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§ 82.201 GENERAL SUBDIVISION PROCEDURES (a) General. (1) The Commissioners Court will not approve a Final Plat for subdivision of land unless it complies with all applicable requirements of these Standards. (2) For Subdivisions within the ETJ of a municipality with which the County has entered into an agreement under 242.001(c) and (d), Local Government Code, County review, if any, shall be as provided in the agreement. If any provision of this chapter cannot be reconciled with such an agreement in a manner consistent with Chapter 245, Local Government Code, the agreement shall control. The County has entered into the following such agreements: (A) City of Austin. April 1, 2002 (B) City of West Lake Hills. June 18, 2002. (C) City of Lakeway. September 17, 2002. (D) City of Pflugerville. September 30, 2002. For Subdivisions within the ETJ of a municipality with which the County has not entered into an agreement under 242.001 (c) and (d), Local Government Code, the County staff will coordinate its review with the municipality in order to avoid unnecessary duplication and conflict between county and municipal requirements and processes. (3) In approving a Final Plat, the Court may order that the Executive Manager hold the plat in abeyance and not file it until the Owner has submitted construction security or other documents, provided proof that the Final Plat has been approved by any other governmental entity with platting or other jurisdiction, or met other prerequisites set by the Court. Upon approval by the Court and the Executive Manager’s determination that any prerequisites for filing have all been met, the Final Plat will be filed of record in the Plat Records of Travis County, along with any applicable covenants and/or restrictions, at the Owner’s expense. If the Executive Manager determines that any prerequisites for filing have not been met or another governmental entity requires changes to the plat as it was previously approved by the Court, the Court may reconsider the application and approve modifications or withdraw its previous approval. The Court shall act on a request for reconsideration within 30 days. (4) An "Original Tract" means a tract of land which existed in its present configuration prior to September 1, 1983. (b) Applications. (1) An application for approval of a Final Plat shall be filed with TNR by the record Owner or the duly authorized agent of the Owner. The Final Plat Application Form is 20 in the Appendix as Exhibit 82.201(C) and contains a written list of documentation and other information. For the application to be considered complete, this documentation and information must be submitted in sufficient details so that the technical review process for compliance with the requirements of these Standards can comment. (2) The application for approval of a Final Plat will be reviewed by TNR for completeness under the applicable requirements and procedures of these Standards. (A) If the application is complete, the Executive Manager shall notify the Owner and TNR’s technical review process will begin. (B) If the application is incomplete, the Executive Manager shall notify the Owner within ten (10) business days of receipt of the application of the documents or other information that is lacking. The Owner shall perform such work and provide such documentation as required to complete the application and resubmit it to the County. This process shall be repeated until the application is complete. (C) Once the application has been completed, TNR shall review the completed application for compliance with these Standards. (3) The Executive Manager will approve or disapprove an application and notify the Owner of the result within forty-five (45) days after receiving a complete application. If the application is disapproved, the Executive Manager will provide a written list of the reasons for disapproval. (A) If the Executive Manager approves the application, a request for final action will be placed on the Commissioners Court agenda. (B) If the application is denied, the Owner may appeal to the Commissioners Court by requesting in writing within two (2) business days of being notified of the result that the application be placed on the Commissioners Court agenda for final action. If the Owner does not appeal, the Executive Manager’s disapproval constitutes final action. (C) If the Owner appeals and the Commissioners Court does not take final action within sixty (60) days after receiving a complete application, the application is approved by operation of law and the Owner shall be refunded the greater of the unexpended portion or fifty percent (50%) of any plat application fee or deposit that has been paid. (4) An application shall include all of an Original Tract, except as otherwise provided in this Section. All property shall be platted with due regard to the orderly extension of roads, utilities, drainage, and other public facilities. If less than an entire Original Tract is being subdivided and platted, the County will require the owner to enter into a Phasing Agreement to provide for the orderly 21 administration of the subdivision process in the