Chapter 36 Subdivisions

Certificate of completeness.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley.

A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

Application.

A written request to the city for an approval required by this chapter that contains all information required by this chapter and that has been deemed administratively complete by the city.

Application package.

The letter given to the city on the date of submission, original plat, three (3) full-sized copies, and all required attachments and as deemed administratively complete by the city. These materials shall be addressed to the zoning and planning commission or city administrator depending on review authority.

Applicant.

A person or entity who submits to the city an application for an approval required by this chapter. To be qualified as an applicant under this chapter, the person or entity must have sufficient legal authority or proprietary interests in the land to commence and maintain proceedings under this chapter. The term shall be restricted to include only the property owner(s), or a duly authorized agent and representative of the property owner.

Block.

A combination of two or more lots into a unit within a subdivision.

Building.

Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building.

Certification provided by the city to an applicant when a submission has been deemed administratively complete and the written request becomes a filed application.

City administrator.

The city’s chief administrative officer, as appointed by the city council. The term also includes the city administrator, or the city administrator’s designee.

Commission.

The zoning and planning commission (“ZAPCO”) of the city.

Commercial overlay district plan.

The overlay plan that supplements the city’s master plan and comprehensive plan and affects the city’s commercial corridor along Bee Caves Road.

Comprehensive plan and master plan.

The plan required by Texas Local Government Code section 211.004. The comprehensive plan is an independent, long range plan for use and development of land within the city and in the city’s extraterritorial jurisdiction. The city’s comprehensive plan is entitled “The Master Plan for the City of West Lake Hills, Texas,” adopted in January 1979, as amended.

Condominium.

A form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners. Condominiums are established in accordance with the requirements of the Texas Uniform Condominium Act codified in chapter 82 of the Texas Property Code. A condominium is a form of ownership and not a specific building type or style.

Condominium association.

An association, organized pursuant to section 82.101 of the Texas Property Code, whose members consist of owners of Units in a condominium, which administers and maintains the common property and common elements of a condominium.

Construction.

Any clearing of land, excavation or other action that would adversely affect the natural environment of the site but does not include uses in securing survey or geological data, including necessary borings to ascertain subsurface conditions.

Control points (monuments).

Those that control or are used to relocate lost or obliterated property corners. Control points (monuments) are placed where they are least likely to be destroyed and where they can be conveniently used.

Cul-de-sac.

A street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

Dead-end street.

A street, other than a cul-de-sac, with only one outlet.

Density.

A measure of the degree, extent, or magnitude of land development for single-family dwellings, computed by dividing the number of lots in a proposed residential subdivision by the total acreage of the tract to be subdivided, and expressed as a decimal, fraction, percentage, or ratio.

Engineer.

A person duly authorized under the provisions of the Texas Engineering Practice Act, V.T.C.A., Occupations Code, chapter 1001, as amended, to practice the profession of engineering.

Erected.

Built, constructed, altered, reconstructed, poured, laid, moved upon or any physical operations on the premises which are required for construction. Excavation, site clearance, landfill and the like shall be considered a part of erection.

Extraterritorial jurisdiction.

That land not within the corporate limits of the city, but land over which the city has jurisdiction by virtue of V.T.C.A., Local Government Code chapter 42.

Filing.

The date on which either:

An administratively complete application package for a plan, plat, or permit is submitted to the city and determined to be administratively complete by the city administrator; or

Organized disposal system.

The tenth (10th) business day after a submission has been submitted to the city if the city administrator has not yet acted on the submission.

Front.

The area that generally runs between the property lines facing or abutting any public or private streets, and through the point(s) on the house/structure closest to the street(s).

Impervious cover.

Manmade or constructed coverage of the natural ground with any structure or surface that impedes, inhibits or does not permit the absorption or passage of water. Impervious cover includes, but is not limited to, buildings, parking areas, roads, streets, driveways, sidewalks, swimming pools, impermeable concrete, asphalt paving, compacted base material, and brick pavers on compacted base. Permeable pavement, pavers and manmade areas of compacted or uncompacted rock or stone shall be considered 100 percent impervious cover regardless of how much water they allow to pass through to natural ground. Decks that allow the passage of water to natural ground shall be considered 50 percent impervious cover. Roof overhangs/eaves are not considered impervious cover.

Lot.

An undivided tract or parcel of land having access to a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed for record.

Multifamily structure.

A structure containing three or more dwelling units.

Officer.

Any officer referred to in this article by title means the person employed or appointed by the city in that position, or their duly authorized representative.

Any public or private system for the collection, treatment and disposal of sewage operated in accordance with the terms and conditions of a permit from the Texas Commission on Environmental Quality.

Pavement width.

The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of the curbs.

Person.

Any individual, association, firm, corporation, governmental agency or political subdivision.

Plat.

A document, prepared by a registered land surveyor or professional engineer, that depicts the subdivision of land into lots and blocks (and sometimes the combination of land) for the purpose of identifying property. For the purposes of these regulations, the following definitions are included:

Amending plat.

A subdivision plat which includes a plat revision to correct errors or make minor changes to a recorded plat.

Final plat.

The official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a survey corner, and with all boundaries, corners, curves of the land division sufficiently described so that they can be reproduced without additional references. The final plat of any lot, tract or parcel of land shall be recorded in the land records of Travis County, Texas.

Minor plat.

A subdivision resulting in four or fewer lots, provided that the plat does not require the creation of new streets or the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served or be able to be served by all required city utilities and services, and all lots will have access from a public street that has already been improved to city standards.

Major plat.

All plats not classified as a minor plat, including, but not limited to subdivisions of more than four lots, or any plat that requires the construction a new street (or portion thereof) or the extension of a municipal facility as required by these regulations or any other city ordinance. Major plat approval shall be in accordance with state law.

Preliminary plat.

A subdivision plat which is the graphic expression of the proposed overall plan for subdividing, improving and developing a parcel proposed for development, showing the proposed street and lot layout, easements, dedications and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the parcel proposed for development.

Replat.

A subdivision plat which involves the resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot, or tract.

Plat vacation.

Plat vacation means an instrument that declares that a plat and its dedication is vacated or cancelled and that the land be converted to acreage.

Private sewage facility.

Any septic system or method for the storage, treatment or disposal of sewage other than an organized disposal system operated in accordance with the terms and conditions of a permit from the city.

Right-of-way.

Any travel way open to the general public for travel or land dedicated for eventual travel by the public. A dedicated right-of-way may, in addition to travel by the public, be used for installation of utilities or other public purposes.

Septic system.

A private sewage facility for disposing of sewage through soil absorption and includes as components the line from the building to the septic tank, the septic tank (with one or more compartments), and the soil absorption system or evapotranspiration beds.

Setback distance.

The minimum distance required between a structure and the front, side or rear boundary line of the parcel of land on which the structure is located.

Street.

The entire width of a right-of-way between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Arterial street.

An arterial street is a street that primarily provides vehicular circulation to various sections of the city, such as Redbud Trail.

Collector street.

A collector street is a street that primarily provides circulation within neighborhoods, to carry traffic from minor streets to arterial streets, or to carry traffic through or adjacent to commercial or industrial areas, such as Yaupon Valley Road.

Minor street.

A minor street is a street used primarily for access to abutting residential property, such as Flintridge Road.

Private street (access easement).

A private street (access easement) is a street which is not a public street or a public right-of-way, primarily for access to residential property.

Structure.

Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having a location on the ground.

Subdivider.

Any person or any authorized agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined in this section. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner of land sought to be subdivided.

Subdivision.

Subdivision means a division of any parcel of land situated within the corporate limits or the extraterritorial jurisdiction, in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to the city, or for laying out of suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto.

Subdivision of any lot, tract or parcel of land into two or more lots, units or sites, for the purpose of sale or of building development, whether immediate or future, and the vacation and resubdivision of land, lots or units, shall be subject to the prior approval of the city council or other approval authority in accordance with the terms of this article and applicable state law. The terms “subdivision” and “resubdivision” shall not include the conveyance or dedication to, any governmental entity of a portion of any lot, unit, tract or parcel of land for additional right-of-way for any existing public street or highway, whether by purchase or condemnation, provided that such government acquisition does not bisect the original tract into two or more lots, tracts or parcels, and provided in case of conveyance or dedication that such division be by metes and bounds description and not by plat and not be pursuant to or in connection with any division or redivision of any part of the unacquired portion of the tract that is not so acquired by or dedicated to the governmental entity. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, a condominium declaration, or by using any other method. A division of land under this definition does not include a division of land into parts greater than five acres, where each party has access and no public improvement is being dedicated.

Subdivision gross area.

The total area (in acres) of the land located within the boundary of a tract of land to be subdivided or joined into one or more lots.

Subdivision net area.

The area (in acres) of the land located within the boundary of a tract of land to be subdivided or joined into one or more lots after subtracting the area (in acres) of all public right-of-way(s) that are located within the boundaries of the land to be subdivided.

Submission.

A written request for a plat, replat, plan, or variance.

Surveyor.

A licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.

Tract of origin.

The parcel(s) of land in existence prior to being subdivided.

Unit.

A physical portion of a condominium designated for separate ownership or occupancy, the boundaries of which are described by the condominium declaration.

Utility easement.

An interest in land granted to the city, or to the public generally, or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of such utilities.

Yard.

The open area between building setback lines and lot lines.

Definitions not expressly prescribed in this section are to be construed in accordance with customary usage in municipal planning and engineering practices.

(Ordinance 2020-014 adopted 10/14/20)

§ 36.01.004 Special provisions.

Subdivision approval required.

No land in the city or its extraterritorial jurisdiction shall be divided into one or more lots or units until such subdivision of land has been approved by the city council or city administrator, where applicable, in accordance with the regulations in this article.

Prerequisites for issuance of permits.

