§ 20.1. General

20.1.1

Short title .

This Article shall be known, cited and referred to as "The City of Cibolo Subdivision Regulations."

20.1.2

Definitions .

Applicable definitions are referenced in Article 1, Section 1.13 of this UDC.

20.1.3

Authority of the City; Extension to Extraterritorial Jurisdiction (ETJ); Purpose .

a.

This Article is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212, Texas Local Government Code.

b.

Purpose . In order to achieve orderly, efficient and environmentally sound development of land, the City must be provided with appropriate guidelines and development management mechanisms. This Article, in conjunction with any other land use control tool as may be adopted by the City, provides those guidelines and mechanisms.

c.

The following rules and regulations are hereby adopted as the Subdivision Regulation of the City of Cibolo, Texas, also referred to herein as "this Article". This Article shall be applicable to the filing of plats and to the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation or disannexation. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction.

20.1.4

Development Agreements .

Development agreements affecting land in the city limits and the extraterritorial jurisdiction of the City may be used in accordance with Chapter 212 to do the following:

a.

Contract for an area's continued extraterritorial jurisdiction status for up to an initial term of fifteen (15) years and up to two additional extensions for a maximum total term of forty-five (45) years.

b.

Extend city planning authority over the land, including enforcement of not only the same land use, development and environmental regulations applicable in the City, but specific additional regulations for the land.

c.

Provide for infrastructure for the land including streets, roads, drainage, water, wastewater and other utility systems.

d.

Specify the uses and development of the land.

e.

"Other lawful terms and considerations" as agreed to by the parties.

20.1.5

Consistency with Comprehensive Master Plan and UDC .

It is the intent of the City that this Article shall be consistent with the adopted Comprehensive Master Plan of the City, this Unified Development Code (UDC) and any supplemental land use and community development policies that may be adopted by the City Council. No plat or subdivision of land within the City or its extraterritorial jurisdiction, as determined by the Local Government Code, shall be approved unless it conforms to such plans, policies and ordinances.

The City's Comprehensive Master Plan was adopted as a guide, not as a mandate, for growth and development of the entire City and its extraterritorial jurisdiction. The Future Land Use Map shall not be, nor be considered, a zoning map, nor constitute zoning regulations or establish zoning boundaries and is not site or parcel specific and shall be used to illustrate generalized locations. Also, the Future Thoroughfare Plan depicts generalized locations of new alignments which are subject to modification to fit local conditions and are subject to refinement as development occurs.

20.1.6

Special Provisions .

a.

No permit shall be issued by the City for the installation of septic tanks upon any lot in a subdivision for which a final plat has not been approved and filed for record, or upon any lot in a subdivision in which the standards contained in this Article have not been complied with in full.

b.

No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained in this Article have not been complied with in full.

c.

The City shall not repair, maintain, install or provide any streets or allow the provision of public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained in this UDC or referred to in this Article have not been complied with in full.

d.

The City shall not permit the sale, supply or approval of any utility service within a subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained in this Article or referred to in this Article have not been complied with in full.

e.

If any subdivision exists for which a final plat has not been approved or in which the standards contained in this Article or referred to in this Article have not been complied with in full, the City Council shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of subsections (a), (b), (c) and (d) of this section will apply to the subdivision and the lots therein. The City Secretary shall, when directed by the City Council, cause a certified copy of such resolution under the corporate seal of the City to be filed in the deed records of the county or counties in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the City Secretary shall forthwith file an instrument in the deed records of such county or counties stating that subsections (a), (b), (c) and (d) of this section no longer apply.

f.

Notwithstanding any contrary provisions in this UDC, if an applicant meets all other applicable requirements of this UDC, and chooses to file security prior to recordation of the final plat, and meets all requirements for posting security in this UDC, then the special provisions of this section shall not apply and permits may be issued, and improvements may be installed and maintained.

20.1.7

Conflicting Regulations .

Whenever the requirements of this Article conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern.

20.1.8

Application of Article .

The provisions of this Article shall apply to the following forms of land subdivision and development activity within the City's limits and its extraterritorial jurisdiction; subject to the applicable provisions and exemptions of Chapter 212 of the Texas Local Government Code and exceptions to this Article:

a.

The division of land into two or more tracts, lots, sites or parcels; or

b.

All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the City's subdivision regulations, and which subsequently came within the jurisdiction of the City's subdivision regulations through:

1.

Annexation; or

2.

Extension of the City's extraterritorial jurisdiction; or

3.

Through adoption of inter-local agreements; or

c.

The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or

d.

When a building permit is required for the following uses on unplatted property.

1.

Residential single-family:

(a)

Construction of a new single-family dwelling unit; or

(b)

Moving of a primary structure or a main building onto a piece of property; or

2.

