COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz OFFICE: Commissioners' Court MEETING DATE: May 28, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of the revisions to the Kerr County Subdivision Rules and Regulations. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: Commissioner Pct. #3 IF PERSONNEL 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to detemvne if adequate information has been prepared 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 earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. CHANGES FOR ICERR COUNTY SUBDIVISION RULES & REGULATION Commissioners Court Order # May 28, 2002 Attached you will find replacement pages that reflect the changes made in the Kerr Couuty Subdivision Rules & Regulations Adopted By Commissioners Court Order # 26777 December 11, 2000 They aze as follows: Section 1 -Subdivision Rules & Regulations Pages: 3,7,11,14,15,17,18,19,23,24,25,26,27,28,30, and 33 Section 2 -APPENDIX - All twenty four (24) pages. Section 3 -Water Availability Requirements -All five (5) pages. Section 4 -Manufactured Home Community - pages 9, and 11& 12 (Routing SIip} Section IX GUARANTEE OF PERFORMANCE 9.01 Security Bond ................................... 9.02 Maintenance Bond .............................. . 9.03 Security Extension ........ ........ ............. . Section X MISCELLANEOUS PROVISIONS 10.01 Waiver of City Jurisdiction ......................... . 10.02 Severability ...................................... Section XI ENFORCEMENT ........................................... . APPENDIX APPENDIX A Owners Acknowledgment APPENDIX B CERTIFICATIONS 1) Certifications by Registered Professional Land Surveyor .......... . 2) Certifications by Administrator of On-Site Sewage Facilities ....... . 3) Certifications by Administrator of Headwaters Groundwater Conserv.D. 4) Certification by Administrator of Food plain ................... . 5) Certification by Director of Ken 911 Emergency ................ . 6) Certification by County ................................... . 7) Commissioners Court Approval ............................. . 8) County Clerks Recording Acknowledgment .................... . 9) Privately Maintained Paved Roads ........................... . 10) Private Maintained Unpaved Roads .......................... . 11) City Planning Commissions (Kemille, Center Point, Ingram) ...... . APPENDIX C Performance Bond .......................................... APPENDIX D Trust Ageement in Lieu of Performance Bond .................... . APPENDIX E Maintenance Bond ......................................... . APPENDIX F Fee Schedule .............................................. . APPENDIX G Drawing of Typical Road .................................... APPENDIX H Utility Cut of Across County Road .................................. APPENDIX 1 Routing Slips for Platting Subdivisions ......................... . APPENDIX J TxDOT Standard Specifications Flexible Base ..................... APPENDIX K Drawing of Typical Curbed Road ............................. . APPENDIX L Concept Checklist EXHIBITS Exhibit "A" Kea County Water Availability Requirements Exhibit "B" Manufactured Home Rental Communities KC Sub Rules & Regs Revision Page 3 42 42 42 43 43 44 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 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 vehiculaz 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. 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: Kerr County, Texas County Clerk: Kerr County Clerk Court: Kerr County Commissioners Court Cul-de-sac: A road having only one entrance and termination at the opposite end by a vehiculaz 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. .DWG: Suffix indication an AutoCAD ®document (used by most computers aided drafting softwaze). KC Sub Rules & Regs Revision Page ~ 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 over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. Utility Lines: An apparatus used to convey a utility to the consumer (ie. telephone or electric lines or buried cable, water lines, gas lines, sewer, etc.) KC Sub Rules & Regs Revision Page I1 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.O1.A Provision for future subdivisions: If a tract is subdivided into pazcels lazger than ordinary building lots, such pazcels shall be arranged to allow the opening of future roads. 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 public right of ways shall be cleazed of all impediments including boulders, stumps, trees, or any other debris. Selective clearing may be approved by County Engineer. Right of way limits shall be contiguous with lot lines. S.O1.D. Acreage Requirement to Meet Water Availability Requirements: The total number of lots permitted in any subdivision shall not exceed the total acreage in the subdivision divided by five (5) acres unless surface water is the primary source of water for the public or community water system ofthe subdivision. 5.01.E Lot Size: The minimum lot size is as follows subject to Section S.O1D. above; the current Order for Rules of Kerr County, Texas for On-site Sewage Facilities, if applicable; TNRCC Rules and Regulations, if applicable; and Rules and Regulations of I-IUWCD, if applicable: 1. Five (5) acres for lots where an individual water well is planned to be the source of potable water. 2. No acreage limitation for lots served by community or public water systems and served by OSSF if such OSSF can be installed in compliance with the current Order for Rules of Ken County, Texas for On-site Sewage Facilities. 3. No acreage limitation for lots to be served by a community or public water system and a community sewage collection system. S.OLF. Building Setbacks: The minimum allowed building setback from road right of way is twenty (20) feet. S.OI.G. Other developments: Developments such as Planned Unit Developments (PUD), Cluster Developments, Commercial Subdivisions, Commercial on an individual basis by the County Engineer and the Commissioners Court. KC Sub Rules & Regs Revision Page 14 5.02 Roads: 5.02.A Road Layout: Adequate roads shall be provided by the developer, and the arrangement, chazacter, 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. 5.02.B Relation to adjoining road system:. Where necessary to the neighborhood pattern, existing roads in adjoining azeas shall be continued, and shall be at least as wide as such existing roads and in ahgnment therewith. 5.02.C Projection of roads: Where adjoining azeas aze not subdivided, the azrangement of roads in the subdivision shall make provision for the proper projection of roads into such unsubdivided azeas. 5.02.D Road intersections: Road intersections shall be as nearly at right angles as practicable, giving due regazd to terrain and topography. 