16 - DISANNEXATION REQUESTS 36TH N.E.

Home Browse Search

3. HB 1197- Akreements with Landowners This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipality's Extraterritorial Jurisdiction," to Chapter 212 of the TLGC "Municipal Regulation of Subdivisions and Property Development." The bill provides that a city council can enter into a written contract with an owner of land in the city's ETJ to (1) guarantee the land's immunity from annexation for a period of up to fifteen years; (2) extend certain aspects of the city's land use and environmental authority over the land; (3) authorize enforcement of land use regulations other than those that apply within the city; (4) provide for infrastructure for the land; and (5) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties. 4. Development Plats Sections 212.041- 212.050 of the TLGC provide authority for municipalities to accept development plats in the ETJ. A development plat, however, should not be confused with a subdivision plat. The authority to regulate subdivisions is found in Subchapter A of Chapter 212 whereas the authority to regulate property development through the use of plats is found in Subchapter B of Chapter 212 of the TLGC. A city must choose by ordinance to be covered by Subchapter B (or the law codified by that subchapter) (TLGC Sec. 212.041 and if a municipality so chooses, any person who requests development of a tract of land in the corporate limits of ETJ must prepare a development plat. "Development," for purposes of Subchapter B, means "the new construction or the enlargement of any exterior dimension of any building, structure, or improvement." Subchapter B expressly provides that it "does not authorize a municipality to require municipal building permits or otherwise enforce the municipality's building code in its extraterritorial jurisdiction." (Sec. 212.049.) S. Sign Rei;ulations Chapter 216 of the Texas Local Government Code addresses the relocation, reconstruction or removal of a sign in the ETJ. Specifically, Section 216.003 allows municipalities to "require the relocation, reconstruction, or removal of any sign within its corporate limits, or extraterritorial jurisdiction," subject to the detailed regulatory procedure included in Sec. 216.0035 (creation of municipal sign control board, compensation requirements, exceptions and appeal provisions). A home -rule municipality has other authority to regulate signs. Home rule cities may license, regulate, control, or prohibit the erection of signs or billboards by charter or ordinance in compliance with Chapter 216 of TLGC, (Sec 216.901.) Municipalities may regulate the location proximity, size, separation, setback and height provisions so long as the ordinance reflects a reasonable relationship to the public health, safety or general welfare. A home -rule city may extend the provisions of its outdoor sign regulatory ordinance and enforce the ordinance within its M. In lieu of regulatory ordinances, however, home -rule cities may allow the Texas Transportation Commission to regulate outdoor signs in the ETJ by filing a written notice with the Commission. If a municipality extends its outdoor sign ordinance within