KERB COUNTY Subdivision Rules & Regulations Final Draft January 13, 1998 Bled ~ ~p Bll.ll~ a~ MEEKER ~E ~~~ CouMY Court. Kerr County, Texas BY~~ `~ ~eP~Y CONTENTS PAGE RULES & REGULATIONS ....................... 4 Section I GENERAL PROVISIONS & PURPOSE ............ 5 Section II DEFINITIONS ................................ 6 Section III APPLICABILITY & ENFORCEMENT .............. 10 Section IV VARIANCES .................................. 11 Section V SUBDIVISION STANDARDS ..................... 12 5.01 General ....................................... 12 5.02 Roads ....................................... 12 5.03 Water Installations .............................. 13 5.04 Water Disposal System General .................... 14 5.05 Utility Lines ................................... 14 5.06 Monuments ............. . ...................... 14 5.07 Drainage ...................................... 14 5.08 Regulations .................................... 15 Section VI PLATTING PROCEDURE ....................... 16 6.01 Preliminary Conference ........................... 16 6.02 Preliminary Plat and Data ......................... I6 6.03 Final Plat ..................................... 19 6.04 Minor Plats or Minor Replats ...................... 22 6.05 Replat of Existing Recorded Subdivision .............. 22 6.06 Plat Revision or Cancellation ....................... 23 Section VII ROAD SPECIFICATIONS ........................ 24 7.01 Permitted Roads ... ............................. 24 7.02 Dedicated to Public .............................. 24 7.03 Design of Public Improvements ... ................. . 24 7.04 Access to Permitted Roads ........................ . 24 7.05 Commercial Driveways ...... .................... . 25 7.06 Publicly Dedicated Paved Roads .................... . 25 7.07 Privately Maintained Paved Roads ................... 32 7.08 Privately Maintained Unpaved Roads ................ . 32 7.09 Privately Maintained Shared Access Roads ............ . 33 7.10 Encroachments into Public Right of Way .............. . 34 7.11 Acceptance of Road Maintenance ................... .. 34 7.12 Conditions of Acceptance ........................ .. 34 7.13 ..... Filing of Record Plat ............................ . 35 Kerr County Subdivision Rules & Regulations January, 1998 Yage 2 Section VIII INSPECTION, APPROVAL & ACCEPTANCE ........ . 8.01 Inspections ................................ ...... 8.02 Approval ................................ ........ 8.03 Acceptance ....................................... Section IX GUARANTEE OF PERFORMANCE ................ . 9.01 Security Bond .................................. . 9.02 Maintenance Bond .............................. . 9.03 Security Extension ........ ........ ........... . 9.04 Maintenance Bond Extension ........ ...... ....... . Section X MISCELLANEOUS PROVISIONS .................. . 10.01 Waiver of City Jurisdiction ....................... . 10.02 Severability ...................................... . APPENDIX A Owners Acknowledgment .......................... . APPENDIX B CERTIFICATIONS 1) Certifications by Registered Professional Surveyor/Engineer . 2) Certifications by Administrator of On-Site Sewage Facilities . 3) Certifications by Administrator of Headwaters Underground Water Conservation District ........................ . 4) Certification by Administrator of Flood plain ........... . 5) Certification by Postmaster ......................... . 6) Certification by Director of 911 Emergency ............. . 7} Certification by County ............................ . 8) Commissioners Court Approval ...................... . 9) County Clerks Recording Acknowledgment ............ . 10) Privately Maintained Paved Roads .................... . 11) Private Maintained Unpaved Roads ........ ........... . 12) City Planning Commissions (Kerrville, Center Point, Ingram) .. . APPENDIX C Performance Bond .................................. . APPENDIX D Trust Agreement in Lieu of Performance Bond ............. . APPENDIX E Maintenance Bond .................................. . APPENDIX F Fee Schedule ....................................... . APPENDIX G Drawing of Road Construction ......................... . APPENDIX H Utility Cut of Across County Road ...................... . APPENDIX I Routing Slips for Platting Subdivisions ............. ...... . APPENDIX J Kerr County Master Road & Traffic Plan .................. . 37 37 37 37 38 38 38 38 38 39 39 39 40 41 41 42 43 43 43 43 44 44 44 45 45 46 47&48 49 50 Ken County Subdivision Rules & Regulations January, 1998 Page 3 RULES AND REGULATIONS Regulating the Filing for Record of Subdivision Plat and Other Requirements Pertinent thereto for all subdivisions situated outside an incorporated town or city that has adopted Subdivision Rules and Regulations in Ken County, Texas, and subject to the jurisdiction of the Commissioners' Court of Kerr County, Texas. These rules and regulations include subdivisions situated within the ETJ of an incorporated town or city in Kerr County Texas. THE STATE OF TEXAS COUNTY OF KERB The various development constraints outlined herein are ordered by the Commissioners Court of Kerr County, Texas, on this th day of that effective January , 1998, the following Rules and Regulations be adopted listing requirements precedent to the acceptance of plats of subdivisions for filing for record in Ken County, Texas. Authority is granted to the Commissioners' Court by one or more of the following statutes: These Regulations are enacted to implement the inherent and implied powers conveyed to counties under the laws of the State of Texas, including but not limited to Tex. Rev. Stat. Ann. Art. 2352 (general control over all roads, highways and bridges), Tex. Rev. Stat. Ann. Art. 6702-1 (authority to adopt and implement a system for the laying out, opening, altering and discontinuing of roads), Tex. Rev. Stat. Ann. Art 6626a (regulations of roads ^ and streets and other facilities to control drainage and storm water runoff within real estate subdivision developments), Tex. Rev. Stat. Ann. Art. 4477-8 (county solid waste disposal systems), Tex. Rev. Stat. Ann. Art. 1443, 1443a and 1436b (regulation of water and gas utility lines within county right-of--way), Tex. Rev. Stat. Ann. Art. 4477-7e (authority to adopt standards for on-site sewerage facilities), Tex. Rev. Stat. Ann. Art. 4477-9a (regulation of public highways for litter control), Tex. Local Gov't Code Ann. Section 232.001, et seq. (authority to adopt and enforce subdivision regulations and require plat approval), Tex. Local Gov't Code Ann. Section 242.001 (authority to regulate subdivisions pursuant to all statutes applicable to counties within the extraterritorial jurisdiction of municipalities), Tex. Health and Safety Code Ann. Sections 366.032 and 368.011 (authority to adopt rules relating to on-site sewerage facilities), Tex. Health and Safety Code Sections 121.003 and 122.001 (authority to enforce laws and appropriate funds necessary to protect public health), Tex. Water Code Ann. Section 16.311 , et seq. (authority to set standards for construction within flood plain and to guide development of future development to minimize damage caused by floods), Tex. Water Code Ann. Section 54.2271(regulation of municipal utility districts), Tex. Water Code 26.032 (authority to adopt rules to prevent pollution or injury to public health arising from use of on-site sewer-age facilities), and Tex. Water Code Sections 26.171 and 26.175 (regulation of water quality by counties); a. Vernon's Ann. Civ. St. Article 6702-1, Sec. 2.401 relative to roads and drainage. b. Vernon's Ann. Civ. St. Article 8280-13 and the National Flood Insurance Act of 1968 relative to development in the flood plain .-.. c. Section 26.032 of the Texas Water Code. Kerr County Subdivision Rules & Regulations January, 1998 Page 4 Section I GENERAL PROVISIONS & PURPOSES These Subdivision Regulations have been adopted based on the following findings: (a) The Commissioners' Court of Kerr County has the authority to regulate the subdivision process pursuant to Government Code, §232.001. (b) The Commissioners' Court of Kerr County has been designated by the Texas Natural Resource Conservation Commission as the authorized agent for the licensing and regulation of on-site sewerage facilities within Ken County and these Regulations are a necessary component of such regulation; (c) The Commissioners' Court of Kerr County has the authority and obligation to exercise general control over the roads, highways, bridges and related drainage structures and development within Kerr County; (d) The Commissioners' Court of Kerr County has been granted the authority and responsibility under the Federal Emergency Management Act to administer flood plain development regulations within the County and to regulate associated development; (e) The Commissioners' Court of Kerr County has considered the potential pollution, nuisances and injury to public health that could be caused by the use of private sewerage facilities within the County and has adopted these Regulations to abate or prevent the potential pollution, nuisances or injury to public health; (f) The Commissioners' Court of Kerr County has considered the potential public health crisis and diminution in land values that will occur if the demand for groundwater within the County exceeds the rate that groundwater resources are replenished within the County and has adopted these Regulations to prevent or limit such potential injury to public health and land values; (g) The Commissioners' Court of Kerr County has considered the potential that other governmental entities may, in the absence of local measures, enact more restrictive or less flexible regulations to regulate groundwater resources within the County and has implemented these regulations for the purpose of preserving local control over the resources, property rights and public health of Kerr County; (h) The Commissioners' Court of Kerr County has the authority and obligation to protect the public health, safety and welfare of the citizens of Kerr County; Kerr County Subdivision Rules ~ Regulations January, 1998 Page 5 Section II DEFINITIONS For the purposes of Kerr County Subdivision Rules & Regulations, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section: Definitions not expressly prescribed herein are to be construed in accordance with customary usage in governmental planning and engineering practices. 2.01 Alley: A minor public right-of--way not intended to provide the primary means of the access to abutting lots, which is used for vehicular service access to the rear or sides of properties otherwise abutting on a road. 2.02 Authorized Agent: Any office referred to in the Regulation by title means the person employed or appointed by the County in that position, or duly authorized representative 2.03 Condominium Project: A plan or project whereby four (4) or more apartments, rooms, office spaces, or other units in existing or proposed buildings or structures are offered or proposed to be offered for sale. ~''1 2.04 Condominium: The separate ownership of single units or apartments in a multiple unit structure or in structures with common elements. 2.05 County: Kerr County, Texas 2.06 County Clerk: Ken County Clerk 2.07 Court: Kerr County Commissioners' Court 2.08 Cul-de-sac: A road having but one entrance, and termination at the opposite end by a vehicular turnaround. 2.09 Dead-end-Street: A public road with only on entrance from another public road. 2.10 Developer: Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. Sometimes referred to herein as owner. 2.11 Easement: A limited use of another's real property. Kerr County Subdivision Rules & Regulations January, 1998 Page 6 2.12 ETJ: Extra Territorial Jurisdiction: Local Government Code § 42.021. Extent of Extraterritorial Jurisdiction The extraterritorial jurisdiction of a municipal the unincorporated area that is contiguous corporate boundaries of the municipality and that is located: (1) within one-half mile of those boundaries in the case of a municipality with fewer than 5,000 inhabitants; (2) within one mile of those boundaries, in the case of a municipality with 5,000 to 24,999 inhabitants; (3) within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants; (4) within 3'/z miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants; Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 2.13 Fee Schedule: Applicable fees from all applicable agencies during the -- platting process. 2.14 Lot: An undivided tract or parcel of land having frontage on a public or private road or road 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 subdivision plat which has been properly filed .and recorded. 2.15 Master Plan: Plan showing all subdivisions, roads, utilities, City Limits, ETJ boundaries, etc. in Kerr County. 2.16 Master Road & TralTic Plan: Plan showing current and proposed location of primary arterial roads in Ken County. 2.17 Minor Plat: Two or more lots in a platted subdivision outside ETJ combined to make larger lots or a minor boundary corrections if no lot is smaller than 2.5 acres. 2.18 Owner as used herein is the same as developer. 2.19 Monument: Permanent concrete survey marker. 2.20 Pavement Width: The portion of a street or road available for vehicular traffic; where curbs are laid, it is the portion between the back of curbs. Kerr County Subdivision Rules & Regulations January, 1998 Page 7 2.21 Person: Any individual, association, firm, corporation, governmental agency, or political subdivision. 