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HomeMy WebLinkAboutMiscellaneousIli ` ~~.. i'n p - ~. . r.,. ~ x ~` .. h~ !•. .. ,~K + , ,~.-. y,~u•r .-. ~ ~ h. ASR' f~,t y~.-, ~,d,u. y, r} i {~ y . - I' ~ ~~ w'~. _~-~. IiW6. s . - ... - LA ED ACTIVITIES::. 212.07 ND .USE &- RELAT § ~ x ~ (3) any .general plans, rules, or ordinances {e) A suit under this section shall be given prece- - ,;, .~ ~ r ' ~ E ~ adopted under Section 212:044. dente over all other cases of a dif ferent nature on ' ~ ~~ e Acts` 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. the docket of the trial or appellate court. `t ,~ ~~ - § 21,2.04.8. Effect 'of Approval on Dedication . (f) I~t is no def ense to a criminal or civil suit under this section that an agency of government other ~ The approval of a development plat is not -con- .than the munici alit issued a license or ermi~t p Y p ~~~ sidered an acceptance of any proposed dedication _ authorizing the.:construction, repair,: or alteration of ~~ ~~ i"or public use or ruse by ~: persons other .than the ~ any building, structure, or improvement. It~also i~ '~r owner of the property covered by the :plat .:and does no defensethat he defendant had no knowledge o:f j ~ ~ ~ ~ not impose on the municipalty any duty regarding this subchapter ~ or ~ of an applicable plan, rule, on ' ~ I the maintenance or im rovement of an u ortedl p, y p ~ Y ~ ~ ~ ~ ~ ~ ~ ordinance. ~ ~~ ~~ , dedicated parts until the .municipality's go~~erning Acts 1987 70th Le . ch. 149 1 eff. Se t. 1, 198T. § P g' . body makes an actual appropriation of he .dedicated ~: I 1?arts by 'formal acceptance, entry, use, or ;improve- UBCHAPTER C. DEVELOPER PARTIC- f ;,: - . ~ merit. ` IPA~TON IN CONTRACT FOR PUBLIC . ch. 149, § 1 eff. Sept. 1, :1987. Acts 1987, 70th Leg., IMPROVEMENTS ~ . . i r errit real il i P rm is m Ext at o 212.049.. Eu d n e § g .. 212.071. Developer Participation Contract - - :" ~ Jurisdiction _ . This subcha ter does not authorize the munici all- P P Without complying with the competitive sealed ;~ . .. ty to require municipal building permits or other- bddin rocedure of Cha ter 252, a munici ality g p p p ~` building code in its wise enforce the municipality's with 54 000 or -more inhabitants ma make aeon- ' ... Y .. extraterritorial jurisdiction. tract with a developer of a subdivision or land in the - ` municipality t~ :construct public improvements, not ~, . ,Acts 1987, 70th Leg.; ch. 149, § 1, eff._ Sept. 1, 1987. including a building, related to the development. I:f 212.050. Enforcement; Penalty ~ the contract does note meet the requirements of this subcha ter Cha ter `252 a lies to the 'contract :f p p PP z~, (a) If it appears that a violation or threat of a the .contract would otherwise be overned b that g Y ,y a :~ violation of this subchapter 'or a plan, rule, or ordi= chapter. Hance adopted under this_subchapter or consistent with this subchapter exists, the municipality is enti= Acts 1989 71st Leg. ch. 1 § 47(b) eff. Aug. 28, 1989. ' ~ ' fled to appropriate injunctive relief against the per- Section 47 of Acts 1989, 71st Leg., ch. 1 provides: ~{ I50Y1 who committed, is committen , or is threatening g "(a) This section `amends the Local Government Code to con- form to Sectaons 1 and 2, Chapter 782, Acts of the 70th Legisla- t0 commit the violation. ture, Regular Session, 1987." ~ ,~ a (b) ~. suit f or injunctive relief may be brought iri ; 212.072. Duties of Parties Under Contract the county in which the defendant resides, the coun- ~ty in which the violation or threat of violation oc- ` a Under the contract the develo er shall corn- ~) ~ P curs, or any county in which the municipality is struct the improvements and the municipality shall ` ~; wholly or partly located. participate in their cost. ~ {c) In a suit -to enjoin a violation or threat of a (b) The contract must establish the limit of parti~- : wiolation' of this subchapter or a plan, rule, ordi- ipation by the municipality at a level not to exceed ~, . Hance, or other order adopted under ,this subchap- 30 percent of the total contract price. The munici- ter,..the court may: grant the municipality any ..pro- pality is liable .only for the agreed payment of its .. hibitory or_ mandatory m~unction warranted by the ., share,.~which shall be determined in advance eitiher ~° ~ facts including a temporary restraining order, em- as a lump sum or as a f actor or percentage of the porary injunction,, or permanent injunction. total actual cost as determined by municipal ordi- (d) Aperson commits an offense if the erson p Hance. violates this subchapter or a plan, rule., or ordinance Acts .1989, 71st Le . § g g, ch. 1,- 47(b}, eff. Au . 28, 198. adopted `under this subchapter or consistent with this.. subchapter within the lirriits of the municipality. § 212.073.. Performance Bond ~~ ~ An ~offen~se under this subsection s a C1assC msde- The developer must execute a performance bond meanor. Each day the violation continues consti- for the construction of the improvements to ensure .~ ~~ ~' tutes a separate offense. ~ ~ completion of the project.. The bond must be exe- ', i~; ,. ~. I 297 ,.. .;,. {,. § 212.041. LOCAL GOVERNM ~ ~ ENT CODE ~.~ ~~ ~ SUBCHAPTER B, REGULATION OF tune or im rov ' P ement i~~ o1~1° ~ ~;h~x ~~~~ ~f t~}~~~ ~ PROPERTY DEVELOPMENT y { , ,. :, ,. . . .,. bullding, structure,~or~impr©Ye~.er~~, , 212.04E Municipality Covered: by Subchapter (2) each easement and rit~w;~~-~k;~1~~t~ ~~~itlix~a ~~,;,~ . ~! '~ This subcha ter a lies: onl t ' P pP y o an unzoned munic- abutting the boundary of tl~:~s~.. ~ ~. ~.~,:~~;u~,: ; ~~ ~;~~:~;t~ k ~~R., ; ~: .. , ~~ ; , ~ , i panty with a population of :more than 1,5 million and ;~~ whose governing body chooses by ordinance to be {3) the dimensions of eac~str°eet, si~.e~alk . al- covered by this subchapter or chose by ordinance to be c ve d b th a leYf square, park, or other~a~< of tlae ;pro ert, r :: inte d d to b ~ ~ , ' o re y e l w codified b this subch Y apter. n e e dedicated ta; ,~bc;s ~~~~,~~ ~~~:, :~ , . } ~ ~ , <i.; r;~' ' ~ fc,r .,1..., ~ if Acts `1987, 70th Leg., ch. 149, § 1, eff. Se t. 1 1 P 987 use of purchasers or owners~f ~~ ate fra~nt ~ ~.,, . ~ adjacent o the street, sid~l~:'~, alley, square,: 212.042. APPlication of Subchapter A park, or other part.. The provisions of Subchapter A that do not con- {~) New development,. ~~:~~. o~~ ~~.. ~ ~ ~ ~~~~-~~ flirt with. this subchapter apply to development erty until the development ,~.: i;7 ~4~~d ~ ~. ,and ....plats. approved by he muneipalit~d; , ~~ceo~~al7ce wttla Acts ..1987, 70th Leg,, ch. `149, 1 eff. Se t. 1 § , p , 1987. Section 212.047. ;,. 