5.02.E Cul-de-sacs: Cul-de-sacs right of way shall have a radius of not less than fifty (50) feet with a surface of forty (40) feet. 5.02.F Lot and block numbers aze to be arranged in systematic order and shown on the plat. Each block will be numbered sequentially beginning with the number one (1), and each subdivision unit will have a separate lot and block designation. 5.02.G Road construction and design shall meet requirements herein. (See Section VII.) 5.02.H Road Names: Proposed roads which are in alignment with existing named roads shall bear the names of the existing road. Proposed roads shall comply with the Road Naming and Addressing Guidelines of Kerr 911 and approved by Commissioners Court. Road names must be certified by Ken 911 before final plat approval. The Court shall have final determination of road names. 5.02.I Signs: The developer shall present a sign placement plan and have it approved by the County Engineer prior to final plat approval. 5.02.L1 Reflective 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 KC Sub Rules & Regs Revision Page IS or alley pavement, they shall be bored to a point at least four (4) feet beyond the edge of the pavement. (See Appendix H) 5.04.B Utility fixtures extending above ground (poles, fire hydrants, etc.) will be within four (4) feet of the outside edge of the right of way line unless engineer approved. 5.04.0 Underground utility lines aze to be placed a minimum of thirty (30) inches feet below surface (and meet all safety codes) within a range of 0 to 4 feet of the outside of the right of way line. (See Appendix H) 5.05. Concrete Monuments: A minimum of one concrete monument containing certified benchmark elevations shall be required when any part of the subdivision is located within a Special Flood Hazard Area (studied), as represented by the applicable Flood Insurance Rate maps produced by Federal Emergency Management Agency (FEMA). The monument location shall permit reasonable access from all lots. 5.06 Drainage: 5.06.A Drainage facilities shall be provided and constructed in accordance with approved plans as required in these regulations. Drainage plans shall be prepazed by a registered professional engineer experienced in hydrology analysis, and shall be signed and sealed. 5.06.B Drainage facilities shall be designed to minimi~P any adverse impact to private property or public right of way either within or outside the proposed subdivision. The post-construction runoff rates at the point of flows leaving the new subdivision shall not exceed percent of the pre-construction peak runoff rate for the two (2), ten (10) or one-hundred (100) yeaz storms, respectively. Provisions must be made to assure that no adverse impact is made to existing drainage systems within public right of ways. 5.06.C When a drainage channel or storm sewer is to be constructed, three (3) copies of the design complete with construction plans, profiles, and specifications shall be submitted. The plans shall show construction details, calculations showing the anticipated storm water runoff, including watershed azea, percentage and velocity of runoff, and time of concentration. The storm drainage plan prepazed to a scale of 200 feet to one (1) inch and with the same contours and scaled lot sizes as shown on the plat. 5.06.C.1 No pipe less than 18 inches in diameter or comparable flow area shall be used, including driveway crossings. 5.06.C.2 All road widths and grades shall be indicated, runoff figures shall be indicated on the outlet and 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 KC Sub Rules & Regs Revision PeBe i~ enters another road or storm sewer or drainage ditch. Drainage easements shall be provided as necessary. 5.06.D The developer for all subdivisions shall prepare a storm drainage plan where the minimum lot size is less than 15 acres. Three copies of this storm drainage plan prepazed by a registered professional engineer shall be submitted and shall contain calculations showing anticipated storm runoff including water shed azea, percentage, velocity of runoff, and time of concentration. This plan shall be prepared to a scale of 200 feet to (1) one inch and with the same contours and scaled lot sizes as shown on the plat. 5.06.E All drainage structures crossing roads within a subdivision shall be sized based on calculated five-(5) yeaz frequency as established by standard engineering practices. 5.07. Fire Safety. All subdivisions that have community or public water systems and storage tank facilities within the boundazies of the subdivision aze encouraged to install a 2 1/2" NST pipe connection at the storage sank for fire fighting equipment to withdraw water from the storage tank in times of emergency. 5.08. Other Regulations. In addition to these rules and regulations all subdivisions aze subject to the rules and regulations of the Kerr County OSSF program, HGCD program, and all other applicable County, State and Federal regulations. KC Sub Rules & Regs Revision page ~g 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 designated representative for Kerr County OSSF program; and an additional concept plan in sketch form to each of the appropriate utility companies. The County Engineer will forward 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 fillfilling all of the requirements set forth herein, whether or not such requirements are specifically set forth at the Concept Plan. 6.02 Preliminary Plat and Data: 6.02.A Fees: Any preliminary 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, twenty-one (21) days prior to the Commissioners Court Agenda date requested. (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 similar 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 Kerr 911 according to their guidelines. KC Sub Rules & Regs 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 note: "Prior to construction on any lot the owner of said lot shall contact Kerr County OSSF Designated Representative to deternune if the proposed improvement(s) will meet the exemption criteria. All lots in this subdivision aze required to comply with all current and future OSSF regulations adopted by Kerr County. 6.03.C.3.f Certification by the Administrator of Headwater Groundwater 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 Ken County Water Availability Requirements. 6.03.C.3.g Certification by the Administrator of Flood Plain. 6.03.C.3.h Certification by Ken• 911. easements and utility layout. 6.03.C.3.i Certification by the Utility Companies verifying 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 & Regs Revision Page 23 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.3 If the final plat is not approved, the Court or its designee shall inform the developer in writing of the reasons at the time such action is taken. 6.03.D.4 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. 6.03.D.5 Sut&cient 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, azea, and central angle, degree of curvature, tangent distance and length of all curves where appropriate. 