2.22 Plat: A complete and exact plan for the subdivision of a tract of land into lots for building or other purposes, which, is if approved, maybe submitted to the County Clerk for recording. 2.23 Regulations: Kerr County Subdivision Rules & Regulations 2.24 Right-of--Way (ROW): The area within the outermost boundaries of a street or road including the area for a constructed water course or drainage ditch. 2.25 Routing Slip: Checklist obtained from County Engineer's Office showing all applicable persons have reviewed Plat and appropriate fees are paid. 2.26 Shall, May: The word "shall" is always mandatory. The word "may" is merely directory. 2.27 Road: A Right-of--way or easement, however designated, which provides vehicular access to adjacent land. 2.25.A A "primary arterial road" provides vehicular thoroughfare to various sections of the County and is so included in the County Master Plan. subdivision. property. 2.25.B A "secondary collector road" is a principal thoroughfare within a 2.25.C A "country lane" is one used primarily for access to abutting residential 2.28 Subdivision: A division of any tract of land in two or more parts for the purpose of laying out tracts of land or lots, or for laying out suburban lots or building lots, where the lots may now or in the future be offered for sale, conveyance, transfer, or improvement; and streets, alleys, or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. Subdivision includes re-subdivision or replats. (See Chapter 232, Texas Local Government Code) 2.29 Surveyor: A Registered Professional Land Surveyor, as authorized by the State statutes to practice the profession of land surveying. 2.30 TNRCC: Texas Natural Resources Conservation Commission. 2.31 Utility Easement: An interest in land granted to the Public generally and / or to a private or public utility corporation, for installing, operating, and maintaining utilities across Kerr County Subdivision Rules & Regulations January, 1998 Page 8 over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. 2.32 Utility Lines: An apparatus used to convey a utility to the consumer (ie. telephone or electric lines or buried cable, or water lines) Kerr County Sutxiivision Rules & Regulations January, 1998 Page 9 Section III APPLICABILITY AND ENFORCEMENT 3.01 No plat shall be filed for record in Kerr County unless the standards contained or referred to herein have been complied with in full. No lot in any Subdivision shall be sold until the Final Plat is approved and recorded, and all the standards, specifications or requirements contained or referred to herein have been complied with in full. 3.02 The County Engineer as the authorized agent for Kerr County is hereby authorized and directed to enforce rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of all components of a subdivision including but not limited to roads, easements. sidewalks, monuments, criteria for drainage easements requirements, drainage facilities, and crosswalks. The engineer shall recommend to the Court any changes to be made. All such improvements shall be constructed, installed, designed, located, and arranged by the subdivider in accordance with such rules, regulations, standards, and specifications. 3.03 On behalf of Kerr County, the County Attorney shall, when directed by the Court, institute appropriate action in a court of competent jurisdiction to enforce the provisions of these Rules and Regulations or the Standards referred to herein with respect to any violation thereof which occurs within the County. 3.04 If a subdivision exists for which a final plat has not been approved and recorded or in which the standards contained or referred to herein have not been complied with in full, the Court shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, the County Clerk shall, when directed by the Court, cause a certified copy of such resolution under the corporate seal of the County to be filed in the Deed Records of Kerr County. If full compliance and final plat approval are secured after the filing of such resolution, the County Clerk shall forthwith file an instrument in the Deed Records of such county stating that the resolution of non-compliance no longer apply. 3.05 Provided, however, that the provisions of this section shall not apply to any recorded subdivision, or lot therein, which was approved and recorded or had preliminary plat approval prior to the acceptance of these regulations. All subdivisions approved prior to acceptance date hereof shall be subject to rules and regulations effective at the time of final plat approval 3.06 The Developer shall be responsible for all costs of the improvements required by these Subdivision Rules and Regulations, and all other costs related thereto, including costs related to inspection of construction within the subdivision as set forth herein. 3.07 Penalties or enforcement for non compliance: Kerr County Subdivision Rules & Regulations January, 1998 Page 10 Section IV VARIANCES The Court may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Court shall prescribe only conditions that it deems necessary to, or desirable in, the public interest. In making the findings here-in-below required, the Court shall take into account the nature of the proposed use of the land involved, existing use 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 granted unless the Court finds: 4.01 That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Rules & Regulations would deprive the applicant of the reasonable use of his land; and 4.02 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 4.03 That the granting of a variance will not be detrimental to the public health, safety ^ or welfare, or injurious to other property in the area; and 4.04 That the granting of a variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Rules & Regulations. Such findings of the Court together with the specific facts upon which such findings are found shall be incorporated into the official minutes of the Court meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of these Rules & Regulations. Monetary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. Kerr County Subdivision Rules & Regulations January, 1948 Pagel 1 ' Section V SUBDIVISION STANDARDS No preliminary or final plat shall be approved by the Commissioners' Court and no completed improvements shall be accepted by the Court unless they conform to the following standards and specifications: 5.01 General: S.OI.A 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 roads to comply with County's Master Road Plan and Traffic Plan.(See Appendix J) S.O1.B Reserve strips prohibited: There shall be no reserve strips controlling the only access to land dedicated or intended to be dedicated for public use. S.O1.C Right of Way: All right of ways shall be cleared of all impediments including boulders, stumps, trees, or any other debris. Selective clearing maybe approved by County Engineer. Right of way limits shall be contiguous with lot lines S.O1.D Lot Size: The minimum allowed lot size is 2.5 acres when there is an individual water well and an OSSF. The Court may allow smaller tot sizes if such lots are in compliance with the rules and regulations of the OSSF program and the HUWCD program. 5.02 Roads: 5.02.A Road Layout: Adequate roads shall be provided by the Developer, and the arrangement, character, extent, width, grade and location of each shall be considered in their relation to existing and planned roads, to topographical conditions, to public safety and convenience, and in their appropriate relationship to the proposed use of land to be served by such roads. The road layout shall be devised for the most advantageous development of the entire neighborhood, in compliance with County's Master Road Plan and Traffic Plan.(See Appendix J) 5.02.B Relation to adjoining road system:. Where necessary to the neighborhood pattern, existing roads in adjoining areas shall be continued, and shall be at least as wide as such existing roads and in alignment therewith. 5.02.C Projection of roads: Where adjoining areas are not subdivided, the arrangement of roads in the subdivision shall make provision for the proper projection of roads into such unsubdivided areas. 5.02.D Road intersections: Road intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography. Kerr County Sutxlivision Rules & Regulations January, 1998 Page 12 5.02.F Cul-de-sacs: Cul-de-sacs shall have a radius of not less than 75 feet in residential areas, and a radius of not less than 100 feet in commercial and industrial areas. 5.02.G Lot and block numbers are to be arranged in systematic order and shown on the plat. Each block will have a number one (1) and each subdivision unit will have a separate lot and block designation. VII. ) 5.03.H Road construction and design shall meet requirements herein.(See Section 5.02.I Road Names: Proposed roads which are in alignment with existing named roads shall bear the names of the existing roads. In no case shall the name for proposed roads duplicate existing road names of record with Kerr County, nor shall like sounding road names be permitted, regardless of difference in suffixes (i.e., road, avenue, lane, place, etc.) The Court or its authorized agent shall have final determination of road names. 5.02.J Signs: Reflecting road name signs shall be furnished and installed by the developer at all intersections within or abutting the subdivision. Road name signs shall be placed in a uniform manner throughout the subdivision. The developer shall consult with the County Engineer as to the plan of placement thereof prior to the installation of such road name signs. -- Road name signs shall be 9' above the pavement to the bottom of the sign on an approved metal post. All traffic signs shall be furnished and installed by the developer in accordance with the latest issue of the Texas Manual of Uniform Traffrc Control Devices (MUTCD) issued by the Texas Department of Transportation. 5.02 K Guardrails: If the road is constructed in such a manner that it has a minimum of five (5) feet vertical drop off within 200 ft. of the road, a guard rail shall be installed by the developer, in accordance with Texas Department of Transportation Standard and in accordance with the Specifications of the Texas Railroad Commission. 5.03 Water Installations 5.03.A General: Water for lots in subdivision may be supplied by the developer or by the purchaser of the lot at the option of the developer. If the developer chooses to install a distribution and supply system, plans and specifications for water systems must have been approved by the Texas Natural Resources Conservation Commission (TNRCC) and a copy of the plans, specifications and approval letter from TNRCC shall be furnished to Kerr County prior to final plat approval by Kerr County. 5.03.B Water System: When a separate central (public) water system is planned, a statement from the Texas Natural Resources Conservation Commission (TNRCC) and Headwaters Underground Water Conservation District (HUWCD)indicating that the system Kcrr County Subdivision Rules & Regulations January, 1998 Page 13 design is approved and that it will provide adequate water supply to the subdivision, including fire protection. 5.03.C If the Final Plat is submitted for approval before the water system construction is complete, a Performance Bond or Letter of Credit will be filed with Ken County to guarantee completion. 5.03.D The approved rules and regulations adopted by HUWCD concerning installation of individual water supply shall be incorporated herein and shall be part hereof. 5.04 Waste Disposal System: 5.04.A General: Each lot in a subdivision must have some legal means of waste (sewage) disposal and approval by the authorized agent for Kerr County OSSF. 5.04.B The approved Ken County OSSf program shall be incorporated herein and shall be a part thereof. 5.05 Utility Lines: -- S.OS.A All utility lines that pass under a road or alley shall be installed before the road or alley is paved. When it is necessary that utility lines pass under an existing road or alley pavement, they shall be bored to a point at least 4 feet beyond the edge of the pavement. (See Appendix H) S.OS.B Utility fixtures extending above ground (poles, fire hydrants, etc.) will be within four (4) feet of the right of way line. S.OS.C Underground utility lines are to be placed a minimum of three (3} feet below surface at all locations (and meet all safety codes) and within a range of 0 to 4 feet of the right of way line.(See Appendix H) 5.06 Monuments: A minimum one concrete monument containing certified benchmark elevations, shall be located within the subdivision by the surveyor. Their location shall permit comparable access from all lots. 5.07 Drainage: 5.07_A Easement: Where a subdivision is traversed by a water course, drainage way, natural channel or stream, there shall be provided an easement or right of way conforming to the limit of such water course, plus additional width of 10' (or 100 year flood line) to accommodate future needs. Kerr County Subdivision Rules 8c Regulations January, 1998 Page l4 5.07.B Drainage facilities shall be provided and constructed in accordance with approved plans as required in these regulations. Drainage plans shall be prepared by a registered professional engineer experienced in hydrology analysis, and shall be signed and sealed. 