1~~~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: November 14, 2005
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Kerr County
Subdivision Rules and Regulations.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECENED BY:
THIS REQUEST RECENED ON:
5:00 P.M. previous Tuesday.
/~l~{as 1.~9

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
111305 draft
Kerr County
Subdivision
Rules & Regulations
December 11, 2000
REVISED
JUNE 1 Q 2002
COURT ORDER # 27597
KC Sub Rules & Regs Revision, June 1Q 2002 Page 1
CONTENTS
Section I	GENERAL PROVISIONS & PURPOSE ........... .
Section II	DEFINITIONS ............................... .
Section III	APPLICABILITY & 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 .... .
6.05	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 ......................................
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Section D~	GUARANTEE OF PERFORMANCE	
9.01	Financial Guarantee ...................................	46
9.02	Maintenance Financial Guarantee ............................	.. 46
9.03	Financial Guarantee Extension ........ ....................	. . 46
Section X	MISCELLANEOUS PROVISIONS	
10.01	Waiver of City Jurisdiction ..........................	47
10.02	Severability ......................................	47
10.03	Subdivisions Located within the ETJ of a Municipality ..............	47
APPENDIX
APPENDIX A Owners Acknowledgment .................................... .
APPENDDC B CERTIFICATIONS
1)	Certifications by Registered Professional Land Surveyor .......... .
2)	Certifications by Administrator of On-Site Sewage Facilities ....... .
3)	Certification by Administrator of Flood plain ................... .
4)	Certification by Director of Ken 91 I Emergency ................ .
5)	Certification by County Subdivision Administrator ................ .
6)	Commissioners Court Approval ............................. .
7)	County Clerks Recording Acknowledgment .................... .
8)	Privately Maintained Paved Roads ........................... .
9)	Private Maintained Unpaved Roads .......................... .
APPENDD{ C Guarantee of Performance ......................................... .
APPENDDt E Maintenance Financial Guarantee .................................. .
APPENDDC F Fee Schedule ...............................................
APPENDD~ G Drawing of Typical Road ....................................
APPENDD~ H Utility Cut of Across County Road ..................................
APPENDDt I Routing Slips for Platting Subdivisions ......................... .
APPENDIX J TxDOT Standazd Specifications Flexible Base .....................
APPENDIX K Drawing of Typical Curbed Road ............................. .
APPENDD~ L Concept Checklist .........................................
EXHIBITS
Exhibit "A" Kerr County Water Availability Requirements
Exhibit "B" Manufactured Home Rental Communities
KC Sub Ruks & Regs Revision, June ]0, 2002 Page 3
Section I
GENERAL PROVISIONS & PURPOSES
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 Kerr County, Texas, and subject to the jurisdiction of the
Commissioners Court of Kerr 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 prepazed 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 easement; alleys, squazes, 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, pazks, or other parts.
A division of a tract includes a division regazdless 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, Article VIII
Texas Constitution, or for farm, ranch, wildlife management, or timber production use
as defined in Section 1-d-1, Article VIII. Texas Consfitution. 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 aze 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 aze sold to veterans through the Veteran's Land Boazd 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, boazd,
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 aze 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 Texas
Commission for Environmental Quality as the authorized agent for the licensing
and regulation of on-site sewage facilities within Kerr County and these
Regulations aze a necessary component of such regulation;
(c) The Commissioners Court of Kerr County has the authority and obligation to
exercise general control over the roads, highways, bridges and related drainage
structures and development within Kerr County;
(d) The Commissioners Court of Kerr County has been granted the authority and
responsibility under the Federal Emergency Management Act to administer flood
plain development regulations within the County and to regulate associated
development;
(e) Kerr County has been designated by the Texas Water Development Boazd to be a
county within a Priority Groundwater Management Area. The Commissioners
Court of Ken 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
Commissioners Court; and
(2) That an adequate supply of water of sufficient quantity and quality is
available to supply the number of lots proposed for the platted area.
(f) The Commissioners Court of Kerr County has the authority and obligation to
protect the public health, safety and welfare of the citizens of Kerr County.
KC Sub Rules & Regs Revision, June 1 Q, 2002 Page 5
Section II
DEFINITIONS
For the purposes of Kerr County Subdivision Rules & Regulations, the following terms,
phrases, words and their derivations shall have the meaning ascribed to them in this section:
Definitions not expressly prescribed herein are to be construed in accordance with
customary usage in governmental planning and engineering practices.
Alley: A minor public right-of--way not intended to provide the primary means of the
access to abutting lots, which is used for vehiculaz service access to the rear or sides of properties
otherwise abutting on a road.
AASHTO: American Association of State Highway and Transportation Officials.
ASTM: American Society for Testing of Materials.
Community Sewage Collection System: An on-site sewage collection, treatment and
disposal system designed to serve two or more sewage generating units on 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 mazker.
County: Kerr County, Texas
County Clerk: Kerr County Clerk
Court: Kerr County Commissioners Court
Cul-de-sac: A road having only one entrance and termination at the opposite end by a
vehiculaz 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: Suffix indication an AutoCAD ®document (used by most computers aided
drafting softwaze).
KC Sub Rules & Regs Revision, June 1Q 2002 Page 6
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 %2 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 pazcel of land having frontage on a public or private road
which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is
designated as a distinct and separate tract in a subdivision plat which has been properly filed and
recorded.
Kerr 911: The Boazd of Managers, authorized employees, agents and representatives of
the Kerr Emergency 9-1-1 Network, the Emergency Communications District serving Kerr
County.
KC Sub Rules & Regs Revision, June 10, 2002 Page 7
Kerr County Flood Damage Prevention Order: An order adopted by the Ken• 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 azeas of
special flood hazard in Kerr County and aids in the administration of the National Flood
Insurance developed flood risk data for various azeas of the community that will be used to
establish ].968 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 aze 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 vehiculaz 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 vehiculaz 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 vehiculaz 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 Kerr 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.
KC Sub Rules & Regs Revision, June 10, 2002 Page 8
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, squazes, pazks, or other
parts.
Road: Away or place used for vehiculaz 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 lazge 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 traffic volume A country lane may serve no
more than ten (10) lots and all lots must be a minimum often (10) acres. This type of road shall
be approved by the Commissioners Court in those cases where a right of way exists and minimal
access is desired
Regulations: Ken County Subdivision Rules & Regulations
Right-of--Way (ROW): The area within the outermost boundaries of a street or mad
including the area for a constructed watercourse or drainage ditch.
Routing Slip: Checklist obtained from County Subdivision Administrator's Office
showing all applicable persons have received plat for review and appropriate fees aze 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 mad.
