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SUBDIVISIONS

San Antonio Unified Development Code art. IV, div. 4
in effect

San Antonio Unified Development Code § 35-430 Applicability and General Rules.

Sec. 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, public infrastructure, or utility-related infrastructure including but not limited to: electrical substations, water towers, and communication towers 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, 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. (18) An Urban Farm or Greenhouse as each is described in this chapter so long as each of the following criteria are met: a. The division does not create a lot smaller than five thousand (5,000) square feet in area except where the substandard parcel to be developed under this subsection is pre-existing; b. There are no habitable structures on site (habitable does not include a utility shed); c. There are no permanent toilets on site; (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; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-431 Application for Plat Identification Number/Letters of Certification.

Sec. 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 until expiration of the application from the date of issuance by the certifying department/agency, unless the project incurs any of the following changes: increasing the size of the plat, increases in the number of dwelling units, decrease in open space, or the addition/deletion/modification of easements. If any of these changes occur after the Letter of Certification (LOC) was issued, 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; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-432 Procedures for Subdivision Plat Approval.

Sec. 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. For residential subdivisions with detention, detention ponds must be completed prior to plat recordation. (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; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-433 Development Plat.

Sec. 35-433. - Development Plat. (a) Applicability. (1) Pursuant to V.T.C.A. Local Government Code § 212.041, the city hereby chooses by ordinance to be covered by Subchapter B of V.T.C.A. Local Government Code Ch. 212. (2) A boundary survey is required for any person who: A. Is required or elects to file a subdivision plat within the city limits of San Antonio; and B. Is not required to file a subdivision plat as required in sections 35-431 and 35-432. (3) A development plat is not required where: A. The person is required or elects to file a subdivision plat within the city limits of San Antonio; or B. One (1) of the exceptions established in subsections 35-430(c)(3)—(c)(15) applies; or C. The tract is greater than five (5) acres if inside the city limits, has access with a minimum frontage of fifteen (15) feet onto a public right-of-way, public street, platted private street or recorded irrevocable access easement, and which requires no public dedications. Providing further that the owner agrees not to further subdivide without filing a subdivision plat and a request for utilities shall not serve more than three (3) dwelling units. (b) Initiation. See subsection 35-432(b) of this chapter (c) Completeness Review. The director of planning and development services shall review the development plat 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. The development plat shall be processed in the same manner as a minor plat, subsection 35-432(d) of this article. (e) Approval Criteria. The city adopts the following general plans, rules, and ordinances to govern development plats of land within the city and its extraterritorial jurisdiction to promote the health, safety, morals, and general welfare of the city and the safe, orderly, and healthful development of the city: (1) The city's master plan, including all of its component plans. (2) CPS Energy's plans and regulations pertaining to the extension of electric and gas service. (3) San Antonio Water System's Waterworks Master Plan. (4) The Unified Development Code (Chapter 35 of the City Code). (5) Any applicable watershed master drainage plan adopted by the city. In addition see subsection 35-432(e) of this chapter. (f) Subsequent Applications. See subsection 35-432(f) of this chapter. (g) Amendments. See subsection 35-432(g) of this chapter. (h) Scope of Approval. (1) Approval Does Not Constitute Dedication. The approval of a development 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 any duty regarding the maintenance or improvement of any purportedly dedicated parts until the city's governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement. (2) Impact Fees. New development may not begin on the property until all impact fees have been paid as required by section 35-507 of this chapter and/or the San Antonio Water System's regulations for water service and the development plat is approved by the city. (3) Building Permits/Septic Tank Approval. The city, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this section until a development plat is filed with and approved by the city. Applicants for development plat approval may also require approval by Bexar County for septic facilities or, in the exterritorial jurisdiction of the city, a subdivision plat. Bexar County does not recognize development plats approved by the city. Accordingly, applicants may choose to file a subdivision plat pursuant to the major subdivision or minor subdivision procedures of this chapter in lieu of filing a development plat. (i) Recording Procedures. See subsection 35-432(i), above. (Ord. No. 97568 § 2) (Ord. No. 98697 § 6) (Ord. No. 101816, § 2, 12-15-05)(Ord. No. 2006-11-30-1333, § 2, 11-30-06; Ord. No. 2015-12-17-1077, § 2, 12-17-15)

San Antonio Unified Development Code § 35-434 Plat Deferral.