subsequent platting of the the balance of the tract. A copy of a sample Phasing Agreement is included in the Appendix. (5) The Executive Manager shall waive the requirement that an application include all of an Original Tract if: (A) all of an Original Tract is not owned by the applicant and the portion of the Original Tract included in the Final Plat or a previously approved Preliminary Plan will satisfy the access requirements of Section 82.202(d); and (B) the balance of the Original Tract abuts or has access by a recorded easement to a public street or road, or the Final Plat or a previously approved Preliminary Plan provides for such access to the balance of the Original Tract. (6) The Phasing Agreement must be approved by the Commissioners Court upon the approval of the first Preliminary Plan or upon the approval of Alternative Fiscal, but no later than the date of the approval of the first Final Plat. (7) An application for Final Plat approval may include all or a portion of the land included in an approved Preliminary Plan, subject to the requirement of a Phasing Agreement. (8) The Commissioners Court may approve a Phasing Agreement which meets the following criteria: (A) The Phasing Agreement is in substantially the form set forth in the Appendix; (B) The Phasing Agreement adequately addresses the particular facts in proposed phased development so that the development process is accommodated and the public interest is protected; (C) The dedication of roads and drainage, and the posting of construction security is roughly proportional to the impact of the development of the property; and (D) The form and substance of the Phasing Agreement is approved by the County Attorney’s Office. (9) A Master Development Plan may be voluntarily submitted as a non-binding planning tool, but is not required and will not be approved by the Executive manager or the Commissioners Court. If submitted, it will consist of a reasonably detailed map or schematic drawing containing the following: (A) The boundaries of the entire development; (B) The names of adjacent platted subdivisions or the names of the record owners of adjoining unplatted property; (C) The location, width and names of all existing or platted streets or public rights-of-way and all existing easements within and adjacent to the development; 22 (D) The layout and width of proposed arterials, thoroughfares and collector streets and the general configuration of proposed streets and alleys: (E) The general arrangement and designations of land uses, and any sites for special use (e.g., for parks, open space, detention, or other public facilities); (F) The approximate location of the 25-year flood plain and the 100-year flood plan, the location and width of existing drainage channels, creeks and water courses within the development; and (G) The proposed location of proposed drainage courses and any necessary offsite extensions. (c) Expiration and Extension. (1) Preliminary Plan. (A) A Preliminary Plan application submitted at the election of the Owner under Section 82.203 shall conclusively be deemed to be withdrawn if, at the end of two years from the date of submittal of a complete preliminary plan Submission for review to the County, the applicant has not satisfied the applicable criteria for approval under these regulations. The Executive Manager may grant one 180-day extension to the review period for just cause. The request must be tendered in writing prior to the expiration of the initial review period. (B) Outside the City of Austin’s ETJ, approval of a Preliminary Plan submitted at the election of the Owner under Section 82.203 expires unless a complete application for Final Plat approval for all or a portion of the Preliminary Plan is filed no later than two years after the date of Preliminary Plan approval by the County or any municipal authority responsible for such actions, whichever is the later date, and the Final Plat is approved. (C) In the City of Austin’s ETJ: (i) a preliminary plan expires: (1) four years from the date of approval in the Drinking Water Protection Zone; and (2) ten years from the date of approval in the Desired Development Zone. (ii) The expiration date of a preliminary plan may be extended administratively by the approving authority, as defined in clause iv below, for a period of two years if neither the preliminary plan nor the regulations governing the original approval of the preliminary plan have significantly changed. No more than two such extensions shall be granted. 