ORDGP,. NC.c74E6 AF'F'RO'JRL Qr R~'JISION TO TNE. I'.ERR COUNTY SUF3DIVI~I01'd RULES RPvD REGULRTI01`dB, KERR COUNTY l-:RTER R4RP..RRILIT`; REG!UIRENENTS RND ROL'TINO SL_IF'S :1rdl? SET F'UPLIC I-IEF-1RItJG On tt-.is; the cz,th dior~cr Gr iffin, the G~Ur't: unanimously approved by a vote of 4-~-~, the revisions Lc~ tF:.e: i:err County :iubdivisions Ruies and Rey~alal;ions, the N.err Cor_mty Water fivai.labilit~ Requirements, a.nd routing slips, a=_ amended today, a.nd set a public hearing 'For' the same on hionday, May the 7.Cth, Year '~~Cn'~, al; 11 0' cluck a. m. , here in the i:err County Cnmm:i.ssi.oners Courtroom. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. [ADE BY: Jonathan Letz OFFICE: Commissioners' Court fEETING DATE: March 25. 2002 TIME PREFERRED: UBJECT: (PLEASE BE SPECIFIC) Consider and discuss revision to the Kerr County Subdivision Rules and Regulations, Ken County tJater Availability Requirements and routing slips and set a public hearing for same. iXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) dAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #3 3STIMATED LENGTH OF PRESENTATION: F SONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. PHIS REQUEST RECEIVED BY: PHIS REQUEST RECEIVED ON; All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Co»m~cioners' Court. -- Section H DEFINITIONS For the purposes of Kerr County Subdivision Rules & Regulations, the following terms, phrases, words and their derivations shall have the meaning ascn'bed to them in this section: Definitions not expressly prescribed herein aze to be construed in accordance with customary usage in governmental planning and engineering practices. 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 reaz or sides of properties otherwise abutting on a road. AASHTO: American Association of State Highway and Transportation Officials. ASTM: American Society for Testing of Materials. Authorized Agent: Am office referred to in the Regulation by title means the person employed or appointed by the Courny in that position, or duty authorized representative. NOTE: IS THIS DF..FINTITON CORRECT ? ,.~ Community Sewage Collection System: An on-site sewage collection, treatment and disposal system designed to serve two or more sewage generating units on sepazate lots in a subdivision or a system that is connected to another system for the collection, treatment and disposal of sewage. Concrete Monument: Permanent concrete survey mazker. County; Ken County, Texas County Clerk: Kerr County Clerk Court: Ken County Commissioners Court Cul-de-sac: A road having only one entrance and termination at the opposite end by a vehicular turnazound. Dead-end-Street: A road with only one entrance from another public road. Developer. Any person, owner, corporation, other entity 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. KC Sub Rules & Rego Revision page 7 Section VI PLATTING PROCEDURE 6.01 Concept Plan: Prior to submission of a preliminary plat, the developer shall consult with and present two (2) concept plans in sketch form to the County Engineer; one concept plan in sketch form to the authorized agent for Kerr County OSSP program; and an additional concept plan in sketch form to each of the appropriate utility companies. The County Engineer will forwazd one (1) copy of the Concept Plan along with a completed checklist to the 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 aze specifically set forth at the Concept Plan, 6.02 Preliminary Plat and Data: 6.02.A Fees: Any prelinrinary plat shall be accompanied by a filing fee as listed in Fee Schedule. The Court shall take no action 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.B Copies required: The developer shall submit ten (10) prints of the plat to the County Engineer, and one (1) to every agency who signs the Plat. (See Routing Slip Appendix I.) 6.02.C Form and Content: The plat shall be drawn on sheets of appropriate size and scale necessary to accommodate the entire subdivision. Minimum size shall be twenty-one inches (21") vertical and twenty-six inches (26") horizontal. Maximum size shall not exceed thirty-six inches (36") vertical and forty-eight inches (48") horizontal. The plat shall provide the following: 6.02.C.1 Names and addresses of the developer record owner, lien holders and engineer and/or surveyor. 6.02.C.2 Proposed name of the subdivision shall not have the same spelling as, or be pronounced similaz to the name of any other subdivision located wholly or partially in the County. Subdivision names must be checked for duplication by the County Clerk. 6.02.C.3 Street names, road names, and addresses shall be approved by Kea 911 according to their guidelines. KC Sub Rules & Rego Revision Page 19 6.03.C.3.b Certification by the surveyor responsible for surveying the subdivision azea. 6.03.C.3.c Certification by a register professional engineer for accuracy of topography and drainage. 6.03.C.3.d Certification by the County Engineer. 