No permit shall be issued pursuant to any city ordinance for any structure or for the repair, modification or installation of a private sewage facility upon any lot or unit in a subdivision or resubdivision for which a final plat has not been approved and filed for record by the city, or upon any lot or unit in a subdivision in which the standards contained in this article or referred to in this article have not been complied with in full.

Exemptions.

The provisions of subsection (b) of this section shall not be construed to prohibit the issuance of permits (except a private sewage facility permit) for any lot or unit upon which a safe building exists (see article 22.03) and upon which the building was in existence prior to March 9, 1994. The provisions of subsection (b) of this section shall not be construed to prohibit the repair, maintenance or installation of any street or public utility services for, to or abutting any lot or unit, the last recorded conveyance of which, prior to March 9, 1994, was by recorded subdivision, or lot therein, which subdivision was recorded by the city, and in existence prior to March 9, 1994.

Legal action.

On behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this article or the standards referred to in this article with respect to any violation thereof which occurs within the city as such jurisdiction is determined under V.T.C.A., Local Government Code chapter 42, or within any area subject to all or a part of the provisions of this article.

Exemptions pertaining to tracts of real property located in the city’s extraterritorial jurisdiction.

The following cited references to this article of the code shall not apply to tracts of real property located in the city’s extraterritorial jurisdiction:

Section 36.01.008(a)(1)(A).

Section 36.01.008(a)(1)(B).

Section 36.01.008(a)(1)(D).

Vacation of plan or plat; recording replat or resubdivision without vacation.

A replat or plat vacation, as defined by chapter 212.014, shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the following to be filed:

Three (3) half-sized copies to scale;

An electronic copy in a format deemed acceptable by city staff (i.e. PDF);

A completed application;

The required submission fee; and

A certificate or some other acceptable form of verification from Travis County Central Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property.

An application shall be deemed filed on the date which a complete submission for approval of a vacation of a plan or plat, or recording replat or resubdivision, that contains all required elements mandated by the Local Government Code and by this chapter, is deemed complete by the city administrator. To be considered complete, the submission must be rendered to the city within the timelines established by this chapter and accompanied by a check payable to the city in the amount of all applicable fees. It is only after the official filing date that any statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially filed until the city administrator determines that the submission is complete and a certificate of completeness is issued by the city administrator. Failure by the city administrator to make a determination of incompleteness within ten (10) business days following the date on which the submission was first received by the city, shall result in the submission being deemed administratively complete, the submission becoming an application, and the filing date shall become that day.

The proprietor of land covered may seek vacation of any subdivision plat or plan covered thereby at any time before the sale of any lot therein by a written instrument declaring the plat or plan to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the city council shall have been obtained. The execution and recordation of the instrument authorizing the vacation approved by the city council shall operate to destroy the force and effect of the recording of the subdivision plan, plat or replat so vacated.

In cases where lots have been sold, the subdivision plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots in the subdivision plat and with the approval of the city council. When the plat is vacated by the city council, the city secretary shall deliver to the county clerk the appropriate instrument so that the county clerk may indicate that the subdivision plan, plat or replat was vacated.

Any resubdivision or replatting of any existing subdivision or a portion thereof which cannot meet the criteria set out in subsections (6) and (7) of this subsection may be resubdivided and replatted without the vacation of the immediate previous plat after approval by the city council provided that the applicant has met all of the requirements of state law (see V.T.C.A., Local Government Code sections 212.014– 212.016).

(10)

When determining whether to grant a proprietor’s application to vacate a plat or plan, the city council to any such approval any reasonable and related terms or conditions necessary to mitigate any anticipated adverse effects upon neighboring properties or public infrastructure expected to result from the proposed vacation. The city council may decline to grant plat vacation if the city council concludes that the requested action would create a nonconforming use.

(11)

Per Texas Local Government Code, 212.015, if a proposed replat does not require a variance, the city shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 300 feet of the lots to be replatted according to the most recent city or county tax roll. Written notice shall be given by depositing a copy of the notice with postage paid in the mail addressed to each owner at the owner's address shown in the Travis County Appraisal District database. The notice shall include: (A) the zoning designation of the property after the replat; and (B) a telephone number and e-mail address an owner of a lot may use to contact the city about the replat.

Amending plats.

The city administrator may approve and issue an amending plat which may be recorded and is controlling over the preceding plat without vacation of that plat, provided the plat is signed by the applicants, for any one or more of the purposes set forth in the following subsections, and such approval and issuance shall not require notice, hearing or approval of other lot or unit owners. An amending plat, as defined by chapter 212.016, shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the following to be deemed filed:

Three (3) half-sized copies to scale;

A completed application;

The required submission fee;

An application shall be deemed filed on the date which a complete submission for approval of an amending plat, that contains all required elements mandated by the Local Government Code and by this chapter, is deemed complete by the city administrator. To be considered complete, the submission must be rendered to the city within the timelines established by this chapter and accompanied by a check payable to the city in the amount of all applicable fees. It is only after the official filing date that any statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially filed until the city administrator determines that the submission is complete and a certificate of completeness is issued by the city administrator. Failure by the city administrator to make a determination of incompleteness within ten (10) business days following the date on which the submission was first received by the city, shall result in the submission being deemed complete, the submission becoming an application, and the filing date shall become the 10th business day following initial receipt of the application by the city.

(h)

A minor plat shall meet all of the informational and procedural requirements set forth for a final plat, be processed as required by section 36.01.018 and the other applicable provisions of this code, and shall be accompanied by:

Three (3) half-sized copies to scale;

An electronic copy in a format deemed acceptable by city staff (i.e. PDF);

A completed application;

The required submission fee; and

Applicability of this section to existing lots or units.

This section shall not be construed to limit the rights to building permits on subdivisions and lots or units previously approved as to lot or unit size, lot or unit dimensions, lot or unit coverage, or building size, provided that all other provisions and related ordinances are complied with.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19; Ordinance 2025-005 adopted 6/25/2025)

§ 36.01.005 Preliminary conference.

Overview.

The preliminary conference process below is described sequentially. The purpose of the preliminary conference is to begin a dialogue between the subdivider and the city. A preliminary conference is required before a submission for a preliminary plat, minor plat, amending plat, plat vacation, or replat submission is submitted to the city.

Preliminary conference request submission.

Subdividers shall provide the city with the following information:

A description of the property proposed to be developed or subdivided;

The name of the current owner of record;

A statement of the subdivider’s interest in the property, i.e. ownership or otherwise;

The intended use of the proposed development or subdivision;

Payment of a filing fee as established by the council;

Proof of utility availability and required easements, including approved septic permit or central sewer, if applicable; and

Proof of approval of any county, Texas Department of Transportation driveway cuts and easements, or any other required state or county approval, as applicable.

Preliminary conference.

Upon receipt of preliminary conference request submission, the city administrator, or the director of building and development services, will schedule a preliminary conference. In addition to the city administrator and subdividers or their representative(s), the mayor or a councilmember, a commissioner, the city’s consulting engineer, and the director of building and development services should attend this conference, if possible. If the city’s consulting engineer attends the preliminary conference, it will be the subdivider’s responsibility to compensate for engineer’s time at the conference. The purpose of this preliminary conference is to review or establish:

The subdivider’s conceptual plans for the proposed subdivision.

The zoning status of the property to be subdivided if within the city limits.

Plans or policies that might affect the property to be subdivided.

Determine if any variance must be approved before the subdivider may submit an application for subdivision.

Determine if any other issues must be decided before the application for subdivision may be filed.

Conceptual plan.

The conceptual plan may be in sketch form and shall be prepared at a scale no smaller than one inch to 200 feet. The plan shall contain:

A north arrow and location map showing the location of the proposed subdivision in relation to major roads and topographic features.

The approximate location of the property boundaries to be subdivided. If the proposed subdivision is a portion of a larger tract of land, the exterior boundary of the parent tract shall be shown on the conceptual plan and the future plans for the remaining property shall be noted.

The approximate location, width, and surfacing of streets; approximate width and depth of all lots or units, alleys, and easements.

Major topographic features, such as creeks, bluffs, etc., on or adjacent to the property, contour lines of the proposed property (U.S. Geological Survey topographic maps are acceptable), designation of flood prone areas, approximate drainage system, any proposed changes to the existing contour of the land, and other information deemed pertinent.

Proposed approximate location of surrounding residences, businesses, industry, churches, park areas, and other land uses.

§ 36.01.006 Preliminary and final plat filing procedure.

A statement as to the ultimate jurisdiction for the maintenance of the roads and common areas within the subdivision.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

General.

After considering input received from the preliminary conference, the subdivider may submit a request for a preliminary or final plat and the following with the city:

A completed formal application for preliminary or final plat approval.

Payment of the fee established by the city council.

Proof of utility availability and required easements, including approved septic permit or central sewer, if applicable.

Proof of approval of any county, Texas Department of Transportation driveway cuts and easements, or any other state or county approvals, as if applicable.

Narrative describing how the plat meets each section of the city’s code related to the plat or which references approved variances.

For a final plat submission, the submission shall include the approved preliminary plat.

Zoning change or annexation request.

If a zoning change is required for a preliminary plat submission, or if the property owner desires annexation of the parcel to be platted, the subdivider shall be required to obtain all annexation and zoning approvals prior to submitting for preliminary plat approval. The preliminary plat application shall not be considered filed until any requested zoning or annexation request is finalized.

Time for filing and copies required.

Eight legible copies of the preliminary plat and an electronic copy in a format deemed acceptable by city staff shall be submitted to the zoning and planning secretary. Two copies for the city; for any other entity that has reviewing authority for the plat; two copies for the city’s consulting engineer; and one copy for Travis County Engineer.

Preliminary and final plat contents.

Please refer to section 36.01.007 for the required contents of the preliminary or final plat.

A preliminary or final plat shall meet all of the informational and procedural requirements set forth in section 36.01.007, and shall be accompanied by:

A completed application;

The required submission fee;

Tree survey as required by section 22.03.304.