Sec. 35-434. - Plat Deferral. (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)

San Antonio Unified Development Code § 35-436 Administrative Exceptions.

Sec. 35-436. - Administrative Exceptions. The city hereby finds and determines that some standards of this chapter are routinely modified due to exceptional circumstances such as difficult terrain and unique topographical conditions. The city finds and determines that the granting of such exceptions is in the public interest, but that administrative review is needed in order to ensure that the spirit and intent of this chapter is preserved. Accordingly, these procedures permit administrative exceptions to be granted as part of the subdivision plat approval process without the need for a variance. Applicants who are denied an administrative exception may then seek a variance in accordance with section 35-483 of this article. (a) Applicability. The director of planning and development services may grant an administrative exception from the requirements of article V of this chapter as provided in section 35-501. However, when the request involves deviation from applicable design standards in the extraterritorial jurisdiction (ETJ), approval from the applicable county is required. (b) Initiation. An exception shall be requested as part of the application for a subdivision plat approval. The exception shall be specifically labeled in the application with a specific reference to this section of the Code, along with any supporting documentation justifying the need for an exception. (c) Completeness Review. The application for an exception shall be reviewed for completeness concurrent with the completeness review for the subdivision plat or development plat. (d) Decision. The exception shall be approved, denied, or approved with conditions as part of the decision approving, denying, or approving with conditions the application for approval of a subdivision plat or development plat. (e) Approval Criteria. The exception shall be granted if the reviewing agency finds and determines that: 1. The exception will not be contrary to the spirit and intent of this chapter and the specific regulations from which an exception is requested; and. 2. The applicant has taken all practicable measures to minimize any adverse impacts on the public health, safety and public welfare; and 3. Under the circumstances, the public interest underlying the proposed exception outweighs the public interest underlying the particular regulation for which the exception is granted; and 4. The proposed exception complies with all other applicable standards of subsection 35-432(e) to the extent practicable. (f) Subsequent Applications. See subsection 35-432(f) of this chapter. (g) Amendments. See subsection 35-432(g) of this chapter. (h) Scope of Approval. See subsection 35-432(h) of this chapter. (i) Recording Procedures. See subsection 35-432(i) of this chapter. (Ord. No. 96564 § 1) (Ord. No. 98697 § 1) (Ord. No. 99795)

San Antonio Unified Development Code § 35-437 Performance Agreement.