23 (iii)One or more extensions of the expiration date of a preliminary plan may be granted by the approving authority, as defined in clause iv below, based on commitments that the applicant has made in an agreement with Travis County, the City of Austin, or both, to complete infrastructure in increments or phases corresponding to each increment or phase of development of the land covered by the preliminary plan. (iv) The approving authority: (1) in City of Austin near term annexation areas is the authorized official of the City of Austin for administratively granted extensions and the land use commission, as defined by the City of Austin Land Development Code, for all other extensions; (2) Outside City of Austin near term annexation areas and in the Desired Development Zone, is the Executive Manager for administratively granted extensions and the Commissioners Court for all other extensions; (3) Outside City of Austin near term annexation areas and in the Drinking Water Protection Zone is both the Executive Manager and the authorized official of the City of Austin for administratively granted extensions, and both the Commissioners Court and the land use commission, as defined by the City of Austin Land Development Code, for all other extensions. (2) Incomplete Applications for Final Plats. An incomplete application for a Final Plat shall be conclusively deemed to be withdrawn if the Owner does not provide the documents or other information within sixty (60) days after the County has notified the Owner of the missing document or information. Upon written request, the Commissioners Court of the Executive Manager may grant one extension of sixty (60) days. (3) Extensions of Time for Final Action on Final Plat: (A) The Commissioners Court or the Executive Manger may unilaterally extend the sixty (60) day period for final action under Section 82.201(a) up to an additional sixty (60) days if the County is required to perform a Takings Impact Assessment (“TIA”) under Chapter 2007 of the Texas Government Code in connection with the application. The Commissioners Court or the Executive Manager must make the determination that the TIA is required and that the period will be extended within twenty (20) days after receiving a complete application. 24 (B) The sixty (60) day period for final action under Section 82.201(a) may be extended for reasonable period if agreed to in writing by the Owner and approved by the Commissioners Court or the Executive Manager. A form for the extension of the sixty (60) day period is set forth in the Appendix as Exhibit 82.201(D). The Commissioners Court of the Executive Manger may not compel an Owner to waive any time limit. (C) If sixty (60) day period for final action is extended, the plat is approved as a matter of law if final action is not taken on the application by the agreed date of the extension. (d) Cancellation of Subdivision Plats (1) General. This Section (d) applies only to real property located outside municipalities and their ETJ as defined in the Texas Local Government Code. Properties within a municipality’s ETJ shall follow the individual municipality’s established rules for vacation of subdivision plats. Vacations of plats within the ETJ of a municipality must be approved by both the municipality and the County. (2) Cancellation of Subdivision. A person owning real property that has been legally platted into lots or blocks may apply to the Commissioners Court through TNR to cancel all or part of the subdivision, including cancellation of dedicated easements or rights-of way within the subdivision or portion thereof to be canceled. If the Commissioners Court determines that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision or it is shown that the purchaser agrees to the cancellation, the Commissioners Court shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. If the cancellation is approved, the property will be re-established as acreage tracts as it existed prior to subdivision. A sample cancellation instrument is included in the Appendix. Notice of the proposed subdivision cancellation shall be published in the local newspaper at least 21 days prior to the public hearing held at a regular Commissioners Court meeting. In the event the cancellation is being done to facilitate a replat, the replat will be processed simultaneously with the cancellation action. The following documentation is required to be submitted to TNR for review prior to placing the request on the Commissioners Court agenda: (A) Two copies of the plat to be canceled. If only a partial cancellation is being requested, the lots, blocks, and/or right-of-way to be canceled must be delineated. (B) Current tax certificates covering the area to be canceled. (C) Copies of the current owner’s deed(s) for the area to be canceled. 25 (D) A request for cancellation. (i) If the request is for a cancellation of the entire subdivision, a copy of the cancellation document showing the notarized signature of all the owners of the lots or blocks in the subdivision . (ii) If the request is for only a portion of the original plat, the document must reflect the notarized signature of at least 75% of the owners of the original lots in the subdivision, phase, or identifiable part. However, if the owners of at least 10% of the original lots file written objection to the cancellation with the Court, the granting of an order of cancellation is at the discretion of the Court. (E) In the case of utility easement or right-of-way cancellation, letters from utility providers either stating that the release of the easements and/or rights of way will not create a limitation on area service or outlining the areas to be retained for easements. (F) Certification of public notice at least 21 days prior to the court hearing. (e) Revision of Plat (1) This Section (e) applies to real property located outside of