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HomeMy WebLinkAboutlegal notice OPPUINLJC MEANING The Clotho er au tf NANWOOkilris oak hear- ing to conskter art amending Section 13-1 of the City of College Station's Subdivision Regulations regarding City Participation in the cost of utilities in the extra-territorial jurisdiction(ETJ). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at tie 7�p.m.meeting of the Council on Thursday,April 13, Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. TREY FLEfCHER. PROJECT MANAGER ER a-mos 03/27/2006 17:17 FAX 9797740053 THE EAGLE Z001/002 NOTICE OF PUBLIC HEARING The College Station City Council will hold a public hear- ing to consider an ORDINANCE amending Section 13-I of the City of College Station's Subdivision Regulations regarding City Participation in the cost of utilities in the extra-territorial jurisdiction (ETJ). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday,April 13, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. TREY FLETCHER PROJECT MANAGER 3-29-06 e &MAILED l 2111.JIU....... LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, MARCH 29, 2006 ONLY BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 Mastercard # 5478-9924-8206-5075 Expires 01/08 NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider an ORDINANCE amending Section 13-I of the City of College Station's Subdivision Regulations regarding City Participation in the cost of utilities in the extra-territorial jurisdiction (ETJ). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, April 13, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. TREY FLETCHER PROJECT MANAGER 4)ok cke) Qv,, ,,p• Iss) 7b) uu LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, MARCH 29, 2006 ONLY BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 Mastercard # 5478-9924-8206-5075 Expires 01/08 NOTICE OF PUBLIC HEARING: The College Station City Council will hold a public hearing to consider an ORDINANCE amending Section 13-I of the City of College Station's Subdivision Regulations regarding City Participation in the cost of utilities in the extra-territorial jurisdiction (ETJ). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, April 13, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. TREY FLETCHER PROJECT MANAGER mance Of nom Mama • The Collage illintion Planning and Zoning will hold a public hearing to consider an ORD ANCE amending Section 13.1 of the City of College tion'n Subdivision Regulations regarding City Part' the cost of utilities in the extra-territorial j • (ETJ). The hearing will be held in the Council Chrs of the College Station City Hall, 1101 Texas Av Ue at the 7:00 p.m. meeting of the Commission Thursday, March 16,2006. Any request for sign interpretive services br the hearing impaired must be made 48 hours beton the meeting. To make arrangements call 979.7641547 or (TDD) 1.800.735.2989. , °For additional information, please contact me at 979.764.8570. TREY FLETCHER PROJECT MANAGER 2-28-06 'Clige. 02/24/2006 14:59 FAX 9797740053 THE EAGLE Z001/002 NOTICE OF PUBLIC HEARING The College Station Planning and Zoning Commission will hold a public hearing to consider an ORDINANCE amending Section 13-I of the City of College Station's Subdivision Regulations regarding City Participation in the cost of utilities in the extra-territorial jurisdiction (ETJ). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 16, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764,3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. j^ TREY FLETCHER PROJECT MANAGER c:` v_; 2-28-06 `..\ \ 2� E-MAILED LEGAL NOTICE %O 4l �' DATE TO BE PUBLISHED: TUESDAY, FEBRUARY 28, 2006 ONLY BILL TO: Lisa Lindgren City of College Station P.O. Box 9960 College Station, TX 77842 Mastercard # 5478-9924-8206-5075 Expires 01/08 NOTICE OF PUBLIC HEARING: The College Station Planning and Zoning Commission will hold a public hearing to consider an ORDINANCE amending Section 13-I of the City of College Station's Subdivision Regulations regarding City Participation in the cost of utilities in the extra-territorial jurisdiction (ETJ). The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 7:00 p.m. meeting of the Commission on Thursday, March 16, 2006. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. TREY FLETCHER PROJECT MANAGER plat, may be vacated only if all owners of the lots in the plat have approved the vacation of the plat and the approval of the municipality has been obtained in the same manner as required for the original plat.25 F. The Platting Process After the subdivision of a tract of property into at least two or more parts and the preparation of a plat by a developer or landowner, the municipal review process begins. Administrative or staff review procedures will vary from municipality to municipality; however, the following is indicative of a typical review process, from staff review to city council approval. For purposes of this discussion, this procedure relates to a final or record plat, not a preliminary plat, development plan, concept plan or any instrument that is not to be filed in the deed records of the county. Staff Review. Staff review of a plat involves determination by a city's staff whether a plat is necessary, and if so, staff review usually involves comments to the applicant regarding what is or should be included in the plat. This usually is a technical review to determine compliance with applicable ordinances and other municipal regulations and involves review of engineering plans, drainage plans, improvement plans, etc. After corrections or modifications have been made to the plat, the plat is ready to proceed to the next step. It should be noted that the staff review process may be lengthy depending upon the quality of the plat initially presented to staff for review. Planning and Zoning Commission Review. After staff has determined that the plat is complete and technical issues have been adequately addressed, the plat proceeds to the Planning and Zoning Commission.26 After review and approval by the Planning and Zoning Commission, the plat proceeds to the governing body. It should be noted that not all municipalities have Planning and Zoning Commissions. If that is the case, obviously there is no Planning and Zoning Commission review and the plat proceeds from staff review to consideration by the governing body for approval.27 Section 212.009(a) of the Texas Local Government Code provides, in part, that "[t]he municipal authority responsible for approving plats shall act on a plat within 30 days after the plat is filed." When is a plat filed? In the past, a plat often was considered "filed" when it was determined to be administratively complete, i.e., it is ready for submission the Planning and Zoning Commission. 