A. All future subdivisions of land within the City Limits and Extraterritorial
Jurisdiction (ETJ) shall be laid out subject to the approval of the
City as outlined within this UDC, and no other subdivision will be
recognized by the City.
B. These regulations are intended to promote the health, safety, morals,
and general welfare of the City, by providing for the safe and orderly
development and division of land.
C. These regulations are adopted pursuant to the powers granted and
limitation imposed by Texas Local Government Code Chapter 212.002.
(Ordinance 475 adopted 6/28/22)
A. General policy. It is hereby declared to be the policy of the City
to consider the Subdivision and Development of land as subject to
the control of the City, in order to carry out the purpose of the
Comprehensive Plan, and to promote the orderly, planned, efficient,
and economic development of the City and its ETJ.
B. Policies regarding the subdivision and development of land.
1.
No Subdivision or Development of land will be allowed until
the Subdivider demonstrates that the Subdivision will provide Adequate
Public Facilities, including facilities for stormwater, water, wastewater,
transportation, and other facilities required by these regulations.
2.
Public and private facilities and improvements must be of at
least the minimum capacity necessary to provide Adequate Public Facilities
to the development, as determined by the agency responsible for providing
the facility and shall conform to and be properly related to the Comprehensive
Plan and any applicable Technical Manual.
3.
The standards and regulations of this Article
2 supplement, and facilitate the enforcement of, provisions and standards contained in the UDC and Building Codes adopted by the City. Violation of, or non-conformance with, one or more sections of this UDC or the adopted Building Codes may result in denial of an application for Subdivision.
C. Requirement to plat. Platting is required for the following actions:
1.
Creation of a development site on a single lot or tract;
2.
Subdivision of land to divide a lot or tract into two or more
parcels;
3.
Combination of lots or tracts;
4.
Amendment(s) to a recorded Plat; or
5.
Correction of errors on a recorded Plat.
D. Exemptions to platting. The following are exemptions to the requirement
to plat as noted in subsection
2.1.2.C above:
1.
Dedication of an easement or right-of-way by a separate document
approved by the City and recorded with County; or
2.
Division of land created by order of a court of competent jurisdiction.
E. These regulations represent the minimum requirements necessary to carry out the purpose of the UDC (see subsection
1.1.6).
F. In addition to these regulations, all Development subject to these
regulations must comply with other applicable ordinances, laws, codes,
and regulations, expressly including:
1.
Building Code, Zoning Code, Flood Regulations, Technical Manuals,
and all other applicable laws and standards of the City and County;
and
2.
All applicable laws, rules and regulations of the Federal Government
and the State of Texas and their duly constituted agencies.
G. All references in these regulations to other governmental regulations
are for informational purposes only and do not constitute a complete
list of applicable regulations. These references do not imply any
responsibility on the part of the City to enforce regulations imposed
by other governmental authorities.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
A. Provisions.
1.
Plat filing requirement.
(i)
A Final Plat will not be filed of record until it has been approved
by the City, Fiscal Security is provided, and all street and drainage
Public Facilities have been accepted by the City.
(ii)
If the City approves a Final Plat prior to acceptance of Public
Facilities, the Plat must bear a note stating that the Subdivider
will establish easements according to plans accepted by the applicable
water and wastewater provider(s).
(iii) Subitem (i) above regarding Public Facilities
does not apply to a Short Form Final Plat, Minor Plat or Amending
Plat.
(iv)
No Plat may be recorded without endorsement by the City. Any
such actual recording is void unless the appropriate City Official's
signature appears on the Plat as hereinafter provided.
(v)
The Plat must provide for easements dedicated to a utility provider
other than the City and make reference to the recording instrument
reference number on the face of the plat.
(1) Any plat that is recorded without easements dedicated
to a utility provider other than the City must include the following
note on the Plat: "The applicable utility may refuse to accept improvements
for ownership and maintenance until an easement of adequate dimensions
is recorded in the deed records of Travis County, and the recordation
number appears on this plat."
2.
Final plat required for building permits. The City will not
issue a Building Permit for any structure on a lot in a Subdivision
for which a Final Plat has not been approved and recorded, nor for
any structure on a lot within a Subdivision not in full compliance
with the standards contained or referenced herein.
3.
Compliance with standards required.