Sec. 35-437. - Performance Agreement. When site improvements, other than gas and electric lines, are required in conjunction with a plat, a performance agreement to ensure construction of the site improvements shall be executed by the applicant and filed with the planning commission together with the plat. Such instrument shall be substantially the same as form "F" in Appendix "B," section 35-121 and shall be filed with the City of San Antonio when a guarantee of performance is required. A request for an extension of time for plat recordation shall include a request for an extension of the performance agreement. (a) Guarantee of Performance. As is provided for in subsection 35-432(i), an approved plat may be filed for record before the required site improvements are completed if one (1) of the following guarantees of performance is approved and filed with the City of San Antonio within three (3) years after the plat has been approved by the planning commission: a performance bond, an irrevocable trust agreement, an irrevocable standby letter of credit, or a cash or cashier's check. A guarantee of performance may be submitted before plat approval; however, for plat recordation the plat must meet the requirements of this section. In no event shall an applicant self-insure, notwithstanding that the applicant is a surety company, trust institution, or bank. All site improvement estimates submitted to the director of development services shall detail the specific improvements needed, and shall bear the official seal and signature of a professional engineer attesting to the accuracy of the dollar amounts contained in the estimate. Any guarantee submitted shall clearly state the procedure and complete contact information for collection should a claim or draw be necessary, and shall cover the time period from submittal and approval to three (3) years, or three (3) years and ninety (90) days in the case of a letter of credit, from the date of plat approval. (1) Performance Bond. A single performance bond shall be executed by a surety company licensed in the State of Texas and listed at the time of bond submission on the Department of the Treasury's Listing of Approved Sureties as a certified company. The amount shall equal the cost estimate, as approved by the director of development services, of all uncompleted and unaccepted improvements required by these regulations (other than gas and electric lines), with the condition that the subdivider shall complete such improvements and have them pass a final inspection by the director of development services, within three (3) years from the date of plat approval, or shall have received an approved extension at least thirty (30) days prior to the expiration of the performance bond. A performance bond must be claimable through a Texas office designated on the bond and shall be substantially in the same form as form "H" set out in Appendix "B," subsection 35-B121. The director of development services is authorized to sign the bond instrument on behalf of the city and the city attorney shall approve the same as to form prior to acceptance of the performance bond. (2) Irrevocable Trust Agreement. The subdivider shall cause to be placed in a trust account on deposit with a "Trust Institution", as defined by the Texas Finance Code, Title 3. Financial Institutions and Businesses, that is licensed to do business in the State of Texas, (specifically, a bank, trust company, savings bank, savings association or credit union as selected by the subdivider and approved by the director of development services) a sum of money equal to the cost estimate, as approved by the director of development services, of all uncompleted and unaccepted site improvements (other than gas and electric lines) required by these regulations. The trust account must be drawable in Texas and shall be established by agreement which shall be substantially in the same form as form "J" set out in appendix "B", subsection 35-B121. The director of development services is authorized to sign the agreement on behalf of the city and the city attorney shall approve same as to form. (3) Irrevocable Standby Letter of Credit. The subdivider shall provide a single irrevocable letter of credit issued by a bank licensed to do business in the State of Texas in an amount equal to the cost estimate, as approved by the director of development services, of all uncompleted and unaccepted site improvements (other than gas and electric lines) required by these regulations. The letter of credit must be drawable through a Texas office, state that the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the letter of credit, and shall be substantially in the same form as form "K" set out in Appendix "B," subsection 35-B121(f). The director of development services is authorized to sign the agreement on behalf of the city and the city attorney shall approve same as to form prior to acceptance of the letter of credit. (4) Cash or Cashier's Check. The subdivider shall provide to the city cash or a cashier's check in an amount equal to the cost estimate as approved by the director of development services, of all uncompleted and unaccepted site improvements (other than gas and electric lines) required by these regulations. Such cash or cashier's check shall be deposited and handled as per city policy. The cash or cashier's check shall be submitted along with a cash performance deposit instrument. Such instrument shall be substantially in the same form as form "W" set out in Appendix "B," subsection 35-B121. Upon completion of the required improvements and the site improvements passing inspection by the director of development services, the amount will be refunded to the subdivider by the city. (b) Substituting Guarantees. When