25 Id., §212.013(b). See also Priolo v. City of Dallas, 257 S.W.2d 947 (Tex.Civ.App.—Dallas 1953, writ ref d n.r.e.); Blythe v. City of Graham, 287 S.W.2d 527 (Tex.Civ.App.—Fort Worth 1958, writ ref d n.r.e.);Bjornson v. McElroy,316 S.W.2d 527(Tex.Civ.App. San Antonio 1958,no writ). Once recorded, the vacated plat has no effect. Tex. Local Gov't Code § 212.013(d). 26 Tex. Local Gov't Code§212.006(a). 27Id., § 212.006(a). Brown &Hofmeister, L.L.P. Standards for Plat Approval. Whether the planning and zoning commission or city council has plat approval responsibility, a key issue is what standards are to be employed in plat approval. Many developers will tell you that many cities act arbitrarily in this process, often disregarding the standards contained in applicable municipal ordinances and creating ad hoc standards, holding the developers hostage to the whims of the planning and zoning commission and/or city council. Conversely, many cities will tell you that developers try to evade responsibilities under the applicable ordinances, sometimes promising many things and not following through on those promises. Section 212.010 provides that the municipal authority responsible for approving plats shall approve a plat if: (1) it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities; (2) it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; (3) a bond required under Section 212.0106, if applicable, is filed with the municipality; and (4) it conforms to any rules adopted under Section 212.002 (i.e., it conforms to applicable subdivision regulations). Governmental Discretion in Platting Matters. As a general principle, the scope of discretionary authority in platting matters is severely circumscribed by state law. Section 212.010 of the Texas Local Government Code, above, provides the standards for plat approval. Thus, the approval of plats is mandatory as long as the conditions enumerated in Section 212.010(a) are met. If a plat meets all applicable standards and regulations, the governmental body's inclusion of new standards or guidelines, not mandated by the applicable zoning ordinance and subdivision regulations, prior to approval by that body of the plat may operate as a denial of the applicant's state and federal due process rights absent compelling health, safety or welfare concerns. Consequently, while there may exist in extremely limited circumstances valid health, safety or welfare concerns for rejecting a plat that complies with all applicable regulations, as a general principle, local governments are not granted wide latitude in considering platting issues; however, a city is not liable for negligence in the plat approval process32 and the approval of plats is a governmental function.33 32 See City of Rouncl Rock v. Smith,687 S.W.2d 300(Tex. 1985). Brown & Hofmeister, L.L.P. (3) owns 10 percent or more of the voting stock or shares of or owns either 10 percent or more or $5,000 or more of the fair market value of a business entity that: (A) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; or (B) acts as a developer of the tract; or (4) receives in a calendar year funds from a business entity described by Subdivision (3) that exceed 10 percent of the person's gross income for the previous year.37 A local official who has a substantial interest must file an affidavit stating the nature and extent of the interest and must abstain from further participation in the matter.38 Anyone who violates Subsection (d) commits a Class A misdemeanor.39 III. County Regulation of the Subdivision Property A. Statutory Authority In Texas, the statutory authority relative to county plats and subdivisions is found in Chapter 232 of the Texas Local Government Code. Relevant provisions are as follows: § 232.001. Plat Required (a) The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out: (1) a subdivision of the tract, including an addition; (2) lots; or (3) 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. 37Id., §212.017(b). 38 Id., § 212.017(d). 39Id., § 212.017(e). Brown &Hofmeister, L.L.P. this subsection is subject to the requirements prescribed by this chapter at the time the plat is resubmitted. § 232.003. Subdivision Requirements By an order adopted and entered in the minutes of the commissioners court, and after a notice is published in a newspaper of general circulation in the county, the commissioners court may: (1) require a right-of-way on a street or road that functions as a main artery in a subdivision, of a width of not less than 50 feet or more than 100 feet; (2) require a right-of-way on any other street or road in a subdivision of not less than 40 feet or more than 70 feet; (3) require that the shoulder-to-shoulder width on collectors or main arteries within the right-of-way be not less than 32 feet or more than 56 feet, and that the shoulder-to-shoulder width on any other street or road be not less than 25 feet or more than 35 feet; (4) adopt, based on the amount and kind of travel over each street or road in a subdivision, reasonable specifications relating to the construction of each street or road; (5) adopt reasonable specifications to provide adequate drainage for each street or road in a subdivision in accordance with standard engineering practices; (6) require that each purchase contract made between a subdivider and a purchaser of land in the subdivision contain a statement describing the extent to which water will be made available to the subdivision and, if it will be made available, how and when; (7) require that the owner of the tract to be subdivided execute a good and sufficient bond in the manner provided by Section 232.004. (8) adopt reasonable specifications that provide for drainage in the subdivision to: (A) efficiently manage the flow of stormwater runoff in the subdivision; and Brown & Hofmeister, L.L.P. Section 232.009 of the Texas Local Government Code provides for plat revisions, i.e., any revision to an existing plat that does not interfere with the established rights of any owner or is agreed to by each owner.45 Further, provisions in the Texas Local Government Code regarding conflicts of interest in the county context46 are virtually identical to those for municipalities,47 as are applicable enforcement provisions.48 IV. Frequently Asked Questions 1. Can a plat be tabled? No. A plat is approved by operation of law if it is not disapproved within thirty (30) days, as referenced above in § 212.009 of the Texas Local Government Code; however, developers, in attempting to resolve differences and avoiding a council vote to disapprove or deny a plat, often agree on the record to a continuance to resolve those differences. Other cities deny the plat subject to additional items being resolved. Once those items are resolved, the plat is placed on a subsequent agenda for consideration. These procedures are almost always beneficial to the developer because he/she is not required to file a new plat and pay a new filing fee. Please be advised, however, that there is no reported case law that sanctions this procedure, although it is highly unlikely to be challenged. 