This ordinance is adopted under the authority of the constitution and laws of the State of Texas, including Chapter 212, Local Government Code.
(Ordinance 8 adopted 3/15/99)
Editor’s note–The comprehensive subdivision ordinance, Ordinance 8, adopted by the city on March 15, 1999, is included herein as exhibit A. Due to the nature of the subdivision ordinance and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. At the request of the city, all references to “Board of Aldermen” and “Board” have been corrected to “City Council” without notation. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets.
ORDINANCE NO. 8
The purpose of this ordinance is to provide rules governing plats, replats and amendments to plats and subdivisions of land within the jurisdiction of the Village of the Hills (the “Village”) to promote the health, safety, morals and general welfare of the Village and the safe, orderly, and healthful development of the Village.
(Ordinance 8 adopted 3/15/99)
Whenever the standards and specifications in this ordinance conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
(Ordinance 8 adopted 3/15/99)
(a)
The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of The Village who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to the Village, or to lay out suburban, building, or other lots, and to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared and filed with the Village for approval pursuant to this ordinance. A division of a tract under this subsection 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, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.
(b)
The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of the Village who seeks to amend a plat or to replat a subdivision must have the amended plat or replat prepared and filed with the Village for approval pursuant to this ordinance.
(c)
The term “plat,” as used hereafter, means a plat, an amended plat or replat. The person or entity filing a plat pursuant to this ordinance is hereafter called the “subdivider.”
(d)
The plat must:
(1)
describe the subdivision by metes and bounds;
(2)
locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and
(3)
state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.
(Ordinance 8 adopted 3/15/99)
The Village adopts as the general plan of the Village and its current and future streets, alleys, parks, playgrounds, and public utility facilities the Master Concept Plan which is the plan that was adopted by the Lakeway Company for the development of the Hills of Lakeway and used as the basis of the Hills of Lakeway P.U.D. approved by the City of Austin in early 1980 in Case No. 814-80-002, as amended by those plats currently on file in the Real Property Records, Travis County, Texas as of the date of this ordinance.
(Ordinance 8 adopted 3/15/99)
The municipal authority responsible for approving plats under this subchapter is the City Council.
(Ordinance 8 adopted 3/15/99)
No construction of any street, or part of a street, whether public or private, shall be commenced within any property that is shown on a plat that has been filed in the Real Property Records, Travis County, Texas, unless the street or part of the street is shown on the plat.
(Ordinance 8 adopted 3/15/99)
The City Council may grant a variance from this ordinance when, in its opinion, undue hardship will result from requiring strict compliance. In considering a variance, the City Council shall prescribe such conditions it deems necessary or desirable in the public interest. In making the findings required below, the City Council shall take into account the nature of the 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 can be considered unless the City Council finds:
A.
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land;
B.
That the variance is necessary for the preservation and enjoyment of the legal property rights of its owner;
C.
That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to the legal rights other property owners enjoy in the area; and
D.
That the granting of the variance will not prevent the orderly subdivision of other land in the area in accordance with the provisions of this ordinance.
Such findings of the City Council, together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the City Council meeting at which such variance is considered. Variances may be granted only when in harmony with the general purpose and intent of this ordinance 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.
(Ordinance 8 adopted 3/15/99)
A.
General.
The subdivider shall cause to be prepared a preliminary plat by a surveyor or engineer in accordance with this ordinance and the general plan of the Village.
B.
Timing for Filing and Copies Required.
The subdivider shall file five (5) blue or black line copies of the preliminary plat, together with the original mylar, with the Village official that is designated from time to time by the City Council. The preliminary plat application shall be submitted at least thirty (30) days prior to the date at which formal view by the City Council is sought.
C.
Filing Fees.
The plat application shall be accompanied by a filing fee in the amount established by city council. In addition, the subdivider shall pay a fee equivalent to that required for conducting and/or evaluating soil tests and issuing any required subdivision or construction authorization. No plat shall be deemed filed nor any action by the City Council thereon be valid until these fees have been paid. The fees shall not be refunded should the subdivider fail to perfect his formal application for preliminary plat approval or should the plat be disapproved. The fee for an application to replat residential lots that results in a reduction of a number of lots shall be as required by Ordinance No. 3 which was adopted by the City Council on January 12, 1998 [section 9.02.003].
Editor’s note–The fees established in this section were omitted from the code at the request of the village. Fees are maintained in the offices of the village.
D.
Form and Content.
The plat shall be drawn to a scale of one inch (1") equals [one] hundred feet (100') unless the preliminary plat is over one hundred (100) acres in size, in which instance the scale may be reduced to one inch (1") equals two hundred feet (200'); the preliminary plat shall consist of a drawing, tracing or mylar twenty-four by thirty-six inches (24" x 36") in size. When more than one sheet is necessary to accommodate the complete area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The plat shall consist of the following:
1.
Names and addresses of the subdivider(s), as well as the name, signature and seal of a registered professional engineer and a registered professional surveyor. The registered professional engineer and the registered professional surveyor may be the same person.