a subdivider has given security in any of the forms hereinabove provided, and fifty (50) percent of the required site improvements have been completed and approved in writing by the director of development services, the subdivider may substitute for the original guarantee, a new single guarantee in an amount equal to the cost of the remaining site improvements. The cost estimate shall be approved by the director of development services. Such new guarantee need not be in the same form as the original guarantee so long as such guarantee is one that is listed in subsection (a). However, in no event shall the substitution of one security for another in any way change or modify the terms and conditions of the performance agreement or the obligation of the subdivider as specified in the performance agreement. Additionally, a guarantee (not including irrevocable trust agreements) may not be substituted more than two (2) times (not to include a one-time substitution approved by the director of development services upon the granting of a time extension) and in no event shall the amount of a substituted guarantee be less than ten (10) percent of the total amount of the original guarantee amount. For irrevocable trust agreements, subdivider may withdraw from the irrevocable trust amount when fifty (50) percent or more of the remaining cost estimate has been completed and approved in writing by the director of development services. Subdivider may not withdraw more than four (4) times (not to include a one-time substitution approved by the director of development services upon the granting of a time extension) during the life of the irrevocable trust. In no event shall the amount of the irrevocable trust be less than twenty (20) percent of the total amount of the original cost estimate until all improvements have been completed and approved. (c) Supplementary Guarantees. Supplementary guarantees may be required as follows: (1) Renewal. Until the expiration of the three-year period from the date of plat approval, the director of development services, shall periodically review the estimated cost of completing such site improvements as are not then completed and determine the adequacy of the existing performance guarantee. Should the director of development services, determine that the sum set out in the performance guarantee is inadequate to provide for the completion of the uncompleted site improvements, he or she shall require a substitute guarantee to cover the newly estimated cost or a supplemental guarantee to cover the additional sum needed for completion. (2) Performance Guarantee. If a subdivider submits an original performance guarantee after a period of two (2) years has elapsed from the date on which a plat was approved by the planning commission, the actual cost estimate of completing the uncompleted site improvements shall be increased by an amount, based upon a locally recognized construction cost index as approved by the director of development services, required to cover an estimated inflationary increase in the cost during the duration of the period covered by the performance guarantee. (3) Failure to Provide Guarantee. Should the subdivider fail to provide the necessary additional substitute guarantee within thirty (30) days of a request for same by the director of development services, the director of development services shall refuse to accept from such subdivider a performance agreement or guarantee under any form which is related to a plat subsequently filed in which such subdivider has an interest. (d) Release Upon Completion of Site Improvements. Upon completion of the required site improvements and final inspection by the director of development services, and county engineer if the site is located in the extraterritorial jurisdiction of the city, an instrument releasing the applicant from the provisions of the performance agreement and the performance guarantee shall be filed with the City of San Antonio. Such release shall be substantially the same as form "L" in appendix "B", subsection 35-B121. If a warranty bond is required under subsection 35-501(h), release of any performance bond is conditioned upon acceptance of such warranty bond. If the necessary permits required to complete the site improvements (including, but not limited to, floodplain development permits) are denied by the city and are no longer required to serve the lots within the subdivision, the director of development services shall approve and release the performance agreement and guarantee as provided herein. (e) Site Improvement Time Extensions. Time extensions for an approved and filed guarantee of performance may be granted by the director of planning and development services or the planning commission as provided under section 35-430(f)(2) (performance agreement and site improvement time extension granted by director of planning and development services or planning commission). (f) No Third Party Beneficiaries Intended. It is the intention of the City of San Antonio that submitted and approved guarantees are limited to a contract between the city and the applicant for the express purposes of providing protection for the citizens of San Antonio, eliminating conditions which could become public nuisances, and ensuring compliance with the Unified Development Code. It is not intended that this security be available for payment of subcontractors or material suppliers in the nature of a payment bond, or that the security provided become available to the purchasers of property to correct construction flaws or defects which are the fault of a previous owner. (Ord. No. 96564 § 1) (Ord. No. 98697 § 1 and 6) (Ord. No. 99795) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2015-12-17-1077, § 2, 12-17-15)