6.03.D.6 The minimum surveying requirements shall conform to the accuracy standazds set by the "Texas Board of Land Surveying 1992 Act" except that in no case shall the requirements be less than the following: a) The raw unadjusted angulaz error in the field survey shall not exceed fifteen seconds when multiplied by the squaze root of the number of angles in the traverse. b) The boundary shall be adjusted, and the bearings shall be shown to the neazest 10 seconds and the lengths to the nearest .O1 of a foot. 6.03.D.7 Location and description of monuments in the subdivision when required by Section 5.05 herein. 6.03.D.8 Number of all Lots and Blocks shall be shown on the plat. 6.03.D.9 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. 6.03.D.10 Certification by a Registered Professional Land Surveyor, registered in the State of Texas, to the effect that such plat represents a complete and accurate survey, and meets all Ken County Subdivision Rules & Regulations. 6.03.D.11 The 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. KC Sub Rules & Begs Revision Page 24 6.03.E Accompanying Data: 6.03.E.1 When submitted, the final 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 filed, the final 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 final 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 Alteruate 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 Rutes & Regs Revision Page 25 6.04 Revision of Plat of Existing Recorded Subdivision: A person who has subdivided land that is subject to the Subdivision Rules and Regulations of Kerr County may apply in writing to the commissioner's court for permission to revise the subdivision plat filed for record with the county clerk. 6.04. A. A revised plat must be prepazed by a Registered Professional land Surveyor registered in Texas. A written application and a checklist must be submitted to the County Engineer twenty-one (21) days prior to the requested Court Date along with all of the names and addresses of the property owners in the subdivision. 6.04.B. A recorded copy of the Restrictions and Covenants of the Subdivision being revised must be submitted at the time of the application. 6.04.C. After the application is filed with the commissioner's court, the court shall publish a notice of the application 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 application and to hear protests to the revision of plat. The notice must be published at least three times during the period that begins on the 30th day and ends on the seventh day before the date of the meeting. If all or part of the subdivided tract has been sold to non-developer owners, the court shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owner's address in the subdivided tract. 6.04.D. During a regular term of the commissioner's court, the court shall adopt an order to permit the revision of the subdivision plat if it is shown to the court that: (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 conunissioner'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 requved 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 Ahernate Plat Approval Process does not change the notice requirements set forth in Section 6.04. KC Sub Rules & Regs Revision Page 26 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 regulaz term. The published notice must duect 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 are 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. 6.OS.C On application for cancellation of a subdivision or any phase or identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of 75 percent of the property included in the subdivision phase or identifiable part, the commissioners court by order shall authorize the cancellation in the manner and after notice and a hearing as provided by Subsections, (A) and (B). However if the owners of at least 10 percent of the property affected by the proposed cancellation file written objections to the cancellation with the court, the grant of an order of cancellation is at the discretion of the court. 6.OS.D "fo maintain an action to enjoin the cancellation or closing of a roadway or easement in subdivision, a person must own a lot or part of the subdivision that: abuts directly on the part of the roadway, or easement to be canceled or closed; or connected by the part of the roadway or easement to be canceled or closed, by the most direct feasible route, to: a) the neazest remaining public highway, county road, or access road to the public highway or county road; or b) any uncanceled common amenity of the subdivision. 6.05.E A person who appeazs before the commissioners court to protest the cancellation of all or part of a subdivision may maintain an action for damages against the person applying for the cancellation and may recover as damages an amount not to exceed the amount of the person's original purchase price for property in the canceled subdivision or part of KC Sub Rules & Regs Revision Page 27 the subdivision. The person must bring the action within one yeaz after the date of the entry of the commissioner's court's order granting the cancellation 6.OS.F The commissioner's court may deny a cancellation under this section ff the commissioner's court determines the cancellation will prevent the proposed interconnection of infrastructure to pending or existing development. 6.06. Cancellation of Subdivisions if Land Remains Undeveloped: The commissioners court may cancel, after notice and a hearing a subdivision for which the plat was filed and approved before September 1, 1989. 6.06.A The commissioners court must publish notice of a proposal to cancel a subdivision under this section and the time and place of the required hearing in a newspaper of general circulation in the county for at least 21 days immediately before the date of cancellation order is adopted. The county tax assessor-collector shall, not later than the 14ih day before the date of the hearing, deposit with the United States Postal Service a similaz notice addressed to each owner of land in the subdivision, as determined by the most recent county tax roll. 6.06.B At the hearing, the commissioner's court shall permit any interested person to be heazd. At the conclusion of the heazing, the court shall adopt an order on whether to cancel the subdivision The commissioner's court may adopt an order canceling subdivision if the court determines the cancellation is the best interest of the public. The court may not adopt an order canceling a subdivision if: 1) the cancellation interferes with the established rights of a person who is anon-developer owner and owns any part of the subdivision, unless the person agrees to the cancellation; or 2) the owner of the entire subdivision is able to show that: a) the owner of the subdivision is able to comply with the minimum state standards and model political subdivision rules developed under Section 16.343, Water Code, including any bounding requirements; or b) the land developed or improved before September 1, 1989. 