COMMISSIONERS' COURT WORKSHOP AGENDA MONDAY, OCTOBER 27, 2003 AT 1:30 P.M. COMMISSIONERS' COURTROOM KERR COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN MEETINGS ACT. (TITLE 5, CHAPTER 551, GOVERNMENT CODE AND TITLE 5, CHAPTER 552, GOVERNMENT CODE.) This Commissioners' Court will hold a workshop meeting at 1:30 P.M., Monday, October 27, 2003, in the Kerr County Commissioners' Courtroom • Call to Order • Workshop to review and discuss enforcement of Kerr County Subdivision Rules and Regulations. • Workshop to review and discuss revisions to the Kerr County Subdivision Rules and Regulations. `~..~r~-~.a m 03 ~~ PmPatt, x~t oo. ca~wc ~~D P~.. ~r Kerr County Subdivision Rules & Regulations December 11, 2000 REVISED JUNE 10, 2002 COURT ORDER # 27597 CONTENTS Section I GENERAL PROVISIONS & PURPOSE ........... . Section II DEFINITIONS ............................... . Section III APPLICABII-,ITY & ENFORCEMENT ............. . Section IV VARIANCES ................................. . Section V SUBDIVISION STANDARDS 5.01 General ....................................... 5.02 Roads ....................................... 5.03 Water Disposal System ........ ................... . 5.04 Utility Lines .................................. . 5.05 Concrete Monuments ........................... . 5.06 Drainage ...................................... 5.07 Fire Safety ......................................................... 5.08 Other Regulations .............................. . Section VI PLATTING PROCEDURE 6.01 Concept Plan .......................... . 6.02 Preliminary Plat and Data ........................ . 6.03 Final Plat . ................................... . 6.04 Revision of Plat of Existing Recorded Subdivision .... . b.05 Cancellation of Subdivision ................ . 6.06 Cancellation of Subdivisions if Land Remains Undeveloped Section VII ROAD SPECIFICATIONS 7.01 Permitted Roads ... ............................. 7.02 Dedication to Public ............................. . 7.03 Design of Public Improvements ... ................. . 7.04 Access to Permitted Roads ........................ . 7.05 Commercial Driveways ...... ~ .................... . 7.06 Publicly Dedicated Paved Roads .................... . 7.07 Privately Maintained Paved Roads .................. . 7.08 Privately Maintained Unpaved Roads ................ . 7.09 Encroachments into Public Right of Way .............. . 7.10 Acceptance of Road for County Maintenance .......... . 7.11 Conditions of Acceptance ......................... . 7.12 Filing of Record Plat ............................ . Section VIII INSPECTION, APPROVAL & ACCEPTANCE 8.01 Inspections ................................ .... . 8.02 Acceptance ...................................... KC Sub Rules & Regs Revision, June 10, 2002 Page 2 Page 4 7 12 13 14 15 16 16 17 17 18 18 19 19 22 25 26 27 29 29 29 29 30 30 37 38 39 39 39 40 41 41 Section IX GUARANTEE OF PERFORMANCE 9.01 Security Bond ................................... 9.02 Maintenance Bond .............................. . 9.03 Security Extension ........ ........ ............. . Section X MISCELLANEOUS PROVISIONS 10.01 Waiver of City Jurisdiction ......................... . 10-02 Severability ..................................... . Section XI ENFORCEMENT ........................................... . APPENDIX APPENDIX A Owners Acknowledgment .................................... . APPENDIX B CERTIFICATIONS 1) Certifications by Registered Professional Land Surveyor .......... . 2) Certifications by Administrator of On-Site Sewage Facilities ....... . 3) Certifications by Administrator of Headwaters G.C.D ............ . 4) Certification by Administrator of Flood plain ................... . 5) Certification by Director of Kerr 911 Emergency ................ . 6) CertificationbyCounty .................................... 7) Commissioners Court Approval ............................. . 8) Couirty Clerks Recording Acknowledgment .................... . 9) Privately Maintained Paved Roads ........................... . 10) Private Maintained Unpaved Roads .......................... . 11) City Planning Commissions (Kerrville, Center Point, Ingram) ...... . APPENDIX C Performance Bond ......................................... . APPENDIX D Trust Agreement in Lieu of Performance Bond ......... . . . . . ... . . . . APPENDIX E Maintenance Bond ......................................... . APPENDIX F Fee Schedule .... . . . . ...................................... . APPENDIX G Drawing of Typical Road ............. . . . . . . . .... . . . . .... . . .. APPENDIX H Utility Cut of Across County Road ................................. . APPENDIX I Routing Slips for Platting Subdivisions ....................... . . . APPENDIX J TxDOT Standard Specifications Flexible Base ..................... APPENDIX K Drawing of Typical Curbed Road ............................. . APPENDIX L Concept Checklist ...... . . . . ............................... EXHIBITS Exhibit "A" Kerr County Water Availability Requirements Exhibit "B" Manufactured Home Rental Communities 42 42 42 43 43 44 KC Sub Rules & Regs Revision, June 10, 2002 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 has 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 defined 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 of the tract, including an addition; B. Lots; or C. Streets, including right-of-ways or easemerrst; 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 lay out a part of the tract described 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 management, or timber production use as defined 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 described 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 described 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 & Regs Revision, June 10, 2002 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 described in Section 1.02.C. H. A tract is divided and all of the parts are transferred to persons who owned undivided interest in the original tract and a plat is filed before any further development of any part of the tract; and the owner does not lay out a part of the tract as described 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 findings: (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 Texars Commission for Environmental Quality Natural Resource Conservation Commission as the authorized agent for the licensing and regulation of on-site sewage facilities within Kerr County and these Regulations are a necessary component of such regulation; (c) The Commissioners Court of Ken County has the authority and obligation to exercise general control over the roads, highways, bridges and related drainage structures and development within Kerr County; (d) The Commissioners Court of Kerr County has been granted the authority and responsibility under the Federal Emergency Management Act to administer flood plain development regulations within the County and to regulate associated development; (e) 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, June 10, 2002 Page 5 (fj 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 & Regs Revision, June 10, 2002 Page 6 Section II DEFINITIONS For the purposes of Kerr County Subdivision Rules & Regulations, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section: Definitions not expressly prescribed herein are to be construed in accordance with customary usage in governmental planning and engineering practices. Alley: A minor public right-of--way not intended to provide the primary means of the access to abutting lots, which is used for vehicular service access to the rear or sides of properties otherwise abutting on a road. AASHTO: American Association of State Highway and Transportation Oi~icials. 