San Antonio Unified Development Code § 35-438 Acceptance of Dedication.

Sec. 35-438. - Acceptance of Dedication. Pursuant to V.T.C.A. Local Government Code § 212.011, the approval of a plat shall not be considered an acceptance of any proposed dedication and does not impose on the city any duty regarding the maintenance or improvement of any dedicated parts until the appropriate city authorities make an actual appropriation of the dedicated parts by entry, use, or improvement. The disapproval of a plat shall be considered a refusal by the city of the offered dedication indicated on the plat. (Ord. No. 96564 § 1) (Ord. No. 98697 § 6)

San Antonio Unified Development Code § 35-439 Owner-Initiated Plat Vacation.

Sec. 35-439. - Owner-Initiated Plat Vacation. (a) Applicability. The provisions of this section establish a process for approving the elimination of a plat, in whole or in part. Pursuant to V.T.C.A. Local Government Code § 212.013, the proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. (b) Initiation. The owner or owners of lots in any approved subdivision, including the developer, shall initiate a plat vacation by filing a petition and declaration with the director of planning and development services to vacate the plat with respect to their properties. The petition shall conform to the requirements of Appendix "B." The instrument shall be the same as form "M" set out in Appendix "B," subsection 35-B120(f). If the subdivider so desires, the vacating declaration and an application requesting resubdivision of the plat may be filed and processed simultaneously. Upon filing the vacating declaration, a filing fee as specified in Appendix "C" shall be paid to the City of San Antonio in addition to the required recordation fee. The filing fee shall not be required if the vacating declaration is filed and processed simultaneously with a resubdivision plat. (c) Completeness Review. The director of planning and development services shall review an application for a plat vacation as provided 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. The petition may be approved, conditionally approved or disapproved at a regular public meeting of the planning commission subject to the criteria in subsection (e), below. (e) Approval Criteria. The planning commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare; but in no event may the planning commission approve a petition for vacation if it will materially injure the rights of any non-consenting property owner or any public rights in public improvements unless expressly agreed to by the agency with jurisdiction over such improvements. (f) Subsequent Applications. Not applicable. (g) Amendments. Not applicable. (h) Scope of Approval. On the execution and recording of the vacating instrument, the vacated plat has no effect. A plat may be resubdivided upon vacation of the original plat. The resubdivision of the land covered by a plat that is vacated shall be platted in the same manner as is prescribed by this chapter for an original plat. In addition a copy of the vacating declaration form (subsection 35-B115(d)) shall be submitted with the resubdivision plat. (i) Recording Procedures. The county clerk shall write legibly on the vacated plat the word "vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. (Ord. No. 96564 § 1)

San Antonio Unified Development Code § 35-440 Replatting Without Vacating Preceding Plat.

Sec. 35-440. - Replatting Without Vacating Preceding Plat. (a) Applicability. Pursuant to V.T.C.A. Local Government Code § 212.014, a replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if either: (1) The replat is the only instrument by which any covenants and restrictions therein are recorded, and the replat: A. Is signed and acknowledged by only the owners of the property being replatted; B. Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and C. Does not attempt to amend or remove any covenants or restrictions. (2) Or the replat is NOT the only instrument by which any covenants and restrictions therein are recorded, and A. The replat is signed and acknowledged by each owner and only the owners of the property being replatted; B. The municipal authority responsible for approving plats holds a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard; C. The replat does not amend, remove, or violate, or have the effect of amending, removing, or violating, any covenants or restrictions that are contained or referenced in a dedicatory instrument recorded in the real property records separately from the preceding plat or replat; D. The replat does not attempt to amend, remove, or violate, or have the effect of amending, removing, or violating, any existing public utility easements without the consent of the affected utility companies; and E. The municipal authority responsible for approving plats approves the replat after determining that the replat complies with this chapter and rules adopted under V.T.C.A. Local Government Code § 212.002 and this section in effect at the time the application for the replat is filed. (b) Initiation. A subdivider wishing to replat a previously approved and recorded plat shall file with the department of planning and development services the proposed replat in accordance with section 35-431. (c) Completeness Review. The director of planning and development services shall review an application for replat in accordance with 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. Pursuant to V.T.C.A. Local Government Code §§ 212.002, 212.014, and 212.0146, the municipal authority responsible for approving plats shall approve the replat after determining that the replat complies with this chapter and rules adopted under § 212.002 and this section in effect at the time the application for the replat is filed. (e) Approval Criteria. The replat shall be approved unless it is inconsistent with any of the criteria set forth in article V of this chapter. The replat shall not be approved if it does not comply with any of the criteria set forth in article V of this chapter. (f) Subsequent Applications. There is no restriction on subsequent applications for a replat. (g) Amendments. A replat may be amended by filing a new replat. The replat shall be processed in the same manner as the original replat. (h) Scope of Approval. Approval of a replat shall be restricted to the matters described in subsection (e) of this section, and shall confer no additional rights upon the applicant. (i) Recording Procedures. See subsection 35-432(i) of this chapter. The replat may be recorded and is controlling over the preceding plat without vacation of that plat. (j) Affidavits. Applications for replat approval shall be accompanied by a signed affidavit of no conflict with existing covenants or restrictions. Such affidavit shall be in substantially the same form as the appropriate sample form in section 35-B121. (Ord. No. 96564 § 1) (Ord. No. 98697 § 6; Ord. No. 2015-12-17-1077, § 2, 12-17-15)

