ORDER N0. '7597 RPPROVAL OF ADOPTING REVISED N.ERR COUNTY SUPDIVISION RULES RND REGULRI"IONS On this the 10th day of Si_ine ~00F_'~ ~_ipon motion made by Commissioner Let'~~ seconded by Commissioner Williams the Co~ar't unanimously approved by a vote of 3-Q~-@~ the revised Kerr Coi_inty Si_i6division Rules and Regulations as amended in Commissioners' Co~_irt on June iWr cGOS. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COiTRT. MADE BY: Jonathon Letz OFFTCE: Commissioners' Court MEETING DATE: June 10, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss adopting revised Kerr County Subdivision Rules and Regulations. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Commissioner Pct. #3 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 determine 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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Kerr County Subdivision Rules & Regulations December 11, 2000 REVISED .TUNE 10, 2002 CONTENTS Page Section I GENERAL PROVISIONS & PURPOSE ............ 4 Section II DEFINITIONS ................................ 7 Section III APPLICABILITY & ENFORCEMENT .............. 12 Section IV VARIANCES .................................. 13 Section V SUBDIVISION STANDARDS 5.01 General ....................................... 14 5.02 Roads ........................... .:.:.....:: 15 5.03 Water Disposal System ............................ 16 5.04 Utility Lines ................................... 16 5.05 Concrete Monuments ............................ 17 5.06 Drainage ...................................... 17 5.07 Fire Safety ......................................................... 18 5.08 Other Regulations ............................... 18 Section VI PLATTING PROCEDURE 6.01 Concept Plan ........................... 19 6.02 Preliminary Plat and Data ......................... 19 6.03 Final Plat ..................................... 22 6.04 Revision of Plat of Existing Recorded Subdivision ..... 25 6.05 Cancellation of Subdivision ................. 26 6.06 Cancellation of Subdivisions if Land Remains Undeveloped 27 Section VII ROAD SPECIFICATIONS 7.01 Permitted Roads ................................ 29 7.02 Dedication to Public .............................. 29 7.03 Design of Public Improvements ..................... 29 7.04 Access to Permitted Roads ......................... 29 7.05 Commercial Driveways ........................... 30 7.06 Publicly Dedicated Paved Roads ..................... 30 7.07 Privately Maintained Paved Roads ................... 37 7.08 Privately Maintained Unpaved Roads ................. 38 7.09 Encroachments into Public Right of Way ............... 39 7.10 Acceptance of Road for County Maintenance ........... 39 7.11 Conditions of Acceptance .......................... 39 7.12 Filing of Record Plat ............................. 40 Section VIII INSPECTION, APPROVAL & ACCEPTANCE 8.01 Inspections ..................................... 41 8.02 Acceptance ...................................... 41 KC Sub Rules & Regs Revision Page 2 Section IX GUARANTEE OF PERFORMANCE 9.01 Security Bond ................................... 42 9.02 Maintenance Bond ............................... 42 9.03 Security Extension .............................. 42 Section X MISCELLANEOUS PROVISIONS 10.01 Waiver of City Jurisdiction .......................... 43 10.02 Severability ...................................... 43 Section XI ENFORCEMENT ............................................ 44 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 Flood plain ................... . 5) Certification by Director of Kerr 911 Emwgency ................ . 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) ...... . APPENDDC C Performance Bond .......................................... APPENDIX D Trust Agrcement in Lieu of Performance Bond .................... . APPENDDC E Maintenance Bond ......................................... . APPENDDC F Fee Schedule .............................................. . APPENDIX G Drawing of Typical Road .................................... APPENDIX H Utility Cut of Across County Road .................................. APPENDD~ I Routing Slips for Platting Subdivisions ......................... . APPENDIX J TxDOT Standard Specifications Flexible Base ..................... APPENDIX K Drawing of Typical Curbed Road ............................. . APPENDDC L Concept Checklist ......................................... EXHIBITS Exhibit "A" Kerr County Water Avaihability Requirements Exhibit "B" Manufactured Home Rental Communities KC Sub Rules & Rego Revision Page 3 GENERAL PROVISIONS & PURPOSES Section I 1.01 Regulating the Filing for Record of Subdivision Plat and Other Requirements Pertinent thereto for all subdivisions situated outside an incorporated town or city that bas adopted Subdivision Rules and Regulations in Ken County, Texas, and subject to the jurisdiction of the Commissioners Court of Ken County, Texas. If any incorporated town or city should waive, by variance or whatever, its jurisdiction over any subdivision or part of a subdivision which is located within its Extra Territorial Jurisdiction these regulations shall be applicable. 1.02 Subdivision Plat as deSned by Section 232.001 of the Local Government Code shall be required to be prepared by the owner if a tract of land is subject to the jurisdiction of the Commissioners Court set forth above and is divided into two or more parts to lay out: A. A subdivision ofthe tract, including an addition; B. Lots; or C. Streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. 1.03. A subdivision shall not be subject the platting requirement of these rules and regulations if: A. The owner does not ]ay out a part of the tract descnibed in Section 1.02.C. and the land is to be used primarily for agricultural use, as defined by Section 1-d, or for farm, ranch, wildlife mauagement, or timber production use as deSned in Section 1-d-1, Article VIII. Texas Constitution If the land ceases to be used for agricultural use or for farm, ranch, wildlife management, or timber production use the platting requirement shall apply. B. The tract is divided into four or fewer parts and each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code; and the owner does not lay out a part of the tract as descnibed in Section 1.02.C. C. All of the lots of the subdivision are more than ten acres; and the owner does not lay out a part of the tract as descn'bed in Section 1.02.C. D. All of the lots are sold to veterans through the Veteran's Land Board program; and the owner does not lay out a part of the tract as described in Section 1.02.C. E. All of the tract of land to be divided belongs to the state or any state agency, board, commission or owned by the permanent school fund or any other dedicated funds of KC Sub Rules & Begs Revision Page 4 the state; and the owner does not lay out a part of the tract as described in Section 1.02.C. F. All of the tract of land to be divided is owned by a political subdivision of the state; the land is situated in a floodplain; and the lots are sold to adjoining landowners. G. A tract is divided into two parts and one new part is retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to plat approval requirements contained herein; and the owner does not lay out a part of the tract as descnbed in Section 1.02.C. H. A tract is divided and all of the parts aze transferred to persons who owned undivided interest in the original tract and a plat is Sled before any further development of any part of the tract; and the owner does not lay out a part of the tract as descnbed in Section 1.02.C. 1.04. A revision of a plat previously approved shall be subject to the same rules and regulations contained herein except as specifically modified for the revision of a plat (see Section 6.04.C.). 1.05. These Subdivision Regulations have been adopted based on the following findwgs: (a) The Commissioners Court of Kerr County has the authority to regulate the subdivision platting process pursuant to Texas Local Government Code, Chapter 232. (b) The Commissioners Court of Kerr County has been designated by the Texas Natural Resource Conservation Commission as the authorized agent for the licensing and regulation of on-site sewage SiciGties within Kerr County and these Regulations are a necessary component of such regulation; (c) The Commissioners Court of Kerr County has the authority and obligation to exercise general control over the roads, highways, bridges and related drainage structures and development within Kerr County; (d) The Commissioners Court of Kerr County has been graded the authority and responsibility under the Federal Emergency Management Act to administer flood plain development regulations within the County and to regulate associated development; (e) Kerr County has been designated by the Texas Water Development Board to be a county within a Priority Groundwater Management Area. The Commissioners Court of Kerr County has been granted the authority pursuant to Chapter 35, Section 35.019, Texas Water Code to require any person seeking plat approval to show: (1) Compliance with Water Availability Requirements adopted by the commissioner's 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. KC Sub Rules & Regs Revision page 5 (f) The Commissioners Court of Kerr County has the authority and obligation to protect the public health, safety and welfare of the citizens of Kerr County. KC Sub Rules & Reg Revision Page 6 Section II DEFINITIONS For the purposes of Ken County Subdivision Rules & Regulations, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section: llefuritions not expressly prescnbed 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 mad. 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 separate 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 marker. 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 vehicular turnaround. 