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: Ken 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: Suffiix indication an AutoCAD ®document (used by most computers aided drafting software}. KC Sub Rules & Regs Revision, June 10, 2002 Page 7 Easement: A limited use of another's real property. ETJ: Extra Territorial Jurisdiction: Local Government Code § 42.021. Extent of Extraterritorial Jurisdiction The extraterritorial jurisdiction of a municipality: the unincorporated area 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 boundaries, in the case of a municipality with 5,000 to 24,999 Inhabitants; (3) within two miles of those boundaries, in the case of a municipality with 25,000 to 49,999 inhabitants; (4) within 3'h miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants; Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 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 parcel 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 Board 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 Ken 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, June 10, 2002 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. Minimum 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-Site 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 Kerr 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 Kerr County by grant, formal dedication, implied dedication, condemnation or prescription, and is maintained by Kerr 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 & Regs Revision, June 10, 2002 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 area. It is a more heavily traveled route connecting urban areas and major traffic generators. Arterials are 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. It 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 a small number of lots and minimal tra,~c volume. of 10 acres are more. This twe 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 azea 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 fully 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. 71CEQ: Texas Commission for Errvironmental Quality UGRA: Upper Guadalupe River Authority KC Sub Rules ~ Regs Revision, June 10, 2002 Page 10 USGS: United States Geographical Survey Utility Easement: An interest in land granted to the Public generally and / or to a private or public utility corporation, for installing, operating, and maintaining utilities across over and under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities. Utility Lines: An apparatus used to convey a utility to the consumer (ie. telephone or electric lines or buried cable, water lines, gas lines, sewer, etc.) KC Sub Rules & Regs Revision, June 10, 2002 Page 11 Section III APPLICABILITY AND ENFORCEMENT 3.01 No plat shall be filed for record in Kerr County unless the standards contained or referred to herein have been complied with in full. No lot in any Subdivision shall be sold until the Final Plat is approved and recorded, and all the standards, specifications or requirements contained or referred to herein have been complied with in full. 3.02 The County Engineer is hereby authorized and directed to enforce rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of all components of a subdivision including but not limited to roads, easements, sidewalks, monuments, 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 rules, regulations, standards, and specifications. 3.03 En~oreement in Uerzeral; Penalty At the request of the Commissioner's Court, the coon, attorne~or other prosecuting attorney ,for the county made an action in a court of competent jurisdiction to: enioin the violation or threatened violation of a requirement established bv, or adopted by the C:ommissioner's Court under the Kerr County Subdivision Rules and Regulations; or recover damages in the amount adec~reate for the county to rnzdertake any construction or other activity necessary to bring about compliance with a reguirenzent established by or adopted by the Commissioner's Court under the Kerr County Subdivision Rules and Regrrlatiorzs. A .person commits arz offence ~ the person knowingly or intentionally violates a reduirement established or adopted by the Commissioner's Court under the Kerr• County Sz~bdivision Rules and Regulations An offense under this subsection is a Class B misdemeanor. This subsection does not apply to a violation for which a criminal penalty is prescribed by section 232.0048 "Conflict of Interest; Penalty. On behalf of Kerr County, the County Attorney shall, when directed by the Court, institute appropriate action in a court of competent jurisdiction to enforce the provisions of these Rules and Regulations or the Standards referred to herein with respect to arty violation thereof which occurs within the County. 3.04 If a subdivision exists for which a final plat has not been approved and recorded or in which the standards contained or referred to herein have not been complied with in full, the Court shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, the County Clerk shall, when directed by the Court, cause a certified copy of such resolution under the corporate seal of the County to be filed in the Deed Records of Kerr County. KC Sub Rules & Regs Revision, June 10, 2002 Page 12 If full compliance and final plat approval are secured after the filing of such resolution, the County Clerk shall forthwith file an instrument in the Deed Records of such county stating that the resolution of non-compliance no longer 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 costs of the improvements required by these Subdivision Rules and Regulations, and all other costs related thereto, including costs related to inspection of construction within the subdivision as set forth herein. 3.07 Penalties or enforcement for non-compliance are set forth in Section 232 of the Local Government Code. KC Sub Rules & Regs Revision, June 10, 2002 Page 13 Section IV VARIANCES The Court may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Court shall prescribe only conditions that it deems necessary to, or desirable in, the public interest. In making the findings here-in-below required, the Court shall take into account the nature of the proposed use of the land involved, existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Court finds: 4.01 That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Rules & Regulations would deprive the applicant of the reasonable use of his land; and 4.02 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 4.03 That the granting of a variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4.04 That the granting of a variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Rules & Regulations. Such findings of the Court together with the specific facts upon which such findings are found shall be incorporated into the official minutes of the Court meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of these Rules & Regulations. Monetary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. KC Sub Rules & Regs Revision, June 10, 2002 Page 14 Section V SUBDIVISION STANDARDS No preliminary or final plat shall be approved by the Commissioners Court and no completed improvements shall be accepted by the Court unless they conform to the following standards and specifications: 5.01 General: S.Ol.