2.
The proposed name of the subdivision, which shall not be the same or similar to the name of any other subdivision currently located within the Village.
3.
A description, by metes and bounds, of the subdivision boundaries.
4.
Primary control point locations shall be shown. Descriptions and ties to such control points from which all dimensions, angles, bearings, block numbers and similar data are referred shall also be shown. Such control point designations shall meet all requirements of the appropriate state statutes.
5.
Names of all contiguous subdivisions and the owners of contiguous parcels of subdivided and unsubdivided land and a designation as to whether such contiguous land is or is not platted.
6.
Subdivision boundary lines shall be indicated by heavy lines, and the total acreage of the subdivision shown.
7.
The exact locations, dimensions, descriptions of recorded streets, reservations, easements or other public or private right-of-way within the subdivision intersecting or contiguous with the boundaries of the subdivision or framing such boundaries and the exact locations, dimensions, descriptions and flow lines of existing watercourses and drainage structures within the subdivision or on contiguous tracts shall be shown.
8.
The 100-year floodplain.
9.
The exact locations, dimensions, descriptions and names of all proposed streets, drainage structures, parks, public areas, reservations, easements or other rights-of-way, as well as all lots and blocks within the subdivision, shall be shown.
10.
The date of preparation, scale of plat[,] general location map and north arrow shall be shown.
11.
Topographical information equivalent to two-foot (2') contour lines and based on the U.S.G.S. datum, which shall be specified on the plan. Such topographical information, locations and dimensions shall be of sufficient accuracy to permit the planning of streets, storm drainage facilities and other proposed improvements.
12.
A number or letter to identify each lot or site in each block shall be shown.
13.
Front and side street building setback lines of all lots and sites shall be shown.
14.
A vicinity sketch or map, at some appropriate scale, which shall show existing subdivision streets, easements, rights-of-way and parks.
15.
No preliminary plat is required for a replat of residential lots that results in the number of lots being decreased.
E.
Processing of Preliminary Plat.
1.
A designated Village official shall check the preliminary plat as to its conformity with the standards and specifications set forth herein or incorporated herein by reference.
2.
One copy of the preliminary plat shall be filed with the Village Clerk and be made available for public inspection.
3.
All proposed preliminary plats and subdivisions of land within the Village shall be submitted by the subdivider to Southwestern Bell Telephone Company, Hurst Creek MUD, the appropriate electric utility company, and the appropriate cable company for their comment and report back directly to the designated Village official.
4.
The designated Village official shall return the preliminary plat and accompanying data to the City Council with his recommendation as to its approval, modifications, additions or alterations of such plat data.
5.
Within thirty (30) days after the preliminary plat is formally filed with the designated Village Clerk, the City Council shall: a) Approve or b) disapprove the preliminary plat or c) conditionally approve the preliminary plat with modifications. If the preliminary plat is conditionally approved with modifications, the City Council shall inform the subdivider of the conditions to approval and the basis upon which the City Council is requiring such conditions.
6.
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 installation of streets, water, on-site well, sewer, on-site waste disposal and all other required improvements and utilities and to the preparation of the final recordable plat.
7.
Approval or conditional approval of a preliminary plat shall be effective for six (6) months. If no final plat has been filed within six (6) months of approval, the City Council may, prior to the expiration of such approval, and upon the application of the subdivider, extend the approval for an additional six (6) months. At the end of this six (6) month extension period, the preliminary approval shall automatically expire and terminate.
8.
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.
(Ordinance 8 adopted 3/15/99)
A.
Form and content:
1.
The final plat and accompanying data shall conform to the preliminary plat as approved or conditionally approved by the City Council, incorporating any and all changes, modifications, alterations, corrections and conditions recommended by the City Council. At least one copy of the final plat and all accompanying data shall be filed with the Village Engineer at least thirty (30) days prior to any requested action on said final plat.
2.
The final plat shall be drawn at a scale of one inch (1") equals one hundred feet (100') on mylar sheets 18" x 24" in size. If more than one sheet is necessary to accommodate the complete area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat.
3.
The final plat shall be submitted in an original and five copies and shall be accompanied by the following site improvement data bearing the seal of a registered public surveyor and the seal of a registered professional engineer. The registered public surveyor and the registered professional engineer may be the same person:
a.
The date, subdivision title, scale and north point.
b.
The lines and names of all proposed streets or other ways or easements, dimensioned so as to determine the width of each, including a statement of the purpose for which such easements are dedicated and the lines and names of other open spaces to be dedicated for public use or granted for use of the inhabitants of the subdivision.
c.
Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, boundary line, block line and building line, whether curved or straight, including the true north point. The curve data shall include the radius, central angle, arc length, tangent, chord length and chord bearing for the property lines of curved streets and curved property lines.
d.
The location of all permanent monuments and control points.
e.
Suitable primary control points to which all dimensions, bearings and similar data shall be referred. Dimensions shall be shown in feet to the nearest hundredth of a foot (0.01) and bearings shall be shown to the nearest one (1) second.
f.
