422, Sec. Sec. Amended by Acts 1999, 76th Leg., ch. (a) In addition to the authority granted under Section 232.045, a commissioners court may implement an expedited process to administratively determine that a platted lot is abandoned, unoccupied, and undeveloped if the lot: (1) has remained undeveloped for 25 years or more after the date the lot was platted; (2) is part of a subdivision in which 50 percent or more of the lots are undeveloped or unoccupied; (3) is part of a subdivision in which 50 percent or more of the lots are 10 acres or less in size; (4) had an assessed value of less than $1,000 as of January 1, 2021; and. the lot size shall be determined in accordance with the requirements of the Bexar County Commissioners' Court Order "Regulating and Licensing of Private Sewage Facilities," and shall be approved by . (a) The commissioners court may impose an application fee to cover the cost of the county's review of a subdivision plat and inspection of street, road, and drainage improvements described by the plat. June 16, 1995. 979, Sec. (c) A subdivider who fails to provide, in the time and manner described in the plat, for the construction or installation of water or sewer service facilities described on the plat or on the document attached to the plat or who otherwise violates this subchapter or a rule or requirement adopted by the commissioners court under this subchapter is subject to a civil penalty of not less than $500 or more than $1,000 for each violation and for each day of a continuing violation but not to exceed $5,000 each day and shall also pay court costs, investigative costs, and attorney's fees for the governmental entity bringing the suit. 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. (B) to which Subchapter B does not apply. CONFLICT OF INTEREST; PENALTY. The commissioners court may require inspection of the infrastructure during or on completion of its construction. 1, eff. 951 (H.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. (f) The commissioners court is not required to give notice by mail under Subsection (c) if the plat revision only combines existing tracts. (a) This section applies only to a subdivision for which: (1) a plat has been filed for 75 years or more; (2) the most recent plat describes at least a portion of the property as acreage tracts; (3) a previous plat described at least a portion of the property as lots and blocks; and. APPLICABILITY. 708 (S.B. 18.35, eff. September 1, 2009. September 1, 2019. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided. Acts 2009, 81st Leg., R.S., Ch. Sec. Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. (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. APPROVAL PROCEDURE: APPLICABILITY. 232.073. 1239 (S.B. (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. 4, eff. NEITHER THE COUNTY NOR THE SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 552), Sec. 404, Sec. Amended by Acts 1999, 76th Leg., ch. or any other restrictions in the Map Collection materials. 277, Sec. 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. 232.0034. ADDITIONAL REQUIREMENTS: FUTURE TRANSPORTATION CORRIDORS. June 19, 2009. (2) through which the county, to the extent practicable, may apply to the subdivision more current street, road, drainage, and other infrastructure requirements. 1, eff. 9, eff. 5, eff. (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. Sec. (d) Whenever a request is made under Subsection (b), the commissioners court shall issue the requesting party a written certification of its determinations. You may make your request by E-filing, Mail or in person. Sec. Sec. 2022-02-17-0112. adopted 2/17/22. 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. 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. 232.0027. (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. 232.097. PLAT REQUIRED. (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. (b) The commissioners court of a county may cancel, after notice and a hearing as required by this section, a subdivision for which the plat was filed and approved before September 1, 1989, if: (1) the development of or the making of improvements in the subdivision was not begun before the effective date of this section; and. Sec. (C) a water and sewer utility, as defined by Section 13.002, Water Code. Sec. (b) A subdivider who owns a subdivision commits an offense if the subdivider knowingly fails to timely provide for the construction or installation of water or sewer service as required by Section 232.032 or fails to make a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032. Acts 2005, 79th Leg., Ch. 232.010. Amended by Acts 2001, 77th Leg., ch. Both entrances are ADA accessible. 232.107. Sept. 1, 1997. (d) If a receiver dies, resigns, or becomes incapacitated, the court shall appoint a receiver to succeed the former receiver. Acts 2005, 79th Leg., Ch. (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. 425), Sec. September 1, 2005. June 16, 1995. Acts 2009, 81st Leg., R.S., Ch. District Clerk. 29, eff. (2) the owner does not lay out a part of the tract described by Section 232.001(a)(3). DEVELOPMENT PLAN REVIEW. (d) If a member of the commissioners court of a county has a substantial 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 stating the nature and extent of the interest and shall abstain from further participation in the matter. 