212.043. Definiti § ons (d) If a person is required .dex ~~~~~s i,~~~:~,; Eax~ .~~ K.,~. ~; . , in this subchapter: an ordinance of the municipality ~ ' . ~ . ; : ~ , ~ ; w, ~.... ~: t : ~,~.,: lat a develo merit lat is t re ur ~ i ~ ,k, ;~ ~` ~1) "Development" means he new construction ~~ e~ . ~a ~.dci~~r~ .~~~ to the subdivisioniplat, ~~~ . . or he enlargement of any exterior dimension of any;,building, structure, or Improvement Acts .1987, 70th Leg., ch., y~(4}2 p) t F ~~ . ~"~ ^ r" ~~'; Amended by Acts 1989; 7~st L ch~:~~9~a ° t ~ ~ ~ ~~ €~ '~ t ~, TM . • ~ (2) "Extraterritorial.. ~urlsdictlon means a mu• eg., ~~ ~ , ~, .~ 1,1989. ~ ~ ~. ~~,,. ncipality's extraterritorial jurisdiction as deter- mined under Chapter 42. § 212.04fi. Restriction., on Issu~~~Ix~;c ~f P~Iilcii~l~ ~. `~~ Acts 1987, 70th Leg., ch. -:149, § 1, eff. Sept. 1, 1987. , and Other Permits ~~:~r ~~~ ~.Y~~rn~h~~:~r ~`}~^` ' County, or ~Offici~` , ~~:°~~ ~-~:~~~~ .~~. 1 212.044. Plans, Rules, and Ordinances . . _ ernmental Entity ~~. After a public hearin on the matter th • • g e munlcl- The municipality, a county, or an ~~:~f~4, .~~~ `~~ ~,~,~~¢1;...,. ,, ,: .. al1 ma ado t eneral laps rules or ordinances P ~' Y P g p ' er governmental entity. may not ~~ ~ ~~ .~ a~ ~ ~. ~~, ~, ,, y ~ , governing; development Tats of land wit ' A hIn the hm- permit or any. other. type~oi' perlnit.~~°.I~~~- +,~ $n~ ~~~ .: ,, ` P ~ ~;; its and in the extraterritorial jurisdiction of the municipality o p mot th he on lots or tracts subject~to this s x.zi~4~~,~~;~~~~::~~;~~, ~~.. development plat is filed with and p~ ~ d b ~ ro e e alth, safet ,morals Y ' ., . ~. rc~ ~re tl~~~, ~r or .general welfare of the munici panty and th s f municipality in accordance with Si~c~~ion ~~2,~4`~ n r e a e, ~~:i~~ orderly, and healthful develo men. p t of the municipal- Acts 1987 , 70th Leg., ch. 149r:_~~~;. , e~~ ~ S~:~t ~ ~i~~,; ~~r ~~ ~~ ~ ity, . , . , ,. >v °, 1~ Acts 1987, ?0th Le . ch. 149 g ~ - § 1, eff. Sept..1, 1987... § 212.047.. `:..Approval of Deve r~~~#t ~ lat ~, - ~, i E ; ,. ,. 212.045. De § velopment Plat Required The municipality shall endow. a~ j~ ~ rf~ r~ . ~ ,~~ ~10~ a d~,.. ,. , r ,.., (a)_ An erson who Y P proposes the develo me t f . veloprnent plat filed with. it if __ .. ~la~t corgf~~w , , .. ~ P ~~ t~. ~ ~~~ ' { ~~ . , ~~ p n , o a tract of land ;located within the limits or ' In the (1) the ..general.: plans, rule.;ar~ c~~~~d.~~~cc~ ~f' ~~~ F ~~ .. extraterritorial jurisdiction of the municipality must the municipality. concerning its ~u.l~rei~t ario. future ., w I~ ' ' have 'a development plat of the tract re -are P P d m streets, sidewalks, alleys, pal~~s.;.play~r~uhds, and ~' 1 accordance with: this subchapter and the. a licable PA public utility facilities; ~ 4,, '~ :,: ~: ~:~ plans, rules, or ordinances of the munici alit P Y. (2):.the eneral Tans ~~ ~` ~" - ,,~Y--f . r~ry :. -~ g P , rules~~r~.~ ~,~.~.:.#:~.ncR.~ t,., 4~ ~~ {b) A development plat must be re ared b p y a P the extension of the municipally: :~r the exnsiara,. ~ { ,; ~ ;: - registered professional eland curve or a y s a bound- , Improvement, or wldening o~,~ it~~ ~ ~.~~~, ,r,.,7, ~~~r~:=~~°`:..,~~~~ ~~ ~F `~,; ~ ~, ary survey :.showing: and public highwa s within t~.e ~,ru~i i ~~ ' . , ra Y c p~.l~~y aa~,~ ~~ >: {1) each existing. or :proposed building, struc- _ in its extraterritorial jurisdic~i;on, ~~aik~g ~~,,~-c~ r.~~,- ~ ~ ~ ' lure, or improvement or proposed modificati of coun . t access.. to and ex~nsiot~j~~,w.~r ~~nR~ ~~~.Q~~~~ , ~, ''~ ,. ~; on the external configuration of the building, strut- mains and the Instrumentalities °o ~r ; .: _ ,. °; ; .: ; ~' A .:_ , ~ ,.: . and ~ , , . . ,: ' .. 296 ~ ~.. . ., `' .. • ~ ~ 'a :, :~ .~ Y ~~ :~f , ^~ , , S'" t ~'' ,~ C {I ~ f ~ ~~~. ~. o a~'~. K`71[._. _. ~ inn h .C~, ..~r :~`t~;`~, (. i 'LAND USE & RELATED ACTIVITIES § 212.018 ,; `1- . § 212.017. Conflict of Interest; Penalty under Section 212.0105 or 21'2.0106 or to ensure ghat ~~~ (a) In this section, "subdivided `tract" means a water and sewer service facilities-are constructed or ~r tract of land, as a whole, that is subdivided. The installed o service a subdivision in com liance with p _ , term .:does not mean an individual lot in a' subdivided :'the model rules adopted under Section 16.343, ~Va- ~r tract of land. 'ter Code. ~' A erson has a substantial interest in a subdi- (b} p (b) A person who violates Section ~~ 212:0105 or vided tract if the person: ~ 212.0106 or fails to timely provide f or' the construe- ~~ has an equitable or legal ownership interest (1} . tion or installation of water or sewer service facili- i .. in the tract with a fair market value of $2,:500 or ties 'that the erson described on the lat or on the P p more; document attached. to the plat, as required by Sec- ~, (2) acts as a developer of ;the tract; tion 212.0105, is subject to a civil`penalty of not less .~ (3} owns 10 percent or more of the voting stock than $500 nor more than $1 000 plus court costs: and .