Assist orderly, efficient and coordinated development within the city's jurisdiction.

Provide neighborhood conservation and prevent the development of slums and blight.

Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts.

Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owner or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community.

Provide the best possible design for each tract being subdivided.

Provide the most attractive relationship between the land as developed and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the proposed development, and to provide for the proper location and width of streets and building lines.

Prevent pollution of the air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard both surface and ground water supplies; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.

Preserve the natural beauty and topography of the municipality and ensure appropriate development with regard to these natural features.

As appropriate, reconcile any differences of interest among the developer, other property owners and the city.

Establish adequate and accurate records of land subdivision.

Ensure that public or private facilities are available and will have a sufficient capacity to serve proposed subdivisions and developments within the city's jurisdiction.

Standardize the procedure and requirements for developing property and submitting plans for review and approval.

Protect and provide for the public health, safety and general welfare of the community.

Provide a healthy environment for the present and future citizens; an environment designed to reasonably secure safety from fire, flood and other dangers; and to provide that land be subdivided in a manner to attain such goals and benefits for the community.

Protect the character and the social and economic stability of all parts of the community and encourage the orderly and beneficial development of all parts of the community.

Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land.

Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities.

Encourage the development of a stable, prospering economic environment.

The division of land into two (2) or more tracts, lots, sites, parcels, or building sites, any part of which shall contain less than five (5) acres in area when subdivided;

The division of land into two (2) or more tracts, lots, sites or parcels, any part of which when subdivided shall contain five (5) acres or more in area and will require the dedication or conveyance of any access, public right-of-way, easement, or any public improvement;

Land previously subdivided or platted into tracts, lots, sites or parcels, which subdivision was subject to, but not in accordance with, city or county ordinances in effect at the time of such subdividing or platting;

The combining of two (2) or more contiguous tracts, lots, sites or parcels for the purpose of creating one (1) or more legal lots in order to achieve a more developable site, except as otherwise provided herein;

Any development for which one (1) or more lots, tracts, or parcels are designed, established or created for occupancy, use or a building site, or for which a building permit, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements is required by the city;

Prior to issuance of a building permit, a tract of land shall be designated as a legal lot;

The platting of any existing legal deed-divided unplatted lot, parcel, site or tract;

The voluntary platting and recording of a plat dividing any land within the jurisdiction of the city into lots, parcels, sites or tracts or combining one or more tracts into a single tract; or

Any plat having received approval from the commission or the council for which said approval has expired.

The dedication of any street or alley through any tract of land, regardless of the area involved.

Sales of land by metes and bounds in tracts of five (5) acres or more in area and not requiring the construction of public improvements required by this Code, nor the dedication of any easements, land or roadways for use of any purchaser or member of the public, except as otherwise specifically provided in this Development Code;

Cemeteries complying with all state and local laws and regulations;

Divisions of land created by order of a court of competent jurisdiction.

Any subdivision or platting of land for which a concept plan, preliminary plan or final plat has been filed with the city on or before the effective date of this ordinance, excluding any such plan or plat for which approval has expired or hereafter expires; or

All improvements, as required by this ordinance, have been constructed and accepted by the City of Jonestown; or

Assurances for the completion of improvements have been provided in accordance with this Code.

A minor subdivision plat does not require a Platting Plan.

Minor plats may be administratively approved by the Director.

Pre-application meeting with city staff and review of the Platting Plan;

Submission of plat application;

Review of the application for administrative completeness;

Review of the application for technical completeness;

Platting application considered by Planning and Zoning Commission and then City Council;

Construction Permit Application approved by City Engineer prior to approval of Final Plat or other plat which includes construction of public improvements; Notwithstanding any term, provision or condition of this ordinance, save and except for a replat, the failure by the city to strictly comply with the issuance of any notice required to be made or provided by mail and/or by publication shall not:

Pre-Application Conference (Section 5.2.2);

Platting Plan (Section 5.2.3);

Preliminary Plat (Section 5.2.4);

Construction Plans (Section 5.2.5); and

Final Plat Application (Section 5.2.6).

No required plat or subdivision plan may be submitted for filing simultaneously with another required plat or subdivision plan, except under the alternative procedure provided in Article 7. No required plat or subdivision plan may be approved unless a required prior plat or subdivision plan has been approved or conditionally approved. Approval is required before the City will accept an application for the next stage of the sequence.

Unless otherwise indicated in the action taken on an application, conditional approval means that conditions shall be satisfied prior to the approval of a subsequent plat or subdivision plan. Disapproval of an application means that the applicant may not proceed to the next stage of subdivision approval until the grounds for disapproval have been satisfied.

This 30-day process applies to each step in the Platting Process except for the Pre-Application Meeting.

Notwithstanding these terms, the parties may extend the 30-day period for an additional period of time, not to exceed 30 days, if the applicant requests the extension in writing to the City and the City agrees to the extension request.

If a platting application is not approved with conditions or disapproved within these time frames, the application shall be deemed approved.

The City shall provide the applicant with a written statement of the conditions of any conditional approval or the reasons for disapproval.

Each condition or reason specified in the written statement must be directly related to the requirements set out in state law, federal law, or the City's Code of Ordinances and include a citation to the section(s) of such laws or plans that is the basis for the conditional approval or disapproval and may not be arbitrary.

Applicant's response. After the conditional approval or disapproval of a plat or subdivision plan under Subsection C.4, above, the applicant may submit to the Commission or the responsible official, as the case may be, on an official submittal date, a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval. The Commission or responsible official shall disapprove any response that does not address all of the conditions or reasons for disapproval. When the Director or City Engineer determine that a condition may be satisfied at the next stage of subdivision approval, the applicant need not submit a response before application is made for the next plat or subdivision plan in the sequence of approvals.

Reply to applicant's response. The Commission or the responsible official, as the case may be, that receives an applicant's response in accordance with Subsection D.1, above, shall determine whether to approve or disapprove the plat or subdivision plan not later than the 15th day after the date the response was submitted. The Commission or the responsible official, as the case may be, shall approve the plat or subdivision plan if the response adequately addresses each condition of the conditional approval or each reason for the disapproval. If the Commission or responsible official disapproves the plat or subdivision plan, the Director shall then provide the applicant with a written statement that clearly articulates each reason for disapproval in the manner provided in Subsection D.4, above. Following timely disapproval of the plat or subdivision plan, a new application for the plat or subdivision plan will need to be filed. If the response meets the criteria in Subsection D.1, above, and the Commission or responsible official, as the case may be, fails to act upon the response as required by this subsection, the plat or subdivision plan shall be deemed approved.

Delegation and appeal. The Director is authorized, and hereby designated as a municipal authority, to take action on and prepare a reply to an applicant's response to conditional approval or disapproval of a plat or an adequate facilities plan in the event the Commission is unable to meet within the 15-day period required by Subsection D.2, above. The City Engineer is authorized to take action on and prepare a reply to an applicant's response to conditional approval or disapproval of construction plans. An applicant may appeal the decision of the Director or the City Engineer to the Commission. An applicant may also elect to have the Commission take action on and make the reply by agreeing in writing to have the response considered at the next scheduled Commission meeting.

Any request for relief provided for in this Code, including an application for any waivers from the standards or procedures;

Any appeal provided for in these regulations, including an appeal from a vested rights determination;

Any action by the City Council on the City Engineer's rough proportionality determination, including an appeal taken by an applicant;

Any actions taken to modify an approved final plat;

Inspections of improvements;

Any actions taken after plat recordation, other than a replat or amending plat;

Any request to extend plat or subdivision plan approval beyond an expiration date; or

Any matter requiring authorization prior to submittal of a plat or subdivision plan application identified in Subsection A.2, above.