An application shall be deemed filed on the date which a complete submission for approval of a preliminary or final plat, that contains all required elements mandated by the Local Government Code and by this chapter, is deemed complete by the city administrator. To be considered complete, the submission must be rendered to the city within the timelines established by this chapter and accompanied by a check payable to the city in the amount of all applicable fees. It is only after the official filing date that any statutory period required for approval or disapproval of the plat shall commence to run. No application shall be deemed officially filed until the city administrator determines that the submission is complete and a certificate of completeness is issued by the city administrator. Failure by the city administrator to make a determination of incompleteness within ten (10) business days following the date on which the submission was first received by the city, shall result in the submission being deemed complete, the submission becoming an application, and the filing date shall become the tenth (10th) business day following initial receipt of the application by the city.

Additional requirements.

Failure to provide the following information (when applicable) shall result in an incomplete submission.

List of property owners.

The preliminary plat submittal shall contain a listing of all adjacent property owners and other property owners within 200 feet of the property proposed to be subdivided, with addresses as recorded by the Travis County Appraisal District.

Texas Department of Transportation. In those cases where the proposed subdivision affects access adjacent to right-of-way under control of the Texas Department of Transportation, the applicant shall show approval of access and compliance with any comments of the Texas Department of Transportation prior to submission.

(h)

City engineer and building official review.

For determining whether a submission is administratively complete, the city’s engineer, the city’s building official, and director of building and development services shall within ten (10) business days from the date the preliminary or final plat submission:

Review and confirm that the information required is on or attached to the preliminary or final plat.

The engineer shall notify the applicant of any incomplete submissions and shall specify the necessary documents or other information needed to be provided to the city and the date the application will expire if the documents or other information is not provided.

The engineer shall advise the city of deficiencies noted and provide a copy of these deficiencies to the subdivider.

The preliminary plat shall only be filed once it is determined to be administratively complete by the city administrator in consultation with the city engineer and the city building official.

Processing of preliminary or final plat.

The subdivider shall submit complete copies of the preliminary or final plat and accompanying GIS data to the zoning and planning secretary as well as all other required documentation. The time periods for review and approval specified in this section shall not commence unless the plat and accompanying data are complete, all fees are paid, and the plat is deemed administratively complete and filed.

The zoning and planning commission, the city’s planner and/or engineer, and the city council shall check the preliminary or final plat as to its conformity with this article, the master plan, traffic plan, zoning districts and the standards and specifications set forth herein.

The city’s engineer shall return the preliminary plat data to the commission, city council, and the subdivider with recommendations as to modifications, additions or alterations of such plat data.

Within 30 days after the complete preliminary or final plat is filed, the commission shall:

Recommend approval of the preliminary or final plat,

Recommend disapproval of the preliminary or final plat with citation to the law, including statute or city ordinance, that is the basis for the disapproval, or

Recommend conditional approval of the preliminary or final plat with specific citation to the law, including statute or municipal ordinance, that is the basis for the conditions.

Within 30 days after the commission makes its recommendation the city council shall:

Approve the preliminary or final plat,

Disapprove the preliminary or final plat with citation to the law, including statute or city ordinance, that is the basis for the disapproval; or

Conditionally approve the preliminary or final plat with specific citation to the law, including statute or municipal ordinance, that is the basis for the conditions.

If the preliminary or final plat is disapproved, then the subdivider may submit to the city council a written response that remedies each reason for disapproval provided.

If the subdivider responds to the written comments, the city council will set a meeting within fifteen (15) days of resubmission to review the written comments. At the meeting the city council may:

Approve the conditionally approved or disapproved plat; or

Disapprove the plat based on noncompliance with city code or state law. If disapproved, the city council shall provide a written statement to the subdivider listing the deficiencies the plat has as related to specific city ordinances or other law.

Approval of a preliminary plat by the city council shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the final design and installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Approval of a preliminary plat shall not constitute automatic approval of the final plat or construction plans.

§ 36.01.007 Plat preparation, contents, and submittal.

Approval of a preliminary plat by the city council shall be effective for 365 calendar days.

(10)

If the final plat has not been accepted and recorded within six months of preliminary plat approval, the city administrator may, upon the application of the subdivider, extend the approval for an additional 365 calendar days.

(j)

Copy distribution.

Following the city council’s action, one of the three copies shall be returned to the subdivider, one shall be filed with the city secretary, and one shall be furnished to the city’s engineer.

(k)

Preliminary plat conditions.

Approval of the preliminary plat does not constitute acceptance of the subdivision but is authority to proceed with the preparation of construction plans or final plat. Any development within the subdivision before the final plat is accepted and recorded is performed at the risk of the subdivider. Approval of a preliminary plat expires at the end of 365 calendar days, unless a final plan of at least a portion of the tract has been submitted to the city. The commission may, if a written request from the subdivider is received prior to the end of the 365 calendar day period, grant an extension for up to 365 calendar days. Only one such extension shall be granted. If any major changes are required by the commission, the council may require submission of another preliminary plat.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

Generally.

The subdivider shall have a plat prepared by a surveyor or engineer in accordance with this section.

Early review.

To assist in meeting all the requirements of this article, applicants shall be required to attend a preliminary conference.

Formal application and filing date.

Subdividers shall apply by letter, accompanied by the original plat, three full-sized copies, an electronic copy in a format deemed acceptable by city staff, and all required attachments, addressed to the zoning and planning commission (ZAPCO) or city administrator as applicable. Applications must be administratively complete to be considered filed and shall be delivered to the city administrator, city secretary, or administrative secretary for zoning and planning, including all required approved variances, utilities, and other approvals. Administratively incomplete applications will not be accepted for filing.

Filing fee.

A filing fee set by the city council shall be paid at the time of submission.

Changes/updates; copies required.

Additional information, plat changes or updates may be submitted in response to comments/requests by the city staff or consultants; such submission will not be accepted after 5:00 p.m. of the Thursday prior to the ZAPCO meeting, if ZAPCO approval is required. Ten (10) administratively complete application packages are required before ZAPCO meetings, if ZAPCO recommendation is required. Ten (10) administratively complete application packages are required before the city council meetings, if city council approval is required. If the plat may be administratively approved as detailed in this ordinance, then such submissions shall be made to the city administrator.

Form and contents.

The plat shall be drawn in indelible ink or typed and, prior to recording, three copies on mylar or similar material eighteen (18) inches by twenty-four (24) inches shall be furnished to the city and the county clerk at the subdivider’s expense. The plat shall be drawn to a scale of hundred (100) feet to one (1) inch. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall show the following:

Preliminary plats.

The plat shall show the names and addresses of the subdivider, record owner, engineer and surveyor.

The plat shall show the proposed name of the subdivision, which shall not have the same spelling as or be pronounced similarly to the name of any other subdivision located within the city or within the area of extraterritorial jurisdiction of the city or within the county.

The plat shall show the names of contiguous subdivisions and the owners of contiguous parcels of subdivided and unsubdivided land, and an indication of whether or not contiguous properties are platted.

The plat shall show primary control points or descriptions, and ties to such control points, to which all dimensions, angles, bearings, block numbers and similar data shall be referred.

The plat shall show subdivision boundary lines, indicated by heavy lines, and the computed acreage of the total subdivision and each lot therein.

The plat shall show existing and proposed sites in a legible manner as follows:

The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate, and location of active private sewage drainfields.

The exact location, dimensions, description and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots, units, existing structures and other sites within the subdivision with accurate dimensions, bearing or deflecting angles with radii, area and central angles, degree of curvature, tangent distance and length of all curves where appropriate.

The location and size of existing water lines and fire hydrants and one copy of plans and profiles of all proposed water lines and fire hydrants as approved by Travis County WC&ID No. 10.

The plat shall show the 100-year floodplain limits of the floodway and elevation data bearing the seal of an engineer. In accordance with section 60.3(b)(3) of the National Flood Insurance Program regulations, all new subdivision proposals and other proposed developments greater than fifty (50) lots or units or five (5) acres, whichever is the lesser, shall include within such proposals base flood elevation data, including floodplain or other boundary lines, reference marks and elevation data (floodway, velocity zones, etc.) transferred from the flood hazard boundary map (FHBM) or the flood insurance rate map (FIRM). The data source and source date should also be included. All data shall bear the seal of an engineer.

The location of the fifty (50) foot undisturbed conservation easement required for all subdivisions larger than five (5) acres.

The date of preparation, scale of the plat and north arrow shall be shown.

The plat shall show density calculation based on total area of the subdivision in acres, multiplied by 0.67 and rounded down to the nearest whole number per section 36.01.008(2)(G) and a number (e.g., lot or unit 1, lot or unit 2, etc.) to identify each lot, unit or site and each block, and the exact (acreage) size of each lot.

The plat shall show the location of the city limits boundary line, the outer border of the city’s extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary. Zoning district classification within the corporate limits of the city, or land usage as shown in the master plan for the city’s extraterritorial jurisdiction, shall be designated on each lot or unit.

A vicinity sketch or map shall be included, which shall show existing subdivisions, streets, easements, rights-of-way, parks and public facilities in the vicinity. Such map shall be drawn at a scale in which such facilities can be clearly displayed.

The general drainage plan and ultimate destination of water, and possible storm sewer, water, gas, electric and sanitary sewer connections, shall be shown by arrows. Such facilities shall be drawn at a scale in which such data can be clearly displayed.

Plats shall indicate that each residential lot is of the minimum area prescribed in section 22.03.281(b), including public utility easements but excluding public streets and drainage easements. All lots or units shall have direct access to a public street.

(xii)

Plats for multifamily housing developments shall contain indications of lot or unit size for such development and an indication that each lot or unit contains a minimum of one-quarter acre per bedroom for each family unit. All other lots or units shall contain dimensional regulation requirements as provided in this article.

(xiii)

A statement shall be included covering all aspects of private sewage facilities in accordance with article 18.03.