~ or shares of or owns either 10 percent or more or , attorney's fees. $5,000 or more of the fair market value of a business :entity that: (~) ~ owner of a tract of land commits an of- ~-. ~ (A) ..has an equitable or legal ownership inter- fense if the owner knowingly or intentionally vio- ~;` est in the tract with a f air .market value of later a ,requirement imposed by or under Section 212.0105 212 i 0 06 f ti l ide f . $2,500 or more, or or . a 1 or ls to me y prov ar ~, B acts as a develo er of the tract or p ~) ' the construction or installation of water or sewer ' ` (4) receives in a calendar year funds from a service facilities that the erson described on a lat p ~ business entity described by Subdivision (3) that or on a document attached to a plat, as required by .I .: exceed 10 percent or" `the person's gross .income Section 212.0105. An offense under this subsection for the previous year. is a Class B misdemeanor. .. (c) A personalso is considered to have a substan- (d) A reference in this section to an "owner: of a ~ ~~'' .. terest m a sub ivi ded tract f the person is tia in tract of land does not include the owner of an related m the.first degree by consanguinity or affm- .. . . individual lot n a ubdivided tract of'land. ity to another person: who, under Subsection (b}, has Acts 1989; 71st Leg., ch. `:624, § 3.01, eff. Sept. 1, 1989. a substantial interest in the tract. , ~ `5 ( a member of the municipal authority re- d) If 212.018. Enforcement m General § sponsible for approving plats' has a substantial in- (a) At the request of the... governing body of the terest in a subdivided tract, the member shall file, municipality, the munci al attorne or an other p Y Y before a vote or decision regarding.: the .approval of attorney representing the municipality may file an .- . a plat for the .tract, fan affidavit stating the nature action in a court of competent jurisdiction to: and extent of the interest and shall abstain from further participation in .the matter. The affidavit , , (1) en~oln the violation .or threatened violation must be filed with the municipal secretary or cler. k. by the owner of a tract of land of a requirement ~~ .. e A membe O r of the municipal authority respon- regarding the tract and established by, or adopted . Bible for approving plats.. commits 'an offense if .the bthe overnin bode under this subcha ter or Y g_ _ g Y p member violates Subsection (d). An offense under (2) recover damages from the owner of a tract ' ahis subsection is a Class Amisdemeanor. of land in an amount adequate .for the municpali- (f) The finding by a court of a violation of this ty to undertake any construction or other activity section does not render voidable an action of the necessary o bring about compliance with a re- ~~ :municipal :authority responsible for approving plats uirement re ardin the tract and established b , - q g g Y unless the'measure would not have passed the mu- or adopted by the ..governing body :.,under, phis nicipal ,authority without the -vote of the member subchapter. .who violated this section. (b) A :reference in this section to an "owner of a Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1 1987. . . tract of land" does not include the owner of an .~ Amended by Acts 1989, 71st Leg., ch 624, § 3:01, eff. individual lot in a subdivided tract of 'land. ' Sept. 1 1989. 'Acts 1989,.. 71st Leg., ch.:l, ~§ '46(b),' eff. Aug, 28, 1989. ' 212..0175. Enforcement in Certain Counties; Amended b Acts 1989 71st Le . ch. 624, § 3.01, eff.. Y i g Penalty Sept. 1,1989. (a) The attorney general may take -any action [Sections 212.019 to .212.040 reserved necessary to enforce a requirement imposed by or for expansion) 295 t ~. ; ,~ i 1' ~, ~~ ~~ . t~ . t ~~~ ~. :. ;: .: :;;, µ1 ~.. .~: I , rn. r~ ~~ ~~~ ', ~~ ~' ~~ i ~; ~~ ., 4' ~~~ . G d~ , 212.015 LOCAL G4vERNMENT CODE county;. tax roll within 200. feet of -the property ~(5} to show the location or character of a rr~onu- .upon which the replat is requested. The written merit that has been changed in location or charac- notice may be delivered by depositing the notice, tenor that is hown incorrectly as to location or properly addressed with :postage prepaid, in a character on the preceding ..plat; post office or postal depository within the bound- (s) ~ correct any other type of scrivener or Aries of the :municipality.: clerical error or omission previously approved by (c} If the proposed replat is protested~in accord• he municipal :authority responsible for apprgving ance with this subsection, the proposed replat must:. plats, including lot numbers, acreage, street receive, in order to be .approved, the affirmative names, and identification of adjacent recorded vote of at .least three-fourths of all members of the plats; . municipal planning commission or governing body,. (7) to correct an error in courses .and distances or both. For a legal protest, written instruments of lot lines between two adjacent lots if: ....signed by the owners of at least -20 percent of -the ~ both lot owners 'oin in the a location for ~ } ~ PP area of ..the lots or land immediately. adjoining... the amending the plat; ose r lat and extendin area covered by the prop d ep g 200 feet from that area, but within the original (B) .,neither lot is abolished; subdivision, must be filed with the municipal plan- (C) the amendment does not .attempt to re- Wing commission ox governing body, or both, prior move recorded covenants or restrictions; and to the close of the public hearing. (D}..the amendment .does not have a .material d In com utin the ercenta a of land area O P g P g adverse.. effect on ..the property rights of the under Subsection (c), the area of streets and alleys other owners in the lat• P shall be .included... (8} to relocate a lot line to eliminate an inadver- (e} Compliance vcnth Subsections (c) and (d) is not tent encroachment of a building or other improve- merit on a of line or easement; required f or approval of a replat of part of a preced- in fat if the area to 'be ` re fatted was desi nated g P P g (9) to ..relocate one or more .lot lines between or reserved for other than single or duplex family one or .more adjacent Lots if: residential use by natation on the last,, legally: re- (A) the .owners. of all those lots join in the corded plat. or in the legahy recorded restrictions application for amending the plat; applicable to the .plat. {B} the amendment -does .not attempt to re- Act~ 1987, 70th Leg., ch. 149,. § 1 eff. Sept. 1, 1987. move recorded covenants or restrictions; and Amended by Acts 1989, 71st Leg., ch 345, §§ 2 to 5 eff. (C) the amendment does not increase the Aug. 28,1989. number of ots; or § .212.016. Amending :Plat (10) to make necessary changes to the preced- . . ing plat to create six or f ewer lots in the sulbdivi- (a} The municipal authority responsible for... ap- sion or a part of the subdivision covered by the proving plats may approve and issue an amending preceding plat if: .plat, which may be recorded .and is controlling over the preceding :plat without vacation of that plat, if (A) .the changes do not affect applicable zon- the amending plat is signed by the