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.Ol.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. Water Availability Requirements and this paragraph are not applicable for any subdivision with five (5) lots or less. 5.01.E Lot Size: The minimum lot size is as follows subject to Section 5.O1.D. above; the current Order for Rules of Ken County, Texas for On-site Sewage Facilities, if applicable; TNRCC Rules and Regulations, if applicable; and Rules and Regulations of HGCD, if applicable: 1. Five (5) acres for lots where an individual water well is planned to be the source of potable water. 2. One (1) acre for lots served by community or public water systems and served by OSSF if such OSSF can be installed in compliance with the current Order for Rules of Ken County, Texas for On-site Sewage Facilities. 3. One (1) acre for lots to be served by a community or public water system and a community sewage collection system.. Lesser acreage requirements may be approved by the Commissioner's Court on a case by case basis based on the development plan. S.O1.F. Building Setbacks: The minimum allowed building setback from road right of way is twenty (20) feet. KC Sub Rules & Regs Revision, June 10, 2002 Page 15 S.O1.G. Other developments: Developments such as Planned Unit Developments (PUD), Cluster Developments, Commercial Subdivisions and Condominiums aze not covered under these regulations. Certain provisions contained herein may not be applicable and will be reviewed on an individual basis by the County Engineer and the Commissioners Court. It is noted that Condominiums shall be subject to the Kerr County Subdivision Rules and Regulations and the provisions set forth in the Uniform Condominium Act. S.OI.H. Commercial Developments: Commercial Developments shall be required to follow the Kerr County Subdivision Rules and Regulations set forth herein except as modified under this section. 1. Section S.OI.D. shall not be applicable. 2.Section S.OI.E. there shall be no minimum lot size for commercial developments However, a water utility and a waste water disposal plan must be submitted and approved by a licensed engineer. 3. Driveways and roads will be reviewed on a case by case basis and construction standards will be determined by the county engineer. 5.02 Roads: 5.02.A Road Layout: Adequate roads shall be provided by the developer, and the arrangement, character, extent, width, grade and location of each shall be considered in their relation to existing and planned roads, to topographical conditions, to public safety and convenience, and in their appropriate relationship to the proposed use of land to be served by such roads. The road layout shall be devised for the most advantageous development of the entire neighborhood. 5.02.B Relation to adjoining road system:. Where necessary to the neighborhood pattern, existing roads in adjoining areas shall be continued, and shall be at least as wide as such existing roads and in alignment therewith. 5.02.C Projection of roads: Where adjoining areas are not subdivided, the arrangement of roads in the subdivision shall make provision for the proper projection of roads into such unsubdivided areas. 5.02.D Road intersections: Road intersections shall be as neazly at right angles as practicable, giving due regard 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 are 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 sepazate lot and block designation. KC Sub Rules & Regs Revision, June 10, 2002 Page 16 5.02.G Road construction and design shall meet requirements herein. (See Section VIL) 5.02.H Road Names: Proposed roads which aze in alignment with existing named roads shall bear the names of the existing road. Proposed roads shall comply with the Road Naming and Addressing Guidelines of Kerr 911 and approved by Commissioners Court. Road names must be certified by 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 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.L2 All traffic signs shall be furnished 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.I.3 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). KC Sub Rules & Regs Revision, June 10, 2002 Page 17 5.03.A. Lots Served By OSSF: All lots to be served by OSSF shall have such OSSF installed in compliance with the Kerr 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 are 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 final 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 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 Flood Hazard Area (studied), as represented by the applicable Flood Insurance Rate maps produced by Federal Emergency Management Agency (FEMA). The monument location shall permit reasonable access from all lots. S.Ob Drainage: 5.06.A Drainage facilities shall be provided and constructed in accordance with ~yroved plans approved by the county engineer 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 by the registered professional engineer. The registered professional engineer shall supervise the installation and construction of all drainage facilities and insure that such installation and construction was dome in accordance with the spec cations contained therein. KC Sub Rules & Regs Revision, June 10, 2002 Page 18 5.06.B Drainage facilities shall be designed to minimize any adverse impact to private property or public right of way either within or outside the proposed subdivision. The post-construction runoff rates at the point of flows leaving the new subdivision shall not exceed 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 runoff, including watershed area, percentage and velocity of runoff, and time 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 enters another road or storm sewer or drainage ditch. Drainage easements shall be provided as necessary. 5.06.D The developer for all subdivisions shall prepare a storm drainage plan where the minimum lot size is less than 15 acres. Three copies of this storm drainage plan prepared 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 prepared to a scale of 200 feet to (1 } one inch and with the same contours and scaled lot sizes as shown on the plat. This requirement may be waived by the County Engineer for subdivisions with less than five (S) lots. 5.06.E All drainage structures crossing roads within a subdivision shall be sized based on calculated five-(5) year frequency as established by standard engineering practices. 