(xiv)

(xv)

A statement shall be included as to the degree of lot or unit clearance planned and the methods for maximum preservation of live trees and vegetation, including the applicable percentage of impervious cover for the anticipated land usage.

(xvi)

The proposed plat and planned site improvement data shall be submitted on all nonresidential land usage subdivisions and residential land usage subdivisions over three lots or units, or five acres for review and recommendation by the city staff and consultants before referral to the commission and city council. Planned site improvement data includes the following information:

The existing and proposed conditions of the lot(s) or unit(s), including but not necessarily limited to topography, vegetation, drainage, floodplains and waterways;

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices. All driveways are limited to undeveloped slopes below 25 percent gradient; and

Any other information that may be reasonably required in order to determine whether the proposed development complies with the criteria and standards in this article and with the requirements of other city ordinances.

(xvii)

The subdivider shall be required to provide the city with a topographic map with contour lines at one-foot intervals for at least 25 feet upslope and at least 50 feet downslope of the proposed primary and alternate sewage disposal field areas as certified on a ground survey performed by a professional registered surveyor. The subdivider shall be required to provide the city with a topographic map with contour lines at two-foot intervals for property not designated for the primary and alternate sewage disposal areas as certified on a ground survey performed by a professional registered surveyor. New development on lots or units subdivided after July 1, 1991, shall not dispose of effluent on natural slopes in excess of 30 percent. Any submission including disposal of effluent in contravention of this section must include an approved variance from this section, as reviewed by ZAPCO and city council, or will not be considered administratively complete.

The plat shall include the following applicable certification, executed by the appropriate person pertaining to:

Streets and roads (county or city, as applicable).

Travis County Water Control and Improvement District No. 10 certification.

Feasibility certification of private on-site sewage disposal facilities.

Sanitation certification.

Floodplain certification.

Lot clearance and cover limitations.

Edwards Aquifer Recharge Zone certification, as applicable.

Owner’s acknowledgment.

Certification by the surveyor.

Certificate by the engineer (if applicable).

Certificate by the city arborist regarding Oak Wilt.

Examples of appropriate language for these certifications are set forth in appendix A to this article.

Final plat.

The plat shall show the names and addresses of the subdivider, record owner, engineer and surveyor.

The plat shall show primary control points or descriptions, and ties to such control points, to which all dimensions, angles, bearings, block numbers and similar data shall be referred.

The plat shall show subdivision boundary lines, indicated by heavy lines, and the computed acreage of the total subdivision and each lot therein.

The plat shall show existing and proposed sites in a legible manner as follows:

The location and size of existing water lines and fire hydrants and one copy of plans and profiles of all proposed water lines and fire hydrants as approved by Travis WCID No. 10.

The location of the fifty (50) foot undisturbed conservation easement required for all subdivisions larger than five (5) acres.

The date of preparation, scale of the plat and north arrow shall be shown.

Identify each lot, unit or site and each block, and the exact (acreage) size of each lot.

A vicinity map shall be included, which shall show existing subdivisions, streets, easements, rights-of-way, parks and public facilities in the vicinity. Such map shall be drawn at a scale in which such facilities can be clearly displayed.

Plats shall indicate that each residential lot is of the minimum area prescribed in section 22.03.281(b) or section 36.01.008(2)(D) and table 36-1, as applicable, including public utility easements but excluding public streets and drainage easements. All lots or units shall have direct access to a public street.

Plats for multifamily housing developments shall contain indications of lot or unit size for such lot development and an indication that each lot or unit contains a minimum of one-quarter acre per bedroom for each family unit. All other lots or units shall contain dimensional regulation requirements as provided in this article.

(xii)

A statement shall be included covering all aspects of private sewage facilities in accordance with article 18.03.

(xiii)

Applicants shall submit with plats copies of all deed restrictions, restrictive covenants, and declarations of covenants, conditions, and restrictions applicable to the land for approval. Such documents are discouraged and must specifically refer to the city’s master plan and must not conflict with the city code. The plat shall include a statement indicating such documents, with provisions for the document number in deed records.

(xiv)

(xv)

The proposed plat and planned site improvement data shall be submitted on all nonresidential land usage subdivisions and residential land usage subdivisions over three lots or units, or five acres for review and recommendation by the city staff and consultants before referral to the commission or city administrator. Planned site improvement data may be required to include the following information:

The existing and proposed conditions of the lot,(s) or unit(s), including but not necessarily limited to topography, vegetation, drainage, floodplains and waterways;

The plat shall include the following applicable certification, executed by the appropriate person pertaining to:

Streets and roads (county or city, as applicable).

Travis County Water Control and Improvement District No. 10 certification.

Feasibility certification of private on-site sewage disposal facilities.

Sanitation certification.

Floodplain certification.

Lot clearance and cover limitations.

Edwards Aquifer Recharge Zone certification, as applicable.

Owner’s acknowledgment.

Certification by the surveyor.

Certificate by the engineer (if applicable).

Certificate by the city arborist regarding Oak Wilt.

Examples of appropriate language for these certifications are set forth in appendix A to this article.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

§ 36.01.008 Construction plans.

After approval of the preliminary plat, but before submission for approval of the final plat, technical support data shall be furnished, in an overlay format approved by the city administrator, for the following:

Engineering plans and details for streets, drainage and underground utility requirements.

Twenty-five-year and 100-year flood and stormwater drainage easements and associated detention ponds and minimum flood elevations (MFE) for each affected lot or unit.

Proposed 3,000-square-foot building site for each lot or unit.

The proposed primary and alternate sewage disposal field areas for each lot or unit, as approved by the city, if any. A minimum of 6,000 square feet of area must be shown for both the primary and alternate sewage disposal field areas on natural slopes of less than 30 percent as certified by a ground survey. If a greater area is required by the most current version of Construction Standards for On-Site Sewerage Facilities, promulgated by the Texas Commission on Environmental Quality, and article 18.03, then that larger area must be shown for both the primary and alternate field areas. New development on lots or units subdivided after July 1, 1991, shall not dispose of effluent on natural slopes in excess of 30 percent. Any submission including disposal of effluent in contravention of this section must include an approved variance from this section, as reviewed by ZAPCO and city council, or the submission of the construction plans will not be considered administratively complete.

Existing effluent disposal areas known at the time of platting.

Proposed driveway location for each lot or unit on natural slopes of less than 25 percent grade.

Transparent, acrylic overlay map depicting topographic contour lines and highlighting the zero to 15 percent, 15 percent to 30 percent, and over 30 percent slope categories.

Copy of the water pollution and abatement plan (WPAP) as submitted to Texas Commission on Environmental Quality, if applicable.

§ 36.01.009 General rules and regulations.

Tree survey.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

No plat shall be approved by the city council or city administrator, as applicable, unless the lots conform to the following standards and specifications:

General standards.

Conformity with the comprehensive plan.

Subdivisions shall conform to article 28.02, attachment A and B, Master Plan, City of West Lake Hills. Assertions of nonconformance relying on subjective judgments without additional supporting rationale based on the remaining provisions of this article or the rest of the city’s Code of Ordinances other than the master plan shall not be valid grounds to recommend denial of, or to deny, subdivision applications.

Provision for future subdivisions.

If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future streets. A proposal of future subdivision layout shall be submitted along with the plan of the portion first to be subdivided.

Applicability of county street and drainage standards.

Unless otherwise provided for in this code, all subdivisions shall comply with the following sections of the most recent version of the Standards for Construction of Streets and Drainage in Subdivisions promulgated by Travis County:

Section 82.300 engineering standards;

Section 82.400 construction fiscal security;

Section 82.500 construction standards.

Compliance with diseased tree regulations.

Subdivision developers shall comply with the provisions of the city’s oak wilt diseased tree ordinance (article 24.04), as amended. A site inspection at the time of plat application shall be conducted to determine the existence and extent of oak wilt disease in the red oak and live oak species of trees. The city urban forester or arborist, trained and qualified to detect oak wilt disease, shall certify, in writing, the existence or nonexistence of the disease on the site within fourteen (14) business days of filing of the administratively complete application. This certification shall be accompanied by a map at a scale of one to 50, showing the exact location, species and trunk diameter of diseased trees, if applicable.

Subdividers/surveyors/developers/contractors/owners shall comply with the city’s environmental regulations, tree removal requirements, and tree replacement requirements, which can be found in article 22.03, division 9 of this code. The tree survey specified in section 22.03.303 of this code shall be submitted to the city administrator prior to consideration of the preliminary plat.

Flood hazard reduction.

Drainage of proposed subdivisions shall be designed to reduce exposure to flood hazards. Electrical, gas, sewer, water lines and other public utility facilities shall be located and constructed to minimize or eliminate the potential for flood damage.

Proposed subdivisions shall be consistent with sections 26.02.032 through 26.02.034 and 26.02.091 through 26.02.093 and shall meet the development permit requirements of sections 26.02.004 and 26.02.063.

Base flood elevation data shall be generated for subdivision proposals and other proposed development which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to section 26.02.003 or section 26.02.062(8).

Dimensional regulations.

No lot or unit shall have an area, depth or frontage less than that shown on the schedule of regulations in this subsection, and no lot or unit shall be less in width than the minimum lot or unit width shown on such schedule.

Measurement of lot or unit area, width and depth.

Area.

In computing the area of a lot or unit, no part of the street, public or private, shall be included.

Width.

The width of a lot or unit shall be measured along the front building setback line.

Depth.

The depth of a lot or unit shall be the horizontal distance between the front and rear lot or unit lines measured along a median between the side lot lines.

Measurement of building setbacks.

Front setbacks.

Front building setbacks extend the full width of the lot or unit. Their depth is measured from the front lot or unit line to the minimum front building setback line. At the front building setback line, the lot or unit shall be at least 150 feet wide.

Rear setbacks.

Rear building setbacks extend the full width of the lot or unit. Their depth is measured from the rear lot or unit line to the minimum rear building setback line.

Side setbacks.