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: Suthx indication an AutoCAD ®document (used by most computers aided drafting softwaze). KC Sub Rules & Regs Revision p~ ~ Easement: A limited use of another's real property. ETJ: Extra Territorial Jurisdiction: Local Government Code § 42.021. Ezteut of Eztraterritorial Jurisdiction The extraterritorial jurisdiction of a municipality: the unincorporated azea that is contiguous to the corporate boundaries of the municipality and that is located: (1) within one-half mile of those boundaries in the case of a municipality with fewer than 5,000 inhabitants; (2) within one mile of those boundazies, in the case of a municipality with 5,000 to 24,999 Lthabitants; (3) within two miles of those boundazies, in the case of a municipality with 25,000 to 49,999 inhabitants; (4) within 3'/: miles of those boundazies, in the case of a municipality with 50,000 to 99,999 inhabitants; or (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants; Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Fee Schedule: Applicable fees from all applicable agencies during the platting process. (See Appendix F) FEMA: Federal Emergency Management Agency HGCD: Headwaters Groundwater Conservation District Lot: An undivided tract or pazcel of land having frontage on a public or private road which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract in a subdivision plat which has been properly filed and recorded. Kerr 911: The Boazd of Managers, authorized employees, agents and representatives of the Kerr Emergency 9-1-1 Network, the Emergency Communications District serving Kerr County. Kerr County Flood Damage Prevention Order: An order adopted by the Kerr County Commissioners' Court based on the Flood Insurance Study for Kerr County, Texas dated January 1979 with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto. This order is the basis for establishing areas of special flood hazard in Kerr County and aids in the administration of the National Flood Insurance developed flood risk data for various areas of the community that will be used to establish 1968 KC Sub Rules & Regs Revision Page 8 Act of and the Flood Disaster Protection Act of 1973 as amended. This study has actuarial flood insurance rates and assist the community in their efforts to promote sound flood plain management. Mhtimum flood plain management requirements for participation in the National Flood Insurance Program are set forth in the Code of Federal Regulations at 44 CFR, 60.3. and Section 16.316 of the State of Texas, Texas Water Code. MUTCD: Texas Manual on Uniform Traffic Control Devices NGVD: National Geodetic Vertical Datum OSSF: On Size Sewage Facility Owner: As used herein is the same as developer. Pavement Width: The portion of a street or road available for vehicular traffic that is between the backs of curbs; otherwise it is the portion between the opposite edges of the pavement. Person: Any individual, association, firm, corporation, governmental agency, or political subdivision Plat: A complete and exact plan for the subdivision of a tract of land into lots for building or other purposes, which, if approved, may be submitted to the County Clerk for recording. Private Road: A privately owned way or place used for vehicular travel, and used by the owner and persons who have the owner's express or implied permission. A private road shall not be maintained by Kerr County. Public Road: A way or place used for vehicular travel that is open to the public and Ken County has not accepted by grant, formal dedication, implied dedication, condemnation or prescription, and may not be maintained by Ken County. Public County Road: A road open to the public that is under the control of Ken County by grant, formal dedication, implied dedication, condemnation or prescription, and is maintained by Ken County. Registered Professional Engineer: An engineer licensed by the State of Texas. Re-plat: See Revision of Plat Revision of Plat: Any change to an approved plat in the lay out of a subdivision including, but not limited to lot size, lot lay out, names, streets, alleys, squares, parks, or other parts. KC Sub Rules & Begs Revision Page 9 Road: Away or place used for vehicular travel which may be aright-of--way or easement, however designated, which provides vehiculaz access to adjacent land. a) An "arterial road" is a road that serves a large azea. It is a more heavily traveled route connecting urban azeas and major traffic generators. Arterials aze often divided into major and minor categories. b) A "collector road" is a principal thoroughfare within subdivision It collects traffic from lower volume roads and channels the traffic into the arterial system c) A "local road" is a low volume road that serves traffic-generating points or terminal points. Tt provides direct access to the land or residence and has relatively light traffic volumes. d) A "country lane" is one used primarily for access to abutting residential property with lots of 10 acres are more. This type of road shall be mandated by the Commissioners Court in those cases where a right of way exists and minimal access is desired Regulations: Kerr County Subdivision Rules & Regulations Right-of--Way (ROW): The area within the outermost boundaries of a street or road including the area for a constructed water course or drainage ditch. Routing Slip: Checklist obtained from County Engineer's Office showing all applicable persons have received plat for review and appropriate fees are paid. Sale: The actual closing where the title to the property is transferred or a contract for deed fiilly executed. Shall, May: The word "shall" is always mandatory. The word "may" is merely directory. Street: See road. Subdivision: A division of a tract of land into two or more parts. Surveyor. A Registered Professional Land Surveyor, as authorized by the State statutes to practice the profession of land surveying. TNRCC: Texas Natural Resources Conservation Commission. UGRA: Upper Guadalupe River Authority USGS: United States Geographical Survey KC Sub Rules & Rcgs Revision Page ]0 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 appazatus 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 1 t Section III APPLICABILITY AND ENFORCEMENT 3.01 No plat shall be filed for record in Ken County unless the standazds contained or refereed to herein have been complied with in full. No lot in any Subdivision shall be sold until the Final Plat is approved and recorded, and all the standazds, specifications or requirements contained or refereed to herein have been complied with in full. 3.02 The County Engineer is hereby authorized and directed to enforce rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of afi components of a subdivision including but not limited to roads, easements, sidewalks, monuments, utilities, criteria for drainage easements requirements, drainage facilities, and crosswalks. The engineer shall recommend to the Court any changes to be made. All such improvements shall be constructed, installed, designed, located, and arranged by the sub-divider in accordance with such Hiles, regulations, standazds, and specifications. 3.03 On behalf of Ken County, the County Attorney shall, when directed by the Court, institute appropriate action in a court of competent jurisdiction to enforce the provisions of these Rules and Regulations or the Standazds referred to herein with respect to any violation thereof which occurs within the County. 3.04 If a subdivision exists for which a Seal plat has not been approved and recorded or in which the standards contained or refereed to herein have not been complied with in fiall, the Court shall pass a resolution reciting the fact of such noncompliance or Failure to secure final plat approval, the County Clerk shall, when duetted by the Court, cause a certified copy of such resolution under the corporate seal of the County to be Sled in the Deed Records of Ken County. If fiill compliance and final plat approval aze secured after the Sling of such resolution, the County Clerk shall forthwith file an in¢tn,mrnt in the Deed Records of such county stating that the resolution ofnon-compliance no longer applies. 3.05 Provided, however, that the provisions contained herein shall not apply to any recorded subdivision, or lot therein, which was approved and recorded or had preliminary plat approval prior to the acceptance of these regulations. All subdivisions approved prior to acceptance date hereof shall be subject to rules and regulations effective at the time of preliminary plat approval. 3.06 The developer shall be responsible for all vests of the improvements required by these Subdivision Rules and Regulations, and all other costs related thereto, including costs related to inspection of construction within the subdivision as set forth herein. 3.07 Penalties or enforcement for non-compliance are set forth in Section 232 of the Local Government Code. KC Sub Rules & Regs Revision Page 12 Section IV VARIANCES The Court may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Court shall prescn'be only conditions that it deems necessary to, or desirable in, the public interest. In making the findings here-in-below required, the Court shall take into account the nature of the proposed use of the land involved, existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public heahh, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Court finds: 4.01 That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Rules & Regulations would deprive the applicant of the reasonable use of his Land; and 4.02 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 4.03 That the granting of a variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4.04 That the granting of a variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Rules & Regulations. Such findings of the Court together with the specific facts upon which such findings are foul shall be incorporated into the official minutes of the Court meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of these Rules & Regulations. Monetary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. KC Sub Rules & Regs Revision Page 13 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 standazds and specifications: 5.01 General: S.O1.A Provision for future subdivisions: If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future roads. 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 cleared 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 of the 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 HiJWCD, 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 Kerr 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.O1.F. Building Setbacks: The minimum allowed building setback from road right of way is twenty (20) feet. S.O1.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, character, extent, width, grade and location of each shall be considered in their relation to existing and planned roads, to topographical conditions, to public safety and convenience, and hi 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 alignment therewith 5.02.C Projection of roads: Where adjoining areas are not subdivided, the arrangement of roads in the subdivision shall make provision for the proper projection of roads into such unsubdivided areas. 5.02.D Road intersections: Road intersections shall be as nearly at right angles as practicable, giving due 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.A Road Names: Proposed roads which are in alignment with existing named roads shall beaz 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 Kerr 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.I.1 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 & Reg Revision Page 15 in a uniform manner throughout the subdivision. Road name signs shall be 7' above the pavement to the bottom of the sign on an approved metal post. (a) Private road name signs shall be green with a 1" red tape across the top of the sign with 4" white reflective letters. (b) County maintained road name signs shall be green with 4" white reflective letters. 5.02.I.2 All traffic signs shall be famished and installed by the developer in accordance with the latest issue of the Texas Manual of Uniform Traffic Control Devices (MUTCD) issued by the Texas Department of Transportation. 