Nonresidential and multi-family:

(a)

Construction of a new nonresidential or multi-family structure; or

(b)

Moving a primary structure onto a piece of property; or

e.

For tracts where any public improvements are proposed; or

f.

Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five acres in size in the City limits or 10 acres in the ETJ; or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050, as may be amended.

20.1.9

Platting Not Required .

The provisions of this Article shall not apply to:

a.

Development of legally platted land (i.e., land having final plat approval and having a recorded or recordable final plat) and approved prior to the effective date of this Article, except as otherwise provided for herein (construction of facilities and structures shall conform to design and construction standards in effect at the time of construction) and for which no re-subdivision is sought; or

b.

Development of land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of Guadalupe County, Texas on or before January 23, 1984; or

c.

Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is occurring; or

d.

Existing cemeteries complying with all State and local laws and regulations; or

e.

A division of land created by order of a court of competent jurisdiction; or

f.

When a building permit is requested for unplatted or already platted parcels for one or more of the following activities:

1.

Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage, nor deviate from the original location, of the original structure;

2.

Building additions;

3.

Accessory buildings; as defined in Article 15 of this UDC;

4.

Remodeling or repair which involves no expansion of square footage; or

5.

Moving a structure off a lot or parcel, or for demolition permits.

g.

A division of land in the ETJ for which all lots or tracts in the subdivision or development are at least ten (10) acres in size and have at least sixty (60) feet of frontage on a public street. However a development plat may be required; or

h.

A division of land within the corporate limits of the City into parts greater than five (5) acres, where each part has at least sixty (60) feet of frontage on a public street and no public improvement is being dedicated; provided, however, dedication of a public improvement pursuant to a development plat will not be deemed to require that the owner/developer obtain a subdivision plat. However a development plat may be required; or

i.

The platting of land for which an application has been filed prior to the effective date of this UDC.

20.1.10

City Participation in Cost .

a.

The subdivider will be required to install, at his own expense, all water lines, streets, sewer lines, storm sewer lines and drainage facilities, and structures within the subdivision in accordance with the Cibolo Design and Construction Manual governing the same and as set forth herein, including all engineering costs covering design, layout, and construction.

b.

There will be no participation by the City in the cost of any of the underground utility lines or drainage facilities within the subdivision except in the event of the requirement for oversize lines to serve land areas and improvements beyond the subdivision in question.

c.

The developer will pay for all extensions of the City water and sanitary sewer systems and obtain and pay for all easements.

d.

Engineering Review: The base engineering review fee for preliminary review and final review of any plat or Land Study submitted to the City Engineer shall be paid for by the developer or property owner. The fee for all changes or requests for further review from the developer or property owner by the City Engineer of any plat or plans shall be billed by the City at the standard rates charged by the City Engineer to said developer or property owner. All engineering charges must be paid before the subdivider will receive final plat approval by the City.

e.

Legal Fees: All legal fees incurred by the City in the development or enforcement of the terms and conditions, such as preparing special legal agreements or instruments, as set forth by this Article shall be paid by the City to its Attorney. The City shall then bill the subdivider such fees. All legal fees must be paid to the City before the development shall receive final plat approval by the City, as described in the "Community Development Fee Schedule", as amended.

20.1.11

Waivers .

a.

General. Where the City finds that undue hardships will result from strict compliance with provision(s) of this Article, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve a waiver from any portion of these regulations so that substantial justice may be done and the public interest is secured, provided that the waiver shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the City shall not approve a waiver unless it shall make findings based upon the evidence presented to it in each specific case that:

1.

Granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity;

2.

Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; or an alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein;

3.

The waiver will not in any manner vary the provisions of the UDC or other ordinance of the City.

b.

Conditions. In approving a waiver from any provision of this Article, the City may require such conditions as will secure substantially the purposes described in this Article.

c.

Procedures:

1.

A petition for a waiver shall be submitted in writing to the Planning and Engineering Director by the property owner or agent before the plat is submitted for the consideration of the City. The petition shall explain the purpose of the waiver, state fully the grounds for the waiver, and all of the facts relied upon by the petitioner.

2.

Waivers may be approved, disapproved or approved with conditions by the City Council.

3.

The findings of the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the governing bodies reviewing and taking action on the waiver.

20.1.12

Appeals of Administrative Decisions .

a.

Except as appeals of decisions regarding the apportionment of municipal infrastructure, the decision of any City administrative official pursuant to an interpretation of this Article may be appealed to the City Council. Each appeal shall be submitted to the City in writing, and shall include a clear description of the reasons for the appeal. If the appeal involves technical design and/or construction standards, then the appeal shall be supported and accompanied by appropriate studies and data that support the appeal, which shall be prepared by an appropriate professional expert who is knowledgeable in the subject matter of the appeal. The City Council, at its discretion, shall have the right to have the supporting studies and data reviewed and evaluated by either appropriate City staff officials or by retained outside consulting experts, as the City Council deems appropriate the fees for which may be charged to the appellant. Each appeal shall be decided within sixty (60) days following receipt of the complete appeal request (including any necessary supporting studies and data) from the applicant.

b.