A complete copy of any restrictive covenants imposed on the land by the subdivider.
g.
A statement signed and acknowledged by the owner dedicating all public utility and drainage easements to the public use.
h.
A certificate bearing the signature and seal of the engineer or surveyor who made the survey that there has been compliance with the requirements of this ordinance.
i.
The limits of the 100-year floodplain and elevation data bearing the seal of a registered professional engineer.
4.
The final plat shall also include the following:
a.
Owner’s acknowledgment:
State of Texas |
County of _____ |
I (we), the undersigned owner(s) of the land shown on this plat, and designated herein as the _____ Addition of the Village of The Hills, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all watercourses, drains, easements, and public places thereon for the purpose or consideration therein expressed. |
________________________ Owner |
State of Texas |
County of _____ |
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 (s)he executed the same for the purposes and considerations therein stated. |
GIVEN under my hand and seal of office this the _____ day of _____, 1999. |
________________________ Printed Name of Notary Public Notary Public in and for the State of Texas My Commission Expires: _____ |
b.
Certification by the Mayor of the City Council:
In approving this plat by the City Council of the Village of the Hills, Travis County, Texas, it is understood that the building of all streets, roads, and other public thoroughfares delineated and shown on this plat, and all bridges and 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 plans and specifications prescribed by the Village of the Hills, Travis County, Texas, and the said Village of The Hills assumes no obligation to build such streets, roads and other public thoroughfares shown on this plat, or of constructing any bridges or culverts in connection therewith. |
Approved and authorized for record by the City Council of the Village of The Hills, Travis County, Texas. |
Dated this the _____ day of _____, 20 _____. |
________________________ Mayor |
________________________ Secretary |
c.
Certification of the surveyor responsible for surveying the subdivision area, attesting to its accuracy:
State of Texas |
County of _____ |
I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey on the property made under my supervision on the ground, and I further certify that proper engineering consideration has been given to this plat. |
(Engineer or Surveyor seal) |
________________________ Registered Professional Engineer or Registered Public “Surveyor” |
d.
Engineer’s Certification:
State of Texas |
County of Travis |
I, the undersigned, a Registered Professional Engineer, licensed in the State of Texas, hereby certify that proper engineering considerations have been given to this plat and it meets the requirements of the subdivision ordinance of the Village of the Hills, Texas. I further certify that the 100-year floodplain, if any is shown hereon, shall be contained within the drainage easements shown. Minimum building slab in elevation shall be as established on this plat. |
(Engineer’s Seal) |
________________________ Registered Professional Engineer |
e.
Filing certification:
State of Texas |
County of _____ |
I, _____, Clerk of the County Court of Travis County, Texas, hereby certify that the foregoing instrument was filed in my office at _____ .m. on this the _____ day of _____, 20 _____, and duly recorded at ___ .m. on the _____ day of _____, 20 _____, in the Plat Records of Travis County, Texas, in Volume _____ at Page(s) _____. |
WITNESS MY HAND AND SEAL OF THE COURT OF TRAVIS COUNTY, TEXAS, THIS _____ DAY OF _____, 20 _____. |
CLERK OF THE COUNTY COURT |
TRAVIS COUNTY, TEXAS |
________________________ DEPUTY FILING |
(Ordinance 8 adopted 3/15/99)
No preliminary or final plat shall be approved by the City Council and no completed improvements shall be accepted by the Village for maintenance unless they conform to the Master Concept Plan and fulfill the requirements of Section 212.010, Local Government Code, and the following standards and specifications:
A.
Streets.
1.
Paved streets shall be provided by the subdivider, as shown on the Master Concept Plan with such variances that the City Council may grant pursuant to this ordinance.
2.
The construction plans and specifications for paved streets shall be the same or higher quality than those for the streets now existing within the Village.
B.
Drainage.
Where a subdivision is traversed by a watercourse, drainageway, natural channel, or stream, they shall be provided an easement or right-of-way conforming substantially to the limit of such watercourse. Drainage facilities shall be provided and constructed at the expense of the subdivider to conform with the drainage study conducted by the Hills of Lakeway Property Owners Association, Inc. in 1995.
C.
Water and Wastewater Supply.
Water and wastewater service shall be available to each lot pursuant to the requirements of Hurst Creek Municipal Utility District.
(Ordinance 8 adopted 3/15/99)
Should any portion of this ordinance be held invalid or unenforceable for any reason, the same shall not be construed to affect any other valid portion hereof, but all valid portions shall remain in full force and effect.
(Ordinance 8 adopted 3/15/99)
Any person violating any provision of this ordinance within the corporate limits of the Village of The Hills, Texas shall be guilty of an offense and, upon conviction, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this ordinance.
(Ordinance 8 adopted 3/15/99)
The City Council of the Village may authorize its attorney to institute appropriate action in a court of competent jurisdiction to enforce the provisions of this ordinance or the standards referred to herein or to enjoin any violations thereof which occur within the Village or within any area subject to all or part of the provisions of this ordinance.
(Ordinance 8 adopted 3/15/99)