 12, eff. 9, eff. 10, eff. Sec. 12.004, eff. Renumbered from Sec. June 16, 1995. 425), Sec. Amended by Acts 1991, 72nd Leg., ch. (a) A commissioners court or designee that conditionally approves or disapproves of a plat application under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or the reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. 1, eff. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999. Added by Acts 1995, 74th Leg., ch. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. 232.0095. 2022-02-17-0112. adopted 2/17/22. (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. (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. (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. Sept. 1, 1999. 99, Sec. TITLE 7. 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). (b) If any part of a plat applies to land intended for residential housing and any part of that land lies in a floodplain, the commissioners court shall not approve the plat unless: (1) the subdivision 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; and. CANCELLATION OF CERTAIN SUBDIVISION PLATS IF EXISTING PLAT OBSOLETE. 62, Sec. CANCELLATION OF CERTAIN SUBDIVISIONS IF LAND REMAINS UNDEVELOPED. All other past due taxes are surrendered for collection on July 1st of the year the taxes became delinquent and are also subject to the additional 15 or 20% collection fee. 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. 232.105. (d) If the approval of the plat is within the exclusive jurisdiction of the planning commission, the planning commission shall take final action on a plat application, including the resolution of all appeals, not later than the 60th day after the date a completed plat application is received by the planning commission. Visit the Jury Services webpage for more information. Sec. (B) a description of the administrative determination proceeding, including notice that the administrative determination may result in the extinguishment of any and all rights and legal interests in the lot. Amended by Acts 1999, 76th Leg., ch. (C) a statement signed by an engineer licensed in this state certifying that the plans for the water and sewer facilities meet the minimum state standards; (4) the commissioners court finds that the unplatted subdivision at the time the delay or variance is requested is developed in a manner and to an extent that compliance with specific platting requirements is impractical or contrary to the health or safety of the residents of the subdivision; and. (d) The commissioners court shall publish notice of an application for the cancellation and reestablishment. 979, Sec. (f) A person requesting service may obtain a certificate under Subsection (d)(1) only if the person provides to the commissioners court either: (A) a copy of the means of conveyance or other documents that show that the land was sold or conveyed to the person requesting service before September 1, 2005; and, (B) a notarized affidavit by that person that states that construction of a residence on the land, evidenced by at least the existence of a completed foundation, was begun on or before September 1, 2005; or. 345, Sec. 1, eff. The receiver's use of the funds in connection with the receiver's duties or authority under this subchapter shall be subject to the approval of the court. Amended by Acts 1989, 71st Leg., ch. (2) the commissioners court or designee that received the response does not disapprove the application on or before the date required by Subsection (a) and in accordance with Section 232.0026. 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. Acts 2013, 83rd Leg., R.S., Ch. (2) have attached to the plat a document prepared by an engineer registered to practice in this state certifying that the water and sewer service facilities described by the plat or the document attached to the plat are in compliance with the model rules adopted under Section 16.343, Water Code. Added by Acts 1989, 71st Leg., ch. amendment to 364.15 of the Leon County Subdivision Rules supersedes any prior adopted Subdivision regulations where they conflict, effective June 28, 2017. 1, eff. 229.003. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. Additionally, the Zoning Commission prepares a final report for the City Council on recommendations for change in zoning district boundaries or regulations in zoning districts. PROVISIONS CUMULATIVE.

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