applicants only mg and other regulations of the municipality; and is solely for one or more of the following (B} the ..changes do not attempt to amend or purposes: remove .any covenants or restrictions; and 1 to correct an error.. in a course or distance (~ (C} the area covered by the changes is locat- shown on the preceding plat; ed in an area that the munici al tannin com- P A , g ...mission or .other: appropriate .governing bady of (2} to add a course or distance that was omitted the munici alit has a roved, of ter a ublic P Y PP P on the preceding plat; hearing, as a .residential improvement area. (3) to correct an error in a real property de- (b) Notice, a hearin and the a royal. of other g' PP scription shown. on the preceding :plat; lot owners are not _required for the :.approval and (4} to indicate monuments set after the death; issuance of an amending plat. disability, or retirement from practice of the engi- § 1, .eff, .Sept. 1, .1987 Acts 1987.,: 70th Le ., ch. 149, . g -Weer or surve or res onsible for settm monu• Y P g . . Amended by Acts 1989,. 71st Leg., ch. 1, § 46(b}, eff. Aug. merits; 28, 1989. ~~ ~ 294 ~; , E~ `~ f ~ ~ ~y ~~. ~ .. _..___ LAND `:USE; & RELATED ACTIVITIES § 212.015 s • . • • ry ~ '" § 212.012, Connection of Utilities tion of all .:the owners of lots in the ...plat with (a) An entity described by Subsection (b) may approval obtained in the manner prescribed for the .: .~ not serve- or connect any land with water, sewer, on final. lat. g p electricity, gas, or .other utility service unless the (c} The county: clerk shall write_ legibly on the '= ~~ ~ ~ :entity has been presented with or otherwise holds a vacated.. plat he sword "Vacated'' and ,hall enter on ;~ certificate applicable to the land issued under Sec- the plat a -reference to the volume and page at . tion 212.0115. which the vacating instrument is recorded: ~ ~; ::. ~~,~ ~; ,, , (b) The prohibition established by Subsection-- (a) ~ (d) On the execution and recording. of the vacat- , .applies .only to ing instrument,-the uacated plat has no effect. (1) a municipality and officials' of a municipality Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. that provides water, sewer, electricity, gas, or other utility service; § 212.014. Replatting Without Vacating Pieced (2) a municipally awned or municipally o crated p ing. Plat ~ :~ `- utility that ~ provides any of those services; . A replat of a subdivision or part of a subdivision j ~ _(3) a public utility .that provides :any of those ~ may be recordedand i8 controlling over the pieced- services ing plat without vacation of that .plat if the replat: +I (4) a water supply or sewer service corporation (1) is signed' and acknowledged by only the ~ ~. organized and operating .under Chapter 76, Acts: owners of the property bung replatted; - ~ ~~ of `the 43rd Legislature, 1st Called Session, 1933 (2) is approved, after a public hearing on the '~~ {Article 1434,, Vernon's :Texas Civil Statutes), matter at which parties in interest and citizens that provides any of those services; have an opportunity to be heard, by the. municipal ~ ~ 1 (5) a county that provides any of those services; authority responsible for approving. plats; and : .. ~.: :. and (3) does not attempt to amend or .remove ,any ~ (6} a special district or authority created by or covenant8 or restrictions. ~~ ~ ~ under state law that provides any of hose servic- Acts 1987 70th e 4 ff Leg , h. 1 9, § 1, e .Sept. 1, 1987. ' es. ., ;. l (c) ThiB section does not apply to any area cover- § 212.015. Additional Requirements for Certain. ed by a development plat duly approved under Sub- Replats clha Ater B or '.under an ordinance or rule relating to (a) In addition o compliance. with Section 212.014, ., ~ the .development plat. . a replat without vacation of the preceding plat must 1 d The rohibitio O p n established by Subsection {a) ~ conform to the re wrements of this `section if: q ,. ~~ I , applies only to land that an entity described by (1) during the preceding five years, any of the .;: -Subsection (b)(1), (2), or (3) first .serves or first area to be replatted was limited by an interim or connects with services on or after September 1, permanent zoning classification to'residential use 187. The prohibition .applies only to land :that an , ~ f or not more than two residential units er lot; or P entity described by Subsection (b)(4), (5), or (6) first ` ~ (2) any at in the. recedin lat was limited by . P gP ,, serves. or first. connects. with services on or after deed restrictions to residential use for not more September 1, 1989. than two residential units per lot. Acts 1987, 74th Leg., ch. 149, § 1, `eff. Sept. 1, 1:987. Amended by Acts 1989, 71st Leg:, ch. 1, § 46(b), eff. Aug. (b) Notice of the hearing required under Section 28.,1989; Acts 1989, 71st Leg., ch: 624, § 3.0.1, eff. Sept.1, 212.014.: shall be iven before the 15th da :before. g Y ,: < 1!89. the date of the .:.hearing by § 2:12.013. Vacating Plat (1} .publication in an `official newspaper or a newspaper of .,general circulation in the aunty in .. (a) The, proprietors of the tract covered by a plat which the municipality is located; :and :may vacate the plat at 'any time before any lot in (2) by written notice, with a copy of `Subsection the plat is sold. The plat is vacated when a signed, (c) attached, forwarded by the municipal authority a~ck~nowledged,;instrument declaring the plat,vacated responsible for approving plats to thee-owners of is ~ approved and recorded in the manner prescribed ro ert in the on final ubdvision as indicated P A Y g , for the original plat. on the most recently approved rnunicipa tax: roll (b) If lots in the plat have been sold,. the plat,: or or in the case of a subdivision within the extrater- any part of the plat, may be vacated on the applica- ritorial jurisdiction, the most recently approved 293 ,' ' ~ a - § 212,0146 LOCAL .GOVERNMENT CODE. ,; construction or installation of the water and sew• ty if the :land is located. within the limits or in the I er service facilities to' service the subdivision but extraterritorial .jurisdiction of the munici ali . P ty v not to exceed the estimated .cost of the: construe- tion or installation of the facilities; (b) On the ;approval of a plat by the municipal (3) be executed with sureties as ma be a Y ~' authority responsible forapproving plats, ~~the au- proved by the governing body; thorny shall issue to thee.. person applying for the .. (4) be executed by a company authorized to do approval a certificate stating that the plat has been ' business ~s a surety in this state if the overnin g g reviewed an ~ d, approved by the authority. , .. ~~ . . ,.: ~ ~ , bod re uires a sure bon Y q tY d executed by a corpo- . , fin ' c O the written request of an owner of land, an rate surety; and entity that provides utility ...service, or the governing . t. ' . (5) be conditioned that the water and sewer. bod of the munici ' ' Y pality, ,the municipal. authority -~ ~ . ~ j service facilities will be constructed or installed:: responsible for...