Procedure Generally.

Austin City Code tit. 30, ch. 30-2, art. 2, div. 1

in effect

Austin City Code § 30-2-31 PLANNING COMMISSION AND ZONING AND PLATTING COMMISSION RULES.

§ 30-2-31 - PLANNING COMMISSION AND ZONING AND PLATTING COMMISSION RULES. The planning commission and the zoning and platting commission may each adopt rules of procedure. Adopted rules are effective when filed with the city clerk. Source: City Code Section 25-4-31; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-32 RESERVED.

Austin City Code § 30-2-33 SINGLE OFFICE ACTION WITHIN 30 DAYS.

§ 30-2-33 - SINGLE OFFICE ACTION WITHIN 30 DAYS. (A) The requirements of this section supersede any contrary provisions of this title relating to action by the single office. (B) The single office shall approve, approve with conditions, or disapprove with reasons an application for preliminary plan or plat not later than the 30th day after the application is filed, unless the single office has approved a written request from the applicant to extend the initial review pursuant to Section 30-1-118 (Extension of Review Period). (C) A condition for approval or reason for disapproval must be written and may not be arbitrary. The condition or reason must: (1) be directly related to requirements adopted under Texas Local Government Code Chapter 212 Subchapter A (Regulation of Subdivisions) or Texas Local Government Code Chapter 232 Subchapter A (Subdivision Platting Requirements in General); and (2) include a citation to the law, including a statute or order, that is the basis for the condition for approval or reason for disapproval. (D) If an application for a preliminary plan or plat is not approved, approved with conditions, or disapproved with reasons within a time period prescribed by Subsection (B) the application is approved by operation of law. Source: County Code Section 82.201(b); Ord. 031211-11; Ord. 031211-42; Ord. No. 20190822-117, § 46, 9-1-19; Ord. No. 20230831-142, Pt. 14, 9-1-23.

Austin City Code § 30-2-34 ORIGINAL TRACT REQUIREMENT.

§ 30-2-34 - ORIGINAL TRACT REQUIREMENT. (A) An original tract is a tract that: (1) is a legal lot or tract; or (2) was a legal lot or tract before being subdivided in violation of ordinance requirements. (B) An applicant shall include all land in the original tract in an application for preliminary plan or plat approval. (C) The single office may waive the requirement of Subsection (B) if the single office determines that: (1) subdividing only a portion of the original tract will not substantially impair the orderly planning of roads, utilities, drainage, and other public facilities; (2) the portion of the original tract contiguous to the area to be subdivided has direct access to a public street, or the applicant has provided access to a public street by dedicating right-of-way at least 50 feet wide; (3) a reasonable use of the balance of the original tract is possible; and (4) the applicant has mailed, by certified mail, to all owners of land that is a portion of the original tract and contiguous to the land included in the application a request that each owner provide written confirmation to the director that: (a) the owner's land is not a legal lot or tract; and (b) the owner must plat the land before the city may approve a development permit or a utility company may provide initial or additional service. (D) In making a determination under Subsection (D)(3) that a reasonable use of the balance of the original tract is possible, the single office may require that the applicant provide a schematic land plan of the balance of the original tract. The single office may not require that the applicant provide detailed engineering information. (E) An applicant who satisfies the requirement of Subsection (D)(2) by dedicating right-of-way to provide access to a public street is not required to construct improvements within the right-of-way. (F) As a condition of a waiver to Subsection (B), the county may require the subdivider to enter into a phasing agreement to provide for the orderly development of the property. (1) A subdivider must obtain approval of a phasing agreement by the commissioners court not later than the date the first final plat is approved. (2) The single office may make a recommendation on the phasing agreement. (3) The commissioners court may approve a phasing agreement if the commissioners court determines: (a) the phasing agreement accommodates the development and protects the public interest; (b) the dedication of roads, drainage facilities, parkland, and other infrastructure and the posting of construction security is roughly proportional to the impact of the development of the property; and (c) the phasing agreement has been approved by the county attorney. Source: City Code Section 25-4-33; County Code Section 82.201(b)(4)—(8); Ord. 031211-11; Ord. 031211-42; Ord. No. 20190822-117, § 47, 9-1-19; Ord. No. 20230831-142, Pt. 15, 9-1-23.

Austin City Code § 30-2-35 CITY BOARD AND COMMISSION REVIEW OF REQUESTS ASSOCIATED WITH SUBDIVISION APPLICATION.

§ 30-2-35 - CITY BOARD AND COMMISSION REVIEW OF REQUESTS ASSOCIATED WITH SUBDIVISION APPLICATION. (A) The director shall determine whether board or commission review of a request associated with an application for preliminary plan or plat approval is required under this section. The director shall schedule an associated request for board or commission review on the earliest available date. (B) The following board or commission must review an associated request before the land use commission may consider the application or the associated request: (1) the urban transportation commission and the environmental commission shall review a request for an amendment to the transportation plan; (2) the water and wastewater commission and, if requested by the city council, the environmental commission shall review a request for an amendment to the city's water or wastewater service area boundary; and (3) the water and wastewater commission shall review a request for city cost participation in construction of water or wastewater facilities. Source: City Code Section 25-4-34; Ord. 031211-11; Ord. 031211-42; Ord. No. 20190822-117, § 48, 9-1-19; Ord. No. 20230831-142, Pt. 16, 9-1-23.

Austin City Code § 30-2-36 VARIANCE FILING AND CONSIDERATION.