If an appeal of an administrative decision is submitted with a subdivision Land Study (Master Plan) or plat, no application for appeal shall be considered unless the applicant waives in writing the requirement that a decision on the plan or plat be made within thirty (30) days of application.

20.1.13

Appeal for Relief from Apportionment of Municipal Infrastructure Costs .

a.

Purpose and applicability.

1.

Purpose . The purpose of an appeal for relief from a dedication, reservation, construction, payment of fees, or payment of construction cost requirement is to assure that the application of uniform apportionment of municipal infrastructure costs to a proposed Master Plan or plat is roughly proportionate to the proposed development, taking into consideration the nature and extent of the demands created by the proposed development on municipal infrastructure.

2.

Applicability . An appeal for relief under this Article may be filed only to contest the roughly proportionate nature of any apportionment that is imposed under this Article to a Master Plan or plat application or to any other development application authorized under this UDC, whether the requirement is pursuant to uniform standards, or attached as a condition to approval of the application. It is the developer's responsibility to determine the burden of proof of roughly proportionate. An appeal under this Article shall not be used to seek variation from a standard on grounds applicable to a petition for a waiver under this Article. Relief under this provision may not be sought for a recorded plat.

3.

Effect . If the relief requested under the petition is granted in whole or in part by the City Council, the requirement initially imposed shall be modified accordingly, and the standards applied or the conditions attached to initial approval of the application shall be thereafter applied in accordance with the relief granted and the property owner will not be required to resubmit the application in order to get the benefit of the relief granted.

b.

Appeal procedures.

1.

Roughly proportionate analysis . If an applicant for Master Plan or plat approval disagrees with the roughly proportionate nature of the apportionment at any time in the Master Plan's or plat's review process, he should so advise the City in writing no later than two weeks before such Master Plan or plat would be considered by the Planning and Zoning Commission. The City Engineer or other professional engineer retained by the City shall prepare a roughly proportionate analysis prior to consideration of the Master Plan or plat by the Planning and Zoning Commission. If the City Engineer's analysis shows the apportionment of the municipal infrastructure costs to the applicant's development do not exceed the amount that is roughly proportionate to the development's impact and the applicant disagrees with such analysis, the applicant may appeal in accordance with this Article.

2.

Planning and Zoning Commission Action . The Commission may not approve a Master plan or plat for which an appeal in accordance with this Section has been applied until the City Council has made its decision on the appeal.

3.

Form of appeal . The appeal for relief from an apportionment requirement shall be in the form of a petition to City Council and allege that application of the standard or the imposition of conditions relating to the Apportionment is not roughly proportional to the nature and extent of the impacts created by the proposed development on municipal infrastructure. The fee for this process shall be as provided for in the Planning and Development Services Fee Schedule, as amended.

4.

Evidence . The petitioner shall demonstrate that the apportionment requirement that was applied is not roughly proportional to the proposed development's impact on municipal infrastructure. Written evidence presented on behalf of an appellant at any appeal hearing may include evidence that addresses any of the following information that may be pertinent to the circumstances and any other information the appellant deems necessary to the appeal:

(a)

Total capacity of the particular municipal infrastructure system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed.

(b)

Total capacity to be supplied to the particular municipal infrastructure system by the proposed Apportionment. If the development application is part of a phased development, the information may include any capacity supplied by prior Apportionments.

(c)

Comparison of the capacity of the municipal facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed Apportionment. In making this comparison, the impacts on the municipal infrastructure system(s) from the entire development shall be considered.

(d)

The effect of any credits against any impact fees due the petitioner as a result of the Apportionment in accordance with City requirements.

(e)

The effect of any City participation in the costs of over-sizing the capital improvement to be constructed.

5.

Time for filing petition and study . The petition shall be filed with the City within ninety (90) days of the initial decision on the application. Where the apportionment requirement is applicable to more than one requirement, the petition may be filed following a decision on any application in which the requirement is applied. The study and any evidence in support of the petition shall be filed within ninety (90) days of the date the petition was filed, unless the petitioner seeks an extension in writing. The City Engineer may extend the time for submitting the study or other evidence for a period not to exceed an additional sixty (60) days for good cause shown.

6.

Land in extraterritorial jurisdiction . Where the subject municipal infrastructure are located in the extraterritorial jurisdiction of the City and are to be dedicated to the County pursuant to an inter-local agreement under Texas Local Government Code Chapter 242, a petition and evidence in support of the petition shall not be accepted as complete for filing by the City Engineer unless the petition or study or other evidence is accompanied by verification that a copy has been delivered to the County.

c.