(i)
The City will not, nor will it authorize any person to, provide
regular maintenance, install, provide or authorize any streets or
public utility services to a Subdivision for which the standards contained
herein or referred to herein have not been complied with in full and
reserves the right to refuse acceptance of any streets or public utility
services to a Subdivision until they comply fully with this UDC.
(ii)
See subsection
2.1.4, Public Facilities Required.
4.
Dedications.
(i)
The City's denial of a Plat is a refusal by the City to accept
the offered Dedication shown on the Plat.
(ii)
Until the City has accepted an offer of dedication by Plat filing,
transfer of warranty deed, or Letter of Acceptance, as applicable,
the City is not obligated to maintain or improve areas that are offered
for dedication. A letter of acceptance shall be required when a final
plat is recorded prior to inspection and acceptance of adequate public
facilities.
(iii) If the applicant files an approved Final Plat
with Fiscal Security before or during construction of Public Facilities,
the City may defer accepting land dedicated by Final Plat until the
City Engineer issues a Letter of Acceptance of Public Facilities.
(iv)
Any such Dedication, before or after actual acceptance, may
be vacated by the Council in any manner provided by law.
5.
Services prohibited. The City will not authorize a utility to
begin to supply, nor will the City itself sell or supply any utility
service, such as water, gas, electricity, telephone, cable, communication
or wastewater service within a Subdivision unless a Final Plat has
been approved and recorded in compliance with the standards contained
herein.
6.
Action in a court. The City Attorney shall, when directed by
the City Council, institute appropriate action in a court of competent
jurisdiction on behalf of the City to enforce the provisions of this
UDC or the standards referred to herein with respect to any violation
that occurs within any area subject to all or a part of the provisions
of this UDC.
(Ordinance 475 adopted 6/28/22)
A. Subdivider's responsibility.
1.
The Subdivider is responsible for furnishing, installing, and constructing the Public Facilities (including, but not limited to, water and wastewater systems, streets, sidewalks, drainage facilities, and water quality ponds) necessary for the proper development of the Subdivision according to the minimum standards of this UDC (see subsections
2.1.4, Public Facilities Required and 2.5.2, Rough Proportionality and Fair Share Policy Statement).
2.
All required Public Facilities must be designed and constructed
in accordance with the City's adopted Technical Manuals, and any other
standards, specifications, and drawings the City may adopt. If the
City does not have jurisdiction over a facility, the Subdivider must
design the facility according to the specifications of the provider.
B. Facilities sizing.
1.
Where considered necessary by the City Engineer, Public Facilities dedicated to the City must be sized in excess of the minimum required in the UDC or adopted Technical Manuals to accommodate future growth and expansion. The City will not be responsible for determining sizing requirements for other facilities not dedicated to the City (see subsection
2.5.2, Rough Proportionality and Fair Share Policy Statement).
2.
The City Council has the authority to participate in the cost
difference between the cost of a Public Facility, as sized by the
City Engineer, and the cost of the minimum size of the facility required
in the UDC or adopted Technical Manual.
3.
See subsection
2.5.2, Rough Proportionality and Fair Share Policy Statement for more details regarding determination of minimum infrastructure and cost proportionality.
C. Improvement agreement.
1.
An Improvement Agreement is required when the City participates
in the cost of any Public Facilities (see Section
2.1.4.C).
2.
An Improvement Agreement will be based upon the requirements
of this UDC, and provide the City with specific authority to complete
the Public Facilities required in the Improvement Agreement in the
event the Subdivider fails to complete the improvements, and to recover
from the Subdivider the full costs of completion.
3.
Once executed, the Improvement Agreement is a legally binding
agreement between the City and the Subdivider and specifies the individual
and joint responsibilities of the City and the Subdivider.
4.
Requirements.
(i)
Provisions for pro rata payments, City participation in Public
Facilities, escrow deposits or other payments for future facilities,
variances granted to this chapter, and other particular aspects of
the proposed Subdivision, as appropriate;
(ii)
Authority for the City to withhold building permits and put
a hold on construction and inspections in the event of breach by the
Subdivider;
(iii) Provisions for fiscal security;
(iv)
Insurance requirements in accordance with the City's requirements
for Public Facilities or other projects within City right-of-way;
and
(v)
An indemnification clause by which the Subdivider agrees to
hold the City harmless against any claim arising out of the proposed
Subdivision or any actions taken therein.
5.
