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2.1.3-4 General Provisions for Subdivisions
Special provisions for enforcement.
A. Provisions.
1. Plat filing requirement.
(i) A Final Plat will not be filed of record until it has been approved by the City, Fiscal Security is provided, and all street and drainage Public Facilities have been accepted by the City.
(ii) If the City approves a Final Plat prior to acceptance of Public Facilities, the Plat must bear a note stating that the Subdivider will establish easements according to plans accepted by the applicable water and wastewater provider(s).
(iii) Subitem (i) above regarding Public Facilities does not apply to a Short Form Final Plat, Minor Plat or Amending Plat.
(iv) No Plat may be recorded without endorsement by the City. Any such actual recording is void unless the appropriate City Official's signature appears on the Plat as hereinafter provided.
(v) The Plat must provide for easements dedicated to a utility provider other than the City and make reference to the recording instrument reference number on the face of the plat.
(1) Any plat that is recorded without easements dedicated to a utility provider other than the City must include the following note on the Plat: "The applicable utility may refuse to accept improvements for ownership and maintenance until an easement of adequate dimensions is recorded in the deed records of Travis County, and the recordation number appears on this plat."
2. Final plat required for building permits.
he City will not issue a Building Permit for any structure on a lot in a Subdivision for which a Final Plat has not been approved and recorded, nor for any structure on a lot within a Subdivision not in full compliance with the standards contained or referenced herein.
3. Compliance with standards required.
(i) The City will not, nor will it authorize any person to, provide regular maintenance, install, provide or authorize any streets or public utility services to a Subdivision for which the standards contained herein or referred to herein have not been complied with in full and reserves the right to refuse acceptance of any streets or public utility services to a Subdivision until they comply fully with this UDC.
(ii) See Public Facilities Required, below.
4. Dedications.
(i) The City's denial of a Plat is a refusal by the City to accept the offered Dedication shown on the Plat.
(ii) Until the City has accepted an offer of dedication by Plat filing, transfer of warranty deed, or Letter of Acceptance, as applicable, the City is not obligated to maintain or improve areas that are offered for dedication. A letter of acceptance shall be required when a final plat is recorded prior to inspection and acceptance of adequate public facilities.
(iii) If the applicant files an approved Final Plat with Fiscal Security before or during construction of Public Facilities, the City may defer accepting land dedicated by Final Plat until the City Engineer issues a Letter of Acceptance of Public Facilities.
(iv) Any such Dedication, before or after actual acceptance, may be vacated by the Council in any manner provided by law.
5. Services prohibited. The City will not authorize a utility to begin to supply, nor will the City itself sell or supply any utility service, such as water, gas, electricity, telephone, cable, communication or wastewater service within a Subdivision unless a Final Plat has been approved and recorded in compliance with the standards contained herein.
6. Action in a court. The City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction on behalf of the City to enforce the provisions of this UDC or the standards referred to herein with respect to any violation that occurs within any area subject to all or a part of the provisions of this UDC.
Public facilities required.
A. Subdivider's responsibility.
1. The Subdivider is responsible for furnishing, installing, and constructing the Public Facilities (including, but not limited to, water and wastewater systems, streets, sidewalks, drainage facilities, and water quality ponds) necessary for the proper development of the Subdivision according to the minimum standards of this UDC (see § 2.5.2: Rough proportionality and fair share policy statement).
2. All required Public Facilities must be designed and constructed in accordance with the City's adopted Technical Manuals, and any other standards, specifications, and drawings the City may adopt. If the City does not have jurisdiction over a facility, the Subdivider must design the facility according to the specifications of the provider.
B. Facilities sizing.
1. Where considered necessary by the City Engineer, Public Facilities dedicated to the City must be sized in excess of the minimum required in the UDC or adopted Technical Manuals to accommodate future growth and expansion. The City will not be responsible for determining sizing requirements for other facilities not dedicated to the City (see § 2.5.2: Rough proportionality and fair share policy statement.).
2. The City Council has the authority to participate in the cost difference between the cost of a Public Facility, as sized by the City Engineer, and the cost of the minimum size of the facility required in the UDC or adopted Technical Manual.
3. See § 2.5.2: Rough proportionality and fair share policy statement. for more details regarding determination of minimum infrastructure and cost proportionality.
C. Improvement agreement.
1. An Improvement Agreement is required when the City participates in the cost of any Public Facilities.
2. An Improvement Agreement will be based upon the requirements of this UDC, and provide the City with specific authority to complete the Public Facilities required in the Improvement Agreement in the event the Subdivider fails to complete the improvements, and to recover from the Subdivider the full costs of completion.
3. Once executed, the Improvement Agreement is a legally binding agreement between the City and the Subdivider and specifies the individual and joint responsibilities of the City and the Subdivider.
4. Requirements.
(i) Provisions for pro rata payments, City participation in Public Facilities, escrow deposits or other payments for future facilities, variances granted to this chapter, and other particular aspects of the proposed Subdivision, as appropriate;
(ii) Authority for the City to withhold building permits and put a hold on construction and inspections in the event of breach by the Subdivider;
(iii) Provisions for fiscal security;
(iv) Insurance requirements in accordance with the City's requirements for Public Facilities or other projects within City right-of-way; and
(v) An indemnification clause by which the Subdivider agrees to hold the City harmless against any claim arising out of the proposed Subdivision or any actions taken therein.
5. The City Council may approve one or more forms for Improvement Agreement, which the City Manager may execute on behalf of the City. In the event of a disagreement between the City staff and the Subdivider concerning stipulations of the Improvement Agreement, the Subdivider may request City Council approval of alternative provisions.