(A)

Except as provided in Subsection (C), in the zoning jurisdiction, a subdivision must comply with all requirements of this title.

(B)

Except as provided in Subsection (C), in the extraterritorial jurisdiction, a subdivision must comply with the requirements of:

(1)

Chapter 25-1, (General Requirements and Procedures);

(2)

Chapter 25-6, Article 2 (Reservation and Dedication of Right-of-Way), Article 4 (Street Design), and Article 5, Division 5 (Sidewalks);

(3)

Chapter 25-7 (Drainage);

(4)

Chapter 25-8, Subchapter A (Water Quality) and Subchapter B, Article 1 (Tree and Natural Area Protection);

(5)

Chapter 25-9, Article 1 (Utility Service); and

(6)

the portions of the Development Criteria Manuals that relate to the City Code provisions described in this subsection.

(C)

In the portion of the city's extraterritorial jurisdiction that is within Travis County, a subdivision must comply with Title 30 (Austin/Travis County Subdivision Regulations).

Source: Section 13-2-402; Ord. 990225-70; Ord. 031211-11; Ord. 031211-42.

(A)

The director may except a parcel of land from the requirement to plat if the director determines that the parcel existed in its current configuration before becoming subject to the City's jurisdiction over subdivision of land.

(B)

The director may except a parcel of land from the requirement to plat if the director determines that the parcel:

(1)

contains a health or safety hazard associated with a private sewage facility or private water well or other conditions that adversely affect public health, safety or welfare;

(2)

existed in its current configuration on August 8, 1992;

(3)

was served by a private sewage facility or private water well on August 8, 1992;

(4)

is located on an existing street; and

(5)

complies with the requirements of this title for roadway frontage.

(C)

The director may except a parcel of land from the requirement to plat if the director determines that the parcel:

(1)

is five acres or less:

(2)

existed in its current configuration on August 31, 1987;

(3)

was receiving utility service that was authorized under the rules of the utility provider on August 31, 1987;

(4)

is located on an existing street; and

(5)

complies with the requirements of this title for roadway frontage.

(D)

In the full-purpose limits of the city, the director may except a parcel of land from the requirement to plat if the director determines that the parcel:

(1)

is five acres or less;

(2)

existed in its current configuration on January 1, 1995;

(3)

was receiving utility service that was authorized under the rules of the utility provider on January 1, 1995;

(4)

is located on an existing street; and

(5)

either complies with the requirements of this title for roadway frontage or was granted a variance from the minimum lot width requirement of Section 25-2-492 (Site Development Regulations) by the Board of Adjustment.

(E)

An applicant shall demonstrate to the director that a parcel is excepted under this section from the requirement to plat. An applicant shall provide the director with the current deed to the property, an adequate legal description, and proof of ownership.

(F)

If the director excepts a parcel from the requirement to plat, the director shall certify the parcel's exception.

(G)

An approval to extend or change utility service to a parcel is not a certification under this section or an approval of a plat.

Source: Section 13-2-402.1; Ord. 990225-70; Ord. 031120-41; Ord. 031211-11; Ord. No. 20200903-027, Pt. 1, 9-14-20.

(A)

The director may temporarily exempt a parcel of land from the requirement to plat if the director determines that the sole use of the parcel is as a community garden. An applicant shall provide the director with the information and documentation necessary to establish the exemption.

(B)

If the sole use of an exempted parcel changes from a community garden, an exemption under this section expires.

(C)

A parcel temporarily exempted under this section must be platted before it may be used for a purpose other than as a community garden.

Source: Section 13-2-402.2; Ord. 990225-70; Ord. 031211-11; Ord. 20110210-018.

The municipal authority for review of a preliminary plan, plat, and subdivision construction plan is the director.

Source: Ord. No. 20190822-117, Pt. 18, 9-1-19; Ord. No. 20230831-141, Pt. 17, 9-11-23.

The Planning Commission and the Zoning and Platting Commission may each adopt rules of procedure. Adopted rules are effective when filed with the City Clerk.

Source: Section 13-2-403; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The requirements of this section are mandated by state law and supersede any contrary provisions of the City Code.

(B)

The director shall approve, approve with conditions, or disapprove with reasons an application for preliminary plan or plat not later than the 30th day after the application is filed unless the director has approved a written request from the applicant to extend the initial review period pursuant to Section 25-1-89 (Extension of Review Period).

(C)

A condition for approval or reason for disapproval must be in writing and may not be arbitrary. The condition or reason must:

(1)

be directly related to requirements adopted under Texas Local Government Code Chapter 212 Subchapter A (Regulation of Subdivisions); and

(2)

include a citation to the law, including a statute or municipal ordinance, that is the basis for the condition for approval or reason for disapproval.

(D)

If the director fails to comply with Subsection (B), the application for preliminary plan or plat is approved by operation of law, unless the deadline for action has been extended pursuant to Section 25-1-89 (Extension of Review Period).

Source: Section 13-1-484(e); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pt. 19, 9-1-19; Ord. No. 20230831-141, Pt. 18, 9-11-23.

If the director disapproves the preliminary plan or plat, the applicant can appeal the director's decision to the Land Use Commission or city council.

Source: Ord. No. 20230831-141, Pt. 19, 9-11-23.

Editor's note— Ord. No. 20230831-141, Pt. 20, effective September 11, 2024, repealed the former § 25-4-33, and enacted a new § 25-4-33 as set out herein. The former § 25-4-33 pertained to administrative approval of certain subdivision applications and derived from Ord. No. 20190822-117, Pt. 21, 9-1-19.

(A)

An original tract is a tract that:

(1)

is a legal lot or tract; or

(2)

was a legal lot or tract before being subdivided in violation of ordinance requirements.

(B)

An applicant shall include all land in the original tract in an application for preliminary plan or plat approval.

(C)

The director may waive the requirement of Subsection (B) if the director determines that:

(1)

subdividing only a portion of the original tract will not substantially impair the orderly planning of roads, utilities, drainage, and other public facilities;

(2)

the portion of the original tract contiguous to the area to be subdivided has direct access to a public street, or the applicant has provided access to a public street by dedicating right-of-way at least 50 feet wide;

(3)

a reasonable use of the balance of the original tract is possible; and

(4)

the applicant has mailed, by certified mail, to all owners of land that is a portion of the original tract and contiguous to the land included in the application a request that each owner provide written confirmation to the director that:

(a)

the owner's land is not a legal lot or tract; and

(b)

the owner must plat the land before the City may approve a development permit or a utility company may provide initial or additional service.