San Antonio Unified Development Code § 35-441 Amending Plats.

Sec. 35-441. - Amending Plats. STATEMENT OF PURPOSE The purpose of this section is to provide a streamlined and efficient process for the combination of parcels or the replat of parcels. Pursuant to V.T.C.A. Local Government Code § 212.0045, a municipality need not require platting for every division of land otherwise within the scope of the state subdivision enabling legislation. V.T.C.A. Local Government Code § 212.0065 authorizes the city to authorize amending plats to be approved administratively. (a) Applicability. Pursuant to V.T.C.A. Local Government Code § 212.016, a plat may be amended, and the director may issue an amending plat, if the amending plat is signed by the applicants only and is solely for one (1) or more of the following purposes: (1) To correct an error in a course or distance shown on the preceding plat; (2) To add a course or distance that was omitted on the preceding plat; (3) To correct an error in a real property description shown on the preceding plat; (4) To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments; (5) To show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; (6) To correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots if: A. Both lot owners join in the application for amending the plat; B. Neither lot is abolished; C. The amendment does not attempt to remove recorded covenants or restrictions; and D. The amendment does not have a material adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; (9) To relocate one (1) or more lot lines between one (1) or more adjacent lots if: (A) The owners of all those lots join in the application for amending the plat; (B) The amendment does not attempt to remove recorded covenants or restrictions; and (C) The amendment does not increase the number of lots; (10) To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if: (A) The changes do not affect applicable zoning and other regulations of the city; (B) The changes do not attempt to amend or remove any covenants or restrictions; and (C) The area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area. (11) To replat one (1) or more lots fronting on an existing street if: (A) The owners of all those lots join in the application for amending the plat; (B) The amendment does not attempt to remove recorded covenants or restrictions; (C) The amendment does not increase the number of lots; and (D) The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. (12) To establish a no build easement. (13) To establish fire lanes. (14) Unrecorded Plats. A plat that has been approved but not recorded in the office of the county clerk may be amended for the purpose permitted for a recorded plat. In addition, an unrecorded plat may be amended to add, delete, or relocate an easement required by a certifying department/agency unless a certifying department/agency, upon initial review of the plat, determines that the proposed amendment will require further review and requests in writing to the director of development services that a new plat be submitted. (15) Conservation areas in previously platted subdivisions. Conservation areas may be designated on lots in previously platted subdivisions as follows: A. A note shall be added to the plat indicating the conservation areas and specifying that such areas are unbuildable and shall be maintained as non-buildable conservation easements in perpetuity and limited to the uses permitted by UDC subsection 35-203(j). B. A conservation easement shall be shown on an amending plat or replat and recorded with the plat. (b) Initiation. A subdivider wishing to amend an approved plat shall file with the department of planning and development services the amending plat, together with a copy of the plat being amended and a statement detailing the amendments being proposed. The director of planning and development services will determine the extent to which the amending plat will require review by the various departments and agencies of the city. If the plat being amended has been recorded, the additional recordation fee shall be deposited with the city at the time of plat filing. (c) Completeness Review. The director of planning and development services shall review an application for an amending plat in accordance with 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. Pursuant to V.T.C.A. Local Government Code § 212.016, notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. The amending plat shall be processed by the director in the same manner as a minor plat. If the plat being amended has been recorded, the amending plat shall be clearly marked "Amending plat of (___ plat number and name _______). This plat amends the plat previously recorded in the plat and deed records of ________ County, Volume ___, Page ___." The amending plat shall then be recorded if all requirements have been met. If the plat being amended has not been recorded, the amending plat may be approved by the director of planning and development services. Upon approval by the director, the amending plat shall be annotated with the following statement: "This plat includes amendments approved by the director of planning and development services." (e) Approval Criteria. The amending plat shall be approved unless it is inconsistent with any of the criteria set forth in article V of this chapter. The amending plat shall not be approved if it does not comply with any of the criteria set forth in article V of this chapter. (f) Subsequent Applications. There is no restriction on subsequent applications for an amended plat. (g) Amendments. An amended plat may be amended by filing a new amended plat. The amended plat shall be processed in the same manner as the original amended plat. (h) Scope of Approval. Approval of an amended plat shall be restricted to the matters described in subsection (e) of this section, and shall confer no additional rights upon the applicant. (i) Recording Procedures. See subsection 35-432(i) of this chapter. The amending plat may be recorded and is controlling over the preceding plat without vacation of that plat. (Ord. No. 96564 § 1) (Ord. No. 98697 § 6) (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. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)