A person may only submit a subdivision application, documents for removal of conditions imposed on a plat or subdivision plan application, or documents for satisfaction of grounds for denial of a subdivision, on an official submittal date.

The City shall establish and publish annually on its website a monthly schedule of official submittal dates, which is subject to change.

An applicant shall schedule a meeting with the Director on the official submittal date in order to review the proposed subdivision application.

A subdivision application shall not be accepted for filing on an official submittal date and shall be returned to the applicant in the following circumstances:

If a subdivision application has been returned to the applicant for incompleteness following an initial review, the application shall be accepted for filing on the next official submittal date that it is submitted by the applicant. If any of the items in Subsection B.4, above, have not been resolved, the application shall be placed on the Commission agenda for summary denial. No further materials in support of the application shall be filed after the application has been accepted for filing. An applicant may elect to withdraw an application prior to the Commission decision on the application.

The Director shall perform a completeness determination for the application within 5 days of the official submittal date.

In addition to any requirements stated in this Code, the Director, in consultation with the City Engineer, shall promulgate standards for a complete application for each plat or subdivision plan, such standards to be in conformance with this Code and published on the City's website.

The Director shall accept the application as complete or provide a list of deficiencies to the applicant that render the application incomplete.

The Director shall deny and return any subdivision application that remains incomplete after acceptance for filing.

If a plat or subdivision plan is approved, the Commission or the responsible official, as the case may be, shall endorse the approved plat or subdivision plan with a certificate indicating the approval. Where approved, the certificate shall be signed by the chair of the Commission. The City Engineer is responsible for approving all construction plans, technical notes, and/or the dedication of improvements and property interests.

If a plat or subdivision plan application is deemed approved pursuant to Subsections D.1 or E.2, above, the Commission or the responsible official, as the case may be, shall issue a certificate stating the date that the plat or plan application was filed and that the Commission or the responsible official failed to act on the application within the prescribed period.

Expiration date. Except as otherwise provided in this Code, unconditional approval of a plat or subdivision plan application or conditional approval where all conditions may be satisfied at a subsequent stage of subdivision approval, expire 2 years from the date of approval, unless the applicant submits and receives approval for a required subsequent application for approval. Unconditional approval of a preliminary plat expires 2 years from the date of approval, if a final plat has not been submitted to the City.

New application required. Following expiration of an approved plat or subdivision plan, a new subdivision application is required unless the date for expiration has been extended in accordance with this section.

Project expiration. Following expiration of an approved plat or subdivision plan, the project defined by a prior-approved subdivision application shall be deemed to have expired within 5 years from the date of the last prior approval, unless a new subdivision application is made and approved for the expired plat or subdivision plan within such period, or unless progress toward completion of the project has otherwise been made in accordance with Section 245.005, Texas Local Government Code, such as completion of one or more phases, utility installations, and/or recorded final plats.

Extension request. An applicant may submit a request to the Director, or in the case of construction plans, to the City Engineer, for an extension of a plat or subdivision plan expiration date for a period not to exceed 1 year, if the request is filed at least 30 days before the date of expiration. Every request for extension shall include a statement of the reasons why the expiration date should be extended. More than one extension request may be filed.

Criteria for approval of extension request. The Director shall take into account the reasons for the requested extension; the ability of the applicant to comply with any conditions attached to the original approval; whether extension is likely to result in timely completion of the project; whether the applicant has made a good faith effort to submit a complete application for the next required application, whether there are circumstances beyond the applicant's control, which have prevented submittal of an application for a subsequent stage of approval; and the extent to which newly adopted regulations should be applied to the original subdivision application.

Appeal to commission. Denial of an extension request by the responsible official may be appealed to the Commission within 10 days of notification of the denial. In deciding the appeal, the Commission shall apply the criteria in Subsection H.5, above.

Conditions. The responsible official, or the Commission on appeal, may attach conditions to approval of an extension request such as are needed to assure that the land will be developed in a timely fashion and that the public interest is served.

Before a person may submit an application for approval of a plat or subdivision plan approval to the City, an applicant shall meet with the Director to review the following matters:

The following authorizations are required prior to submittal of an initial subdivision application for approval, unless a major waiver is approved waiving the requirement:

A Platting Plan is recommended prior to submission of a plat application and prior to any pre-application meeting with the Planning Director and can be essential to successful completion of the platting process.

The Platting Plan shall include all adjacent and contiguous land, owned or controlled by the developer or the person, firm or corporation that is accurately depicted to the nearest foot.

Name, address and phone numbers of the developer, record owner, and authorized agents (engineer, surveyor, land planner, etc.).

Proposed name of the development; date revised and/or prepared; north indicator; scale.

A layout of the entire tract and its relationship to adjacent property, existing development and recorded plats, proposed utility connections, proposed streets, onsite stormwater management facilities, in-site proposed public improvement and any off site public improvements.

The owner's name, deed or plat reference and property lines of property within three hundred (300) feet of the development boundaries, as determined by current tax rolls.

Proposed major categories of land use by acreage showing compatibility of land use with, or proposed variances or waivers to platting requirements.

Proposed number of residential and nonresidential lots, tracts or parcels together with the estimated:

Proposed and existing arterial and collector streets to serve the general area.

Location of sites for parks, schools and other public uses, and all areas of common ownership.

Significant drainage features and structures including any regulatory 100-year floodplains.

Significant existing features on, or within 300 feet of, the property, such as railroads, roads, buildings, utilities and drainage structures.

Approximate boundaries and anticipated timing of proposed phases of development.

Identification of known exceptional topographical, cultural, historical, archaeological, hydrological and other physical conditions of the property to be developed, or existing within two hundred (200) feet of the property, which will require the establishment of reasonable design standards in excess of the established minimum standards or require a variance from those established minimum standards as defined in this ordinance.

Location of city limit lines and/or outer border of the city's extraterritorial jurisdiction, as depicted on the city's most recent base map, if either such line traverses the development or is contiguous to the development's boundary.

A proposed phasing plan for the development of future sections.

Estimate of impervious cover percentages within the development.

Accuracy of data. The applicant shall be responsible for verifying the accuracy of all data submitted, including that which might be obtained from the city, excepting that data which can only be obtained from the city.

Legible prints, as indicated on the application form, shall be submitted at least thirty (30) days prior to the regular meeting of the commission at which the preliminary plat is to be heard, along with the following:

For projects located within the city's extraterritorial jurisdiction, one (1) extra copy of the above-referenced items must be provided to the county for review and approval. The applicant shall be responsible for any additional information required by the county for preliminary plan approval.

City staff shall review all preliminary plat submittals for administrative and technical completeness at the time of application. If, in the judgment of city staff, the preliminary plat submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review.

Prior to the commission meeting at which the preliminary plat is presented, city staff shall review the plat for consistency with city ordinances, codes, policies and plans.

City staff shall prepare a report analyzing the preliminary plat submittal, as well as any comments received concerning the concept plan, and a list of any missing components or areas where the plat is not in compliance with City ordinances. The City Engineer shall also provide a review letter verifying compliance with City regulations. This report shall be available at least five (5) working days prior to the commission meeting.

If the developer chooses to withdraw the preliminary plat, in writing, by noon of the third working day preceding the meeting of the commission, the submittal may appear on the next commission agenda after repayment of the applicable fees.

Approval. The commission and council, after holding public hearings in accordance with these regulations, shall act on the request for preliminary plat approval.

The failure of the commission or the council to act within thirty (30) days of the respective filing dates of the preliminary plat shall be deemed an approval of the plat.

Zoning of the tract, if applicable, that shall permit the uses proposed by the preliminary plat, or any pending zoning amendment necessary to permit the proposed uses shall have been adopted by the council prior to approval of the preliminary plat.