(D)

In making a determination under Subsection (D)(3) that a reasonable use of the balance of the original tract is possible, the director may require that the applicant provide a schematic land plan of the balance of the original tract. The director may not require that the applicant provide detailed engineering information.

(E)

An applicant who satisfies the requirement of Subsection (C)(2) by dedicating right-of-way to provide access to a public street is not required to construct improvements within the right-of-way.

Source: Sections 13-1-481(c) and 13-1-481.1; Ord. 990225-70; Ord. 000309-39; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pts. 20, 22, 9-1-19; Ord. No. 20230831-141, Pt. 20, 9-11-23.

(A)

The director shall determine whether board or commission review of a request associated with an application for preliminary plan or plat approval is required under this section. The director shall schedule an associated request for board or commission review on the earliest available date.

(B)

The following board or commission must review an associated request before the director or Land Use Commission may consider the application or the associated request:

(1)

the Urban Transportation Commission and the Environmental Commission shall review a request for an amendment to the Transportation Plan;

(2)

the Water and Wastewater Commission and, if requested by the city council, the Environmental Commission shall review a request for an amendment to the city's water or wastewater service area boundary; and

(3)

the Water and Wastewater Commission shall review a request for City cost participation in construction of water or wastewater facilities.

Source: Section 13-1-484; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pts. 20, 23, 9-1-19; Ord. No. 20230831-141, Pt. 21, 9-11-23.

(A)

If an application for a preliminary plan, plat requires a variance from a subdivision requirement, an applicant is required to obtain approval for the variance before associated application for a preliminary plan, plat or subdivision construction plan can be approved by the director.

(B)

The requirement of Section 25-1-214 (Public Hearing and Notice) that the Land Use Commission hold a public hearing not later than 45 days after the date an application for a variance is filed does not apply to an application for a variance from a subdivision requirement.

Source: Sections 13-1-481(f) and 13-1-484(c); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pts. 20, 24, 9-1-19; Ord. No. 20230831-141, Pt. 22, 9-11-23.

(A)

The Land Use Commission shall grant a variance from a requirement of Article 3 if the Land Use Commission determines that enforcement of the requirement will make subdivision of a tract of land impractical and deny the owner all reasonable use of the land.

(B)

For a mass housing project, a planned unit development, or similar neighborhood unit, the Land Use Commission may grant a variance from a requirement of Article 3 (Platting Requirements) if the Land Use Commission determines that planned development will provide light and air, vehicular and pedestrian circulation, and recreational facilities that are at least equal to the requirements of this title. An applicant must provide the Land Use Commission with a written report documenting compliance with this subsection.

Source: Section 13-2-407; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pt. 20, 9-1-19.

(A)

Before the director may approve a plat, the subdivider shall:

(1)

construct the streets, utilities, and drainage facilities in compliance with the requirements of this title; or

(2)

provide fiscal security under Section 25-1-112 (Fiscal Security) for subdivision improvements that serve the public interest.

(B)

Fiscal security provided under this section may be used by the City to construct the subdivision improvements that serve the public interest.

Source: Section 13-2-406; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pt. 20, 9-1-19; Ord. No. 20230831-141, Pt. 23, 9-11-23.

(A)

Approval of a plat is not an acceptance by the City of an offered dedication. Disapproval or denial of a plat is a refusal by the City to accept an offered dedication shown on a plat.

(B)

The City may accept an offered dedication only by the action of an authorized official.

(C)

The director and the director of the Public Works Department may accept for the City an offered dedication of a street by jointly issuing a certificate of acceptance.

(D)

A street may not be accepted unless it is surfaced, curbed, and guttered with the required utilities and drainage facilities installed. The City's entry, use, or improvement under a fiscal security agreement is not an acceptance of an offered dedication.

(E)

Except as provided in a fiscal security agreement, an officer or employee of the City may not enter, use, or improve a street unless the street has been accepted by the City.

Source: Section 13-2-404; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. No. 20190822-117, Pt. 20, 9-1-19.

(A)

The requirements of this section are mandated by state law and supersede any contrary provisions of the City Code.

(B)

In this section, applicant response means the information provided by the applicant to the director to address the conditions of approval or reasons for disapproval of an application for preliminary plan or plat.

(C)

An applicant response:

(1)

must adequately address each condition of approval or reason for the disapproval;

(2)

must include only changes only as necessary to address the condition of approval or reason for disapproval; and

(3)

may not include substantial changes unrelated to the condition of approval or reason for disapproval.

(D)

Upon receipt of an applicant response to a preliminary plan or plat application that requires Land Use Commission consideration, the director shall:

(1)

determine if the applicant response meets the requirements in Subsection (C), and

(2)

schedule the application for consideration by the Land Use Commission not later than the 15th day after the applicant response was submitted.

(E)

Upon receipt of an applicant response to a preliminary plan or plat the director shall:

(1)

determine if the applicant response meets the requirements in Subsection (C), and

(2)

approve, approve with conditions, or disapprove with reasons, the preliminary plan or plat not later than 15 days after the applicant response was submitted.

(F)

If the applicant response as submitted complies with the provisions of Subsection (C), and the director fails to comply with the time limits for action in this section, the application for preliminary plan or plat is approved by operation of law.

Source: Ord. No. 20190822-117, Pt. 25, 9-1-19; Ord. No. 20230831-141, Pt. 24, 9-11-23.

Editor's note— Ord. No. 20190822-117, Pt. 25, effective September 1, 2019, set out provisions intended for use as § 25-4-39. For purposes of clarity, and at the editor's discretion, these provisions have been included as § 25-4-40.

(A)

A preliminary plan must be approved before a plat may be approved, except as provided in Subsection (B).

(B)

A plat may be approved without a preliminary plan if each lot abuts an existing dedicated public street and the director determines that:

(1)

a new street or an extension of a street is not necessary to provide adequate traffic circulation;

(2)

the applicant has dedicated additional right of way necessary to provide adequate street width for an existing street abutting a lot; and

(3)

drainage facilities are not necessary to prevent flooding, or if necessary, the applicant has arranged for the construction of drainage facilities.

Source: Section 13-1-480; Ord. 990225-70; Ord. 031211-11.

(A)

If a preliminary plan is part of an applicant's plan for a larger development, the applicant shall file a master development plan with the director when the first application for preliminary plan approval is filed.

(B)

A master development plan may be in schematic form, must include the applicant's entire development, and must provide for the safe, healthful, and orderly extension of roads, utilities, drainage, and other public facilities.

Source: Section 13-1-481(d); Ord. 990225-70; Ord. 031211-11.