6.06.C The Commissioners Court shall file the cancellation order for recording in the deed records. After the cancellation order is files and recorded, the property shall be treated as if it had never been subdivided, and the county chief appraiser shall assess the property accordingly. Any liens against the property shall remain against the property as it was previously subdivided. KC Sub Rules & Regs Revision Page 28 7.05 Commercial Driveways. Driveways serving commercial development shall be determined on case-by-case basis. 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 azea of the sub grade shall be cleazed and grubbed to a depth of not less than 6" below natural ground in fill azeas and one foot below sub grade elevation in excavated azeas. 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 standazd proctor for in place materials or as specffied in the pavement report prepazed by a soils lab or proof rolled by equipment as approved by the County Engineer. (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 tests per project. Such tests shall be by and at the expense of the developer. Additional testing may be required and, if necessary, will by made at the request of the County Engineer and cost thereof paid by the County ff the test passes and paid for by the developer if the test fails. (d) High Plasticity Soils: High plasticity index soils shall be stabilized with lime or cement by direction of the County Engincer. (e) 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 azea, (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. KC Sub Rules & Regs Revision Page 30 be accomplished by suitable equipment to obtain a m;n;mum density of 95% of AASHTO T180-61 (Standazd Proctor). Moisture content shall be maintained neaz 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 vaziances 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 azea 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 (0.2) gallons of AEP or SSI asphalt, or equivalent, per square yard of surface covered. Generally traffic shall be diverted from the primed azea 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 aze provided with a wearing surface shall meet the following standazds: (a) Asphalt Surface: (1) Asphah: A two course asphalt surface treatment composed of asphalt and aggregates of the grades and rates of distribution shown below: asphah shall beCRS-2 emulsion, except that CRS-2h may be placed on roads having sharp curves and steep grades during the period May 1st to October 15th. Total asphalt, both courses, not less than 0.6 gallon per Squaze Yard. (2) Aggregates: Aggregates shall be from grading as established by the Texas Department of Transportation Standard Specifications. (3) Grading Rates of Distribution KC Sub Rules & Regs Revision Page 33 APPENDIX Kerr County Subdivision Rules & Regulations Appendix -Page 1 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 roads, alleys, pazks, 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 none 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 ,200 Notary Public Kerr County, Texas Kerr County Subdivision Rules & Regulations Appendix -Page 2 APPENDIX B CERTIFICATION ON PLATS 1) 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 subdivision 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 Kerr County OSSF. Kerr County Subdivision Rules & Regulations Appendix -Page 3 3) Certifications by Administrator of Headwaters Groundwater Conservation District Note: This certification is ony required if the subdivision or a) Will utilize a public or community water system of less than 16 connections, or b) Well testing is required under Section 1.05 of the Ken County Water Availability Requirements. c) I hereby certify that the subdivision platted hereon meets the rules and regulations of Headwaters Groundwater Conservation District regarding private or public water supply provisions. Date Administrator of H.G.C.D. 4) Certifications for Flood Plain Administrator I do hereby certify that the subdivision platted hereon (does or does not include) azeas within a designated 100-yeaz flood hazard zone according to Flood Insurance 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 Pretention 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-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 fmished 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 seal level.) Scenario III A Kerr County Development Permit is required prior to any development on any lot containing area within the 100- year flood hazard zone. Kert County Subdivision Rules & Regulations Appendix -Page 4 S~ CertiScation by Kerr 911 Director 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 Kerr 911. Date 911 Director 6) CertiScation 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 'n 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 (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 fot 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 Records of Kerr County, Texas. (Type Name) County Clerk of Kerr County, Texas Kerr County Subdivision Rules & Regulations Appendix -Page 5 9) 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 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 coon 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. 10) 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 Kerr County shall have no obligation what so ever to repair or accept maintenance of the roads shown on this subdivision untfl 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. Kerr County Subdivision Rules & Regulations Appendix -Page 6 11) City Planing Commissions For Flab io City of Kerrville Ertra Territorial Jurisdiction I hereby certify that the Subdivision plat shown hereon has been found to comply with the subdivision regulations for Kerrville, Texas, with the exceptiat 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 Plat in City of Iugram Ertra 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 Ketr County, Texas. Date Mayor, City of Ingram Kerr County Subdivision Rules & Regulations Appendix -Page 7 APPENDIX C Performance Bond Form The performance bond required in this regulation, above, shall be in the following form: PERFORMANCE BOND STATE OF TEXAS X COUNTY OF KERB x KNOW ALL MEN HY THESE PRESENTS: That we, ,the undersigned developer, as Principal, and as Surety, do hereby acknowledge ourselves to be held and firmly bound unto the Kerr County, a County in the State of Texas, in the full and just sum of $ ,for the payment of which wilt and truly to be made, we hereby bind ourselves and our respective hens, administrators, executors, and assigns, jointly and severally, fnmly by these presents. WHEREAS, the Principal has petitioned Kerc County for permission to develop a subdivision within the jurisdiction of Kerr 