5.07.C Drainage facilities shall be designed to minimize erosion of road right of ways(embankments and drainage ditches) or any adverse impact to private property. 5.07.D Three copies of the storm drainage plan, prepared to a scale of 200 feet to one (1) inch and with the same contours and scaled lot sizes as shown on the plat. All road widths and grades shall be indicated, and runoff figures shall be indicated on the outlet an inlet side of all drainage ditches and storm sewers, and at request of the County Engineer, at all points in the road at changes of grade or where the water enters another road or storm sewer or drainage ditch. Drainage easements shall be provided as necessary. 5.07.E Calculations showing the anticipated storm water runoff, including watershed area, percentage and velocity of runoff, and time of concentration. When a drainage ditch or storm sewer has been constructed ,design calculations shall be submitted, showing basis for design. 5.07.F When a drainage channel or storm sewer has been constructed ,three copies of complete construction plans, profiles, and specifications shall be submitted, showing complete construction details. No pipe less than 18 inches in diameter or comparable flow area shall be used, including driveway crossings. 5.08 Other Regulations. In addition to these rules and regulations all subdivisions are subject to the rules and regulations of the Kerr County OSSF program, HUWCD program, and all other applicable County, State and Federal regulations. Kerr County Subdivision Rules & Regulations January, 1998 Page t ~ Section VI PLATTING PROCEDURE 6.01 Preliminary Conference: Prior to submission of a preliminary plat, the developer shall consult with and present two (2) preliminary plans in sketch form to the County Engineer; one preliminary plan in sketch form to the authorized agent for Kerr County OSSF program; and an additional preliminary plan in sketch form to each of the appropriate utility companies. The County Engineer will forward one copy of the preliminary plan in sketch form to the County Commissioner of the precinct in which the proposed subdivision is located. The developer will be responsible for fulfilling all of the requirements set forth herein, whether or not such requirements are specifically set forth at the preliminary conference. 6.02 Preliminary Plat and Data 6.02.A General: The developer shall cause a preliminary plat to be prepared, along with the accompanying site improvement data and detailed cost estimates to determine value of bond or letter of credit. 6.02.B Fees: Any preliminary plat shall be accompanied by a filing fee as listed in Fee Schedule. No action shall be taken by the Court until the filing fees have been paid. This fee is not refundable should the developer fail to make formal application for plat approval or should the plat be disapproved. The fee is paid to the Kerr County Clerk, and a signed checklist shall be returned to the County Engineer, as outlined herein. (See Fee Schedule in Appendix F.) 6.02.C Copies required: The developer shall submit six (6) prints of the plat to the County Engineer, and one (1}each to each person who signs the Plat. (See Routing Slip Appendix I. ) 6.02.D Form and Content: The plat shall be drawn on sheets twenty-one inches (21 ") vertical and twenty-six inches (26") horizontal, with margins of not less than one-half inch (1 /2") The plat shall be drawn to a scale of not more than two hundred feet (200'} to one inch (1 "). When more than one sheet is necessary to accommodate the entire area, and index sheet showing the entire subdivision shall be provided. The plat shall show the following: 6.02.D.1 Names and addresses of the developer, record owner, and engineer. 6.02.D.2 Proposed name of the subdivision, which shall not have the same spelling as, or be pronounced similar to the name of any other subdivision located within the County. The name the subdivision, streets, roads, addresses, etc. shall be approved by the Kerr County 91 1 Board. Kerr County Subdivision Rules & Regulations January, 1998 Yage 16 6.02.D.3 Names of contiguous subdivisions and / or indication of whether or not contiguous properties are platted. School District lines are to be indicated, or the district within which the subdivision is situated will be stated. 6.02.D.4 An accurate boundary survey of the property, with bearings and distances, reference to a patent survey lines and adjoining established subdivisions. Subdivision boundary lines shall be indicated by heavy lines. The approximate acreage of the subdivision shall be shown. 6.02.D.5 Existing roads as follows: 6.02.D.S.a The location, dimensions, names and description of all existing or recorded roads, streets, alleys, reservations, easements or other rights-of--way within the subdivision, intersecting, or contiguous with its boundaries or forming such boundaries. 6.02.D.6 The location, dimensions, description and name of all proposed streets, alleys, parks, other public areas, reservations, easements or other right-of--way, blocks, and lots within the subdivision. 6.02.D.7 Date of preparation, scale of plat and approximate true north arrow. -- 6.02.D.8 Topographical information shall include: (a) contour lines at five (5) foot intervals, (b) one hundred (100) year flood elevation line, if applicable, as determined from the Kerr County Flood Insurance Rate Map (FIRM) or as approved by the Kerr County Flood Plain Administrator. (See drainage calculations as required in 5.07G through 5.07I) 6.02.D.9 The exact location, dimensions, names and description of all existing or recorded streets, alleys, reservations, easements, or other rights-of--way within the subdivision, intersection or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, computed area, with central angle, tangent distance and length of all curves, where appropriate. All lot corners shall be marked with 1/2 inch diameter x 18 inches long iron pins. 6.02.D.10 The exact location, dimensions, description and name of all proposed streets, alleys, parks, other public, areas, reservations, easements or other rights-of--way, blocks, lots, monuments and other sites within the subdivision with accurate dimensions, bearing or deflection angles and radii, appropriate. 6.02.D.11 The plat will show the location of all utilities lines and utility easements set forth herein. 6.02.D.12 The plat must show all roads with surveyed sixty (60) foot right-of--way separate from individual lots and whether or not such roads are dedicated to the public or are to ,_.. remain private. Kerr County Subdivision Rules & Regulations January, 1998 Page 17 b.02.D.13 For subdivisions that lay within, all or part, of the one hundred (100) year flood plain, the plat must show the minimum finished floor elevations of each lot in accordance with the Ken County Flood Damage Prevention Order. 6.02.D.14 A number or letter to identify each lot or site and each block. Lot lines should be contiguous with right-of--way lines for all roads and streets, where applicable. 6.02.D.15 Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every road, boundary line, and the building setback line, whether curved or straight. This shall include accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate. 6.02.D.16 The tolerance and accuracy of the boundary survey shall be as follows: the unadjusted closure shall have a minimum accuracy of 1:10,000. Minimum angle closure shall be 15 seconds times the square root of N, where N is the number of angles in the reverse, and linear distance accurate to 0.1 + feet per 100 feet. 6.02.D.17 Location and description of monuments in the subdivision. Minimum of one (1) monument per subdivision with a certified elevation benchmark. 6.02.D.18 Number of all Lots and Blocks, and house or building numbers shall be assigned by the 911 Director in conformance with Kerr County 911 map. b.02.D.19 A certification of dedication of all roads and easements, and other land intended for public use, signed by the owner or owners of the property. 6.02.D.20 Certification by a Registered Public Surveyor, registered in the State of Texas, to the effect that such plat represents a complete and accurate survey, and meets all Kerr County Subdivision Rules & Regulations. 6.02.E Accompanying data: When submitted, the preliminary plat shall be accompanied by: 6.02.E.1 Location map at a scale of not more than 4000 feet to an inch which shall show the proposed subdivision, existing adjacent subdivisions, adjoining State and County road and School District lines. 6.02.E.2 Proposed master plan of all the developer's property when the subdivision is a part of a larger tract in accordance with these Rules & Regulations, using scale of not more than 400 feet to an inch. 6.02.F Processing of Preliminary Plat: Kerr County Subdivision Rules & Regulations January, 1948 Page I S 6.02.F.1 Submit Preliminary Plat and other required data as required by these Rules and Regulations at which time a Routing Slip shall be started by the developer. County Engineer shall check the preliminary plat as to its conformity with the master plan, major road plan, public health and the standards and specifications set forth or referred to herein and shall deliver the preliminary plat and data to the Court, with suggestions as to modifications or alterations of such plat and data, if applicable. 6.02.F.2 Within thirty (30) days after the preliminary plat is formally submitted to the County Engineer, the Court shall approve or disapprove the preliminary plat or approve the plat with conditions. Conditional approval shall be granted by the Court in writing. A marked up copy of the Plat shall be returned to the developer. A preliminary plat which has been reviewed by the Court and altered at their direction, will not be conditionally approved until such changes have been agreed to, in writing, by the applicant, and such changes made on the plat. 6.02.F.3 Conditional approval of a preliminary plat shall be effective for one (1) year unless reviewed by the County Engineer in the light of new or significant information which would necessitate a revision of the preliminary plat. If the County Engineer should deem changes in a preliminary plat as necessary, he shall so inform the developer in writing. 6.02.F.4 Conditional approval of the preliminary plat by the Court will indicate -. their approval for construction, but will not constitute approval for recording. Approved preliminary plats shall be filed at the office of the County Engineer and the County Clerk's Office. 6.02.F.5 If no development has occurred which would affect the proposed plat after one (1) year of effective approval, the Court may upon the application of the developer , extend the approval six months. 6.02.F.6 No sale of lots in any subdivision shall begin until the final Plat has been approved by the Court and subdivision plat has been filed with the County Clerk, Kerr County, Texas. 6.03 Final Plat Approval : Submit Final Plats thirty (30) calendar days prior to next Commissioners' Court date, and Routing Slip shall be started by the developer, to be returned to County Engineer fifteen (15) calendar days before Commissioners Court date requested. Developer shall submit two (2) reproducible mylar copies. Plats shall be in correct order to be recorded and shall not be removed from the County Clerk's possession prior to filing. The mylar copies shall be filed on record with the County Clerk. 6.03.A Fees: County Clerk: Any final plat shall be accompanied by a filing fee as per Fee Schedule.(See Appendix F) No action shall be taken by the Court until the filing fees have been paid. This fee is not refundable should the developer fail to make formal application for ,..~ plat approval or should the plat be disapproved. All fees shall be paid by developer. Kerr County Subdivision Rules & Regulations January, 1998 Page 19 6.03.B Form and Content of Plat: 6.03.B.1 The final plat shall substantially conform to the preliminary plat as approved or conditionally approved by the Court, incorporating any and all changes, modifications, alterations, corrections and conditions required by the Court. 6.03.B.2 The final plat shall be on permanent reproducible mylar, 21 inches vertical and 26 inches horizontal with margins of not less than 1/2 inch. The plat shall be drawn at a scale of not more than 200 feet to one (1 }inch. Where more than one sheet is necessary to accommodate the entire subdivision, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. 6.03.B.3 The final plat shall be submitted in six (6) blueline copies, together with two (2} reproducible mylar copy of the original, a digital copy in .DWG computer format (labeled with subdivision name); and shall contain all of the features required for preliminary plats as set forth herein and shall also include the following: 6.03.B.3.a Developer's or Owner's Certificate of Ownership. 6.03.B.3.b Certification by the surveyor responsible for surveying the -- subdivision area, attesting to its topography, drainage, and its accuracy. 6.03.B.3.c Certification by the County Engineer. 6.03.B.3.d Certification by the 911 Board. utility layout. 