___ No person other than the subdivider: (2) has a claim of ownership to the property; or. September 1, 2013. Sec. (e) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into four or fewer parts and does not lay out a part of the tract described by Section 232.001(a)(3) to have a plat of the subdivision prepared if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code. Added by Acts 1995, 74th Leg., ch. An application submitted to the commissioners court or the person designated by the commissioners court that contains the documents and other information on the list is considered complete. (g) The commissioners court may impose a fee for filing an application under this section. Sept. 1, 2003. (3) the land was not subdivided after September 1, 1995, and: (A) water service is available within 750 feet of the subdivided land; or. SERVICES PROVIDED BY SUBDIVIDER. (a) In this section, "subdivided tract" means a tract of land, as a whole, that is subdivided. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. 11, eff. 364.15. (b) 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 232.078 relating to conflicts of interest. 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. 6, eff. (2) provides to the utility a certificate described by Subsection (c). Amended by Acts 1999, 76th Leg., ch. Sec. APPLICABILITY. PDF Kerr County 4, eff. (b) On the filing of a petition under Subsection (a), the court may issue a writ of certiorari directed to the county to review the order of the county and shall prescribe in the writ the time within which a return on the writ must be made and served on the relator or the relator's attorney. 376, Sec. Sec. September 1, 2011. CHAPTER-WIDE PROVISION RELATING TO REGULATION OF PLATS AND SUBDIVISIONS IN EXTRATERRITORIAL JURISDICTION. Added by Acts 2003, 78th Leg., ch. For information on obtaining a Marriage License, please contact the Bexar County Clerk's Office at (210) 335-2221 or visit the County Clerk's webpage for marriage information. 951 (H.B. Subdivision Plats: establishes the location of lots, common areas, and easements. 404, Sec. September 1, 2015. Both entrances are ADA accessible. (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. 1239 (S.B. The court may not adopt an order canceling a subdivision if: (1) the cancellation interferes with the established rights of a person who is a nondeveloper owner and owns any part of the subdivision, unless the person agrees to the cancellation; or. On a final determination that a platted lot is abandoned, unoccupied, and undeveloped as provided by this subchapter, an owner or lienholder's rights and legal interests are extinguished, subject to the provisions of this subchapter regarding any net proceeds resulting from the disposition of the property, and transferred to the receiver. Sept. 1, 1997. The court must order additional notices to an owner or lienholder about the net proceeds as are practicable during the trust period and, on expiration of the trust period, any money remaining in the receivership shall escheat to the state. (c) A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to another person who, under Subsection (b), has a substantial interest in the tract. September 1, 2007. Local Rules | Bexar County, TX - Official Website PDF Leon County Subdivision Regulations Approved and Accepted by Leon (b) The subdivider shall provide a copy in Spanish of all written documents relating to the sale of subdivided land under an executory contract, including the contract, disclosure notice, and annual statement required by this section and a notice of default required by Subchapter D, Chapter 5, Property Code, if: (1) negotiations that precede the execution of the executory contract are conducted primarily in Spanish; or. Sec. (e) The time period prescribed by Subsection (d) may be extended for: (1) a reasonable period if requested by the applicant; and. Sept. 1, 1999. (e) The planning commission may adopt rules necessary to administer this subchapter. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. Sec. 979, Sec. Added by Acts 1995, 74th Leg., ch. (c) If it is shown at the trial of an offense under Subsection (a) that the defendant caused five or more residences in the subdivision to be inhabited, the offense is a state jail felony. Sept. 1, 1991; Acts 1995, 74th Leg., ch. (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. 404, Sec. Sec. Restrictions. 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. 979, Sec. 62, Sec. Bexar County Code Compliance Quick Reference (d) During a regular term of the commissioners court, the court shall adopt an order to permit the revision of the subdivision plat if it is shown to the court that: (1) the revision will not interfere with the established rights of any owner of a part of the subdivided land; or. Sec. The notice must include a statement of the time and place at which the court will meet to consider the application and to hear protests to the revision of the plat. Added by Acts 1989, 71st Leg., ch. (f) A member of the planning commission serves at the pleasure of the commissioners court and is subject to removal as provided by Chapter 87. Sec. CONFLICT OF INTEREST; PENALTY. September 1, 2009. 12, eff. Acts 1987, 70th Leg., ch. 54(b), eff. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999. 624, Sec. 232.007. In a legal action challenging a disapproval of a plat application under this subchapter, the county has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of this subchapter or any applicable case law. (a-1) Except as provided by Subsection (c) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless 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)(1) that the plat has been reviewed and approved by the commissioners court. 979, Sec. (B) the land was developed or improved within the period described by Subsection (b). Added by Acts 1999, 76th Leg., ch. An offense under this section is a Class A misdemeanor. Checks or money orders are to be made payable to: Lucy Adame-Clark, Bexar County Clerk. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1999. The plat is subject to the filing and recording provisions of Section 12.002, Property Code. Sec. Sec. CONNECTION OF UTILITIES IN CERTAIN COUNTIES WITHIN 100 MILES OF INTERNATIONAL BORDER. 2, eff. 232.0048. The commissioners court may only adopt minimum infrastructure standards for ingress and egress access by fire and emergency vehicles that are reasonably necessary. 404, Sec. (b) Before a person assumes the duties of a receiver, the person must be sworn to perform the duties faithfully. (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. APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL. The commissioners court must issue written findings stating the reasons why compliance is impractical. (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. (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. 232.0034. Acts 2007, 80th Leg., R.S., Ch. APPROVAL BY COUNTY REQUIRED. View persons arrested in the past 24 hours at the Magistrates Office Search Website. The process by which a subdivision plat is reviewed, approved and ultimately recorded is called 'platting'. 2021 International Energy Conservation Code, IECC. (f) The planning commission may not compel an applicant to waive the time limits prescribed by this section. If a petition is not filed within 60 calendar days of the order, the order shall become final. 951 (H.B. (4) the county tax assessor-collector lists the property in the subdivision on the tax rolls based on the description in the previous plat and assesses taxes on the basis of that description. 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). APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE. 404, Sec. 552), Sec. (b) The county does not have an ownership interest in any lot that is administratively determined to be abandoned, unoccupied, and undeveloped or that is placed in a receivership under this subchapter, except for any existing or future legal interest established by other law. Acts 2013, 83rd Leg., R.S., Ch. 1364 (S.B. Sec. The notice must be published in English and Spanish in a newspaper of general circulation in the county in which the real property is located. (a) A subdivision plat must accurately reflect the subdivision as it develops. 425), Sec. Sec. 3167), Sec. (d) The developer must execute a performance bond for the construction of the improvements to ensure completion of the project. 2, eff. (j) The prohibition established by this section does not prohibit an electric or gas utility from providing electric or gas utility connection or service to a lot: (1) sold, conveyed, or purchased through a contract for deed or executory contract or other device by a subdivider before September 1, 2005; (2) located within a subdivision where the utility has previously established service; and.
