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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



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   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



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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;



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       (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.



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       (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.




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       (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.




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       (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.




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       (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




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   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.




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