• L I 5(D101. " COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST S AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Jonathan Letz OFFICE: County Commissioner MEETING DATE: May 10, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on proposal received from the City of Kerrville relating to subdivision standards and rules in the ETJ and consider, discuss and take appropriate action on other matters related to subdivision standards within the ETJ of the City of Kerrville. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Letz 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: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. c — ' 0 0 v - ' c co O 3 = co v . V C *; 4-1 c c •° 0 cCi c E E CO 2 U= o o a y c N (� v bA d A a •� W 0 W 0 3 W L sts 0 Y 3 O y 4-. 4"° co L .0 V ei a, L w 'F' - CU x bA V C C O. Q 3 Ca CD 4 4.. �' y- L O CJ L o 4+ .�., >' W O V CJ a te + V _ O C L O O O U 4a CU O L ca . >. c co 4a L '5 c E O s ++ O L cu o V = V CJ c6 4— ca 44 a. O E ' C) %lir c c •� a� E c E ca a oo O c O >i E 4.a dA +a W 0 3 O + . o Q . 3 a E Si = i O uw oo � W aJ c N L b c(a c ( p 0 0 y- > . Q s V 3 > v t O c wo r + > , . 1 4- '�'a tj L. 2 L L I Q bp 0 4.. C 4-1 • a > %.„---. N W L O O 'C V Ws L in a) U hA 4- 4-, a) c O O Y i +�+ 0 i 0 0. 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E _ C O C M N > O O O v) E N Z3 .} .' O p 73 C i O La O C - CO c 0) 2 N N v 1 -- • a cu N -n U a) a) 00 c a) > w C N O +-' N = 4- v) = 01 C 4— col o '� N "Z3 N N C •� N 0 O N N a ON o U co N N p C N ( . 41 0 N C O N N a1 N Q L co 7 0 a) c — aJ +.. — — > cn a) N = 0_ ' Q c +-+ `- -0 E o CO L v . c .� > a� a' v v) = o v _ o = t N co cv a N Q N O N O O G 0 a N 4-' N — co 01 � 0 L z N 1 1 1 a J o> = = 0 \ 1 1 I J U '!' > N c N I_ N 01 01 N N N N 1 o 1_ m Q u1 N _c _c .c L Ol r-1 C vi %-1 �y N L a..' 0 S-- L L L L L O w C v c0 c0 CO CO ca CO . Q . Q " O .Q CO •� U" V) O IL a Q Q a .+- a -O Q Jonathan Letz From: Robert Henneke [henneker @gmail.com] Sent: Tuesday, March 30, 2010 2:47 PM To: jletz@co.kerr.tx.us Subject: FW: ETJ subdivision regulation Jonathan, Below is the email I received from Mike Hayes last night. Would you please reply with your response as to Mike's questions at the bottom and /or let me know if you would like to discuss. As I understand this process, we're waiting to receive the draft ETJ Agreement from the City, i.e. Mike, for us to then review, revise, and respond. Rob Henneke From: Mike Hayes [ mailto :mike.hayes @kerrvilletx.gov] Sent: Monday, March 29, 2010 5:26 PM To: henneker @gmail.com Subject: ET) subdivision regulation Rob — I don't think that you officially take office until April 1, but I thought that I'd give you some background on the' extraterritorial subdivision regulation issue that concerns both the County and the City. Until a month ago, I wasn't involved in meetings between the two sides for over a year. At what I think was the last meeting between Jonathan Letz and Bruce Motheral, Ilse and I were invited and then received homework. We were asked to answer /address the following questions /issues: 1) define platting per Chapters 212 and 232, Tx. Local Gov't Code; 2) [what is] the authority of the City's Planning and Zoning Commission in the ETJ and can separate apprfoval be created (I recall that the last part of this was that besides P&Z approving plats, which is what they do in that plats are not approved by Council, can another body be authorized to approve plats)? 3) What about the Model Subdivision Rules (Title 31, Part 10, Chapter 364 of the Tx. Admin. Code) and the impact of these on the ETJ agreement and subdivision regulations? 4) [does the City have authority to impose] park and water system requirements for subdivisions within the ETJ? 5) [what is the impact of the City's] CCN application and water system standards within existing subdivisions? 