the corporate limits of a municipality. Properties within a municipality’s ETJ shall also follow the individual municipality’s established rules for replatting without vacating or amending subdivision plats. (2) A person who has subdivided land that is subject to the subdivision controls of the County may apply in writing to the Commissioners Court for permission to revise the subdivision plat filed for record with the County Clerk. (3) After the application is filed with the Commissioners Court, the Court shall publish a notice of the application in a newspaper of general circulation in the County. The notice must include a statement of the time and place at which the Court will meet to consider the application and to hear protests to the revision of the plat. The notice must be published at least three times during the period that begins on the 30th day and ends on the 7th day before the date of the meeting. If all or part of the subdivided tract has been sold to nondeveloper owners, the Court shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owner's address. (4) The following documentation must be submitted to TNR for review prior to placing the request on the Commissioners Court's agenda: (A) Two copies of the plat proposed to be revised, with a delineation of any partial revisions. 26 (B) Current ownership information for the subdivision. (C) The agreement, if any, of any owners to be affected by the revision. (5) The Commissioners Court shall adopt an order to permit the revision of the subdivision plat, if it is shown to the Court that: (A) The revision will not interfere with the established rights of any owner of a part of the subdivided land; or (B) Each owner whose rights may be interfered with has agreed to the revision. (6) If the Commissioners Court permits a person to revise a subdivision plat, the person may make the revision by filing for record with the County Clerk a revised plat or part of a plat that indicates the changes made to the original plat. (f) Use of Other Standards. Except as expressly provided either in paragraph (4) below or elsewhere in this Code, the Executive Manager of TNR may allow the use of other standards which differ from these Standards, but which protect the public interest and comply with sound engineering principles and practices (“Other Standards”), except as they relate to Construction Security, Permits, and non-engineering issues. If the Executive Manager refuses to grant a request to use Other Standards, the Owner may appeal such a decision to the Commissioners Court. (1) Administrative Process. An applicant desiring to use Other Standards, which are under the purview of the Executive Manager, shall submit a written request identifying the specific section and/or subsection of the Standard(s) from which the use of Other Standards is requested and justification for the request. (A) The applicant shall be notified in writing within fifteen (15) working days of the receipt of the request, if the use of Other Standards is granted. (B) If the use of Other Standards is denied, the applicant may appeal the decision in writing to the Commissioners Court within fifteen (15) days of notification of the denial. The request for Commissioners Court hearing must be delivered to the Executive Manager. The Executive Manager will then submit an agenda request to the Commissioners Court for the Court’s consideration in accordance with the Commissioners Court's Rules of Procedure. The County Attorney's office will be notified of the request. (2) Nonadministrative Process. Except as expressly provided either in paragraph (4) below or elsewhere in this Code, a request for the use of Other Standards which differ from the Construction Security, Permit, and non-engineering requirements of these Standards, will require approval by the Commissioners Court. Applications for the 27 use of such Other Standards should be made to the Executive Manager, who will submit the necessary agenda request. (3) An application for a request to use Other Standards should be submitted at the same time an application is filed. Such a request may be submitted after filing an application for a Preliminary Plan or Final Plat. An application for a request to use Other Standards shall be processed according to the procedures established by these Standards. (4) In the City of Austin’s EJT: (A) the City of Austin shall have sole authority to grant variances and waivers from this chapter: (i) regarding design of water, wastewater, and electric utility infrastucture, unless the City of Austin is not the utility provider, in which case the entity that is the utility provider shall have sole authority to grant variances and waivers; (ii) regarding environmental and stormwater quality controls and airport zoning; (iii) in City of Austin near term annexation areas, regarding transportation facilities and floodplain management and stormwater conveyance. (g) Appeals. An appeal of a determination by the Executive Manager under these Standards will be to the Commissioners Court on the basis of a written application to the Executive Manager specifying the basis of the appeal. 28
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