Editor's note— Ord. No. 20190822-117, Pt. 26, effective September 1, 2019, repealed § 25-4-53, which pertained to concurrent applications and derived from Sections 13-1-481(h) and 13-1-486; Ord. 990225-70; Ord. 031211-11.

(A)

Approval of a preliminary plan supersedes a previously approved preliminary plan for the same land.

(B)

An applicant may not include land from a previously approved preliminary plan in a subsequent application for approval of a preliminary plan unless all the land, except land contained in an approved plat, is included in the application.

(C)

The director may waive the requirement of Subsection (B) if the director determines that including only a portion of the previously approved preliminary plan does not substantially impair the orderly planning of roads, utilities, drainage, or other public facilities.

(D)

An interested party may appeal the director's decision under Subsection (C) to the Land Use Commission.

Source: Section 13-1-481(b); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

The director shall give notice under Section 25-1-133(A) (Notice of Applications and Administrative Decisions) of the acceptance of an application for preliminary plan that requires a land use commission variance.

(B)

The director shall give additional notice if required by state law.

Source: Section 13-1-482; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, § 27, 9-1-19.

(A)

The director shall promptly deliver a copy of an application for preliminary plan approval to each reviewing department or agency after the application has been filed.

(B)

A reviewing department or agency shall prepare and deliver to the director a written report of comments and recommendations regarding an application for preliminary plan approval before the expiration of the staff review period described in this section.

(C)

Staff review period for an application for preliminary plan approval is established by the director by administrative rule under Section 25-1-83 (Preliminary Plan or Plat Application Requirements and Expiration).

(D)

An applicant may file with the director an update to an application for preliminary plan approval before expiration of the application.

(E)

The staff review period of an update to an application for preliminary plan approval is established by the director by administrative rule.

Source: Section 13-1-483; Ord. 990225-70; Ord. 031211-11; Ord. No. 20160421-039, Pt. 6, 5-2-16; Ord. No. 20190822-117, § 28, 9-1-19; Ord. No. 20230831-141, Pt. 25, 9-11-23.

The director is authorized and shall approve an application for preliminary plan approval that complies with the Comprehensive Plan and the requirements of this title.

Source: Sections 13-1-484(d), 13-1-485, 13-1-486, and 13-1-487(a); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, § 29, 9-1-19; Ord. No. 20230831-141, Pt. 26, 9-11-23.

Editor's note— Ord. No. 20190822-117, § 30, effective September 1, 2019, repealed § 25-4-58, which pertained to council action on preliminary plan and derived from Sections 13-1-485, 13-1-486, and 13-1-487(a); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

Approval of a preliminary plan establishes a mutual commitment on behalf of the City and the applicant to:

(1)

the subdivision layout for plat approval, including the location and width of proposed streets, lots, blocks, and easements shown on the preliminary plan; and

(2)

the availability of utilities to serve the subdivided land to the extent shown on the preliminary plan.

Source: Section 13-1-487(b); Ord. 990225-70; Ord. 031211-11.

Editor's note— Ord. No. 20190822-117, § 31, effective September 1, 2019, repealed § 25-4-60, which pertained to denial of preliminary plan and derived from Section 13-1-483(d); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

(A)

An applicant can request a change to an approved preliminary plan if:

(1)

the land affected by the change has not received final plat approval; and

(2)

all the owners of the land affected by the change are included in the request.

(B)

The director may approve a minor deviation from an approved preliminary plan if the director determines that the minor deviation complies with the requirements of this subsection. An applicant shall identify the proposed minor deviation on a copy of the preliminary plan submitted to the director. A formal application is not required.

(1)

A minor deviation may not:

(a)

remove a property restriction or subdivision note;

(b)

modify a waiver or variance;

(c)

change an easement, except with the director's approval;

(d)

increase impervious cover;

(e)

modify a conservation easement, common area, green space, or other open space shown on the preliminary plan;

(f)

affect property outside the proposed plat;

(g)

increase the number of lots;

(h)

change the use of a lot; or

(i)

change the basic street layout.

(2)

A minor deviation may:

(a)

change lot size or configuration;

(b)

change street width or alignment; or

(c)

change a utility or access easement.

(C)

If the requested change does not qualify as a minor deviation, the applicant may submit a separate application to the director requesting the change. The director may approve the change if the director determines that the requested change complies with the requirements of this title.

Source: Section 13-1-488; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20230831-141, Pt. 27, 9-11-23; Ord. No. 20240718-102, Pt. 2, 7-29-24.

An approved preliminary plan expires five years after the date the application for approval of the preliminary plan is submitted.

Source: Section 13-1-489; Ord. 990225-70; Ord. 990805-46; Ord. 031211-11; Ord. No. 20140612-084, Pt. 7, 6-23-14.

An application for approval of a plat may include all or a portion of the land included in an approved preliminary plan.

Source: Section 13-1-481(e); Ord. 990225-70; Ord. 031211-11.

(A)

The director shall promptly deliver a copy of an application for plat approval to each reviewing department or agency after the application has been filed.

(B)

After the application is filed, a reviewing department or agency shall prepare and deliver to the director a written report of comments and recommendations regarding an application for plat approval not later than the deadline established by the director under Section 25-1-83 (Preliminary Plan and Plat Application Requirements and Expiration).

(C)

After the application is filed, the director shall determine whether an application for plat approval complies with the criteria for approval.

(D)

An applicant may file with the director an update to an application for plat approval before the application expires under the expiration period established under Section 25-1-83(B) (Preliminary Plan and Plat Application Requirements and Expiration).

(E)

After an update is filed, the director shall determine whether an update to an application for plat approval complies with the criteria for approval.

Source: Section 13-1-490; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20160421-039, Pt. 7, 5-2-16; Ord. No. 20190822-117, Pt. 32, 9-1-19; Ord. No. 20230831-141, Pt. 28, 9-11-23.

The applicant must include the following note on the proposed plat: The owner of this subdivision and the owner's successors and assigns are responsible for construction of subdivision improvements that comply with City of Austin regulations. The owner understands that plat vacation or replatting may be required, at the owner's expense, if plans to construct this subdivision do not comply with the regulations. Approval of this subdivision does not guarantee future approval of variances to the City of Austin regulations that may be required at later stages of development.

Source: Section 13-1-491; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20190822-117, Pt. 33, 9-1-19; Ord. No. 20230831-141, Pt. 29, 9-11-23.

(A)

The director is authorized to approve a plat.

(B)

The director shall approve a plat that complies with the Comprehensive Plan and the requirements of this title.