6.03.B.3.e Certification by the Utility Companies verifying easements and 6.03.B.3.f Note on Status of Drainage Easements: Property owners may not utilize drainage easements for any purpose detrimental to their intended use. No objects, including but not limited to, buildings, fences, or landscaping, shall be allowed in a drainage easement except as approved by the County Engineer. 6.03.C Accompanying Data: 6.03.C.1 When submitted, the final plat shall be accompanied by the following site improvement data, prepared by a Registered Professional Engineer. 6.03.C.1.a Roads: Three copies of plans, profiles, drawings, construction details, and test reports on all materials used and verification of installed materials, on all roads. Kerr County Subdivision Rules & Regulations January, 1998 Yage 20 ~.. 6.03.C. l.b A general location map of the subdivision showing the entire watershed (U.S.G.S. Quadrangle is satisfactory}. 6.03.C.2 When filed, the final plat shall also be accompanied by: 6.03.C.2.a Tax Certifications from the School District, County and other Tax Districts which indicate that all ad valorem taxes have been paid on all land included within the subdivision as shown on the final plat. 6.03.C.2.b Signatures of Certification by the proper authorized official of each public utility company or board involved that easements shown are adequate for their purposes. 6.03.C.2.c A check, payable to the County Clerk of Kerr County in the amount required for recording the final plat in the office of the County Clerk. 6.03.C.2.d A letter of authorization to file from any city in whose Extra Territorial Jurisdiction the subdivision may be located. 6.03.D Processing Final Plat: 6.03.D.1 If desired by the developer and approved by the Court, the final '~ plat may constitute only that portion of the approved preliminary plat which the developer proposes to develop and record. Such portion shall conform to all requirements of this Regulation. 6.03.D.2 No final plat (excluding minor plats and minor replats) will be considered unless a preliminary plat has been approved. 6.03.D.3 A final plat of an approved preliminary plat or a portion thereof shall be submitted to the Court within twelve (12) months after the date of approval of preliminary plat; otherwise, the approval of the Court shall become null and void, unless an extension of time is applied for and granted by the Court. 6.03.D.4 If the final plat is not approved, the Court or it's designee shall inform the developer in writing of the reasons at the time such action is taken. 6.03.D.5 After the final plat has been approved and the developer has filed the security and maintenance bond hereinafter provided, the Court shall cause the final plat to be recorded in the Office of the County Clerk. 6.04 Minor Plats or Minor Replat: Minor plats or minor replats (that meet all of the following requirements) shall be approved by the County Engineer and the Commissioner of the precinct in which the plat is located. Kerr County Subdivision Rules & Regulations January, 1998 Page 21 6.04.A Combining two or more lots into one lot, both of which are in the same recorded subdivision. 6.04.B Change boundary lines on a lot or series of lots if no single lot is smaller than 2.5 acres, both of which are in the recorded subdivision. 6.04.C lot. 6.04.D 6.04.E 6.04.F 6.04.G Rules & Regulations. 6.04.H Does not involve construction of new roads, public or private, to access an Does not involve construction of a public water system. Does not have roads or driveways entering into a State Highway. Does not require construction of drainage ways on drainage structures. Each plat shall meet all other requirements of Kerr County Subdivision The County Engineer or the Commissioner in whose precinct the minor plat or minor replat is located may place a minor plat or minor replat on Commissioners' Court Agenda at their descretion. 6.05 Replat of Existing Recorded Subdivision 6.OS.A A person who proposes to replat a recorded plat or a part thereof, is subject to the subdivision Rules and Regulations of Kerr County, such Replat must be prepared by a Registered Professional Engineer/ Registered Professional Land Surveyor registered in Texas, and submit written applications and a checklist to the County Engineer. Upon approval of Preliminary Replat by Commissioners' Court, the Commissioners Court will set a public hearing date, County Clerk will cause the notices of the application to be printed in a newspaper of general circulation in the County. The notice must include a statement of the time and place at which the Court will meet to consider the subdivision replat. (Cost of Notice to be paid by land owner. 6.OS.B The notices will be published at least thirty (30) days before the date set for public hearing, in a manner prescribed by law. 6.OS.C Notice of the Application shall be sent to each owner in subdivision, at his or her address on said tract by certified or registered mail, return receipt requested. (Cost of Notice to be paid by land developer or owner.} If less than 80% of return receipts are not received before the day before court date, the item may be postponed by the Court. Kerr County Subdivision Rules & Regulations January, 1998 Yage 22 ~' 6.OS.D The Commissioners' Court at a regular meeting of the Court, shall adopt an order pertaining to the person(s) seeking to replat the subdivision if it is shown to the court that 6.OS.D.1 The replat will not interfere with the established rights of any owner(s) of parts} of the subdivision. 6.OS.D.2 If the replat does interfere with the established rights of an owner(s) of a part(s) of the subdivision, that the owner has agreed in writing to the revision. 6.05.E The replat will progress in the same manner as a Preliminary Plat and Final Plat and meets all requirements of Kerr County Subdivision Rules and Regulations. 6.OS.F A fee per Fee Schedule (See Appendix F) paid to County Clerk to cover cost of public notices and present receipt to County Engineer. 6.06 Plat Revision or Cancellation: The owner or owners or 75% or more of the land area in a subdivision may petition the Commissioners' Court for revision or Cancellation (Vacation) of such subdivision, including dedicated roadways or easements. Notice of such petition shall be published in a newspaper in the County at least 30 days prior to action by the Commissioners' Court at regular term in a manner prescribed by law. In addition, non-developer _ owners of lots in the subdivision shall be notified by certified or registered mail. (See Paragraph 6.OS.F. above) If approved by the Commissioners' Court, the revision or cancellation will be filed with the County Clerk with the usual filing fee. Ken County Subdivision Rules & Regulations January, 1998 Page 23 Section VII ROAD DESIGN AND CONSTRUCTION 7.01 Permitted Roads. All roads, whether maintained by the County or a homeowners association, shall be constructed in accordance with these Regulations and shall be classified as one of the three following types of roads (referred to collectively as "Permitted Roads"): (a) Publicly dedicated, paved and to be maintained by Kerr County and construction pursuant to Section 7.7; (b) Private, paved and to be maintained by Homeowners Association or property owners in perpetuity (or until constructed to then-applicable County standards for acceptance of maintenance, and accepted for maintenance by resolution of the Commissioners Court) and constructed pursuant to Section 7.8; or (c) Private, not paved and to be maintained by a Homeowners Association or property owners in perpetuity (or until construction to then-applicable County standards for acceptance of maintenance, and accepted for maintenance by resolution of Commissioners Court) and constructed pursuant to Section 7.9. 7.02 Dedication to Public. Any dedication to the public shall be accomplished either by deed conveying a fee simple interest or by a dedication on the plat conveying a perpetual right _ of way easement in the property to the County for public use. No dedication shall be effective until the Record Plat is recorded. In no event shall any private lot extend into a dedicated roadway. 7.03 Design of Public Improvements. All improvements shall be designed and installed so as to provide, to the maximum extent feasible, a logical system of utilities, drainage and roads and to permit continuity of improvements to adjacent properties. (See Appendix G for Drawing) 7.04 Access to Permitted Roads. Tracts shall have the minimum direct frontage onto a permitted road set forth below and driveways shall be spaced no closer than the minimum space intervals set forth below, depending on the classification of road onto which the resulting tract has frontage and the driveway has access: Minimum Direct Road Classification Lot Frontage Privately Maintained Shared Access 200' Country Lane Local Road Secondary 200' 200' 200' Minimum Driveway Snacin~ 75 75 75' 120' (a) Flag Lots. Flag lots shall generally not be permitted, except if approved by the Commissioners Court as consistent with the intent and spirit of these Kerr County Subdivision Rules Xt Regulations January, 1998 Page 24 "'' Regulations. The Kerr County Engineer shall advise the Commissioners Court if a proposed Resulting Tract constitutes a "flag lot" and the Commissioners Court shall, in reviewing all the circumstances, make the final determination. 7.05 Commercial Driveways. Driveways serving commercial development shall be spaced at the minimum intervals 200 feet. 7.06 Publicly Dedicated Paved Roads to be Maintained by Kerr County. Paved Roads dedicated to the public shall be required in all Subdivisions except those satisfying the criteria for unpaved roads or private roads, as set forth below. All such paved roads shall be designed and constructed in accordance with the specifications set forth in the Kerr County Road Design and Construction Specifications. The boundary lines of all Resulting Tracts fronting onto a publicly dedicated right of way shall be contiguous with the boundary of the right of way. 7.06.1 Sub Grade Preparation (a) Clearing and Grubbing: The entire area of the ROW shall be selectively cleared and grubbed to a depth of not less than 6" below natural ground in fill areas and one foot below sub grade elevation in excavated areas. Brush and other debris shall be removed from the ROW and disposed of as -- elected by the developer. (b) Density: Sub grades shall be constructed and finished with a minimum density of 95% of standard proctor for in place materials or as specified in the payment report prepared by a soils lab. (c} Testing: Test reports showing density compliance, from a certified testing laboratory, shall be submitted to the County Engineer. Minimum tests made and submitted shall be one for each 0.1 mile, alternate lanes, or as directed by the Engineer, with a minimum of two reports per project. Such tests shall be by and at the expense of the developer. Additional testing maybe required and, if necessary, will by made at the request of the County Engineer and cost thereof paid by the County if the test passes and paid for by the developer if the test fails. (d} Inspection: The sub grade shall be inspected and approved, in writing, by the County Engineer, or his designated representative, prior to the placement of any base on sub- grade. 7.06.2 Grading: The roadway area, (sub grade, ditches and slopes), shall be constructed in accordance with the typical sections shown in Appendix G and made part hereof and with the following requirements: Kerr County Subdivision Rules & Regulations January, 1998 Page 25 ^' (a} Embankments: Embankments shall be placed in lifts of not more than eight (8} inches loose depth and each lift shall be thoroughly compacted by sprinkling and rolling before placement of succeeding lifts. (b) Unstable Material: Unstable material encountered in either excavated section or beneath embankments shall be removed to a depth of not less than one foot below natural ground or finished sub grade and replaced by satisfactory material. Material so removed shall be removed from the ROW. 7.06.3 Roadway Ditches: Ditches intended for parallel drainage shall be designed to accommodate runoff to be expected at a two (2) year frequency. On grades of more than three (3) percent, in friable soils, erosion control by sodding and/or seeding or by properly designed checks of concrete, stone or sod blocks shall be included. 7.Ob.4 Culverts: Cross drainage culverts shall be designed for runoffto by expected at a five (5) year frequency; may be with standard reinforced concrete pipe, corrugated galvanized metal pipes or reinforced concrete boxes; and shall be capable of sustaining "H-15-Highway Loading." No box culvert shall be smaller than two (2) feet in either waterway height or depth. No pipe structure shall have waterway area of less than 1.76 square feet (18 inch diameter). ._. 7.06.5 Side road or Entrance Culverts: No entrance culvert shall be less than twenty (20') feet in length with waterway of not less than 1.76 square feet (18 inch diameter) and shall be designed for runoff of ten { 10) year frequency. Headwalls, if placed, shall be of reinforced concrete or course laid masonry, and shall be no higher than six (6) inches above the base crown elevation. 7.06.6 Bridges: All bridges shall be designed by a Registered Professional Engineer with at least five years experience in bridge design. The load capacity shall be not less than "H-15" as defined. Bridges shall be founded and protected by rip rap to withstand floods of one hundred (100) year frequency. 