-approving ...,plats ;shall make the fol- A i (} 'n compliance with the model rules lowing determinations re ardin' the owner's l n g g a d adopted under. Section 16..343 Water Code and ~ or the land in which the enti r ty o governing body is ~ ' (B) within the time stated ~ on the plat or on interested that is located within the jurisdiction of i , ; the document attached to the platforthe subdi- the munici alit P Y - vision or within any extension of that time. (1) whether a lat is re wired under this P q sub- (c) In lieu of the bond an owner may deposit cash, chapter for the land; and r.; t a letter of credit issued by a f ederally insured financial institution, or other acceptable financial 2 if a lat is r O ~ p equired, whether it has .been I' a ~-, . guarantee. ~ prep red snd whether it has been revi ewed and aPProved by the authority. ,. ! .: ~, (d) If a letter of credit is used, it must:. d . (} Tne request made_under :Subsection. {c} must ~~ ~ ' :: ~ (1) list as the- sole beneficiary the,.presiding ffi r identify the land that is the. sub'ect of the re nest. ~ q ~+ ~ o ce of the governing body; and ~ ~ ~~ (2} be conditioned that `the water and sewer {e) If .the. _munici al ~ authorit res `onsibl . P Y P e for ap- 'i~ ~ . service facilities will be constructed or in ~ stalled pr°ving Plats determines under Subsection (c) that a , ; '; ... (A} in compliance with the model rules plat is .not required, ahe authorit shall issue to the Y re uestin .. written certification q a?~Y a of g P that de- ~,~ adopted under Section 16.343, Water Code• and , - . . . , . . . ~ : termination, If the authority determines that a plat ~. „{: (B) within the time stated on the plat or on the document attached to the lat f p or the subdi• is re wired and that th q ~ plat has been prepared and ~ ,,, ~;,, ; , ~ , , vision. or within any extension of that time. has been reviewed and approved by the authority, the authority shall issue o the requestin a a gP~Y ~ ' ~ ~ ~~ ~~.~ Acts.: -1989, 71st Leg., ch. 624, § 3.01, eff. Sept. 1, 1989. . . written certification of that determination. ,, ~~~ ,.; § 212.011. Effect of Approval on Dedication (f) The municipal authori res onsible for. a tY P P ~~ ` (a)-The .approval of a plate is not considered an proving: plats shall make its determination within 2~~ '~i ,.~'~ acce tance of an ro os P y p p ed dedication and does not days offer he date itreceives the request under ~ ': ~~~~' impose on the municipality any duty regarding -the Subsection c and shall i ' ` ' ~ } ssue the certificate, if ap- " ~, maintenanc e or Improvement of any dedicated parts propriate, within 10 da s after the date the determi- Y ~, , ~~ "' ,~ ' until the appropriate municipal authorities make an nation is made. ~;. ~ ` ~ ~ ~~ ~' actual appropriation of the dedicated arts b ent ` F Y rY~ (g) If .both the municipal .planning (`commission . ; ; ~ use , or improvement. . and thee. governing body of tree municipality havF '~' (b) The disapproval of a plat is considered a re• authority to approve. plats, .only one of those. entities ~~ ~ fusal by the municipality of the :offered dedication , need make the determinations and issue the certifi- ~; `' ~ indicated on the plat. cafes required by this. section. ' ~ ~; ,,,; ~ ~ Acts 1987, 70th Le . ch. 149 1 eff. Se g r , § pt. 1, 1987. .> ... ~ (h) The: ~ municipal authoi~ty responsible for ap- ' , ~ ;, , § X12.0115. Certification Regarding Compliance proving plats may. ado t rules it considers necessar P i ~~~ : ; ' ~~ With Plat Requirements to administer its functions under this section. i ~ r; (a} For the purposes of this section,. land is con- ~ sidered to be within the jurisdiction of a tnuni i ali ~ Acts 1,989, 71st Leg,, ch.. 1, 4S eff. Au . 28 1 ~ § ~~~ g 989. Amended by ~.~ts' 1989,` 71st I:~g., ch. 624, § .3.43, off. e ; ,, c p • S pt. 1, 1989, ~: I I „;, ;,~~~ ,; ,, E.ti„ ;: '•' j .1 ~..I t ~' •, y;! ,, 292 . . -~ ~ ,. ,~ A~ - ~:: ~~. ,~~. '~ ?~~` ~~•?~..,~ ~ _ ._ ~~ ..- . ~ ., . ., :tea ' Ali1D USE & RELATED ACTIVITIES § 212.O1Ofi L ~.~, ~~. ~;~ , authort shall certif the rea- the y Y affected tract the water and sewer service facilities that will ~; ; , sons for the; action taken on an application. be constructed or installed to service the subdi- r '' ~~ 1 1987. Acts .1987, 7Uth Leg., ch. 149, § 1, off. Sept. vision and a statement of the date by which the facilities will be fully, operable; and y~ ~;~~ 212.010. Standards for Approval (B) have attached to the plat a document ' al authorit res onsible for ap- (a) The munic p y p prepared by an engineer registered-~to practice `'. E rovin lats shall a rove a plat if p g P PP in this state certifying that the water and sewer ,~ service facilities- described by .the plat or on the (1) it conforms to the general ;.plan of the mu- document attached to the(plat are in compliance ~ ' 'alit and -its current .and future streets, al- 1 iC n Y p er Section `d and with the model rules adopte ~ , ~ leys, parks, playgrounds, and public utility facil- 16.343 Water Code; or ~ ~ ties, (2) must: -,x . (2) it conforms to the general plan. f or the ex- A include on the lat a statement that wa- ( p ,~ ;: ~~ ~ tension of the munici ality and its roads, streets, p . d t l .. . ter and sewer service f acilities are unnecessary n i y a and public highways within .the municipa for the subdivision; and ' ~ in its extraterritorial jurisdiction, taking into ae- (B} have attached to the plat a ocument ' ess to and extension of sewer and water count acc re ared b an en 'ineer registered to practice p p Y g -. i mains and the instrumentalities of public utilities.; - - water and sewer in this state certifying that ~ (3) a bond required under Section 212.0106, if . service facilities are unnecessary for the sub,di- apphcable, is filed with the municipality; and vision under the. model rules adapted under: (4} it conforms to any rules adopted under Sec- Section 16.343, Water Code., '` lion 21,2.002, (c) The governing body of the municipality hiay (b) However, the municipal authority responsible extend, beyond the date specified on the plat or on for approving plats may .,not .approve a :plat unless the document attached to the plat, the date by the plat .and other documents have been prepared as which the water and sewer service. facilities must be r required by Section 212.0105, if applicable. `fully operable if the governing body finds the exten- Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1 1987.. sion is reasonable and not contrary to the public Amended by Acts 1989, 71st Leg., ch. 624,: § 3.01, eff.: :interest. If the facilities are fully operable before ~r Se t. 1, 1 p 989• the expiration of the extension period, the facilities ~~ Section 4.02 of :the 1989 amendatory act provides: have been made fully_operable in are considered to ~, ' this Act to Cha tiers 212 and 232, n es m law made b p "The cha y g de, cti ernment Code, ;and to Se , Local Gov' p rty a timely manner. An extension is not reasonable if .. . land and to an owner of the apply. only to'a subdwision of a tract of it would allow a residence.. in the. subdivision to be tract if the tract is: subdivided':on or after ;September 1, 1989." inhabited without water or sewer services. ~~ 105. Water and Sewer Requirements in § .212.0 Acts 1989, 71st Leg., ch. 624, § 3.01, eff.: Sept. 1, 1989. Certain COUnties i V.T.C.A. Water Code, § 17;881• et seq. . (a} This section applies only to a person who: § 2.12.01Ofi. Bond Requirements and Other:; Fi- 1 is the owner of a tract of land in either: O nancial Guarantees in Certain ,.~ ;, ~ A a count that is contiguous to an interna- O Y Counties ~{ tional border; or (a) This section applies:; only to ;a person de- .' (B) a county in which apolitical, subdivision .....scribed by Section'2120105(a). _~ has received financial assistance through Sub- (b) If the .governing body of a municipality in a ,~ cha ter K, Cha 'ter 17, Water Code:;' p p county described by Section 212.0105(a)(1)(A) or (B) (2) ...divides the tract in a manner that creates requires. the owner of he tract to execute a bond, any lots that_are intended for residential purposes the owner must do so before subdividing -the tact and are one acre or less;- and ' cial guarantee is provided unless an alternative finan ~ (3) is required under this subchapter .to have a ' under Subsection (c). The bond must: ;j lat re ared.: for -the subdivision. p P P (1) be payable to the ;presiding ,officer of 'the `' (b), The .owner of the ..tract: governing body or to the presiding officer's uc- ~~ (1) must: cessors in office; ' A include on the lat or have attached o O P (2) be in an amount determined by the govern- '~ the plat a document containing a description of ing body o be adequate to `ensure the proper r 291 -- .. 212.006 LOCAL GOVER NMENT CODE I §..212.006. Authority Responsible.: for. Approval I pality the responsibility for plat approval within affe Generally `specified parts. of the offected urea. song {a} The. municipal. authority responsible for ap-: (b) Either party to an agreement :under Subsec- Acts proving.; plats under this subchapter is the municipal ton {a) may revoke the agreement after 20 years planning commission or, if the municipality has no have elapsed after the date of the agreement unless § 2~ ~ planning commission, :the ...:governing body of the the parties agree to a shorter period. ~ (a municipality.. The governing body by ..ordinance (c} 'A copy of the agreement shall be filed with prop may require the approval of the governing body in the county clerk. addition to hat of the municipal planning commis- . si n Acts 1987, 70th Le . ch. 149 § 1, eff, Se ~t. 1 1987. g , ...., ~ .. , P ~ -~~ n. o . - lE (b} a municipality with a .population of more ~ 2c1 0 8. ~-ppl~cation for :Approval - t~ tha 1.5 illon, at least two members of the munici• A person desiring approval:,af..~.a'P~a~ .mush..apply . pal ing commission, but not more than 25 to and file a copy, f'~the~lat with the municipal t~ percent of the membership of the commission, must planning commssi r, if the municipality has . no a be residents: of the area outside the limits of the planning eommissi a governing body of the u municipality and in which the municipality exercises municipality. c its authority to approve subdivision plats. Acts 1987, 70th Leg.,. ch 149, § 1, eff. Sept. 1, 1987. n `~ Acts 1987, '70th Leg,, ch. 149, § 1, eff. Sept. 1, 1987. ~ ' Amended by Acts .1989, 71st Le . ch.1 46(b), eff. Au . g , , § g § 212.009. Approval r cedure nn __ OJT. ...------ ~ ~ a 28,..1989.: ~ .. (a) a municipal au rity responsible or ap- ~~ , , , § .212.0065. Delegation of Approval Responsibili• proving plats shall act on plat within. 30' days after the date the plat i it - . A plat is considered t ~; ~ ty . , a roved b the munici al authorit unless it is PP ~ Y P Y ~ for f~ A municipality may delegate. the ability to ap- .disapproved within that period. the ,~ prove minor plats. involving four or fewer lots front- If an ordinance re wires that a lat be a ~) q P ~ rec '~ in on an existin street and not re uirin the: ~ g g q g proved by he governing body of the municipality in Ac~ ~. ' creation of ,any new street or the. extension of addition to the Tannin commission" the overnin A g g g ~ An {: municipal facilities t0 an employee of the municipal- ,, ~ body shall- act. on the plat within 30 days after the Sep ~. ty. The designated employee may, for any reason, date-the Tat is a roved b the p pp y planning commis- elect to present the plat to the municipal planning ,. ion or is considered a roved b the inaction of the PP Y ~~ commission or governing body, or both, to approve commission. A plat is considered approved by the ~~ app ' ' ; the plat. The .employee .shall not disapprov_e_ the ~ ~ , k plat and sha a require to refer any plat which he ~ governing body unless it is disapproved within that ~, ~`; ref uses. to approve to :the municipal planning com- period. ,: • , § f` ~ mission or governing body, or both, within the time . (~) If a plat is .,approved, ahe municipal authority }~ ~ period specified in Section 212.009. giving the approval shall endorse. the plat vv~th a ~; , ); Acts 1989, 71st Leg., ch. 345, § 1, eff. Aug. 28, 1989. certificate indicating the approval, The certificate must be signed by: ~~~ ~ § 212.007. .Authority. Responsible for Approval. 