§ 35-431. Application for Plat Identification Number/Letters of Certification.

STATEMENT OF PURPOSE

The purpose of this section is to assist the applicant in obtaining necessary certifications needed for plat approval and to coordinate applications for subdivision approval with the standards and procedures required by this chapter.

(a)

Applicability. Prior to filing an application for plat approval, the applicant shall secure letters of certification as required by this section.

(b)

Initiation.

(1)

Certifying Departments. A request for letters of certification and required items shall be filed by the applicant with the following entities (hereinafter "certifying entities):

A.

Department of planning and community development.

B.

Office of historic preservation.

C.

SAWS or other entity/entities providing water and/or wastewater service to the project.

D.

CPS Energy or other entity/entities providing electric and/or natural gas service to the project.

E.

Department of parks and recreation. Nonresidential plats at the discretion of the development services director in consultation with the director of the parks and recreation department may not be submitted to the parks and recreation department for review and comment on park or open space dedication. Nonresidential plats will be submitted to the parks and recreation department for information purposes only. If the parks and recreation department should find a plat that they wish to comment on they may do so by submitting such comment to the attention of the development services director at least twenty-four (24) hours prior to the planning commission meeting at which the plat is to be heard.

F.

Applicable county.

G.

Department of development services.

(2)

Referral. If rights-of-way and/or easements for telephone, cable television, or internet service are provided, the applicant shall depict them on the plat. Where applicable, a completed request for review form shall be required from Bexar Metro 911 and/or the City Aviation Department.

(3)

Copies to Development Services Director. A copy of each request for an application for plat identification number/letter of certification shall be filed with the director of development services. The request for an application for plat identification number/letter of certification shall contain the information prescribed in Appendix "B". In order to track the application, the director of development services will assign a plat identification number to the letters of certification in the event that an application for subdivision plat approval is filed.

(4)

Plat Number. Prior to submitting a plat, replat, or amending plat for review by the city or any other agency, the applicant shall complete a plat application with the department of development services, provide a digital file of the boundaries in accordance with subsection 35-B101(e) and obtain a plat number.

When a plat ID number is initially requested, applicants shall pay the total application for plat identification number/letters of certification processing fee in connection with the request for a plat ID number. The planning commission processing fee shall be remitted at the time the planning commission plat application is submitted.

To accrue rights under Chapter 245 an applicant shall submit information describing the project that provides fair notice of the project to the city. The director of development services shall then review the application for completeness to ascertain that all required items and associated information for administrative review purposes have been submitted.

(5)

Fees. At the time an application for a plat number is submitted, the applicant shall pay to the City of San Antonio the platting fees specified in Appendix "C" in the manner described in subsection (b)(4). The platting fees are not transferable to other properties nor are they refundable. However, refunds shall be granted if the fees collected are in excess of the amount required at the time of plat filing, and such excess is not due to a substantial design change from that which was indicated on the initial application, or if an error in the plat fee calculation is discovered. If a plat is not formally filed with the planning commission within two (2) years from the date of the plat application, the application expires and new platting fees shall be required. The following situations shall be exempt from platting fees:

• City of San Antonio projects which involve platting, and which are payable from the general fund.

• Permeable areas identified on a proposed plat such as private or public drains, conservation, landscape, or greenbelt easements.

(c)

Completeness Review. Upon receipt of a request for letters of certification, the director of planning and development services shall classify the request as a tentative major subdivision or a tentative minor subdivision. However, a plat that the director of planning and development services finds is for the sole purpose of amending one (1) or more building setback lines shall be submitted to the planning commission for consideration without review by any other agency. Such plat shall be referred to as a building setback line plat (BSL) and shall comply with all provisions of Chapter 212 of the Texas Local Government Code. It is noted that while the city has created an expedited review process and waived the public hearing notification fee, the proposed BSL plat will have to comply with the public hearing provisions noted in article IV.