Side building setbacks extend from the front setback line to the rear setback line. Their depth is measured from the side lot line to the minimum side building setback line.

Lots or units abutting on more than one street.

In the case of lots abutting on more than one public or private street, the full width of the front building setback shall be provided from each street.

Yards.

Yards are the open areas between building setback lines and lot or unit lines. A structure shall not be permitted in yards except as otherwise provided in other ordinances and regulations.

Residential lot or unit slope requirement.

At least 50 percent of the area of all lots or units must be situated on land having a natural slope of less than 30 percent.

Residential lot or unit density.

The density of residential subdivisions of two or more lots or units where the original tract is between two and five acres and the average slope of the tract is fifteen percent or greater shall not exceed the product of the net area of the subdivision in acres multiplied by 0.67, rounded down to the next whole number. For example, the density, or maximum number of lots or units, in a residential subdivision with a net area of 4.0 acres is two (2) lots or units (i.e. 4 x 0.67 rounded down to the next whole number of 2).

Once a subdivision has been completed under this section, the resultant plats are final and cannot be resubdivided. A plat note with this prohibition is required.

Average natural slope shall be calculated using the formula below:

S% = 0.0023 x I x L
A

S	=	Average natural slope of the parcel(s) in percent.
I	=	Contour interval of map in feet, with said contour intervals to be five feet or less.
L	=	Total length of the contour lines within the parcel(s) in feet.
A	=	Area of the parcel(s) in acres including any areas designated future development.
0.0023	=	Constant which converts square feet into acres.

Streets.

Street layout.

Subdividers shall provide adequate streets for proposed subdivisions. The arrangement, character, extent, grade, location, and width of each street shall consider existing and planned streets, topography, public safety, convenience, and its appropriate relationship to the proposed uses of land the street is to serve. Bends and turns shall maintain the minimum pavement width for the designed street category. Subdividers shall construct or improve portions of existing roadways abutting, bordering, or within proposed subdivisions if necessary for safe and convenient travel to or through such subdivisions. Curb cuts for proposed driveways require city approval prior to plat submission. A tract of land having a gross area of greater than 10.0 acres in size shall have at least one new internal public street as the primary access to and within the subdivision. At least 75 percent of the newly subdivided residential lots shall have direct driveway access to the internal street(s).

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 arrangement 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 150 feet shall be avoided.

Street intersections.

Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography. Street intersections and driveways shall be located in accordance with county standards for both minimum stopping sight distance and desirable sight triangles. Sight distance criteria shall conform to county standards and reflect geometric design guidelines proscribed by the American Association of State Highway and Transportation Officials (AASHTO).

Culs-de-sac.

In general, culs-de-sac shall not exceed 1,200 feet in length and shall have a turnaround of not less than 100 feet in diameter in residential areas, and not less than 200 feet in diameter in commercial areas.

Minor streets.

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

(H)

Private streets.

Private streets are prohibited.

(I)

Street design standards.

Street design standards shall be in accordance with table 36-2 and the street sections depicted on figures 36-1 through 36-3. Unless otherwise approved by the city council, new subdivision streets shall be planned, platted, designed, and constructed as minor streets and shall conform to all applicable provisions of section 22.03.250, especially with respect to emergency vehicle access.

(J)

Pavement widths and rights-of-way of streets forming part of subdivision.

Pavement widths and rights-of-way of streets forming part of the subdivision shall be as follows:

The subdivider shall dedicate a right-of-way of 50 feet in width for new arterial streets, and 30 feet of such right-of-way shall be paved.

Where the proposed subdivision abuts upon an existing street that does not conform to the city’s street standards, the subdivider shall dedicate right-of-way sufficient to make the full right-of-way conform to such standards. Before any pavement is laid to widen existing pavement, the existing pavement shall be cut back to ensure an adequate subbase and pavement joint.

(K)

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. Streets in the city shall not be named after individuals. All street names shall be approved by the city administrator.

(L)

Street signs.

Street signs shall be furnished and installed at the subdivider’s expense at all intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and shall be installed in accordance with standards of the city.

(M)

Street construction standards.

All dedicated streets within a new subdivision shall consist of a base with an asphaltic surface or of an unreinforced concrete pavement.

Base.

The base shall be as follows:

Flexible base.

The base material shall consist of crushed stone and shall meet the following grading requirements: Zero percent shall be retained on a two-inch sieve, and 60 to 85 percent shall be retained on a no. 40 sieve. Material passing the no. 40 sieve shall meet the following requirements: The liquid limit shall not exceed 40, and the plasticity index shall not exceed 12. The flexible base shall be compacted to a proctor density of 95 with a minimum depth of eight inches. Exceptions to the depth requirement may be made where the subgrade soil constants are such that the required stability may be met with a lesser depth; or

Stabilized base.

The stabilized base shall be a compacted stabilized soil-cement base with a proctor density of not less than 95 and a minimum depth of six inches.

Surface.

The surface shall be as follows:

Asphaltic surface types.

Either of the completed bases mentioned in subsection (i) of this subsection shall be surfaced with hot mix asphaltic concrete pavement, or an approved equal, which shall be laid at the rate of 150 pounds per square yard, providing a pavement of 1-1/2 inches in depth; or

Unreinforced Portland cement.

Surfacing may be unreinforced Portland cement concrete pavement of six inches in depth, containing a minimum of five sacks of cement per cubic yard, and which shall attain a minimum compressive strength of 3,500 pounds per square inch in 28 days.

Curbs and gutters.

Curbs and gutters may be required on streets within the subdivision along lines and grades authorized by the city.

Sidewalks.

Sidewalks may be installed:

On Bee Cave Road (both sides) and Westlake Drive (east side) as deemed necessary by the city council or city administrator for administrative approvals;

As deemed necessary by the city council or city administrator for administrative approvals; in commercial, public or multifamily areas; and

As recommended by the city council or city administrator for administrative approvals.

Water installations.

Water supply and distribution.

All subdivisions shall be provided with an adequate water supply and water distribution systems for residential or nonresidential use and fire protection approved by the city and Travis County WCID No. 10. Private water wells on individual residential lots or units may be authorized.

Fire hydrants.

Standard fire hydrants shall be installed every 500 feet as part of the water distribution system. The hydrants shall meet the specifications of Travis County Emergency Service District No. 9 and placement of the hydrants shall be approved prior to plat submission.

Sewage disposal.

Proposed subdivisions shall be planned with city-approved sewage disposal systems with provisions for perpetual maintenance thereof. If private on-site sewage disposal facilities (septic systems) are to be installed, subdividers shall conform to section 36.01.010 of this code. If an organized sewage disposal system (central sewer) is to be installed, the plans for such system must comply with state regulations, be recommended for approval by the city’s consulting engineer, and approved by the city council prior to the filing of the plat.

Utility lines.

Where possible, all utility lines that pass under a street shall be installed before the street is paved. When it is necessary that utility lines pass under the street pavement, they shall be installed underground to a point at least two feet from the edge of the right-of-way. All subdivisions with four or more lots or units shall be provided with underground utility services.

Drainage.

The City of West Lake Hills’ Drainage and Erosion Control Manual, as adopted March 2018 is hereby designated and adopted as the drainage and erosion control criteria and policy of and for the city and within all areas subject to the city’s extraterritorial jurisdiction.

Whenever the standards and specifications of this article conflict with another provision of this code, the most stringent or restrictive provision shall govern.

The interpretation of the requirements set forth in this section shall be made by the city administrator or designate, unless specified otherwise by the council. The developer shall be responsible for the conveyance of all storm drainage flowing through or abutting the subject property, including drainage directed to the property by prior development as well as that naturally flowing by reason of topography.

Where new drainage improvements are required along the boundary of a site, the owner proposing development shall be responsible for designing and constructing all the required improvements at or before the time of development, including the dedication of all necessary rights-of-way or easements necessary to accommodate the improvements. Where the developer proposes to develop only a portion of the property, only the drainage improvements for the portion being developed shall be required to be installed, except as drainage improvements outside the portion being developed are deemed necessary by the city for proper drainage of the portion being developed. All public improvements shall be inspected and accepted by the city before a final plat submission will be accepted (when applicable) or a bond is approved for any public improvements that are not yet completed pursuant to section 36.01.015.

Drainage patterns should be designed to prevent erosion, maintain filtration and recharge of local seeps and springs, and attenuate the harm of contaminants collected and transported by storm water. Overland sheet flow and natural drainage features and patterns shall be maintained to the greatest extent reasonably possible and the dispersion of runoff back to sheet flow shall be the primary objective of drainage design where possible, depending on volumes and velocities of runoff for the development, as opposed to concentrating flows in storm sewers and drainage ditches.

Construction of enclosed storm sewers and impervious channel linings are permitted only when the city finds that the use of open and/or natural channels is not practical.

If storm sewers are deemed necessary, the developer shall design the drainage system to mitigate its harmful impact on the environment by using structural devices or other methods to prevent erosion and dissipate discharges from outlets wherever practicable, and by loading discharges to maximize overland flow through buffer zones or grass lined swales.

(H)

The responsibility of the developer shall extend to the provision of adequate off-site drainage facilities and improvements to accommodate the full effects of the development of said property.

(I)

When the developer certifies by affidavit that a bona fide attempt to acquire property rights to meet off-site drainage requirements was not successful, the city may assist at its discretion in the acquisition of necessary property rights to provide for the construction of off-site drainage improvements. In such cases, the developer shall make adequate guarantees that the developer will fund the full cost of acquiring said property rights and constructing the off-site improvements and facilities.

(J)

Unless otherwise specified herein, the design of all storm drainage facilities shall at least meet the requirements of the City’s Drainage and Erosion Control Manual as adopted.

(K)

Computation of runoff shall be based on a fully developed drainage area, or watershed, in accordance with the minimum provisions of the City’s Drainage and Erosion Control Manual. The drainage system shall be designed to convey the theoretical two, ten- and 25-year storm as predicted in the Drainage Criteria Manual, as amended. The design shall further provide for system overflows from larger storms up to the intensity of 100-year storm without increasing the risk of flood damages to development.