2. Can (or should) a plat be approved subject to the staff working out certain problems? No. A plat must be approved or disapproved with specific conditions set out. As a practical matter, if the plat is acceptable except for some very minor condition (e.g., no indication of north on the plat, an adjacent road name is improperly labeled, etc.), the plat may be approved subject to it being corrected and the motion to approve the plat should specifically state the necessary addition or modification. It is not advisable, however, to approve a plat subject to a major condition or modification (e.g., all streets will be curvilinear, the number of lots will be reduced or increased, easements will be added or removed, etc.). In those situations, problems invariably arise and it is unclear whether there is an approved plat or not. 45 Id., §232.009(d). 46 la §232.0048. 47Id., §212.017. 48 See id. §232.005 (enforcement by counties) compared to §§ 212.012 and 212.018 (enforcement by municipalities). Brown &Hofmeister, L.L.P. No. See City of Round Rock v. Smith ("[P]lat approval is a discretionary function that only a governmental unit can perform. By definition a quasi- judicial exercise of the police power is exclusively the province of the sovereign. An individual or private corporation cannot exercise the same power. We hold that plat approval is a governmental function").5° so 687 S.W.2d at 303. Brown &Hofmeister; L.L.P. Brown & Hofmeister, L . L .P. Attorneys & Counselors 740 East Campbell Road, Suite 800 Richardson, Texas 75081 (214) 747-6100 www.bhlaw.net PLATS AND SUBDIVISIONS Terrence S. Welch & Robert F. Brown July 2005 Brown &Hofmeister, L.L.P. restriction on the ratio of building floor space to the land square footage; (4) the number of residential units that can be built per acre of land; or (5) the size, type, or method of construction of a water or wastewater facility that can be constructed to serve a developed tract of land if . . . (b) A fine or criminal penalty prescribed by the ordinance does not apply to a violation in the extraterritorial jurisdiction. (c) The municipality is entitled to appropriate injunctive relief in district court to enjoin a violation of municipal ordinances or codes applicable in the extraterritorial jurisdiction. § 212.004. Plat Required (a) The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two 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. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. (b) To be recorded, the plat must: (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and (3) state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of Brown &Hofmeister, L.L.P. considered approved by the governing body unless it is disapproved within that period. (c) If a plat is approved, the municipal authority giving the approval shall endorse the plat with a certificate indicating the approval. The certificate must be signed by: (1) the authority's presiding officer and attested by the authority's secretary; or (2) a majority of the members of the authority. (d) If the municipal authority responsible for approving plats fails to act on a plat within the prescribed period, the authority on request shall issue a certificate stating the date the plat was filed and that the authority failed to act on the plat within the period. The certificate is effective in place of the endorsement required by Subsection (c). (e) The municipal authority responsible for approving plats shall maintain a record of each application made to the authority and the authority's action taken on it. On request of an owner of an affected tract, the authority shall certify the reasons for the action taken on an application. § 212.010. Standards for Approval (a) The municipal authority responsible for approving plats shall approve a plat if: (1) it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities; (2) it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; (3) a bond required under Section 212.0106, if applicable, is filed with the municipality; and (4) it conforms to any rules adopted under Section 212.002. Brown &Hofmeister, L.L.P. promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety."'S Moreover, "[t]he purpose of plat approval is to insure that subdivisions are safely constructed and to promote the orderly development of the community. Plat approval protects future purchasers from inadequate police and fire protection, inadequate drainage, and insures sanitary conditions. Public health, safety, and morals are general public interests."6 The foregoing purposes often are codified by local governments in their applicable platting and subdivision regulations. For example, the City of McKinney, Texas, provides that the purpose of its subdivision regulations is as follows: It is the purpose of this chapter to provide for the safe, efficient, and orderly development of the city, and the provision of adequate streets, utilities, services, and facilities, all in accordance with the comprehensive urban plan for the city.' The Town of Flower Mound, Texas, similarly provides in its Land Development Regulations: The regulations of subpart B of this Code have been established in accordance with the comprehensive master plan for the purpose of promoting the health, safety and general welfare of the town. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the districts and their peculiar suitability for the particular uses specified; and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the town consistent with the comprehensive master plan.8 C. Where Are Plats Required? Section 212.002 of the Texas Local Government Code provides that municipalities may adopt rules governing plats and subdivisions of land within a 5 City of Round Rock v. Smith,687 S.W.2d 300,302(Tex. 1985). 6/d 7 McKinney,Texas,Code of Ordinances§40-2. 