5.02.L3 All privately maintained roads shall be signed to inform the public of their status. The sign shall read "Privately Maintained Road," and signs must be placed at each entrance to the subdivision. The sign must be a rectangular shaped, minimum size of 24", white backing with black letters and installed in accordance with the MUTCD. 5.03 Waste Disposal System: Each lot in subdivision must have some legal means of sewage waste treatment and disposal. It is the policy of Kerr County Commissioners Court to encourage subdivision developers to provide community sewage collection and treatment facilities wherever possible and practical to serve the needs of the subdivision. Such action by a developer will serve to eliminate the need for individual property owners to install OSSF on their individual lot(s). 5.03.A. Lots Served By OSSF: All lots to be served by OSSF shall have such OSSF installed in compliance with the Ken• County OSSF Rules and Regulations. 5.03.B. Lots Served By Community Sewage Collection and Treatment Facilities: All Lots to be served by community sewage collection and treatment Facilities shall have such system and facility plan approved by TNRCC and the developer shall provide a letter from TNRCC approving such system and facility plan prior to final plat approval If wastewater collection and treatment services aze to be provided by a utility service provider entity other than a community collection system, that entity shall review the system and facility plan and the developer shall provide a letter from such entity approving such system and facility plan prior to Seal plat approval 5.04 Utility Lines: 5.04.A All utility lines that pass under a road or alley shall be installed before the road or alley is paved. When it is necessary that utility lines pass under an existing road KC Sub Rules & Regs Revision Page 16 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.C Underground utility lines are 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 Fkrod 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 prepared by a registered professional engineer experienced in hydrology analysis, and shall be signed and sealed. 5.06.B Drainage facilities shall be designed to m;nimi~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 poi of flows leaving the new subdivision shall not excced percent of the pre-construction peak runoff rate for the two (2), ten (10) or one-hundred (100) year 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 nuiofl, including watershed area, percentage and velocity of runoff and tip of concentration The storm drainage plan prepared to a scale of 200 feet to one (1) inch and with the same contours and scaled lot sizes as shown on the plat. 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 Page 17 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 prepaze 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 area, percentage, velocity of runoff, and time of concentration. This plan shall be prepazed 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 ba_~ed on ca1_cuLted five_(5) year frequency as established by standazd engineering practices. 5.07. Fire Safety. All subdivisions that have community or public water systems and storage tank facilities within the boundaries of the subdivision are encouraged to install a 2 1/2" NST pipe connection at the storage tank for fire fighting equipment to withdraw water from the storage tank in times ofemergeney. 5.08. Other Regulations. In addition to these rules and regulations all subdivisions are subject to the rules and regulations of the Kerr County OSSF program, 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 preliroinary 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 fulfilling 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 Sling 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 nanies, road names, and addresses shall be approved by Kerr 911 according to their guidelines. KC Sub Rules & Regs Revision Page l9 6.02.C.4 Names of contiguous subdivisions and / or indication of whether or not contiguous properties are platted. School District lines aze to be indicated, or the district within which the subdivision is situated will be stated. 6.02.C.5 An accurate plat of the property, with reference to a patent survey lines and adjoining established subdivisions. Subdivision boundary lines shall be indicated by heavy lines. The approximate acreage of the subdivision shall be shown. 6.02.C.6 The location, dimensions, names and description of all existing or recorded: al Rnar~, streets, alleys, reservations, easements or other rights-of--way within the subdivision, intersecting, or contiguous with its boundaries or forming such boundaries. b) Structures, wells (water, oil or monitor), and septic systems. 6.02.C.7 The location, dimensions description and name of all proposed streets, alleys, parks, other public areas, reservations, easements or other right-of--way, blocks, and lots within the subdivision. 6.02.C.8 Date of prepazation, scale of plat and approaomate true north arrow. 6.02.C.9 Topographical information shall include: (a) Contour lines at twenty-(20) foot for all lots, based on NGVD 1929 datum The County Engineer may require contour lines of five foot intervals based upon the drainage study and proposed residential density. (b) Delineation of all Special Flood Hazard areas as identified by the most current Flood Insurance Rate Maps published by the Federal Emergency Management Agency. 6.02.C.10 The plat will show the location of all utilities lines and utility easements set forth herein. 6.02.C.11 The plat must show all road right-of--ways separate from individual lots, and whether or not such roads aze dedicated to the public, or if they aze to remain private. 6.02.C.12 For subdivisions that lie within, all or part, of the one hundred (100) yeaz flood plain, the plat must show the minimum finished floor elevations of each lot in accordance with the Ken County Flood Damage Prevention Order. KC Sub Rules & Regs Revision Page 20 6.02.C.13 A number or letter to identify each lot or site and each block. Lot lines should be contiguous with right-of--way lines for all roads and streets, where applicable. 6.02.D Accompanying data: 6.02.D.1 Location map at a scale of not more than 4000 feet to an inch which shall show the proposed subdivision, existing adjacent subdivisions, adjoining State and County road and School District lines. 6.02.D.2 A general location map of the subdivision showing the entire watershed (U.S.G.S. Quadrangle is satisfactory). 6.02.D.3 Proposed master plan of all the devekrper's property when the subdivision is a part of a larger tract in accordance with these Rules & Regulations, using scale of not more than 400 feet to an inch. 6.02.E Processing of Prelimirrary Plat: 6.02.E.1 Submit Preliminary Plat and other required data as required by these Rules and Regulations at which time a Routing Slip shall be started by the developer. County Engineer shall check the preliminary plat as to its conformity to these standards and specifications set forth or referred to herein and shall deliver the preliminary plat and data to the Court, with suggestions as to modifications or alterations of such plat and data, if applicable. 6.02.E.2 The Court shall approve or disapprove the preliminary plat or approve the plat with conditions. Conditional approval shall be granted by the Court in writing. A mazked up copy of the Plat shall be returned to the developer. A preliminary plat, which has been reviewed by the Court and aherrd at their direction, will not be considered conditionally approved until the applicant has agreed such changes to, in writing, and such changes made on the plat. 6.02.E.3 Preliminary Plat or conditional approval of a preliminary plat shall be effective for one (1) yeaz unless reviewed by the County Engineer in the light of new or significant information, which would necessitate a revision of the preliminary plat. If the County Engineer should deem changes in a preliminary plat as necessary, he shall so inform the developer in writing. Commissioners Court may permit one extension if the request for extension is received before the expiration date ofone (1) year. 6.02.E.4 Preliminary Plat or conditional approval of the preliminary plat by the Court will indicate their approval for construction, but will not constitute final plat consideration Approved preliminary plats shall be filed at the office of the County Engineer and the County Clerk's Office. KC Sub Rules & Rego Revision Page 21 6.02.E.5 No sale of lots in any subdivision shall begin until the Court has approved the final plat and subdivision plat has been filed with the County Clerk, Kerr County, and Texas. (See definition of Sale page 10) 6.03 Final Plat Approval: Submit Final Plats to the County Engineer twenty-one (21) calendaz days prior to next Commissioners Court meeting, and Routing Slip shall be started by the developer, to be returned to County Engineer fifteen (15) calendaz days before Commissioners Court meeting requested. Developer shall submit one (1) reproducible mylaz. Plats shall be in correct order to be recorded with all required signatures except for the County Engineer, County Judge and County Clerk. Plats shall not be removed from the County Clerk's possession prior to Sling. The mylaz copy shall be filed on record with the County Clerk. 6.03.A General: The developer shall have a Seal plat prepazed, along with the accompanying site improvement data and detailed cost estimates to deterntine value of bond or letter of credit. 6.03.B Fees to County Clerk: Any Snal plat shall be accompanied by a Sling fee as per Fee Schedule.(See Appendix F) No action shall be taken by the Court until the filing fees have been paid. This fee is not refundable should the developer Sul to make formal application for plat approval or should the plat be disapproved. All fees shall be paid by developer. 6.03.C Form and Content of Plat: 6.03.C.1 The Snal plat shall substantially conform to the preliminary plat as approved or conditionally approved by the Court, incorporating any and all changes, modifications, alterations, corrections and conditions required by the Court. 6.03.C.2 The Snal plat shall be on permanent reproducible mylaz, 21 inches vertical and 26 inches horizontal with mazgins of not less than 1/2 inch The plat shall be drawn at a scale of not more than 200 feet to one (1) inch. Where more than one sheet is necessary to accommodate the entire subdivision, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. 6.03.C.3 Ten (lOkopies of the final plat shall be submitted, together with one (1) reproducible mylaz copy of the original, a digital copy in .DWG computer format (labeled with subdivision name); and shall contain all of the features required for preliminary plats as set forth herein and shall also include the following: 6.03.C.3.a Ownership, and written consent of all lien holders. Developer's or Ownet's Certificate of KC Sub Rules & Reis Revision Page 22 6.03.C.3.b Certification by the surveyor responsible for surveying the subdivision area. 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 three 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 determine 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 Kerr County Water Availability Requirements. 