7.06.7 Overflow Sections: The Commissioners' Court will consider allowing the installation of overflow sections (low water crossings). Such consideration will adjudge the probable frequency and depth of overflow, the traffic potential and the nature of the tributary area. The following conditions are considered suitable for the installation of overflow sections: (a) Drainage Courses: Drainage courses having no defined channel where channel construction would possibly develop liability for diversion or concentration of runoff. (b) Streams: Streams having a defined channel for normal flow and usual runoff with a wide flood plain covered by infrequent storms. Kerr County Subdivision Rules & Regulations January, 1998 Page 26 ~-- (c) Stream Crossings: Stream crossings where traffic potential does not economically warrant bridge construction. (d) Construction: Overflow sections shall be of reinforced concrete, not less than five (5) inches in thickness and containing 5 sacks of portland cement per cubic yard of finished concrete; shall extend horizontally between high water elevation calculated for a design storm frequency; and perimeter footing shall extend downward to stable foundation. (1) Reinforcement: Reinforcement shall be not less than No. 4 bars placed twelve (12") inches on centers, both longitudinally and transversely. Laps, if required, shall be not less than twenty (20) inches and shall be staggered in position. Laps shall be 40 times bar diameter. (2) Crown Width: The crown width of overflow sections shall be not less than two (2) feet wider than the approach pavement or surface. 7.06.8 Base or Base Courses: (a) Material: Material for base courses shall be crushed stone in accordance _ with Type A, Grade 2 Flexible Base, Texas Department of Transportation (TxDOT) Standard Specification, that meets the following physical requirements: Retained on Sauare Sieve !%1 Sieve 0 2 I/2" 0-10 1-3/4" 45-75 # 4 60-85 # 40 Liquid Limit of Soil Binder Plasticity Index Linear Shrinkage, percent Wet Ball Mill 40 Maximum 12 Maximum, 4 Minimum 7 '/2 Maximum 45 Maximum At the discretion of the County Engineer, Type B, Grade 2 (crushed gravel) may be used. Developer must have written permission from County Engineer before using this material. Test reports must be submitted. (b) Construction Methods: Base on all streets and roads shall have a compacted base depth of not less than six (6") inches and shall be constructed in two approximately equal courses. The material shall be Kerr County Subdivision Rules & Regulations January, 1998 Page 27 ~-- dumped, spread, mixed, wind rowed, watered and other operations necessary to produce a uniformly blended mixture of the desired course thickness, moisture condition land gradation. Shaping of the blended mixture to the required grade and line shall follow the mixing procedure and precede the compaction. Compaction of each course of crushed stone flexible base material shall be accomplished by suitable equipment to obtain a minimum density of 95% of AASHTO T180-61 (Standard Proctor). Moisture content shall be maintained near optimum during compaction. Soft spots that develop during compaction will be removed and replaced to the required density. Areas that show evidence of segregation shall be replaced before the compaction of the course is complete. The same procedures shall be used in the construction of each course. (c) Variances: The Commissioners' Court may permit minor variances from soil constant requirements stated in the above listed specifications when the minimum compacted depth of course is increased from the minimum stated. (d) Testing Material: Prior to delivery of base material to the road or street, the results of physical tests of the material proposed for use shall be submitted to the County Engineer for approval. These test results shall be .~ certified as conforming to the requirements by an approved commercial laboratory. The certification shall define the area and column represented by the tabulated results. 7.06.9 Prime Coat: After final finishing. curing and correction of any irregularities developed during the curing period have been corrected, the area of the base which is to receive surfacing may be primed with an application of approximately two-tenths (.02) gallons of MC-30 cutback asphalt, or equivalent, per square yard of surface covered. Generally traffic shall be diverted from the primed area until placement of the surface. Should diversion of traffic not be feasible, the prime coat shall be blanket rolled with a pneumatic roller immediately following application. Prime coat shall be permitted to cure following application and before application of surface courses of pavement. 7.06.10 Surface Treatment: All streets and roads in subdivisions, and providing access thereto, which are provided with a wearing surface shall meet the following standards: (a) Asphalt Surface: (1) Asphalt: A two course asphalt surface treatment composed of asphalt and aggregates of the grades and rates of distribution shown below: asphalt shall be Grade AC-5, or CRS-2 emulsion, except that Grade AC-10 may be placed on roads having sharp curves and Kerr County Subdivision Rules & Regulations January, 1998 Page 28 steep grades during the period May 1st to October 15th. Total asphalt, both courses, not less than 0.6 gallon per Square Yard. (2) Aggregates: Aggregates may be crushed limestone, grading as established by the Texas Department of Transportation Standard Specifications. (3) Grading Rates of Distribution: First Course: Asphalt Grade AC-5 or CRS-2 or CRS-2h emulsion (or AC-10)0.4 gallon per Sq. Yd. Aggregate Not finer than Grade 3; Cu. Yd. per 90 Sq. Yds. Second Course: Asphalt Grade AC-5 or CRS-2 or CRS-2h emulsion (or AC-10)0.4 gallon per Sq. Yd. Aggregate Not finer than Grade 6; Cu. Yd. per 100 Sq.Yds. (b) Bituminous Concrete: Should the developer elect, a bituminous concrete pavement may be placed in lieu of the minimum surface treatment described provided a seal coat of grade 4 rock and oil is applied first. Such pavement may be either Hot Mix Asphalt Concrete or Limestone Rock Asphalt Pavement, either proportioned, mixed and laid as required by the pertinent specifications of the Texas Department of Transportation, and providing that any: "Limestone Rock Asphalt Pavement must be placed with an approved spreading and finishing machine and rolling must be delayed for a period sufficient for evaporation of moisture and volatiles." (c) Quality and Spread Rate: Bituminous Concrete Pavement shall be placed in such quantity and spread at such rate as to provide a minimum compacted depth of mat of one and one-half (1-1 /2)inch. (d) Surface Treatment: Surface treatment and/or bituminous concrete pavement shall be blanket rolled at least once each day during three days following placement. (e) Neither Surface Treatment or Asphaltic Concrete shall be placed at any time when: 1. The air temperature is below 60 F and falling; 2. The air temperature is below 50 F, and 3. The roadway surface temperature is below 60 F. Kerr County Subdivision Rules & Regulations January, 1998 Page 29 7.06. 11 Curbed Streets: Where streets or roads are proposed to be provided with curbs or curbs and gutters, design and constructed details shall be in conformity with the attached typical section. The curbed section shall be centered within the available right-of--way. 7.06.12 Shoulders: Untreated shoulders shall be bladed and dragged for uniformity after placement of the surface and shall be smooth, stable and well compacted for the entire width. The thickness of base shall not vary from the prescribed thickness by more than one half (1/2) inch at any point tested. 7.06.13 Cattle Guards: The Commissioners' Court will authorize the installation of cattle guards when considered appropriate for public safety. When permitted, a cattle guard shall be not less than six (6) feet in width, measured along the center of the road and of a length not less than one (1) foot greater than the width of the pavement or 20 feet, whichever is greater. (a) Deck Members: Deck members shall be either weldable upset carbon steel tubing two and three eighths (2-3/8) inches outside diameter or relayed rails weighing not less than seventy (70) pounds per yard. (b) Support Members: Support members shall be structural steel shapes of size and section adequate for H-15 loading with twenty-five (25) percent ,.... impact allowance. Support sections shall be spaced not more than thirty-one (31) inches for tubing decks or forty-eight (48) inches for rail decks. Units may be prefabricated or welded in place, provided fastenings to masonry foundation are arranged for ready removal for clean out. Supporting masonry shall extend to firm foundation or shall be designed as an open flume with ends closed except where structure serves as a drainage structure. Pit drainage shall be provided closed end structures. 7.06.14 Typical Road Sections (a) Minimum Requirements: (1) Primary Arterial: The design parameters for this classification of road shall be determined on a case-by-case basis, taking into account the County Master Road and Traffic Plan, The ultimate design will be as determined by the County Engineer and approved by the Commissioners' Court. (2) Secondary Arterial: Minimum ROW---------------------------------------------- 80' Minimum crown of roadway------------------------------- 4" Minimum section of curbed (face to face of curbs}----- 40' Minimum compacted depth of base material------------- 8" Kerr County Subdivision Rules & Regulations January, 1998 Page 30 ..... Minimum ditch depth (below sub grade at shoulder)--- 12" Minimum base material width--------------------------- 28' Minimum pavement width--------------------------------- 24" Maximum allowable grade-------------------------------- 9% (3) Local Road: Minimum ROW--------------------------------- 60' Minimum crown of roadway--------------------------- 4" Minimum section if curbed (face to face of curbs) 30' Minimum compacted depth of base material-------- 6" Minimum ditch depth (below sub grade at shoulder) 12" Minimum base material width---------------- 24' Minimum pavement width---------------------- 20' Maximum allowable grade-------------------- 12% (4) Country Lane: This type of road shall be mandated by the Commissioners' Court in those cases where a right of way exists and minimal access is desired (i.e. replats). Minimum Cleared ROW------------------------- 60' Minimum crown of roadway-------------------- 4" Minimum shoulders width---------------------- 2' Minimum compacted depth of base material--- 4" Minimum base material width--------------- 20' Minimum pavement width---------------------- 16' Minimum ditch depth--------------------------- 12" Maximum allowable grade-------------------- 12% (5) Privately Maintained Shared Access Road: needs description and consideration. Minimum Cleared ROW------------------------- 30' Minimum crown of roadway-------------------- N/A Minimum shoulders width---------------------- N/A Minimum compacted depth of base material--- N/A Minimum base material width--------------- N/A Minimum pavement width---------------------- N/A Minimum ditch depth--------------------------- N/A Maximum allowable grade-------------------- 15% Kerr County Subdivision Rules & Regulations January, 1998 Page 31 ""'~ {b) Notes: (1) The Construction standards established for roads in Kerr County are minimums, and will only be applicable to construction of roads for certain sub grade and drainage conditions. (2) The minimum right-of--way indicated above is considered adequate for roads with curb and gutter (most conditions) and roads without curb and gutter under ideal conditions. The minimum acceptable right-of--way on all streets and roads will be dependent upon the width of pavement, shoulders, drainage ditches, and amount of cut or fill involved in the design. (3) Access roads shall be located in the existing ROW and follow the existing land form where ever possible. Excessively sharp curves or steep grades, as determined by the County Engineer, will not be permitted. (c) Roads in Subdivisions or roads taken into County maintenance program shall be designed in accordance with American Association of State Highway and Transportation Officials (A.A.S.H.T.O.)" Geometric .-. Design for Highways and Streets", latest version, and shall be incorporated by reference into this document. 7.07 Privately Maintained Paved Roads. All private roads shall be designed and constructed in accordance with the standards specified in the Ken County Road Design and Construction Specifications for paved (7.06), publicly dedicated roads. Private roads shall be permitted only within a Subdivision satisfying each of the following criteria; (a) The following note shall be conspicuously displayed on the Plat: [Owner], by filing this Plat of Record, and all future owners of property within this Subdivision, by purchasing such property, acknowledge and agree that Kerr County shall have no obligations whatsoever to repair or accept maintenance of the roads shown in this subdivision until and unless (Owner] and/or the Homeowners Association has improved the roadways to the then current standards required by Kerr County and the roads have been accepted for maintenance by formal, written action of the Kerr County Commissioners Court and the roadway has been dedicated by the owners thereof, and accepted by the county as a public road. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision; and Kerr County Subdivision Rules & Regulations Januarti'> 1998 Page 32 -- (b) Restrictive covenants establishing a homeowners association, shall be placed on record concurrently with the recording of the Record Plat. 7.08 Privately Maintained Unpaved Roads. Unpaved roads shall be designed and constructed in accordance with Kerr County Road Design and Construction Specifications except for those pertaining to Surface Treatment (7.06.9 ...7.06.12) Unpaved roads shall be permitted within a Subdivision only if each of the following criteria are satisfied: (a) All Resulting Tracts with frontage or access onto the road shall be 10 acres or lamer. (b) Maximum number of eight (8) lots designed for single family residents may have access utilizing a privately maintained unpaved road. (c) The following note shall be conspicuously displayed on the Plat: [Owner], by filing this Plat of Record, and all future owners of property within this Subdivision, by purchasing such property, acknowledge and agree that Kerr County shall have no obligation what so ever to repair or accept maintenance of the roads shown on this subdivision until and unless [Owner] and/or the Homeowners Association has improved the roadways to the_then ... current standards required by Kerr County and the roads have been accepted for maintenance by formal written action of the Kerr County Commissioners Court and the roadway has been dedicated by the owners thereof, and accepted by the county, as a public road. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision. (d} Restrictive covenants establishing a homeowners association, created pursuant to an instrument of record concurrently with the recording of the Record Plat; and (e} Restrictive covenants shall be imposed on all of the Resulting Tracts with frontage or access onto the unpaved road prohibiting any future re-subdivision of any tract into lots smaller than ten acres unless the road is first constructed the County's standards then in effect for paved roads and accepted for maintenance by the County. 7.09 Privately Maintained Shared Access Roads. Up to four (4) Resulting Tracts may share access to a Permitted Road by means of a Privately Maintained Shared Access Road if all of the following criteria are met. All Privately Maintained Shared Access Roads shall be designed and constructed in accordance with the standard specifications in 7.06.13 ... 7.06.14. (a) A plat note is conspicuously displayed on the plat stating: Kerr County Subdi~~ision Rules & Regulations January, 1998 Page 33 "` i. No more than four single family residences may share use of the Privately Maintained Shared Access Road and if any other Development of a Dwelling Unit occurs on any of the Resulting Tracts obtaining access through the Privately Maintained Shared Access Road, then such new Dwelling Unit must obtain independent access to a Perntted Road prior to construction of the Dwelling Unit. For purposes of this Section 87.6 a duplex will not be considered a single family residence. ii. The homeowners of the four Single Family Residences obtaining access through the Privately Maintained Shared Access Road shall be solely responsible for all maintenance of the road, including maintaining any drainage structures associated with the road. (b) Each of the four Resulting Tracts shall hold equal, indivisible and unrestricted rights in the Privately Maintained Shared Access Road, which rights shall be established by recorded easement and the easement shall run with the land of each of the four Resulting Tracts. The easement instrument shall clearly state each Resulting Tract's pro rata responsibility with respect to future maintenance or repairs of the Privately Maintained Shared Access Road. (c) The Privately Maintained Shared Access Road is no longer than one (1) mile in length and a minimum distance of 75 feet is preserved between the Privately Maintained Shared Access Road and any other driveways or roads entering onto the Permitted Road. (d) The postal address of each of the four Resulting Tracts shall be based on the Permitted Road on which the Privately Maintained Shared Access Road gains access and the mailboxes for each of the Resulting Tracts shall be located together along the right of way of the Permitted Road. (e) Up to four (4) Resulting Tracts may share a Privately Maintained Shared Access Road if all other requirements of this Section are met and all Resulting Tracts with access to the road are larger than twenty-five (25) acres in size and restricted by Plat note prohibiting Re-Platting. 7.10 Encroachments into Public Right of Way. No driveway or utility construction, mail boxes, landscaping or any other encroachment into public right of way or easements shall be allowed without first obtaining approval in writine from the Kerr County Engineer. 7.11 Acceptance of Road Maintenance. The developer shall remain responsible for all maintenance and repair of roads within a subdivision until the Commissioners Court, by formal Kerr County Subdivision Rules & Regulations January, 1498 Page 34 '°' action, accepts the obligation to maintain and repair such roads. The Commissioners Court's decision to approve a Record Plat or dedication of the right of way for a road shall not be deemed to constitute acceptance of the roads for maintenance. 7.12 The County shall accept a road for maintenance when all of the following conditions have been satisfied: (a) The road has been constructed as a Public Permitted Road in accordance with these regulations and the associated right of way has been dedicated to the public pursuant to these Regulations; (b) The developer has submitted a written request to the Kerr County Engineer. If the Owner is no longer available, i.e. has ceased to transact any business or, in the case of an individual, has died, any person owning property with frontage or access onto the road may submit the written request; (c) The Ken County Engineer has approved all required inspections and tests at the completion of each phase of construction of the road, including plasticity index, sub-base and base, tests for compacted density, depth of base and distribution of asphalt (it is the responsibility of the developer to coordinate all inspections and laboratory tests with the Kerr County Engineer and not to proceed with construction until proper inspections and tests have been obtained, as required by the Ken County Engineer). Any laboratory tests and test holes shall be at the expense of the developer. In no event will any base be placed on the road until the sub-grade has been approved in writing by the Ken County Engineer. (d) The Kerr County Engineer has inspected the road no earlier than 30 days prior to the Commissioners Court's acceptance of maintenance obligation and has submitted to the Commissioners Court an Inspection Report stating that: (1) the road, in its current condition and with no repairs, upgrades or improvements, is in compliance with the current regulations and all other guidelines in effect at the time of the inspection; and (2) the Kerr County Engineer recommends acceptance of the road by the Commissioners Court; (e) Two (2) years has expired from the date that all roads, drainage (including drain pipes) and other public improvements in the subdivision were first completed and inspected by the Kerr County Engineer. (f) The Owner has posted with the Kerr County a letter of credit in a form approved by Kerr County to secure the proper construction and maintenance of the roads prior Kerr County Subdivision Rules & Regulations January, 1998 Page 35 ~"' to County acceptance thereof in an amount equal to 10% of the construction costs of the roads for a term of two (2) years following acceptance by the County. 7.13 This section applies if the Owner desires to file a Record Plat prior to completion of construction of all Permitted Roads and inspection by the Kerr County Engineer. The Owner shall continue to be responsible for all other requirements set forth in Section 7.11. (a) With the permission of the Commissioners Court, the Owner shall post a good and sufficient surety bond or letter of credit in an amount equal to 100% of the estimated construction cost of the roads. The Commissioners Court must individually approve each application to post such a performance bond and the performance bond shall remain in effect until all roads and all associated drainage improvements, have been inspected and approved by the Kerr County Engineer, which inspection may occur prior to the inspection called for under (See Section IX) (b) Before release of the performance bond, the Kerr County Engineer shall inspect the roads and the Owner shall remedy all deficiencies prior to release of the security. If the efficiencies are not properly remedied, the County shall draw on the security to make the necessary repairs. The Performance Bond shall provide that the County may draw upon the bond for sufficient funds to establish a maintenance bond if the Owner fails to timely to so. (c) Before release of the Performance Bond, the Owner shall post a maintenance bond meeting the requirements of Section 9.02 to secure any maintenance or repairs required prior to acceptance of the roads for maintenance by the County, which maintenance bond shall be in addition to the 2-year maintenance bond required for acceptance of the streets and roads by the County_ Kerr County Subdivision kules R~ Regulations January, 1998 Page 36 Section VIII INSPECTIONS, APPROVAL AND ACCEPTANCE 8.01 Inspections : The County Engineer, as authorized by the Commissioners' Court, or his designated agent, may inspect all property site work at any time and any stage. Developer will provide a written construction schedule by a Civil Engineer for drainage, utility and road construction. Developer will provide written amended schedules if the actual construction varies more than five (5) days from the date set forth in the original construction schedule. Should the developer fail to comply with this provision or begin any drainage, utilities or road construction prior to providing such schedule the developer may be required to perform any testing deemed necessary by the County Engineer at the sole cost and expense of the developer. 8.02 Approval: Streets and roads will not receive consideration for final approval by the Commissioners' Court until at least two years after all paving is complete.(See Section 7.12.C) 8.03 Acceptance: Acceptance for County maintenance will only be considered when there has been sufficient development to assure streets and roads stability. Sufficient development shall be at the discretion of the Commissioners' Court, but generally shall mean 20% of the subdivision shall contain completed homes with people living in them. Kerr County Subdivision Rules & Regulations January, 1998 Yage 37 Section IX GUARANTEE OF PERFORMANCE 9.01 Security Bond: The developer will file an agreement to provide a security bond prior to final plat approval. The plat shall not be recorded unless the developer has filed with the Commissioners' Court a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the County, in an amount equal to the cost of the road and drainage improvements required by these Regulations as estimated by the design Engineer and approved by the County, conditioned that the developer will complete such improvements within three years after approval of such plat, such bond to be approved as to form and legality by the County Attorney. In lieu of such bond, developer may execute a trust agreement whereby he shall be required to deposit with an approved institution or escrow agent a sum of money in trust agreement is to be approved by the County Attorney. Developer shall remain obligated on said bond or trust agreement until the County Engineer has certified compliance with these provisions to the County. 9.02 Maintenance Bond: The developer shall also file agreement in writing to provide a maintenance bond for two (2) years prior to final subdivision plat. Subdivider shall famish the County a bond, executed by a surely company holding a license to do business in the State of Texas, and acceptable to the County, in an amount equal to ten percent (10%) of the total cost of the streets, curbs, sidewalks, and drainage improvements required to be constructed in said subdivision, as estimated by the design Engineer and approved by the County, conditioned that upon completion thereof, and upon approval of ,, same by the County Engineer, the developer will maintain such streets, drainage improvements, etc., in good condition at his expense for a period of at least one year after date of final approval of the completed construction by the County Engineer and until acceptance thereof by the County. The Commissioners' Court shall not accept such streets and sewers in behalf of the County for a period of at least one year after such proper completion, as certified by the County Engineer, and not then unless and until the County Engineer again certified that they have been maintained in good condition for said period of one year and are in good condition at such time. The County shall accept such streets and drainage improvements only by written resolution duly passed at a regular or legally called special meeting of the Commissioners' Court, and the developer shall remain responsible for the maintenance of such improvements until this is legally accepted by the County. Maintenance of the road is to include such items as drainage by others, spilled concrete on the streets, mud and debris in the streets, unlrnown springs, etc. Maintenance of the drainage improvements includes removing debris, resodding eroded areas and the installation of additional concrete rip-raps where designated by the County to permanently prevent erosion. 