8 Town of Flower Mound,Texas,Land Development Regulations§74-1. Brown & Hofmeister, L.L.P. city in its ETJ could not impose its development standards on the District. The Dallas Court of Appeals unequivocally rejected that contention. Article 970a [the predecessor statute to Section 212.003(a) of the Texas Local Government Code] confers authority upon a city to extend its subdivision ordinances into its extraterritorial jurisdiction. In determining whether jurisdiction under article 970a has attached, a subdivision may be simply a division of a tract of land into smaller parts. However, use of the term is not restricted to the division itself but also encompasses the development of the divided tracts. Consequently, ordinances regulating development, such as those specifying design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction. Moreover, a municipal corporation may exercise both those powers expressly granted by a statute and those necessarily or fairly implied in such grant. Were we to hold that building standards are not contemplated by article 970a, we would be left with a statute that grants authority over the laying out of streets, alleys and lot boundaries, but precludes authority over the most important part of a subdivision. Consequently, we conclude that the power over subdivisions conferred by article 970a necessarily or fairly implies a right to issue regulations governing construction of housing, buildings, and the components thereof.12 Therefore, based upon the court's rationale in City of Lucas, a municipality (1) may enforce its subdivision ordinance in its ETJ, (2) may issue building permits for construction in its ETJ and further, (3) may enforce its construction-related ordinances (Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Electrical Code) in its ETJ. A municipality may regulate subdivisions and approve plats for tracts of land located outside its corporate limits and outside its extraterritorial jurisdiction if there is an interlocal agreement providing for such regulation and approval.13 In the event a tract of land lies within the ETJ of more than one municipality, the municipality with the largest population has approval responsibility.14 Nevertheless, the portion of the tract that lies in the ETJ of the smaller municipality must comply with the subdivision and platting regulations of that municipality while the portion of the tract the lies in the ETJ of the larger municipality must comply with the subdivision and platting regulations of that 12 Id.,724 S.W.2d at 823-24(citations omitted)(emphasis added). 13 Tex.Local Gov't Code§ 242.001(d). 14Id., §212.007(a). Brown &Hofmeister, L.L.P. 3. Common Ownership Arrangements. Apartments, condominiums, trailer (or manufactured housing) parks, commercial and office buildings are not subdivisions of property required to be individually platted since there generally is common ownership of the property. 4. Military Installations. According to Texas Attorney General Opinion No. C-128 (1963), a military installation in Grand Prairie "is not a subdivision of a city within the accepted meaning of a subdivision." 5. Municipal Determination of Platting Requirement. According to Section 212.0045 of the Texas Local Government Code, "No determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions. A municipality need not require platting for every division of land otherwise within the scope of this subchapter." Thus, a municipality may modify platting requirements, i.e., determine when a plat is or is not required for a subdivision of property. 6. Five-Acre Tract Exemption. While a plat is required for most subdivisions of property, according to Section 212.004(a) of the Texas Local Government Code, no plat is required for "a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated." E. Types of Plats Although there are plats that are filed of record in the county records (often referred to as "final plats" or "record plats"), there are other plats as well: minor plats, amending plats, replats and vacating plats. Minor Plats are described in Section 212.0065 of the Texas Local Government Code. A minor plat is one "involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities." Minor plats may be approved by an employee of the municipality if the governing body of the municipality has delegated such authority. It should be noted, however, that the standards for minor plat approval are the same as any other plat, i.e., if the minor plat meets all municipal regulations, it must be approved. The individual(s) designated by the governing body may "elect to present the plat for approval to the municipal authority responsible for approving plats"18; however, that individual may not disapprove a minor plat. In the event the minor plat does not meet all applicable regulations, 18 Tex.Local Gov't Code§212.0065(b). Brown & Hofmeister, L.L.P. (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 or more lot lines between one 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 removed 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 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 municipality; (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; or 11. To replat one 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 Brown &Hofmeister, L.L.P. 410 le LOCAL GOVERNMENT CODE LAND USE & RELATE): l on Dedication (e) A suit under this section shall be given prece- menta ated to the development and construction of dence over all other cases of a different nature on the agphdable housing. Under this subsection, affordable Pt ant plat is not'consid- docket of the trial ora appellate court. is defined as housing which is equal to or less •oposed dedication for PP h ge;.median sales price, as determined by the Add( ther than the owner of (f) It is no defense to a criminal or civil suit under '° 1,19 it and does not impose this section that an agency of government other than Real Estate Center at Texas A&M University, of a P in the Metropolitan Statistical Area (MSA) in regarding the mairite the municipality issued a license or permit authorizing the municipality is located. § 21 purportedly dedicated the construction, repair, or alteration of any building t1: 11may h )F.I'addition, the contract also allow parde- governing body makes structure, or improvement. It also is no defense that . the municipality at a level not to exceed 100 the defendant had no knowledge of this subchapter or 1 anon by e dedicated parts by of of the total cost for any oversizing of improve- r improvement. of an applicable plan,rule, or ordinance. aired by the municipality, including but not Acts 1987,70th Leg.,ch. 149,§ 1,eff.Sept.1,1987. q improvementsxi �'.Sept.1,1987. ted'to increased capacityof to antic- ipate other future development in the area. in Extraterritorial SUBCHAPTER C. DEVELOPER PAR- , c The municipality is liable only for the agreed n TICIPATION IN CONTRACT FOR e PUBLIC IMPROVEMENTS a 'gent of its share of the contract, which shall e horize the municipality "� ed in advance either as a lump sum or as a permits or otherwise § 212.071. Developer Participation Contract ;'vel r percentage of the total actual cost as deter- c y.municipal ordinance. r ng code in its extrater- Without complying with the competitive sealed bid- Added y Acts 1989, 71st Leg., ch. 1, § 47(b), eff. Aug. 28, r ding procedure of Chapter 252, a municipality with 1989 ended by Acts 1999, 76th Leg., ch. 1526, § 1, eff. 5,000 or more inhabitants may make a contract with a Aug 30,1999, Acts 2005,79th Leg.,ch. 10'75, § 1,eff.June ff.Sept.1,1987. 