6.03.C.3.g Certification by the Administrator of Flood Plain. 6.03.C.3.h Certification by Kea 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: 6.03.D.1 No final plat will be considered unless a preliminary plat has been approved. 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 prelinunary 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 takes 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 Sufficient data to determine readily and reproduce on ±he grour!d rhr ln~.atinr~ hearing and lend h 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 standards 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 angular error in the field survey shall not exceed fifteen seconds whcn multiplied by the square 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 .Ol 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 Kerr 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 fonning such boundary, with accurate dimensions. KC Sub Rules & Reg 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, prepared 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 of these 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 aze 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 & Reg 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 prepared 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 Subuir.Slvn being re.:sed iiiwit be Subn'utted at the tLTa°v of tll.°, ap^yh^.at:Qn. 6.04.C. After the application is Sled with the wminissioner'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 heaz protests to the revision of plat. The notice must be published at least three times during the period that begins on the 30ei 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 wort 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 wort 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 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 Alternate 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 conunissioner'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 drect 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 year, 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 year, 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 To 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 mute, to: a) the nearest 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 wmmissioners court to protest the cancellation of all or pazt 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 & Reg Revision Page 27 the subdivision. The person must bring the action within one year 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 if the commissioner's court determines the cancellation will prevent the proposed interconnection ofinfrastructure 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 Sled and approved before September 1, 1989. 6.06. A The commissioners court musk 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 14a' day before the date of the hearing, deposit with the United States Postal Service a similar 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 heard. At the conclusion of the hearing, 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 Section VII ROAD DESIGN AND CONSTRUCTION 7.01 Permitted Roads. All roads, whether maintained by the County or by a homeowners association, shall be constructed in accordance with these Regulations and shall be classified as one of the three following types of roads (referred to collectively as "Permitted Roads"): (a) Publicly dedicated, paved and to be maintained by Kerr County and construction pursuant to Section 7.06; (b) Private, paved and to be maintained by Homeowners Association or property owners in perpetuity (or until constructed to then-applicable County standards for acceptance of maintenance, and accepted for maintenance by resolution of the Commissioners Court) and constructed pursuant to Section 7.07; or (c) Private, not paved and to be maintained by a Homeowners Association or property owners in perpetuity (or until construction to then-applicable County standards for acceptance of maintenance, and accepted for maintenance by resolution of Commissioners Court) and constructed pursuant to Section 7.08. 7.02 Dedication to Public. Any dedication to the public shall be accomplished either by deed conveying a fee simple interest, by a dedication on the plat conveying a perpetual right of way easement in the property to the County for public use, or by right of way easement. No dedication shall be effective until the Final Plat is recorded. In no event shall any private lot extend into a dedicated roadway. 7.03 Desigu of Public Improvements. All improvements shall be designed and installed so as to provide, to the maximum extent feasible, a logical system of utilities, drainage and roads and to permit continuity of improvements to adjacent properties. 7.04 Access to Permitted Roads. Tracts shall have the minimum direct frontage onto a permitted road set forth below, depending on the classification of road onto which the resuhing tract has frontage. Road Classification Minimum Lot Frontage Country Lane 200' Local Road 200' Collector Road 200' Cul de sac 60' Arterial Road Subject to approval by Commissioners Court Minimum lot frontage distances in subdivisions with high density development where the above miniunum lot frontage distances are not practical will be considered on a case by case basis. KC Sub Rules & Regs Revision Page 29 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 Resutting Tracts fronting onto a publicly dedicated right of way shall be contiguous with the boundary of the right of way. 7.06.1 Suh Grade Preparation (a) Clearing and Grubbing: The entire area of the sub grade shall be cleared 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 specified in the pavement report prepared 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 if 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 Engineer. (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 (a) Embankments: Embankments shall be placed in lifts of not more than eight (8) inches loose depth and each lift shall be thoroughly compacted by sprinkling and rolling before placement of succeeding lifts. Rock embankments shall conform to Texas Department of Transportation (7'xDO7) Standard Specification (1993), Item 132. (b) Unstable Material: Unstable material encountered in either excavated section or beneath embankments shall be removed to a depth of not less than one foot below natural ground or finished sub grade and replaced by satisfactory material. Material so removed shall be removed from the ROW. (c) Erosion Control: For projects involving construction and excavation exceeding 1 acre is subject to permitting by EPA's National Pollution Dischazge Elimination System Storm Water Mulit-Sector General Permit for Industrial Activities. 7.06.3 Roadway Ditches: Ditches intended for pazallel drainage shall be designed to accommodate runoff to be expected at a two-(2) yeaz frequency. On grades of more than three (3%) percent, in friable soils, erosion control by sodding and/or seeding or by properly designed checks of concrete, stone or sod blocks shall be included. 7.06.4 Culverts: Cross drainage culverts shall be designed for ranoffto be expected at a five (5) year frequency; may be with standazd reinforced concrete pipe, corrugated galvanized metal pipes or reinforced concrete boxes; and shall be capable of si ininv "H-20 Highway Loading." No box culvert shall be smaller than two (2) feet in either waterway height or depth. No pipe structure shall have waterway azea of less than 1.76 squaze feet (18 inch diameter). 7.06.5 Side Road or Entrance Culverts: No entrance culvert shall be less than twenty (20~ feet in length with waterway of not less than 1.76 square feet (18 inch diameter) and shall be designed for runoff of two (2) yeaz frequency. Headwalls, if placed, shall be of reinforced concrete or course laid masonry, and shall be no higher than six (6) inches above the base crown elevation. 7.06.6 Bridges: All bridges shall be designed by a Registered Professional Engineer with at least five yeazs experience in bridge design. The load capacity shall be not less than "H-20" as defined. Bridges shall be founded and protected by rip rap to withstand floods of one-hundred (100) yeaz frequency. 7.06.7 OverIlow Sections: The Commissioners Court will consider allowing the installation of overflow sections (low water crossings). Such consideration will adjudge the probable frequency and depth of overflow, the traffic potential and the nature of the tributary area. The following conditions aze considered suitable for the installation of overflow sections: KC Sub Rules & Regs Revision Page 31 (a) Drainage Courses: Drainage courses having no defined channel where channel construction would develop liability for diversion or concentration ofrunoff. (b) Streams: Streams having a defined channel for normal flow and usual nmoffwith a wide flood plain covered by infrequent storms. (c) Stream Crossings: Stream crossings where traffic potential does not economically warrant bridge construction. (d) Construction: Overflow sections shall be of reinforced concrete, not less than five (5) inches in thickness and containing five (5) sacks of Portland cement per cubic yazd of finished concrete; shall extend horizontally between high water elevation calculated for a design storm frequency; and perimeter footing shall extend downwazd to stable foundation. (1) Reinforcement: Reinforcement shall be not less than No. 4 bazs placed twelve (12") inches on centers, both longitudinally and transversely. Laps, if required, shall be not less than twenty (20) inches and shall be staggered in position. Laps shall beforty-(40) times baz diameter. (2) Crown Width: The crown width of overflow sections shall be not less than two (2) feet wider than the approach pavement or surface. 7.06.8 Base or Base Courses: (a) Material: Material for base courses shall be in accordance with Texas Department of Transportation (7kDO7) Standard Specification as specified for each of the following type of roadways. (See Appendix .T) (1) Arterial Road: Type A, Grade 2 (2) Collector Road: Type A, Grade 2 (3) Local Road: Type C, Grade 2 (4) Country Lane: Type C, Grade 2, or Caliche, Grade 3 (b) Construction Methods: Base on all streets and roads shall have a compacted base depth of not less than six (6") inches and shall be constructed in two approximately equal courses. The material shall be dumped, spread, mixed, wind rowed, watered and other operations necessary to produce a uniformly blended mixture of the desired course thickness, moisture condition land gradation. Shaping of the blended mixture to the required grade and line shall follow the mixing procedure and precede the compaction. Compaction of each course of material shall KC Sub Rules & Reg Revision Page 32 be accomplished by suitable equipment to obtain a minimum 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 variances from soil constant requirements stated in the above listed specifications when the minimum compacted depth of course is increased from the minimum stated. (d) Testing Material: Prior to delivery of base material to the road or street, the results of physical tests of the material proposed for use shall be submitted to the County Engineer for approval. These test results shall be certified as conforming to the requirements by an approved commercial laboratory. The certification shall define the area and column represented by the tabulated results. 