9.03 Security Bond Extension: Where good cause exist, the County may extend the period of the time for completion under Paragraph 9.01 of these Regulations for an additional period of time not to exceed six (6) months if the developer has not completed the required site improvements or completed such improvements in compliance with these Regulations. No such extension shall be granted unless additional security of the type provided in Paragraph 9.01 is first provided by the developer to cover the extended period of time. 9.04 Maintenance Bond Extension: The County may extend the period of time in 9.02, that the developer is responsible for maintenance of a road in a subdivision, until such time a minimum of 20% of the lots in the subdivision are developed and with people living in them. Kerr County Subdivision Rules & Regulations January, 1998 Page 38 Section X MISCELLANEOUS PROVISIONS 10.01 If any incorporated town or city should waive, by variance or whatever, its jurisdiction over any subdivision or part of a subdivision which is located within its Extra Temtorial Jurisdiction these regulations shall be applicable. 10.02 Severability: In case any one or more of the provisions contained in these Regulations shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Regulations shall be construed as if such invalid, illegal unenforceable provisions had never been contained herein. Kerr County Subdivision Rules & Regulations January, 1998 Page 39 APPENDIX A Owner's Acknowledgment STATE OF TEXAS )( COUNTY OF KERB )( The owner of the land shown on this plat, and whose name is subscribed hereto, and in person or through a duly authorized agent, dedicated to Ken County, Texas, for the use of the public forever all streets, alleys, parks, water courses, drains, easements, in all of the aforesaid public places and all other public places thereon shown for the purpose and consideration therein expressed. Owner STATE OF TEXAS )( COUNTY OF KERB )( Date BEFORE ME, the undersigned authority, on this day personally appeared known to me to by the person whose name is subscribed to the foregoing instruments, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of , Notary Public Kerr County, Texas Kerr County Subdivision Rules & Regulations January, 1998 Page 40 ^' APPENDIX B CERTIFICATION ON PLATS I) Certifications by Registered Professional Land Surveyor STATE OF TEXAS )( COUNTY OF KERR )( I do hereby certify that this plat is a true and accurate representation of the property described and platted hereon as determined from an actual survey of the property made on the ground under my direction and supervision. Registered Professional Land Surveyor STATE OF TEXAS )( COUNTY OF KERB )( -, I do hereln' certify that the subdivision platted hereon (is within) or (is not within) the ETJ of the City of Kerrville, Kerr County. Texas. I hereby certify that the subdivision platted here (is) or (is not) within the 100 year flood plain, Flood Zone according to Flood Insurance Rate Map Community Panel No. 480419 ,dated for Kerr Countv. Texas I do hereby certify that the topography of the subdi~~ision platted here meets all the criteria of these Subdivision Regulations. Date Registered Professional Engineer No. Registered Professional Land Surveyor No. _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2) Certifications by Administrator of On-Site Sewage Facilities I hereby certify that this subdivision is subject to the Rules and Regulations of the State of Texas and Kerr County for on-site Sewage Facilities. Any conditions placed on sewage facilities may by found as a plat note and / or deed record. A permit to construct shall by required before an on-site sewage facility can be constructed. A license to operate shall be required before the facility is used or operated (i erify this wording on each Plat} Date Designated Representative for Kerr County OSSF. Kerr County Subdivision Rules & Regulations January, 1998 Page 41 "` 3) Certifications by Administrator of Readwaters Underground Water Conservation District I hereby certify that the subdivision platted hereon meets the rules and regulations of Headwaters Underground Water Conservation District regarding private or public water supply provisions. Date Administrator of H.U. W.C.D. PLAT NOTE A Authorization to drill, replace, alter equip, or transfer ownership of a water well, public or private must be obtained from the Headwaters Underground Water Conservation District prior to drilling a water well and producing water therefrom. PLAT NOTE B The following statement shall appear prominently on the Final Plat: "No structure in this subdivision shall be occupied until connected to and individual water supply or state approved community water system. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4) Certifications for Flood plain ^ Subdivision Located Outside 100-Year Flood plain I do hereby certify that the subdivision platted hereon is not within the 100-year flood plain as shown on the Federal Insurance Rate map, community 480419, Panel Number dated this day of (Engineer/Surveyor) I do hereby certify that I have reviewed and acknowledged the foregoing statement as applicable to the Ken County Flood Damage Retention Order. dated this day of (Flood plain Administrator) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Subdivision Located Partially or Entirely Within 100-Year Flood plain I do hereby certify that the subdivision platted hereon is within the 100-year flood plain as shown on the Federal Insurance Rate Map, Community 480419, Panel Number dated this day of (Engineer/Surveyor) I do hereby certify that I have reviewed and acknowledged the foregoing statement as applicable to the Kerr County Flood Damage Retention Order. dated this day of .- (Flood plain Administrator) Ken County Subdivision Rules & Regulations January, 1998 Page 42 -- STANDARD PLAT NOTES Subdivisions Located Partially or Entirely Within 100-Year Flood plain Scenario I The location of Zone "A", 100-year flood hazard area is indicated on the Flood Insurance Rate Map, Community 480419, Panel Number , is as indicated on the plat by the dotted line. Scenario II Minimum finished floor elevation for all affected structures shall be equal to the elevation of the 100-year flood plain as shown hereon: XXX' M.S.L. (Minimum Finished Floor Elevation will be shown inside a box with the designation of `M.S.L." mean sea level.) Scenario III Ken County Development Permit is required prior to any site development within the 100 year Flood plain. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5) Certification by Postmaster I hereby certify that the subdivision platted hereon meets with approval by the Post Office, regarding road names and addresses meet the City Master Grid System for house numbers assigned by the City of Kerrville Planning Department. Date Postmaster 6) Certification by Director of 911 Emergency I hereby certify that the subdivision platted hereon and road names and addresses meets with approval by the 911 Board according to their guidelines for Road Names and Addresses Date 911 Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7) Certification by County I hereby certifies that this subdivision plat conforms to all requirements of the Subdi~zsion Rules ~ Regulations of Kerr County . Date County Engineer Kerr County Subdivision Rules & Regulations January, 1998 Page 43 8) Approval of the Commissioners' Court This plat of has been submitted to and considered by the Commissioners' Court of Ken County, Texas, and is hereby approved by such Court. Dated this day of By: County Judge - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9) County Clerk's Recording Acknowledgment Approved by the Commissioners' Court of Kerr County, Texas, on the day of A.D. by C-rder No. of said Court and was filed for record on the day of A. D. , at -o'clock and was recorded on the o'clock in Volume at Page of the Plat Records of Ken County, Texas. County Clerk of Kerr County, Texas 10) Privately Maintained Paved Roads. [Owner], by filing this Plat of Record, and all future owners of property~within this Subdivision, by purchasing such property, acknowledge and agree that Kerr Countv shall have no obligations whatsoever to repair or accept maintenance of the roads shown in this subdivision until and unless [Owner] and/or the Homeowners Association has improved the roadways to the then current standards required by Kerr County and the roads have been accepted for maintenance by formal. written action of the Kerr Countv Commissioners Court and the roadwav has been dedicated by the owners thereof- and accepted by the county as a public streetroad. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision, and Kerr County Subdivision Rules & Regulations January, 1998 Yage 44 11) Privately Maintained Unpaved Roads. [Owner], by filing this Plat of Record, and all future owners of property within this Subdivision, by purchasing such property, acknowledge and agree that Ken County shall have no obligation what so ever to repair or accept maintenance of the roads shown on this subdivision until and unless [Owner] and/or the Homeowners Association has improved the roadways to the then current standards required by Kerr County and the roads have been accepted for maintenance by formal written action of the Ken County Commissioners Court and the roadway has been dedicated by the owners thereof, and accepted by the count,,~public streetroad. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision 12) City Planing Commissions For Plats in City of Kerrville Extra Territorial Jurisdiction I hereby certify that the Subdivision plat shown hereon has been found to comply with the subdivision regulations for Kemille, Texas, with the exception of such variations, if any are noted in the minutes of the City Planning Commission and that it has been approved for recording in the office of the County Clerk of Kerr -- County, Texas. Date Chair, City Planning Commission - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - For Plats in City of Center Point Extra Temtorial Jurisdiction I hereby certify that the Subdivision plat shown hereon has been found to comply with the subdivision regulations for Center Point, Texas, with the exception of such variations, if any are noted in the minutes of the City Planning Commission and that it has been approved for recording in the office of the County Clerk of Ken County, Texas. Date Chair, City Planning Commission - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - For Plats in City of Ingram Extra Territorial Jurisdiction I hereby certify that the Subdivision plat shown hereon has been found to comply with the subdivision regulations for Ingram, Texas, with the exception of such variations, if any are noted in the minutes of the City Planning Commission and that it has been approved for recording in the office of the County Clerk of Kerr County. Texas. Date Chair, City Planning Commission Kerr County Subdivision Rules & Regulations January, 1998 Page 45 APPENDIX C Performance Bond Form The performers bond required in this regulation, above, shall be in the following form: PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF KERB )( KNOW ALL MEN BY THESE PRESENTS: That we, ,the undersigned developer, as Principal, and as Surety, do hereby acknowledge ourselves to be held and firmly bound unto the Ken County, a County in the State of Texas, in the full and just sum of $ ,for the payment of which will and truly to be made, we hereby bind ourselves and our respective heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has petitioned Kerr County for permission to develop a subdivision within the jurisdiction of Ken County, more particularly described as follows to-wit: which is shown on a subdivision plat, entitled subdivision, heretofore conditionally approved by the Commissioners' Court of Ken County on date ,and WHEREAS, under the provisions of the Ken County subdivision control regulation adopted as of Kerr County required as a condition precedent to the granting of such petition, that the Principal famish a guarantee that he will construct, or cause to be constructed, according to the requirements of such subdivision control regulation, the following site improvements within three (3) years after final approval of the plat of said subdivision: NOW, THEREFORE, the condition of this obligation is such that if the Principal shall, on or before day of date ,construct, or cause to be constructed, the above mentioned improvements in accordance with the requirements of the Ken County subdivision control regulation, and the amendments thereto, if any, then this obligation shall be void; otherwise, the obligation made under this bond will remain in full force and effect. IN TESTIMONY WHEREOF, WITNESS OUR HANDS and seal, this, the day of date Developer and Principal Surety By: Attorney in Fact APPROVED AND ACCEPTED, this the day of , KERB COUNTY By: Kerr County Subdivision Rules & Regulations January, 