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 Kerr County on date ,and WHEREAS, under the provisions of the Kerr County subdivision control regulation adopted as of Ken 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 Kerr 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 Attorney in Fact APPROVED AND ACCEPTED, this the day of KERR COUNTY By: Title: Kerr County Subdivision Rules & Regulations Appendix -Page8 APPENDIX D LETTER OF CREDIT NO. _ (Maintenance of Roads, Streets, and Alleyways in 1 (Name of Subdivision or Location) A DEPOSIT ON BEHALF OF This is an irrevocable Letter of credit issued to the County of Kerr, Texas, at the request of in accordance with Chapter 5, V.T.C.A., Texas Business and Commerce Code. This Bank promises to pay to the order of Kerr County, Texas, upon presentation of a sight draft, any amount not excedding the cumulative total of ($) on or after This is not a notiation credit, and Kerr County, Beneficiary, shall be entitled to payment without the presentation of documents. In accordance with Section 5, 106 of the Texas Business and Commerce Code, this letter of credit may be modidied by the reductuion of the total outstanding and unused amount of this credit, upon the execution and delivery to issuer of a sworn statement making demand by the County Engineer of Kerr County, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Kerr County letterhead. This letter of credit shall expire on IN WITHNESS WHEREOF, the Issuer has caused this letter to be signed and attested by its duly authorized officer(s) who has attached proof of this authorization to sign, and sealed with the Issuer, this the day of , 200_. ISSUER: BY: (Type/Print Name) Signature: Kerr County Subdivision Rules & Regulations Appendix -Page 9 AFFIDAVIT STATE OF TEXAS )( COUNTY OF KERR )( 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 S frmn the trust acmant heretofore deposited with ,trustee, and seated for such use and purpose, and expended said funds so withdrawn nn prescribed site improvements to said subdivision as follows: Site Improvements Amount Percenta¢e of Completion with expenditure of these funds, it is estimated that the prescribed site improvements will be oomple[ed by Developer SWORN TO AND SUBSCRIBED BEFORE ME this day of ,_ Notary Public in and for Kerr County, Texas Until this affidavit is accomplished, no fiuther withdrawals shat) be made from said trust account. The trustee shalt be authorized to release fiuther funds to the developer only after receipt of written notification [hereof from [he designated County Official so to do. Developer agees to construct all site improvements within three years from the date of final approval of [he 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 Kert County for the sole purpose of completing, repairing, maintaining or otherwise working on the site improvements in such subdivisions. A resolution of the Commissioners Court of Kert County declaring that such site improvements have not bern 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. trustee. A copy of this contract has been supplied to [he bank, [rust company, or qualified escrow agent named by the undersigned Developer By: Trustee APPROVED AND ACCEPTED, this the day of _. KERR COUNTY Kert County Subdivision Rules & Regulations Appendix -Page 10 APPENDIX E Maintenance Bond The maintenance bond requ'ved by this regulation above, shall be in the following form: MAINTENANCE BOND STATE OF TEXAS X COUNTY OF KERR )( 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 Kerr County ofthe State of Texas, in the full and just sum of $ , (being 10% if the estimated cost ofthe hereinafter enumerated site improvement) for the payment of which well and truly to be made, we hereby bind ourselves and our respective he'u•s, 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-wit: which is shown on a subdivision plat, entitle Subdivision, heretofore conditionally approved by the Commissioners Court of Kerr County on day, ,and WHEREAS, under the provisions ofthe Subdivision Regulation of Kerr County requires, as a wndition 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 ofthe construction thereof by the county. NOW, THEREFORE, the condition of this obligation is such that ifthe 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 ofthe construction thereof by Kerr County and until the final approval of said Kerr County thereafter by resolution ofthe 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 Developer and Principal Surety By: Attorney in Fact APPROVED AND ACCEPTED, this the day of , KERRCOUNTY Kecr County Subdivision Rules & Regulations Appendix -Page 11 APPENDIX F Permitting & Regulatory Fees Headwaters Groundwater Conservation District Application for license to drill or alter a registered well (<25,000GPD) $ 250.00 Application for license to drill or alter a permitted well (>25,000 GPD) $1000.00 Transfer of Well Ownership $ 50.00 Application to registering and existing exempt well drilled prior to 1994 NO FEE Plugging an existing well NO FEE Cancellation of License or Denial of Application $ 50.00 Request for Hearing or Rehearing Application $ 50.00 Replacement Pin Fee $ 25.00 Subdivision Review Fee $ 50.00 + $75/hr Subdivision Plat Review for Water availability: Less than 50 acres $200.00 + $75/hr More than 50 acres $300.00 + $75/hr F7oodplain Application for Floodplain Determination $ 30.00 Application for Flood Plain Development Permit-Residence $ 125.00 Application for Flood Plain Development Permit-Commercial $ 200.00 Oo-Site Sewage Facilities *Application for Licensed OSSF <500 GPD $ 200.00 *Application for Licensed OSSF >500 GPD $ 400.00 Application for repairing a licensed OSSF $ 50.00 Application for a transfer of license <500 GPD $ 75.00 Application for a transfer of license >500 GPD $ 150.00 Ker County Subdivision Rules & Regulations Appendix -Page 12 Application for Review of a Proposed Subdivision Request for an inspection, each additional inspection, or reinspection Research Fee Copy of County OSSF Order Copies of Maps (anticipated with GIS capablities) Expedite Fee (<3 day due date) County Clerk Preliminary Plat or Revision of Preliminary Plat Recording Fee 1'tinal Plat or final Revision of Plat Filing of Final Plat Record Fee Courthouse Security Fee Certified Copy City Plats and Minor Replats Recording Fee Record Management Fee Courthouse Security Fee Certified Copy (2 of 2) $ 75.00 + 6.00 per lot $ 50.00 each $ 10.00/document $ 5.00 each $ 3.00/page $ 100.00 $ 50.00 $ 50.00 + $ ] 0.00 per lot/tract $ 5.00 $ ].00 $ 5.00 $ 50.00 $ 5.00 $ 1.00 $ 5.00 Kerr County Subdivision Rules & Regulations Appendix -Page 13 ApP~1`roix G TyptCAL ROAD SECTION ~~ DITCHES 6D FL. RiSht'°f wa} ~ Z, 3' 6 3' I pb.t4 for width) Flexible Base (5~ 7. 