7.06.9 Prime Coat: After final finishing, curing and correction of any irregularities developed during the curing period have been corrected, the azea 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 area until placement of the surface. Should diversion of traffic not be feasible, the prime coat shall be blanket rolled with a pneumatic roller immediately following application. Prime coat shall be permitted to cure following application and before application of surface courses of pavement. 7.06.10 Surface Treatment: All streets and roads in subdivisions, and providing access thereto, which are provided with a wearing surface shall meet the following standazds: (a) Asphah Surface: (1) Asphalt: 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 Yazd. (2) Aggregates: Aggregates shall be from grading as established by the Texas Department of Transportation Standard Specifications. (3) Grading Rates of Distn'bution KC Sub Rules & Rego Revision Page 33 First Course: Asphalt CRS-2 or CRS-2h emulsion (or AC-10) 0.4 gallon per Sq. Yd. Aggregate Not finer than Glade 3; 1 Cu. Yd. per 90 Sq. Yds. Second Course: Asphalt CRS-2 or CRS-2h emulsion (or AC-10) 0.4 gallon per Sq. Yd. Aggregate Not finer than Grade 4; 1 Cu. Yd. per 100 Sq.Yds. (b) Bituminous Concrete: Should the developer elect, a bituminous concrete pavement maybe placed in lieu of the minimum surface treatment descn'bed provided a seal coat of grade 4 rock and oil is applied first. Such pavement may be either Hot Mix Asphalt Concrete or Limestone Rock Asphah Pavement, either proportioned, mixed and laid as required by the pertinent specifications of the Texas Department of Transportation, and providing that any: "Limestone Rock Asphah Pavement must be placed with an approved spreading and finishing machine and rolling must be delayed for a period sufficient for evaporation of moisture and volatiles." (c) Quality and Spread Rate: Bituminous Concrete Pavement shall be placed in such quantity and spread at such rate as to provide a minimum compacted depth of mat of one and one-half (1'/z) inch. (d) Surface Treatment: Surface treatment and/or bituminous concrete pavement shall be blanket rolled at least once each day during three days following placement. (e) Neither Surface Treatment nor Asphaltic Concrete shall be placed at any time when: 1. The air temperature is below 60 F and falling; 2. The air temperature is below 50 F, and 3. The roadway surface temperature is below 60 F. KC Sub Rules & Regs Revision Page 34 7.Ob. I1 Curbed Streets: Where streets or roads aze proposed to be provided with curbs or curbs and gutters, design and construction details shall be in conformity with the specifications in 7.06.14. (See Appendix K) 7.06.12 Shoulders: Untreated shoulders shall be bladed and dragged for uniformity after placement of the surface and shall be smooth, stable and well compacted for the entire width. The thickness of base shall not vary from the prescribed thickness by more than one-half ('/:) inch at any point tested. 7.06.13 Cattle Guazds: The Commissioners Court will authorize the installation of cattle guards when considered appropriate for public safety. When pernutted, a cattle guazd shall be not less than six (6) feet in width, measured along the center of the road and of a length not less than one (1) foot greater than the width of the pavement or twenty (20) feet, whichever is greater. (a) Deck Members: Deck members shall be either weldable upset carbon steel tubing two and three eighths (2-3/8) inches outside diameter or relayed rat7s weighing not less than seventy (70) pounds per yard. (b) Support Members: Support members shall be structural steel shapes of size and section adequate for H-15 loading with twenty-five (25) percent impact allowance. Support sections shall be spaced not more than thirty- one (31) inches for tubing decks or forty-eight (48) inches for rail decks. Units may be prefabricated or welded in place, provided fastenings to masonry foundation are arranged for ready removal for clean out. Supporting masonry shall extend to firm foundation or shall be designed as an open flume with ends closed except where structure serves as a drainage structure. Pit drainage shall be provided for closed end structures. 7.06.14 Typical Road Sections: The design parameters for the classifications of the roads herein as well as the uhimate design, pursuant to the road definitions contained herein, will be determined by the County Engineer and approved by the Commissioners Court. (a) Minimum Requirements: (1) Arterial Road: An "arterial mad" serves a large area. It is a heavily traveled route connecting urban areas, and major traffic generators. Arterials aze often divided into major and minor categories. (2) Collector Road: A "collector road" is a principal thoroughfare within a subdivision. It collects traffic from local roads and channels the traffic into the arterial system. Minimum ROW---------------°---------------------------- 80' Minimum crown ofroadway------------------------------- 4'. Minimum section of curbed (face to face of curbs)----- 40' KC Sub Rules & Regs Revision Page 35 Minimum compacted depth of base material------------- 8" Minimum ditch depth (below sub grade at shoulder)--- 12" Minimum base material width--------------------------- 28' Minimum pavement width--------------------------------- 24' Maximum allowable grade-------------------------------- 12% Minimum base material Type A, Grade 2 (See APPENDIX J) (3) Local Road: A "local road" is a low volume road that serves traffic- generating points or terminal points. It provides direct access to the lots or residence and has relatively light traffic volumes. Muvmum ROS'J-----___-_-~----a=e______________ 60i Minimum crown ofroadway--------------------------- 4" Minimum section if curbed (face to face of curbs) 30' Minimum compacted depth of base material----- 6" Minimum ditch depth (below sub grade at shoulder) 12" Minimum base material width---------------- 24' Minimum pavement width ---------- 20' Maximum allowable grade------------------- 12% Minimum base material ------_------- Type C, Grade 2 (See APPENDIX .l) (4) Country Lane: A "country lane" is one used primarily for access to abutting residential property lots of 10 acres or more; or instances where the road serves less than 151ots. (aa) Paved Country Lane lvfmimum Cleazed ROW------------------------ 60' Minimumcrown ofroadway----------- 4" Minimum shoulders width-------------- 2' Minirnum compacted depth of base material--- 4" Minimum base material width--------------- 20' Minimum pavement width------------------- 16' Minimum ditch depth---------------------- 12" Maximum allowable grade------------------- 12% Minimum base material -------------------- Type C, Grade 2 or Caliche Grade 3 (See APPENDIX ~ (bb) Unnaved Country Lane is a privately maintained road. It must be signed, "Privately Maintained Road." (See Section 5.02.I.3) KC Sub Rules & Regs Revision Page 36 Minimum Cleazed ROW Minimum crown ofroadway------------------- Minimum shoulders width--------------------- Minimum compacted depth of base material-- Minimum base material width--------------- Minimum pavement width---------------------- ditch depth------------------------- Maximum allowable grade-------------------- Minimum base material ----------------------- 60' 4" 2' 4" 20' N/A Minimum 12" 12% Type C, Grade 2 or Caliche Grade 3 (See APPENDIX .T) (b) Roads in Subdivisions or roads taken into County maintenance program shall be designed in accordance with these regulations. 7.07 Privately Maintained Paved Roads (Collector, Local, or Country Lane). All private roads shall be designed and constructed in accordance with the standards specified in the Kerr County Road Design and Construction Specifications for paved (7.06), publicly dedicated roads. Private roads shall be permitted only within Subdivision satisfying each of the following criteria; (a) The following note shall be conspicuously displayed on the Plat: f thvner], 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 curre~ standazds required by Kerr County and the roads have been accepted for maintenance by formal, written action of the Kerr County Comnvssioners Court and the roadway has been dedicated by the owners thereof, and accepted by the county as a public road. (Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision; and (b) Restrictive covenants establishing a homeowners association, shall be placed on record concurrently with the recording of the Fins( Plat. (c) All private roads shall be signed in accordance with these regulations. (See Section 5.02.I.3) KC Sub Rutes & Regs Revision Page 37 7.08 Privately Maintained Unpaved Roads (Country Lane only). Unpaved roads shall be designed and constructed in accordance with Kerr County Road Design and Construction Specifications except for those pertaining to Surface Treatment (7.06.9 -7.06.12) Unpaved roads shall be permitted within a Subdivision only if each of the following criteria aze satisfied: (a) All Resulting Tracts with frontage or access onto the road shall be 10 acres or lar¢er• (b) Maximum number of eight (8) lots designed for single family residents may have access utilizing a privately maintained unpaved road. (c) The following note shall be conspicuously displayed on the Plat: [Owner], by filing this Plat of Record, and all future owners of property within this Subdivision, by purchasing such property, acknowledge and agree that Kerr County shall have no obligation what so ever to repair or accept maintenance of the roads shown on this subdivision until and unless [Owner] and/or the Homeowners Association has improved the roadways to the_then current standazds required by Ken• County and the roads have been accepted for maintenance by formal written action of the Ken County Conunissioners Court and the roadway has been dedicated by the owners thereof, and accepted by the county, as a public road. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision. (d) Restrictive covenants establishing a homeowners association, created pursuant to an instrument of record concurrently with the rewrding ofthe Record Plat; and (e) Restrictive covenants shall be imposed on all of the Resulting Tracts with frontage or access onto the unpaved road prohibiting any future re-subdivision of any tract into lots smaller than ten (10) acres unless the road is first constructed to the County's standards then in effect for paved roads and accepted for maintenance by the County. (~ All private roads shall be signed in accordance with these regulations. (See Section 5.02.I.3) 7.09 Encroachments into Public Right of Way. No driveway or utility construction, mail boxes, landscaping or any other encroachment into public right of way or easements shall be allowed without first obtaining approval from the Kerr County Engineer's office. 