5.06.F. All drainage structure installation and construction shall be inspected and tested during construction to insure installation and construction is in accordance with the approved plans Inspections and testing shall include verification of materials used, compaction tests, grade calculations and other testing requirements as may be required by the county engineer. A final copy of all testing shall be provided to the county engineer within 30 days of completion of test results The developer shall sign a certification on the plat that all drainage facility installation and construction were done in accordance with the approved drainage plans See Appendix M. KC Sub Rules & Regs Revision, June 10, 2002 Page 19 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 of emergency. 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, June 10, 2002 Page ZO Section VI PLATTING PROCEDURE 6.00. Sale of Lots No sale of lots in arty subdivision shall begin until the Court has approved the frnal plat and subdivision plat has been filed with the County Clerk, Kerr County, Texas. (See definition of Sale page 10) 6.01 Concept Plan: Prior to submission of a preliminary plat, the developer shall consult with and present two (2) concept plans in sketch form to the County Engineer; one concept plan in sketch form to the designated representative for Kerr County OSSF ,pro~am; and an additional concept elan 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. This section is only applicable for proposed subdivisions with more than ten (10) lots. b.02 Preliminary Plat and Data: 6.02.A Fees: AnX preliminary plat shall be accompanied by a film fg ee as listed in Fee Schedule. The Court shall take no action until the filing fees have been paid. This fee is not refundable should the developer fail to make formal application for plat approval or should the plat be disapproved. The fee is paid to the Kerr County Clerk„ and a signed checklist shall be returned to the County Engineer, as outlined herein. (See Fee Schedule in Appendix F.) 6.02.B Copies required: The developer shall submit ten (10) prints of the plat to the County Engineer, and one (1 } to every agency who signs the Plat, twenty-one (21) days prior to the Commissioners Court agenda date requested. A completed Routing Slip (Appendix I.) and all required documentation and approvals must be submitted to the County Engineer a minimum of fourteen (14) days prior to the Commissioners Court date requested. 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.OZ.C.1 Names and addresses of the developer record owner, lien holders and engineer and/or surveyor. KC Sub Rules & Regs Revision, June 1 ~, 2002 Page 21 6.02.C.2 Proposed name of the subdivision shall not have the same spelling as, or be pronounced similar to the name of any other subdivision located wholly or partially in the County. Subdivision names must be checked for duplication by the County Clerk. 6.02.C.3 Street names, road names, and addresses shall be approved by Kerr 911 according to their guidelines. 6.02.C.4 Names of contiguous subdivisions and / or indication of whether or not contiguous properties are platted. School District lines are to be indicated, or the district within which the subdivision is situated will be stated. 6.02.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: a) Roads, 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 preparation, scale of plat and approximate 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. KC Sub Rules & Regs Revision, June 10, 2002 Page 22 6.02.C.11 The plat must show all road right-of--ways separate from individual lots, and whether or not such roads are dedicated to the public, or if they are to remain private. 6.02.C.12 For subdivisions that lie within, all or part, of the one hundred (100) year flood plain, the plat must show the minimum finished floor elevations of each lot in accordance with the Kerr County Flood Damage Prevention Order. 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 developer's property when the subdivision is a part of a larger tract in accordance with these Rules & Regulations, using scale of not more than 400 feet to an inch. 6.02.D.4. Drainage Plan(s), if required by Section 5.06, shall be submitted with accompanying data for Preliminary Plat. 6.02.E Processing of Preliminary 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 marked up copy of the Plat shall be returned to the developer. A preliminary plat, which has been reviewed by the Court and altered at their direction, will not be considered conditionally approved until the applicant has agreed such changes to, in writing, and such changes made on the plat. KC Sub Rules & Regs Revision, June 10, 2002 Page 23 6.02.E.3 Preliminary Plat or conditional approval of a preliminary plat shall be effective for one (1) year unless reviewed by the County Engineer in the light of new or significant information, which would necessitate a revision of the preliminary plat. If the County Engineer should deem changes in a preliminary plat as necessary, he shall so inform the developer in writing. Commissioners Court may permit one extension if the request for extension is received before the expiration date of one (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. 6.03 Final Plat Approval: Submit Final Plats to the County Engineer twenty-one (21) calendar days prior to next Commissioners Court meeting, and Routing Slip shall be started by the developer, to be returned to County Engineer fifteen (15) calendar days before Commissioners Court meeting requested. Developer shall submit one (1) reproducible mylar. 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 filing. The mylar copy shall be filed on record with the County Clerk. 6.03.A General: The developer shall have a final plat prepared, along with the accompanying site improvement data and detailed cost estimates to determine value of bond or letter of credit. 6.03.B Fees to County Clerk: Any final plat shall be accompanied by a filing fee as per Fee Schedule.(See Appendix F) No action shall be taken by the Court until the filing fees have been paid. This fee is not refundable should the developer fail to make formal applicaxion 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 final plat shall substantially conform to the preliminary plat as approved or conditionally approved by the Court, incorporating any and all changes, modifications, alterations, corrections and conditions required by the Court. 6.03.C.2 The final plat shall be on permanent reproducible mylar, 21 inches vertical and 26 inches horizontal with margins of not less than 1/2 inch. The plat shall be drawn at a scale of not more than 200 feet to one (1) inch. Where more than one sheet is necessary to accommodate the entire subdivision, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. 6.03.C.3 Ten (10)copies of the final plat shall be submitted, together with one (1) reproducible mylar copy of the original, a digital copy in .DWG computer KC Sub Rules 1~ Regs Revision, June 10, 2002 Page 24 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 Owner's Certificate of KC Sub Rules & Regs Revision, June 10, 2002 Page 25 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 are required to comply with all current and future OSSF regulations adopted by Kerr County. 6.03.C.3.f Certification by the Administrator of Headwaters 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 Ken 911. 6.03.C.3.i Certification by the Utility Companies verifying easements and utility layout. 