Subdivision: A division of a tract of land into two or more parts.
KC Sub Rules & Regs Revision, June 1Q, 2002 Page 9
Surveyor: A Registered Professional Land Surveyor, as authorized by the State statutes
to practice the profession of land surveying.
TCEQ: Texas Commission for Environmental Quality
UGRA: Upper Guadalupe River Authority
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, Lune 10, 2002 Page 10
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 standazds, specifications or requirements contained or
referred to herein have been complied with in full.
3.02 The County Subdivision Administtator designee 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 designee shall recommend to the Court any changes to be
made. All such improvements shall be constructed, installed, designed, located, and arranged by
the owner or developer in accordance with such rules, regulations, standards, and specifications.
3.03 Enforcement in General; Penalty
3.03.A At the request of the Commissioners Court, the County Attomey or other
prosecuting attorney for the county may file an action in a court of competent jurisdiction to:
1. Enjoin the violation or threatened violation of a requirement
established by, or adopted by the Commissioners Court under the Kerr County Subdivision Rules
and Regulations; or
2. Recover damages in the amount adequate for the county to
undertake any construction or other activity necessary to bring about compliance with a
requirement established by, or adopted by the Commissioners Court under the Ken County
Subdivision Rules and Regulations.
3.03.B A person commits an offence if the person knowingly or intentionally
violates a requirement established, or adopted by the Commissioners Court under the Kerr
County Subdivision 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".
3.03.C 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
enforce any other enforcement pemutted under State or Federal Law.
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
KC Sub Rules & Regs Revision, June 1Q, 2002 Page I 1
resolution under the corporate seal of the County to be filed in the Deed Records of Ken County.
If full compliance and final plat approval are secured after the filing of such resolution, the
County Clerk shall forthwith file an instrument in the Deed Records of such county stating that
the resolution ofnon-compliance no longer applies.
3.05 Provided, however, that the provisions contained herein shall not apply to any recorded
subdivision, or lot therein, which was approved and recorded or had preliminary plat approval
prior to the acceptance of these regulations. All subdivisions approved prior to acceptance date
hereof shall be subject to rules and regulations effective at the time of preliminary plat approval.
3.06 The developer shall be responsible for all 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 Any subdivision or lot therein that is not recorded shall be subject to these Subdivision
Rules and Regulation and shall be required to bring each subdivision or lot therein into
compliance with the current Ken• County Subdivision Rules and Regulations.
3.08 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 12
Section IV
VARIANCES
The Court may authorize a variance from these regulations when, in its opinion, undue
hazdship 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 fmdings 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
welfaze, 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 azea in accordance with the provisions of the Kerr County
Subdivision Rules & Regulations.
Such findings of the Court together with the specific facts upon which such fmdings aze
found shall be incorporated into the official minutes of the Court meeting at which such variance
is granted. Variances may be granted only when such variance is consistent with the general
purpose and intent of these Kerr County Subdivision Rules & Regulations. Monetary hazdship
to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
KC Sub Rules & Regs Revision, June IQ 2002 Page 13
Section V
SUBDIVISION STANDARDS
No preliminary or final plat shall be approved by the Commissioners Court and no
completed improvements shall be accepted by the Court unless they conform to the following
standazds and specifications:
5.01 GeneraL•
S.O1.A Provision for future subdivisions: Lots and roads shall be located
in a manner to facilitate the connection to possible future roads outside the subject subdivision.
S.O1.B Reserve strips prohibited: There shall be no reserve strips
controlling the only access to land dedicated or intended to be dedicated for public use.
S.O1.C Right of Way: All public right of ways shall be cleared of all
impediments including boulders, stumps, trees, or any other debris. Selective clearing may be
approved by Kerr County. Right of way limits shall be contiguous with lot lines.
S.O1.D. Lot size and acreage requirements: Subdivisions in Kerr County
shall meet minimum lot size requirements and total number of lots permitted based on total
subdivision acreage requirements.
1. These requirements based on the following:
a. Water Availability Requirements as defined under Chapter
35, Section 35.019, Texas Water Code. 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 Commissioners Court; and
(2) That an adequate supply of water of sufficient quantity and
quality is available to supply the number of lots proposed for the platted area.
2. Based on the data and information contained in the following:
Texas Water Development Board State (TWDB), State
Water Plan of Texas;
The Plateau Water Planning Group -Region J,
approved and proposed Regional Water Plan;
TWDB Groundwater Availability Model for the Trinity
Aquifer
TWDB Groundwater Availability Model for the Edwazds
Trinity Aquifer;
KC Sub Rules & Begs Revision, June iQ, 2002 Page 14
Headwaters Groundwater Conservation District, Rules and
Regulations;
Kerr County Commissioners Court deems that Water Availability Requirements shall be
complied with by meeting the lot size and acreage requirements set forth herein. Kerr County
Water Availability Requirements are based on county and regional data that is currently
available. Complying with these requirements does not insure the developer or prospective lot
owner that adequate groundwater is available under any subdivision or lot. Kerr County Water
Availability Requirements do not reflect other requirements that may be placed on water usage
by other entities.
3. The current order for rules of Ken County, Texas for on-site sewage
facilities including compliance with Texas Administrative Code, Chapter 285.
4. TCEQ Rules and Regulations, if applicable;
5. Total Number of Lots Permitted in a Subdivision:
a. The total number of lots permitted in any subdivision that
uses individual water wells as the source of potable water shall not exceed the total acreage in the
subdivision divided by five (5) acres.
b. The total number of lots permitted in any subdivision that
uses a community water system as the source of potable water shall not exceed the total acreage
in the subdivision divided by three (3) acres unless the subdivision is located within a designated
High Density Area by the Commissioners Court, see paragraph 5.01. E.
o. The total number of lots permitted in any subdivision that
uses a community water system as the source of potable water and the majority of the acreage in
the subdivision is located within an area designated as a High Density Development Area, see
paragraph S.O1.E., shall not exceed the total acreage in the subdivision divided by two (2).
6. The Minimum Lot Size Requirements.
a. Five (5) acres for lots where an individual water
well is planned to be the source of potable water and an on-site sewage
facility is located.
b. 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 Kerr County, Texas for
On-site Sewage Facilities.
c. 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 Commissioners Court on a
case-by-case basis based on the development plan.
d. One-half (1/2) acre for lots to be served by a
community or public water system and a community sewage collection
system and the subdivision is located in a designated High Density
KC Sub Rules & Regs Revision, June ]0, 2002 Page IS
Development Area. Lesser acreage requirements may be approved by the
Commissioners Court on a case-by-case basis based on the development
plan.
