§ 35-432. Procedures for Subdivision Plat Approval.

(a)

Applicability. The provisions of this section apply to any minor subdivision plat, major subdivision plat, or development plat.

(b)

Initiation. A final submittal for subdivision plat approval may be filed after a letter of certification or a revised letter of certification has been issued by the certifying agencies. An application for subdivision plat approval shall not be filed until after a letter of certification or a revised letter of certification has been issued by each certifying agency. As required by V.T.C.A. Local Government Code § 212.008, an application for plat approval shall be filed with the planning commission. The director of planning and development services shall serve as the agent for the planning commission for purposes of accepting plat applications pursuant to this chapter. For the purpose of the time limits established by V.T.C.A. Local Government Code § 212.009, no plat shall be deemed filed with the planning commission until the plat, and all required items as set forth in this chapter, performance agreement as applicable, tax certificates, letters of certification and, if applicable, a request for a variance as specified in section 35-483 have been submitted to the planning commission. The plat application shall expire unless the plat application is heard by and approved by the director of planning and development services or the planning commission within twenty-four (24) months from the date the plat application is submitted to the department of planning and development services.

(c)

Completeness Review for Plat Approval.

(1)

The director of planning and development services shall determine whether letters of certification have been completed and whether the submittal contains the information required by Appendix "B" to this chapter. Completeness review shall be governed by this section and section 35-402, to the extent not inconsistent with this section. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(2)

Review and Acknowledgement. No plat shall be considered filed until review and acceptance of the master development plan is completed.

(d)

Decision.

(1)

Reviewing Agency. The reviewing agency for major plats is the planning commission. The reviewing agency for minor plats is the director of planning and development services unless a variance is requested, in which case the reviewing agency shall be the planning commission. For plats located in the ETJ which involve a variance or administrative exception the respective county shall also review and may deny the variance prior to issuing the applicant a letter of certification (LOC).

(2)

Time Limit for Approval. The reviewing agency shall act on a plat within thirty (30) days after the date the plat is filed. Plats shall not be deemed filed unless and until it is determined that complete information has been provided, as set forth in subsection (c) of this section. A plat is deemed approved unless it is approved or disapproved within the thirty-day period.

(3)

Withdrawal of Application. Once filed with the reviewing agency, a plat may be withdrawn provided that a written notice of withdrawal stating the reasons for the request is submitted to the director of planning and development services. The thirty-day time limitation shall cease on the date that the notice is received by the director; however, the director may elect to present a withdrawal request to the planning commission for consideration. A plat application shall be void for all purposes if it is withdrawn by the applicant.

(4)

Planning Commission Certification. Pursuant to V.T.C.A. Local Government Code § 212.0115, the planning commission shall on approval of a plat issue to the applicant a certificate as set out in Appendix "B" stating that the plat or plan has been reviewed and approved by the commission.

(e)

Criteria. No person shall subdivide any tract of land except in conformity with the provisions of this chapter. The plat shall be approved unless it is inconsistent with any of the criteria set forth in article V of this chapter. The plat shall not be approved if it does not comply with any of the criteria set forth in article V of this chapter. The decision making entity shall approve a plat if it conforms to:

• The master plan of the city and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

• The transportation plan and major thoroughfare plan for the extension of major thoroughfares, streets, and public highways within San Antonio and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;

• Any applicable watershed master drainage plan adopted by the city; and

• The rules and regulations contained within article V of this chapter.

(f)

Subsequent Applications. There is no restriction on reapplication for subdivision approval.

(g)

Amendments. Amendments to a subdivision plat shall be approved in the same manner as the original plat, except as otherwise provided for amending plats or replats herein.

(h)

Scope of Approval.

(1)

Approval Does Not Constitute Acceptance. The approval of a subdivision plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the city or county any duty regarding the maintenance or improvement of any purportedly dedicated parts until the governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement.

(2)

Failure to Approve. An application for plat approval shall expire, and shall be void for all purposes if a plat is not approved in accordance with this chapter within two (2) years from the date that the plat number was assigned. Upon expiration of the plat application, a new plat number, application and fee shall be required if plat approval is still sought.

(3)

Failure to Record. If a plat is not recorded in the county deed and plat records within three (3) years from the date of plat approval or upon expiration of any time extension thereto, approval of such plat shall expire. Thereafter, should the applicant desire to record the plat, a new application shall be required in the same manner as for a previously unsubmitted plat. Prior to the three-year expiration date the applicant may request a time extension in accordance with subsections 35-430(f)(2) and section 35-437 of this article.

(4)

Duration. See section 35-711 of this chapter.

(i)

Recording Procedures.

(1)

Fees. At the time an application for a plat located within the city limits is submitted to the director of development services, the applicant shall deposit fees covering the cost of recording the plat. Such fees shall be in the form of a check made payable to the City of San Antonio.

(2)

Recordation. The director of development services shall release for recordation an approved plat in the deed and plat records of the county within which the plat is located, provided the property owner consents in writing, outstanding liens imposed by the city (on sites cleared of debris, removal of health hazards, over growth and/or the razing of unsafe building(s)) is resolved and approved by the director of finance, and the plat meets applicable conditions:

A.

No site improvements are required;

B.

All required site improvements have been completed and accepted by the director of development services;

C.

A performance agreement and a guarantee of performance as described in section 35-437 have been filed with and approved by the director of development services and the city attorney's office as to form; and/or

D.

All required impact and drainage fees have been paid.

(Ord. No. 98697 § 1 and 6) (Ord. No. 99795) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2009-08-20-0661, § 3, 8-20-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)