§ 35-430. Applicability and General Rules.

(a)

Subdivisions Subject to this Section.

(1)

The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of the city who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. The division of a tract of land for any of the purposes specified herein does not require a transfer of title of all or part of the tract.

The owner of a tract of land situated within San Antonio's corporate limits or extraterritorial jurisdiction shall cause a plat to be made thereof upon a request for utility service or a building permit; or upon dividing the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts unless a specific exception to such requirement is provided for in subsection 35-430(c ). A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance, or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five (5) acres, where each part has access and no public improvement is being dedicated. For purposes of this subsection, access shall mean a minimum frontage of twenty (20) feet on a platted public or private street or an irrevocable platted ingress/egress easement.

(2)

The mechanism which is available to municipalities to become aware that a division of land has occurred or will occur is through a request for utility service and/or a building permit. V.T.C.A. Local Government Code § 212.012 recognizes this fact by prohibiting cities, officials of cities, city-owned or city-operated utilities, and public utilities from serving or connecting any land with water, sewer, electricity, gas, or other utility service unless the entity has been presented with or otherwise holds a certificate applicable to the land which has been issued by the planning commission indicating that a plan or plat is not required or that a plan or plat is required and has been approved by the commission.

(3)

The above notwithstanding, this should not be construed as a limitation to the city's ability to require platting under V.T.C.A. Local Government Code § 212.004, when the city has substantial evidence that land is being subdivided in the manner set out in V.T.C.A. Local Government Code § 212.004. In such an instance, however, the specific exceptions set out in subsection (b) herein shall remain applicable.

The City of San Antonio typically becomes aware that a division of land has occurred after the fact.

(b)

Classification of Subdivisions. Both major and minor subdivisions are subject to the criteria for approval of subdivision plats, unless a specific provisions indicates that it does not apply to minor subdivisions. Different time limits are prescribed for the review and processing of major and minor subdivisions in order to reflect the level of complexity involved in review of the applications. Subdivisions shall be classified as follows:

(1)

Minor Subdivisions [reference: V.T.C.A. Local Government Code § 212.0065(a)(2). A "minor subdivision " means any subdivision:

A.

Involving four (4) or fewer lots; and

B.

Fronting on an existing street; and

C.

Not involving the creation of any new street; and

D.

Not involving the extension of municipal utilities.

A requirement imposing sidewalk, curb, right or left turn lanes, pavement widening or streetscape tree improvement and installation shall not constitute a major plat.

(2)

Major Subdivisions. A "major subdivision" means any subdivision other than a minor subdivision or a development plat.

(c)

Plat Exceptions. In accordance with V.T.C.A. Local Government Code §§ 212.004 and 212.0045 the platting exceptions set forth below are established. Applicants exempt from subdivision plat approval may be subject to development plat approval requirements pursuant to section 35-432 of this article. Habitable uses within the regulatory floodplain shall always require platting. The applicant for plat exception shall provide proof of ownership in the form of a warranty deed and a current tax certificate with indication of no taxes due. The department of development services may issue building permits, and public utility providers may provide utility service, on any unplatted parcel otherwise subject to this section for the following activities:

(1)

The division of land into parts greater than five (5) acres within the city limits of the City of San Antonio, where each part has access and no public improvement is being dedicated, shall not require a subdivision plat. For purposes of this subsection, access shall mean a minimum frontage of fifteen (15) feet onto a public street or recorded access easement of fifteen (15) feet onto a public street. Public improvement shall mean creation of new streets, alleys or the extension of off-site utilities or the installation of drainage improvements. This subsection relates to an unplatted parcel of land within the city and limited to single-family or agricultural uses.

(2)

The division of land into parts greater than ten (10) acres in the ETJ of the City of San Antonio, where the owner does not lay out part of the tract for streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley squares, parks, or other parts shall not require a subdivision plat.

(3)

Uninhabitable uses that are to be retained in an undeveloped state shall not require a subdivision plat, provided: (1) the division does not create more than three (3) parcels, (2) each parcel contains a minimum area of five thousand (5,000) square feet, (3) the division does not involve the creation of any streets or alleys, and (4) no utility services shall be provided to the parcels, provided however, that the director of development services may exempt other uninhabitable uses from subdivision plat requirements upon determining that the uses are consistent with the intent of these provisions.

(4)

Each tract greater than ten (10) acres in size is eligible for up to three (3) single-family utility connections provided all tracts are held under common ownership, each tract has access and no public improvement is being dedicated. For purposes of this subsection, access shall mean each tract has a minimum frontage of fifteen (15) feet on an existing public or platted private street or irrevocable access easement.