5.01. E. High Density Development Areas: To be classified as a High
Density Development Area the subdivision shall have a community or public water system and a
community sewage collection system. Kerr County has designated areas of Kerr County as set
forth below as High Density Development Areas.
1. The City of Kerrville ETJ.
2. The City of Ingram ETJ.
3. Center Point Area - defined as an azea within a one (1) mile
radius of the intersection of State Highway 27 and FM 480.
4. Comfort Area - defined as an area within a one (1) mile radius
of the intersection of State Highway 27 and Broadway Street. Note this intersection is within
Kendall County.
A water utility and a wastewater disposal plan must be submitted and approved by a licensed
engineer. Such plan shall include an analysis of groundwater availability and quality and shall
meet all TCEQ Rules and Regulations, if applicable; and Rules and Regulations of HGCD, if
applicable:
S.O1.F. Building Setbacks: The minimum allowed building setback from
road right of way is twenty (20) feet.
S.O1.G. Other developments: Developments such as Planned Unit
Developments (PUD), Cluster Developments, and Condominiums aze subject to these
regulations. Certain provisions contained herein may not be applicable and will be reviewed on
an individual or case-by-case basis by Kerr County 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.O1.H. Commercial Development Subdivision: Commercial development
subdivisions shall be subject to the Kerr County Subdivision Rules and Regulations. Certain
provisions contained herein may not be applicable and will be reviewed on an individual or case-
by-case basis by Kerr County Commissioners Court. Section S.O1.D. and Secfion 5.01.E may not
be applicable for commercial development subdivisions. A water utility and a waste water
disposal plan must be submitted and approved by a engineer licensed in the State of Texas
knowledgeable in water utility and waste water utility design.
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
KC Sub Rules & Regs Revision, June 1Q, 2002 Page 16
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 surrounding area.
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 azeas.
5.02.D Road intersections: Road intersections shall be as nearly at right
angles as practicable, giving due regazd to terrain and topography.
5.02.E Cul-de-sacs: Cul-de-sacs right of way shall have a radius of not
less than fifty (50) feet with a surface of forty (40) feet.
5.02.F Lot and block numbers 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 separate lot and block designation.
5.02.G Road construction and design shall meet requirements herein. (See
Section VII.)
5.02.H Road Names: Proposed roads which are in alignment with existing
named roads shall bear the names of the existing road. Proposed roads shall comply with the
Road Naming and Addressing Guidelines of Ken 911 and approved by Cormnissioners Court.
Road names must be certified by Ken 911 before final plat approval. The Court shall have final
determination of road names.
5.02.I Signs: The developer shall present a sign placement plan and have
it approved by the County 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 seven feet (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.
KC Sub Rules & Regs Revision, June 10, 2002 Page 17
(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.L3 All privately maintained roads shall be signed to inform the public
of their status. The sign shall read "Privately Maintained Road," and signs must be placed at
each entrance to the subdivision. The sign must be a rectangulaz shaped, minimum size of 24",
white backing with black letters and installed in accordance with the MUTCD.
5.03 Waste Disposal System:
Each lot in subdivision must have some legal means of sewage waste treatment and
disposal. It is the policy of Kerr County Commissioners Court to encourage subdivision
developers to provide community sewage collection and treatment facilities wherever possible
and practical to serve the needs of the subdivision. Such action by a developer will serve to
eliminate the need for individual property owners to install OSSF on their individual lot(s).
5.03.A. Lots Served By OSSF: All lots to be served by OSSF shall
have such OSSF installed in compliance with the Ken• County OSSF Rules and Regulations.
l.Owners or developers proposing residential subdivisions, manufactured
housing communities, muti-unit residential developments, business parks, or other similaz uses
and using OSSFs for sewage disposal shall submit planning materials for these developments to
the Ken County Environmental Health Department. The planning materials shall be prepared by
a professional engineer or professional sanitarian and shall include an overall site plan,
topographic map, 100-yeaz floodplain map, soil survey, location of water wells, locations of
easementsas identified in Section 285.91(10) (relating to tables), Texas Administrative Code,
and a complete report detailing the types of OSSFs to be considered and their compatibility with
area wide drainage and groundwater. A comprehensive drainage plan shall also be included in
these planning materials. The Kerr County Environmental Health Department will either approve
or deny the planning materials, in writing, within 45 days of receipt.
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 TCEQ and the developer shall provide a
letter from TCEQ approving such system and facility plan prior to final plat approval. If
wastewater collection and treatment services aze to be provided by a ufility service provider
entity other than a community collection system, that entity shall review the system and facility
KC Sub Rules & Regs Revision, June 1Q, 2002 Page 18
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 approved by the
county.
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.
5.06 Drainage:
5.06.A All drainage plans, drainage calculations, drainage structures
designs, drainage facilities designs and all other requirements of this section shall be prepared by
a registered professional engineer experienced in hydrology analysis, and shall be signed and
sealed by the registered professional engineer licensed in the State of Texas. The registered
professional engineer shall review the installation and construction of all drainage facilities and
insure that such installation and construction was done in substantial accordance with the
specifications contained therein.
The registered professional engineer or the developer shall certify on the final plat that all
drainage requirements specified by the registered professional engineer were constructed
substantially in accordance with all design criteria submitted and are in compliance with Kerr
County Subdivision Rules and Regulations. (See Appendix M)
5.06.B Subdivision design, layout and construction shall be done to
minimize any adverse impact to private property, public property, alt easements, and all public or
KC Sub Rules & Regs Revision, June 1Q 2002 Page 19
private right-of--way either within or outside the proposed subdivision. Provisions must be made
to assure that no adverse impact is made to existing drainage systems within public right of ways.
5.06.C (1) Subdivision drainage calculations for subdivisions with
minimum lot size of five (5) acres or greater.
The calculated post-construction runoff rates at the point of flows leaving the subdivision for
each drainage basin shall be calculated based on the area of the pre-development drainage basin
plus any added or subtracted area due to subdivision construction or layout. All runoff rate flow
calculations shall be done in feet per second (cfps). The runoff rate shall be calculated for the five
(5), ten (10) and one hundred (100) yeaz storm frequency, respectively.
(a) If the pre-development drainage basin azea is five
(5) acres or less, the calculated post-construction runoff rates at the point of flow leaving the
subdivision shall not exceed a twenty percent (20%) increase in the maximum flow for the
drainage basin for each calculated storm frequency.
