ORDER NO. 29614 DISCUSS KERR COUNTY SUBDIVISION RULES AND REGULATIONS Came to be heard this the 27th day of March, 2006, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Adopt the Subdivision Rules and Regulations as presented, with language corrections and other corrections as noted today, but without material change in substance or content. ,i3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: Mazch 27, 2006 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: OFFICE: Commissioner, Pct. 3 TIME PREFERRED: 5:00 P.M. previous Tuesday. ,~~ 6/ ~ THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. x,13 DRAFT 032606 Kerr County Subdivision Rules & Regulations KC Sub Rules & Regs Revision, June 10, 2002 Page 1 CONTENTS Page Section I GENERAL PROVISIONS & PURPOSE ............ 4 Section II DEFINITIONS ................................ 7 Section IIl APPLICABILITY & ENFORCEMENT .............. 12 Section fV VARIANCES .................................. 13 Section V SUBDIVISION STANDARDS 5.01 General ....................................... 14 5.02 Roads ....................................... 16 5.03 Water Disposal System ........ .................... 18 5.04 Utility Lines ................................... 19 5.05 Concrete Monuments ............................ 19 5.06 Drainage ...................................... 19 5.07 Fire Safety ......................................................... 22 5.08 Other Regulations ............................... 22 Section VI PLATTING PROCEDURE 6.01 Concept Plan ........................... 23 6.02 Preliminary Plat and Data ......................... 23 6.03 Final Plat ..................................... 26 6.04 Revision of Plat of Existing Recorded Subdivision ..... 30 6.05 Cancellation of Subdivision ................. 31 6.06 Cancellation of Subdivisions if Land Remains Undeveloped 32 Section VII ROAD SPECIFICATIONS 7.01 Roads ................................ 33 7.02 Dedication to Public .............................. 33 7.03 Design of Public Improvements ... .................. 33 7.04 Access to Roads ......................... 33 7.05 Commercial Driveways ........................... 34 7.06 Publicly Dedicated Paved Roads ..................... 34 7.07 Privately Maintained Paved Roads ................... 40 7.08 Privately Maintained Unpaved Roads ................. 41 7.09 Encroachments into Public Right of Way ............... 42 7.10 Acceptance of Road for County Maintenance ........... 42 7.11 Conditions of Acceptance .......................... 42 7.12 Filing of Record Plat ............................. 43 Section VIII INSPECTION, APPROVAL & ACCEPTANCE 8.01 Inspections ..................................... 45 8.02 Acceptance ...................................... 45 KC Sub Rules & Regs Revision, June 1Q 2002 pie 2 Section IX 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 .................................... . APPENDIX 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 Kerr 911 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 .......................... . APPENDIX C Guarantee of Performance .. . APPENDIX E Maintenance Financial Guarantee .... .............................. . APPENDIX F Fee Schedule ............................................... APPENDIX G Drawing of Typical Road .................................... APPENDIX H Utility Cut of Across County Road .................................. APPENDIX I Routing Slips for Platting Subdivisions ......................... . APPENDIX J TxDOT Standard Specifications Flexible Base ..................... APPENDDt K Drawing of Typical Curbed Road ............................. . APPENDIX L Concept Checklist ......................................... EXIIIBITS Exhibit "A" Kerr County Water Availability Requirements Exhibit "B" Manufactured Home Rental Communities KC Sub Rules & Regs Revision, June 1Q 2002 Page 3 SeMion 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 other means, its jurisdiction over any subdivision or part of a subdivision which is located within its Extra Temtorial 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, pazks, 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 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 defimed 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 Constitution. If the land ceases to be used for agricultural use or for farm, ranch, wildlife management, or timber production use the platting requirement shall apply. B. The tract is divided into four or fewer parts and each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or afI-miry, 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. KC Sub Rules & Regs Revision, June 1Q, 2002 Page 4 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 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. Manufactured Rental Home Communities shall be subject to the provisions set forth in the Kerr County Manufactured Rental Home Communities Commissioners Court Order No. 26749, dated November 30, 2000. 1.06. These Subdivision Regulations have been adopted based on the following findings: (a) The Commissioners Court of Ken 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 Ken County has been granted the authority and responsibility under the Federal Emergency Management Act to administer flood plain development regulations within the County and to regulate associated development; (e) Kerr County has been designated by the Texas Water Development Board to be a county within a Priority Groundwater Management Area. The Commissioners Court of Kerr County has been granted the authority pursuant to Chapter 35, KC Sub Rules & Regs Revision, lone 1Q, 2002 Page 5 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 welfaze of the citizens of Kerr County. KC Sub Rules .