(C)

Approval of a plat is conditioned on the applicant's posting the fiscal security required by this title in the amount determined by the director. After the director certifies on the plat that the applicant has posted the fiscal security:

(1)

the presiding officer of the Land Use Commission shall endorse the plat to certify the Land Use Commission's approval;

(2)

the Mayor shall endorse the plat to certify the council's approval; or

(3)

the director shall endorse the plat to certify the director's approval.

(D)

Approval of a plat expires on the 90th day after the approval date if the director has not certified that the applicant has posted fiscal security.

Source: Sections 13-1-491(a) and 13-1-492; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20230831-141, Pt. 30, 9-11-23.

(A)

The director shall record an approved plat in each county where land included in the plat is located.

(B)

The director may not record a plat located in the extraterritorial jurisdiction unless the appropriate county has approved the plat.

(C)

An applicant must provide all of the items and fees required to record the plat with the County Clerk within 80 business days from the date of plat approval.

(D)

An application for plat approval expires on the 81 ^st business day after such approval unless Subsection (C) of this section is satisfied.

Source: Section 13-1-493; Ord. 990225-70; Ord. 031211-11; Ord. No. 20160421-039, Pt. 8, 5-2-16.

When an approved preliminary plan expires, a pending application for plat approval expires.

Source: Ord. 990805-46; Ord. 031211-11.

An application to vacate a plat expires after one year.

Source: Ord. No. 20160421-039, Pt. 9, 5-2-16.

(A)

The director shall give notice under Section 25-1-133 (A) (Notice of Applications and Administrative Decisions) of the acceptance of an application for a plat that requires a Land Use Commission approved variance.

(B)

The director shall give notice under Section 25-1-132(B) (Notice of Public Hearing) of a public hearing at the Land Use Commission on an application for the replat of a subdivision that requires a Land Use Commission approved variance.

(C)

The director shall give notice after a replat has been approved administratively by providing written notice by mail not later than the 15 ^th day following the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots replatted according to the most recent municipal or county tax roll. Notice under this subsection must include:

(1)

the zoning designation of the property after the replat; and

(2)

a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.

(D)

The director shall give additional notice if required by state law.

Source: Ord. No. 20190822-117, Pt. 34, 9-1-19.

The director shall approve a subdivision construction plan that complies with the Comprehensive Plan and the requirements of this title.

Source: Ord. No. 20230831-141, Pt. 32, 9-11-23.

An applicant may file an update to a subdivision construction plan application until the underlying application has expired under Section 25-1-84 (Subdivision Construction Plan Application Requirements and Expiration).

Source: Ord. No. 20160421-039, Pt. 10, 5-2-16; Ord. No. 20190822-117, Pt. 35, 9-1-19; Ord. No. 20230831-141, Pts. 31, 33, 9-11-23.

(A)

The director may release a subdivision construction plan if:

(1)

the director approves the subdivision construction plan; and

(2)

the applicant posts the required fiscal security with the director.

(B)

The director's release of a subdivision construction plan authorizes the applicant to begin development in accordance with the plan.

Source: Section 13-1-494; Ord. 990225-70; Ord. 031211-11; Ord. No. 20230831-141, Pts. 31, 34, 9-11-23.

(A)

A subdivision construction plan expires three years after the date of its approval unless:

(1)

the Land Use Commission sets a later expiration date when it approves the plat;

(2)

before the plan expires, site work is commenced and diligently pursued to completion; or

(3)

the director extends the expiration date under Subsection (B).

(B)

An applicant may request that the director extend the expiration date of a subdivision construction plan by filing a written request and justification with the director before the expiration date.

(1)

The director may extend the expiration date of the plan once for a period of one year if the director determines:

(a)

there is good cause for the extension;

(b)

there has not been a significant change in development conditions affecting the plan; and

(c)

the plan continues to comply with the criteria for its approval and release.

(2)

An interested party may appeal the director's decision under this subsection to the Land Use Commission.

(3)

The director shall give notice under Section 25-1-132(A) (Notice of Public Hearing) of the Land Use Commission's consideration of an appeal.

(4)

The Land Use Commission shall conduct a public hearing on an appeal before taking action.

(5)

An interested party may appeal the Land Use Commission's decision under this subsection to the council.

Source: Section 13-1-495; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20230831-141, Pt. 31, 9-11-23.

(A)

Construction management for a subdivision is governed by Chapter 25-1, Article 8 (Construction Management).

(B)

Issuance of a certificate of compliance for a subdivision is governed by Chapter 25-1, Article 9 (Certificates of Compliance and Occupancy).

Source: Chapter 13-1, Article XI.; Ord. 990225-70; Ord. 031211-11; Ord. No. 20230831-141, Pt. 31, 9-11-23.

A surveyor shall mark each boundary corner, intermediate property corner, curve point, and angle point of a subdivision with a permanent marker identified in the most recent edition of the Manual of Practice for Land Surveying in Texas, published by the Texas Society of Professional Surveyors. One boundary corner shall be marked with a concrete monument, unless a concrete monument exists on an adjacent platted subdivision within 1,300 feet of the proposed plat. Permanent markers along boundary lines may be spaced not more than 1,300 feet apart.

Source: Section 13-2-420; Ord. 990225-70; Ord. 031211-11.

(A)

Easements for public utilities and drainage ways shall be retained in all subdivisions in the widths and locations determined necessary by the director. All easements shall be dedicated to public use for the named purpose and shall be aligned to minimize construction and future maintenance costs.

(B)

Off-street loading and unloading facilities shall be provided on all commercial and industrial lots, except in the area described in Subsection (C). The subdivider shall note this requirement on a preliminary plan and a plat.

(C)

An alley at least 20 feet wide is required to serve a commercial or industrial lot in the area bounded by Town Lake, IH-35, Martin Luther King, Jr. Boulevard, and Lamar Boulevard. If the director of Transportation and Public Works Department determines that the proposed alley adequately meets the requirements of traffic circulation, utility service, topography, and the Comprehensive plan, the director may waive this requirement.

Source: Section 13-2-421; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20230831-141, Pt. 35, 9-11-23.

If the director determines that easements in areas adjoining a proposed subdivision are necessary to provide adequate drainage or utility service, the subdivider shall obtain the easements or make arrangements with the City to obtain them.

Source: Section 13-2-422; Ord. 990225-70; Ord. 031211-11.

(A)

In this section:

(1)

HAZARDOUS PIPELINE means a pipeline designed for the transmission of a "hazardous liquid", as defined by Title 49, Code of Federal Regulations, Section 195.2, that has an inside diameter of eight inches or more.

(2)

RESTRICTED PIPELINE AREA includes an area within 25 feet of a hazardous pipeline and an area within a hazardous pipeline easement.

(B)

A subdivider shall determine whether a hazardous pipeline crosses a proposed subdivision.

