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 San Antonio
 Unified Development Code
 Article IV. PROCEDURES
 Division 4. SUBDIVISIONS

  § 35-434. Plat Deferral.  

Latest version.

  • (a)

    Applicability. The director of development services may grant a deferral of the requirement to plat for a subdivision of four (4) or fewer lots to allow a submittal for a building permit and/or utility services prior to plat approval. The time period for which the platting requirement may be deferred shall not exceed one hundred eighty (180) days. An application to defer platting may be filed if the following conditions are met:

    (1)

    The proposed plat is not part of an approved planned unit development and/or other city approved applicable plan.

    (2)

    The proposed project will not require a floodplain development permit.

    (3)

    The proposed project is not a replat which requires a public hearing involving notification.

    (4)

    Construction will not encroach onto an existing or proposed easement, right-of-way, or building setback.

    (5)

    The proposed plat will not require a variance to this chapter.

    (6)

    The proposed project is not contingent upon a change in zoning district.

    (7)

    Construction will not occur over the Edwards Aquifer recharge zone.

    (8)

    All of the proposed lots have existing frontage and access to a public street.

    (9)

    All utilities are existing and no public improvements will be required with the proposed plat.

    (10)

    Does not involve closure or vacating of a public right-of-way.

    (11)

    Applicant shall secure on-site sewage facility approval from the applicable county if required.

    (b)

    Initiation. To request a plat deferral, a plat application and a letter of application signed by the landowner or his authorized agent shall be filed with the director of development services. The letter and supporting documentation shall conform to the requirements of appendix "B."

    (c)

    Completeness Review. The director of development services shall review the plat deferral application for completeness as set forth in subsection 35-432(c) of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

    (d)

    Decision.

    (1)

    Review. The application letter and supporting data shall be reviewed by the development services department (streets, trees and TIA), office of historic preservation, transportation and capital improvements and other appropriate departments/agencies within thirty (30) days of receipt of all required documents and fees. Upon receipt of the comments of the reviewing agencies the director of development services shall consider the application and may grant or deny a request to defer platting.

    (2)

    Conditions. All plat deferrals shall be subject to the following conditions:

    • Recommendations of departments/agencies providing services prior to platting as approved by the director of development services and consistent with the criteria set forth in article V of this chapter.

    • The required subdivision plat shall be formally filed with the director of development services within one hundred eighty (180) days and shall be considered by the director within thirty (30) days thereafter.

    • No permanent electrical service or certificate of occupancy shall be issued until the plat is duly approved and recorded in the office of the county clerk.

    • If no utility service or building permit is issued within one hundred eighty (180) days, the plat deferral shall become null and void and the platting fees shall not be returned.

    (e)

    Approval Criteria. See subsection 35-432(e) of this chapter.

    (f)

    Subsequent Applications. See subsection 35-432(f) of this chapter.

    (g)

    Scope of Approval. A plat deferral may be revoked if any of the conditions set forth below apply.

    (1)

    Deferral Conditions Not Applicable. If any of the conditions relating to applicability of plat deferral, as set forth in subsection (a) hereto, are found and determined not to apply to the proposed application, or if the applicant requests a variance, the director may revoke the plat deferral.

    Revocation of a plat deferral shall render any electric service and/or building permit null and void until such time as a plat is approved and recorded. The applicant may appeal the decision of the director to the planning commission within thirty (30) days after notification of revocation of a plat deferral.

    (2)

    Plat Deferral - Failure to Submit Plat. If final submittal for plat approval is not complete within one hundred eighty (180) days of the date the plat deferral was granted the director shall authorize the termination of electric service and/or revocation of the building permits until such time as a plat is approved and recorded.

(Ord. No. 99795) (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)