1998 Page 46 Title: APPENDIX D Trust Agreement in Lieu of Performance Bond The trust agreement in lieu of performance bond permitted by this regulation above, shall be in the following form: TRUST AGREEMENT IN LIEU OF PERFORMANCE BOND This agreement is between ,developer, ,trustee, and Ken County> Texas. Developer has deposited (or herewith deposits) subject to the order of developer and trustee jointly as provided in this agreement in the (name and location of bank, trust company or qualified escrow agent) ,Texas, the sum of $ for the purpose of construction site improvements in subdivision in Kcrr County, Texas for the benefit of the public represented by Kerr County, more particularly described as follows: (TYPE OF SITE IMPROVEMENT) (water, gas, and electric lines not included) Estimated Cost Streets Sidewalks ^ Alleys Storm Drainage Utilities Other (Specify) TOTAL Trustee agrees to authorize expenditures from such trust account, execute checks, drafts and other orders of withdrawal only for the purpose of paying for the cost of constructing such site improvements and such orders shall show thereon the purpose of the withdrawals. The expenditures for each type of site improvements shall be made only in amounts not to exceed the estimated cost thereof shown above. Trustee shall provide the designated County Official with a statement of such expenditures in said subdivision (by type of site improvements) within five (5) days of their authorization. Developer shall, within 5 days after any single withdrawal of $1,000.00 or more, or a combination of withdrawals of $1,000.00 or more has been made, furnish an affidavit showing that the sums of money so withdrawn were expended by developer on prescribed completion and estimating the date of site improvements completion. Said affidavit shall be submitted substantially in the following form: Kerr County Subdivision Rules & Regulations January, 1998 Page 47 AFFIDAVIT STATE OF TEXAS X COUNTY OF KERB X Before me, the undersigned authority in and for the State and county aforesaid, on this day personally appeared who, being by me first duly sworn, upon his oath deposes and says: "I, developer of the subdivision under date(s) of ,withdrew the sum(s) of $ from the trust account heretofore deposited with ,trustee, and created for such use and purpose, and expended said funds so withdrawn on prescribed site improvements to said subdivision as follows: Site Improvements Amount Percentage of Completion with expenditure of these funds, it is estimated that the prescribed site improvements will be completed by date SWORN TO AND SUBSCRIBED BEFORE IvIE this , date Notary Public in and for Kerr County, Texas Until this affidavit is accomplished, no further withdrawals shall be made from said trust account. The trustee shall be authorized to release further funds to the developer only after receipt of written notification thereof from the designated County Official so to do. Developer agrees to construct all site improvements within three years from the date of final approval of the plat of said subdivision. Upon the failure of the developer to provide such site improvements as herein provided, any remaining balance in such trust account shall be paid by trustee to Kerr County for the sole purpose of completing, repairing, maintaining or otherwise working on the site improvements in such subdivisions. A resolution of the Comrnissioners' Court of Kerr County declaring that such site improvements have not been completed as required by applicable subdivision regulations shall be final and conclusive on the parties to this agreement. Payment to the County shall be made on the order of the trustee without the necessity of joinder by the developer. A certificate that the sum required herein is on deposit in the above named bank, trust company or qualified escrow agent, subject to withdrawal only as provided herein, signed by an authorized official thereof, is attached hereto. A copy of this contract has been supplied to the bank, trust company, or qualified escrow agent named by the undersigned trustee. Developer By: "l rustee APPROVED AND ACCEPTED, this the day of KERR COUNTY By:_ Title: Developer Page 2 of APPENDIX D day of Kerr County Subdivision Rules & Regulations January, 1998 Page 48 APPENDIX E Maintenance Bond The maintenance bond required by this regulation above, shall be in the following form: MAINTENANCE BOND STATE OF TEXAS )( KNOW ALL MEN BY THESE PRESENTS COUNTY OF KERR )( That we, ,the undersigned developer, as Principal, and , as Surety, do hereby acknowledge ourselves to be held and firmly bound unto Kerr County of the State of Texas, in the full and just sum of $ , (being 10% if the estimated cost of the hereinafter enumerated site improvement) for the payment of which well and truly to be made, we hereby bind ourseh~es and our respective heirs, administrators, executors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has petitioned the Commissioners' Court of Kerr County for permission to develop a subdivision within the jurisdiction of Kerr County more particularly described as follows, to-«~it: which is shown on a subdivision plat, entitle Subdivision, heretofore conditionally approved by the Commissioners' Court of Ken County on date ,and WHEREAS, under the provisions of the Subdivision Regulation of Ken County requires, as a condition precedent to the granting of such petition, that the Principal furnish a guarantee that he will maintain and cause to be maintained, according to the requirements of such subdivision control regulation, the following site ._ improvements for a period of one (1) year after the approval of the construction thereof by the county. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall maintain, and cause to be maintained, the above mentioned improvements in accordance with the requirements of Kerr County, if any, for the period of one (1) year after the approval of the construction thereof by Ken County and until the final approval of said Ken County thereafter by resolution of the Commissioners' Court, then this obligation shall be void; otherwise, the obligations made under this bond will remain in full force and effect. IN TESTIMONY WHEREOF, WITNESS OUR HANDS and seal, this, the day of date Developer and Principal Surety By: Attorney in Fact APPROVED AND ACCEPTED, this the day of KERB COUNTY By:_ Title: Kerr County Subdivision Rules & Regulations January, 1998 Page 49 TYPICAL STREET SECTION WITH DITCHES 60 ft. RIGHT-OF-WAY ---- -_ _ 2' 3' 6' 3' -- ,i I ~ ~- ,___~~. I 32 ft. Flexible Base 24 ft. Asphaltic Surface ~-_-.._ Two Course Surface Treatment or 1" Hot Mlx I I 3' 6' 3' 2' i ~~~ i I ~~, i ~'' I I, ~ ~I 2:,~ t ~~ ~_ ' 3~1 t----~ -~_ -_./ 6" Flexible Base 95% Std. Proctor Density ~~ ~, 6" Compacted Subgrade In suburban areas the finished center line grade of the street would be 4" lower than the average elevation of the property line on each side as shown heron. Before placing any material the contractor shall furnish the county with reports of analysis of the proposed material made by an approved laboratory depth maybe less where rock Subgrade is encountered. Increased right-of-way width may be required for cut or fill sections. b 'G m APPENDIX H Underground Utilities Crossing County Road All utility lines that pass under a road shall be installed before the road is paved. When it is necessary that utility lines pass under an existing road pavement, they shall be bored to a point of at least four (4} feet beyond the edge of the pavement. Should conditions exist making it impossible to bore, the following steps must be followed: a. A permit must be obtained from the Road & Bridge Department showing location, time and date the road is to be cut. b. Signage must be provided in accordance with Texas Manual of Uniform Traffic Control Devices (MUTCD); and a flagman shall direct traffic during the construction. c. The road will be dug and repaired exactly in accordance with the detail in Exhibit "A". d. The work will be completed in a timely manner, but no longer than five (5) working days. e. After the construction is completed, the Road & Bridge department shall be contacted for the final inspection. Failure to follow procedure in Item 2 will result in a suit to collect the County's damages including attorney's fees and court cost, and may result in criminal prosecution under Section 28 of the Texas Penal Code. PAS' E ~~I E N"t R (: P,~~ [ K 3" Cold ~titi~ -\ephalt Patch Paved Roadway 12" 2,500 PSI Concrete Satisfactory Nauvc ~latenals Compacte [0 9S~,o S 1Y> Densit (•~s rni a-6981 Select Grandula Material Placed In Maximum 6" and Compacted 9S°,o STO Dens (ASTM D-6981 ~t Full Depth wm Horn tb" Co~r~ INti I -1LI.n I I<)N UI I'II'I I (~ IrOI.I.O~1 ( U[1Nl l' (tl LI Izl: `;I ~lil)I~'IC(()N til'I ( I I~ \ I IO'~~ti Page 1 of Appendix I APPENDIX I ~~ ROUTING SLIP FOR PRELIMINARY PLATTING [ ] Preliminary Plat [ ] Preliminary Replat FROM: PLAT NAME: AGENDA DATE REQUESTED: 1. Submit six (6) copies of Plat and Drainage Study to the Kerr County Engineer, for Review Thirty (30) days prior to Commissioner's Court Date. * * One will be forwarded immediately to the Commissioner of the Precinct in which the Preliminary Plat or Preliminary Replat Lies. Received by: Date 2. Submit one (1 }Copy of Preliminary Plat to County Clerk and arrange for payment of fees per Ken County Subdivision Rules & Regulations. [ ] Preliminary Plat [ ] Preliminary Replat Amount Paid $ Signature: (County Clerks Office) Date 3 . Submit one (1) copy of Preliminary Plat to Upper Guadalupe River Authority [ ] Permit application and support data for On-site Sewage Facilities [ ] Flood Plain information Fee Amount Paid ~ Received by: ~- Date (over) Ken County Rules ~ Regulations Appendix I ROL~"rING 4. 911 STREET NAMES (if applicable): The attached Plat is for Preliminary Review. The Subdivision name and street names shown on the Plat are not duplicates, and are approved for the Final Plat, according to 911 guidelines. (Add this as signature block on plats.) Discuss with the Surveyor/Engineer any potential problems and assign street numbers. Signature: (911 Office) Date 5. If Platting includes any utility easements or changes to an existing easement notification of the Utilities involved are required for Preliminary Plat. Utility shall give Surveyor/Engineer easement notes required. 1. Electric Utility: 2. Telephone Company: (This shall be added to Final Plat if Mylar applicable) Fax copies acceptable. 6. If Platting has access to Texas Department of Transportation Roadway a copy of Preliminary Plat must be reviewed by the TXDOT Engineer. Signature on this form indicates receipt of Preliminary Plat, sign mylar for final approval. Signature: (TXDOT Engineer) Date * * You must then COMPLETE this form and return it to the County Engineer Fifteen (1 S) days before Commissioner's Court Agenda Date. Kerr County Rules & Regulations Appendix I Ro~~r[rro Page 2 of Appendix I APPENDIX I ROUTING SLIP FOR FINAL PLAT Kerr County Application for Final Plat of a Subdivision AGENDA DATE REQUESTED: 1. Final Plats are to be submitted to the Kerr County Engineer, for Review Thirty (30) days prior to next Commissioner's Court Date. Signature: (Kerr County Engineers Office) Date 2. Copy of Final Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. Amount Paid $ Signature: (County Clerks Office) Date 3. Upper Guadalupe River Authority [ ] Spetic Permit Fee Amount Paid $ Signature: (UGRA Office) Date ** You must then COMPLETE this form and return it to the County Engineer Fifteen (15) days before Commissioner's Court Agenda Date. Kerr County Rules & Regulations Appendix I uo[~iNG Page 3 of Appendix I APPENDIX I ROUTING SLIP FOR MINOR PLAT OR MINOR REPEAT FROM: PLAT NAME 1. Submit two (2) copies of the Minor Plat or Minor Replat to the Kerr County Engineer for review, one will be forwarded to the Commissioner of the Precinct in which the Minor Plat or Minor Replat lies. Received: Date 2. Submit one (1) copy of the Minor Plat or Minor Replat to the County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. Amount Paid $50.00 Signature: (County Clerk Office) Date 3 . Submit one (I) copy of the Minor Plat or Minor Replat to Upper Guadalupe River Authority [ ] Permit application and support data for On-site Sewage Facilities [ ] Flood Plain information Fee Amount Paid Received: ($75.00 plus $5 per lot) Date (over) Ken County Rules & Regulations Appendix I uotrrnvG 4. 911 STREET NAMES (if applicable) The Subdivision name and the street names shown on the plat are existing, and are approved for the Minor Plat or Minor Replat according to 911 guidelines. (Add this as signature block on plats.) Discuss with Surveyor/Engineer any modification of street numbers. Signature: (911 Office) Date 5. If Platting includes any utility easement or changes to an existing easement, notification of the Utilities involved are required for Minor Plat or Minor Replat. Utility shall give Surveyor/Engineer easement notes required, and signature blocks on Minor Plat or Minor Replat. 1. Telephone Company 2. Electric Utility 6. If Platting has access to Department Of Transportation Roadway, a copy of Minor Plat or Minor Replat must be reviewed by the TXDOT Engineer. Signature on this form indicates receipt of Minor Plat or Minor Replat sign mylar for final approval. Signature: (TXDOT Engineer) Date Kerr County Rules & Regulations Appendix I ttotrrtrrG