Critical environmental features shall have a standard setback of 150 feet around said feature. An administrative variance may be granted by the city engineer for a 50-foot setback on the downstream side only of said feature.

The rate of runoff after construction shall not exceed the site’s runoff rate prior to construction. Rate of runoff shall be computed on a two, ten- and 25-year storm peak flow using the City of West Lake Hills’ Drainage and Erosion Control Manual.

Surface drainage channels shall be designed to reduce velocity, minimize potential erosion and to maximize the bottom width to flow depth ratio, in accordance with the following criteria:

Channel cross-sections shall be trapezoidal in configuration.

Side slopes of channels shall be no steeper than four horizontals to one vertical.

For a six-month design storm assuming wet antecedent conditions, channel bottom flow depth shall not exceed four inches and design flow velocity shall be two and one-half feet per second.

All constructed and altered drainage channels shall be stabilized and vegetated immediately after final grading.

The city council may allow exceptions to the design flow velocities or depths in limited transitional channel sections (such as culverts, culvert entries and exits, drop sections, and sharp bends) or on lands with greater than fifteen (15) percent slope, or less than two percent (2%) slope; provided that the design flow velocity shall never be greater than three (3) feet per second or design depth greater than six (6) inches.

(L)

Easements.

Public drainage easements shall include all drainage at least to the limits of the 25-year flood as indicated on the floodplain maps or as determined on the basis of the Drainage and Erosion Control Manual, as amended. All drainage easements across private property shall contain the necessary language to permit the required unobstructed water flow, require maintenance of vegetation by the property owner(s), and permit the necessary access by city officials for inspection and repairs. The minimum drainage easement width shall be 25 feet. All easements, 25- and 100-year floodplain boundaries shall be clearly shown on drainage plans and the site plan.

(M)

Roadway drainage.

As a general rule, drainage carried in roadside channels shall be minimized and off-roadway locations shall be used as the primary drainage network whenever practicable. When roadside channels are required, they shall be contained within a dedicated right-of-way or right-of-way easement. Channel side slopes shall be no steeper than four to one, except for curves and transitions where slope stabilization acceptable to the city administrator may be allowed. Roadways shall be designed for fordable driveway approaches whenever practicable. All driveways shall be designed such that drainage flow from a 100-year storm shall not exceed a depth of 12 inches on any portion of the driveway. Should driveway culverts be required, the culvert design capacity and general location shall be shown on the construction plans. Minimum driveway culvert diameter shall be 12 inches. In no case shall driveway approaches constitute a blockage of roadway drainage.

(N)

Maintenance and compliance.

All drainage facilities located in the street rights-of-way shall be maintained by the appropriate jurisdiction. The property owner shall maintain all drainage facilities located on private property. Duly authorized inspectors of the city shall have the right of entry on the land or premises where property owners are required to maintain drainage facilities or detention facilities, at reasonable times, for the purpose of inspection of the maintenance required. Where noncompliance is found, the city shall request in writing that the property owner comply. This notice shall describe the measures required to be taken. If the required maintenance is not accomplished within three months of the notice, the city shall either:

Cause the necessary restoration to be accomplished and assess the property owner for the city’s actual cost; or

Bring an action for mandatory injunction to require the property owner to accomplish the necessary maintenance.

Miscellaneous provisions.

Lot or unit width on cul-de-sac.

For residential lots on cul-de-sac turnarounds, the minimum lot or unit width at the front street property line shall be 33 feet measured along the chord of the arc.

Streets not to be included as part of lot or unit size.

Public or private streets shall not be included in lot or unit size as a part of the minimum one-acre size.

Access to public street.

Each lot or unit shall have access to a public street. Where private streets grant such access, the size of such private streets shall not be included to meet minimum lot sizes. A tract of land having a gross area of 10.0 acres or less in size may have direct driveway access from all subdivided residential lots or units to existing public streets, provided the city administrator finds that such driveway access meets all other applicable city code requirements and is in the best interest of public health, safety and welfare.

§ 36.01.010 Residential subdivisions of five acres or greater.

Direction of side lot or unit lines. Side lot or unit lines shall be substantially at right angles to straight street lines and radial to curved street lines.

(10)

Additional standards.

Unless otherwise provided in this article, all improvements in subdivisions shall conform to the latest edition of the Standards for Construction of Streets and Drainage in Subdivisions approved by order of the commissioner’s court of the county.

(11)

The plat shall set forth all required executed certifications as specified in section 36.01.007(f)(19).

(12)

Use of professional services.

The city shall have the right to select and engage sanitarians, engineers, or other professionals, or any combination thereof, to conduct investigations, tests, examine plans and specifications, present evidence, advise and represent the city, and assist the applicant in the development of a private sewage facility or water retention and drainage facility in accordance with the provisions of this article. The applicant shall be required to reimburse the city for reasonable costs of such services.

TABLE 36-2 SUMMARY OF STREET DESIGN STANDARDS
SUBJECT	MAJOR THOROUGHFARES
	Arterial [Example: Redbud to west of Westlake Dr]	Collector [Example: Yaupon Valley Rd]	Minor Streets. Private Streets, & Access Easements [Subdivision Streets]	Bee Cave Road (Texas RM 2244)	Westlake Drive, Westbank Drive, & Redbud Trail
1. Right-of-way widths with curb & gutter
A. Maximum width with curb & gutter (feet)	50	40	34
B. Minimum width with curb & gutter (feet)			30	120	70²
2. Right-of-way width without curb & gutter
A. Maximum width without curb & gutter (feet)	60	50	46	120
B. Minimum width without curb & gutter (feet)			42
3. Pavement width
A. Maximum (feet)	30	20	18	To be determined	70²
B. Minimum (feet)			14
4. Pavement section³
A. Flexible base (inches)	8	8	8	8	8
B. Stabilized subgrade (inches)	6	6	6	6	6
C. Asphalt pavement (inches)	5-1/2	3-1/2	2	8	8
D. Concrete pavement (inches)	6	6	6	6	6
5. Number of traffic lanes	2	2	2	5	3
6. Lane widths (feet)	15	10	7–9	12–14	10–14
7. Design speed (mph)	30	25	15–20	35–45	30
8. Minimum grade (%)	0	0	0	0	0
9. Maximum grade (%)	20	20	20	20	20
10. Stopping sight distance (feet)	410	300	210	800	510

1	Redbud Trail east of Westlake Drive to the City Limits.
2.	Westlake Drive and Redbud Trail shall be a minimum of 70 feet in width within 500 feet of the north right-of-way line of the intersection of Redbud Trail and Westlake Drive, respectively, with Bee Cave Road (Texas RM 2244).
3.
	a.	Collector streets must have 3 foot stabilized shoulders on each side.
	b.	Minor streets and private streets (access easements) must have two foot stabilized shoulders on each side.
	c.	The flexible base material shall consist of crushed stone and shall meet the following grading requirements: Zero percent shall be retained on a two-inch sieve, and 60 to 85 percent shall be retained on a no. 40 sieve. Material passing the no. 40 sieve shall meet the following requirements: The liquid limit shall not exceed 40, and the plasticity index shall not exceed 12. The flexible base shall be compacted to a proctor density of 95 with a minimum depth of eight inches. Exceptions to the depth requirement may be made where the subgrade soil constants are such that the required stability may be met with a lesser depth; or
	d.	The stabilized base shall be a compacted stabilized soil-cement base with a proctor density of not less than 95 and a minimum depth of six inches.
	e.	The street surface shall be surfaced with hot mix asphaltic concrete pavement, or an approved equal, or shall be surfaced with reinforced Portland cement concrete pavement of six inches in depth, containing a minimum of five sacks of cement per cubic yard, and which shall attain a minimum compressive strength of 3,500 pounds per square inch in 28 days.

Figure 36-1

Figure 36-2

Figure 36-3

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

Generally.

Proposed subdivisions of five acres or greater shall comply with the provisions of this section and with the general rules and regulations of this article.

Density.

The density of residential subdivisions of two or more lots or units shall not exceed the product of the net area of the subdivision in acres multiplied by 0.67, rounded down to the next whole number. For example, the density, or maximum number of lots or units, in a residential subdivision with a net area of 10.0 acres is six (6) lots or units (i.e. 10 × 0.67 rounded down to the next whole number of 6). Once a subdivision has been completed under this section, the resultant plats are final and cannot be resubdivided. A plat note with this prohibition is required.

Streets.

Maximum right-of-way width for roadways shall be 30 feet. Pavement width shall not exceed 20 feet. Variances to this requirement may be granted only if the fire department serving the proposed subdivision asks the city in writing that the streets be wider for public safety considerations.

Proposed streets shall be considered in their relationship to existing and other planned streets, to topographical conditions public safety and commerce, and in their appropriate relationship to the proposed uses of land to be served by the street. Removal of mature trees which are required to be shown on the preliminary plat shall be avoided whenever possible in the placement of street rights-of-way. To the maximum extent feasible, streets shall be configured to avoid clearing or cutting standing trees of six inches and greater in diameter measured at four and one-half feet above the grade.

Divided roadways at subdivision entrances and medians in streets are prohibited.

Where necessary to the neighboring subdivision pattern, existing streets shall be continued and connected to other public streets.

Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall provide for the anticipated projections into the adjoining areas.

Streets shall be laid out so as to discourage their use by cut through traffic in the subdivided area or through adjoining neighborhoods.

Lot or unit configuration.

Flag-shaped lots or units are discouraged except in unique circumstances.

Irregularly shaped lots or units are discouraged and are prohibited unless they have a street frontage of at least 100 feet on a standard street and at least 60 feet of frontage on a cul-de-sac.

Conservation area.

Using plat notations and restrictive covenants, subdividers shall provide conservation areas of at least 50 feet in width around the perimeters of subdivisions.