6.14 for width) ~~Q As4~ie 5>~~ tI 2.11+~~ rse Satiate Trestutt°t or 1 y" Hot 11iiz 3:1 Nf/+X 6„ Compacted 5ubSrade -" 6>' Flext e ~ f ~e avera8e elevation of 95°lo Std• Prod°r ~ would be A' lower than Danst~ de of the str fished center line g~ of the 4COPosed gyn. of anah'sis In suburban area ~ each side as sho ~ lines il~e fm ~ ~ ll furnish the county with rep°~s the 4tO e ~~actor sha Before 41a0 ~ b a~44 °ved laboratory tion% dial ma ~ requhed for cut or fill sec ma Increased right of `xaY width maY Kerr County Su~ivision Rules & Re$ulau°ns Appendix _ Page l`i utiy~~~les 24„ Mme, Cover p.4' from Outside R.O W . ApYENDIX H 1. 2• tdities Crossing County R°ad U~ground U ~ aved~ V,rhen it is before the road is p gored to a pint of at shall be installed t the), shall be ss under a road rid pavemen All utility lines that lP ~~ pass under an existing necessary that utility a of the pavement• least f°ur ~~) f~ blond the e3g s must be followed: d date e the following ~~ location, time an it impossible to bor , e Depa~u~ent showing Should conditions exist b ing~ fry the Road & 8ridg Traffic Control a} A permit must be Texas ivlanual of Uniform the road is to be cut. rdance with ffic during the construction. below. b) Silage must be prod as flaw shall direct tra a details shown Devices(MUTCD)' and Cepaired exactly in accordance ~ ~ than five (5) working dafor the The road wi11 be dug el manner, but no longa~ment shall be contacted c} ill be completed in a tim y d g~, Bridge dap d} The work w 1~~, the Roa luding After the construction is comp s datnag~+ utc e) u1t ht a suit to collect the County' final inspection. 2 ,hill res rocedure in ltemma mutt in criminal prosecution. g. Failure io follo and court cost, and y attorney's fees ~~ y' Cold Mix Asphalt Patch 12" 2,50° PSI Cm~rete SatisfactoTY Native _ _ t„~t~ials Compaq to 95% STO Destiy (~7Mgb48) Select Cnandular Material P bac ~d~ Maxim~aa and ComPa~'ed to 45°f° STO AesitY (ASTM p.b98) PA~ME~ PAIR Fp31SfIF~ r'~E 6 inches 6 inches Saw Cut Full r~rvwved Roadway 6" Mimmma I OTset Minimum 30" Cover __-- - ~ ------- Kett Camty gubdivisian Rules ~ Regulations Appendix -Page 15 ice Use Only APPENDIX I Date Received by R&B ROUTING SLD' Kerr County Application for Final Plat of a Subdivision Name of Subdivision: Location of Subdivision: Owner/Developer: Surveyor: Precinct # Phone Phone Is this part of an existing subdivision? Yes ( ) No ( ) Ifyes, Name: Volume _, Page _. AGENDA DATE REQUESTED: Person(s) appearing before Commissioners Court: Final Plats are to be submitted to the Ken County Engineer, for Review Twenty-one (21) 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 [ j Septic Pernut Fee Amount Paid $ Signature: (UG1iA Office) Date 4. Submit one (1) copy of Final Plat of Headwaters Groundwater Conservation District Fee Amount Paid $ Signature: (HGCD 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 Subdivision Rules & Regulations Appendix -Page 16 APPENDIX I ice Use Only Date Received 6y R&B ROUTING SLIP Kerr County Application for Preliminary Plat of a Subdivision [ ] Preliminary Plat [ ] Preliminary for Revision of Plat Name of Subdivision: Location of Subdivision: OwnerlDeveloper: Surveyor: Precinct # Phon () - Phone(_) - Is this part of an existing subdivision? Yes ( ) No ( ) If yes, Name: Vohame _, Page _. AGENDA DATE REQUESTED: Person(s) appearing before Cotntnissioner's Court: 1. Submit ten (10) copies of Plat and Drainage Study to the Kerr County Engitteer, for Review twenty-one (21) 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: (Ken County Engineer's Office) Date 2. Submit one (I) Copy of Preliminary Plat to County Clerk and arrange for payment of fees per Ken County Subdivision Rules & Regulations. [ ] Preliminary Plat [ ] Preliminary Revision of Plat Amount Paid $ Signature: (County Clerks Office) Date 3. Submit one (I) 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: (UGRA Office) Date (1 of 2) Kerr Canty Subdivision Rules & Regulations Appendix -Page ] 7 4. Submit one (1) copy of Final Plat of Headwaters Groundwater Conservation District Fee Amount Paid $ Signature: (HGCD Office) Date 5. 911 STREET NAMES (if applicable): The attached Plat is for Preliminary Review. Discuss with the Surveyor/Engineer any potential problems. Signature: (911 Otce) Date 6. If Platting includes any utility easements or changes to an existing easement notification of the Utilities involved aze 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. If Platting has access to a 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 mylaz for final approval. Signature: (TXDOT Engineer's Office) Date ++ You must then COMPLETE this form and return it to the County Engineer Fifteen (1 S) days before Commissioner's Court Agenda Date. (2 of 2) Kerr County Subdivision Rules & Regulations Appendix -Page 18 APPENDIX J Teaas Departutent of Transportation STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF ffiGHWAYS, STREETS, AND BRIDGES 1993 (Later years are done in metric) ITEM 247 FLEXIBLE BASE 247.1. Descripdoa. This Item shall govern for the delivery, stockpiling and/or the construction of foundation or base courses as herein specified and in conformity with the typical sections and to the lines and grades shown on the plans or established by the Engineer. 247.2. Materials. The flexible base materiai shall be crushed or uncrushed as necessary to meet the requirements herein, and shall consist of durable coarse aggregate particles and binding materials. (1) General. When off right of way sources are involved, the Contractor's attention is directed to Item 7, "Legal Relations and Responsibilities to the Public". (2) Physical Requirenteuts. (a) GeueraL All types shalt meet the physical requirements for the specified grade(s) as set forth in Table 1. Additives, such as, but not limited to, lime, cement or fly ash, shall not be used to alter the soil wnstants or strengths shown in Table 1, unless otherwise shown on the plans. Unless otherwise shown on the plans, the base material shall have a minimum Bar Linear Shrinkage of 2 percent as determined by Test Method Tex-107-E, Part II. The flexible base shall be one of the following types, as follows: (b) Type A. Type A material shall be crushed stone produced from oversize quarried aggregate, sized by crushing and produced from a naturally occurring single source. Crushed gavel or uncrushed gravel shall not be acceptable for Type A material. No blending of sources and/or additive materials will be allowed in Type A material. (c) Type B. Type B material shall be crushed or uncrushed gravel. (d) Type C. Type C material shall be crushed gravel. Unless otherwise shown on the plans, crushed gravel shall have a minimum 60 percent of the particles retained on the No. 4 sieve with two (2) or more crushed faces as determined by Test Method Tex-460, Part 1. (e) Type D. As shown on the plans. (I of 4) Kerr County Subdivision Rules & Regulations Appendix -Page 19 TABLE 1 PHYSICAL REQUIREMENTS GRADE 1 GRADE 2 GRADE 3 Triaxial Class 1: Min. Triaxial Class lto 2..3: Triaxial Class-Unspecified compressive strength, Min, compressive psi: 45 at 0 psi lateral strength, psi: 35 at 0 psi pressure and 175 at 15 lateral pressure and 175 at psi lateral pressure 15 psi lateral pressure Master Grading Master Grading Master Grading 1-3/4" 0 2-1/2" 0 2-1/2" 0 7/g" 10-35 1.3/4" 0-10 1-3/4" 0-10 3/8" 30-50 No.4 45-75 No.4 30-75 No.4 45-65 No. 40 60-85 No. 40 50-85 No. 40 70-85 Max LL ...... 