The City Council may approve one or more forms for Improvement
Agreement, which the City Manager may execute on behalf of the City.
In the event of a disagreement between the City staff and the Subdivider
concerning stipulations of the Improvement Agreement, the Subdivider
may request City Council approval of alternative provisions.
(Ordinance 475 adopted 6/28/22)
A. Intent and applicability.
1.
This section applies to all Applications for Platting of property
within the City of Bee Cave and its Extraterritorial Jurisdiction
(ETJ);
2.
It is the intent of this section to establish a process and
procedure that complies with state law and provides both the City
and the applicant to exercise their rights and responsibilities under
TLGC Chapter 212.
C. Applications. All submittals shall conform to subsection 1.4 Submittal
Procedures.
D. Application fees. All application fees shall be paid in full according
to the adopted Fee Schedule.
E. Zoning regulations requirements. All requirements contained under Article
3 Zoning Regulations apply to development and Subdivision under this UDC. All plats must meet the requirements of zoning and applicable portions of the Comprehensive Plan and be compatible with surrounding development.
F. Park dedication.
1.
Park Dedication shall be made to the City with each Final Plat
phase in proportion to the size of the phase being platted, unless
an alternate scenario is approved by the City with approval of the
Preliminary Plat.
2.
All land proposed for Park Dedication must provide a means for
public access, such as a public access easement or dedicated public
roadway. If the land proposed for Park Dedication is not within the
boundaries of the Final Plat, the required public access must be provided
via separate instrument or other means acceptable to the City, prior
to the recordation of the Final Plat.
3.
If the City has determined that money shall be paid in lieu
of park land dedication, then the payments shall be made with each
phase in proportion to the size of the phase being platted.
4.
See section 6.3, Parkland and Path Dedication for minimum requirements
for parkland dedication.
G. Drainage. If provisions are necessary for drainage facilities on the unplatted future phases of the Development or Subdivision, then the Final Plat must include easement by separate instruments for off-site drainage and include appropriate notes and descriptions providing the City permission to access, and if requested by the City, maintain and improve the drainage system (see Article
7, Stormwater Management).
H. Phased development.
1.
All Phased Developments shall be in accordance with the purpose
of the Comprehensive Plan.
2.
The City may establish maximum lot size limits and requirements
for individual phases of a Phased Development in addition to limits
based on the ability of the City, Subdivider, or other utility provider
to provide to each phase. This includes, but is not limited to, adequate
streets, water, wastewater, drainage facilities, water quality ponds,
and parkland.
3.
The Preliminary Plat shall reflect the planned phasing of the
development. The Planning Director may require a phasing plan indicating
the anticipated sequencing of Final Plats.
4.
The Planning Director is authorized to approve changes to the
Phasing Plan in consultation with the City Engineer if the changes
will not directly or indirectly authorize any of the items listed
in subsection
2.3.4.L.2.
5.
Phased Development shall be compatible with the surrounding
land use plan and existing developments.
6.
Each phase of development requires a Final Plat. Substantial
changes to the development at the Final Plat phase may require amendment
of the Preliminary Plat prior to approval of Final Plats for future
phases (see subsection
2.3.4.L).
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
A. Subdivision regulations and development standards in the ETJ.
1.
This Article
2, Subdivision Regulations, as amended, extends to all of the area lying within the ETJ of the City of Bee Cave from and after the date this UDC is adopted, and as the ETJ may be modified through annexation or changes to the laws of the State of Texas.
2.
The City may not establish or enforce zoning regulations within
the ETJ. However, the City may enforce Development Agreements in the
ETJ.
B. Subdividing. No person shall Subdivide or Plat any Tract of land within the ETJ of the City except in conformity with the provisions of this Article
2.
C. Water and wastewater utility extensions in the ETJ.
1.
Purpose and applicability. A petition for approval to extend water or wastewater utility facilities under this subsection
2.1.6 applies only to land located within the City's ETJ and not already served by utilities.
2.
Procedure.
(i)
A petition for approval to extend water or wastewater utility
facilities must be submitted to the West Travis County Public Utility
Agency ("PUA") or WCID-17, or their successor or designee on a standard
form issued by the PUA or WCID-17.
(ii)
Upon granting of the petition, and concurrent with the filing
of any application for Development, the Subdivider must furnish to
the City a Letter of Certification from the PUA or WCID-17.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)