6.03.C.3.j Note on Status of Drainage Easements: Property owners may not utilize drainage easements for any purpose detrimental to their intended use. No objects, including but not limited to, buildings, fences, or landscaping, shall be allowed in a drainage easement except as approved by the County Engineer. 6.03.D Processing Final Plat: 6.03.D.1 No final plat will be considered unless a preliminary plat has been approved. KC Sub Rules & Regs Revision, June 10, 2002 Page 26 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 approval of preliminary plat; otherwise, the approval of the Court shall become null and void, unless an extension of time is applied for and granted by the Court. 6.03.D.3 If the final plat is not approved, the Court or its designee shall inform the developer in writing of the reasons at the time such action is taken. 6.03.D.4 After the final plat has been approved and the developer has filed the security and maintenance bond hereinafter provided, the Court shall cause the final plat to be recorded in the Office of the County Clerk. 6.03.D.5 Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every road, boundary line, and the building setback line, whether curved or straight. This shall include accurate dimensions, bearing or deflecting angles and radu, area, 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 when 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 nearest 10 seconds and the lengths to the nearest .O1 of a foot. 6.03.D.7 Location and description of monuments in the subdivision when required by Section 5.05 herein. 6.03.D.8 Number of all Lots and Blocks shalt 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. b.03.D.10 Certification by a Registered Professional Land Surveyor, registered in the State of Texas, to the effect that such plat represents a complete and accurate survey, and meets all Ken County Subdivision Rules & Regulations. 6.03.D.11 The location, dimensions, names and description of all existing or recorded streets, alleys, reservations, easements, or other rights-of--way within the KC Sub Rules & Regs Revision, June 10, 2002 Page 27 subdivision, intersection or contiguous with its boundary or forming such boundary, with accurate dimensions. 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 (iJ. 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 board involved that easements shown are adequate for their purposes. 6.03.F.3 A check, payable to the County Clerk of Ken 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 maybe 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 b.035.B.1 Sections 6.01 and 6.02 shall not be applicable in the Alternate Plat Approval Process. KC Sub Rules & Regs Revision, June 10, 2002 Page 28 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. 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 cony of the Restrictions and Covenants of the Subdivision being revised must be submitted at the time of the application. 6.04.C. After the application is filed with the commissioner's court, the court shall publish a notice of the application in a newspaper of general circulation in the county. The notice must include a statement of the time and place at which the court will meet to consider the application and to hear protests to the revision of plat. The notice must be published at least three times during the period that begins on the 30'~ day and ends on the seventh day before the date of the meeting. If all or part of the subdivided tract has been sold to non-developer owners, the court shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owner's address in the subdivided tract. 6.04.D. During a regular term of the commissioner's court, the court shall adopt an order to permit the revision of the subdivision plat if it is shown to the court that: (1) the revision will not interfere with the established rights of any owner of a part of the subdivided land; or (2) each owner whose rights may be interfered with has agreed to the revision. 6.04.E. If the 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 Ken County Subdivision Rules and Regulations. If the revision to the plat revises less than four tracts the alternate platting process set forth in Section 6.03 5. "Alternate Plat Approval Process for KC Sub Rules ~ Regs Revision, June 10, 2002 Page 29 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. 6.04.H. The person requesting the "Revision of Plat" must submit with the request for "Revision of Plat" the names and addresses of all owners of tracts in the subdivision. KC Sub Rules & Regs Revision, June 10, 2002 Page 30 6.05 Cancellation of Subdivision: A person owning real property in the county that has been subdivided into lots and blocks or into small subdivisions may apply to the commissioners court for permission to cancel all or part of the subdivision, including a dedicated easement or roadway, to reestablish the property as acreage tracts as it existed before the subdivision. If, on the application, it is shown that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision, or it is shown who owns any part of the subdivision, or it is shown that the purchaser agrees to the cancellation, the commissioners court by order shall authorize the owner of the subdivision to file an instrument canceling the subdivision in whole or in part. The court shall enter the order in its minutes. After the cancellation instrument is filed and recorded in the deed records of the county, the county tax assessor-collector shall assess the property as if it had never been subdivided. 6.OS.A The commissioner's court shall publish notice of an application for cancellation. The notice must be published in a newspaper, published in the English language, in the county for at least three weeks before the date on which action is taken on the application. The court shall take action on an application at a regulaz term. The published notice must direct any person who is interested in the property and who wishes to protest the proposed cancellation to appeaz at the time specified in the notice. 6.OS.B If delinquent taxes aze owned on the subdivided tract for any preceding yeaz, and if the application to cancel the subdivision is granted as provided by this section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had not been subdivided. For the purpose of assessing the tract for a preceding year, the county tax assessor-collector shall back assess the tract on an acreage basis. S.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 route, 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 commissioners court to protest the cancellation of all or part of a subdivision may maintain an action for damages against the person applying for the cancellation and may recover as damages an amount not to exceed the amount of the person's original purchase price for property in the canceled subdivision or part of KC Sub Rules & Regs Revision, June 10, 2002 Page 31 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 of infrastructure to pending or existing development. 6.06. Cancellation of Subdivisions if Land Remains Undeveloped: The commissioners court may cancel, after notice and a hearing a subdivision for which the plat was filed and approved before September 1, 1989. 