Approval of the preliminary plat shall not constitute approval of the final plat, but shall constitute a vesting of the right to develop under city ordinances, codes and policies in effect on the date of the approval provided that neither the preliminary plat nor any subsequent plat or permit has been, or is, allowed to expire.

The developer should be aware that specific approvals from other agencies may be required.

The approval of the preliminary plat shall expire twelve (12) months after the filing date, unless:

If a preliminary plat expires, it may be reinstated only upon resubmittal of the unaltered, approved plat to the commission and council and the approval by both bodies. All fees shall be repaid as if the plat were initially being submitted.

Provide better records that facilitate the operation and maintenance of, and any future modifications to existing city infrastructure.

Provide data for evaluation of materials, methods of construction and design.

Provide documentation of approved public improvements to ensure that all such improvements are built to city standards and specifications.

No final plat shall be certified by the city, and no construction activities shall commence, until such time as construction plans completely describing the on-site and off-site improvements required by this ordinance and other applicable city ordinances and codes, have been approved by the city engineer.

Street lighting. The location, size, type and description of streetlights according to city standard details and specifications.

Street signs. The location, size, type and description of street signs according to city standard details and specifications.

Sidewalks, community paths, trails. The location, size and type of sidewalks and pedestrian ramps according to city standard details and specifications.

Improvements for parks and other public and common areas - as identified and/or approved on the preliminary plat.

The location, size and description of all protected and significant trees (to remain and to be removed), and replacement trees to meet the requirements of this ordinance.

Landscaping and screening. The location, size and description of all landscaping and screening materials as required by this ordinance.

Design criteria. Final design criteria, reports, calculations, and all other related computations, if not previously submitted with the preliminary plat.

Cost estimates. A cost estimate of each required improvement, prepared, signed and sealed by a professional engineer licensed to practice in the State of Texas.

Construction plans may be submitted for review and approval simultaneously with a final plat, provided however that the final plat shall not be approved until the construction plans have been approved. If the construction plans and the final plat are to be reviewed simultaneously, a complete application for construction plans and a complete application for final plat must be submitted to the city simultaneously.

City staff shall review all construction plan submittals for completeness at the time of application. If in the judgment of the city, the construction plan submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review.

The city engineer shall review the construction plans to insure compliance with this ordinance, and other applicable city ordinances, codes, standards and specifications, and good engineering practices.

For projects located within the city's extraterritorial jurisdiction, the construction plans and attendant documents shall be provided to the county for review and approval. The applicant shall be responsible for any additional information required by the county for construction plan approval.

If the construction plans are disapproved, the city engineer shall notify the applicant, in writing, of disapproval and indicate the requirements for bringing the construction plans into compliance.

If construction plans are approved, then the city engineer shall sign the cover sheet of the construction plans, returning one (1) signed copy to the applicant and retaining the other signed copy for city records.

The developer should be aware that specific approvals from other agencies may be required.

All improvements shown in the approved construction plans shall be constructed pursuant to and in compliance with the approved plans, except as otherwise specifically approved.

A final plat shall be required for all subdivisions of land except for minor plats.

The final plat shall conform to the approved construction plans and approved preliminary plat.

Support documents. The following supporting documents must accompany the final plat:

The applicant shall be responsible for verifying the accuracy of all data submitted.

A final plat may be submitted for review and approval simultaneously with construction plans, provided however that the final plat shall not be approved until the construction plans have been approved. If the final plat and construction plans are to be reviewed simultaneously, a complete application for final plat and a complete application for construction plans must be submitted to the city simultaneously.

Legible prints, as indicated on the application form, shall be submitted at least thirty (30) days prior to the regular meeting of the commission at which the final plat is to be heard, along with the following:

For projects located within the city's extraterritorial jurisdiction, one (1) extra copy of the above-referenced items must be provided to the county for review and approval. The applicant shall be responsible for any additional information required by the county for final plat approval.

City staff shall review all final plat submittals for completeness at the time of application. If, in the judgment of city staff, the final plat submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review.

Prior to the commission meeting at which the final plat is presented, city staff shall review the plat for consistency with city codes, policies and plans.

City staff shall prepare a report analyzing the final plat submittal, as well as any comments received concerning the preliminary plat. This report shall be available at least five (5) working days prior to the commission meeting.

If the developer chooses to withdraw the final plat, in writing, by noon of the third working day preceding the meeting of the commission, the submittal may appear on the next commission agenda after repayment of the applicable fees.

The failure of the commission or the council, respectively, to act within thirty (30) days of the final plat filing date shall be deemed an approval of the plat, except as otherwise agreed to by the developer.

For final plats submitted simultaneously with a construction plans, the failure of the commission to act within thirty (30) days of the later of the filing date or the construction plan approval date shall be deemed an approval of the final plat, except as otherwise agreed to by the developer.

The developer shall begin construction of the required public improvements or file a financial surety instrument for the improvements within six (6) months after final plat approval by the commission, or such approval of the final plat shall be void.

Unless the final plat is recorded in the official county records within twelve (12) months after approval by the commission, such approval of the final plat shall be void, except that the developer may apply in writing to allow extension of approval prior to the end of such twelve-month period, stating just cause therefor, and the commission may grant an extension not to exceed one (1) year.

Zoning of the tract, if applicable, that shall permit the proposed use, or any pending zoning amendment necessary to permit the proposed use shall, have been adopted by the council prior to approval of the final plat.

The developer should be aware that specific approvals from other agencies may be required.

Prior to the recordation of the final plat, three (3) original copies with notarized signatures from the owner and surveyors of the final plat shall be submitted to the city for signatures by the Mayor and Planning & Zoning Commission Chair, and:

City staff shall, upon determination that all provisions of this ordinance have been satisfied, and all the above conditions have been met, obtain signatures certifying final plat approval by the chairperson of the commission, and the mayor, as attested to by the city secretary.

Once the original final plat has been certified by the chairperson of the commission and the mayor, city staff shall notify the developer that the original final plat is ready for reproduction.

The developer, at his/her own expense, shall make two (2) photographic mylar copies of the original, signed final plat, and return the photographic mylar copies and the original final plat to the city engineer for recordation.

If the land area represented by the subdivision is located outside the corporate limits of the city on the date of its filing for recordation with the official county records, then it must be approved by the commissioners court of the county prior to recordation. It shall be the responsibility of the developer to be familiar with the process, procedures, and requirements necessary to secure county approval. Such approval shall be evidenced by the signature of the statement of certification by the county judge.

City staff shall, after the photographic mylar copies and the original final plat have been duly recorded in the official county records, return the original final plat to the developer within five (5) working days by notifying the developer that the original final plat is available for pickup at the office of the city engineer.

The city shall keep one (1) photographic mylar copy of the original approved final plat on file as public record as well as a digital copy of the approved final plat onto the My Government Online website in AutoCad format for the City Engineer.

To correct an error in any course or distance shown on the preceding plat; or

To add any course or distance that was omitted on the preceding plat; or

To correct an error in the description of the real property shown on the preceding plat; or

To indicate monuments set after death, disability, or retirement from practice of surveyor charged with responsibilities for setting monuments; or

To show the proper location or character of any monument which has been changed in location, character, or shown incorrectly on the preceding plat; or

To correct any other type of scrivener or clerical error or omission as previously approved by the commission and council; such errors and omissions may include, but are not limited to: lot numbers, acreage, street names, and identification of adjacent recorded plats; or

To correct an error in courses and distances of lot lines between two (2) adjacent lots where lot owners join in the application for an amended plat and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; or

To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; or

To relocate one (1) or more lot lines between one (1) or more adjacent lots where the owner or owners of all such lots join in the application for the amended plat, provided that such amendment does not attempt to remove recorded covenants or restrictions, or increase the number of lots.