(5)

The provision of utility service to not more than three (3) detached single-family dwelling units on an unplatted tract or antiquated plat shall not require a subdivision plat provided all of the following requirements are met:

A.

The tract is located outside the city limits within the extraterritorial jurisdiction of the city;

B.

The tract has a minimum of fifteen (15) feet of frontage on a public street or a recorded irrevocable access easement;

C.

The tract was created prior to January 1, 2005;

D.

The tract has a minimum area of five thousand (5,000) square feet for each dwelling unit, additional county requirements may be imposed where on-site sewage facility is proposed;

E.

The tract is held under single ownership;

F.

No dwelling unit will be located within a regulatory floodplain; and

G.

No public utility extension is required.

(6)

The provision of building permit and/or utility service to not more than one (1) detached single family dwelling unit on an unplatted tract or antiquated plat shall not require a subdivision plat provided all of the following requirements are met:

A.

The tract is located inside the city limits of the city;

B.

The tract has a minimum of fifteen (15) feet of frontage on a public street or a recorded irrevocable access easement;

C.

The tract must have an existing lot(s), block and NCB number.

D.

The tract was created prior to January 1, 2005;

E.

The tract has a minimum square footage required by the zoning classification in place at the time of the request;

F.

The tract is held under single ownership;

G.

No dwelling unit will be located within a regulatory floodplain; and

H.

No public utility extension is required.

(7)

Replacement and/or repair of a preexisting or existing single-family dwelling unit or related accessory structure shall not require a subdivision plat if:

A.

The applicant provides evidence that single-family development and/or single-family improvements had received electrical service for more than five (5) years prior to the date of application; and

B.

Expansion of a preexisting or existing single-family dwelling unit by up to one thousand (1,000) square feet or related accessory structure shall not require a subdivision plat.

(8)

An existing single-family residence can add a second residential structure provided that all requirements of section 35-371 are met. In addition, the applicant will need to comply with all zoning, building and on-site sewage facility requirements.

(9)

The land for which a building permit or utility service is being requested is a lot or the last remaining portion of a lot previously platted under the jurisdiction of the county or city.

(10)

A tract of land greater than five (5) acres in size is eligible for one (1) single-family utility connection provided the tract is held under common ownership, and no public improvements are being dedicated. For purposes of this subsection, the tract shall have a minimum frontage of fifteen (15) feet on an existing public or platted private street or irrevocable access easement. Property must conform to existing zoning standards.

(11)

Nonhabitable uses as defined by the International Building Code or Residential Code and accessory uses that are subordinate to another use shall not require a subdivision plat. Nonhabitable uses may include: pumps, oil wells, sheds, security lights, traffic devices, monuments, signs/billboards, utility equipment huts, communication towers, or public infrastructure shall not require a subdivision plat. This shall also include fences as well as unenclosed structures such as porches, carports, decks, gazebos and pavilions.

(12)

Public parks and golf courses owned, operated, or maintained by a governmental entity shall not require a subdivision plat. This exception shall not include athletic facilities such as stadiums, natatoriums, concession facilities or similar improvements within park facilities.

(13)

Temporary construction/subdivision sales offices or seasonal-type uses shall not require a subdivision plat. These uses may be permitted in any zoning district incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations and shall be removed within thirty (30) working days after final completion of the construction project with a maximum period of three (3) years; and the applicant can reapply for a new permit. Temporary uses are as defined in section 35-391 of the UDC and subdivision sales office as defined in section 35-389 of the UDC.

(14)

The division of any tract of land into parcels which are to be used solely for agricultural, mining, or quarrying purposes shall not require a subdivision plat, provided: (1) each parcel contains a minimum area of twenty (20) acres, and (2) no utility services shall be provided to a habitable use.

(15)

Sewer and water service to existing buildings. If existing buildings on an unplatted tract are occupied, sewer and water services may be provided if all of the following conditions are met:

A.

The applicant provides evidence that single-family and/or non single-family development and/or single-family and/or non-single-family improvements had received electrical service for more than five (5) years prior to the date of application for sewer and/or water services;

B.

The site is not subject to major thoroughfare dedication;

C.

If applicable, existing building(s) shall comply with the floodplain ordinance;

D.

Service is restricted to existing uses; and

E.

Impact fees are paid at the time of application for service.

(16)

Requests for permits within a lawfully permitted existing building's footprint including remodeling, general repair and maintenance, roofing, ADA accessibility, trade permits, and similar improvements, shall not require a subdivision plat.