40 Max LL ...... 40 Max LL ...... 35 Max PI ...... 12 Max PI ...... 12 Max PI ...... 10 yy~ Ball Mill Wet Ball Mill Wet Ball Mill Max , , , , , , , 45 Max ....... 50 Max ....... 40 Max increase in passing Max increase in passing Max increase in passing No. 40 ....... 20 No. 40 ....... 20 No.40....... 20 GRADE 4 GRADE 5 GRADE 6 Triaxial Class Triaxial Class Unspecified Unspecified Master Grading Master Grading As Shown on the Plans 1-3/4" ....... 0 1-3/4" ......... 0 No.4..... 45-75 No.40........ 50-85 No. 40.......50-85 Max LL ....... 40 Max LL ....... 40 Max PI ....... 12 Max PI ....... 12 Notes: l . Gradation requirements are percent retained on square sieves. 2. When a magnesium soundness value is shown on the plans the material will be tested in accordance with Test Method Tex-411-A. 3. When lightweight aggregates are used, the wet ball mill requirements will not apply and the lightweight aggregate shall meet the Los Angeles Abrasion, Pressure Slaking and Freeze Thaw requirements of Item 303, "Aggregate for Surface Treatment (Lightweight)". (2 of 4) Kerr County Subdivision Rules & Regulations Appendix -Page 20 (3) Pilot Grading. When pilot grading is required on the plans, the flexible base shall not vary from the designated pilot grading of each sieve size by more than five (5) percentage points. However, the flexible base grading shall be within the master grading limits as shown in Table 1. The pilot grading may be varied by the Engineer as necessary to insure that the base material produced will meet the physical requirements shown in Table 1. (4) Testing. Testing of flexible base materials shall be in accordance with the following Department standard laboratory test procedures: Moisture Content Liquid Limit Plasticity Index Tex-103-E Tex-104-E Tex-106-E Bar Linear Shrinkage Tex-]07-E, Part II Sieve Analysis Tex-110-E Moisture-Density Determination Tex-113-E Roadway Density Tex-ll 5-E Wet Ball Mill Tex-] 16-E Triaxial Tests Tex-117-E (Part I or II as selected by the Engineer) Particle Count Tex-460-A, Part I Samples for testing the base material for trivial class, soil constants, gradation and wet ball mill will be taken prior to the compaction operations. (5) Tolerances. Unless otherwise shown on the plans, the limits establishing reasonably close conformity with the specified gadation and plasticity index are defined by the following: (a) Gradation The Engineer may accept the material, providing not more than one (1) out of the most recent five (5) consecutive gradation tests performed aze outside the specified limits for master grading or pilot grading, as applicable, on any individual sieve by no more than five (5) percentage points. (b) Pbtstkity Index. The Engineer may accept the material providing not more than one (1) out of the most recent five (5) consecutive plasticity index samples tested are outside the specified limit by no more than two (2) percentage points. (~ Material Sources. The flexible base material shall be famished by the Contractor. When a noncommercial source is utilized, it shall be opened in such manner as to immediately expose the vertical faces of all the various strata of acceptable material. Unless otherwise approved by the Engineer, the material shall be secured and processed by successive vertical cuts extending through all of the exposed strata. Unless otherwise shown on the plans, the flexible base material shall be temporarily stockpiled prior to delivery to the roadway. Unless other wise shown on the plans, the stockpile shall not be less than ten (10) feet in height and shall be made up of layers not greater than two (2) feet in thickness. After a sufficient stockpile has been constmcted the Contractor may proceed with loading from the stockpile for delivery. In loading from the stockpile for delivery, the material shall be loaded by making successive vertical cuts through the entire depth of the stockpile. (3 of 4) Kerr County Subdivision Rules & Regulations Appendix -Page 21 When temporary stockpiles are to be tested for acceptance prior to delivery to its intended use, any stockpile that has been sampled and accepted shall not have material added or removed unless otherwise approved by the Engineer. The Contractor will be charged for addition sampling and testing required as a resuh of material being removed from a previously approved stockpile without the approval of the Engineer. Such charges will be deducted from the Contractor's estimates. Blending of materials from more than one (1) source to produce Type B C or D flexible base will be allowed when approved by the Engineer. (4 of 4) Kerr County Subdivision Rules & Regulations Appendix -Page 22 TYPICAL CURBED SECTION FOR LOCAL ROAD 6"Flexible Base 95%Std. Proctor Density 6" Compacted Subgrade In suburban areas the fmished center line grade of the street would be 4" lower than the average elevation of the property line on each side as shown hereon. Before placing any material the contractor shall furnish the county with reports of analysis of the proposed material made by an approved laboratory. Increased right of way width may be requ'ved for cut or fill sections. * Dimensions shown are for Local Road, See Section 7.06.4 for other road classifications. 60 FT. Right-o$-Way 33 ft. Flexible Base 30 ft. to Face of Curbs * 27 ft. Asphaltic Surface Course Surface Treatment or 1 'h" Hot Mix 4" Crown Curb & Gutter Utilities 24" Min. Cover 0-4' from Outside R.O.W. b z d Kerr County Subdivision Rules & Regulations Appendix -Page 23 APPENDIX L CONCEPT PLAN This form must be completed and returned to the office of the Kerr County Engineer before a meeting will be set for developing a Concept Plan. At the time of the meeting you will need: I) Two drawings in sketch form 2) USGS topographic map of the area Name of Subdivision: Location of Subdivision: Owner/Developer: Surveyor: Precinct # Phone(_) - Phone~~ -, Is this part of an existing subdivision? Yes ( ) No ( ) If yes, Name: Volume ~ Page AGENDA DATE REQUESTED: Person(s) appearing before Commissioners Court: Circle. Check or Fill in the Blanks Proposed Subdivision is located in the ETJ of a City? Yes No If so, what City Have you checked with the following authorities: City Yes No Texas Department of Transportation Yes No County Clerk for Name Duplication Yes No 911 for Addressing and Road Names Yes No On-Site Sewage Facilities Administrator Yes No Flood Plain Administrator Yes No Headwaters Groundwater Conner. Dist.Yes No Water Provider Telephone Provider Electric Provider School District Number of Acres Number of Lots Mimimum Lot Size Maximum L ot Size Comments: Kerr County Subdivision Rules & Regulations Appendix -Page 2'-~I ice Use Orsly Date Received by RBrB Considerations I) Road Types County Maintained Paved Private Unpaved Private 2) Road Classification Arterial Collector Local Country Lane 3) Drainage Study 4) 5) 6) 7) COMMISSIONERS COURT ORDER NUMBER # 26748 Kerr County Water Availability Requirements 1.00 An Order establishing Kerr County Water Availability Requirements for property located in Kerr County outside the city limits of an incorporated or chartered municipality. BE 1T ORDERED and ADOPTED by the Commissioners Court of Kerr 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 Ken 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 area. 