Existing foliage in conservation areas shall not be disturbed; however, additional native vegetation may be planted to more effectively screen improvements in the subdivision.

Conservation areas shall count toward the one-acre minimum lot or unit size but shall contain no improvements except necessary drainage controls, streets, and sole-access driveways.

Drainage improvements.

All required drainage controls and detention ponds shall be faced with limestone rock and shall be constructed so as to appear as natural in character as possible.

Drainage improvements shall be landscaped with native plants and shall contain no ornamental features, e.g. fountains.

Drainage improvements shall be designated as open space and shall not count toward the one-acre minimum lot or unit size requirement.

Drainage improvements shall be constructed in easements dedicated by plat and shall be owned and maintained by the lot or unit owner or the home/property/condominium owners’ association.

Process.

Applicants for subdivision of a tract of five acres or greater shall use the preliminary conference process in section 36.01.005 and the preliminary platting procedure in section 36.01.006.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

§ 36.01.011 Private sewage facilities.

All proposed subdivisions within the city shall comply with the construction standards for on-site private sewage facilities as adopted by the Texas Commission on Environmental Quality pursuant to V.T.C.A., Health and Safety Code chapter 366, published as Texas Commission on Environmental Quality Rules which have been recodified as 30 TAC 285.11 through 285.18 (Texas Commission on Environmental Quality).

No subdivision plat shall be recorded until approved by the city pursuant to this section.

All plats shall meet the requirements of this article and the floodplain ordinance (article 26.02) and shall show any existing private sewage facilities as part of the technical support data submission requirement, as outlined in this article.

Before the city will consider a plat submission filed, the subdivider shall demonstrate and certify that all lots or units, other than those served by an organized sewage system (central sewer), will support the installation of private on-site sewage disposal facilities.

In determining whether lots or units will support private on-site sewage disposal facilities, the city may require such information, supporting data, profile holes, soil borings, or other tests reasonably necessary to determine whether disposal systems, including sufficient usable land for primary and alternate drain fields of 6,000 square feet each on natural slopes of less than 30 percent, will function properly on each lot in the subdivision in accordance with the criteria of this division. The subdivider shall bear the cost of all tests and the city shall have the right to witness all tests and inspect the property. All tests must be certified by a registered professional engineer, registered sanitarian, or other person whom the city deems qualified to make such determination.

If the city has determined that any lot or unit in the subdivision is not suitable for a disposal system, the plat shall not be considered filed unless the legend also contains substantially the following additional language:

Notice: Lot or unit (designating the lot or unit by number) has been determined not suitable for septic system development.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

§ 36.01.012 Procedure for variances.

Procedure for variances shall be administered in compliance with the rules established by sections 38.02.006(b) and 38.02.008.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

§ 36.01.013 Criteria for variances.

All requests for variances from this article must be submitted in writing to the zoning and planning commission. Once a variance application has been deemed administratively complete by the city administrator, the commission must consider the item at its next meeting, subject to applicable notice requirements under the Texas Open Meetings Act and city code. Upon request of applicant, the commission may allow one postponement of the variance request to the following regular meeting of the commission, at which meeting the commission must either make a recommendation or forward the variance request to the board of adjustment/city council without a recommendation.

Upon recommendation of the zoning and planning commission, the city council may authorize a variance from the regulations in this article when, in its opinion, undue hardship will result from requiring strict compliance. In making the findings required in this section, the commission shall take into account the nature of proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be recommended or approved unless the commission or city council finds that:

There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of the applicant’s land;

The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area;

The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this article; and

The variance request is of such a minor nature that the spirit and intent of this article are not violated.

Such findings of the commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the commission meeting at which such variance is recommended. Variances may be recommended only when in harmony with the general purposes and intent of this article so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.

Any recommendations or findings of the zoning and planning commission may be appealed to the city council. The city council may reverse such recommendations or findings by simple majority vote of those present. This appeal must be filed in writing within 30 calendar days.

No variance of the minimum lot dimension requirements shall be recommended by the zoning and planning commission and granted by the city council except after a public hearing wherein notice is given to owners of real property within 200 feet of the boundaries of the subject property as provided for in section 36.01.007.

If the variance application(s) are denied or withdrawn prior to approval, the applicant has ten (10) days to bring the property into compliance. If the deviation(s) are not corrected within the ten (10) days or timeframe agreed to, in writing, by the city administrator, immediate enforcement action described by section 2.02.041 of this code may be taken to bring the property into compliance. A resulting conviction in municipal court shall not relieve any person from fully complying with any other requirement of this chapter.

§ 36.01.014 Limitations on reapplication.

No submission for a plat shall be accepted that requires a variance as discussed in this section unless the submission includes proof of variance approval by the city council.

(Ordinance 2021-004, att. E, adopted 6/23/21; Ordinance 378 adopted 9/11/19)

No reapplication for a variance denied under this chapter may be filed by the same applicant within 365 days of the date upon which the city council denied such variance, request or application, unless other property in the immediate vicinity has, within the 365-day period, been changed or acted on by the board of adjustment or city council so as to alter the facts and conditions upon which the previous city council action was based. Such change of circumstances shall permit reapplication for the variance prior to the expiration of the 365-day period. Such subsequent reapplication shall be considered entirely on its merits and the peculiar and specific conditions related to the property with reference to which such proceeding is brought.

(Ordinance 378 adopted 9/11/19)

§ 36.01.015 Installation costs and bonds.

All expenses for the installation of utilities, water, sewer extensions, streetlights, signs and public streets, and all other installation expenses associated with the subdivision or minor plat, shall be borne by the subdivider. Before the plat is filed of record the applicant shall file with the city a corporate surety bond, in a form approved by the city attorney, in favor of the city, or cash escrow agreement as approved by the city attorney, in an amount equal to the cost of 110% of the installation expenses, to guarantee performance and completion of all such installations. Such bond or cash escrow shall be conditioned upon the applicant’s compliance with this article and other ordinances of the city, and shall secure and may be used for the payment of any and all damages to persons or property which damages arise from, or are caused by, any act or conduct of or authorized by the applicant upon which any legal judgment results. No work may commence on any such installation until such performance bond or cash escrow has been posted and approved by the city.

(Ordinance 378 adopted 9/11/19)

§ 36.01.016 Submission of plan of entire subdivision where subdivision is portion of larger tract.

When the subdivision is a portion of a tract later to be subdivided in its entirety, a general development plan of the entire subdivision, showing a schematic layout of the entire tract, shall be submitted with the preliminary plat submission of the portion first to be subdivided.

(Ordinance 378 adopted 9/11/19)

§ 36.01.017 Release of easement.

Purpose and intent.

The purpose of a release of easement is to nullify a portion or the entire easement established by a previously recorded plat or by separate instrument. A release of easement may be initiated by the respective lot owner(s) or by the city.

Application procedures.

An applicant shall submit a release easement application containing a metes-and-bounds description and sketch of the proposed area to be released and signed by the owner of the land to the city administrator. The city administrator, or his or her designee, shall review the application and forward it to the zoning and planning commission (ZAPCO) for hearing and recommendation to the city council. If ZAPCO determines that the requirements in this section and all legal requirements have been met, ZAPCO shall forward the application along with its recommendation to the city council for approval. If ZAPCO determines that the requirements in this section have not been met, the request for a release of easement shall be denied.

Application requirements.

A release of easement application must include the following:

A copy of the deed(s) identifying the owners of the property;

If the applicant is not the owner, then a letter granting the owner’s permission to apply for the release requested;

A copy of the instrument granting the easement (either the plat showing the easement, or a separate document recorded in the official records of the Travis County);

A signed letter (in the format provided below) by the owners of the property to the chair of the zoning and planning commission containing the following:

A metes-and-bounds description and sketch of the easement or portion of the easement to be released, prepared by a registered surveyor (the portion to be released should be cross-hatched);

An explanation of the purpose of the release requested;

Signatures by each of the applicable entities authorized to use the easement agreeing to the requested easement release;

Payment of all applicable fees in accordance with the fee schedule adopted by the city council.

Notice of hearing.

For any hearing conducted on the release of easement on a residential property, written notice of such hearing shall be given to the owners of all real property located within 300 feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. For any hearing on release of easement on a nonresidential property, written notice of the hearing shall be given to the owners of all real property located within 300 feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ.

Notice shall be given not less than sixteen (16) days prior to the date of the hearing before ZAPCO by depositing a copy of the notice in the mail addressed to each owner at the owner's address shown in the Travis Central Appraisal District database, with postage paid.

Failure to comply with requirements or obtain all approvals.

A release or partial release of an easement is not guaranteed. If one of the utilities with an interest in the easement refuses to grant the release or partial release then the city cannot approve the release of the easement.

(Ordinance 378 adopted 9/11/19; Ordinance 2025-005 adopted 6/25/2025)

§ 36.01.018 Minor plat.

Purpose and intent.

The purpose of the minor plat is to establish a simplified and expedited procedure for the platting of a previously unplatted lot or unit not requiring public improvements.

Criteria.

The zoning and planning commission shall review all applications for minor plats. The zoning and planning commission may recommend approval and city council may approve the issuance of a minor plat provided the plat meets the following criteria and is in accordance with the city’s master plan:

The plat is for no more than four (4) lot(s) or unit(s);

No new public street shall be necessary the lots or units to access a public street; and

No off-site improvements to the city’s infrastructure are determined by the city to be necessary to serve the lots or units.

Application requirements.

The content and applicable fees of the minor plat application shall correspond with the content and fees for final plats as required by section 36.01.007 of this code, except that:

Plans for proposed streets, alleys, drainage, or other rights-of-way are not required;

Plans for proposed improvements to waterlines or city infrastructure are not required;

Tax certificates from all applicable taxing authorities confirming that all taxes due on the property have been paid are required;

A metes-and-bounds description or detailed map delineating the unplatted lot to be platted and the metes-and-bounds description or detailed map delineating the minor plat, prepared by a registered surveyor;

The city council may permit omission of any informational requirements that are determined by the city council to place an excessive burden on the applicant and are not necessary for the city council’s review of the application, including, but not limited to contours, centerlines of existing watercourses, etc.; and

The waiver of any requirements for plats under this section shall not be interpreted as a waiver for any subsequent replat or plat amendment.