6.06.A The commissioners court must publish notice of a proposal to cancel a subdivision under this section and the time and place of the required hearing in a newspaper of general circulation in the county for at least 21 days immediately before the date of cancellation order is adopted. The county tax assessor-collector shall, not later than the 14~' 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, June 10, 2002 Page 32 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 Design of Public Improvements. All improvements shall be designed and installed so as to provide, to the maximum extent feasible, a logical system of utilities, drainage and roads and to permit continuity of improvements to adjacent properties. 7.04 Access to Permitted Roads. Tracts shall have the minimum duect frontage onto a permitted road set forth below, depending on the classification of road onto which the resulting 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 Nfinimum lot frontage distances may be reviewed by the Commissioner's Court and lesser distances approved based on lot density, topography and other mitigating factors recommended KC Sub Rules & Regs Revision, June 10, 2002 Page 33 by the county engineer. in subdivisions with high density development where the above minimum lot frontage distances are not practical will be considered on a case by case basis. 7.05 Commercial Driveways. Driveways serving commercial development shall be determined on case-by-case basis. See Section S.O1.G. 7.06 Publicly Dedicated Paved Roads to be Maintained by Kerr County. Paved Roads dedicated to the public shall be required in all Subdivisions except those satisfying the criteria for unpaved roads or private roads, as set forth below. All such paved roads shall be designed and constructed in accordance with the specifications set forth in the Kerr County Road Design and Construction Specifications. The boundary lines of all Resulting Tracts fronting onto a publicly dedicated right of way shall be contiguous with the boundary of the right of way. 7.06.1 Sub Grade Preparation (a) Clearing and Grubbing: The entire area of the sub grade shall be cleared and grubbed to a depth of not less than 6" below natural ground in fill areas and one foot below sub grade elevation in excavated areas. Brush and other debris shall be removed from the ROW and disposed of as elected by the developer. (b) Density: Sub grades shall be constructed and finished with a minimum density of 95% of standard proctor for in place materials or as specified in the 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. KC Sub Rules ~ Regs Revision, June 10, 2002 Page 34 7.06.2 Grading: The roadway area, (sub grade, ditches and slopes), shall be constructed in accordance with the typical sections shown in Appendix G and made part hereof and with the following requirements. (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 (TxDOT) Standard Spec cation (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 Discharge Elimination System Storm Water Mulit-Sector General Permit for Industrial Activities. 7.06.3 Roadway Ditches: Ditches intended for parallel drainage shall be designed to accommodate runoff to be expected at a two-(2) year frequency. On grades of more than three (3%) percent, in friable soils, erosion control by sodding and/or seeding or by properly designed checks of concrete, stone or sod blocks shall be included. 7.06.4 Culverts: Cross drainage culverts shall be designed for runoff to be expected at a five (5) year frequency; may be with standard reinforced concrete pipe, corrugated galvanized metal pipes or reinforced concrete boxes; and shall be capable of sustaining "H-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 area of less than 1.76 square feet (18 inch diameter). 7.06.5 Side Road or Entrance Culverts: No entrance culvert shall be less than twenty (20') feet in length with waterway of not less than 1.76 square feet (18 inch diameter) and shall be designed for runoff of two (2) year frequency. Headwalls, if placed, shall be of reinforced concrete or course laid masonry, and shall be no higher than six (6) inches above the base crown elevation. 7.06.6 Bridges: All bridges shall be designed by a Registered Professional Engineer with at least five years experience in bridge design. The load capacity shall be not less than "H-20" as defined. Bridges shall be founded and protected by rip rap to withstand floods of one-hundred (100) year frequency. KC Sub Rules & Regs Revision, June 10, 2002 Page 35 7.06.7 Overflow Sections: The Commissioners Court will consider allowing the installation of overflow sections (low water crossings). Such consideration will adjudge the probable frequency and depth of overflow, the traffic potential and the nature of the tributary area. The following conditions are considered suitable for the installation of overflow sections: (a) Drainage Courses: Drainage courses having no defined channel where channel construction would develop liability for diversion or concentration of runoff. (b) Streams: Streams having a defined channel for normal flow and usual runoffwith 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 yard of finished concrete; shall extend horizontally between high water elevation calculated for a design storm frequency; and perimeter footing shall extend downward to stable foundation. (1) Reinforcement: Reinforcement shall be not less than No. 4 bars placed twelve (12") inches on centers, both longitudinally and transversely. Laps, if required, shall be not less than twenty (20) inches and shall be staggered in position. Laps shall be forty-(40) times bar diameter. (2) Crown Width: The crown width of overflow sections shall be not less than two (2) feet wider than the approach pavement or surface. 7.06.8 Base or Base Courses: (a) Material: Material for base courses shall be in accordance with Texas Department of Transportation (TxDOT) Standard Specification as specified for each of the following type of roadways. (See Appendix ~ (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 KC Sub Rules & Regs Revision, June 10, 2002 Page 36 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 be accomplished by suitable equipment to obtain a minimum density of 95% of AASHTO T180-61 (Standard Proctor). Moisture content shall be maintained near optimum during compaction. Soft spots that develop during compaction will be removed and replaced to the required density. Areas that show evidence of segregation shall be replaced before the compaction of the course is complete. The same procedures shall be used in the construction of each course. (c) Variances: The Commissioners Court may permit minor variances from soil constant requirements stated in the above listed specifications when the minimum compacted depth of course is increased from the minimum stated. (d) Testing Material: Prior to delivery of base material to the road or street, the results of physical tests of the material proposed for use shall be submitted to the County Engineer for approval. These test results shall be certified as conforming to the requirements by an approved commercial laboratory. The certification shall define the area and column represented by the tabulated results. 