San Antonio Unified Development Code § 35-442 Platting of Antiquated Plats.

Sec. 35-442. - Platting of Antiquated Plats. (a) Applicability. For purposes of this section, any subdivision platted prior to June 14, 1927, the effective date of V.T.C.A. Local Government Code Ch. 212, shall not be considered a plat under that chapter and a replat of such a subdivision shall be considered an original plat. (b) Initiation. An application for a replat shall be submitted to the director. The plat shall be signed and acknowledged by only the owners of the property being resubdivided. (c) Completeness Review. The director of planning and development services shall review an application for replat in accordance with 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. The approval authority is in accordance with platting procedures contained in section 35-432. (e) Approval Criteria. A subdivision or part of a subdivision may be replatted without vacation of the preceding plat if the conditions listed below are met. • The procedures and specifications pertaining to plats continued in this article shall apply. • The replat shall not attempt to amend or remove any covenants or restrictions. (f) Subsequent Applications. See subsection 35-432(f) of this chapter. (g) Amendments. See subsection 35-432(g) of this chapter. (h) Scope of Approval. See subsection 35-432(h) of this chapter (i) Recording Procedures. See subsection 35-432(i) of this chapter (Ord. No. 96564 § 1) (Ord. No. 98697 § 6) (Ord. No. 2006-11-30-1333, § 2, 11-30-06)

San Antonio Unified Development Code § 35-443 Replats Subject to Low-Density Zoning.