Processing of Petitions and Decision.

1.

Administrative official . The Planning and Development Services Director is the administrative official responsible for processing an Apportionment. Where the petition is for the appeal from an Apportionment in the City's extraterritorial jurisdiction that is to be dedicated to the County pursuant to an inter-local agreement under Texas Local Government Code Chapter 242, the Community Services Director shall coordinate a recommendation with the appropriate County official responsible for reviewing plats in the County.

The Planning and Development Services Director shall submit the petition to the City Engineer who shall evaluate the petition and supporting study and other evidence, and shall make a recommendation to the City Council based upon the information contained in the study, any comments received from the County, and the appropriate City officials. In evaluating the petition and other evidence, the City Engineer shall take into account the maximum amount of any impact fees to be charged against the development for the type of municipal infrastructure improvement that is the subject of the petition, and any credits due the petitioner against impact fees, as well as any traffic impact, drainage or other adequate facilities studies evaluating the impacts of the development or similar developments on municipal infrastructure. The City Engineer must utilize generally accepted methodology in evaluating the petitioner's study, including but not limited to impact fee methodologies.

2.

Decision-Maker . The City Council shall decide the appeal for relief based on the criteria set forth in item (d) below.

3.

Appeal hearing and decision time frames .

a.

The City Council shall consider the request after an appeal hearing on the subject is held.

b.

The City Council shall hold the appeal hearing and consider the petition within thirty (30) days of the submission of the study and any other evidence submitted on behalf of the appellant in support of the appeal.

c.

The City Council shall make a final decision within thirty (30) days following the final submission of any testimony or evidence by the developer at the appeal hearing.

4.

Decision . The City Council shall consider the petition for relief, the analysis prepared by the City in accordance with this section and the evidence presented, and based upon the criteria set forth in "Criteria for Approval" subsection below, and shall take one of the following actions:

(a)

Deny the appeal for relief, and impose the standard or condition in accordance with the initial decision; or

(b)

Deny the appeal for relief, upon finding that the proposed requirements are inadequate to offset the impacts of the development on the municipal infrastructure, and either deny the application or require that additional Apportionments for municipal infrastructure be made as a condition of approval of the application; or

(c)

Grant the appeal in part and add such conditions of approval to the application as it deems appropriate; or

(d)

Grant the appeal for relief, and waive in whole or in part any Apportionment requirement necessary to meet the criteria for approval; or

(e)

Grant the appeal for relief, in whole or in part, and direct that the City participate in the costs of the particular municipal infrastructure.

5.

Notification of decision on appeal. The petitioner shall be notified in writing of the decision on the appeal for relief by the Planning and Engineering Director within 10 days following the decision.

d.

Criteria for approval. In deciding the appeal for relief from an Apportionment, the City Council shall determine whether the petitioner has demonstrated that the City Apportionment is not roughly proportional to the proposed development's impact on municipal infrastructure. In making such determination, the City Council shall consider the evidence submitted by the petitioner, the staff's report and recommendation and, where the property is located within the city's extraterritorial jurisdiction, any recommendations from the County.

e.

Implementation of appellate decision.

1.

When appeal for relief is granted . When the City Council grants the appeal for relief, the date of the final decision will be deemed the date of approval of the application, and the City must process the application consistent with the relief granted.

2.

When appeal for relief is denied . When the City Council denies the appeal for relief, the date of the final decision will be deemed the date of denial of the application, and the petitioner must either withdraw the application or be prepared to make the required Apportionment pursuant to the decision, as appropriate.

3.

Where approval of the appeal was conditioned . The City may require the applicant to submit modified Master Plans, plats, construction plans, or supporting materials consistent with the relief granted and condition(s) imposed by the City Council on the petition.

4.

Period of relief . The relief granted on a petition shall remain in effect for the period that the Master Plan or plat approval is in effect, and shall expire upon expiration of the Master Plan or plat approval. Extension of the Master Plan or plat approval also shall result in extension of the relief granted on the petition.

20.1.14

Payment of all Indebtedness Attributable to a Specific Property .

No person who owes delinquent taxes, delinquent assessments, delinquent fees, or any other delinquent debts or obligations to the City and that are directly attributable to a piece of property, shall be allowed to file any plat or re-plat until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or a previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid before any plat is filed.

20.1.15

Right to Deny .

The City may deny a plat and any approval pursuant to this UDC if the applicant: 1) does not submit an administratively complete application in accordance with this Article within the required time frames of the Commission and City Council approved meeting schedule; or 2) pay full filing fees.

20.1.16

Misrepresentation of Facts .

It shall be a violation of this UDC for any person to knowingly or willfully misrepresent, or fail to include, any information required by this UDC in any plat application or during any public hearing or meeting of the Planning and Zoning Commission or City Council. Such a violation shall constitute grounds for denial of the plat.