The amended plat may be submitted without reapproval of a preliminary plat or construction plans. The amended plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the city for approval before recordation of the plat.

Legible prints, as indicated on the application form shall be submitted to the city along with the following:

Applicants for subdivisions or resubdivisions creating no more than four (4) new lots may follow the procedure set forth below provided that the subdivision meets all of the following criteria:

The commission may require the standard final plat procedures outlined in this ordinance, if the city determines that the plat is inconsistent with any element of the developer's master plan, or any established city ordinances, codes or policies.

Construction plans may not be required.

The city may permit omission of any informational requirements that are determined by the city to place an excessive burden on the applicant, including, but not limited to contours, centerlines of existing watercourses, etc.

A boundary survey establishing the limits of the parcel[;]

Any improvements, existing or proposed, which impact impervious cover;

All fees associated with the plat;

Existing zoning of the property if applicable;

Thoroughfares and all streets that are adjacent to the property;

The city shall require the following note on the final plat.

This subdivision is subject to all general notes and restrictions appearing on the plat of, Lot(s) _____, recorded at Cabinet _____, Slide _____ of the Plat Records of _____ County, Texas.

The short form final plat may be submitted without approval of a preliminary plat or construction plans. The plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the Director of Development Services for approval of the city engineer before submission to the planning and zoning commission and City Council and recordation of the plat.

Legible prints, as indicated on the application form shall be submitted at least thirty (30) days prior to the regular meeting of the commission along with the following:

For projects located within the city's extraterritorial jurisdiction, one (1) extra copy of the above-referenced items must be provided to the county for review and approval. The applicant shall be responsible for any additional information required by the county for short form final plat approval.

Upon meeting the requirements of this section, the city engineer shall approve the minor plat and the Director of Development Services or designee shall submit a copy of the proposed minor plat to the city engineer for his review. Upon meeting his approval, the city secretary shall have the planning and zoning commission chairman and the mayor sign the plat.

Any minor plat not meeting the requirements of this section shall be referred by the Director of Development Services or designee to the planning and zoning commission for consideration and recommendations. Should the planning and zoning commission find the proposed plat complies with this section, the planning and zoning commission shall recommend approval to the city engineer. The planning and zoning commission shall deny any plats found to not comply with the requirements of this section.

The Director of Development Services or designee and the city engineer shall not disapprove the plat and shall be required to refer any plat which the city engineer refuses to approve to the planning and zoning commission and City Council within the time period specified in section 212.009, Local Gov't Code.

The city can provide for the orderly and economical extension of public facilities and services.

All purchasers of property within the subdivision shall have a usable, buildable parcel of land.

All required improvements are constructed in accordance with the city standard details and specifications.

Upon approval of a final plat by the commission, and prior to it being signed by the chairperson of the commission and the mayor of the city, and before said final plat shall be allowed to be recorded in the plat records of the county, the applicant requesting final plat approval shall, within the time period for which the final plat has been conditionally approved by the city:

In all instances, the original copy of the final plat, without benefit of required signatures of city officials, shall be held in escrow by the city and shall not be released for any purpose until such time as the conditions of this section are complied with.

Upon the requirements of this section being satisfied, the final plat shall be considered fully approved, except as otherwise provided for in this ordinance, and the original copy of the final plat shall be signed by the appropriate city officials.

Once the original copy of the final plat has been signed by the Mayor and Planning & Zoning Commission, City staff shall notify the applicant to retrieve the plat for recordation in the Travis County Clerk's Office. The applicant will then return one copy of both the recorded plat and recorded tax certificate to the City Development Services office for City records.

Complete all improvements required by this ordinance in accordance with the approved construction plans and subject to the approval of the city engineer and acceptance by the city, except as otherwise provided for in this ordinance.

Construct all sidewalks as shown on the approved construction plans and according to the city standard details and specifications. Sidewalks must be constructed and approved for each lot prior to issuance of a certificate of occupancy.

Performance bond. The developer shall post a performance bond with the city, as set forth herein, in an amount equal to one hundred ten percent (110%) of the estimated construction costs for all remaining required improvements, using the standard city form.

Escrow account. The developer shall deposit cash, or other instrument readily convertible into cash at face value, either with the city, or in escrow with a bank or savings and loan institution. The use of any instrument other than cash shall be subject to the approval of the city. The amount of the deposit shall equal one hundred ten percent (110%) of the estimated construction costs for all remaining required improvements. In the case of any escrow account, the developer shall file with the city an agreement between the financial institution and the developer guaranteeing the following:

Letter of credit. The developer shall provide a letter of credit from a bank or other reputable institution or individual. This letter shall be submitted to the city and shall certify the following:

Cost estimates. A registered professional engineer licensed to practice in the State of Texas shall furnish estimates of the costs of all required improvements to the city engineer who shall review the estimates in order to determine the adequacy of the guarantee instrument for insuring the construction of the required facilities.

Surety acceptance. The bank, financial institution, insurer, person or entity providing any letter of credit, bond or holding any escrow account, pursuant to this ordinance, shall meet or exceed the minimum requirements established by city ordinance and shall be subject to approval by the city as provided in the ordinances of the city.

Sufficiency. Such surety shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution as set forth in this ordinance. All such surety instruments shall be both a payment and performance guarantee.

If the project is located in the extraterritorial jurisdiction of the city, and is subject to the bonding requirements of the county for the construction of roadways, then that amount of money shall be reduced from the amount required to be posted with the city, provided that the instrument is transferable from the county to the city upon annexation.

The commission may, upon application of the developer and upon proof of hardship, recommend to the council extension of the completion date set forth in such bond or other instrument for a maximum period of one (1) additional year. Such hardship may include delays imposed due to city projects. An application for extension shall be accompanied by an updated estimate of construction costs prepared by a registered professional engineer, licensed to practice in the State of Texas. A surety instrument for guaranteeing completion of remaining required improvements must be filed in an amount equal to one hundred ten percent (110%) of the updated estimate of construction costs as approved by the city engineer.

The council may at any time during the period of such surety instrument accept a substitution of principal sureties upon recommendation of the commission.

When all required improvements have been satisfactorily completed, the city engineer shall either:

The city engineer shall have ten (10) working days to complete this inspection upon notification by the developer.

The city engineer shall issue the report within ten (10) working days of the date of inspection.

The city shall not accept dedications of required improvements nor release or reduce a performance bond or other assurance, until such time as it determines that:

A surety instrument may be reduced with the approval of the city engineer, and the treasurer/director of finance, upon actual construction of required improvements by a ratio that the improvement bears to the total public improvements required for the subdivision, as determined by the city engineer.

Before the city shall reduce said surety instrument, the developer shall provide a new surety instrument in an amount equal to one hundred ten percent (110%) of the estimated cost of the remaining required improvements, and such new surety instrument shall comply with this ordinance.

The substitution of a new surety instrument shall in no way change or modify the terms and conditions of the performance surety instrument or the obligation of the developer as specified in the performance surety instrument.

In no event shall a surety instrument be reduced below ten percent (10%) of the principal amount of the original estimated total costs of improvements for which surety was given, prior to completion of all required improvements.

The city shall not release a surety instrument unless and until all the conditions of this ordinance have been met.

Before the release of any surety instrument guaranteeing the construction of required subdivision improvements or the signing of the final plat where subdivision improvements were made prior to the filing of the final plat for recordation, the developer shall furnish the city with a maintenance bond or other surety to assure the quality of materials and workmanship, and maintenance of all required improvements including the city's costs for collecting the guaranteed funds and administering the correction and/or replacement of covered improvements in the event the developer defaults.