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 standards 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 Kerr 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 area of each lot to provide enough annual recharge to equal the average annual per capita usage of water. KC Sub Rules & Rios Revision pyge ~ 1.03. Acreage Requiremeuts 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 utflize 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 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 plaits and specifications of the proposed water system; if the proposed water system will have 15 or less 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 (IS), 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. Iudividual 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: (1) Well Testing: KC Sub Rules ~ Regs Revision Pagc 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 aze 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 zones. 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 (b.) 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 for chloride, conductivity, fluoride, iron, nitrate, pH, sulfate, total hazdness, total dissolved solids and coliform bacteria, and E. soli. 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 ~ }tegs Revision Pege 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 lOgpm 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 Commissioners 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 of that evaluation to the Comrissioners Court. 1.06. Exemptions: Section 1.05 (Individual Water Wells) of these Water Availability Requirements shall not apply to any plat if: (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 Rulcs & Reps Rey°isio~ Pale 4 (c) If the plat is revised and the number of lots within the subdivision, after taking into account the plat revision, does not exceed the original number of lots by more than twenty percent (20%). 1.07. No Warranties: Approval of any plat based upon meeting the Water Availability Requirement shall not constitute a warranty by the Commissioners Court as to the quantity or quality of groundwater available. KC tiub Rules Nc Regs Revision Psgc 5 a.) Developer's or Owner's Certificate of Ownership, and written consent of all lien holders. b.) Certification by a register professional engineer for accuracy of topography and drainage. c.) Certification by the Administrator of On-Site Sewage Facilities. d.) Certification by the Administrator of Headwaters Groundwater Conservation District. e.) Certification by the Flood Plain Administrator for Kerr County. f.) Certification by Kerr 911. g.) Certification by the Utility Companies verifying easements and utility layout. 1.04.E.11. 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. 1.03.E.12. The minimum surveying requirements shall conform to the accuracy standazds set by the "Texas Board of Land Surveying 1992 Act" except that in no case shalt the requirements be less than the following: a) The raw unadjusted angular error in the field survey shall not exceed fifteen seconds when multiplied by the square root of the number of angles in the traverse. b) The boundary shall be adjusted, and the beazings shall be shown to the nearest 10 seconds and the lengths to the nearest .Ol of a foot. 1.04.E.13. Certification by a Registered Professional Land Surveyor, registered in the State of Texas, to the effect that such plat represents a complete and accurate survey, and meets rules and regulations contained herein 1.04.E.14. A general location map of the manufactured home rental community showing the entire watershed (U.S.G.S. Quadrangle is satisfactory). 1.04.E.15. The survey shall contain the following note: " (Owner), acknowledges and agrees that Ken County shall have no obligations whatsoever to repair or accept maintenance of the roads KC Sub Rules ~, Regs Revistion Page 9 Office Use Only Date Received fiy R&B ROUTING SLD' Kerr County Development Plan for Manufactured Home Rental Community Name of Manufactured Home Rental Community: ` Location/Address: Owner/Developer: Surveyor: Precinct # Phone (_) - PhoneL_~ -_ Is this part of an existing subdivision? Yes ( ) No ( ) If yes, Name: Volume _, Page AGENDA DATE REQUESTED: Person(s) appearing before Commissioner's Court: Submit ten (10) copies of Plan and Drainage Study to the Kerr County Engineer, for Review twenty- one (2 ])days prior to Commissioner's Court Date.** One will be forwazded immediately to the Commissioner of the Precinct in which the Community lies. Received by: (Kerr County Engineer's Office) Date 2, Submit one (I) Copy of Development Plan to County Clerk and arrange for payment of any applicable fees. Amount Paid $ Signature: (County Clerks Office} Date 3. Submit one (1) copy of Development Plan to Upper Guadalupe River Authority [ ] Permit application and support data for On-site Sewage Facilities ~ ~ Flood Plain information Fee Amount Paid $ Received by: (UGRA Office) Date 4. Submit one (1) copy of Final Plat of Headwaters Groundwater Conservation District Fee Amount Paid $ Signature: (HGCD Office) Date KC Sub Rules X. Rcgs Rcv~sion pine ~ I 5. 911 STREET NAMES (if applicable): The attached Plan is for review. Discuss with the Surveyor/Engineer any potential problems. Signature: (91t Date 6. If Plan includes any utility easements or changes to an existing easement notification of the Utilities involved are required for Development Plan. Utility shall give Surveyor/Engineer easement notes required. 1. Electric Utility: 2. Telephone Company: (This shall be added to the Mylar if applicable) Fax copies acceptable. If Manufactured Home Rental Community has access to a Texas Department of Transportation Roadway a copy of the Development Plan must be reviewed by the TXDOT Engineer. Signature on this form indicates receipt of Development Plan, sign mylar for final approval. Signature: _ (TXDOT Engineer's Office) Date ** You must then COMPLETE this form and return it to the County Engineer Fifteen (15) days before Commissioner's Court Agenda Date. (2 of 2) KC Sub Rules Nc Regs Revision Page 12