(b) If the pre-development drainage basin area is greater
than five (5) acres and less than twenty-five (25) acres, the calculated post-construction runoff
rates at the point of flow leaving the subdivision shall not exceed a ten percent (10%) increase in
the maximum flow for the drainage basin for each calculated storm frequency.
(c) If the pre-development drainage basin area is
twenty-five (25) acres or greater, the calculated post-construction runoff rates at the point of flow
leaving the subdivision shall not exceed the pre-construction runoff rate for the post-construction
drainage basin for each calculated storm frequency.
(d) Drainage channels, storm sewers, retention
structures or other devices shall be constructed to maintain the flow rates set forth in (1), (2) or
(3) above. Vegetative improvements may be considered in calculating the runoff rates within a
drainage basin
(2) Subdivision drainage calculations for subdivisions with
minimum lot size of less than five (5) acres.
The calculated post-construction runoff rates at the point of flows leaving the subdivision for
each drainage basin shall be calculated based on the area of the pre-development drainage basin
plus any added or subtracted azea due to subdivision construction or layout. All runoff rate flow
calculations shall be done in feet per second (cfps). The runoff rate shall be calculated for the five
(5), ten (10) and one hundred (100) year storm frequency, respectively.
(a) If the pre-development drainage basin area is five (5) acres
or less, the calculated post-construction runoff rates at the point of flow leaving the subdivision
KC Sub Rules & Regs Revision, June 10, 2002 Page 20
shall not exceed a ten percent (10%) increase in the maximum flow for the drainage basin for
each calculated storm frequency.
(b) If the pre-development drainage basin area is greater than
five (5) acres and less than twenty-five (25) acres, the calculated post-construction runoff rates at
the point of flow leaving the subdivision shall not exceed a five percent (5%) increase in the
maximum flow for the drainage basin for each calculated storm frequency.
(c) If the pre-development drainage basin area is twenty-five
(25) acres or greater, the calculated post-construction runoff rates at the point of flow leaving the
subdivision shall not exceed the pre-conshvction runoff rate for the post-construction drainage
basin for each calculated storm frequency.
(d) Drainage channels, storm sewers, retention structures or
other devices shall be constructed to maintain the flow rates set forth in (1), (2) or (3) above.
Vegetative improvements may be considered in calculating the runoff rates within a drainage
basin
5.06.D The storm drainage plan shall include a prepazed plat to a scale of
two hundred feet to one inch (200:1) and with the same contours and scaled lot sizes as shown on
the plat. The plan shall indicate both the pre development and post development acreage azeas
and run off rates for the required frequencies for each drainage basin in the subdivision. The
storm drainage plan shall include all lots, roads and easements.
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; at all points the road changes grade of more
than three (3) percent; at all points the road changes direction of less than 120 degrees and where
the water enters another road or storm sewer or drainage ditch.
Three (3) copies of the plat, the plan and all backup material and calculations shall be submitted
to the county.
5.06.E When a drainage channel, storm sewers, retention structure or
other device 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.
5.06.F No pipe less than 18 inches in diameter or comparable flow azea
shall be used, including driveway crossings.
5.06.G Drainage easements shall be provided as necessary.
KC Sub Rules & Regs Revision, June 10, 2002 Page 21
5.06.H All drainage structures crossing roads within a subdivision shall be
sized based on calculated five (5) yeaz frequency as established by standazd engineering
practices.
5.06.I 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 and design. Inspections and testing shall include verification of
materials used, compaction tests, grade calculations and other testing requirements as may be
required to verify construction. A copy of all testing shall be provided to the county within 30
days of completion of testing. All test results must be submitted prior to final plat approval or
shall be covered by letter of credit or performance bond.
5.06.J Subdivisions with a minimum lot size of twenty (20) acres or a
total number of lots of less than five (5) shall be exempt from this sections 5.06 C., 5.06.D., 5.06.
E.
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 22
Section VI
PLATTING PROCEDURE
6.00 Sale of Lots: No sale of lots in any subdivision shall begin until the Court has approved
the final plat and subdivision plat has been filed with the County Clerk, Ken• County, Texas. (See
definition of "Sale" page 10)
6.01 Concept Plan: Prior to submission of a preliminary plat, the developer shall consult with
the County Subdivision Administrator and present two (2) copies of the concept plan in sketch
form. The County Subdivision Administrator 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 County Subdivision Administrator or the Commissioner of the
precinct in which the proposed subdivision is located may place the concept plan on the
Commissioners Court agenda to receive additional input from the Commissioners Court.
This section is only applicable for proposed subdivisions with more than ten (10) lots or at the
request of the developer.
6.02 Preliminary Plat and Data:
6.02.A Plat Application Fees: Any preliminary plat shall be accompanied
by a filing fee as listed in Fee Schedule. The Court shall take no action until the filing fees have
been paid. This fee is not refundable should the developer fail to make formal application for plat
approval or should the plat be disapproved. This fee is intended to cover the cost of the county's
review of the subdivision plat and inspecfion of road and drainage improvements. The fee is
paid to the Ken County Clerk, and a signed checklist shall be returned to the County Subdivision
Administrator, 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 Subdivision Administrator, 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 L) and all required documentation and approvals must be submitted to the
County Subdivision Administrator 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 betwenty-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:
KC Sub Rules & Regs Revision, June 1 Q 2002 Page 23
6.02.C.1 Names and addresses of the developer record owner, lien holders
and engineer and/or surveyor.
6.02.C.2 Proposed name of the subdivision shall not have the same spelling
as, or be pronounced similaz to the name of any other subdivision located wholly or partially in
the County. Subdivision names must be checked for duplication by the County Clerk.
6.02.C.3 Street names, road names, and addresses shall be approved by Ken
911 according to Kerr County guidelines and the inter-local agreement Kerr County has with
Kerr 911 regazding same.
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.
recorded:
6.02.C.6 The location, dimensions, names and description of all existing or
(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 azeas, 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 Subdivision Administrator may require contour links of
five foot intervals based upon the drainage study and proposed residential density.
(b) Delineation of all Special Flood Lazard azeas as identified by
the most current Flood Insurance Rate Maps published by the Federal Emergency
Management Agency.
KC Sub Rules & Regs Revision, lone 1 Q, 2002 Page 24
6.02.C.10 The plat will show the location of all utilities lines and utility
easements set forth herein.
6.02.C.11 The plat must show all road right-of--ways separate from individual
lots, and whether or not such roads 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) yeaz 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 Rule and Regulations at which time a Routing Slip shall be started by the developer.
County Subdivision Administrator 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 Cour[ in writing.