Application review and approval.

The procedure for review and approval of a minor plat is as follows:

Prior to submission of a request for a minor plat, an applicant shall participate in a preliminary conference as required by section 36.01.005.

After a preliminary conference, applicant may submit a minor plat submission which shall comply with subsection (c) with the city administrator.

The city administrator or city administrator’s designee shall within ten (10) business days from the date the request for a minor plat:

Review and confirm that the information required is on the minor plat.

Notify the applicant of any incomplete submissions and shall specify the necessary documents or other information needed to be provided to the city and the date the application will expire if the documents or other information is not provided.

The minor plat application shall only be filed once it is determined to be administratively complete by the city administrator or the administrator’s designee. Failure by the city administrator to make a determination of incompleteness within ten (10) business days following the date on which the submission was first received by the city, shall result in the submission being deemed complete, the submission becoming an application, and the filing date shall become the tenth (10th) business day following initial receipt of the application by the city.

The minor plat application may be submitted without approval of a preliminary plat or construction plans to the city administrator for review. Once the application has been determined to be completed, the city administrator shall submit the application to the city engineer for review and recommendation before the zoning and planning commission may approve the application. Any expenses incurred for the city engineer’s review shall be at the cost of the applicant seeking approval.

Within thirty (30) days of receipt of a complete application, the zoning and planning commission may:

Recommend approval of the minor plat;

Recommend disapproval of the minor plat with citation to the law, including statute or city ordinance, that is the basis for the disapproval; or

Recommend conditional approval of the minor plat with specific citation to the law, including statute or municipal ordinance, that is the basis for the conditions.

Within thirty (30) days of receipt of the recommendation from the zoning and planning commission, the city council shall:

Approve the minor plat;

Disapprove the minor plat with citation to the law, including statute or municipal ordinance, that is the basis for the disapproval; or

Conditionally approve the minor plat with specific citation to the law, including statute or municipal ordinance, that is the basis for the conditions.

If the minor plat is conditionally approved or disapproved, then the subdivider may submit to the city council a written response that remedies each reason for disapproval or each condition provided.

If the subdivider provides written responses, the city council shall review the responses within fifteen (15) days of their submission. After the review, the city council may:

Approve the conditionally approved or disapproved plat; or

§ 36.01.019 Conflict with other ordinances.

Recording.

Upon approval, the recordation procedures for the minor plat shall be the same as the procedures for the final plat under this chapter of this code.

(Ordinance 378 adopted 9/11/19)

Whenever the standards and specifications in this article conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.

(Ordinance 378 adopted 9/11/19)

§ 36.01.020 Remedies for violations.

Prosecution or conviction under section 1.01.013 shall never be a bar to any other remedies or relief for violations of this article.

A fine or criminal penalty for violation of the provisions of this article do not apply to a violation concerning a tract of real property in the extraterritorial jurisdiction of the city.

Appendix A. Required Statements and Certifications for All Plats

(a) Owner’s acknowledgement.

STATE OF TEXAS

COUNTY OF TRAVIS

WHEREAS, _____, the owner(s) of _____ acres of land out of the _____ Survey, Abstract No. _____ of Travis County, Texas, conveyed to me (us) by deed recorded in Volume _____, Page _____, of the Travis County Deed Records;

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I (we) the undersigned owner(s) of the land shown on this plat, and designated herein as the _____ Subdivision of the City of West Lake Hills, Travis County, Texas, and whose name is subscribed hereto, hereby subdivides said _____ acres of land to be known as the _____ Subdivision and do hereby dedicate to the use of the public forever all streets, alleys, parks, watercourses, drains, public easements, and public places thereon shown for the purposes and consideration therein expressed.

WITNESS MY HAND this _____ day of _____, 20 _____.

_____

Name, Record Owner

_____

Address

STATE OF TEXAS

COUNTY OF TRAVIS

BEFORE ME, the undersigned authority, on this day personally appeared _____, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of _____, 20 _____.

_____

Notary Public in and for Travis County, Texas

My Commission expires:

(b) Certification by Water Control and Improvement District No. 10. The tract of land described on this plat is within the boundaries of Travis County Water Control and Improvement District (WCID) No. 10 and has water service available.

DATED: __________

__________

President of the Board WCID No. 10

Certification by the city administrator.

I, the undersigned, City Administrator of the City of West Lake Hills, Texas, hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City for which my approval is required.

DATED: __________

__________

City Administrator City of West Lake Hills, Texas

Certification of the surveyor responsible for surveying the subdivision area, attesting to its accuracy.

STATE OF TEXAS

COUNTY OF TRAVIS

I, the undersigned, a __________ (Registered Professional Engineer/or Public Surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from the actual survey of the property made under my supervision on the ground.

DATED:__________

(Engineer or Surveyor’s Seal)

__________

Registered Professional Engineer or registered Public Surveyor

Recommendation by the zoning and planning commission (ZAPCO) of the city.

This plat has been submitted to and considered by the Zoning and Planning Commission (ZAPCO) of the City of West Lake Hills, Texas.

__________

ZAPCO Chairperson City of West Lake Hills, Texas

Approval by the city council.

Approved and authorized for record by the City Council of the City of West Lake Hills, Texas.

DATED this __________ day of __________, 20 __________.

__________

Mayor City of West Lake Hills, Texas

ATTEST:

__________

City Secretary

Notes.

Septic tank note.

Septic systems: Every lot within the City’s municipal boundaries in this subdivision is subject to Chapter 18 of the West Lake Hills Code, as amended. No septic system or other private sewage facility may be constructed in the City until the City of West Lake Hills has issued a permit for its construction. No private sewage facility in the City limits may be used until the facility has been approved and licensed by the City. Lot size requirements for residential and commercial private sewage facilities shall conform to construction and development limitations in Chapter 18 of the West Lake Hills Code, as amended.

Site clearance, site disturbance and impervious cover note.

Site clearance, site disturbance, or impervious cover: Every lot or unit in this subdivision is subject to the City of West Lake Hills’ site clearance procedures. No site clearance, excavation, grading or landfill shall commence unless a permit shall have first been issued for such work in accordance with the provisions of applicable ordinances. Impervious cover shall not exceed the maximum percentage permitted under City Ordinance.

Flood hazard note.

Flood hazard: The Federal Insurance Administration maps for the City of West Lake Hills, Texas, indicate that the property shown hereon does/does not lie within a special flood hazard area as defined by said maps, dated June 1993.

Streets, roads and other public thoroughfares note.

For subdivisions within the city limits of the City of West Lake Hills: Streets, roads and other public thoroughfares shown on plat: The building of all streets, roads and other public thoroughfares shown on this plat, and any bridges or culverts necessary to be constructed or placed in such streets, roads or other public thoroughfares or in connection therewith, shall be the responsibility of the owner and/or developer of the tract of land covered by this plat in accordance with the plans and specifications prescribed by the City Council of the City of West Lake Hills, Travis County, Texas, if said plat is within the City limits of the City of West Lake Hills, Texas. The City of West Lake Hills, Texas assumes no responsibility to build any of the streets, roads or other public thoroughfares shown on this plat or any bridges or culverts in connection therewith. All curb cuts, entrances and exits onto public streets or highways shall first be approved by the City of West Lake Hills, Texas.

Add this paragraph for subdivisions within the extraterritorial jurisdiction of the City of West Lake Hills:

All or part of this subdivision is within the extraterritorial jurisdiction of the City of West Lake Hills. Under Chapter 241, Local Government Code, the City of West Lake Hills has sole and exclusive jurisdiction over approval of this plat. However, Travis County retains the sole and exclusive jurisdiction over maintenance of public roads in, and issuance of onsite sewage permits and development permits for this subdivision. The City of West Lake Hills’ approval of this plat does not ensure Travis County’s acceptance of the roads for maintenance, or approval of onsite sewage permits or development permits for this subdivision. The owner(s) or developer(s) is(are) responsible for ensuring that the requirements of this plat are consistent with and do not prevent acceptance of the roads or issuance of onsite sewage permits and development permits for this subdivision. In the event of a conflict, plat amendments may be required prior to accepting roads or issuing onsite sewage or development permits.

Construction over the Edwards Aquifer Recharge Zone, if applicable.

Recharge zone: Lots in this subdivision are located over the Edwards Aquifer Recharge Zone and subject to the Texas Commission on Environmental Quality Edwards Rules 31, Texas Administrative Code (TAC) 313, as amended. No building permit will be issued by the City of West Lake Hills until the requirements of the Edwards Rules TAC Chapter 313 are fully complied with. The applicant for a building permit is responsible to furnish the City written compliance to the Edwards Aquifer Rules from the Texas Commission on Environmental Quality.

Restrictions or covenants filed as Document No. __________, of the Travis County Deed Records.

All of the land depicted on this subdivision plat is/is not located within the full purpose municipal boundaries of the City of West Lake Hills on this the __________ day of __________ 20 __________, A.D.

(h)

ETJ only, certification by clerk of Travis County, Texas.

STATE OF TEXAS

COUNTY OF TRAVIS

I, __________, Clerk of the County Court of Travis County, Texas, do hereby certify that on the __________ day of __________, A.D., 20, the Commissioners Court of Travis County, Texas, passed an Order authorizing the filing for record of this plat, and that said Order has been entered into the Minutes of Said Court, as Document No.

WITNESS MY HAND AND SEAL OF THE COUNTY COURT OF SAID COUNTY, this __________ day of __________, A.D. 20 __________.

Clerk of the County Court Travis County, Texas

By __________ Deputy