The maintenance bond or other surety instrument shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution.

Said bond or other instrument shall be in an amount equal to ten percent (10%) of the cost of improvements verified by the city engineer and shall run for a period of one (1) calendar year measured from the date of release of the performance surety instrument, or signing and recording of the final plat whichever is later.

In an instance where a maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the city may declare said bond or surety instrument to be in default and require that the improvements be repaired or replaced.

Whenever a defect or failure of any required improvement occurs within the period of coverage, the city shall require that a new maintenance bond or surety instrument be posted for a period of one (1) full calendar year sufficient to cover the corrected defect or failure.

The neighborhood, is intended as an area principally for residential use. Space for recreational facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood. The size of lots and blocks should be designed to provide for adequate water and wastewater service, traffic circulation, light, air, open space, landscaping and off-street parking. The arrangement of lots and blocks and the street system should be designed to make the most advantageous use of topography and natural physical features. Tree masses and large individual trees should be preserved to the greatest extent possible. The system of sidewalks and roadways and the lot layout should be designed to take advantage of the visual qualities of the area.

The components of the street system should in different degrees serve the separate purposes of access to property and safe, efficient movement of traffic. Land use types should be served by roadways whose capacity increases in proportion to the traffic generation of the land use. Design and location of points of access to property should be appropriate to the volume and speed characteristics of traffic utilizing the intersection.

An open space system throughout the urban area should provide a range of active and passive recreation opportunities. Park, open space, trails, and recreation facilities should be located with sensitivity to user population, natural features, traffic generation, and nearby land use.

Land use arrangement and design should minimize the difference in intensity between adjacent uses in order to provide for the provision of water, wastewater and roadways sufficient to serve the proposed densities and provide for compatible neighboring developments. Step-down patterns of use surrounding major activity centers, combined with buffering techniques, should ensure that residential densities are compatible with each other, and that residential development is not adversely impacted by higher intensity uses.

Public utilities and infrastructure should be provided within all subdivisions in order to ensure the health, safety and well-being of the public. Utility capacity should be sufficient to meet accepted standards of service to reasonably anticipated development. Where excess capacity in utility lines or facilities within a subdivision will further the efficient and desirable extension of utilities to adjacent property, equitable provision of such capacity is essential to the orderly growth of the urban area.

Construction of water, wastewater, drainage, gas, electric, telephone and cable television utilities that require utility cuts of a public street shall be repaired pursuant to applicable city ordinances.

Waterways and their associated watersheds within the city's territorial jurisdiction represent significant and irreplaceable recreational and aesthetic resources and contribute directly to the city's public health.

The continued economic growth of the city is dependent on an adequate quality and quantity of stormwater runoff, a pleasing natural environment, recreational opportunities in close proximity to the city as well as the protection of people and property from the hazards of flooding.

All watersheds within the city's jurisdiction, and especially those with abrupt topography, sparse vegetation, and thin and easily disturbed soil, are vulnerable to flooding due to unregulated development activities.

All watersheds within the city's jurisdiction are undergoing development or are facing development pressure.

If watersheds within the city's jurisdiction are not developed in a sensitive and innovative manner, their water resources, natural environment, and recreational characteristics may be irreparably damaged.

The city should regulate all drainage within the city's jurisdiction for the public benefit and safety, including both the existing and future generations of citizens of the city, as well as for downstream users of each waterway within the city's territorial jurisdiction.

Restrict or prohibit subdivision of lands for uses which are dangerous to health, safety or property in times of flood or which, with reasonably anticipated improvements, will cause excessive increases in flood heights or velocities.

Require that each subdivision lot in an area vulnerable to floods be provided with a safe building site with adequate access and that public facilities which serve such uses be installed with protection against flood damage at the time of initial construction.

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazards by prohibiting the subdivision of unprotected flood hazard lands, requiring that flood hazard areas be delineated on the final plat, and reserving through deed restrictions areas not suitable for development.

All drainage improvements within the city's jurisdiction shall be designed in accordance with good engineering practices and this ordinance. A drainage plan for each subdivision shall be prepared by the developer and approved by the city engineer. Such plan shall adequately provide and assume both upstream and downstream build-out within the watershed in which the property is located. The plan and improvements shall include improved drainage channels and systems, culverts, retention and detention ponds, as are reasonably necessary to prevent flooding within the subdivision and, to the extent consistent with good engineering practices to not increase the volume or flow of water from the subdivision onto adjoining property, during a 100-year storm event (unless a higher or more restrictive standard is otherwise required by this ordinance or other applicable law). In the event the city engineer and the developer are unable to agree on the requirements for the drainage plan and improvements in the foregoing manner, the drainage plan and improvements shall be prepared and constructed in conformance with the requirements of the Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual, as amended, in effect as of the date hereof.

The commission shall not recommend approval or approve any plat or plan which does not meet the minimum requirements of this ordinance in making adequate provisions for control of the quantity of stormwater runoff to protect the public health, safety and property, and benefit the present and future owners of property within the development, other lands within the city and neighboring areas.

It shall be the responsibility of the developer to design and construct a system for the collection and transport of all stormwater runoff flowing into, and generated within the development, in accordance with:

In general, drainage improvements shall be designed and constructed in a manner which promotes the development of a network of both natural and built drainageways throughout the community and so as to:

The danger of life and property due to the increased flood heights or velocities caused by subdivision fill, roads, and intended uses.

The danger that intended uses may be swept on to other lands or downstream to the injury of others.

The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

The importance of the services provided by the proposed facility to the community.

The availability of alternative locations not subject to flooding for the proposed subdivision and land uses.

The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future.

The relationship of the proposed subdivision to the comprehensive plan and floodplain management program for the area.

The safety of access to the property for emergency vehicles in times of flood.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

No subdivision or part thereof shall be approved if proposed subdivision levees, fills, structures or other features will individually or collectively significantly increase flood flows, heights, or damages.

Building sites for residences, motels, resorts, or other dwelling accommodation uses shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway if the sites are elevated or filled to a height at least 1 foot above the elevation of the regulatory flood or if other provisions are made for elevating or adapting structures to achieve the same result. Required fill areas must extend 5 feet beyond the limits of intended structures and, if the subdivision is not to be sewered, must include areas for on-site waste disposal.

Building sites for structures not included in Subsection F.2 shall similarly not be permitted in floodway areas. Such sites located outside floodway shall ordinarily be protected as herein provided. However, the planning commission may allow subdivision of areas for commercial and industrial use at a lower elevation if the subdivider protects the areas to a height of 1 foot above the regulatory flood protection elevation by levees, seawalls, channel modifications, or other protective techniques; or if the subdivider assures that uses will be protected through structural floodproofing, flood warning systems or other techniques specified in this ordinance.

If the planning commission determines that only part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.

When the subdivider does not intend to develop the plat himself and the planning commission determines that additional use controls are required to insure safe development, it may require the subdivider to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the face of the final recorded plat.

All references to the Austin Metropolitan Area Transportation Plan shall be construed to mean the City of Jonestown's Comprehensive Plan;

Subsection 3.6.3;

Compact parking spaces will not be allowed;

All references to Austin zoning districts as they pertain to street classifications, trip generation, recommended pavement design, off-street parking requirements;

Appendix F; and all references to the City of Austin, including its departments, boards or divisions shall be the same departments, boards or divisions within the City of Jonestown. Where such departments, boards or divisions do not exist within the city, such references shall be construed to mean the commission, the city engineer or other representative authorized by the City Council to perform such functions on the city's behalf.

Street layout. Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall conform to the comprehensive plan of the city and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood.

Relation to adjoining street system. Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued, and shall be at least as wide as such existing streets and in alignment therewith.