A mazked up copy of the Plat shall be returned to the developer. A preliminary plat, which has
been reviewed by the Court and altered at their direction, will not be considered conditionally
KC Sub Rules & Regs Revision, June 1Q, 2002 Page 25
approved until the applicant has agreed such changes to, in writing, and such changes made on
the plat.
6.02.E.3 Preliminary Plat or conditional approval of a preliminary plat shall
be effective for one (1) yeaz unless reviewed by the County Subdivision Administrator in the
light of new or significant information, which would necessitate a revision of the preliminary
plat. If the County Subdivision Administrator 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) yeaz.
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 Subdivision
Administrator.
6.03 Final Plat Approval: Submit Final Plats to the County Subdivision Administrator
twenty-one (21) calendaz days prior to next Commissioners Court meeting, and Routing Slip
shall be started by the developer, to be returned to County Subdivision Administrator fifteen (15)
calendaz days before Commissioners Court meeting requested. Developer shall submit one (1)
reproducible mylaz. Plats shall be in correct order to be recorded with all required signatures
except for the County Subdivision Administrator, County Judge and County Clerk. Plats shall
not be removed from the County Clerk's possession prior to filing. The mylaz copy shall be filed
on record with the County Clerk.
6.03.A General: The developer shall have a final plat prepazed, 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
application for plat approval or should the plat be disapproved. All fees shall be paid by
developer.
6.03.C Form and Content of Plat:
6.03.C.1 The final plat shall substantially conform to the preliminary plat as
approved or conditionally approved by the Courtt, 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 mylaz, 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
KC Sub Rules & Regs Revision, June 1 Q 2002 Page 26
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 mylaz copy of the original, a digital copy in .DWG computer format (labeled
with subdivision name); and shall contain all of the features required for preliminary plats as set
forth herein and shall also include the following:
6.03.C.3.a Developer's or Owner's Certificate of Ownership, and written consent
o£all lien holders. This certification shall state that all roads, drainage structures and other items
constructed pursuant to the Kerr County Subdivision Rules and Regulations have been built to
the standazds set forth set forth in such rules and regulations and in accordance with any
engineered data submitted pursuant to such rules and regulations.
area.
topography .
6.03.C.3.b Certification by the surveyor responsible for surveying the subdivision
6.03.C.3.c Certification by a registered professional engineer for accuracy of
6.03.C.3.d Certification by the County Subdivision Administrator.
6.03.C.3.e Certification by the Administrator of On-Site Sewage Facilities.
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.g Certification by the Administrator of Flood Plain.
6.03.C.3.h Certification by Ken 911.
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 Subdivision Administrator.
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 1Q, 2002 Page 27
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 radii, area, and central angle, degree of curvature, tangent distance and length of all curves
where appropriate.
6.03.D.6 The minirnum 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 .01 of a foot.
6.03.D.7 Location and description of monuments in the subdivision when
required by Section 5.05 herein.
6.03.D.8 Number of all Lots and Blocks shall be shown on the plat.
6.03.D.9 A certification of dedication of all roads and easements, and other
land intended for public use, signed by the owner or owners of the property.
6.03.D.10 Certification by a Registered Professional Land Surveyor,
registered in the State of Texas, to the effect that such plat represents a complete and accurate
survey, and meets all Ken• County Subdivision Rules 8c Regulations.
6.03.D.11 The location, dimensions, names and description of all existing or
recorded streets, alleys, reservations, easements, or other rights-of--way within the subdivision,
intersection or contiguous with its boundary or forming such boundary, with accurate
dimensions.
KC Sub Rules & Regs Revision, June IQ 2002 Page 28
6.03.E Accompanying Data:
6.03.E.1 When submitted, the final plat shall be accompanied by the following
site improvement data, prepared by a Registered Professional Engineer.
6.03.E.1.a Roads: Three copies of, drawings, construction details, and test
reports on all materials used and verification of installed materials, on all roads.
6.03.E.1.b A general location map of the subdivision showing the entire
watershed (U.S.G.S. Quadrangle is satisfactory).
regulations.
6.03.E.1.c Drainage plan shall be submitted if required by Section 5.06 of these
6.03.F When filed, the final plat shall also be accompanied by:
6.03.F.1 Tax Certifications from the school district, County and other Tax
Districts, which indicate that all ad valorem taxes have been paid on all land, included within the
subdivision as shown on the final plat.
6.03.F.2 Signatures of Certification by the proper authorized official of each
public utility company or boazd involved that easements shown are adequate for their purposes.
6.03.F.3 A check, payable to the County Clerk of Kerr County in the amount
required for recording the final plat in the office of the County Clerk.
6.03.F.4 A certification of authorization to file from any city in whose Extra
Territorial Jurisdiction the subdivision may be located.
6.035 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 Altemate Plat Approval Process
6.035.B.1 Sections 6.01, "Concept Plans" and 6.02, "Preliminary Plat and
Data", shall not be applicable in the Alternate Plat Approval Process.
6.035.B.2 Section 6.03, "Final Plat Approval", shall be required in the
Alternate Plat Approval Process with the exception that Secfion 6.03.D.1 and 6.03.D.2. shall not
apply.
KC Sub Rules & Regs Revision, June I Q, 2002 Page 29
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 Commissioners 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 Subdivision Administrator twenty-one (21) days prior to the requested Court Date along
with all of the names and addresses of the property owners in the subdivision.
6.04.B. A recorded copy of the Restrictions and Covenants of the
Subdivision being revised must be submitted at the time of the application.
6.04.C. After the application is filed with the Commissioners Courtl, the
court shall publish a notice of the application in a newspaper of general circulation in the county.
The notice must include a statement of the time and place at which the court will meet to
consider the application and to heaz protests to the revision of plat. The notice must be published
at least three times during the period that begins on the 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 regulaz term of the Commissioners 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 Commissioners Court permits a person to revise a
subdivision plat, the person may make the revision by filing for record with the County
Clerk a revised plat or part of plat that indicates the changes made to the original plat.
6.04.F. The Commissioners Court is not required to give notice by mail if
the plat revision only combines existing tracts.
6.04.G.The revised plat shall be subject to all of the provisions of Kerr County
Subdivision Rules and Regulations. If the revision to the plat revises less than four tracts the
alternate platting process set forth in Section 6.035. "Alternate Plat Approval Process for
Subdivisions with Less Than Four (4) Lots," may apply. However, the Alternate Plat Approval
Process does not change the notice requirements set forth in Section 6.04.
KC Sub Rules & Regs Revision, June 1 Q, 2002 Page 30
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.
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~ollector shall assess the property as if it had never been
subdivided.