1 developer of a subdivision or land in the municipality 18,2005. ►airy to construct public improvements, not including a § 212.073. Performance Bond i building, related to the development. If the contract Theldeveloper must execute a performance bond for dation or threat of a does not meet the requirements of this subchapter, the-i struction of the improvements to ensure com- a plan, rule, or ordi- Chapter 252 applies to the contract if the contract pletlotiiof the project. The bond must be executed by )chapter or consistent would otherwise be governed by that chapter. a coi iorate surety in accordance with Chapter 2253, municipality is entitled Added byActs 1989, 71st Le ch. 1, § 47(b), eff. Aug. 8, g 1, Gov tient Code. against the person who 1989. Amended by Acts 1999, 76th Leg., ch. 1547, § 1,eff. threateningto commit Septi1,1999. Addehy Acts 1989, 71st Leg., ch. 1, § 47(b), eff. Aug. 28, P 1989 Amended by Acts 1995,74th Leg, ch. 76, § 5.95(17), Section a) Aprovides: "This section47( amends 1989 the Localct Government Code to conform to eff,041t.1,1995. A< ief may be brought an Sections 1 and 2,Chapter 782,Acts of the 70th Legislature,Regular § 21)74. Additional Safeguards, Inspection of 1, ant resides, the county session,1987." Records ef of violation occurs;or § 212.072. Duties of Parties Under Contract (a) In the ordinance adopted by the municipality § neipality is.wholly or (a) Under the contract, the developer shall con, under Section 212.072(b),the municipality may include struct the improvements and the municipality shall additional;safeguards against undue loading of cost, in their cost. collusion or'fraud. cc olation or. threat of a participate � w a plan,rule, ordinance, (b) The contract: (b) All of the developer's books and other records • this subchapter, the (1) must establish the limit of participation by the related to the project shall be available for inspection ity any prohibitory ormunicipality at a level not to exceed 30 percent of by the`tillilicipality. I by the facts including the total contract price, if the municipality has a Added by.Acts 1989, 71st Leg., ch. 1, § 47(b), eff. Aug. 28, temporary injunction, 1989. population of less than 1.8 million; or (2) may allow participation by a municipality at, SU$ ER D. REGULATION OF PROP- enae if the person vio- level not to exceed 70 percent of the total contraciBR 'DEVELOPMENT PROHIBITED an, rule, or ordinance price, if the municipality has a population of 1.6 AINCERTAIN CIRCUMSTANCES or consistent with this million or more. c the man cipality. An (b-1) In addition, if the municipality has a poPula- -ai 1 Application of Subchapter to Certain may Home-Rule Municipality 1 a Class C misdemean- tion of 1.8 million or more, the municipality �l<< , ontinues'constitutes a participate at a level not to exceed 100 percent of the ' hapter applies only to a home-rule munici- 1 total contract price for all required drainage imprpVe" • ' t:` , 447 446 3. If a plat conforms to all applicable ordinances, must a city council or commissioners court approve the plat? Yes. If the plat conforms to the general plan of the city, its streets, alleys, parks, playgrounds, public utility facilities, sewer, water and all rules and regulations governing plats, then the city must approve the plat. The same applies to counties as well. 4. Should cities and counties periodically review their subdivision regulations? Yes. Ordinances (or commissioners court orders) should be reviewed periodically to ensure compliance with constitutional standards regarding exactions, vagueness, procedural due process issues as well as a host of other issues. 5. Should governing bodies be aware of other statutory obligations? There always should be compliance with the Texas Open Meetings Act49 and all meetings should be posted in accordance with the Texas Open Meetings Act. This posting requirement applies also to Planning and Zoning Commissions as well as other bodies, such as a Zoning Board of Adjustment. 6. Procedurally, is there a difference between a preliminary plat and a final plat? Good question! Some cities apply the same rules (e.g., 30-day rule contained in Section 212.009 of the Texas Local Government Code) to preliminary plats as final (or record) plats. We personally disagree with that practice, while noting that there is no case law on point in Texas. Preliminary plats generally are less detailed than final plats and in no case can a preliminary plat be filed with the county and building permits subsequently be issued for commencement of construction of buildings. The final plat is the plat of record. Consequently, we believe the rules contained in Chapter 212 of the Texas Local Government Code do not apply to preliminary plats. Therefore, preliminary plats may be tabled and not acted upon within the 30-day time period mandated by Section 212.009. There are many municipal attorneys, however, who routinely advise their clients to treat preliminary plats the same way they treat final (or record) plats. 7. Is a municipality or county liable for negligently approving a plat? 49 Tex. Gov't Code ch. 551. Brown &Hofmeister, L.L.P. (B) coordinate subdivision drainage with the general storm drainage pattern for the area; and (9) require lot and block monumentation to be set by a registered professional surveyor before recordation of the plat. B. The County Context Counties in Texas are distinct legal creatures from municipalities. For example, a Texas home rule municipality is deemed by the Home Rule Amendment to the Texas Constitution (Article XI, § 5) to "possess the full power of self government and [to] look to the Legislature not for grants of power, but only for limitations on their power."40 Counties, on the other hand, are creatures of the state and only may perform those functions which are specifically allowed by the Texas Constitution or by statute. The powers of counties are broadly and liberally construed; however, their powers are more strictly construed than those granted to incorporated municipalities.41 For approximately the last 70 years, counties have been authorized to approve the subdivision of property located outside the corporate limits of municipalities.42 Approval by the county commissioners court is required pursuant to § 232.002. Plats of tracts of land in a municipality's extraterritorial jurisdiction are subject to both municipal and county regulation.43 Section 232.001 of the Texas Local Government Code establishes minimum standards for subdivision approval by a county; however, counties are not held to the same procedural requirements as municipalities. For example, the 30-day rule contained in § 212.009 of the Texas Local Government Code does not apply to counties. Counties possess limited authority relative to resubdivisions of property. Section 232.008 of the Texas Local Government Code provides for the cancellation of a plat. A plat may be canceled if it "does not interfere with the established rights of any purchaser who owns any part of the subdivision."44 This procedure generally is for the purpose of reducing the value of a platted tract for ad valorem tax purposes. 