Projection of streets. Where adjoining areas are not subdivided the arrangements of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided areas.

Street jogs. Whenever possible, street jogs with centerline offsets of less than 125 feet shall be avoided.

Half-streets or adjacent streets. In the case of collector, minor, or marginal access streets, no new half-streets shall be platted.

Street intersections. Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography.

Dead-end streets. Dead-end streets shall be prohibited except as short stubs to permit future expansion.

Cul-de-sacs. Except as provided herein, a cul-de-sac street shall have a turnaround of not less than 100 feet in diameter and shall not exceed 1,000 feet in length or serve access to more than 25 residential lots, whichever is less; except that a longer length may be allowed if the planning and zoning commission determines that any of the following conditions exist:

Marginal access streets. Where a subdivision has frontage on an arterial street, there shall be provided a marginal access street on both sides or on the subdivision side of the arterial street, if the arterial street borders the subdivision, unless the adjacent lots back up to the arterial street, or unless the commission determines that such marginal access streets are not desirable under the facts of a particular case for adequate protection of the lots and separation of through and local traffic.

Streets on comprehensive plan. Where a subdivision embraces a street as shown on the comprehensive plan of the city, such street shall be platted in the location and of the width indicated by the comprehensive plan.

Minor street. Minor streets shall be laid out so as to discourage their use by through traffic.

Pavement widths and rights-of-way. Pavement widths, which shall be curb back to curb back, and rights-of-way shall be as follows:

Curbs. Curbs shall be installed by the subdivider on both sides of all interior streets, and on the subdivision side of all streets forming part of the boundary of the subdivision.

Street names. Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.

Construction standards. All streets shall be paved with a minimum of one and one-half inches (1-1/2") of compressed hot mix with a minimum of 8" of base over a proper subbase; provided that such shall be the minimum requirements and the subdivider shall comply with any higher standards established pursuant to ordinance or provided in the city standard details and specifications.

A traffic impact analysis (TIA) conducted in accordance with the most recent Design & Construction Standards shall be submitted with a voluntary annexation, zoning, amendment, concept plan, preliminary plat, final plat, replat or building permit application when the proposed development will generate 100 or more peak hour vehicle trips.

On residential and collector streets. Pedestrian concrete walkways (sidewalks) not less than six (6) feet wide shall be required within a residential subdivision on both sides of residential and collector streets, and sidewalks not less than six (6) feet wide shall be provided within all nonresidential developments and along all perimeter arterials, for both residential and nonresidential developments, Root barriers will be required underneath, and along with the construction of, all public sidewalks per the City's adopted technical construction standard specifications, particularly in locations where trees are (or will be) in close proximity to the sidewalk. Barrier-free ramps shall be constructed at all street intersections and at any other locations deemed appropriate by the City due to anticipated pedestrian travel patterns. Sidewalks shall be constructed within the street right-of-way, one (1) foot away from the right-of-way line, and at least five (5) feet away from the street curb. In certain instances, the City Council may, at its sole discretion, approve placement of the sidewalk adjacent or closer than five (5) feet to the curb provided that such placement benefits the general public by allowing more space for landscaping, such as for street trees, screening shrubs, and decorative walls and fences, and provided that the width is increased to a minimum of six (6) feet of sidewalk pavement or to such a width as may be needed in the interest of public safety.

On perimeter roadways or arterials to development. All sidewalks along a perimeter roadway or arterial are considered part of the overall development's required public improvements and shall be installed prior to acceptance of the subdivision by the City and prior to Final Plat approval, unless surety is provided and as authorized by the City's ordinances. In any event, a Certificate of Occupancy will not be issued for any lot within the subdivision until the required sidewalks are in place or appropriate surety is provided. The cost and provision of any perimeter sidewalks, such as along major thoroughfares, may be escrowed as a part of a developer's agreement, if approved by the City Council. The City has the right, but not the obligation, to refuse escrow and to require paving of the sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety, convenience or welfare.

Fee in lieu of construction. When the subdivision requirements are waived in accordance with the City's code, the Planning and Zoning Commission may recommend and the City Council may require the payment of a fee-in-lieu of construction of the sidewalk(s) to the City Sidewalk Fund, as approved by the City. Payments will be calculated based on the linear feet of sidewalk waived as set out in Appendix A, Fee Schedule, of the City Code of Ordinances and be used for the sole purpose of equipping public streets within the City with sidewalks. The fee in lieu of sidewalks shall be paid in full to the City prior to the recording of the Final Plat.

Where an approved public water supply or distribution main is within reasonable distance of the subdivision as determined by the commission, but in no case less than one-half (1/2) mile away and connection to the system is both possible and permissible, the developer shall be required to bear the cost of connecting the development to such existing water supply. In some instances, the city may request that the main water connection be oversized or rerouted to suit future water system improvements in that area. In such cases, the city will reimburse the developer the costs of oversizing or rerouting such connections.

The developer shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the city. Under extraordinary circumstances, these provisions may be varied with the approval of the council and commission.

The design and construction of a public water system shall:

Permits. Prior to re-working any well, the owner of the property and/or the person to re-work the well must submit an application for a permit. An owner of an unplatted residential parcel of five (5) acres or more may request a permit to drill a water well for non-commercial use. A permit fee in the amount set forth in appendix A to this code shall be paid at the time the application is filed, including any fees for review by the City engineer. The application for any permit required by this code shall include: the name and address of the owner and operator of said well; the name and address of the contractor re-working or drilling the well and the estimated cost of the work; the legal description of the property on which the well is to be re-worked or drilled together with a plat showing the exact location of the well on said property; and a statement concerning the extent of re-working, if any, the location of the well in conjunction with the items listed in subsection 2 below, the well construction and the work to be done thereon.

Location. Water well sites that are operating must be in compliance with state, federal and local laws, rules, directives and regulations and located so that there will be no danger of pollution from flooding or from unsanitary surroundings, such as privies, sewage, sewage treatment plants, livestock and animal pens, solid waste disposal sites or underground petroleum and chemical storage tanks and liquid transmission pipelines, or abandoned and improperly sealed wells.

Where an approved public wastewater collection main is within reasonable distance of the subdivision as determined by the commission, but in no case less than one-half (1/2) mile away and connection to the system is both possible and permissible, the developer shall be required to bear the cost of connecting his development to such existing wastewater system. In some instances, the city may request that the main wastewater connection be oversized or rerouted to suit future wastewater system improvements in that area. In such cases, the city will reimburse the developer the costs of oversizing or rerouting such connections.

The developer shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed lift station facilities, treatment facilities, and specific collection lines as determined necessary by the city. Under extraordinary circumstances, these provisions may be varied with the approval of the council and commission.

All new public wastewater systems shall be designed and constructed to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains.

Flow determinations should include generally accepted criteria for average daily flow, inflow and infiltration, peaking factors, minimum slopes and minimum flow velocities.

The minimum size of any public wastewater line will be six (6) inches in diameter.

Public wastewater lines shall be located where maintenance can be accomplished with the least interference with traffic, structures and other utilities. Minimum separation distance from water utilities shall be in accordance with the rules adopted by the Texas Natural Resource Conservation Commission.

Manholes shall be located so as to facilitate inspection and maintenance, including intersections, horizontal alignment changes, vertical grade changes, change in pipe size or material, and force main discharge points.

All wastewater appurtenances shall be designed and constructed in accordance with city standard details and specifications.

All wastewater systems shall be designed and constructed to comply with all applicable rules, regulations and policies of the entity that will provide wastewater service to the development.

The length, width, and shape of blocks shall meet the following standards:

Residential blocks shall not exceed one thousand three hundred (1,300) feet nor be less than five hundred (500) feet in length, except as otherwise provided for herein.