6.OS.A The Commissioners Court shall publish notice of an application for
cancellation. The notice must be published in a newspaper, published in the English language, in
the county for at least three weeks before the date on which action is taken on the application.
The court shall take action on an application at a regular term. The published notice must direct
any person who is interested in the property and who wishes to protest the proposed cancellation
to appear at the time specified in the notice.
6.OS.B If delinquent taxes are owned on the subdivided tract for any
preceding year, and if the application to cancel the subdivision is granted as provided by this
section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had
not been subdivided. For the purpose of assessing the tract for a preceding year, the county tax
assessor-collector shall back assess the tract on an acreage basis.
6.OS.C On application for cancellation of a subdivision or any phase or
identifiable part of a subdivision, including a dedicated easement or roadway, by the owners of
75 percent of the properly 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 al the discretion of tbe 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 mgt direct feasible route, to:
KC Sub Rules & Regs Revision, June 10, 2002 Page 31
a) the nearest remaining public highway, county road, or access road to the public highway or
county road; or b) any not canceled common amenity of the subdivision.
6.05.E A person who appears 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
the subdivision. The person must bring the action within one year after the date of the entry of
the Commissioners Court's order granting the cancellation
6.OS.F The Commissioners Court may deny a cancellation under this
section if the Commissioners 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 Kea 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 Commissioners 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 Commissioners 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 a nondeveloper owner and awffi 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 Hiles developed under Section 16.343,
Water Code, including sny barndirg requireme~s; at h) the hmd damped a 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 cever been subdivided, ansl the ~ chief ap~pr~ser shall assess the
property acxordingly. Any liens against the property shall remain against the property as it was
previously subdivided.
KC Sub Rules & Reps Revision, June 1Q 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 "Pemutted Roads"):
(a) Publicly dedicated, paved and to be maintained by Ken County and
construction pursuant to Section 7.06;
(b) Private, paved and to be maintained by Homeowners Association or properly
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 motion 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 merest, by a dedication on the eanveyieg a perpetual r~ ~ way
easement in the property to the County for public use, or by right of way easement. No
dedication shall be effective uWil the Fines Plat is recorded. h>i no eves shall. any paivatn ~
extend into a dedicated roadway.
7.03 Design of Prblic IntprevenxnD. All improvements shall be designed sad installed so as
to provide, to the maximum extent feasible, a logical system of utilities, drainage and roads and
to permit ~muty of i~rovemeots is adjace~ propert~s.
7.04.A Access to Permitted Roads. Tracts shall have the minimum direct frontage onto a
permitted mod set forth below, cm the of road o~
which the resulting trsct has frontage.
Road Classification	Minimum Lot Frontage
Country Lane	120'
Local Road	120' Collector
Road	200'
Cul de sac	60'
Arterial Road	Subject to approval by Commissioners Court
Minimum lot frontage distances may be reviewed by the Commissio~rs Court and lesser
distances approved based on lot density, topography and other mitigating factors recommended
by the County Subdivision Administr~r. Subdivisaons within a high density developaaeffi area
KC Sub Rules & Rego Revision, lone 10, 2002 Page 33
and where the above minimum lot frontage distances ate 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 Ken 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: "Tile 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 RQW a~ 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 reporE prepared by a soils 1~ or proof rolled by eq~pment
as approved by the County Subdivision Administrator.
(c) Testing: Test reports showing density ~liaace, from a certified
laboratory, sbaIl be submitted to the County Subdivision Administrator.
Minimum tests made and submitted shall be one for each 0.1 mile,
alternate lanes, or as directed by d-e Ems, with a of
two tests per project Such tests shall be by and at the expense of the
developer. Additional testing may be and, if neaessarY, will by
made at the request of the County Subdivision Administrator and cost
thereof paid by the County if the ffist passes and paid for by the
developer if the test fails.
(d) High Plasticity Sails: Fligh plasticity index soils sb811 be sFabiliased with
lime or cement by direction of the County Subdivision Administrator.
(e} Inspection: The sub grade shall be inspected and approved, in by
the County Subdivision Adminishator, or his designated representative,
prior to the placesmeat of any base o~n sub-grade;
KC Sub Rules & Rags Revision, lone 10, 2002 Page 34
7.06.2.1 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 Specification (1993), Item 132.
(b) Unstable Material: Unstable material encountered in either excavated
section or beneath embankments shall be removed to a depth of not less
than one foot below natural ground or finished sub gt~ 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 Strom Water Iuleilit-Sector General Pem-it
for Industrial Activities.
7,06.3 Roadway Ditches: Ditches intended for parallel drai~ge shall be designed
to aecommoc)ste runoff to be expected ~ a two{2) year fiequerwy_ On grades of more the three
(3%) percent, in friable soils, erosion control by sodding and/or seeding or by properly designed
checks of conetete> stone or sod blocks shall be inchrded.
7.06.4 Crams Drain~e Culverts: Cross die ciatvvests shalt be designed for
nmoff to be expected at a five (5) year fiequeacy; may be with standard reinforced concrete pipe,
cxaxngaded galYaorced. metal pipes or reinforced boxes; aad shell be of
sustaining "H-20 FTighway Loading." No box culvert shall be smelter than two (2) feet in either
watervraQi hem ac depk)~ No pipe structure shall have watervray area of less. than. t.76 square
feet (18 inch diameter).
7.06.5 Side Road or Entrance Culverts: No entrance culvert shah be less than
twenty-f+o~u (24') feet in tengW with ditch design and shalt be designed f~ runoff of two (2) year
7i_ tteedvratL~ ifplai.-ed, shall be of reiafiorced cc~tete or cofuse laid masonry, ~ shaft
be no higher than six (6) inches above the base crown elevation.
7.06.6 Budges: Alt bridges shalt be designed by a Registered I'rofessionat
Engineer with ~ ~ five years experience in bridge design. The toad capacity shaft be not less
than "Ff-2!1"' as mod. Bridges shall be designed and coated to withstand floods of ~e-
hunched (t00) year trequency.
KC Sub Rules ~ Regs Reviser, June to, 2(102 Page 35
7.06.7 Low Water Crossing Sections: The Commissioners Court will consider
allowing the installation of low water crossings. Such consideration will consider the probable
frequency and depth of overflow, the traffic potential and the nature of the tributary area. Low
water crossing structures shall be designed based on drainage data prepared by a licensed
engineer in the State of Texas and constructed in accordance with such plans. Plans must be
approved by the County Subdivision Administrator.