4o Dallas Merchant's and Concessionaire's Ass'n v. City of Dallas,852 S.W.2d 489,490-91 (Tex. 1993). 41 See 52 Tex.Jur. 3d,Municipal Corporations § 325. 42 Tex.Local Gov't Code§232.001. 43 Id., §242.001(b). 441d., § 232.008(b). Brown & Hofmeister, L.L.P. (a-1) A division of a tract under Subsection (a) 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. (b) To be recorded, the plat must: (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to an original corner of the original survey of which it is a part; and (3) state the dimensions of the subdivision and of each lot, street, alley, square, park or other part 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, square, park, or other part. (c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. (d) The plat must be filed and recorded with the county clerk of the county in which the tract is located. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. § 232.002. Approval by County Required (a) The commissioners court of the county in which the land is located must approve, by an order entered in the minutes of the court, a plat required by Section 232.001. The commissioners court may refuse to approve a plat if it does not meet the requirements prescribed by or under this chapter or if any bond required under this chapter is not filed with the county. (b) The commissioners court may not approve a plat unless the plat and other documents have been prepared as required by Section 232.0035, if applicable. (c) If no portion of the land subdivided under a plat approved under this section is sold or transferred before January 1 of the 51st year after the year in which the plat was approved, the approval of the plat expires, and the owner must resubmit a plat of the subdivision for approval. A plat resubmitted for approval under Brown &Hofmeister, L.L.P. Enforcement of Platting and Subdivision Regulations. Subdivision regulations may be enforced in any of the following ways: 1. Refusal to serve or allow connection to water, electricity, gas or other utility service34; 2. Injunctive relief for the violation or threatened violation by the owner of a tract of land of a municipal requirement, such as a subdivision regulation, regarding the tract35; 3. Recovery of damages from the owner of a tract of land in an amount adequate for the municipality to undertake any construction or other activity necessary to bring about compliance with a subdivision or other municipal regulation36; 4. Criminal penalty for violation of municipal ordinances; or 5. A civil action and penalties pursuant to Chapter 54 of the Texas Local Government Code. G. Conflicts of Interest Section 212.017(d) of the Texas Local Government Code provides that "[i]f a member of the municipal authority responsible for approving plats has a substantial interest in a subdivided tract, the member shall file, before a vote or a decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. . . ." A "substantial interest," not unlike its counterpart in Chapter 171 of the Texas Local Government Code, is defined as follows: (b) A person has a substantial interest in a subdivided tract if the person: (1) has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; (2) acts as a developer of the tract; 33 Tex.Civ. Prac. &Rem. Code§ 101.0215(a)(29). 34 Tex. Local Gov't Code §212.012. 35Id §212.018(a)(1). 36 Id.,§ 212.018(a)(2). Brown &Hofmeister, L.L.P. Some cities provided that a plat was filed on the date when it was been placed on the Planning and Zoning Commission's agenda and the agenda had been posted in accordance with all legal requirements; however, the Vested Rights Statute, contained in Chapter 245 of the Texas Local Government Code, was amended in April 2005 (Senate Bill 848) and now a plat is considered "filed" when the plat is filed with the municipality or when the municipality has "fair notice of the project and the nature of the permit sought. An application or plan is considered filed on the date the applicant delivers the application or plan to the regulatory agency or deposits the application or plan with the United States Postal Service by certified mail addressed to the regulatory agency."28 Governing Body Review. After the municipality's Planning and Zoning Commission has approved a plat, the governing body must review it and act upon the plat within thirty (30) days.29 If the governing body does not approve the plat within thirty (30) days, then state law deems the plat approved.30 Assuming the plat is approved, it is signed and filed in the county's records, usually in the county clerk's office in the county's deed records. To be recorded, the plat must: (1) describe the subdivision by metes and bounds; (2) locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and (3) state the dimensions of the subdivision and of each street, alley, square, park, or other part 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, square, park, or other part. (4) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. (5) The plat must be filed and recorded with the county clerk of the county in which the tract is located.31 28Id., §245.002(a-1). 291d.,§212.009(b). 30 Id., §212.009(b) ("A plat is considered approved by the governing body unless it is disapproved within that period"). 