Blocks along arterial streets shall not be less than one thousand six hundred (1,600) feet.

The width of blocks shall be sufficient to accommodate two (2) tiers of lots with minimum depth as required by this section, exceptions to this width shall be permitted in blocks adjacent to major streets, railroads, waterways, or other topographical features prohibiting a second lot tier.

The commission may, at the preliminary plat phase, require the dedication of an easement or right-of-way not less than ten (10) feet wide bisecting the center of any block in excess of eight hundred (800) feet in length to accommodate utilities, drainage facilities, and/or pedestrian access to greenbelts or park areas.

Blocks shall be identified on each plat by consecutive adjacent numbers within each subdivision and portion thereof. Blocks forming a continuation of a previous subdivision block shall continue the block letter.

The required lot area, width, building setback line, front, side, street side and rear yard requirements for each lot as established in the zoning ordinance are incorporated herein by reference; provided that, except as may be specifically provided otherwise (for the specific land use proposed) by and amendment to the zoning ordinance adopted subsequent to the date of this ordinance, the minimum size of any lot developed within the corporate limits of the city shall be one acre.

The minimum lot size for all lots shall further be dependent upon the availability of central sewage disposal system service.

Each lot shown on a plat shall be clearly designated by a number located within the boundaries of the lot. The boundaries of each lot shall be shown by bearing and distance in relation to the monuments found or established on the ground in conformance with this ordinance.

For developments within the corporate limits of the city, the proposed use for each lot shall be indicated on the plat, and in accordance with the city's zoning ordinance.

For developments within the city's ETJ, the proposed use for each lot shall be indicated on the plat, and consistent with similar uses as defined in city's zoning ordinance.

All lots shall be rectangular, except when the street alignment is curved, in order to conform with other provisions of this ordinance.

No lot shall have a corner intersection of less than forty-five (45) degrees.

The ratio of average depth to average width shall not exceed two and one-half to one (2.5:1) nor be less than one and one-half to one (1.5:1).

All lots shall face and have contiguous frontage on a usable, dedicated public road right-of-way except lots within a PUD which may have similar frontage on a private street under common ownership. The extent of this frontage (front line) shall conform to the minimum lot width requirements set forth in the city's zoning ordinance.

Except as otherwise approved through the granting of a variance, all lots shall face a similar lot across the street.

Lot lines common to the street right-of-way line shall be the front line. Side lot lines shall project away from the front line at approximately at right angles to street lines and radial to curved street lines. The rear line shall be opposite and approximately parallel to the front line.

Lot area, width, and depth shall conform to the requirements as established in the zoning ordinance. For developments outside the corporate limits of the city, but within the city's extraterritorial jurisdiction, lot size shall be consistent with similar uses as defined in the zoning ordinance.

Reverse frontage lots. Residential lots with rear yards facing highways, access roads, and major or minor arterial streets should be at least 130 feet in depth so as to provide adequate rear yard area for screening and buffering of the rear of the structure, as required by this ordinance.

Yard areas. The area between the property line and the front, side or rear building setback line shall be the required front, side and rear yard areas, respectively.

Lot drainage. Lot drainage shall be in conformance with this ordinance.

All the land area that was released from Austin's ETJ and that is located between the northern most corporate limits of Jonestown and a line on the south that is generally described as follows: Beginning near the Little Devil's Hollow of Lake Travis at the southeast corner of the property annexed by Jonestown on January 22, 1999; thence generally in a westerly direction and then northeasterly direction with the meanders of the corporate boundary of Jonestown (as established by the January 22, 1999 annexation) and the boundary line of the Marshall's Point Subdivision (hereinafter "MPS") to a point for corner; thence with the northernmost boundary of the MPS to the northeast corner of the MPS; thence in a northwesterly direction with the northerly boundary of a 533.382 acre tract of land described in a deed, dated September 3, 1987, to George K. Marshall Trust and George K. Marshall III, of record at Volume 10402, Page 572, Official Records of Real Property of Travis County, Texas, to the northwest corner of said 533.382 acre tract; thence in a north, northeasterly direction with the easterly boundary line of Travis Hollow Subdivision, Section 3, as shown on the plat of record at Book 78, Page 394-397, Plat Records of Travis County, Texas, to the most north, northeasterly, corner of Travis Hollow, Section 3; thence with the easterly boundary line of Travis Hollow Subdivision, Section 1, as shown on the plat of record at Book 76, Page 141, Plat Records of Travis County, Texas, and an extension of said line beyond the most north, northeasterly, corner of Travis Hollow, Section 1, to a point of intersection with the south right-of-way ("ROW") line Adrian Way Street; thence westerly with the meanders of the south ROW line of Adrian Way Street to a point of intersection with the most easterly ROW line of FM 1431; and

All that certain area of Lake Travis that was released from Austin's ETJ, that abuts or is adjacent to the geographic area that is between the northernmost corporate boundary of Jonestown and the above-described southerly line, and that is within one thousand one hundred feet (1,100') of the 681 elevation contour line above mean sea level (as established by the United States Geological Survey in effect as of the date hereof).

All that certain area released from Austin's ETJ that is more particularly shown and described in Appendix D attached hereto and incorporated herein for all purposes.

All that certain area released from Austin's ETJ that is more particularly shown and described in Appendix E attached hereto and incorporated herein for all purposes.

All single-family development will be set back at least 75 feet from the 681-foot contour line above mean sea level, as established by the United States Geological Survey in effect as of the date hereof. All condominium units, apartments and commercial buildings (excluding any marinas) will be set back at least 100 feet from said 681-foot contour line.

Temporary erosion and sedimentation controls as required by the LCRA under section 5(c) of the Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual, as amended, in effect as of the date hereof, and those controls of the City of Austin as provided in section 25-8-181 of the City of Austin Land Development Code in effect as of the date hereof, will be implemented.

Permanent water quality controls equivalent to or better than that required under the City of Austin Land Development Code in effect as of the date hereof will be implemented, designed, constructed and maintained according to the City of Austin Environmental Criteria Manual as determined by comparing calculations under the City of Austin's requirements with those under the proposed controls.

Impervious cover will be limited to twenty percent (20%) of the net site area, as defined by City of Austin Land Development Code section 25-8-62 over the property for any lot developed with any retail, condominiums, apartments or office commercial uses.

A minimum average lot size of one acre shall be maintained on all residential lots in the planning area.

Cut and fill is limited to four feet (4') maximum, provided that cut and fill over four feet (4') shall be permitted if the cut/fill slope is terraced to control erosion and sedimentation.

Detention of the 2-year storm for erosion control or, as an alternative, non-erosive conveyance of stormwater to Lake Travis, will be provided as required under City of Austin Land Development Code chapter 25-7 (drainage) and the City of Austin Drainage Criteria Manual.

A building envelope that encompasses the limits of building disturbances will be established and required for residential construction on any lot.

All of the 100-year floodplain located within the Jonestown Release Area shall be dedicated to the Jonestown as a drainage easement in accordance with the City of Jonestown's development rules. For the purpose of this subsection, the 100-year floodplain shall be determined based on fully developed conditions.

Jonestown shall provide notice of all site plan or subdivision plat approvals by the City of Jonestown to the City of Austin within 72 hours of such approval.

A minimum average lot size of one acre shall be maintained on all lots that are served by on-site septic systems.

Density of lots served by on-site septic systems may not exceed one single-family unit per acre, provided that a minimum of 40% of the total site area is open space.

The city may approve density not to exceed 1.5 single-family units per acre for lots that are connected to a wastewater treatment facility, provided that a minimum of 40% of the total site area is open space.