6.03.C.3.e Certification by the Administrator of On-Site Sewage Facilities. This certification is only required if any lot in the proposed subdivision is less than two acres. Note: All plats shall contain the following plat note: "Prior to consttuction on any lot the owner of said lot shall contact the Authorized Agent for Kerr Courny OSSF or its Designated Represemztive, to determine if the proposed improvemem(s) will meet the exemption criteria. All lots in this subdivision are required to comply with all currem and future OSSF regulations approved by the Authorized Agent." 6.03.C.3.f Certification by the Administrator of Headwaters Underground Water Conservation District. This certification is only required if the subdivision: "' a) Will utilize a public or community water system with less than 16 connections, or b) A test well is required under Section 1.05 of the Kerr County Water Availability Requirements. 6.03.C.3.g Certification by the Administrator of Flood Plain. 6.03.C.3.h Certification by Kerr 911. 6.03.C3.i Certification by the Utility Companies verifying easements and utility layout. 6.03.C.3 j 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.D Processing Final Plat: plat has been approved. 6.03.D.1 No final plat will be considered unless a preliminary 6.03.D.2 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 KC Sub Rules & Regg Revision Page 23 6.03.E Accompanying Data: 6.03.E.1 When submitted, the Snal plat shall be accompanied by the following site improvement data, prepazed by a Registered Professional Engineer. 6.03.E.1.a Roads: Three copies of, drawings, construction details, and test reports on all materials used and verification of installed materials, on all roads. 6.03.E.1.b A general location map of the subdivision showing the entire watershed (U.S.G.S. Quadrangle is satisfactory). 6.03.E.1.c Drainage plan shall be submitted if required by Section 5.06 ofthese regulations. 6.03.F When Sled, the Snal plat shall also be accompanied by: 6.03.F.1 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 Seal plat. 6.03.F.2 Signatures of Certification by the proper authorized official of each public utility company or boazd involved that easements shown are adequate for their purposes. 6.03.F.3 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.F.4 A certification of authorization to file from any city in whose Extra Territorial Jurisdiction the subdivision may be located. 6.035. Alternate Plat Approval Process for Subdivisions with Less Than Four (4) Lots. 6.035.A. The Commissioner of the precinct in which the proposed subdivision is located may approve an alternate process for plat approval for any subdivision with less than four (4) lots as set forth in this section. If the commissioner does not approve the alternate plat process, the plat process for the subdivision shall be as set forth in Sections 6.01, 6.02, 6.03 and other applicable provisions of these regulations. 6.035.B. Alternate Plat Approval Process 6.035.B.1. Sections 6.01 and 6.02 shall not be applicable in the Alternate Plat Approval Process. 6.035.B.2 Section 6.03 shall be required in the Alternate Plat Approval Process with the exception that Section 6.03.D.1 and 6.03.D.2. Shall not apply. KC Sub Rules & Regs Revision Page 25 (1) the revision will not interfere with the established rights of any owner of a part of the subdivided land; or (2) each owner whose rights may be interfered with has agreed to the revision. 6.04.E. If the commissioner's court permits a person to revise a subdivision plat, the person may make the revision by filing for record with the county clerk a revised plat or part of plat that indicates the changes made to the original plat. 6.04.F The commissioners court is not required to give notice by mail if the plat revision only combines existing tracts. 6.04.G. The revised plat shall be subject to all of the provisions of Kerr County Subdivision Rules and Regulations. If the revision to the plat revises less than four tracts the alternate platting process set forth in Section 6.035. Alternate Plat Approval Process for Subdivisions with Less Than Four (4) Lots, may apply. However, the Altemate Plat Approval Process does change the notice requirements set forth in Section 6.04. 6.05 Cancellation of Subdivision: A person owning real property in the county that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court for permission to cancel all or part of the subdivision, including a dedicated ~- easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. If, on the application, it is shown that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision, or it is shown who owns any part of the subdivision, or it is shown that the purchaser agrees to the cancellation, the commissioners court by order shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. The court shall enter the order in its minutes. After the cancellation instrument is filed and recorded in the deed records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. 