1 the authori 's residin officer and attest- O tY P g . ~'' Tract in Extraterritorial Jurisdic- ed by the authority's secretary; or u' ` Lion of :More Than One Municipality. ~. : {2) a majority of the members of the authority. , ; (a) For a tract located in the extraterritorial juris- {d). If the municipal authority responsible :for ap- diction of more, than one municipality, the: authority proving plats fails. to act on a plat within the pre- i~. responsible for approving a plat under this subchap- scribed period, the authority on request shall issue a ', • • ,, ter is he authority in the municipality with the certificate statin the date the Tat was filed and g P ~ " ' ~~' largest population that under Section 212.006 has that the authority failed toacton the plat within the ", approval responsibility.. The governing body of that period. The certificate is effective in place of the i' municipality. may. enter into an agreement with any endorsement required by Subsection (c). . ~~ other affected municipality or with :any other munc- (e} The municipal .authority .responsible for ap- 4~ "' ipality having area that, if unincorporated, would be !~ ' rovn Tats shall maintain a record of each a li- P g P pp ~~. in the extraterritorial ursdiction of th p, ~ e .governing cation m ' ode to .the authority and the authority a ' ~ body's municipality delegating. to the other munici= ~~~ ' action taken on it. On request of an .owner of an 290 .~~ r _ F 4 G1._. 'a+r 5:2:t~f i_ ! T Y .v .t yiS - 4 C~ ~ `"..4,. ~-+~ •r$'e .~.. -~.~-,...7 _-x~s~:;:. .., ..i .+ -C... . ' k'+t~"~~ -`4 a ~„ ,aaZ,~".,x" `.-- ~'~c"`~a,~ i -. ! aw -__ ~~~ r ~ r~"~ w LAND USE & RELATED ACTIVITIES; ~ 212.005 ~' ~ bmitation any restriction on the ratio of building (c) The owner or :..proprietor. of the tract or the ~ >~ fhr space to the land square footage; or owner's or..proprietor's went must acknowledge the Mi (4) the number of residential units that can be plat in the manner required for the acknowledgment Y built per acre of land.....: of deeds:. . - ::. -~ ~~ (b) A fine or criminal penalty prescribed by the (d) The plat must be filed and recorded with the ~ ~ j ~'~ ordinance does not apply to a violation in the extra- county clerk of the county m which the tract is ~~'" territorial jurisdiction. located. . (c) The mun~cipahty ~s entitled to appropriate in- (e) The plat is subject to the filing and recording ' ._ . , , ~unctive relief in .district court to en~om a violation .provisions of Section 12 002 Property Code w .~ of municipal ordinances or codes ,applicable in the Acts 1987, 70th -Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended b Acts 1989 71st Le . ch:-1 46 eff. Au ~ . ~ ~ ~ § ~)~ g . ~`'" extraterritorial jurisdiction. 28 1989 Acts 1989 7 s t >, c .624 3.02, eff. a t.1, . ~ g , § P ' ~:,y4": ~ ~` Acts 1987, 70th Leg., ch. 149, § 1; eff.: Sept. 1, .1987. , 1989.. ,~ '~`m Amended by Acts 1989, 71st Leg., ch 1, § '46(b) eff,_Aug.: Section 7 of :Acts 1987 70th Le ch 1102 rovides: g~~ p ' ~~~' 28,~ 1989; Acts 1989, 71st Leg., ch. 822, § 6, eff. Sept. 1, "The amendmentby this Act of Section 1 of and the addition by ~~ 1989. this Act of Section 1B to Chapter 231, Acts of the 4Uth Legislature, j ~,>. "ti': Section 7(b) of Acts 1987, 70th Leg., ch, 1102 provides: ~~~ Regular Session, -1927 (Article 974a, yernon's 'Texas Civil Stat- utes), apply only to a subdivision of land for which a plan;'plat, or ~~ .. 7`~ 'The addition by this Act of Sections~~9A and 10 to Chapter 231, ;~. replat is first required to be filed on or after September;; 1, 1987, ;Acts of the 40th Legislature, Regular Session, :1927 (Article 974a, except for the'validations made-by Section lB." ~* ,~ ~ Yernon's Texas Civil Statutes), applies to a .subdivision of land , ~'~ ' ' ~~ regardless of whether it was-made before'` on or after Se tember p § 212.0045. Exception to Plat Requirement: Mu- ;~ ;1,1987'" ~~~~:: nicipal Determination ~§ 212.004.:. Plat Required ' (a) To determine whether specific divisions of land ' ~`~ .,~ ~' ~ (a) The owner of a tract of land located within the ~ are re uired to be Tatted a munici alit ma de- q P ~ P Y Y . . { . . .~ ' ~'~~ limits or in .the extraterritorial jurisdiction of a fine and classify the-.divisions... A municipality need municipality who divides :the tract in two or more not re uire lattin for eve division of land 'other- q p g ~ { `e ... ~` parts to lay:. out a .subdivision of the tract, including wise within the scope of this .subchapter. xw , ~~ an addition to a municipality, or to :lay out subur- In lieu of a Tat contem lated b this subcha ~) P p Y p- `" ban, building, or other lots, and to lay out streets, ' ter, a municipality may require... the filing of a level- ~' alleys, squares, parks, ' or other parts of the tract opment plat under Subchapter.. B if hat subchapter '`°~~ intended to be dedicated to public use or for the use applies to the municipality. ~~ ~~ ~ of purcha~s;ers or owners of lots fronting on or ,, Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28, 1989. ,' ~~ adjacent t,o' the streets, alleys, `squares, parks, or ,: ,' ~ ~ other parts` must. have a plat of the subdivision § 212.0046. Exception to Plat Requirement: Cer , ~, , ~~. prepared. ~, ' A division of a ract under this subset- _ tam Property Abutting :Aircraft ter. tion includes a division. regardless of whether it is { Runway ~ ~' made by using a metes and bounds descri tion in a f ` An owner of a tract of land. is not required to { ~~~ deed of conveyance or in a contract for a deed, by I' usin a contract of sale g e or other executor contract prepare a plat if the land:: 1 l