Development Community Partners,
On Monday, November 14, 2022, New Braunfels’ City Council approved a new Interlocal Agreement (ILA) between the City and Guadalupe County. It is regarding subdivision platting within the portion of the City’s extraterritorial jurisdiction (ETJ) that lies within Guadalupe County (subject area). The ILA was executed Tuesday, November 15, 2022, and is effective immediately.
With this new ILA, the City of New Braunfels has ceded the regulatory authority for the subdivision platting process within the subject area to Guadalupe County in accordance with state statute. What this means for your projects (within the subject area) moving forward is:
- If you proceed with any new project in the subject area for which you have not submitted the first in a series of applications for a subdivision plat with the City of New Braunfels, your new regulatory agency for platting in the subject area will be Guadalupe County.
- If you are presently in process with the City of New Braunfels on any specific step for a project in the subject area, e.g. Traffic Impact Analysis (TIA) or Letter of Certification (LOC) being reviewed by the City, a plat within the “30-day shot-clock” for Planning Commission, etc., you may complete that step with the City.
- Before submitting an application for the next step in any project (in the subject area) that has been initiated with the City, e.g. LOC, a plat application with approved LOCs, master plan amendment for an already-approved master plan, etc., you must first complete, submit and obtain approval of a Vested Rights Determination from the City.
- Vested rights is the layman’s term for rights/entitlements derived pursuant to Chapter 245 of the Texas Local Government Code.
- It is important and necessary to go through this step to formally document your project’s vested rights. Such documentation will verify the specific vesting date and protect you and the taxpayers from third-party challenges to the vesting of your project. If vested rights are determined and acknowledged, then the City of New Braunfels may proceed as your regulatory authority for platting. The City will share the determination documentation with Guadalupe County.
- Attached is the Vested Rights Determination application; the current nominal fee to cover employee costs to process and review the application is $200.
At any time, if you do not wish to exercise your vested rights and proceed through Guadalupe County’s process instead, you may withdraw your project from the City and reapply through Guadalupe County.
Please note, the City does not “accept” roadways in Guadalupe County and, therefore, will not maintain such roadways.
Please contact the Planning Division at 830-221-4050 or Planning@NewBraunfels.gov if you have any questions.