Subdivisions and Condominiums

SUBDIVISIONS are regulated by STATE LAW & LOCAL RULES.

STATE LAW, described in the TEXAS LOCAL GOVERNMENT CODE, (See Title 7, Regulation Of Land Use, Structures, Businesses, And Related Activities) discusses the subdivision of land by jurisdictional authority:

a) Within the city limits of a municipality (city);
b) Within the ETJ (extra territorial jurisdiction) of a city;
c) Not subject to city jurisdiction (i.e. within neither the city limits, nor the ETJ).

LOCAL RULES of cities and counties, expand upon State law. Normally, a site subject to local approval involves review/approval by:
a) City Planning Commission and/or City Council; AND/OR
b) The County Commissioners’ Court.
c) Projects that are within the ETJ of a municipality are subject to review/approval by both the city and the county.

As early as possible, inform Harris-Grant Surveying about your knowledge of the jurisdictional authority.

CONDOMINIUM projects are discussed in the STATE OF TEXAS PROPERTY CODE (See Title 7, chapter 82.059 defines required plats and plans). The over-all project site plan requires the seal/signature of a Registered Professional Land Surveyor (RPLS). The individual unit plans/dimensions do not. Currently (April, 2005), a CONDOMINIUM project is subject to LESS local review/approval than a SUBDIVISION project. The State Legislature may, at any session, change these rules.

HARRIS-GRANT’s fee for either a SUBDIVISION project or a CONDOMINIUM project is affected by the type of review/approval processes; i.e. approval from city only, county only, or both authorities. The regulations of some cities/counties are more restrictive than others and require a greater amount of effort from the Surveyor.
HARRIS-GRANT Surveying, in its contracts, defines a minimum number of hours for processing the project with the local government. However, this part of the project cost is highly variable, and is ALWAYS subject to change/re-negotiation/contract addendum. Local government fees (application, review and recording) are variable, ranging from few to many hundreds of dollars. The Client is responsible for these costs in addition to surveying fees from HARRIS-GRANT. Since local government fees are subject to change, please call/contact the appropriate city/county to ask for a current fee schedule.

LEGAL LOT: In order to obtain a building permit or utility service, local governments usually require that the property is a legal lot. For instance, a lot in a recorded subdivision is a “legal lot”. The City of Austin process “legal lot determination” or “land status report” may determine that your site is a “grand-fathered” legal lot. See “General Information, FAQ’s” on the City of Austin web-site.

State law allows local governments, if they so choose, to define subdivision platting exemptions, thus some situations may yield “legal lots” without going through the subdivision procedure. Travis County has adopted some platting exemptions (pdf).

Other local governments may have adopted subdivision platting exemptions. Harris-Grant will frequently update new information. As of several months ago, the City of Austin had not adopted exemptions.

PROCEDURES: Local government subdivision applications are submitted via different procedures, depending upon your particular situation.

AMENDED PLAT: used when shifting lot lines within a recorded plat. This procedure is normally the least costly and has the shortest time frame for review/approval. Often, an amended plat can be administratively approved (no planning commission approval required).

RE-SUBDIVISION (or re-plat): used when increasing lot density within a recorded plat. Usually requires surveying services and services of a Professional Engineer (see reference below). This procedure takes more review time and is more costly than the amended plat procedure.

SUBDIVISION: used when subdividing previously un-platted land. Usually requires a 2-step process of “Preliminary plat” approval, followed by “Final plat” approval. This procedure is the most costly, involving the greatest review/approval time. Among many mapping requirements are: topography, existing/planned utility services, stormwater drainage studies, construction plans for new roads/utilities, etc. Requires the services of a Professional Engineer.

HARRIS-GRANT is aligned with Stansberry Engineering Co. Blayne Stansberry has a great deal of experience in the Austin metropolitan area, and we invite you to email Blayne regarding your engineering needs.

Visit the City of Austin and Travis County websites for general information on the subdivision processes.

We offer the following links to various local government web-sites, for your use.

For projects on or near LAKE TRAVIS:
LCRA (Lower Colorado River Authority)
Non-Point Source Pollution www.lcra.org/water/ordinance_faq.html
On-site sewage fees www.lcra.org/water/sewage_fee_schedule.html

LAKEWAY http://cityoflakeway.com/cityDepts_planning.asp
HAYS COUNTY www.co.hays.tx.us/departments/envirohealth/envirohealth.php
TRAVIS COUNTY www.co.travis.tx.us/tnr/default.asp
WILLIAMSON COUNTY http://wcportals.wilco.org/faq.html
AUSTIN www.ci.austin.tx.us/development/default.htm
GEORGETOWN www.georgetown.org/departments/ds/
ROUND ROCK www.ci.round-rock.tx.us/planning/
SAN MARCOS www.ci.san-marcos.tx.us/departments/planning/?menu=DP6