d ll i it y %~; y ) is ( ocate who y w thin a municipality w h to convey, or by using any other method. ~'~ a population of 5,000 or less; r~ ~ ~~ ~ ~~ ~- (b) To be, recorded, the plat must:. ' ~ (2) is divided into parts larger... than.. 2~/z acres; ~ y ' ~ (1) describe he~ .subdivision by metes :and ~~. ` and b 3 t ~ ~~„~~ .bounds; ~ ~ ~ ) a u ( s any part of an aircraft runway. ~ +~r ~~ (2} locate. the: subdivision with respect to a ~or- ' Acts 1989 71st Leg., ch. 1 4fi eff. Au 28, 1989. ~ ~ ~ ~ ner of the survey or tract or an original corner of ' ;'~' ~ the ori inal r f whi • 212.005. ' ' § Approval by Mumc~pality Required +~ , g su ve o ch it is a art and '~ ~ P '~ ~~- (3) state the dimensions of the subdivision and `The municipal authority responsible for approving L, '' ~ of each street, alley, square, .park, or other part plats must approve a plat that is required to be re ared under this subcha ter and that satisfies all p p p ~I ~ of the tract intended- to be dedicated to public use _. . applicable regulations. or for the use.` of purchasers or owners of lots '~ fronting on or adjacent to the street, alley, ` '' ~~ ' + Am :1987, ?0th Leg., ch. 1~9, § 1, eff. Sept.. 1, 1987. ended by Acts 1989, 71st Leg., ch. 1, § 4fi(b), eff. Aug. ' ' ~ square, park, or other part. . 28, 1989. w, '; R 289 ,, ~, . ~~ ., ,~ ~: ~~ :: ~, ~. ;, _ -~ a t ~ 212.01 LOCAL GOVERNMENT .CODE CHAPTER 212. MUNICIPAL REGULATION Section OF SUBDIVISi0N5 AND PROPERTY SUBCHAPTER Z. MISCELLANEOUS PROVISIONS DEVELOPMENT 212.901. .Developer Required to .Provide Surety. .SUBCHAPTER A. REGULATION OF SUBDIVISIONS SUBCHAPTER A. REGULATION OF SUBDIVISIONS ection S 212.001: Definitions. § 212.00.1... Definitions , 212.002.. . Rules. 212.003... Extension of Rules to Extraterritorial Jurisdic- In thin subchapter: . 212.004; tion. Plat Required. (1) "Extraterritorial jurisdiction" means a mu- 212.0045. i i I De- .Exception to Plat Requirement: Mun c pa nicipality's extraterritorial jurisdiction as deter- termination. mined under Chapter 42, except that for a munici- s 212.0046. Exception to .Plat Requirement: Certain Prop- pality that has a population of 5,000 or more ana erty Abutting Aircraft- Runway. is located in a county bordering the. Rio Grande 212.005. 212.006. Approval by Municipality Required. Authority Responsible for Approval Generally. River "extraterritorial 'urisdiction" means the ~ , , ~ , ~ ~ 212.0065. Delegation of ..:Approval Responsibility..: area outside the municipal. limits but_.within five ~. : 212.007. Authorit Res onsible for A rovaL• Tract in np miles of those .limits. t of More Thane Extraterritorial Jurisdictio « » `~ {2) Plat includes a replat. i One Municipality. 212.008. Application far Approval. Acts :1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 198?. h:~ ~,; 212.009. Approval Procedure. Amended by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. • 212.010... .Standards for Approval. 28, 1989. ,; -~ ~ 212,0,105. Water and Sever Requirements in Certain Section 46(a) of the 1989 amendatory act provides: ~' ; Counties. "(a) Subsections (b) through (d) of .this section amend the Local ~. , ' {~ ' ~ 212.0106. Bond Requirements and Other Financial Guar• Government Code to conform to Sections 1 and 2, Chapter 1102, , . ~ , antees in Certain Counties..: Acts of the 70th Legislature, Regular Session, 1987, and to con- e ~ ., 212.011. Effect of Approval on Dedication. form to Section 9 Chapter 1102 Acts of the 70th Legislature, 4 9 ,`~ ~~ '` 212.0115. Certification Regarding Compliance With Plat a.4, Revised .Statutes)." 87 (Article 9? Regular Session, 1 ~-~; ..,;. ~' ' 212.012. Requirements• Connection of Utilities. § 212.002. Rules ~{4~.~ ` ,.~ a. ~ 21L.U13. Vacating Plat. After a. public hearing on the matter, the govern- i ; - ; . 212 014 ~ Replatting Without Vacating Preceding Plat ~ • • • ing body of a municipality may adopt. rules: govern- ~f 212.015. ..Certain Replats. Additional Requirements far in fats and subdivisions of land Within the munici- g p ~ ~ ; ~ ~ . 212.016. 212.017. . .Amending Plat, Conflict of Interest; Penalty.. pality's jurisdiction to promote the health, safety, ~~ ~ f'~' 2120175. . Enforcement in Certain Counties; Penalty. .morals, or general welfare of the municipality and ` t.,1 ~ 212.018. Enforcement. in General. ~ the safe, orderly and healthful development of the ~ !'~ ~: , Sections 212.019 to 212.040 reserved for ex ansion ~ p ~ municipality. , .~ ~~~ Acts 19$?, 70th Leg., ch. 149, § 1, eff.. Sept. 1, 19$7• ~ "~~ SUBCHAPTER B. REGULATION OF . § 212.003. Extension of Rules to Extraterritorial ~i PROPERTY DEVELOPMENT , ~ , I;;; 212.041. Munci all Covered b Subeha ter.. P Jurisdiction .. . ~ ~ 212.042. A lication of Subcha ter A. P ef (a) The :governing body of a municipality by ordr ~ ~ . 212.043. initions, D nance may extend to the extraterritorial jurisdiction ~ '1. ~ ~ 212.044. 212.045. Plans, Rules, :and Ordinances. Development Plat Required. .. . , . of the municipality he application of municipal ordi- ~ ~'; , 212.046. Restriction on Issuance of Building and. Other nances adopted under ..Section 212.002 and other 1 u ~. ~ Permits by Municipality, County, or Official of municipal ordinances relating to access to public ,'~ ~ Other Governmental Entity, roads. However unless otherwise authorized b Y ' ~~ ,. . ;~~ f 212.04?. Approval of Development Plat. stat~law in its extraterritorial •urisdiction a munici- ~ i , ~ ' 212.04$. Effect of Approval on Dedication.. '~ ~ ;~ ~ ~ ~' ..212.049. . Building Permits in Extraterritorial Jurisdiction. pality shall not xegulate: . ~ -i ~ 212.054. Enforcement; Penalt .: y ~ • (1) the use of any building or property for busi• ~ '' ~~, ;~ I. , T SUBCHAPTER C. DEVELOPER. PARTICIPATION IN ness industrial, residential, or other purposes; ~r' CO NTRACT FOR PUBLIC IMPROVEMENTS (2) the bulk, height, or number of .buildings con- tii ~ 212.071.. Developer Participation Contract. strutted on a particular tract of land;. :{ ~~ 212.072. 212.073. Duties of Parties Under Contract.: Performance Bond.- , (3) the size of a building that can be constructed ~~ ~ 212.074.. ,Additional Safeguards; inspection of Records. on a particular tract of eland, including without +; ~ .I ~;~ ,~ ,, ., ,. 288 AGENDA ITEM COVER SHEET