7.06.8 Base or Base Courses:
(a) Material: Material for base courses shall be in accordance with Texas
Department of Transportation (TxDOT) Standard Spec cation as
specified for each of the following type of roadways. (See Appendix J)
(1) Arterial Road: Type A, Grade 2
(2) Collector Road: Type A, Grade 2
(3) Local Road: Type A, Grade 2
(4) Country Lane: Type C, Grade 2, or Caliche, Grade 3
(b) Construction Methods: Base on all streets and roads shall have a
compacted base depth of not less than six (6") inches and shall be
constructed in two approximately equal courses. The material shall be
dumped, spread, mixed, wind rowed, watered and other operations
necessary to produce a uniformly blended mixture of the desired course
thickness, moisture condition land gradation. Shaping of the blended
mixture to the required grade and line shall follow the mixing procedure
and precede the compaction. Compaction of each course of material shall
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) 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 Subdivision Administrator 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 fmal finishing, curing and correction of any
irregularities developed during the curing period have been corrected, the azea of the base which
KC Sub Rules & Regs Revision, June 10, 2002 Page 36
is to receive surfacing may be primed with an application of approximately two-tenths (0.2)
gallons of AEP asphalt, or equivalent, per squaze yazd of surface covered. Generally traffic shall
be diverted from the primed area until placement of the surface. Should diversion of traffic not
be feasible, the prime coat shall be blanket rolled with a pneumatic roller immediately following
application. Prime coat shall be permitted to cure following application and before application of
surface courses of pavement.
7.06.10 Surface Treatment: All streets and roads in subdivisions, and providing
access thereto, which are provided with a wearing surface shall meet the following standazds:
(a) 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 beCRS-2 emulsion. Total asphalt,
both courses, not less than 0.6 to 0.7 gallon per squaze yazd.
(2) Aggregates: Aggregates shall be from grading as established by
the Texas Department of Transportation Standard Specifications.
(3) Grading Rates of Distribution
First Course:
Asphalt CRS-2 at 0.35 gallon per sq. yd.
Aggregate Not finer than (Trade 3 trap rock or crushed
rock; 1 Cu. Yd. per 90 sq. yds.
Second Course:
Asphalt CRS-2 at 0.38 gallon per sq. yd.
Aggregate Not finer than Grade 5 trap rock or crushed
rock; 1 Cu. Yd. per 100 sq. yds.
(b) Hot Mix Asphalt Concrete (HMAC): Should the developer elect, a
HMAC pavement may be placed in lieu of the minimum surface treatment
described provided a seal coat of grade 4 rock and oil is applied fast.
Such pavement may be either HMAC 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."
KC Sub Rules & Regs Revision, June 1Q 2002 Page 37
(c) Quality and Spread Rate: HMAC 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) inches. The minimum compacted depth of
mat on slopes greater than 6 degrees shall be two (2) inches.
(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.
7.06. 11 Curbed Streets: Where streets or roads aze proposed to be provided with
curbs or curbs and gutters, design and construction details shall be in conformity with the
specifications in 7.06.14. (See Appendix K)
7.06.12 Shoulders: Untreated shoulders shall be bladed and dragged for
uniformity after placement of the surface and shall be smooth, stable and well compacted for the
entire width. The thickness of base shall not vary from the prescribed thickness by more than
one-half (%z) inch at any point tested.
7.06.13 Cattle Guazds: The Commissioners Court may authorize the installation
of cattle guazds when considered appropriate for public safety. When permitted, a cattle guazd
shall be not less than six (6) feet in width, measured along the center of the road and of a length
not less than one (1) foot greater than the width of the pavement or twenty (20) feet, whichever is
greater.
(a) Deck Members: Deck members shall be either weldable upset carbon steel
tubing two and three eighths (2-3/8) inches outside diameter or relayed
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 aze 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.
KC Sub Rules & Regs Revision, June 10, 2002 Page 38
7.06.14 Typical Road Sections: The design parameters for the classifications of
the roads herein as well as the ultimate design, pursuant to the road defmitions contained herein,
will be determined by the County Subdivision Administrator and approved by the
Commissioners Court.
(a) Minimum Requirements:
(1) Arterial Road: An "arterial road" serves a lazge area. It is a heavily
traveled route connecting urban azeas, 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. Any road that serves a
minimum of 60 lots or has a traffic count of greater than 400
vehicles per day shall be deemed a collector road.
Minimum ROW----------------------------------------------	80'
Minimum crown of roadway-------------------------------	4"
Minimum section of curbed (face to face of curbs)-----	40'
Minimum compacted depth of base material-------------	8"
Minimum ditch depth (below sub grade at shoulder)---	12"
Minimum base material width---------------------------	28'
Minimum pavement width---------------------------------	24'
Maximum allowable grade--------------------------------	12%
Minimum base material --------------------- Type A, Grade 2
(See APPENDIX J)
(3) Local Road: A "local road" is a low volume road that serves traffic-
generating points or terminal points. It provides direct access to the
lots or residence and has relatively light traffic volumes.
Minimum ROW---------------------------------
Minimum crown ofroadway---------------------------
Minimum section if curbed (face to face of curbs)
Minimum compacted depth of base material--------
Minimum ditch depth (below sub grade at shoulder)
Minimum base material width----------------
Minimum pavement width----------------------
allowable grade-------------------
base material -------
(See APPENDIX J)
Type A, Grade 2
60'
4"
30'
6"
12"
24'
20'
Maximum
12%
Minimum
KC Sub Rules & Regs Revision, June 10, 2002 Page 39
(4) Country Lane: A "country lane" is one used primarily for access to abutting residential
property with a small number of lots and minimal traffic volume A country lane may serve no
more than eight (8) lots and all lots must be a minimum often (10) acres. This type of road shall
be approved by the Commissioners Court in those cases where a right of way exists and minimal
access is desired
(aa) Paved Country Lane
Minimum Cleared ROW------------------------	60'
Minimum crown ofroadway--------------------	4"
Minimum shoulders width----------------------	2'
Minimum compacted depth of base material---	4"
Minimum base material width---------------	22'
Minimum pavement width----------------------	18'
Minimum ditch depth-------------------------	12"
Maximum allowable grade-------------------	12%
Minimum base material --------------------	Type C, Grade 2 or
	Caliche Grade 3
	(See APPENDIX J)
(bb) Unpaved Country Lane is a privately maintained road. It must be
signed, "Privately Maintained Road." (See Section 5.02.I.3)
Minimum Cleazed ROW-------------------------
Minimum crown of roadway-------------------
Minimum shoulders width----------------------
Minimum compacted depth of base material--
Minimum base material width---------------
Minimum pavement width----------------------
ditch depth---------------------------
Maximum allowable grade--------------------
Minimum base material -----------------------
60'
4"
2'
4"
22'
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 program
shall be designed in accordance with these regulations.