(C)

A subdivider shall depict on the plat a restricted pipeline area, if any.

(D)

A residential lot that is less than one acre in size may not include a restricted pipeline area.

(E)

In calculating minimum lot area under this chapter, a restricted pipeline area is excluded.

(F)

A person may not place a structure or excavate within a restricted pipeline area.

(1)

This prohibition does not apply to:

(a)

the pipeline or an appurtenance;

(b)

a facility that produces, consumes, processes, or stores the product transported by the pipeline, including a power generation facility;

(c)

a utility line that crosses the restricted pipeline area, including an appurtenance to the line;

(d)

a utility service connection;

(e)

a road;

(f)

surface parking lot; or

(g)

a structure or excavation that the director determines does not disturb the pipeline or impede its operation.

(2)

Before a person may place a road, surface parking lot, or utility line in a restricted pipeline area, the person must deliver to the director a certification by a registered engineer stating that the proposed construction activity and structure are designed to prevent disturbing the pipeline or impeding its operation.

(G)

A person who seeks to convey a lot containing a restricted pipeline area shall, before title is transferred, deliver to the proposed grantee a document describing the restricted pipeline area, the limitations on its development, and the name and address of the pipeline owner or operator.

(H)

For a plat that includes a restricted pipeline area, a plat note restating Subsection (G) is required.

Source: Ord. 030410-12; Ord. 031211-11.

Streets of a new subdivision shall be aligned with and connect to existing streets on adjoining property unless the director of the Transportation and Public Works Department determines that the Comprehensive Plan, topography, requirements of traffic circulation, or other considerations make it desirable to depart from the alignment or connection.

Source: Section 13-2-423; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20080214-095; Ord. No. 20230831-141, Pt. 36, 9-11-23.

(A)

A street may terminate in a cul-de-sac if the director of the Transportation and Public Works Department determines that the most desirable plan requires laying out a dead-end street.

(B)

The director of the Transportation and Public Works Department may approve a dead-end street more than 2,000 feet long.

(C)

The director of the Transportation and Public Works Department may approve a deviation from the cul-de-sac design described in the Transportation Criteria Manual if the director determines that topography, density, adequate traffic circulation, or unusual conditions necessitate a different design.

Source: Section 13-2-429; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20230831-141, Pt. 37, 9-11-23.

(A)

A block may not exceed 1,200 feet in length, except as provided in this section.

(B)

A residential block that is parallel and adjacent to an arterial street may be up to 1,500 feet in length.

(C)

A residential block that is more than 900 feet in length must be transected by a pedestrian path that is located not less than 300 feet from each block end. The pedestrian path must be not less than five feet wide, comply with City standards for a sidewalk or trail, and be located within an easement or right-of-way, as determined by the director, that is not less than 15 feet wide. The director may waive or modify this requirement if the director determines that the pedestrian path cannot comply with the Americans with Disabilities Act.

(D)

A commercial or industrial block may be up to 2,000 feet in length if the director determines that there is adequate traffic circulation and utility service.

(E)

The director may waive a block length restriction if the director determines that the proposed block length adequately meets the requirements of traffic circulation, utility service, topography, and the Comprehensive Plan.

(F)

An applicant may appeal the director's denial of a waiver under this section to the Land Use Commission.

Source: Section 13-2-430; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20080214-095.

A street or street intersection, whether public or private, shall be designed and constructed in accordance with the Transportation Criteria Manual.

Source: Sections 13-2-428, 13-2-488(a), and 13-2-488(b); Ord. 990225-70; Ord. 031211-11.

New streets in subdivisions shall be named to provide continuity of name with existing streets and to prevent conflict with identical or similarly spelled or pronounced names in other parts of the planning jurisdiction.

Source: Section 13-2-427; Ord. 990225-70; Ord. 031211-11.

(A)

The location of a street sign is determined by the most recent version of the Texas Manual On Uniform Control Devices.

(B)

The subdivider shall provide the City with street name signs for street intersections with traffic signals.

(C)

The subdivider shall provide and install pole mounted street name signs at street intersections without traffic signals.

Source: Section 13-2-488(c); Ord. 990225-70; Ord. 031211-11.

(A)

In this section:

(1)

ACCESS STREET means a street that provides access to a subdivision by connecting to an external street.

(2)

ADDITIONAL PEDESTRIAN ACCESS means a pedestrian path that meets City standards for a sidewalk or trail, is established to connect a new street in a subdivision to an existing street on adjoining property, and is at least 300 feet from an access street.

(3)

EXTERNAL STREET means a street that is outside the boundaries of a subdivision, and that is:

(a)

a publicly maintained street;

(b)

a street that is offered for dedication and for which a construction performance bond is posted pending acceptance of the dedication; or

(c)

a private street that complies with the requirements of this Code and each applicable criteria manual.

(B)

Except as otherwise provided in this section:

(1)

a new subdivision must have at least two access streets; and

(2)

each of the two access streets must connect to a different external street.

(C)

A new subdivision may have only one access street if the director determines that:

(1)

except as provided in Subsection (E), the subdivision has an additional pedestrian access;

(2)

the access street:

(a)

does not cross nor is adjacent to an area identified as high risk Wildland Urban Interface area, as determined by the Austin Fire Department in accordance with the Austin Fire Department Wildfire Risk Map;

(b)

is not inundated by more than nine inches of water by a 100-year flood, as determined in accordance with the Drainage Criteria Manual; and

(c)

has a paved width of at least 36 feet from the intersection of the access street with the external street for a distance of:

(i)

100 feet; or

(ii)

50 feet if the access street has curb and gutter; and

(3)

the access street:

(a)

is not more than 2,000 feet in length, and provides access to not more than 30 single-family residential dwellings; or

(b)

is an arterial or collector street, and its intersection with the external street will function at a level of service of "C" or better during construction and after build-out of the subdivision, as determined by an intersection analysis that is:

(i)

approved by the director; and

(ii)

if the subdivision generates more than 1,000 vehicle trips a day, prepared by a registered professional engineer in accordance with the Transportation Criteria Manual, or Transportation Research Board Special Report 209, "Highway Capacity Manual", published in 1994.