6.OS.A The commissioner's court shall publish notice of an application for cancellation. The notice must be published in a newspaper, published in the English language, in the county for at least three weeks before the date on which action is taken on the application. The court shall take action on an application at a regular term The published notice must direct any person who is interested in the property and who wishes to protest the proposed cancellation to appeaz at the time specified in the notice. 6.OS.B If delinquent taxes aze owned on the subdivided tract for any preceding yeaz, and if the application to cancel the subdivision is granted as provided by this section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had not been subdivided. For the purpose of assessing the tract for a preceding yeaz, the county tax assessor-collector shall back assess the tract on an acreage basis. ~- KC Sub Rules & Regs Revision Page 27 APPENDIX B CERTIFICATION ON PLATS I) Certifications by Registered Professional Land Surveyor STATE OF TEXAS )( COUNTY OF KERB )( I do hereby certify: 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; The subdivision platted hereon (is within) or (is not within) the ETJ of the City of Kerrville, Kerr County, Texas; Date Registered Professional Land Surveyor No. 2) Certifications by Administrator of On-Site Sewage Facilities Note: This certification is only required if any lot in the sabdivision is less than two acres. I hereby certify that this proposed subdivision is subject to and is capable of complying with the rules and requirements of the State of Texas and Kerr County for on-site Sewage Facilities. Date Designated Representative for Ken County OSSF. Kerr County Subdivision Rules & Regulations Appendix -Page 3 3) Certifications by Administrator of Headwaters Underground Water Conservation District Note: This certification is only required if the subdivision: a) Will utilize a public or community water system with less than 16 connections, or b) A test will will be required under Section 1.05 of the Kerr County Water Availability Requirements. I hereby certify that the subdivision platted hereon meets the Hiles, regulations and standazds set forth in the Kerr County Water Availablity Requirementas. Date Administrator of H.U.W.C.D. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4) Certifcations for Flood Plain I do hereby certify that the subdivision platted hereon (does or does not) include areas within a designated 100-year flood hazard zone according to Flood Ltsttrance Rate Map Community Panel No. 480419 ,dated ,for Kerr County, Texas. And, I have reviewed and acknowledged the foregoing statement as applicable to the Kerr County Flood Damage Pretetrtion Order. dated this day of (Flood Plain Administrator) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STANDARD PLAT NOTES Subdivisions Located Partially or Entirely Within 100-Year Flood plain Scenario I The location of Zone "A", 100-yeaz 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 fmished floor elevation for all affected structures shall be equal to the elevation of the 100-year flood plain as shown hereon: X}OC'M.S.L. (Minimum Finished Floor Elevation will be shown inside a box with the designation of `M.S.L.' mean seal level) Scenario III A Kerr County Development Petmit is required prior to any development on any lot containing azea within the 100-yeaz flood hazard zone. Kerr County Subdivision Rules & Regulations Appendix -Page 4 5) Certification by Kerr 911 .-. I hereby certify that the subdivision name platted hereon and road names hereon are in compliance with Kerr 911 guidelines according to the Road Naming and Addressing Guidelines of Ketr 911. Date 911 Director 6) Certification by County Engineer I hereby certifies that this subdivision plat conforms to all requirements of the Subdivision Rules & Regulations of Kerr County. Date (Type Name) County Engineer - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ Approval of the Commissioners Court This plat of has been submitted to and considered by the Commissioners ~~ Court of Kerr County, Texas, and is hereby approved by such Court. Dated this day of sy: (Type Name) County Judge - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8) County Clerk's Recording Acknowledgment Approved by the Commissioners Court of Kerr County, Texas, on the day of A.D. by Order No. of said Court. Filed for record on the _ day of A.D., at o'clock _. M. Recorded on the _ day of A.D., at o'clock _.M. in Volume at Page of the Plat Rewrds of Kerr County, Texas. (Type Name) ..