| (a) Authority and scope. This section shall apply only to tracts
of land that were divided into two or more parts to lay out a subdivision
before September 1, 1989 and have not been platted or recorded. This section
is in addition to the authority of the county to grant a delay or variance
pursuant to Local Government Code §232.043 or a rule of the county adopted
pursuant to such provision.
(b) Purpose. It is the purpose of this section to promote the
public health of the county residents, to ensure that adequate water and sewerage
facilities are provided in subdivisions within the jurisdiction of this county,
and to establish the minimum standards for pre-1989 subdivisions for which
no plat has been filed or recorded in the records of the county.
(c) Required plat. In the event that the owner of tract of
land located outside the limits of a municipality who subdivided the tract
into two or more parts to lay out a subdivision of the tract prior to September
1, 1989, including an addition, or to lay out suburban lots or building lots,
and 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, was legally obligated to, but has failed to have a plat of the
subdivision prepared, approved by the commissioners court, and filed, the
owner of a residential lot which was created by the subdivision may have a
plat of the individual lot prepared and approved by the commissioners court
as provided in this section in lieu of the filing of a plat of the subdivision.
(d) Special criteria. The commissioners court may approve the
plat of a residential lot which does not comply with the provisions of §§364.15(b)
of this title (sale restrictions), 364.36 of this title (Setbacks), 364.37
of this title (Number of Dwellings per Lot), 364.52 of this title (Final Engineering
Report), and 364.54 of this title (Financial Guarantees for Improvements)
as applied to an individual subdivided lot if such approval is in harmony
with the general purpose and intent of these rules so that the public health,
safety, and welfare may be secured and substantial justice done.
(1) Owners of individual lots in a single unplatted subdivision
may file a joint request for approval of their respective individual residential
lots.
(2) An application for approval of the plat of an individual
lot shall be made in writing. The application shall state specifically the
chapter, section, or subsection with which the plat does not comply and from
which a waiver is being requested. The application shall contain available
information and documentation which supports the requested approval. The applicant
shall also provide such additional documentation as the commissioners court
may request to support the application, including:
(A) a copy of a dated plat, sales contract, utility records,
or other acceptable documentation that the subdivision occurred prior to September
1, 1989;
(B) the name and address of the original subdivider or the
subdivider's authorized agent, if known;
(C) a survey and plat of the lot for which approval is requested,
showing existing residences, roads, and utilities; and
(D) a deed, an affidavit of ownership or other evidence of
ownership of the lot for which approval is requested.
(3) Approval of plats of individual lots shall be
granted subject to the limitations of state law, and based on written findings
by the commissioners court that:
(A) the lot for which approval is requested is within a tract
that was subdivided prior to September 1, 1989, and is not owned by the original
subdivider;
(B) a plat was required for the subdivision, but has not been
filed with the county by the subdivider legally obligated to file it;
(C) an existing, currently occupied residential dwelling is
located on the lot;
(D) existing water and sewer services which comply with the
minimum standards set forth herein are available to the lot; and
(E) the request is reasonable, compliance with specified sections
of these rules is impractical, and a waiver is not contrary to the public
health and safety.
(e) Final determination. The commissioners court shall make
the final decision on an application for a waiver, following review and recommendation
by the county planning commission or department, if any. The applicant may
withdraw a request for a waiver at any point in the process. If the requested
waiver application is approved by the commissioners court, the county shall
issue a certificate stating that a plat of the residential lot has been reviewed
and approved.
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