6) [whether] the master road plan [which is adopted by the City] needs to be approved by the County? Before we were able to answer these questions and reconvene, both the City and the County addressed the ETJ issue at their respective meetings. As you know, during the last Council meeting, Council voted to send Bruce's proposed ETJ subdivision rules plus a new ETJ agreement to the County for review. The Council asked the County for a response within the next 30 days. To me, and as I said at the Council meeting, none of the stated issues appears to be insurmountable nor seems to create a conflict with Ch. 242 of the Tx. Local Gov't Code, which requires the City and the County to reach an agreement. It seems that the County's biggest concern is the Ch. 364 rules and the impact of these upon grant funding. At the meeting, I think that I heard Jonathan say is that there are no potential EDAP areas (i.e., Ch. 364 Economically Distressed Areas Program) within the City's ET). Could you confirm if this is true or if I heard him correctly? If this is true, perhaps the state (Tx. Water Development Board) would agree that the model rules wouldn't need to apply to this area — that in essence, the City's ET) would be exempt from requiring the model rules. 1 As you consider these issues, could you provide me with the following information: 1) where are current EDAP areas within the County? Are there any proposed? 2) was the Kerrville South Wastewater Project an EDAP for either the County or UGRA? 3) Jonathan, again at the Council meeting, mentioned receiving written guidance from the state (both the TWDB and the AG) as to the applicability of the model rules to areas within the City's ETJ? If possible, I would like a copy of this information in an effort to understand the state's and County's analysis of this issue. I know that you are and will be busy tackling all of the issues piled up on your new desk. However, if there's anything that I can do to help or if you have any questions, please let me know. Thanks. MCH Mike Hayes City Attorney City of Kerrville 800 Junction Hwy 1 Kerrville, TX 1 78028 (830) 792 -83801 (830) 792 -3850 fax mike.hayes @kerrvilletx.gov Please consider the environment before printing this e-mail. 2 Jonathan Letz From: Kevin Coleman [kevin.coleman @kerrvilletx.gov] Sent: Saturday, April 10, 2010 9:44 AM To: Jonathan Letz Cc: Robert Henneke; Mike Hayes; Todd Parton Subject: RE: ETJ Thanks for the update jon. I will pass it up the food chain. K Sent from my GoodLink synchronized handheld (www.good.com) Kevin Coleman City of Kerrville 830.792.8351 830.370.3610 Original Message From: Jonathan Letz [mailto:ccr @hctc.net] Sent: Saturday, April 10, 2010 08:24 AM Central Standard Time To: Kevin Coleman Cc: 'Robert Henneke' Subject: RE: ETJ 1 will give a general update, but no substance. The County Attorney and I will meet this week. I also met with TWDB and Attorney General office and have more info on Model Subdivision Rules and am waiting to receive a few more answers to questions from them. My preference is to keep this off our, city and county, agendas until the county has a formal response. Rob H. and I will meet with city staff (you, Hayes, Parton .) before I put it back on the county agenda, hopefully first meeting in May. Thanks, Jonathan From: Kevin Coleman [mailto:kevin.coleman ( kerrvilletx.gov] Sent: Friday, April 09, 2010 1:29 PM To: Jonathan Letz Subject: ETJ I do not see it on the posted agenda, but do you anticipate any discussion of the draft ETJ standards/Interlocal at your meeting Monday under the liaison report? Kevin Coleman 1 Director Development Services City of Kerrville 830.792.8351 kevin.coleman a,kerrvilletx II 2 Jonathan Letz From: Jonathan Letz [ccr @hctc.net] Sent: Monday, April 19, 2010 4:37 PM To: 'Robert Henneke' Subject: RE: ETJ Meeting Rob, I think Mike is searching for the requirement that Kerr County is required to adopt the MSR and that they apply in the ETJ. The following statutes clarify this requirement: Texas Water Code, Chapter 16.343 Texas Water Code, Chapter 17.927 Texas Administrative Code, Title 31, Part 10, Chapter 363.504 (1) Thanks, Jonathan From: Robert Henneke [mailto:rhenneke @co.kerr.tx.us] Sent: Monday, April 19, 2010 10:45 AM To: 'Mike Hayes' Subject: RE: ETJ Meeting Mike, 1. Center Point / East Kerr project 2. The first three phases of the Kerrville South project were jointly funded. The fourth phase is currently going out for bid. I assume that your request #5 only pertains to the Kerrville South project. Otherwise, please be more specific. We are working on responding to your request for information and will respond further timely. Sincerely, Rob Henneke From: Mike Hayes [ mailto :mike.hayes @kerrvilletx. Sent: Thursday, April 15, 2010 2:15 PM To: Robert Henneke Subject: RE: ETJ Meeting This request stems from my 3/29 email to you and the County's concern over Economically Distressed Areas Program, it's ability to get funding under this program, and the program's requirements to adopt the Model Subdivision Rules. So that the City can understand the County's issues, we need to get the following specific information regarding the colonia status of Kerr County (or specific areas within Kerr County) pursuant to Chapter 232 of the Texas Local Government Code: 1. Those specific projects funded — current or otherwise — through Texas Water Development Board EDAP funds 2. Those specific projects funded through the agreement between Kerr County and UGRA (Kerrville South, etc; ?) 3. Applications submitted by Kerr County to the Texas Water Development Board for EDAP funds 4. Commission Court orders pertaining to the application for and use of Texas Water Development Board EDAP funds 5. Commission Court orders pertaining to the application and use of UGRA funds or for funds processed /distributed through UGRA 1 Thanks. MCH From: Robert Henneke [mailto:rhenneke @ co.kerr.tx.us] Sent: Tuesday, April 13, 2010 5:27 PM To: Mike Hayes Subject: RE: ETJ Meeting Mike, You'll have to be more specific as to the Commissioners Court orders you're looking for copies. Please advise Os to more specific information necessary for me to identify these documents. Sincerely, Rob Henneke From: Mike Hayes [ mailto :mike.hayes @kerrvilletx.gov] Sent: Tuesday, April 13, 2010 12:33 PM To: Robert Henneke Subject: RE: ETJ Meeting Rob — While I can answer questions that you may have with respect to the proposed agreement and regulations tha I forwarded, neither I nor staff has the authority to meet with you on this issue. Council's motion was specific that staff was to send the documents to the County for its review and Council would wait for this response. In the meantime and as a follow -up to the other questions that I've asked you, could you get me copies of the Commission Court's orders with respect to EDAP areas, projects, and the use of such funds. Thanks. MCH Mike Hayes City Attorney City of Kerrville 800 Junction Hwy 1 Kerrville, TX 1 78028 (830) 792 -8380 (830) 792 -3850 fax mike.hayes@kerrvilletx.gov Please consider the environment before printing this e-mail. From: Robert Henneke [mailto: rhenneke @co.kerr.tx.us] Sent: Monday, April 12, 2010 12:10 PM To: Mike Hayes Subject: ETJ Meeting Mike, 2 Commissioner Letz and I would like to schedule a meeting with you, Todd Parton, Kevin Coleman, and whomever else from the City to discuss the City's recent proposed ETJ Interlocal Agreement draft. Would you check availability for April 23 @ 1:30pm? Please advise. Thank you, Rob Henneke + + + + + + + + + + + + + + + + + ++ Robert Henneke Kerr County Attorney 700 Main Street, Suite BA103 Kerrville, TX 78028 (830) 792 -2220 - phone (830) 792 -2228 - fax rhennekena co.kerr.tx.us http://vvww.co.kerr.tx.us/attorney/ • 3 (830) 792 -2220 - phone (830) 792 -2228 - fax rhenneke(a�co. kerr.tx.us http://www.co.kerr.tx.us/attorney/ 3 Jonathan Letz From: Robert Henneke [rhenneke @co.kerr.tx.us] Sent: Wednesday, April 14, 2010 10:25 AM To: 'Jonathan Letz' Subject: RE: Update - ETJ Subdivision Regulation Negotiations Jonathan, Mike Hayes mentioned that you had reached out to Kevin separately, but I don't believe I was copied on the eXchange and do not know what you said or what Kevin's response was. Was