~ County Clerk of Kerr County, Texas Kerr County Subdivision Rules & Regulatious Appendix -Page 5 NO. Kerr County Water Availability Requirements 1.00 An Order establishing Kerr Couuty Water Availability Requirements for property located in Kerr County outside the city limits of an incorporated or chartered municipality. BE IT ORDERED and ADOPTED by the Conmvssioners Court of Ken County, Texas: 1.01. General: Kerr County has been designated as a county within a Priority Groundwater Management Area by the State of Texas. Therefore, pursuant to Chapter 35, Section 35.019, Texas Water Code, the Kerr County Commissioners Court has the authority to require any person seeking plat approval to show: (1) Compliance with Water Availability Requirements adopted by the Commissioners Court; and (2) That an adequate supply of water of sufficient quantity and quality is available to supply the number of lots proposed for the platted azea. 1.02. Water Availability Requirements: It is hereby adopted by the Kerr County Commissioners Court that before any subdivision plat is approved; the developer must establish to the reasonable satisfaction of the Commissioners Court that an adequate quantity and quality of water exists, meeting the standazds established by the TNRCC and the provisions contained herein, under such subdivision or will be provided from surface water sources. Any person fulfilling the requirements set forth below shall be deemed to have satisfied these Water Availability Requirements. Failure to satisfy the Water Availability Requirements shall result in the denial of approval of the plat. The requirements set forth herein aze based on the best currently available knowledge of groundwater under Ken County. The average family or household is assumed to be 2.8 persons and the average daily consumption is 200 gpd per person based on State of Texas population and demand analysis. Based on this information the intent of these water availability requirements is for, at a minimum, the surface azea of each lot to provide enough annual recharge to equal the average annual per capita usage of water. KC Sub Rules & Regs Revision Page 1 1.03. Acreage Requirements to meet Water Availability: The total number of lots permitted in any subdivision shall not exceed the total acreage in the subdivision divided by 5 acres unless surface water is the principle source of water for the public or community water system of the subdivision. 1.04. Public or Community Water Systems: (1) If the person requesting plat approval proposes to utilize a new public or community water system, such system shall be developed in accordance with Subchapter C., Chapter 341, Texas Health and Safety Code and as defined by current rules and regulations of the Texas Natural Resource Conservation Commission 30 TAC Chapter 290. If the public or community water system will have (16 or more) more than 15 connections, the developer shall present to the Commissioners Court in satisfaction of the Water Availability Requirements a letter or other document from TNRCC's Rate Analysis and Plan Review Team, Water Utilities Division approving the business plan and the plans and specifications of the proposed water system; if the proposed water system will have (15 or less) fewer than 15 connections, the developer shall present a letter from the HGCD in satisfaction of these Water Availability requirements stating that the HGCD has reviewed the plans and specifications for the proposed system along with any technical data required by the HGCD and finds the proposed system adequate for its intended use. (2) If the developer proposes to utilize an existing public or community water system, the developer shall present to the Commissioners Court in '~ satisfaction of these Water Availability Requirements a copy of the executed agreement between the developer and the owner of such existing system for such water. If the total number of connections served by the community water system as defined above is more than fifteen (15), including the additional lots, the developer shall present a letter from TNRCC's Rate Analysis and Plan Review Team, Water Utilities Division stating that the existing water system has sufficient capacity to service the additional connections shall be required. (3) All plats which satisfy the Water Availability Requirements by utilizing a new or existing public or community water system shall, by deed restriction or other legal means, prohibit the drilling or use of individual wells within such subdivision except by individual lot holders for agricultural or irrigation purposes only. Such prohibition shall be prominently noted on the recorded plat. Any existing wells not owned and utilized by the public or community water system shall be plugged in accordance with the applicable rules and regulations of the HGCD. 1.05. Individual Water Wells: If the developer proposes individual lot owners or purchasers to drill individual water wells as the source of water for such lot, such developer shall, in satisfaction of these Water Availability Requirements: .