31 Id.,§212.004(b),(c)and(d). Brown &Hofmeister, L.L.P. (D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.22 Replats, not surprisingly, are plats.23 Sections 212.014 and 212.015 of the Texas Local Government Code control replats of property. Section 212.014 addresses replatting without vacating the preceding plat while Section 212.015 contains "Additional Requirements for Certain Replats." In replatting large residential subdivisions, it is often difficult to obtain the signatures of all lot owners. As a result, Section 212.014 of the Texas Local Government Code was amended to permit replatting of property without the vacation of the preceding plat as long as (1) the replat is signed and acknowledged by only the property owners of the property being replatted; (2) the replat does not attempt to amend or remove any covenants or restrictions; and (3) there is a public hearing at which parties in interest and citizens have an opportunity to be heard before the municipal authority responsible for approving plats. If a subdivision or any part of a subdivision was, during the preceding five years, subject to zoning or deed restrictions for residential uses of not more than two residential units per lot, additional notice and hearing requirements apply, according to Section 212.015 of the Texas Local Government Code. Notice of the hearing must be published in the official municipal newspaper at least fifteen (15) days before the date of the public hearing and written notice must be given to property owners within 200 feet of the property being replatted. Notice must contain a statement that if the proposed replat is protested in writing by owners of at least twenty percent (20%) of the area immediately adjoining the area covered by the replat, then the replat must be approved by at least three-fourths (3/4) of the members present of the municipal planning commission or governing body, or both, if the proposed replat requires a variance. These provisions, however, do not apply to the resubdivision of property whose use was designated for other than single family or duplex family residential use, i.e., the resubdivision of multi- family, commercial, retail and industrial property is not subject to these additional replat procedures. Vacating Plats are described in § 212.013 of the Texas Local Government Code. A plat may be vacated at any time before any lot in the plat is sold. The plat is deemed "vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat."24 If lots have been sold, however, the plat, or any part of the 22Id., § 212.016(a). 23 See id., §212.001(2)("`Plat' includes a replat"). 24Id., § 212.013(a). Brown &Hofmeister, L.L.P. the individual(s) "is [are] required to refer any plat which the person or persons refuse to approve to the municipal authority responsible for approving plats within the time period specified in Section 212.009."19 Amending Plats are described in Section 212.016 of the Texas Local Government Code. Like minor plats, the governing body of a municipality may delegate the authority to approve amending plats to a designated employee of the municipality.20 Amending plats are intended to correct minor errors only and the approval of all property owners is not required.21 Amending plats may be approved for only the following reasons: 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 adjacent lots if: (A) both lot owners join in the application for amending the plat; (B) neither lot is abolished; 19 Id., §212.0065(c). 2°Id.,§212.0065(a)(1). 21 Id.,§ 212.0016(b). Brown &Hofmeister, L.L.P. municipality. Thus, plat approval is the responsibility of the larger municipality even though the larger municipality only applies its regulations to that portion of the tract in its ETJ. D. When Are Plats Required? Section 212.004 of the Texas Local Government Code provides, in part, that an "owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts . . . must have a plat of the subdivision prepared." This provision refers to any partitioning of a tract, not any sale or even intended sale, and is liberally construed.15 Even though the term "divides" is liberally construed, there are exceptions to the platting requirements mandated by Chapter 212 of the Texas Government Code. They are as follows: 1. Acquisition of Property by Governmental Entities. Platting is not required when a government acquires property via condemnation, dedication or purchase.16 2. Partitions. Partition of property among co-tenants does not constitute a subdivision of property since a partition is not a conveyance per se, but only divides the property to give each owner the share of property already owned as a consequence of some prior conveyance.17 15 See Cowboy Country Estates v. Ellis County,692 S.W.2d 882(Tex.App.—Waco 1985,no writ)(holding that (1) there is nothing in the platting statute that requires that lots be offered for sale to constitute a "subdivision" and(2) "the manifest overall purpose of the [platting] statutes concerned is to give counties the power to control subdivisions to protect its citizens in matters of public health and sanitation, drainage, and maintenance of public roads");City of Weslaco v. Carpenter,694 S.W.2d 601,603 (Tex.App.—Corpus Christi 1985, writ ref d n.r.e.) ("We decline to hold that the legislature intended a `subdivision' to be specifically a partition of property into separate lots accompanied by a permanent transfer of ownership to the occupant of each separate lot. Rather, a `subdivision' of property may refer simply to the act of partition itself, regardless of whether an actual transfer of ownership - or even an intended transfer of ownership - occurs"); City of Corpus Christi v. Unitarian Church of Corpus Christi, 436 S.W.2d 923 (Tex.Civ.App.—Corpus Christi 1969, writ ref d n.r.e.) (A city may require the filing of a plat prior to the issuance of a building permit unless the tract was created by a conveyance prior to annexation and is therefore"grandfathered"). 16 See Palafax v. Boyd, 400 S.W.2d 946 (Tex.Civ.App.—El Paso 1966, no writ) (a city's platting requirement does not restrict the exercise of the police power to acquire land for public use); El Paso County v. City of El Paso,357 S.W.2d 783 (Tex.Civ.App.—El Paso 1962,no writ) (no plat required when one governmental entity condemns the property of another governmental entity,even though the court held that condemnation in such circumstances is unnecessary). 17 Hamilton v. Hamilton,280 S.W.2d 588,593 (Tex. 1955). Brown &Hofmeister, L.L.P. municipality's jurisdiction. Section 212.003 similarly provides that a municipality's plat and subdivision regulations may apply to the extraterritorial jurisdiction of the municipality as well. Extraterritorial jurisdiction is defined as "the unincorporated area that is contiguous to the corporate boundaries of the municipality. . . ."9 The geographical extent of any municipality's extraterritorial jurisdiction is contingent upon the number of inhabitants of the municipality: Number of Inhabitants Extent of Extraterritorial Jurisdiction Fewer than 5,000 One-half Mile 5,000-24,999 One Mile 25,000-49,999 Two Miles 50,000-99,999 Three and one-half Miles 100,000 and over Five Miles10 As a general rule, a municipality's ordinances and other regulations are valid and enforceable only within the municipality's corporate limits; however, where there is an express grant of authority by the state to municipalities to enact and enforce ordinances and regulations outside the corporate limits of a municipality, municipalities possess the express power to regulate outside their corporate limits. Thus, while Texas municipalities do not possess the statutory