§ 35-494. Enforcement of Subdivision Regulations.

(a)

Permits. Building permits shall not be issued by the city for any structure on a tract of land [or] lot within the corporate limits of the city which has not been platted and the plat duly recorded in the office of the county clerk.

(b)

Utility Service to Land First Served Prior to September 1, 1987. No public utility such as water, sewer, electricity, or gas which is owned, controlled or distributed by the city, will be provided to a lot in a subdivision within the corporate limits of the city or its extraterritorial jurisdiction that has not been platted and the plat duly recorded in the office of the county clerk. In addition, all relevant impact fees required to provide utility service to the land must be paid prior to the provision of service.

(c)

Utility Service to Land First Served on or After September 1, 1987. No public utility or city-owned or city-operated utility that provides water, sewer, electricity, gas, or other utility service shall serve or connect any land within the corporate limits of San Antonio or its extraterritorial jurisdiction unless the utility has been presented with or otherwise holds a certificate applicable to the land and issued by the planning commission under subsection 35-432(d)(4). In addition, all relevant impact fees required to provide utility service to the land must be paid prior to the provision of service.

(d)

Completion of Improvements.

(1)

Liability. A subdivider shall be held liable to the city for the completion of all site improvements required by these regulations until such time as the improvements shall have been actually completed and accepted by the city.

(2)

Remedy. If the construction of site improvements has been guaranteed by a filed and approved form of security described in section 35-437 and such improvements have not been completed and accepted by the city within the time period prescribed by these regulations, the director of development services, after written notification has been given to the subdivider, shall take such action as may be required to cause payment to be made to the city of the amounts of money secured by a guarantee of performance. Such amounts of money shall be used by the director of development services to finance the completion of the required improvements. In the event that the amounts of money referred to above are insufficient to finance the completion of the required improvements, the director of development services shall so notify the subdivider in writing and shall require the subdivider either to complete the improvements or to make available to the city the amount of money required to finance their completion within the following ninety (90) days. Should the subdivider fail to do either of the above and such failure is not due to strikes, riots, acts of God, acts of the public enemy, injunction or other court action, or any other cause similar to those enumerated beyond the subdivider's control, the director of development services shall refer the matter to the city attorney for such action as the city attorney may deem appropriate to compel the subdivider to comply with the provisions of the performance agreement entered into by the subdivider as a condition precedent to the approval of the plat by the planning commission, or to pursue any other remedy which may be available to the city. Further, until such time as the required site improvements have been completed and accepted by the city, the director of development services shall refuse to accept from such subdivider a performance guarantee under any form which is related to the plat of a subdivision, subsequently filed with the planning commission, in which such subdivider has a principal or subsidiary interest. Such a plat, once it has been approved by the planning commission, may be recorded only in the manner prescribed in subsection 35-432(i)(1).

(3)

Exemptions. The provisions of this section shall not apply if a subdivider is prevented from completing and having accepted such required site improvements within the prescribed time by reason of strikes, riots, acts of God, acts of the public enemy, injunction or other cause similar to those enumerated beyond the subdivider's reasonable control. The subdivider shall be entitled to an extension of time equal to the time of such delay that shall be fixed by written certificate made by the director of planning and development services. It is expressly declared that no such allowance of time will be made unless claimed by the subdivider and allowed and certified in writing by the director of planning and development services at the end of each period of such delay.

(Ord. No. 98697 § 1 and 6) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)