7.06.9 Prime Coat: After final finishing, curing and correction of any irregularities developed during the curing period have been corrected, the area of the base which is to receive surfacing may be primed with an application of approximately two-tenths (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 standards: (a) Asphalt Surface: (1) Asphalt: A two course asphalt surface treatment composed of asphalt and aggregates of the grades and rates of distribution shown below: asphalt shall be CRS-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 Square Yard. KC Sub Rules & Regs Revision, June 10, 2002 Page 37 (2) Aggregates: Aggregates shall be from grading as established by the Texas Department of Transportation Standard Specifications. (3) Grading Rates of Distribution First Course: Asphalt CRS-2 or CRS-2h emulsion (or AC-10) 0.4 gallon per Sq. Yd. Aggregate Not finer than Grade 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 may be placed in lieu of the minimum surface treatment described provided a seal coat of grade 4 rock and oil is applied first. Such pavement may be either Hot Mix Asphalt Concrete or Limestone Rock Asphalt Pavement, either proportioned, mixed and laid as required by the pertinent specifications of the Texas Department of Transportation, and providing that any: "Limestone Rock Asphalt Pavement must be placed with an approved spreading and finishing machine and rolling must be delayed for a period sufficient for evaporation of moisture and volatiles." (c) Quality and Spread Rate: Bituminous Concrete Pavement shall be placed in such quantity and spread at such rate as to provide a minimum compacted depth of mat of one and one-half (1'/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, June 10, 2002 Page 38 7.06. 11 Curbed Streets: Where streets or roads are 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 ('/2) inch at any point tested. 7.06.13 Cattle Guards: The Commissioners Court will authorize the installation of cattle guards when considered appropriate for public safety. When permitted, a cattle guard shall be not less than six (6) feet in width, measured along the center of the road and of a length not less than one (1) foot greater than the width of the pavement or 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 rails weighing not less than seventy (70) pounds per yard. (b) Support Members: Support members shall be structural steel shapes of size and section adequate for H-15 loading with twenty-five (25) percent impact allowance. Support sections shall be spaced not more than thirty- one (31) inches for tubing decks or forty-eight (48) inches for rail decks. Units may be prefabricated or welded in place, provided fastenings to masonry foundation are arranged for ready removal for clean out. Supporting masonry shall extend to firm foundation or shall be designed as an open flume with ends closed except where structure serves as a drainage structure. Pit drainage shall be provided for closed end structures. 7.Ob.14 Typical Road Sections: The design parameters for the classifications of the roads herein as well as the ultimate 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 road" serves a large area. It is a heavily traveled route connecting urban areas, and major traffic generators. Arterials are 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 of roadway------------------------------- 4" Minimum section of curbed (face to face of curbs)----- 40' KC Sub Rules & Regs Revision, June 10, 2002 Page 39 Minimum compacted depth of base material------------- 8" Minimum ditch depth (below sub Bade 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 n (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. Minimum ROW--------------------------------- 60' Minimum crown of roadway--------------------------- 4" Minimum section if curbed (face to face of curbs) 30' Minimum compacted depth of base material-------- b" 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 n (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 15 lots. (aa) Paved Country Lane Minimum Cleared ROW------------------------ b0' Minimum crown of roadway-------------------- 4" Minimum shoulders width---------------------- 2' Minimum compacted depth of base material--- 4" Minimum base material width--------------- 20' Minimum pavement width---------------------- 16' Minimum ditch depth------------------------- 12" Maximum allowable Bade------------------- 12% Minimum base material -------------------- Type C, Grade 2 or Caliche Grade 3 (See APPENDIX ~ (bb) Unpaved 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, June 10, 2002 Page 40 Minimum Cleared ROW------------------=------ Minimum crown of roadway------------------- Minimum shoulders width---------------------- Minimum compacted depth of base material-- 1Vlinimum base material width--------------- Minimum pavement width---------------------- ditch depth--------------------------- Maximum allowable Bade-------------------- Minimum base material ----------------------- 60' 4" 2' 4" 20' N/A Minimum 12" 12% Type C, Grade 2 or Caliche Grade 3 (See APPENDIX J} (b) Roads in Subdivisions or roads taken into County maintenance progam 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: [Owner], by filing this Plat of Record, and all future owners of property within this Subdivision, by purchasing such property, acknowledge and agee that Kerr County shall have no obligations whatsoever to repair or accept maintenance of the roads shown in this subdivision until and unless [Owner] andlor the Homeowners Association has improved the roadways to the then current standards required by Kerr County and the roads have been accepted for maintenance by formal, written action of the Ken County Commissioners Court and the roadway has been dedicated by the owners thereof, and accepted by the 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 Final Plat. (c) All private roads shall be signed in accordance with these regulations. (See Section 5.02.I.3) KC Sub Rules & Regs Revision, June 10, 2002 Page 41 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 are satisfied: (a) All Resulting Tracts with frontage or access onto the road shall be 10 acres or larger. (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 Ken County shall have no obligation what so ever to repair or accept maintenance of the roads shown on this subdivision until and unless [Owner] and/or the Homeowners Association has improved the roadways to the then current standards required by Kerr County and the roads have been accepted for maintenance by formal written action of the Kerr County Commissioners Court and the roadway has been dedicated by the owners thereof, and accepted by the county, as a public road. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision. (d} Restrictive covenants establishing a homeowners association, created pursuant to an instrument of record concurrently with the recording of the Record Plat; and (e) Restrictive covenants shall be imposed on all of the Resulting Tracts with frontage or access onto the unpaved road prohibiting any future re-subdivision of any tract into lots smaller than ten (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. (f) 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 & Regs Revision, June 10, 2002 Page 42 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 Kerr County Engineer. If the Owner is no longer available, i.e. has ceased to transact any business or, in the case of an individual, has died, any person owning property with frontage or access onto the road may submit the written request; (c) The Ken County Engineer has approved all required inspections and tests at the completion of each phase of construction of the road, including plasticity index, sub grade and base, tests for compacted density, depth of base and distribution of asphalt (it is the responsibility of the developer to coordinate all inspections and laboratory tests with the Kerr County Engineer and not to proceed with construction until proper inspections and tests have been obtained, as required by the Ken County Engineer). Any laboratory tests and test borings shall be at the expense of the developer. In no event will any base be placed on the road until the Kerr County Engineer has approved the sub-grade in writing. (d) The Kerr County Engineer has inspected the road no earlier than 30 days prior to the Commissioners Court's acceptance of maintenance obligation and has submitted to the Commissioners Court an Inspection Report stating that: (1) the road, in its current condition and with no repairs, upgrades or improvements, is in compliance with the current regulations at preliminary plat approval.; and (2) the Kerr County Engineer recommends acceptance of the road by the Commissioners 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 Kerr County Engineer. The developer/homeowner association has posted with the Kerr County a letter of credit or bond in a form approved by Ken County to secure the proper construction and maintenance of the roads prior to County acceptance thereof in an amount KC Sub Rules & Regs Revision, June 10, 2002 Page 43 equal to 14% 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 Ken County Engineer. The Owner shall continue to be responsible for all other requirements set forth in Section 7.11. (a) With the permission of the Commissioners Court, the Owner shall post a good and sufficient surety bond or letter of credit in an amount equal to 100% of the estimated construction cost of the roads. The Commissioners Court must individually approve each application to post such a performance bond and the performance bond shall remain in effect until all roads and all associated drainage improvements, have been inspected and approved by the Kerr County Engineer, which inspection may occur prior to the inspection called for under (See Section IX) (b) Before release of the performance bond, the Kerr County Engineer shall inspect the roads and the Owner shall remedy all deficiencies prior to release of the security. If the 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, June 10, 2002 Page 44 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 three (3) 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. This additional testing may be in addition to arty inspections and testing required under these rules and regulations. 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 Rules & Regs Revision, June 10, 2002 Page 45 Section ~X GUARANTEE OF PERFORMANCE 9.01 Security Bond: The developer will file an agreement to provide a security bond or letter of credit 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, utility and drainage improvemenrts required by these Regulations as estimated by the design Engineer and approved by the County, conditioned that the developer will complete such improvements within three years after approval of such plat, such bond to be approved as to form and legality by the County Attorney. In lieu of such bond, developer may execute a trust agreement whereby he shall be required to deposit with an approved institution or escrow agent a sum of money in trust agreement is to be approved by the County Attorney. Developer shall remain obligated on said bond or trust agreement until the County Engineer has certified compliance with these provisions to the County. 9.02 Maintenance Bond: The developer shall also file agreement in writing to provide a maintenance bond for 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%) of the total cost of the streets, curbs, sidewalks, and drainage improvements required to be constructed in said subdivision, as estimated by the design Engineer and approved by the County, conditioned that upon completion thereof, and upon approval of same by the County Engineer, the developer will maintain such streets, drainage improvements, etc., in good condition at his expense for a period of at least one year after date of final approval of the completed construction by the County Engineer and until acceptance thereof by the County. The Commissioners Court shall not accept such streets and sewers in behalf of the County for a period of at least one year after such proper completion, as certified by the County Engineer, and not then unless and until the County Engineer again certified that they have been maintained in good condition for said period of one year and are in good condition at such time. The County shall accept such streets and drainage improvements only by written resolution duly passed at a regular or legally called special meeting of the Commissioners Court, and the developer shall remain responsible for the maintenance of such improvements until this is legally accepted by the County. Maintenance of the road is to include such items as drainage by others, spilled concrete on the streets, mud and debris in the streets, 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. A Maintenance Bond is only required for roads accepted by Kerr County for maintenance. 9.03 Security Bond Extension: Where good cause exist, the County may extend the period of the time for completion under Paragraph 9.01 10.01 of these Regulations for an additional period of time not to exceed six (6) months if the developer has not completed the required site improvemens or completed such improvements in compliance with these Regulations. No such extension shall be granted to cover the extended period of time unless the developer first provides additional security of the type provided in Paragraph 9.01. KC Sub Rules & Regs Revision, June 10, 2002 Page 46 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 Territorial Jurisdiction these regulations shall be applicable. 10.02 Severability: In case any one or more of the provisions contained in these Regulations shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not ai~ect any other provision hereof, and these Regulations shall be construed as if such invalid, illegal unenforceable provisions had never been contained herein. 1 D. 03 Special Provision for Subdivisions located with ETJ KC Sub Rules & Regs Revision, June 10, 2002 Page 47 io X~. 11.01 At the request of the commissioners' 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 and construction or other activity necessary to bring about compliance with a requirement established bv, 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 commissioners court under a preceding section of this chaQter. An offense under this subsection is a Class B misdemeanor for which a criminal penahy is prescribed bX Local Government Code. Sec. 232. KC Sub Rules & Regs Revision, June 10, 2002 Page 48