authority to zone property in their extraterritorial jurisdictions, Section 212.003 of the Local Government Code provides that a subdivision ordinance is applicable to a municipality's extraterritorial jurisdiction if, and only if, the municipality specifically has extended its subdivision regulations to the extraterritorial jurisdiction. Subdivision regulations are not automatically applicable to a municipality's ETJ. Most, if not all, municipalities routinely extend the application of their subdivision regulations to their extraterritorial jurisdictions. A question that consequently arises is whether, and to what extent, a municipality may enforce its subdivision and related ordinances in its extraterritorial jurisdiction. The only case law on point, City of Lucas v. North Texas Municipal Water Dist.,11 compels the conclusion that (1) a municipality may require building permits for construction in its ETJ and (2) a municipality may enforce its construction-related ordinances in its ETJ. In City of Lucas, a water district contended, in part, that a 9 Tex. Local Gov't Code§42.021. °Id. '1 724 S.W.2d 811 (Tex.App. Dallas 1986,writ ref d n.r.e.). Brown &Hofmeister, L.L.P. 0 (b) However, the municipal authority responsible for approving plats may not approve a plat unless the plat and other documents have been prepared as required by Section 212.0105, if applicable. B. Purpose And Policy The general purpose of adopting rules and regulations governing plats and the subdivision of land is "to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality."' As stated in Lacy v. Hoff,2 [t]he basis of subdivision control is the land registration system. Registration is a privilege that appropriate regulatory bodies have the power to grant or withhold based upon the compliance with certain conditions. The entire regulatory scheme depends upon the recordation of the plat. Besides land registration, Lacy discussed several other purposes that municipalities have in requiring platting of property: • to regulate subdivisions and implement planning policies; • to implement plans for orderly growth and development within the municipality's boundaries and extraterritorial jurisdiction (ETJ); • to require compliance with certain lot and development standards; • to insure adequate public facilities such as streets, parks, water, wastewater and other facilities indispensable to the community; • to protect future purchasers from inadequate police and fire protection; and • to insure sanitary conditions and other governmental services.3 Municipal and county regulation of the subdivision of property is an exercise of the police power and has been recognized as such by the Texas Supreme Court.4 "Plat approval, like zoning, is an exercise of the police power. The police power is a grant of authority from the people to their governmental agents 'to Tex. Local Gov't Code§212.002. 2 633 S.W.2d 605,607-08(Tex.Civ.App. Houston[14th Dist.] 1982,writ ref n.r.e.). 3 Id. 4 Lombardo v. City of Dallas,73 S.W.2d 475,479(Tex. 1934). Brown &Hofmeister, L.L.P. purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part. (c) The owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the plat in the manner required for the acknowledgment of deeds. (d) The plat must be filed and recorded with the county clerk of the county in which the tract is located. (e) The plat is subject to the filing and recording provisions of Section 12.002, Property Code. § 212.005. Approval by Municipality Required The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations. § 212.006. Authority Responsible for Approval Generally (a) The municipal authority responsible for approving plats under this subchapter is the municipal planning commission or, if the municipality has no planning commission, the governing body of the municipality. The governing body by ordinance may require the approval of the governing body in addition to that of the municipal planning commission. (b) In a municipality with a population of more than 1.5 million, at least two members of the municipal planning commission, but not more than 25 percent of the membership of the commission, must be residents of the area outside the limits of the municipality and in which the municipality exercises its authority to approve subdivision plats. § 212.009. Approval Procedure (a) The municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period. (b) If an ordinance requires that a plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall act on the plat within 30 days after the date the plat is approved by the planning commission or is considered approved by the inaction of the commission. A plat is Brown &Hofmeister, L.L.P. I. Basic Platting Concepts in Texas The Sixth Edition of Black's Law Dictionary defines a plat as "a map of a specific land area such as a subdivision, showing the location and boundaries of individual parcels of land subdivided into lots with streets, alleys, easements, etc. drawn to scale." The subdivision of real property is subject to local government regulation in Texas. Specifically, municipal regulation of the subdivision of property is found in Chapter 212 of the Texas Local Government Code and county regulation of the subdivision of property is found in Chapter 232 of the Texas Local Government Code. There is a distinction, however, between platting and subdivision. Platting is a geographical description that aids in recording and deed description and does not necessarily involve subdivision. Subdivision, conversely, actually divides land into marketable parcels. II. Municipal Regulation of the Subdivision of Property A. Statutory Authority In Texas, the statutory authority relative to municipal plats and subdivisions is found in Chapter 212 of the Local Government Code. Relevant provisions of Chapter 212 are as follows: § 212.002. Rules After a public hearing on the matter, the governing body of a municipality may adopt rules governing plats and subdivisions of land within the municipality's jurisdiction to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. § 212.003 Extension of Rules to Extraterritorial Jurisdiction (a) The governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances adopted under Section 212.002 and other municipal ordinances relating to access to public roads. . . . However, unless otherwise authorized by state law, in its extraterritorial jurisdiction a municipality shall not regulate: (1) the use of any building or property for business, industrial, residential, or other purposes; (2) the bulk, height, or number of buildings constructed on a particular tract of land; (3) the size of a building that can be constructed on a particular tract of land, including without limitation any Brown & Hofmeister, L.L.P.