(D)

A new subdivision may have only one access street if the director determines that:

(1)

except as provided in Subsection (E), the subdivision has an additional pedestrian access; and

(2)

providing more than one access street is undesirable, unnecessary, or impractical after considering:

(a)

traffic circulation;

(b)

traffic safety;

(c)

flood and fire safety;

(d)

topography;

(e)

the density of the subdivision and surrounding developed property;

(f)

whether later development of adjacent property is anticipated to provide additional access;

(g)

whether traffic through the subdivision should be limited;

(h)

the environmental effect of a cut or fill, waterway crossing, or other surface disturbance necessary to provide more than one access street;

(i)

whether the access street is a divided street;

(k)

whether adverse effects, if any from permitting one access street are mitigated, including whether secondary pedestrian access is provided; and

(l)

whether the subdivider:

(i)

owns adjacent property through which access can be provided;

(ii)

has the right to provide a second access street across another person's property; or

(iii)

is able to develop the subdivision if more than one access street is required.

(E)

The director may waive or modify the requirement of Subsection (C) or (D) for additional pedestrian access if the director determines that providing additional pedestrian access is impractical because of existing development or topography.

Source: Ord. 030306-48A; Ord. 031211-11; Ord. 20080214-095; Ord. No. 20230413-057, Pt. 3, 4-24-23.

(A)

Each lot in a subdivision shall abut a dedicated public street.

(B)

Chapter 25-6, Article 6 (Access to Major Roadways And In Certain Watersheds) governs access to a lot:

(1)

on a roadway designated as a major arterial, freeway, parkway, or expressway in the transportation plan or in a roadway plan approved by the appropriate county; or

(2)

on a Hill Country Roadway.

Source: Section 13-2-424; Ord. 990225-70; Ord. 030306-48A; Ord. 031211-11.

A through lot in a single-family residential subdivision is permitted if access to one of the abutting streets is prohibited. If one of the streets abutting a through lot is an arterial, access to the arterial is prohibited unless the director determines that topography or property size justify access to the arterial.

Source: Section 13-2-431; Ord. 990225-70; Ord. 031211-11.

The side lines of lots must be approximately at right angles to straight street lines or radial to curved street lines. An arrangement placing adjacent lots at right angles to each other may be disallowed by the director.

Source: Section 13-2-432; Ord. 990225-70; Ord. 031211-11.

(A)

In the zoning jurisdiction, the site development regulations for the zoning district in which a lot is located determine minimum lot area and minimum lot width.

(B)

In the extraterritorial jurisdiction, residential lot requirements are as follows:

(1)

minimum lot area is:

(a)

in a subdivision served by a public wastewater system or central wastewater disposal unit:

(i)

5,750 square feet; or

(ii)

6,900 square feet for a corner lot; or

(b)

in a subdivision with private on-site sewage facilities, as determined by Texas Administrative Code Title 30, Chapter 285 (On-Site Sewage Facilities);

(2)

minimum lot width is:

(a)

50 feet for an interior lot;

(b)

60 feet for a corner lot; or

(c)

33 feet for a lot on a cul-de-sac or curved street; and

(3)

minimum lot frontage, including a flag lot, is:

(a)

20 feet; or

(b)

if a culvert is required for a driveway approach, 30 feet.

(C)

The director may reduce the minimum lot frontage prescribed by Subsection (B) if the director determines that access to the lot is restricted to a joint use driveway.

Source: Section 13-2-433; Ord. 990225-70; Ord. 030306-48A; Ord. 031211-11.

The applicant shall demonstrate that all proposed duplex or single-family lots have usable lot area that can reasonably accommodate the assumed square footage of impervious cover established by Section 25-8-64 (Impervious Cover Assumptions). The usable lot area must account for all applicable waterway setbacks, floodplains, steep slopes, grade limitations, critical environmental features, protected trees, on-site sewage facilities, and other relevant code provisions.

Source: Ord. No. 20230831-141, Pt. 39, 9-11-23.

(A)

In this section, SINGLE-FAMILY RESIDENTIAL means:

(1)

single-family attached residential use;

(2)

single-family residential use; and

(3)

small lot single-family residential use.

(B)

A flag lot may only be approved in accordance with the requirements of this subsection.

(1)

Except as provided in Subdivision (2), flag lot designs are permitted if the director determines that the subdivision conforms to the Fire Code, utility design criteria, Plumbing Code and requirements for access.

(2)

In single-family, duplex, two-unit, or three-unit residential subdivisions on previously unplatted land,

(a)

residential flag lot designs may be used where no more than two dwelling units utilize a shared driveway; and

(b)

residential flag lot designs with more than two units sharing a driveway may be used if the lots conform to the Fire Code, utility design criteria, Plumbing Code, and requirements for access.

(C)

Minimum Width of a Flag Lot.

(1)

Except as provided in Subdivision (2), the minimum width of a flag lot is:

(a)

20 feet; or

(b)

15 feet if:

(i)

two or more contiguous lots share a common driveway and sufficient area is available outside the drive on each lot for utility installation;

(ii)

the applicant can demonstrate access through an alternative route; or

(iii)

a driveway is not proposed.

(2)

The minimum width of a flag lot with at least one but no more than three dwelling units is:

(a)

10 feet when:

(i)

sufficient area is available for utility installation;

(ii)

a driveway is not proposed; or

(b)

five feet when:

(i)

two or more contiguous lots share a common driveway or walkway and sufficient area is available for utility installation; or

(ii)

the applicant can demonstrate access through an alternative route.

(D)

For residential subdivisions utilizing a flag lot design, all driveways within the subdivision must be located and designed in a manner that:

(1)

provides adequate space for required utilities;

(2)

complies with the Utilities Criteria Manual;

(3)

complies with the Drainage Criteria Manual;

(4)

complies with the Fire Code;

(5)

complies with the Plumbing Code; and

(6)

complies with applicable tree preservation requirements detailed in the Environmental Criteria Manual.

(E)

All addresses for residential lots utilizing a flag lot design must be displayed at their closest point of access to a public street for emergency responders.

Source: 20120524-139; Ord. No. 20190822-117, Pt. 36, 9-1-19; Ord. No. 20230831-141, Pt. 38, 9-11-23; Ord. No. 20240516-006, Pt. 8, 5-27-24.

(A)

A subdivision within 100 feet of a public water system must be connected to the public water system. The director may waive this requirement.

(B)

If a subdivision is to be served by a public water system:

(1)

approval of the water system plans by the director of the Water and Wastewater Utility is required;

(2)

installation of the water system must comply with the requirements of this title and the Utilities Criteria Manual; and

(3)

water lines to serve each lot must be installed before a lot may be occupied.

Source: Section 13-2-476; Ord. 990225-70; Ord. 031211-11.

(A)

A subdivision within 100 feet of a public wastewater system must be connected to the public wastewater system. In the extraterritorial jurisdiction, the director may waive this requirement. In the zoning jurisdiction, this requirement may be waived under Section 25-9-4 (Connection to Organized Wastewater System Required).