§ 30-2-36 - VARIANCE FILING AND CONSIDERATION. If an application for a preliminary plan or plat requires a variance to comply with the provisions of this title, an applicant is required to obtain approval of the variance before the associated application for a preliminary plan, plat, or subdivision construction plan can be approved by the single office. Source: City Code Section 25-4-35; Ord. 031211-11; Ord. 031211-42; Ord. No. 20190822-117, § 49, 9-1-19; Ord. No. 20230831-142, Pt. 17, 9-1-23.

Austin City Code § 30-2-37 VARIANCE DETERMINATION.

§ 30-2-37 - VARIANCE DETERMINATION. (A) The platting board shall grant a variance from a requirement of Article 3 (Platting Requirements) if the platting board determines that enforcement of the requirement will make subdivision of a tract of land impractical and deny the owner all reasonable use of the land. (B) For a mass housing project, a planned unit development, or similar neighborhood unit, the platting board may grant a variance from a requirement of Article 3 (Platting Requirements) if the platting board determines that planned development will provide light and air, vehicular and pedestrian circulation, and recreational facilities that are at least equal to the requirements of this title. An applicant must provide the platting board with a written report documenting compliance with this subsection. (C) The platting board may grant a variance from a requirement of Article 3 (Platting Requirements) if the platting board determines that the variance protects the public interest and complies with sound engineering principles and practices. Source: City Code Section 25-4-36; County Code Section 82.201(f); Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-38 INFRASTRUCTURE CONSTRUCTION OR FISCAL SECURITY FOR PLAT APPROVAL.

§ 30-2-38 - INFRASTRUCTURE CONSTRUCTION OR FISCAL SECURITY FOR PLAT APPROVAL. (A) Before the single office may approve a plat, the subdivider shall: (1) obtain final approval of subdivision construction plans; post fiscal security as required by the county executive for restoration of disturbed areas, boundary streets, and sidewalks; and construct the streets, utilities, and drainage facilities in compliance with the requirements of this title; or (2) file an application for approval of subdivision construction plans and provide fiscal security under Section 30-1-132 (Fiscal Security) for subdivision improvements. (B) Fiscal security provided under this section may be used by the city or county, as appropriate, to construct the subdivision improvements. Source: City Code Section 25-4-37; County Code Section 82.401; Ord. 031211-11; Ord. 031211-42; Ord. No. 20230831-142, Pt. 18, 9-1-23; Ord. No. 20240718-103, Pt. 4, 7-29-24.

Austin City Code § 30-2-39 ACCEPTANCE OF OFFERED DEDICATION.

§ 30-2-39 - ACCEPTANCE OF OFFERED DEDICATION. (A) Approval of a plat is not an acceptance by the city or county of an offered dedication. Disapproval or denial of a plat is a refusal by the city or county to accept an offered dedication shown on a plat. (B) The city or county may accept an offered dedication only by the action of an authorized official. (C) The commissioners court may accept an offered dedication of a street by issuing a certificate of acceptance. (D) A street may not be accepted unless it is constructed in accordance with the applicable requirements and with the required utilities and drainage facilities installed. Entry, use, or improvement by the city or county, as applicable, under a fiscal security agreement is not an acceptance of an offered dedication. (E) Except as provided in a fiscal security agreement, an officer or employee of the city or county may not enter, use, or improve a street unless the street has been accepted by the city or county, as applicable. Source: City Code Section 25-4-38; Ord. 031211-11; Ord. 031211-42.

Austin City Code § 30-2-40 VACATING PLAT; REPLATTING WITHOUT VACATING PLAT; AMENDING PLAT.

§ 30-2-40 - VACATING PLAT; REPLATTING WITHOUT VACATING PLAT; AMENDING PLAT. (A) The city and the county shall review and approve, disapprove, or deny a plat vacation, replat, or amending plat in accordance with the standards and procedures in Local Government Code Section 212.013 (Vacating Plat), Section 212.014 (Replatting Without Vacating Plat), Section 212.015 (Additional Requirements for Certain Replats), and Section 212.016 (Amending Plat). (B) The single office shall provide a single joint notice stating the dates of the city and county hearings for a notice required by Local Government Code Section 212.015 (Additional Requirements for Certain Replats) or Section 212.016 (Amending Plat). (C) An application to vacate a plat expires after one year. Source: Ord. 20050929-079; Ord. No. 20160421-039, Pt. 18, 4-21-16.

Austin City Code § 30-2-41 ACTION IN 15 DAYS AFTER APPLICANT RESPONSE.

§ 30-2-41 - ACTION IN 15 DAYS AFTER APPLICANT RESPONSE. (A) The requirements of this section are mandated by state law and supersede any contrary provisions of the City Code. (B) In this section, applicant response means the information provided by the applicant to the single office to address the conditions of approval or reasons for disapproval of an application for preliminary plan, plat, or subdivision construction plan. (C) An applicant response: (1) must adequately address each condition of approval or reason for the disapproval; (2) must include only changes only as necessary to address the condition of approval or reason for disapproval; and (3) may not include substantial changes unrelated to the condition of approval or reason for disapproval. (D) Upon receipt of an applicant response to a preliminary plan, plat, or replat the single office shall: (1) determine if the applicant response meets the requirements in Subsection (C), and (2) approve, approve with conditions, or disapprove with reasons, the preliminary, plat, or replat not later than 15 days after the applicant response was submitted. (E) If the applicant response as submitted complies with the provisions of Subsection (C), and the single office fails to comply with the time limits for action in this section, the application for preliminary plan or plat is approved by operation of law. Source: Ord. No. 20190822-117, § 50, 9-1-19; Ord. No. 20230831-142, Pt. 19, 9-1-23.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT30AUTRCOSURE_CH30-2SURE_ART2SUPR_DIV1PRGEFetched: 10/27/2026