Acts 1987, 70th Leg., ch. These plats usually accompany a deed as an exhibit or are included with documents that are required for sale of a property. 8, eff. (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. (c) Subsection (b) does not apply if a seller other than a subdivider or agent of a subdivider resides on the lot. 232.028. Sec. (6) a special district or authority created by state law that provides utility services. (l) A utility may provide service under Subsection (k) only if the person requesting the service provides to the commissioners court documentation that evidences compliance with the requirements of Subsection (k) and that is satisfactory to the commissioners court. 232.102. 1, eff. Sec. 1, eff. (c) This subchapter is subject to the applicable enforcement provisions prescribed by Sections 16.352, 16.353, 16.354, and 16.3545, Water Code. A platted subdivision; or (R) 1.01-(g)(1) Property contiguous to and within 300 feet of a platted subdivision. (c) On request, the county clerk shall provide the attorney general or the Texas Water Development Board: (1) a copy of each plat that is approved under this subchapter; or. PDF Leon County Subdivision Regulations Approved and Accepted by Leon 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. 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. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS. Acts 1987, 70th Leg., ch. At the conclusion of the hearing, the court shall adopt an order on whether to cancel the subdivision. 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. 3, eff. (a) A person who has subdivided land that is subject to the subdivision controls of the county in which the land is located may apply in writing to the commissioners court of the county for permission to revise the subdivision plat filed for record with the county clerk. 232.076. (4) "Floodplain" means any area in the 100-year floodplain that is susceptible to being inundated by water from any source or that is identified by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. If the subdivider mails the statement to the purchaser, the statement must be postmarked not later than January 31. 1390 (S.B. 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. CANCELLATION OF SUBDIVISION. (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. This subsection does not prohibit a provider of utilities from terminating services under other law to a resident who has failed to timely pay for services. September 1, 2013. Sec. 5.95(27), eff. Restriction Original Unit # 1 & 2 Volume 8807 page 1681-1686. Amended by Acts 1999, 76th Leg., ch. (e) The failure of the attorney general to comment or object to a delay or variance granted under this section does not constitute a waiver of or consent to the validity of the delay or variance granted. The documentation or other information must relate to a requirement authorized under this section or other applicable law. 1599), Sec. Amended by Acts 1999, 76th Leg., ch. PLAT APPLICATION FEE. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. (b) Notice under Subsection (a)(1) must be provided to each owner and lienholder for whom an address can be reasonably ascertained from the deed of trust or other applicable instrument on file in the office of the county clerk or in the records of the office of the central appraisal district for the county. (c) A developer may appeal the determination of the commissioners court to a county or district court of the county in which the development project is located within 30 days of the final determination by the commissioners court. This subsection applies only to: (1) a municipality that provides utility services; (2) a municipally owned or municipally operated utility that provides utility services; (3) a public utility that provides utility services; (4) a nonprofit water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides utility services; (5) a county that provides utility services; and. (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. (2) under Section 3, Part VI, Texas Rules of Civil Procedure, and Chapter 34, Civil Practice and Remedies Code, real property presumed to be for residential use under Section 232.022, taken by virtue of a writ of execution. VARIANCES FROM REPLATTING REQUIREMENTS. 232.0315. Sec. 211 South Flores Street San Antonio, TX 78207 Phone: 210-335-2700 APPLICABILITY. Acts 2009, 81st Leg., R.S., Ch. Sections 4001 through 4127). 779 (H.B. (E) notice that the order is appealable to a district court in the county within 60 calendar days of the order. Subdivision Plats. 430 (S.B. Sept. 1, 1999. (b) If a county elects to operate under this section, Section 232.005 does not apply to the county. 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. (a) Any owner or lienholder of record of a platted lot aggrieved by an order issued under Section 232.153 may file in a district court in the county in which the property is located a verified petition alleging that the decision is illegal, in whole or in part, and stating with specificity the grounds of the alleged illegality. Sec. (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. (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. 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). The affidavit must be filed with the county clerk. 1111 (S.B. 7, eff. Kerr County Subdivision Rules & Regs / Nov. 26, 2007 Page 8. June 20, 2003. 4, eff. COUNTY INSPECTOR. (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. Restrictions state must be 75% masonary. The application to request a zoning change can be found in the Agendas & Resources.. (c) The commissioners court shall publish notice of an application for cancellation. Sec. (a) This section applies only to a municipality located wholly or partly in a county: (1) with a population of 750,000 or more; (2) in which all or part of a municipality with a population of one million or more is located; and Added by Acts 1997, 75th Leg., ch. A person may not meet the requirements of this subsection through the use of a letter of credit unless that letter of credit is irrevocable and issued by an institution guaranteed by the FDIC. This map, at the discretion of the county, is to show the improvements to all the . (b) Under the contract, the developer shall construct the improvements, and the county shall participate in the cost of the improvements. 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). Sept. 1, 1999. The minimum standards may include only: (1) reasonable specifications to provide adequate drainage in accordance with standard engineering practices, including specifying necessary drainage culverts and identifying areas included in the 100-year flood plain; (2) reasonable specifications for providing an adequate public or community water supply, including specifying the location of supply lines, in accordance with Subchapter C, Chapter 341, Health and Safety Code; (3) reasonable requirements for providing access to sanitary sewer lines, including specifying the location of sanitary sewer lines, or providing adequate on-site sewage facilities in accordance with Chapter 366, Health and Safety Code; (4) a requirement for the preparation of a survey identifying the proposed manufactured home rental community boundaries and any significant features of the community, including the proposed location of manufactured home rental community spaces, utility easements, and dedications of rights-of-way; and. Sec. The commissioners court may refuse to approve a plat if it does not meet the requirements prescribed by or under this chapter or if any bond required under this chapter is not filed with the county. 2022-02-17-0112. adopted 2/17/22. (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. CIVIL PENALTIES. 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. 5, eff. 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. 232.021. (e) On application for cancellation of a subdivision or any phase or identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of 75 percent of the property included in the subdivision, phase, or identifiable part, the commissioners court by order shall authorize the cancellation in the manner and after notice and a hearing as provided by Subsections (b) and (c). 425), Sec. Aug. 26, 1991; Acts 1995, 74th Leg., ch. September 1, 2013. (2) certifies that adequate groundwater is available for the subdivision. After the cancellation instrument is filed and recorded in the deed records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. (6) standards for flood management meeting the minimum standards set forth by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. 1420, Sec. A person who obtains a certificate under this section is not required to obtain a certificate under Section 212.0115.
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