ORIGINAL TRACT REQUIREMENT.
Austin City Code § 30-2-34
in effect§ 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.
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_DIV1PRGE_S30-2-34ORTRREFetched: 10/27/2026