@ Regs Revision, June 1Q 2002 Page 6 Section II DEFINITIONS For the purposes of Kerr County Subdivision Rules & Regulations, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section: Definitions not expressly prescribed herein aze to be construed in accordance with customary usage in governmental planning and engineering practices. Alley: A minor public right-of--way not intended to provide the primary means of the access to abutting lots, which is used for vehicular service access to the reaz or sides of properties otherwise abutting on a road. AASHTO: American Association of State Highway and Transportation Officials. ASTM: American Society for Testing of Materials. Community Sewage Collection System: An 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: Ken County Commissioners Court Cul-de-sac: A road having only one entrance and termination at the opposite end by a vehicular turnaround. Dead-end-Street: A road with only one entrance from another public road. Developer: Any person, owner, corporation, other entity or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. Sometimes refereed to herein as owner. DWG: Suffix indication an AutoCAD ®document (used by most computers aided drafting softwaze). KC Sub Rules & Regs Revision, Lune 1Q 2002 page 7 Easement: A limited use of another's real property. ETJ: Extra Territorial Jurisdiction: Local Government Code § 42.021. Extent of Extraterritorial Jurisdiction The extratemtorial jurisdiction of a municipality: the unincorporated azea that is contiguous to the corporate boundaries of the municipality and that is located: (1) within one-half mile of those boundaries in the case of a municipality with fewer than 5,000 inhabitants; (2) within one mile of those 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% miles of those boundaries, in the case of a municipality with 50,000 to 99,999 inhabitants; or (5) within five miles of those boundaries, in the case of a municipality with 100,000 or more inhabitants; Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Fee Schedule: Applicable fees from all applicable agencies during the platting process. (See Appendix F) FEMA: Federal Emergency Management Agency HGCD: Headwaters Groundwater Conservation District Lot: An undivided tract or parcel of land having frontage on a public or private road which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract in a subdivision plat which has been properly filed and recorded. Kerr 911: The 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 8 Kerr County Flood Damage Prevention Order: An order adopted by the Kerr County Commissioners' Court based on the Flood Insurance Study for Kerr County, Texas dated January 1979 with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto. This order is the basis for establishing areas of special flood hazard in Ken County and aids in the administration of the National Flood Insurance developed flood risk data for various azeas of the community that will be used to establish 1968 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 Conbol 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 vehicular travel, and used by the owner and persons who have the owner's express or implied permission. A private road shall not be maintained by Kerr County. Public Road: A way or place used for 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 1 Q, 2002 Page 9 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 vehicular travel which tnay be deeded >to convey fee simple title or a right=of-way ar casement, however designated, which provides vehicular 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 aze often divided into major and minor categories. b) A "collector road" is a principal thoroughfaze 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 priu>~31y for access to abutting residential property with a small number of lots and minimal traffic volume. Regulations: Kerr County Subdivision Rules & Regulations Right-of--Way (ROW): The azea within the outermost boundaries of a street or road including the azea 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 are paid. Sale: The actual closing where the title to the property is transferred or a contract for deed fully executed. Shall, May: The word "shall" is always mandatory. The word "may" is merely directory. Street: See road. Subdivision: A division of a tract of land into two or more parts. Surveyor: A Registered Professional Land Surveyor, as authorized by the State statutes to practice the profession of land surveying. KC Sub Rules & Regs Revision, June 10, 2002 Page 10 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 appazatus used to convey a utility to the consumer (ie. telephone or electric lines or buried cable, water lines, gas lines, sewer, etc.) KC Sub Rules & Regs Revision, Lune 10, 2002 Page 11 Section III APPLICABILITY AND ENFORCEMENT 3.01 No plat shall be filed for record in Kerr County unless the standazds 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 Administrator is hereby authorized and directed to enforce rules, regulations, standazds 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, standazds, and specifications. 