7.07 Privately Maintained Paved Roads (Collector, Local, or Country Lane). All private
roads shall be designed and constructed in accordance with the standards specified in the Ken
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;
KC Sub Rules & Regs Revision, June 1 Q, 2002 Page 40
(a) The following note shall be conspicuously displayed on the Plat:
[Owner], by filing this Plat of Record, and all future owners of
property within this Subdivision, by purchasing such property, acknowledge and
agree that Kerr County shall have no obligations whatsoever to repair or accept
maintenance of the roads shown in this subdivision until and unless
[Owner] and/or the Homeowners Association has
improved the roadways to the then current standards required by Ken 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 mad. [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) All private roads shall be signed in accordance with these regulations. (See
Section 5.02.I.3)
7.08 Privately Maintained Unpaved Roads (Country Lane only). Unpaved roads shall be
designed and constructed in accordance with Kerr County Road Design and Construction
Specifications except for those pertaining to Surface Treatment (7.06.9 -7.06.12) Unpaved roads
shall be permitted within a Subdivision only if each of the following criteria aze satisfied:
(a) All Resulting Tracts with frontage or access onto the road shall be 10 acres or
lar¢er•
(b) Maximum number of eight (8) lots designed for single family residents may have
access utilizing a privately maintained unpaved road.
(c) The following note shall be conspicuously displayed on the Plat:
[Owner], by filing this Plat of Record, and all future owners of
property within this Subdivision, by purchasing such property, acknowledge and
agree that Kea County shall have no obligation what so ever to repair or accept
maintenance of the roads shown on this subdivision until and unless
[Owner] and/or the Homeowners Association has improved the
roadways to the then current standazds required by Kea County and the roads
have been accepted for maintenance by formal written action of the Kea 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.
KC Sub Rules & Regs Revision, June iQ, 2002 Page 41
(d) Restricfive 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 mad is first constructed to the
County's standards then in effect for paved roads and accepted for maintenance by
the County.
(e) 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 or any
other encroachment into public right of way or easements shall be allowed without first obtaining
approval from the Kerr County Subdivision Administrator'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
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. This criteria shall apply to all roads accepted by the county for
county maintenance whether or not such road is in a new subdivision, currently platted
subdivision or not in a platted subdivision.
(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 Subdivision Administrator. 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 Kerr County Subdivision Administrator 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 Subdivision
Administrator and not to proceed with construction until proper inspections and
tests have been obtained, as required by the Kerr County Subdivision
Administrator). Any laboratory tests and test borings shall be at the expense of the
KC Sub Rules & Regs Revision, June IQ 2002 page 42
developer. In no event will any base be placed on the road until the Kerr County
Subdivision Administrator has approved the sub-grade in writing.
(d) The Kerr County Subdivision Administrator has inspected the mad 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 Subdivision Administrator 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 Subdivision Administrator.
The developer/homeowner association has posted with the Kerr County a financial
guazantee 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 equal to
30% of the construction costs of the roads for a term of one (1) yeaz following
acceptance by the County. The financial guarantee shall conform to the standazds
set forth in Section 232.004 and Section 232.0045, Local Government Code.
7.12 Filing of Record Plat. This section applies if the Owner desires to file a Record Plat
prior to completion of construction of all Permitted Roads and inspection by the Kerr County
Subdivision Administrator. 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 provide a
fmancial guarantee 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 financial guarantee shall remain in effect
until all roads and all associated drainage improvements, have been inspected and
approved by the Kerr County Subdivision Administrator, which inspection may
occur prior to the inspection called for under (See Section IX)
(b) Before release of the financial guarantee, the Ken County Subdivision
Administrator 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 financial
guarantee shall provide that the County may draw upon the financial guarantee for
KC Sub Rules & Regs Revision, June 10, 2002 Page 43
sufficient funds to establish a maintenance financial guarantee if the Owner fails to
do so.
(c) Before release of the financial guarantee, the Owner shall post a
maintenance financial guarantee 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 1Q, 2002 Page 44
Section VIII
INSPECTIONS, APPROVAL AND ACCEPTANCE
8.01 Inspections The County Subdivision Administrator, 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
vanes more than three (3) 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 Subdivision Administrator at the sole cost and expense
of the developer. This additional testing may be in addition to any 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) yeaz after all paving is complete.(See Section 7.12.C)
KC Sub Rules & Regs Revision, June 10, 2002 Page 45
Section IX
GUARANTEE QF PERFORMANCE
9.01 Financial Guarantee: The developer will file an agreement to provide a financial
guarantee prior to fmal plat approval. The plat shall not be recorded unless the developer has
filed with the Commissioners Court a financial guarantee 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 improvements required by these Regulations as
estimated by the design Engineer and approved by the County, conditioned that the developer
will complete such improvements within three yeazs after approval of such plat, such financial
guarantee to be approved as to form and legality by the County Attorney. Developer shall remain
obligated on said financial guarantee until the County Subdivision Administrator has certified
compliance with these provisions to the County.
9.02 Maintenance Financial Guarantee: The developer shall also file agreement in writing to
provide a maintenance financial guarantee for one (1) yeaz prior to final subdivision plat.
Subdivider shall furnish the County a financial guarantee, 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 thirty percent (30%) 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 Subdivision Administrator, 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 Subdivision
Administrator 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 yeaz after such
proper completion, as certified by the County Subdivision Administrator, and not then unless and
until the County Subdivision Administrator again certified that they have been maintained in
good condition for said period of one yeaz 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
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, unlmown 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 fmancial guarantee is
only required for roads accepted by Ken County for maintenance.
9.03 Financial Guarantee Extension: Where good cause exist, the County may extend the
period of the time for completion under Paragraph 9.01 for an additional period of time not to
exceed six (6) months if the developer has not completed the required site improvements or
completed such improvements in compliance with these Regulations.
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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 affect any other provision hereof, and these Regulations
shall be construed as if such invalid, illegal unenforceable provisions had never been contained
herein.
10.03 Special Provision for Subdivisions located with ETJ: Kerr County and the City of
Kerrville and Kerr County and the City of Ingram have entered into agreements provided for
under Section 242.001 or Section 242.002 for the regulation of subdivisions and platting
requirements in the ETJ of the City of Kerrville and the ETJ of the City of Ingram.
KC Sub Rules & Regs Revision, June IQ 2002 Page 47