The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission. When a certifying department determines that the proposed plat or any of the required accompanying data does not conform with the requirements of this chapter, the certifying department shall so notify the applicant and director of planning and development services. If the certifying department issues a letter of certification recommending disapproval of the proposed plat, the letter shall indicate the section and specific requirement of the regulations and the manner in which the request does not comply. The applicant may then revise the nonconforming aspects or may file the proposed request with the planning commission pursuant to section 35-432 of this chapter, with or without a request for a variance (section 35-483 of this article) provided, however, that if no variance request is submitted and approved and the application does not conform to this chapter, the application shall be denied.

(1)

Tentative Minor Subdivisions. Respective reviewing departments and agencies shall report to the director of planning and development services whether the request for letters of certification is complete within five (5) days after submittal of the request.

(2)

Tentative Major Subdivisions. Respective reviewing departments and agencies shall report to the director of planning and development services whether the request for letters of certification is complete within ten (10) days after submittal of the request.

(d)

Decision. A letter of certification shall be issued digitally by the reviewing agency and maintained in the city's application tracking system prior to subdivision plat approval. The following procedures shall apply to the issuance of a letter of certification:

(1)

LOC Technical Minor Subdivisions Plat Review. After respective certifying departments and agencies have determined whether the request for letters of certification and required technical data is complete each certifying department shall issue a letter of certification within ten (10) working days. The applicant may at his/her option revise any nonconforming aspects. However, if any data are revised and resubmitted, the certifying department shall have an additional ten (10) days from the latest date of submission to issue or deny a revised letter of certification.

(2)

LOC Technical Major Subdivisions Plat Review. After respective certifying departments and agencies have determined whether the request for letters of certification and required technical data is complete each certifying department shall issue a letter of certification within fifty (50) days. When a certifying department or agency determines that the proposed plat or any of the required accompanying data does not conform with the requirements of this chapter, the applicant may at his/her option revise any nonconforming aspects. If any data is revised and resubmitted, the certifying department/agency shall have up to fifty (50) days from the latest date of submission minus the number of days used for the initial review to issue or deny a letter of certification. In no case shall the certifying department have fewer than ten (10) days to review a resubmittal.

(3)

Failure to Submit Letter of Certification. If a letter of certification is not issued or denied within the time periods prescribed in subsections (1) or (2), above, the same shall be deemed issued and the applicant may submit an application for subdivision plat approval pursuant to section 35-432, below, without submitting the letter of certification.

(e)

Approval Criteria. Approval criteria do not apply to this section because a letter of certification does not authorize any subdivision or development activity, and any action by the certifying department shall constitute only a recommendation as to whether the activities subject to the request for letters of certification would comply with the requirements of this chapter. The letters of certification request is a process for compiling a complete application for subdivision review.

(f)

Subsequent Applications. Not applicable.

(g)

Amendments. A letter of certification may be amended prior to filing an application for subdivision approval if the proposed amendment:

• Does not increase the number of lots subject to the application.

• Does not increase by more than five (5) percent the lineal footage of roadways or the areas within the paved surface of the street right-of-way.

• Does not reduce the amount of open space within the proposed subdivision.

(h)

Scope of Approval. A letter of certification does not authorize the development or subdivision of land. Upon receipt of all letters of certification, the applicant may submit an application for subdivision plat approval.

Letters of certification shall remain valid for nine (9) months from the date of issuance by the certifying department/agency. After that time period, new or updated letters of certification shall be required to file a proposed plat with the planning commission.

The director's decision to classify a subdivision as major or minor is based upon information provided by the applicant. If the conditions relating to the classification of a subdivision as major or minor change (such as an increase in the number of lots or a subsequent application for a subdivision variance), the letters of certification shall become null and void and the applicant shall refile the request for letters of certification.

(Ord. No. 97568 § 2) (Ord. No. 98697 § 6) (Ord. No. 99795) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-02-16-0241, § 2, 2-16-06) (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. 2014-08-14-0581, § 4, 8-14-14; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)