3.03 Enforcement in General; Penalty 3.03.A At the request of the Commissioners Court, the County Attorney or other prosecuting attorney for the county shall 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 Kea 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 Kea 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 Kea 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 Attomey or other prosecuting attorney for the county may file an action in a court of competent jurisdiction to enforce any other enforcement permitted 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 standazds contained or refeaed to herein have not been complied with in full, the Court may pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval. The County Clerk shall cause a certified copy of such resolution under the corporate KC Sub Rules & Regs Revision, June 10, 2002 Page 12 seal of the County to be filed in the Deed Records of Kerr 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 Ken County stating that the resolution of non-compliance no longer applies. 3.05 Provided, however, that the provisions contained herein shall not apply to any recorded subdivision, or lot therein, which was approved and recorded or had preliminary plat approval prior to the acceptance of these regulations. All subdivisions approved prior to acceptance date hereof shall be subject to rules and regulations effective at the time of preliminary plat approval. 3.06 The developer shall be responsible for all costs of the improvements required by these Subdivision Rules and Regulations, and all other costs related thereto, including costs incurred by the county related to engineering and 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 requlred 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 1Q, 2002 Page 13 Section IV VARIANCES The Court may authorize a variance from these regulations when, in the opinion of the Commissioners Court, 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 findings 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 aze 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 azea; 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 fmdings 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 developer, standing alone, shall not be deemed to constitute undue hardship. KC Sub Rules & Regs Revision, June 1Q, 2002 Page 14 Section V SUBDIVISION STANDARDS No preliminary or final plat shall be approved by the Commissioners Court and no completed improvements shall be accepted by the Court unless they conform to the following 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 Boazd 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 Boazd 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 Edwards - Trinity Aquifer; KC Sub Rules & Regs Revision, June 10, 2002 Page 15 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 Kerr 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. c. 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 pazagraph S.O1.E., shall not exceed the total acreage in the subdivision divided by two (2). d. Subdivisions that utilize surface water as the sole source of potable water for all lots aze not subject to Section 5.01.5. 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; or served by 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. c;: One-quarter (il4j act+e for lots. to be sertred by ,a community or public water system and a community sewage collection KC Sub Rules & Regs Revision, June 1Q, 2002 Page 16 system; .and the subdivision is located in a designated High Density 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 classiSed as a High Density Development Area :the subdivision shall have a community or public water system:. Kerr County has designated areas of Kerr County as set forth below as High.:Density I)eveiopment Areas. i. Center Point Area -defined as aaarea within Kerr County a one and tme=half (i 112) mile radius of the intersection of1141-480 and FM i 350 {China Street). 2. Comfort Area - defined'as an area within Kett County a one (i) mile radius of the intersection of State Highway 27 and Hermann Sons Road. A water utility and a wastewater disposal plan must be submitted and approved and sealed by a licensed engineer. Such plan 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. Kerr County Commissioners Court shall take into consideration water availability, public welfaze, public safety, environmental health and all other authority to regulate subdivisions when reviewing and approving other developments. S.OI.H. Commercial Development Subdivision: Commercial development subdivisions shall be subject to the Ken 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.OI .D. and Section 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 and sealed by a engineer licensed in the State of Texas knowledgeable in water utility and waste water utility design. Kerr County Commissioners Court shall take into consideration water availability, public welfaze, public safety, environmental health and all other authority to regulate subdivisions when reviewing and approving commercial developments. KC Sub Rules & Regs Revision, June I0, 2002 page 17 5.02 Roads: 5.02.A Road Layout: Adequate roads shall be provided by the developer, and the arrangement, chazacter, extent, width, grade and location of each shall be considered in their relation to existing and planned roads, to topographical conditions, to public safety and convenience, and in their appropriate relationship to the proposed use of land to be served by such roads. The road layout shall be devised for the most advantageous development of the entire surrounding azea. 5.02.B Relation to adjoining road system: Where necessary to the neighborhood pattern, existing roads in adjoining azeas shall be continued, and shall be at least as wide as such existing roads and in alignment therewith. 