The city may approve additional density not to exceed 2 single-family units per acre for lots that are connected to a wastewater treatment facility and for which a minimum of 40% of the total site area is open space according to the following requirements:

Cut and fill is limited to four feet (4') maximum, provided that cut and fill over four feet (4') shall be permitted if the cut/fill slope is structurally engineered by a licensed structural engineer or terraced to control erosion and sedimentation.

Development is prohibited on a slope with a gradient that exceeds thirty-five percent (35%). This prohibition does not apply to a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a pedestrian facility.

Detention of the 2-year storm for erosion control or, as an alternative, non-erosive conveyance of stormwater to Lake Travis, will be provided as required under City of Austin Land Development Code chapter 30-4 (drainage) and the City of Austin Drainage Criteria Manual.

A building envelope that encompasses the limits of building disturbances will be established and required for residential construction on any lot.

All of the 100-year floodplain located within the properties described in Subsection A.3 shall be dedicated to the city as a drainage easement in accordance with applicable city rules and regulations. For the purpose of this subsection, the 100-year floodplain shall be determined based on fully developed conditions.

The city shall provide an annual status report to the director of the City of Austin Watershed Protection and Development Review Department of the options used by developers to obtain additional density, which report shall include the following:

Lake Travis critical water quality zone (LTCWQZ). A critical water quality zone shall be established along and parallel to the shoreline of Lake Travis. For Lake Travis this coincides with the 681-foot contour line. The width of the critical water quality zone, measured horizontally inland, is 100 feet, or for a detached single-family residence, 75 feet. Development within the LTCWQZ that may be submerged from time to time below the 681-foot contour line is prohibited, except that a boat dock, pier, wharf, or marina and necessary access are allowed, provided that such is allowed by the city's zoning ordinance and otherwise complies with applicable local, state, and federal regulations, including regulations applicable to building materials set forth in chapter 3.

Development will comply with the 2006 LCRA Highland Lakes Watershed Ordinance, as amended from time to time, and the 2006 LCRA Water Quality Management Technical Manual, as amended from time to time.

Drainage improvements, including storm sewer lines and inlets, channels, swales, detention facilities, and other related appurtenances.

Transportation improvements, including streets, alleys, bridges, street lighting, street signage, and sidewalks.

Water utilities including water distribution lines, fire hydrants, valves, and water storage facilities.

Wastewater utilities including wastewater lines, manholes, and lift stations.

Park land and/or trails.

Utility improvements for electric, telephone, gas and cable television services shall be installed in conformance with the terms and regulations of the provider of said utility and the ordinances and codes of the city.

During the course of installation and construction of the required improvements, the city engineer or his/her designated representative shall make periodic inspections of the work to insure that all improvements comply with city requirements.

Upon completion of all required improvements, the developer may seek acceptance of all public improvements by the city by following the procedures set forth in this ordinance.

All plats receiving final plat approval based on this ordinance shall conform to the requirements of this section.

The council and developer may negotiate the combination of public park land dedication and/or payment of fees in lieu of required park land to satisfy the provisions of this ordinance.

Where the payment of a fee in lieu of park land dedication is required or acceptable to the council as provided for in this ordinance, such fee shall be in an amount as established in Appendix A: Fee Schedule.

The developer shall pay said fee to the city prior to recordation of the final plat.

The dedicated land should form a single parcel or tract of land at least three (3) acres in size unless it is determined that a smaller tract would be in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the city.

Public access to public park land delineated on a preliminary plat shall be ensured by provision of at least fifty (50) feet of street frontage, in a manner satisfactory to the city. Likewise, adequate space for public parking should also be considered.

At the time the land abutting the delineated areas is developed, the developer of such abutting land shall construct streets along all abutting street frontage, and shall provide water and wastewater utilities to the boundary of one (1) side of the delineated area to meet minimum requirements of this ordinance.

The land to be dedicated to meet the requirements of this ordinance should be suitable for public parks and recreation activities. In that regard, fifty percent (50%) of the dedicated land area should not exceed five percent (5%) grade. The master plan for the city shall be considered when evaluating land proposals for dedication.

Any disturbed park land shall be restored and the soil stabilized by vegetative cover by the developer.

Areas within the regulatory 100-year floodplain may be utilized to partially meet the park land dedication requirements. Areas in the 100-year floodplain may constitute up to fifty percent (50%) of the requirement of land dedication; provided that credit may not be obtained for such land that is also dedicated for another public purpose.

The location of park land may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use. Otherwise a centralized location is preferred.

City staff shall make recommendations based upon the park land design standards and the provisions contained herein, concerning the amount and location of park land, credit for private park land and/or facilities, credit for land in the 100-year floodplain, and fees in lieu of park land dedication.

All park areas and playground equipment shall be in accordance with the U.S Consumer Products Safety Commission, Publication 325, as currently amended.

At such time as the City Council, based upon the recommendations of the commission and/or city staff determines that there are sufficient funds derived from a certain area in the park fund to purchase usable park land, the council shall cause negotiations to be undertaken to purchase the site by mutual agreement or by condemnation proceedings. In making such determination for the purchase of said site, the conditions of this ordinance shall be taken into consideration.

The principal and interest deposited and kept in the park fund shall be used solely for the purpose of purchasing and/or equipping or improving land for public park and recreation uses, and shall never be used for maintaining or operating public park facilities, or for any other purpose.

By warranty deed transferring the property in fee simple to the city.

In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance.

Maintain permanent and current records with respect to this ordinance, including amendments thereto.

Receive and file all concept plans, preliminary plats, construction plans, and final plats together with applications therefor.

Forward copies of the preliminary plat, construction plans, and final plat to the county, when the development is located within the city's extraterritorial jurisdiction.

Review all concept plans, preliminary plats, construction plans, and final plats to determine whether such plats comply with this ordinance.

Forward plans and plats to the commission as required by this ordinance, together with its recommendations thereon.

If required, forward plans and plats to the council, together with the recommendations of the commission and city staff.

Make such other determinations and decisions as may be required of the city by this ordinance, the commission or the council.

In the city's interpretation and application, the provisions of this ordinance shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This ordinance shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

Whenever both a provision of this ordinance and any other provision of this ordinance, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.

Where there arises a question concerning the meaning or intent of a provision of this ordinance, the city is hereby implored to render a written decision setting forth the exact manner in which said provision shall be interpreted and administered. In the event exception is taken by any interested party to such a decision the matter shall be appealed to the commission, and, as appropriate, to the City Council, whose decision shall be final.

Any written decision shall be attached to and made a part of this ordinance, until rescinded by amendment of this ordinance as provided for herein.

The terms, provisions and conditions of this ordinance shall be interpreted and applied in a manner consistent with chapter 212, Tex. Loc. Gov't. Code, and, particularly as to property within the extraterritorial jurisdiction of the city, section 7(c).

The commission may approve such written request for variances to the design standards and such variance(s), if granted, shall also be considered to be a modification of the zoning regulations, but not the zoning districts, applicable to the specified property within such development within the city limits; or

Would constitute a major departure from the applicable provisions of this ordinance for such features as: lot size, setback lines, etc., such variance request shall be considered by the council in accordance with its powers and procedures as set forth in the zoning ordinance, and their decision shall be final; and

After giving notice of such requested variances, the commission may consider each such variance request during the course and process of considering the application for subdivision plat approval given or granted.

The public convenience and welfare will be substantially served;

The appropriate use of surrounding property will not be substantially or permanently impaired or diminished;

The applicant has not created the hardship from which relief is sought;

The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property;

The hardship from which relief is sought is not solely of an economic nature;

The variance is not contrary to the public interest;

Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and

In granting the variance the spirit of the ordinance is observed and substantial justice is done.