7.10 Acceptance of Road for County Maintenance. The developer or homeowners association shall remain responsible for all maintenance and repair of roads within subdivision KC Sub Rules & Rego Revision Page 38 until the Commissioners Court, by formal action, accepts the obligation to maintain and repair such roads. The Commissioners Court's decision to approve a Final Plat or dedication of the right of way for a road shall not be deemed to constitute acceptance of the roads for maintenance. 7.11 The County shall accept a road for maintenance only when all of the following conditions have been satisfied: (a) The road has been constructed as a Public Road in accordance with these regulations as amended from time to time and the associated right of way has been dedicated to the public pursuant to these Regulations; (b) The developer/homeowners association has submitted a written request to the Kea Courny Engineer. If the Owner is no longer available, i.e. has ceased to transact any business or, in the case of an individual, has died, any person owning property with frontage or access onto the road may submit the written request; (c) The Kea County Engineer has approved all required inspections and tests at the completion of each phase of construction of the road, including plasticity index, sub grade and base, tests for compacted density, depth of base and distnbution of asphalt (it is the responsibility of the developer to coordinate all inspections and Laboratory tests with the Kea County Engineer and not to proceed with construction until proper inspections and tests have been obtained, as required by the Ken County Engineer). Any laboratory tests and test borings shall be at the expense of the developer. In no event will any base be placed on the road until the Kea County Engineer has approved the sub-grade in writing. (d) The Kea County Engineer has inspected the road no earlier than 30 days prior to the Commissioners Court's acceptance of maintenance obligation and has submitted to the Commissioners Court an Inspection Report stating that: (1) the road, in its cuaent condition and with no repairs, upgrades or improvements, is in compliance with the current regulations at preliminary Plat approval; and (2) the Kea County Engineer recommends acceptance of the road by the Conunissioners Court; (e) One (1) year has expired from the date that all roads or any section thereof; drainage (including drainpipes) and other public improvements in the subdivision were first completed and inspected by the Kea County Engineer. The developer/homeowner association has posted with the Kea County a letter of credit or bond in a form approved by Kea County to secure the proper construction and maintenance of the roads prior to County acceptance thereof in an amount KC Sub Rules & Regs Revision Page 39 equal to 10% of the construction costs of the roads for a term of one (1) year following acceptance by the County. 7.12 Filing of Record Plat. This section applies if the Owner desires to file a Record Plat prior to completion of construction of all Permitted Roads and inspection by the Kerr County Engineer. The Owner shall continue to be responsible for all other requirements set forth in Section 7.11. (a) nth the permission of the Commissioners Court, the Owner shall post a good and sufficient surety bond or letter of credit in an amount equal to 100% of the estimated construction cost of the roads. The Commissioners Court must individually approve each application to post such a performance bond and the performance bond shall remain in effect until all *o~_ds and a!1 associated drainage improvements, have been inspected and approved by the Kerr County Engineer, which inspection may occur prior to the inspection called for under (See Section I~ (b) Before release of the performance bond, the Kerr County Engineer shall inspect the roads and the Owner shall remedy all deficiencies prior to release of the security. If the deficiencies are not properly remedied, the County shall draw on the security to make the necessary repairs. The Performance Bond shall provide that the County may draw upon the bond for sufficient funds to establish a maintenance bond if the Owner fails to do so. (c) Before release of the Performance Bond, the Owner shall post a maintenance bond meeting the requirements of Section 9.02 to secure any maintenance or repairs required prior to acceptance of the roads for maintenance by the County. KC Sub Rules & Regs Revision Page 40 Section VIII INSPECTIONS, APPROVAL AND ACCEPTANCE 8.01 Inspections : The County Engineer, as authorized by the Commissioners' Court, or his designated agent, may inspect all property site work at any time and any stage. Developer will provide a written construction schedule for drainage, utility and road construction. Developer will provide written amended schedules if the actual construction varies more than five (5) days from the date set forth in the original construction schedule. Should the developer fail to comply with this provision or begin any drainage, utilities or road construction prior to providing such schedule the developer may be required to perform any testing deemed necessary by the County Engineer at the sole cost and expense of the developer. 8.02 Acceptance: Streets and roads will not receive consideration for final acceptance by the Commissioners Court until at least one (1) year after all paving is complete.(See Section 7.12.C) KC Sub Rutes & Regs Revision Page 41 Section IX GUARANTEE OF PERFORMANCE 9.01 Security Bond: The developer will file an ageement to provide a security bond prior to final plat approval. The plat shall not be recorded unless the developer has filed with the Commissioners Court a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the County, in an amount equal to the cost of the road and drainage improvements required by these Regulations as estimated by the design Engineer and approved by the County, conditioned that the developer will complete such improvements within three years after approval of such plat, such bond to be approved as to form and legality by the County Attorney. In lieu of such bond, developer may execute a trust ageement whereby he shall be required to deposit with an approved institution or escrow agent a sum of money in trust ageement is to be approved by the County Attorney. Developer shall remain obligated on said bond or trust ageement until the County Engineer has certified compliance with these provisions to the County. 9.02 Maintenance Bond: The developer shall also file ageement in writing to provide a maintenance bond for one (1) year prior to final subdivision plat. Subdivider shall furnish the County a bond, executed by a surely company holding a license to do business in the State of Texas, and acceptable to the County, in an amount equal to ten percent (10`0) of the total cost of the streets, curbs, sidewalks, and drainage improvements required to be constructed in said subdivision, as estimated by the design Engineer and approved by the County, conditioned that upon completion thereof, and upon approval of same by the County Engineer, the developer will maintain such streams, drainage improvements, etc., in good condition at his expense for a period of at least one year after date of final approval of tbe completed construction by the County Engineer and until acceptance thereof by the County. The Commissioners Court shall not accept such streets and sewers in behalf of the County for a period of at least one year after such proper completion, as certified by the County Engineer, and not then unless and until the County Engineer again certified that they have been maintained in good condition for said period of one year and are in good condition at such time. The County shall accept such streets and drainage improvements only by written resolution duly passed at a regular or legally called special meeting of the Commissioners Court, and the developer shall remain responsible for the maintenance of such improvements until this is legally accepted by the County. Maintenance of the road is to include such items as drainage by others, spilled concrete on the streets, mud and debris in the streets, unknown springs, etc. Maintenance of the drainage improvements includes removing debris, resodding eroded areas and the installation of additional concrete riprap where designated by the County to permanently prevent erosion 9.03 Security Bond Erteusion: Where good cause exist, the County may extend the period of the time for completion under Paragaph 10.01 of these Regulations for an additional period of time not to excced six (6) months if the developer has not completed the required site improvements or completed such improvements in compliance with these Regulations. No such extension shall be ganted unless the developer to cover the extended period of time first provides additional security of the type provided in Paragaph 9.01. KC Sub Rules & Regs Revision Page 42 Section X MISCELLANEOUS PROVISIONS 10.01 If any incorporated town or city should waive, by variance or whatever, its jurisdiction over any subdivision or part of subdivision which is located within its Extra T'ertitorial 3urisdiction these regulations shall be applicable. 10.02 Severability: In case any one or more of the provisions contained in these Regulations shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Regulations shall be construed as if such invafid, illegal unenforceable provisions had never been contained herein. KC Sub Rules & Refs Revision Page 43 Section XI ENFORCEMENT 11.01 At the request of the comrissioners' court, the county attorney or other prosecuting attorney for the county may file an action in a court of competent jurisdiction to: a) enjoin the violation or threatened violation of a requirement established by, or adopted by the commissioners court under a preceding section of this chapter; or b) recover damages in an amount adequate for the county to undertake any construction or other activity necessary to bring about compliance with a requirement established by, or adopted by the commissioners court under a preceding section of this chapter. 11.02 A person commits an offense if the person knowing or intentionally violates a requirement established by, or adopted by the conutvssioners court under a preceding section of this chapter. An offense under this subsection is a Class B misdemeanor for which a criminal penalty is prescribed by Local Government Code, Sec. 232. KC Sub Rules & Regs Revision Page 44 APPENPIX Kerr Camty 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 Kerr County, Texas, for the use of the public forever all roads, alleys, parks, water courses, drains, easements, in all of the aforesaid public places and all other public places thereon shown for the purpose and consideration therein expressed. Owner ~TATE OF TEXAS X COUNTY OF KERB )( Date BEFORE ME, the undersigned authority, on this daY Pe~~Y aPP~'~ known to me to by the person whose name is subscribed to the foregoing instruments, and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN user my hand and seal of office this day of~200. Notary Public Kerr County, Texas Kerr County Subdivision Rules & Regulations Appcndix 'Page 2 APPENDIX B CERTIFICATION ON PLATS 1) Certifications by Registered Professional Laud 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; The subdivision platted hereon (is) or (is not) within the 100-year flood plain, Flood Zone according to Flood Insurance Rate Map Community Panel No. 480419 ,dated for Ken County, Texas Date Registered Professional Land Surveyor No. 2) Certifications by Administrator of Ou-Site Sewage Facilities Note: This certification is only required if any lot in the subdivision is less than three acres. Two acres = 84,120 sq. ft. 1 well Sanitary control easement is 70,650 sq., therefore three acres would be more realistic. 