(17)

A commercial and/or multi family lot is located within the original thirty-six (36) square mile area of San Antonio, and the boundaries of the lot were recorded in the Deed and Plat Records of Bexar County prior to June 14, 1927 and the lot remains in its original configuration. It shall be the obligation of the applicant for plat exception to provide documentation of the lot's recording prior to June 14, 1927.

(d)

Certificate of Determination [Reference: V.T.C.A. Local Government Code § 212.0115]. On the written request of an owner of land, an entity that provides utility service, or the city council, the director of planning and development services shall make the following determinations regarding the owner's land or the land in which the entity or city council is interested that is located within the jurisdiction of the city:

• Whether a plat is required under this division for the land; and

• If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the director of planning and development services.

The request made under this subsection must identify the land that is the subject of the request and, if applicable, shall include evidence of on-site sewage facilities review and approval from the respective county. If the director of planning and development services determines under this subsection that a plat is not required, the director of planning and development services shall issue to the requesting party a written certification of that determination. If the director of planning and development services determines that a plat is required and that the plat has been prepared and has been reviewed and approved, the director shall issue to the requesting party a written certification of that determination. The director of planning and development services shall make a determination within twenty (20) days after the date it receives the request under this subsection and shall issue the certificate, if appropriate, within ten (10) days after the date the determination is made. For purposes of this subsection, term director of planning and development services shall mean the director of planning and development services in the case of an application for a building permit, or the utility provider in the case of an application for utility service.

The city council hereby delegates the ability to perform the responsibilities under this subsection to the director of planning and development services or the applicable utility provider. A binding decision regarding subdivisions by the director under this subsection is appealable to the planning commission. A binding decision regarding building permits by the director or utility service by the applicable utility under this subsection is appealable to the board of adjustment.

(e)

Conflict with County Regulations. This division shall not be applied in such a manner to amend or alter any rules, regulations, procedures or policies lawfully and officially adopted by the governing body of any county in which there exists territory contained within the area of extraterritorial jurisdiction of the city. In the circumstance where any rule, regulation, procedure or policy lawfully and officially adopted by the governing body of any county is less restrictive than those contained herein, then the standards of this chapter shall apply. For the purpose of this section, regulations shall be administered in accordance with an inter-local agreement executed by the city council with each respective county.

(f)

Performance Agreements.

(1)

Performance Agreement Required. No plat shall be approved unless a performance agreement is provided and filed with the City of San Antonio that meets the requirements of section 35-437 of this chapter, unless no improvements are required.

(2)

Performance Agreement and Site Improvement Time Extension Granted by the director or Planning Commission.

A.

Application Requirements.

1.

Site improvement construction must have begun.

2.

A proper application must be submitted in writing, including the justification for such extension, to the director of development services at least thirty (30) days prior to the time limit in the performance agreement.

3.

A performance guarantee extension must be provided, if applicable. Whether an extension agreement is approved by the director or the planning commission, for:

a.

Recorded Plats. An applicant must file a guarantee extension within thirty (30) days of the granting of an agreement extension or the agreement extension becomes null and void.

b.

Unrecorded Plats. If the plat is unrecorded and no performance guarantee previously provided, no guarantee extension is required.

B.

Procedure.

1.

The city attorney's office shall have ten (10) working days for review of the guarantee as to form, and

2.

The director shall have five (5) working days for review and approval/denial of the guarantee.

3.

Any re-submittal of a revised guarantee shall have the same review periods as under subsections A. and B., above.

4.

The applicant and the city may agree to an extension of such time periods.

C.

Fees. A subdivider shall pay any fees associated with time extensions to the director.

D.

Approval of Extensions .

1.

May be granted by the director after consultation with all affected departments and utilities for:

a.

Sidewalk Improvements. Unless subject to subsection 35-506(q)(4), a time extension of three (3) years from the expiration of a performance agreement may be granted upon submission to and approval by the director of:

i.

Plan showing uncompleted sidewalks; and

ii.

Time schedule for completion; and

iii.

Updated cost estimate to complete.

b.

Other Site Improvements. A time extension of one (1) year from the expiration of a performance agreement may be granted upon completion of at least seventy-five (75) percent of the required site improvements and approval by the director.

2.

May be granted by the planning commission if an applicant is unsuccessful or ineligible for approval under subsection A., above, and the planning commission decision to approve/deny is made at least thirty (30) days prior to the expiration of any current performance agreement or guarantee, however such extension shall not exceed three (3) years.

E.

Effect. Notwithstanding any extensions approved or required hereunder, approved plats shall expire if not recorded within seven (7) years of approval.

(Ord. No. 97568 § 2 and 4) (Ord No. 98697 § 1 and 6) (Ord. No. 99795) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)