5.02.C Projection of roads: Where adjoining azeas are not subdivided or subdivided the arrangement of roads that aze to be maintained by Kerr County in the subdivision shall make provision for the proper projection of roads into such not subdivided or subdivided azeas. 5.02.D Road intersections: Road intersections shall be as neazly at right angles as practicable, giving due regazd to terrain and topography. 5.02.E Cul-de-sacs: Cul-de-sacs right of way shall have a radius of not less than fifty (50) feet with a surface of forty (40) feet. 5.02.F Lot and block numbers aze to be arranged in systematic order and shown on the plat. Each block will be numbered sequentially beginning with the number one (1), artd each subdivision unit will have a separate lot and block designation. 5.02.G Road construction and design shall meet requirements herein. (See Section VII.) 5.02.H Road Names: Proposed roads which are in alignment with existing named roads shall bear the names of the existing road. Proposed roads shall comply with the Road Naming and Addressing Guidelines of Kerr 911 and approved by Commissioners Court. Road names must be certified by Kerr 911 before final plat approval. The Court shall have final determination of road names. 5.02.I Traffic Signs: The developer shall present a traffic sign placement plan and have it approved by the County prior to final plat approval. 5.02.L1 Reflective road name signs shall be furnished and installed by the developer at all intersections within or abutting the subdivision. Road name signs shall be placed KC Sub Rules & Regs Revision, June IQ, 2002 Page 18 in a uniform manner throughout the subdivision. Road name signs shall be seven feet (T) 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 6" white reflective letters. (b) County maintained road name signs shall be green with 6" 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" wide, 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, multi-unit residential developments, business parks, or other similaz uses and using OSSF for sewage disposal shall submit planning materials for these developments to the Ken County Environmental Health Department. The planning materials shall be prepazed, signed and sealed 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 easements as identified in Section 285.91(10) (relating to tables), Texas Administrative Code, Title 30, and a complete report detailing the types of OSSF to be considered and their compatibility with azea 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 30 days of receipt. 5.03.8. Lots Served By Community Sewage Collection and Treatment Facilities: All Lots to be served by community sewage collection and treatment Facilities KC Sub Rules & Regs Revision, June 1Q, 2002 Page 19 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 are to be provided by a utility service provider entity other than a community collection system, that entity shall review the system and facility plan and the developer shall provide a letter from such entity approving such system and facility plan prior to final plat approval. 5.04 Utility Lines: 5.04.A All utility lines that pass under a road or alley shall be installed before the road or alley is paved. When it is necessary that utility lines pass under an existing road or alley pavement, they shall be bored to a point at least four (4) feet beyond the edge of the pavement, see Appendix H, or a road cut may be used. If a road cut is used such road cut shall be installed in accordance with the design set forth in 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 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) 5.06 Drainage: KC Sub Rules & Regs Revision, June 10, 2002 Page 20 Subdivisions with a minimum lot size oftwenty (20) acres or a total number of lots of less than five (5) shall be exempt from this sections 5.06 C, and S.O6.D. 5.06.B Subdivision design, layout and construction shall be done to minimize any adverse impact to private property, public property, all easements, and all public or 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. All drainage design, layout and construction shall comply with all applicable laws of the State of Texas and the United States of America. 5.06.0. The criteria set:forth under this. section are intended to provide guidelines for drainage calculations. The registered professional enginee~ To: "Jonathan Letz" ; Sent: Friday, March 24, 2006 2:12 PM Subject: road specification chart Private Private Public Local Road Collector Arterial Unpaved Paved Paved Road Road Country Country Country Lane Lane Lane Lots Served <_ 8 <_ 8 <_ 8 9 - 60 61 - 120 120 > Minimum Lot 10 Acres 10 Acres 10 Acres See Water See Water See Water Size Availabili Availabili Availabili Minimum ROW 60' 60' 60' 60' 80' 90' Desi n S eed 35 MPH 35 MPH 35 MPH 35 MPH 45 MPH 50 MPH Minimum 4" 4" 4" 4" 4" 4" Crown of Roadwa Minimum N/A N/A N/A 30' 40' 40' Section of Curbed (face to face of curbs Minimum 6" 6" 6" 6" 8" 8" Compacted Depth of Base Material Maximum 12% 12% 12% 12% 9% 6% Gradient Minimum .30% .30% .30% .30% .30% .30% Gradient Minimum N/A 18' 18' 20' 24' 24' Pavement Width Minimum Ditch 12" 12" 12" 12" 12" 12" De th Sub ade Width Base Width 22' 22' 22' 24' 28' 28' Vertical Curve 19 61 84 "K" Value-crest Vertical Curve 37 79 96 "K" Value-sa Stopping Sight 200' 360' 425' Distance Minimum 382' 382' 382' 573' 573' 955' Horizontal Curve Radius Traffic Volume < 60 - < 60 - < 60 - 61 - 400 401 - 800 > 800 ADT 3/26/2006 Page 2 of 2 Minimum Base Type C, Type C, Type A, Type A, Type A, Type A, Material Grade 2 Grade 2 Grade 2 Grade 2 Grade 2 Grade 2 (see APPENDIX J 3/26/2006