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. Kea County Subdivision Rules & Regularions Appenduc -Page 3 3) Certifications by Administrator of Headwaters Groundwater Conservation District te: 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 Kerr County Water Availability Requirements. c) I hereby certify that the subdivision platted hereon meets the rules and regulations of the Kerr County Water Availability Requirements regazding 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 No. 480419 dated ,for Ken County Texas. And, I have reviewed and aclmowledged the foregoing statement as applicable to the Ken 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" or "AE," 100-year flood hazard area is indicated on the Flood Insurance Rate Map, Number 480419 ,dated , is as indicated on the plat by the dotted line. Scenario II Minimum finished floor elevation for all affected structures shall be equal to the Base Flood Elevation of the 100- year flood plain as shown hereon: XXX'M.S.L. (Base Flood 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 within the 100-year flood hazad zone. Kerr County Subdivision Rules Bc Regulations Appendix -Page 4 5) Certification by Kerr 911 Director [ hereby certify that the subdivision name platted hereon and road names hereon aze in compliance with Kerr 91 l guidelines according to the Road Naming and Addressing Guidelines of Kerr 911. Date 911 Director 6) Certification by County Engineer I hereby certifies that this subdivision plat conforms to all requvements of the Subdivision Rules & Regulations of Ker County. Date (Type Name) County Emgimeer '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 Br• (Type Name) Cowry Judge - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8) County Clerk's Recording Acknowledgment Approved by the Commissioners Court of Kerr Cowry, 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 Records of Kerr Cowry, Texas. (Type Name) Cowry Clerk of Kerr Cowry, Texas Ker County Subdivision Mules & Regulations Appendix -Pages 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 Count 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 standazds required by Kerr County and the roads have been accepted for maintenance ~ 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 fot 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 until and unless [Owner] and/or the Homeowners Association has improved the roadways to the then current standazds required by Kerr County and the roads have been accepted for maintenance by formal written action of the Kerr County Commissioners Court and the roadwayhas been dedicated by the owners thereof and accented 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. Ken• County Subdivision Rutes & Regulations Appendix -Page 6 11) City Planing Commissions For Plats in City otI{errville Eztra Territorial Jurisdiction I hereby certify that the Subdivision plat shotm hereon has been found to comply with the subdivision regulations for Kerrville, Texas, with the exception ofsuch 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, Nate Chair, City Planning Commission For Plats in City otIegram Eztra Territorial Jurisdiction I hereby certify that the Subdivision plat shown hereon has been found to comply with the subdivision regulations for Ingram, Texas, with the exception of such variations, if any are noted in the minutes of the City Planning Commission and that it has been approved for recording in the office of the County Clerk of Kerr County, Texas. Date 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 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERB x That we, ,the undersigned developer, as Principal, and as Surety, do hereby acknowledge ourselves to beheld 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 will and truly to be made, we hereby bind ourselves and our respecfive heirs, administrators, executors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has petitioned Kerr County for permission to develop a subdivision within the jurisdiction of 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 Kerr County required as a condition precedent to the granting of such petition, that the Principal furnish 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 ifthe 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 shat! be void; otherwise, the obligation made under this bond will remain in full force and effect. IN TESTIMONY WHEREOF, WffNESS OUR HANDS and seal, this, the day of Developer and Principal Surety By: Attorney in Fact APPROVED AND ACCEPTED, this the day of KERR COUNTY By: Title: Kerr County Subdivision Rules & Regulations Appendix -Page 8 APPENDIX D LETTER OF CREDIT NO. _ (Maintenance of Roads, Streets, and Alleyways in ) (Name of Subdivision or Location) A DEPOSIT ON BEHALF OF This is an irrevocable letter of credit issued to the County of Ken, Texas, a[ 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, BeneSciary, shall be entitled to payment without the presentation of documerns. 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, aad sealed with the Issuer, this the day of , 200_. ISSUER: BY: (TypelPrint Name) Signature: Kert County Subdivision Rules & Regdations Appendix -Pege9 AFFIDAVIT °TATE OF TEXAS )( OUNTY OF KERB X Before me, the andersigned authority in and for the Stale 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 daze(s) of ,withdrew the sum(s) of $ from the trust account heretofore deposited with trustee, and created for such use and purpose, and expended said fiords so withdrawn on prescribed site improvemrnts to said subdivision as follows: Site Lnorovemrnts Amount Percentaee of Completion with expenditure of these fiords, it is estimated that the prescribed site improvemems will be completed by Developer SWORN TO AND SUBSCRIBED BEFORE ME this day of ,_ Notary Public in and for Ken• County, Texas Until this affidavit is eocomplished, no further withdrawals shall be made from said trust account. The trustee shall be authorized to release fiuths funds to the developer only after receipt of written notification thereof from the designated County Official so to do. Develops agrees to constrttct all site improvemrnts within throe years horn the date of fieal approval of the plat of said subdivision. Upon the failure of the develops to provide sudt site improvements as herein provided, any remaining balance in sudt trust aceamt shall be paid by tnutce to Ketr County for the sde purpose of completing, repairing, maintaining or otherwise working on the site improvements in such subdivisions. A resolution of the Commissioners Court of Kert Comty declaring that such site improvements have rax been completed as required by applicable subdivision regulations shall be Snal and conclusive on the parties to this agrcemrnt. Payment to the Cotmty shall be made on the ords of the trustee without the necessity of joinds by the develops. A cstifi<•ate that the sum required herein is an deposit in tbe above named bank, trust eempany or qualified escrow agent, subject to withdrawal only as provided herein, signed by an authorized offidal thercol; is az[ached hereto. A Dopy of this contract has been supplied to the bank, tout company, s qualified escrow agent named by the undersigned trustce. Develops Ttvstce APPROVED AND ACCEPTED, this the day of _. KERB COUNTY By: Kert County Subdivision Rules & Regulations Appendix -Page 10 APPENDIX E Maintenance Bond The maintenance bald requved by this regulation above, shall be in the following form: MAINTENANCE BOND STATE OF TEXAS X COUNTY OF KERB X KNOW ALL MEN BY THESE PRESENTS 'That we, ,the undersigned developer, as Principal, and as Surety, do hereby aclmowledge ourselves to be held and firmly bound unto Kerr County of the State of Texas, in the full and just sum of $ ,(being i l)% if the estimated cost of the hereinafter enumerated site improvement) for the payment of which well and truly to be made, we hereby bind ourselves and our respective heirs, administrators, executors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has petitioned the Commissimers Court of Kerr County for permission to develop a subdivision within the jurisdiction of Kerr Cotmty mare particularly described as follows, to-wit: which is shown on a subdivision plat, entitle Subdivisian, heretofore c~ditionally approved by the Commissioners Court of Kerr County on _ day, _, and WHEREAS, ~mda fire provisions of the Subdivision Regulation of Kerr County requires, as a candifian precedent to the granting of suds petition, that the Principal furnish a guarantee that he will maintain and cause to be maintained, aocerding to the requirements of such subdivision control regulation, the following site improvements for a period of one (i) year after the approval of the construction thereof by the county. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall maintain, and cause to be maingined, the above mcetioned improvements in aceordance with the requirements of Kerr Co~mty, if any, for the period of one (1) year efts the approval of the rnnstructi~ thereof by Kea County and until the final approval of said Kerr County thereafter by resolution of the Commissioners Court, then this obligation shall be void; otherwise, the obligations made under this bond will remain in full force and etfeM. B1 TESTIMONY WHEREOF, WITNESS OUR HANDS and seal, this, the _day of Developer and Principal Surety By: Attorney in Fad APPROVED AND ACCEPTED, this the day of KERB COUNTY sy: Title: Kerr County Subdivision Rules & Regulations Appendix -Page 11 APPENDIX F Permitting & Regulatory Fees Headwaters Groundwater Conservation District 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 Floodp4tin Application for Floodplain Determination $ 55.00. Application for Flood Plain Development Permit-Residence $ 200.00 Application for Flood Plain Development Permit-Commercial $ 400.00. Oo-Site Sewage Facilities *Application for Licensed OSSF <500 GPD $ 250.00 Aerobic $ 300.00 *Application for Licensed OSSF >500 GPD $ 500.00 Aerobic $ 600.00 Application for repairing a licensed OSSF $100.00 Application for a transfer of license <500 GPD $ 75.00 Application for a transfer of license >500 GPD $ 150.00 Application for Review of a Proposed Subdivision $ 75.00 + 6.00 per lot Request for an inspection, each additional inspection, or reinspection $ 50.00 each Research Fee $ 10.00/document Copy of County OSSF Order $ 5.00 each Copies of Maps (anticipated with GIS capablities) S 3.00 /page Expedite Fee (<3 day due date) $ 100.00 County Clerk Preliminary Plat or Revision of Preliminary Plat Qecording Fee $ 50.00 Ken• County Subdivision Rules & Regulations Appendix -Page 12 Final 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) $ 50.00 + $10.00 per loUtract $ 5.00 $ 1.00 $ 5.00 50.00 5.00 1.00 5.00 Kerr County Subdivision Rules & Regulations Appendix -Page 13 APPENDIX G 2' 3' TYPICAL ROAD SECTION WITH DITCHES 60 FT. Right-of--Way 6' 3' ~ I 3' 6' 3' 2' Flexible Base (See 7.06.14 for width) Asphalic Surface (See 7.06.14 for width) Two Course Sarfau Tnatmeat or t %s" Hot Mia 3:1 MAX 6" Flexible apse 95% Std. Proctor Density 6" Compacted Subgrade In suburban areas the finished center line grade of the street would be 4" lower than the average elevation of the property line on each side as shown 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 requued for cut or fill sections. 