129, Sec. Added by Acts 2003, 78th Leg., ch. 232.0048. Sept. 1, 1999. FIRE SUPPRESSION SYSTEM. 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. (d) At the hearing, the commissioners court shall permit any interested person to be heard. How do I obtain a certified copy of a document? 16, eff. 1, eff. (6) road access to a plat or subdivision in an adjoining county. Sec. 129, Sec. 232.081. 21.001(85), eff. (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. 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. (d) The county may conduct a single hearing for multiple lots and make a determination that multiple lots are abandoned, unoccupied, and undeveloped based on the same evidence. 1111 (S.B. Sec. 1, Sec. ADVERTISING STANDARDS AND OTHER REQUIREMENTS BEFORE SALE; OFFENSE. (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. Sec. 1, eff. (f) Not later than the 14th day after the date of the order, the county shall: (1) post notice of the order at the county courthouse; and. JUDICIAL REVIEW. Sec. Amended by Acts 1999, 76th Leg., ch. 6, eff. 1599), Sec. 3, eff. (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. Acts 2007, 80th Leg., R.S., Ch. 4, eff. (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. (2) make reasonable efforts to notify each owner and lienholder of the lot of the time and place of the hearing as provided by Section 232.154. 708 (S.B. Acts 2019, 86th Leg., R.S., Ch. 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. (b) Under the contract, the developer shall construct the improvements, and the county shall participate in the cost of the improvements. (f) The 30-day period under Subsection (d): (1) may be extended for a period not to exceed 30 days, if: (A) requested and agreed to in writing by the applicant and approved by the commissioners court or the court's designee; or, (B) Chapter 2007, Government Code, requires the county to perform a takings impact assessment in connection with the plat application; and. (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. 232.158. Sec. (6) to correct an error in courses and distances of lot lines between two adjacent lots if: (A) both lot owners join in the application for amending the plat; (C) the amendment does not attempt to remove recorded covenants or restrictions; and. 4, eff. The requirements provided by this section are in addition to the other requirements of this chapter. (B) more than one utility connection for each single-family residential dwelling located on the property. Sept. 1, 1999. 4, eff. 1239 (S.B. Sec. (d) This subchapter does not grant a commissioners court or a planning commission the power to regulate the use of property for which a permit has been issued to engage in a federally licensed activity. (6) "Lot" means a parcel into which land that is intended for residential use is divided. The court shall enter the order in its minutes. (2) in which the commissioners court by order elects to operate under this subchapter. 232.003. 1, eff. 232.008. (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: September 1, 2007. (c) The appointed receiver is an officer of the court. (c) Notice, a hearing, and the approval of other lot owners are not required for the filing, recording, or approval of an amending plat. (c) Minutes of the planning commission's proceedings must be filed with the county clerk or other county officer or employee designated by the commissioners court. 635 (S.B. 1867), Sec. (d) Except as provided by Subsection (f), the commissioners court or the court's designee shall approve, approve with conditions, or disapprove a plat application not later than the 30th day after the date the completed application is received by the commissioners court or the court's designee. 4, eff. (d) A subdivider commits an offense if the subdivider allows the conveyance of a lot in the subdivision without the appropriate water and sewer utilities as required by Section 232.032 or without having made a reasonable effort to have electric utility service and gas utility service installed by a utility as required by Section 232.032. 232.092. You may enter the building through the Justice Center on Dolorosa or the Paul Elizondo Tower on Nueva St. (closest to the parking garage). (2) may disapprove the application only for a specific condition or reason provided to the applicant for the original application under Section 232.0026. 3834), Sec. Visit the Jury Services webpage for more information. (g) A person requesting service may obtain a certificate under Subsection (d)(2) only if the person provides to the commissioners court an affidavit that states that the property was not sold or conveyed to that person from a subdivider or the subdivider's agent after September 1, 2005. (2) known, designated, or advertised as a common unit or by a common name. Sept. 1, 1999. To find your precinct and who represents you, please use the Who Represents Me? Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. 