(B)

If a subdivision is to be served by a public wastewater system or community disposal system, wastewater lines to serve each lot must be installed before a lot may be occupied.

Source: Section 13-2-475; Ord. 990225-70; Ord. 031211-11.

If natural gas from a public utility is available within 2,000 feet of a subdivision, the subdivider shall:

(1)

prepare plans for installation of natural gas lines to serve each lot and install the portions of the lines that are under a street or alley; or

(2)

place a note on the plat stating that natural gas lines have not been installed.

Source: Section 13-2-477; Ord. 990225-70; Ord. 031211-11.

A subdivider shall arrange with the appropriate utility departments and utility companies for the construction of water, wastewater, and gas utility lines unless the city manager approves the installation of utility lines by another entity.

Source: Section 13-2-478; Ord. 990225-70; Ord. 031211-11.

(A)

To have municipal water or wastewater service extended to land within the extraterritorial jurisdiction, a landowner shall file with the director of the Water and Wastewater Utility a written request for:

(1)

extension of service; and

(2)

if the land is not covered by the utility's certificate of convenience and necessity, annexation by the City.

(B)

The City may record an owner's request in the county deed records.

Source: Section 13-2-485; Ord. 990225-70; Ord. 031211-11; Ord. 20050929-077.

(A)

This section applies to a subdivision that is to receive retail water or wastewater service from an entity other than the City's Water and Wastewater Utility.

(B)

A plat may not be approved unless the subdivider has complied with the requirements of this subsection.

(1)

The subdivider shall provide the director with a copy of a contract between the subdivider and the utility service provider that provides for installing utility lines and furnishing adequate utility service.

(2)

Water or wastewater system plans must comply with the requirements of this title and the Utilities Criteria Manual.

(3)

Approval of water or wastewater system plans by the director of the Water and Wastewater Utility and the Texas Natural Resource Commission is required.

(C)

Approval of the construction of water or wastewater facilities by the director of the Water and Wastewater Utility is required. A City inspector may inspect the facilities during construction. The director of the Water and Wastewater Utility may require that the subdivider pay an inspection fee.

Source: Section 13-2-480; Ord. 990225-70; Ord. 030731-54; Ord. 031211-11.

(A)

A plat may not be approved unless the subdivider has complied with the requirements of this section, if applicable.

(B)

If a subdivision is not to be served by a water utility, the subdivider shall provide the director with evidence that water suitable for human consumption may be obtained from surface or subsurface sources on the land. The evidence may include the results of tests and borings, and statements from local and state health authorities, water engineers, and other competent authorities. If the subdivider proposes a private water supply for the subdivision, the plans and specification shall be prepared by a registered professional engineer and approved by the director of the Water and Wastewater Utility and the Texas Natural Resource Conservation Commission.

(C)

If a subdivision is not to be served by a sanitary sewer utility and the use of private on-site sewage facilities has not been approved by the local health authority, the subdivider shall construct a community sewage collection and treatment system that serves each lot. The system must be designed and located in accordance with the regulations of the Texas Natural Resource Conservation Commission and the local health authority. Approval by the director of the Water and Wastewater Utility of the plans for the system is required.

Source: Section 13-2-481; Ord. 990225-70; Ord. 031211-11.

A subdivision that is to be served by private on-site sewage facilities must comply with Chapter 15-5 (Private Sewage Facilities) of the City Code. The local health authority shall review a preliminary plan or plat and report its findings to the Watershed Protection and Development Review Department.

Source: Section 13-2-482; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

A plat may not be approved unless the subdivider has complied with the requirements of this section, if applicable.

(B)

This section applies to the residential portion of a subdivision in the service area of the City's Electric Utility Department if the subdivision is located:

(1)

at least partially inside the City limits; or

(2)

outside the City limits, and the subdivider has requested annexation.

(C)

A subdivider shall pay street lighting charges to the Electric Utility Department. The director may waive this requirement if the director determines that street lighting is not necessary, the requirement imposes an unreasonable hardship on the applicant, or obtaining payment for street lighting is impractical.

(D)

The City shall use a payment collected under this section to install street lights in the residential areas of the subdivision for which it was collected.

(E)

The City shall refund a payment collected under this section to the subdivider if the City does not install street lights within two years after the date the subdivider makes the payment.

(F)

This section does not require the City to install street lights in a subdivision that has not been annexed.

Source: Section 13-2-479; Ord. 990225-70; Ord. 031211-11.

(A)

If a subdivision requires connection to Austin Energy's electric system:

(1)

the applicant must obtain approval of the electric system plans from Austin Energy; and

(2)

the applicant must demonstrate that the installation of the electric system will comply with the requirements of this title and all electric system design, safety, and reliability requirements found in:

(a)

Chapter 15-9 (Utility Service Regulations) of the City Code;

(b)

Austin Energy's Design Criteria Manual adopted as part of the Utilities Criteria Manual;

(c)

The National Electrical Safety Code (NESC); and

(d)

The National Electrical Code (NEC).

(B)

If any part of a subdivision is within 200 feet of an existing component of Austin Energy's electric system, the applicant must comply with the following requirements:

(1)

the applicant must obtain approval from Austin Energy; and

(2)

the applicant must demonstrate that the subdivision will comply with the electrical system design, safety and reliability requirements found in Austin Energy's Design Criteria Manual adopted as part of the Utilities Criteria Manual.

Source: Ord. No. 20190822-117, Pt. 37, 9-1-19.

The platting requirement for parkland dedication is governed by Chapter 25-1, Article 14 (Parkland Dedication).

Source: Section 13-2-455 and Section 13-2-450(a); Ord. 990225-70; Ord. 031211-11; Ord. 20070621-027.

(A)

In approving a subdivision or site plan that is required to dedicate parkland under Section 25-1-602 (Parkland Dedication Required), the director may require a notation on the plat or site plan indicating that land has been dedicated or a fee in-lieu paid as required by this article.

(B)

If an application for a preliminary plan or final plat is submitted for a non-residential development that is exempt from this article under Section 25-1-601 (Applicability), the director may require a plat notation stating that any subsequent residential development within the subdivision is required to dedicate parkland or make payment in-lieu of dedication as required by Chapter 25-1, Article 14 (Parkland Dedication) or other applicable ordinance.

(C)

If a plat note prohibiting residential uses was required by the City of Austin in order to document an exemption from parkland dedication for a non-residential subdivision on or after July 25, 1985, the applicant may amend the plat in order to conform the notation with the plat note authorized under Subsection (A) or (B) of this section.

Source: Ord. No. 20140807-169, Pt. 4, 8-18-14.

(A)

This section applies to a subdivision with townhouse lots.