2:1 MAX Utilities 24" Min. Cover 0-4' from Outside R.O.W. Kerr County Subdivision Ades & Regulations Appendix • 15 APPENDIX H Underground Utilities Crossing County Road All utility lines that pass under a road shall be installed before the road is paved. When it is necessary that utility lines pass under an existing road pavement, they shall be bored to a point of at least four (4) feet beyond the edge of the pavement. 2. Should conditions exist making it impossible to bore, the following steps must be followed: a) A permit must be obtained from the Road & Bridge Department showing location, time and date the road is to be cut. b) Signage must be provided in accordance with Texas Manual of Uniform Traffic Control Devices(MiTI'CD); and a flagman shall direct traffic during the construction c) The road will be dug and repaired exactly in accordance with the details shown below. d) The work will be completed in a timely manner, but no longer than five (5) working days. e) After the construction is completed, the Road & Bridge department shall be contacted for the final inspection 3. Failure to follow procedure in Item 2 will result in a suit to collect the County's damages including attorney's fees and court cost, and may result in criminal prosecution 2" Cold M'a Asphalt Patch PAVEMENT REPAIR 12" 2,500 PS[ Concaete Satisfactory Native Materials Campaaed- to 95Ye STO Iksity (AS'IM D-698) Select Grandular Material Placed Tn Maximum 6" lifts and Compacted to 95% STO Desity (AS1'M IK98) uePm dway ver Kerr County Subdivision Rules & Regulations Appendix -Page 15 ROUTING SLII' APPENDIXI Kerr County Application for Final Plat of a Subdivision Office Use Only Date Received by R&B 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: Final Plats are to be submitted to the Kerr County Engineer, for Review Twenty-one (21) days prior to next Commissioner's Court Date.** Signature: (Ken 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 $ Signmture: (County Clerks Office) Date 3. Upper Guadalupe River Authority Fee Amount Paid $ [ ] Septic Permit Signature: (UGRA Office) Date 4. Submit one (1) copy ofFinal 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 & Regulazions Appendix -Page 16 APPENDIX I Office Use Only Date Received by R&B ROUTING SLIP Kerr County Application for Preliminary Plat of a Subdivision [ ] Preliminary Plat [ ] Prelimiuary for Revision of Plat Name of Subdivision: Location of Subdivision: Owner/Developer: Surveyor: Is this part of an existing subdivision? Yes ( ) No If yes, Name: AGENDA DATE REQUESTED: Person(s) appearing before Commissioner's Court: Precinct # Phon (_) -_ Phone) - Volutt~ ~ Page _. 1. .Submit ten (10) copies of Plat and Drainage Study to the Kerr County Engineer, 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 (1) Copy of Preliminary Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. [ ] Preliminary Plat [ ] Preliminary Revision of Plat Amount Paid $ Signature: (County Clerks Offitce) Date 3. Submit one (1) copy of Preliminary Plat to Upper Guadalupe River Authority [ ] Pernrit application and support data for On-site Sewage Facilities [ ] Flood Plain information Fee Amount Paid $ Received by: (UGRA Office) Date (1 of 2) Kers County Subdivision Rules & Regulations Appendix -Page 17 4. Submit one (1) copy of Final Plat of Headwaters Crroundwater 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 Office) 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. 7. 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 (15) days before Commissioner's Court Agenda Date. (2 of 2) Kerr County Sutxlivision Rules & Regulations Appendix -Page 18 APPENDIX J Texas Department of Transportation STANDARD SPECIFICATIONS FOR CONSTRUCTION AND MAINTENANCE OF HIGHWAYS, STREETS, AND BRIDGES 1993 (Later years are done in metric) TEEM 247 FLEXIBLE BASE 247.1. Description. 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 material shall be crushed or uncrushed as necessary to meet the requirentenis 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 Requiremems. (a) General. All types shall meet the physical requirements for the specified grade(s) asset forth in Table 1. Additives, such as, but not limited to, lime, cement or fly ash, shall not be used to alter the soil constants 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 R. 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 gravel 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. (1 of 4) Kerr County Subdivision Rules & Regulations Appendix -Page 19 TABLE I PIIYSICAL REQUIItEMENTS 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 7/8" 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 Wet 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 I-3/4" ....... 0 1-3/4" ......... 0 the Plans 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: 1. 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 aggegate 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 requved 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 shat! 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 materia! produced wilt 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 Tex-103-E Liquid Limit Tex-104-E Plasticity Index Tex-106-E Bar Linear Shrinkage Tex-]OT-E, Part II Sieve Analysis Tex-1 IO-E Moisture-Density Determination Tex-113-E Roadway Density Tex-115-E Wet Ball Mill Tex-116-E Triaxial Tests Tex-117-E (Part I or II as selected by the Engineer) Particle Count Tex-460-A, Part I Samples for testittg the base material for trivial class, soil constants, gradation and wet ball mi([ will be taken prior to the compaction operations. {~ Tolerances. Unless otherwise shown on the plans, the limits establishing reasonably close conformity with the specified gradation 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 are 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) Plasticity 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 liadt by ao more than two (2) percentage points. (6) Material Soames. The flexible base material shall be furnished by the Contractor. When a uncommercial source is utilized, it shall be opened in such manner as to immediately expose the vertical faces of sit 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 atl of the exposed strata. Unless otherwise shown on the plaac, 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. Alter a sufficient stockpile has been constructed 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 Camty 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 result 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 60 FT. gi<t-of--Way 33 ft• Flexible Base"` ` 30 ft. to Face of Curbs * ,l„ Crown ~ I C 27 ft. Asph~tic Surface /3 Hot Mix ~1 ao Course Surface Treatment a' ~ Curb 8c Gutter g' Compacted Subgrade 6"Flexible Base i ~ 95% Std. Proctor (Itilitres Density n the average elevation of 24,> ~. Cover e street would be 4 lower tha 0_4' from ade of dt Outside R•O•W the finished center line g ~a ro osed In suburban areas shown its of analysis of the P P the property lme on each side as h the aunty wrth repo lacing any serial the contractor shall farms Before p an aPPrOV~ labosatory. material made by width may be tequired for cut or fill sections. classifications. Increased right of way Ob.4 or other -~ Dimensions shown ore for Locat Road. See Section 7. ~~~ ~ ge$ulations Kerr CountySuulxliw"~ ,~23 Apps 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: 1) 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 Circle, Chec% 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 Crroundwater Conner. Dist.Yes No Water Provider Telephone Provider Electric Provider School District Number of Acres Number of Lots Mirnimum Lot Size Maximum Lot Size Comments: Kerr County Suldivision Rules & Regulations Appendix -Page 25 Dice Use Only Date Received by R&B Considerations 1) Road Types County Maintained Paved Private Unpaved Private 2) Road Classi5cation Arterial Couector Local Country Lane 3) Drainage Study 4) 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 TT ORDERED and ADOPTED by the Commissioners Court of Kerr County, Texas: 1.01. General: Ken• County has been designated as a county within a Priority Crroundwater 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 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 deed to have satisfied these Water Availability Requirements. Failure to satisfy the Water Availability Requirements shall resuh in the denial of approval of the plat. The requirements set forth herein are 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 azea of each lot to provide enough annual rechazge to equal the average annual per capita usage of water. KC Sub Rules & Regs Revision Page ~ 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 Conmvssion 30 TAC Chapter 290. If the public or community water system will have 16 or more connections, the developer shall present to the Comwissioners 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 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 abe specifications for the proposed system along with any technical data required by the HGCD and Ends 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 Comm;ecioners 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 Hiles 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: (1) Well Testing: KC Sub Rules & 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 conSned 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 are geographically disparate 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 nvnimum test for chloride, conductivity, fluoride, iron, nitrate, pH, sulfate, total hardness, total dissolved solids and colifonn bacteria, and E. coll. 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 pub test resuhs snd 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 resuhs prior to concluding the sale of a~ tract. (~ HGCD shall have the right to charge any developer a fee for evaluating the results of the pump tests and providing the resuhs of that evaluation to the Commissioners Court. 1.06. Eaemptions: Section 1.05 (Individual Water Wells) of these Water Availability Requirements shall not apply to any plat iE (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 (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 tots 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 Sub Rules & Regs Revision Page 5