232.042. Sept. 1, 1987. (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). In a subdivision that is not served by fire hydrants as part of a centralized water system certified by the Texas Commission on Environmental Quality as meeting minimum standards for water utility service, the commissioners court may require a limited fire suppression system that requires a developer to construct: (1) for a subdivision of fewer than 50 houses, 2,500 gallons of storage; or. 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. (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. 7, eff. Sec. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. 1, eff. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sec. 2.30, eff. (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. CRIMINAL PENALTIES. Each lot conveyed constitutes a separate offense. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 232.002. 979, Sec. (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. 377, Sec. 232.0015. (4) require platting or replatting under Section 232.040. September 1, 2005. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 21, eff. 425), Sec. June 16, 1995. 736, Sec. 2033), Sec. Added by Acts 1999, 76th Leg., ch. Map of Bexar County : showing subdivisions of original surveys and names of present owners; Names . (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. 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. Property plats are drawings of a individual property and are usually used to identify property lines and can include easements. 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. (B) known, designated, or advertised as a common unit or by a common name. (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. (2) in an affected county, as defined by Section 16.341, Water Code, that has adopted the model rules developed under Section 16.343, Water Code, and is located along an international border. (c) The request made under Subsection (b) must adequately identify the land that is the subject of the request. 54(c), eff. Sept. 1, 1999. Added by Acts 1995, 74th Leg., ch. AMENDING PLAT. The commissioners court may only adopt minimum infrastructure standards for ingress and egress access by fire and emergency vehicles that are reasonably necessary. Sept. 1, 1999. 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. (d) A delay or a variance granted by the commissioners court is valid only if the commissioners court notifies the attorney general of the delay or variance and the reasons for the delay or variance not later than the 30th day after the date the commissioners court grants the delay or variance. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 39, eff. (f) This section does not diminish the authority or modify the procedures specified by Chapter 395. (b) The amending plat controls over the preceding plat without the vacation, revision, or cancellation of the preceding plat. September 1, 2019. 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. An application is approved by the commissioners court or the court's designee unless the application is disapproved within that period and in accordance with Section 232.0026. ADDITIONAL REQUIREMENTS: USE OF GROUNDWATER. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. 1402), Sec. The following are the steps to be undertaken by the applicant and the City of San Antonio and/or Bexar County as part of the traffic impact analysis (TIA) and roughly proportionate determination study. (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. 11, eff. September 1, 2013. (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. (d) Except as provided by Subsection (e), a person who violates Subsection (a) or (b) is subject to a civil penalty of not less than $10,000 or more than $15,000 for each lot conveyed or each subdivision that becomes a nuisance. (2) "Improvements" means water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and other utility facilities. (i) If the commissioners court or the court's designee fails to approve, approve with conditions, or disapprove a plat application as required by this subchapter: (1) the commissioners court shall refund the greater of the unexpended portion of any application fee or deposit or 50 percent of an application fee or deposit that has been paid; (2) the application is granted by operation of law; and. This subsection does not apply to a violation for which a criminal penalty is prescribed by Section 232.0048. VARIANCES FROM PLATTING REQUIREMENTS. 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. Added by Acts 2019, 86th Leg., R.S., Ch. 364.15. Sec. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. The notice must be published in a newspaper, published in the English language, in the county for at least three weeks before the date on which action is taken on the application. Sept. 1, 1999. (a) The planning commission shall issue a written list of the documentation and other information that must be submitted with a plat application. Plat Required. 430 (S.B. Acts 1987, 70th Leg., ch. June 15, 2007. ___ The property is in a recorded subdivision. (3) the lots are sold to adjoining landowners. (12) "Subdivider" means an individual, firm, corporation, or other legal entity that directly or indirectly subdivides land into lots for sale or lease as part of a common promotional plan in the ordinary course of business.
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