(B)

Common areas must be identified on the plat. An applicant shall provide for maintenance of and payment of taxes on common areas.

(C)

An applicant shall submit to the director a legal opinion that describes the rights and duties of the owners, the legal status of common areas and facilities, and the provisions for taxation and maintenance of the common areas.

(D)

In the extraterritorial jurisdiction, an applicant shall submit to the director a site plan showing the locations and dimensions of buildings, accessory uses, and other improvements.

Source: Section 13-2-434; Ord. 990225-70; Ord. 031211-11.

(A)

This section applies to a subdivision with small lots that are zoned single family residence small lot (SF-4A) district or less restrictive.

(B)

A small lot subdivision may not be approved unless service is available to each lot in the subdivision from public water and centralized sewer systems.

(C)

A small lot subdivision must comply with the following requirements:

(1)

Minimum lot area is:

(a)

3,600 square feet, except for a corner lot; and

(b)

4,500 square feet for a corner lot.

(2)

Minimum lot width is:

(a)

40 feet for an interior lot, or 35 feet if access to the lot is provided by a joint access driveway at the front of the lot or by a paved alley or paved private access easement at the rear of the lot;

(b)

50 feet for a corner lot, or 45 feet if access to the lot is provided by a joint access driveway at the front of the lot or by a paved alley or paved private access easement at the rear of the lot; and

(c)

40 feet for a lot on a cul-de-sac or curved street, except it may be 33 feet at the front lot line.

(3)

Minimum front yard setback is 15 feet.

(4)

Minimum street side yard setback is ten feet.

(5)

A lot may have one zero lot line.

(6)

The combined side yard setbacks of a lot may be not less than seven feet.

(7)

Except for a patio or patio cover, the minimum distance between structures on adjoining lots is seven feet. The minimum distance between a patio or patio cover and the roof line of a structure on an adjoining lot is six feet.

(8)

The wall of a structure built adjacent to a zero lot line or within three feet of a common side lot line must be solid and opaque and may not contain an opening.

(9)

Minimum rear yard setback is five feet, excluding drainage easements.

(10)

Minimum setback is ten feet between a rear access easement and a building or fence.

(11)

Maximum building coverage is 55 percent.

(12)

Maximum impervious cover is 65 percent.

(13)

Maximum building height is 35 feet.

(14)

A lot may have not more than one dwelling unit.

(15)

A maintenance easement is required in the dominant side yard of a lot.

(16)

A use easement is required in the subordinate side yard of a lot.

(17)

A lot that is less than 50 feet wide and that fronts on a collector street must have a paved alley or paved private access easement along the rear property line.

(18)

Minimum pavement width of a private access easement is 25 feet. In the extraterritorial jurisdiction, the minimum pavement width is 25 feet or the width required by the county, whichever is greater.

(19)

A lot may not front on an arterial street.

(20)

Underground utility service to all lots is required.

(21)

Maintenance of a common area or access easement is the responsibility of the adjoining property owner or the homeowners' association, in accordance with the required Declaration of Covenants, Easements, and Restrictions.

(D)

The director may not record a plat of a small lot subdivision unless a Declaration of Covenants, Easements, and Restrictions or similar document has been approved by the city attorney, recorded, and referenced on the plat. The document must contain the following:

(1)

a statement that the subdivision is developed under this section and incorporating the requirements of this section by reference;

(2)

a description of the requirements of Subsections (C)(1) through (14) and an imposition of those requirements as a restriction running with the land; and

(3)

a restriction of the use of the property to:

(a)

one-family dwellings except mobile homes;

(b)

accessory uses permitted in an SF-3 district;

(c)

parks, playgrounds, open space, and common areas providing recreational amenities to the subdivision; and

(d)

growing agricultural crops;

(4)

provisions for the maintenance easements and use easements required by this section; and

(5)

provisions obligating the adjoining property owner or the homeowners' association to maintain common areas and access easements.

Source: Section 13-2-435; Ord. 990225-70; Ord. 000511-109; Ord. 030731-53; Ord. 031211-11; Ord. No. 20231102-028, Pt. 35, 11-13-23; Ord. No. 20240516-006, Pt. 9, 5-27-24.

(A)

This section applies to a subdivision with single-family attached residential lots.

(B)

A subdivision with single-family attached residential lots is permitted on:

(1)

unplatted land;

(2)

a platted duplex lot that is vacant; or

(3)

a platted lot developed with a duplex on or before March 1, 1987, if the duplex complies with current regulations.

(C)

Single-family attached residential lots may be created only in multiples of two lots per site, and each lot must be served by public water and sewage systems.

(D)

A lot may be subject to, or benefitted by, private utility easements.

(E)

A lot must comply with the following requirements:

(1)

Minimum site area is 7,000 square feet.

(2)

Minimum lot area is 3,000 square feet.

(3)

Minimum lot width is:

(a)

25 feet, except for a lot on a cul-de-sac or curved street; and

(b)

20 feet on a cul-de-sac or curved street.

(4)

A lot may have not more than one dwelling unit.

(5)

Maximum height is 35 feet.

(6)

Minimum front yard setback is 25 feet.

(7)

Minimum street side yard setback is 15 feet.

(8)

Minimum interior side yard setback is five feet, except between attached units.

(9)

Minimum rear yard setback is 10 feet.

(10)

Maximum building coverage is 40 percent.

(11)

Maximum impervious coverage is 45 percent.

(F)

A plat of a single family attached subdivision may not be recorded unless a Declaration of Covenants, Easements, and Restrictions or similar document has been approved by the city attorney, recorded, and referenced on the plat. The document must:

(1)

require that development and use of the lots comply with this title;

(2)

require that construction of a dwelling unit comply with Chapter 25-12, Article 1 (Uniform Building Code), Article 4 (Electrical Code), Article 5 (Uniform Mechanical Code), Article 6 (Uniform Plumbing Code), and Article 7 (Uniform Fire Code).

(G)

This subsection applies to the sale of a single-family attached residential lot.

(1)

A seller shall deliver to the purchaser:

(a)

a copy of the document described in Subsection (F); and

(b)

a notice stating that the property will be conveyed under the terms of the document, and that the purchaser is advised to consult an attorney concerning the purchaser's rights and obligations under the document.

(2)

A purchaser may terminate the sale contract without penalty:

(a)

within five days of the purchaser's receipt of the document and notice under Subsection (G)(1); or

(b)

at any time before closing, if the seller does not deliver the document and notice.

Source: Section 13-2-436; Ord. 990225-70; Ord. 031211-11; Ord. No. 20231102-028, Pt. 36, 11-13-23.