~ (I) Well Testing: KC Sub Rules r& Regs Revision Page 2 ~,,, a. For a subdivision whose total acreage is 75 acres or less, submit to the Commissioners Court and/or the HGCD the results from a pump test performed on test well that is reasonably centrally located in the subdivision. The well on which the pump test is performed must also be electrically and lithologically logged to determine the geological formation (s) upon which the pump test was performed; a pump test must be performed upon each individual formation which is likely to be used for the subdivision's future water supply. A State of Texas registered professional engineer qualified to perform hydrogeological testing and lithologic and electrical logging or a certified geologist or equivalent, (i.e., AAPG, CPG, American Institute of Professional Geologist) as qualified to perform such tests will perform the pump test and well logging. When undesirable water or other undesirable elements are encountered, the undesirable water or other undesirable elements shall be sealed off and confined to the zone(s) of origin; undesirable water or other undesirable elements shall not be allowed to commingle with fresh water canes. The pump test shall be a 24-hour pump test, or of sufficient time to establish a stabilized water level within the test well. The pump test must give sufficient data to provide transmissivity for the formation upon which the pump test was conducted. If possible, a storage coefficient for the formation shall be calculated. ,-, b. For a subdivision whose total acreage is more than 75 acres, submit to the Commissioners Court and/or the HGCD the test results as described in Subsections (1) and (2) above from two test wells that aze geographically dispazate within such subdivision, but in no event closer than 1000 feet from each other. Pump test and logging data obtained from a previous test well may be substituted in place of a test well in (a.) or (bJ above. The substituted well shall be within 1000 feet of a proposed test well site. The substituted well's data must represent the formation[s] upon which the subdivision will rely for future water, c. Submit a water quality analysis conducted by a Texas Department of Health certified laboratory for each well tested. The water quality analysis shall at a minimum test far chloride, conductivity, fluoride, iron, nitrate, pH, sulfate, total hazdness, total dissolved solids and coliform bacteria, and E. coli. d. Submit to the Commissioners Court and/or the HGCD a map of the proposed subdivision showing the location of the test well(s) and any other existing wells located on such property. KC Sub Rules & Regs Revision Page 3 (2) Sufficiency of Water: In addition to the test results required above, submit to the Commissioners Court either (a) a certificate from a registered professional engineer licensed in the State of Texas or a certified geologist, (i.e. AAPG. CPG, American Institute of Professional Geologists) that, based upon the pump test results and any other information available (which information shall be detailed), it is the opinion of such individual that sufficient groundwater exists beneath such subdivision of a quality adequate for the use of the persons purchasing tracts in such subdivision, or (b} a letter from the HGCD that, based upon the pump test results and other information available to the HGCD, sufficient groundwater exists beneath such subdivision of a quality adequate for the use of the persons purchasing tracts in such subdivision. Sufficient quantity of water shall be defined as meeting or exceeding a well(s) production capacity of at a minimum of 8- l Ogpm based on the testing requirements contained herein. (3) If the developer is unable to obtain the certificate that water of sufficient quantity and quality exists or the ^ Commissioners Court receives a letter from the HGCD that sufficient water is not available, the Conmvssioners Court shall deny that specific plat request. (4) The developer shall provide to each purchaser or potential purchaser of a tract located in the subdivision with a summary of the water quality and quantity test results prior to concluding the sale of any tract. (5) HGCD shall have the right to charge any developer a fee for evaluating the results of the pump tests and providing the results ofthat evaluation to the Commissioners Court. 1.06. Exemptions: Section 1.05 (Individual Water Wells) of these Water Availability Requirements shall not apply to any plat i£ (a) The minimum lot size for any lot within such subdivision is 15 acres or more and not more than one well may be drilled on any lot; or (b) The maximum number of lots in the subdivision does not exceed five (5) lots and not more than one well may be drilled on any lot; or KC Sub Rules .$ Regs Revision Page 4 !fl lfthv n{a{ i5 TE'1!icNri ?nrl t1iP nllmhvr n4`Intc within the J!!Vl1!F'!_irll, illlG! !AA1!;; 11iU v1lGJt!Li t_R_- •._-_ lti'1Jlt)11, ~~G`s.; .ea: !wr.~«wr{ the f?rjnin?I mrmfShr of Ipic h~ mirr~ than tgrPnty ne-rrF•n( ~.n7. Nn w~~rAhtlP(• inn{nti•rI n{- am' n~'It h•i Sl'/{ nnnn mr~Pf lnrt LL1C •Yv q!Ci .Y 4'.iL4L~_1!y RCl{llll Clllcill Slldlll 11V1 ~_!r!ipi!~~u~. ~+ vv •n ~sutY i~} s!' i lrlli -;:2!`, ie;;1+. .J_s iV i~!r it l11ill1{} V! t: ~y.±s!iy V11,1 V~!+Sr1 FY ili rt 3F'11d L+Sl". KC Sub Rules & Regs Revision Page 5