Sec. 35-443. - Replats Subject to Low-Density Zoning. [Reference: V.T.C.A. Local Government Code § 212.015] (a) Applicability. The following procedures of this section shall apply if during the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning district to residential use for not more than two (2) residential units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot. (b) Initiation. The subdivider shall provide to the director of planning and development services written notice of an intention to file with the planning commission a replat to which the limitations stated above apply. (c) Completeness Review. The director of planning and development services shall review an application for replat in accordance with subsection 35-432(c) and section 35-442 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) The director of planning and development services shall provide notice of the public hearing required herein prior to the fifteenth day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county and by written notice, with a copy of V.T.C.A. Local Government Code § 212.015(c) attached, to the owners of lots that are in the original subdivision within two hundred (200) feet of the lots to be replatted. The written notice shall be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the city limits. (2) If the proposed replat requires a variance and written protests signed by the owners of at least twenty (20) percent of the area of the lots or land within two hundred (200) feet of the lots to be replatted, but within the original subdivision, are filed with the planning commission prior to the close of the public hearing, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (¾) of the members present of the planning commission. In computing the percentage of land area within two hundred (200) feet of the property to be replatted, the area of streets and alleys shall be included. (3) In approving a replat which is protested in accordance with subsection (c)(3) above, the commission may require that the name of the replat be the same as the original subdivision. In such instances, the replatted area shall continue to be considered as part of the original subdivision for future notification purposes. (4) Compliance with subsection (c) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. However, the replat shall be annotated with a certificate the same as form "Q," section 35B-120 in Appendix "B" to this chapter. (e) Approval Criteria. See subsection 35-432(e) of this chapter. (f) Subsequent Applications. See subsection 35-432(f) of this chapter. (g) Amendments. See subsection 35-432(g) of this chapter. (h) Scope of Approval. A replat must be filed with the planning commission within six (6) months of the date of the public hearing. If the replat is not filed within six (6) months, a new public hearing shall be required. (i) Recording Procedures. See subsection 35-432(i) of this chapter. The replat shall be annotated with a certificate the same as form "O," section 35B-120 in Appendix "B" to this chapter. (j) Public Hearing. On plat applications where notification is required, such application shall be scheduled for one (1) planning commission meeting to solicit public comment and for consideration. (Ord. No. 96564 § 1 and 3) (Ord. No. 98697 § 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06; Ord. No. 2015-12-17-1077, § 2, 12-17-15)

San Antonio Unified Development Code art. IV, div. 4 SUBDIVISIONS

DIVISION 4. - SUBDIVISIONS STATEMENT OF PURPOSE This division establishes the general rules and regulations governing plats, the subdivision of land, and the procedures for the extension of the city's streets, major thoroughfares and public utilities. It shall apply to all property within the City of San Antonio and its area of extraterritorial jurisdiction. The Home Rule Enabling Act, Article I, Section 3, and the City Charter are authority for the city to regulate the filing of subdivision plats within the city. The city is specifically granted the authority under the provision of V.T.C.A. Local Government Code Chs. 42, 43, and 212, to establish by ordinance rules and regulations governing plats and subdivisions of land within its corporate limits and area of extraterritorial jurisdiction, in order to promote the public health, safety and general welfare, and, in particular, to promote the safe, orderly, and healthful development of the city. In accordance with the City Charter and V.T.C.A. Local Government Code Ch. 212, the city council hereby finds and determines that the procedures and standards of this chapter will ensure that all plans or plats conform to the: • General plan of the city, its streets, major thoroughfares, and public utility facilities, including those which have been or may be laid out; and • General plan for the extension of the city, its streets, major thoroughfares, water and sewer mains and other instrumentalities of public utilities within the city and its area of extraterritorial jurisdiction. For purposes of this division, the "general plan" means and refers to the master plan. The city council hereby finds and determines that the provisions of this chapter are consistent with the general plan. The city council finds that in order to promote the public health, safety, and general welfare it is necessary to adopt this chapter: • To establish general rules and regulations to govern plats and subdivisions of land within the corporate limits, and • To extend the general rules and regulations to govern plats and subdivisions of land to the area of extraterritorial jurisdiction, and • To establish procedures for implementing the major thoroughfare plan for existing and planned extension of the city's major thoroughfares and streets within the corporate limits of the city and the area of its extraterritorial jurisdiction, and • To establish plans and specifications governing extension of water and sewer mains and other instrumentalities of public utilities within the city and its area of extraterritorial jurisdiction. The city council finds that this chapter, through its establishment of a general regulatory system for development and the subdivision of land will provide for the safe, orderly and healthful development of the city. (Ord No. 98697 § 6)
Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/unified_development_code?nodeId=ARTIVPR_DIV4SUFetched: 10/27/2026

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