he willing to meet with you? Rob From: Jonathan Letz [mailto:ccr @hctc.net] Sent: Wednesday, April 14, 2010 9:35 AM To: 'Robert Henneke' Subject: RE: Update - ET) Subdivision Regulation Negotiations Rob, Thanks for the update. I must say 1 am confused especially considering the email to Kevin Coleman. I do !not think you need to do anything prior to our 4/21 meeting. Thanks, Jonathan From: Robert Henneke [mailto :rhenneke @co.kerr.tx.us] Sent: Tuesday, April 13, 2010 6:15 PM To: jletz @co.kerr.tx.us Cc: jgrinstead @co.kerr.bcus; cojudge @co.kerr.bcus; bwilliams @co.kerr.tx.us; bbaldwin @co.kerr.tx.us; boehler@co.kerr.tx.us Subject: Update - ETJ Subdivision Regulation Negotiations Jonathan, wanted to provide you with an update with regard to the ETJ Subdivision Regulation negotiations between Ke r County and the City of Kerrville. Before I do so, I thought it would be helpful to summarize the chronology of events sine I became involved with this issue. • On March 19, 2010, you provided me with a copy of the attached City of Kerrville Interlocal Agreement', Draft. This Draft was placed upon the Council's March 23, 2010, Agenda for consideration and possible action as Agenda Item# 5C. http:// www. kerrville.orq /DocumentView.aspx ?DID =5948. As you are aware, the Texas LocaliGov't Code provides for vehicles for Regulation of Subdivision in Extraterritorial Jurisdiction. Tex. Local Gov't Code 242.001(d)(1) — (4). The City's March 23, 2010, Draft provided under Section Two for the County and City to jointly administering the ETJ by apportioning the area within the area of the ETJ pursuant to 242.001(d)(3). The City's Draft also included as Exhibit 2 a March 9, 2010, draft ETJ Development Standards. City Staffs recommendation for consideration by the Council was adoption of this draft Agreement and Standards. • You and I attended the March 23, 2010, City Council meeting. Following discussion, City Council voted to approve the presented Agreement and Standards with the amendment by Councilman Gross to include an initial review after 6 months from the effective date of the Agreement. During and after the meeting, you and I discussed with the Council and staff that the City would submit their proposal as to the Agreement and Standards (later adopted by the Council as those presented during the meeting) and then you and I would meet with the City staff, most likely Mike Hayes, Kevin Coleman, and Todd Parton, and other representatives designated by the Council, to specifically discuss any outstanding issues. • On March 30, 2010, the City, under a March 29, 2010, cover letter from Mr. Parton, submitted to the Commissioners Court the attached Interlocal Agreement Draft. It concerns me that the City's recent Draft substantively changes the language considered and voted upon by the Council on March 23. The most substantive change being revision of the Grant of Authority under the Agreement granting the City "the exclusive 1 authority to regulate subdivision plats and approve related permits within the ETJ" and the exclusive authority to "enforce its subdivision regulations" pursuant to Tex. Local Gov't Code 242.001(d)(1). Other changes include: o Modification of the provision for termination of the Agreement; o Insertion of a new Section Seven (between sections 4 and six); o Inclusion of additional language in the draft Standards. • Following yesterday's Commissioners Court meeting and pursuant to your request, I reached out to Mike Hayes to schedule a meeting with the City to discuss their proposal, as was openly agreed to on March 23, 2010. Mr. Hayes response (below) was that he or any city staff were unable to meet with us to discuss. In my follow -up with Mr. Hayes, I was advised that he had been directed to not meet with us — that the March 30, 2010, document spoke for the City and the City was awaiting a written response from the County. It concerns me that the language of the draft Agreement and Standards submitted for the County's consideratioi has substantively changed from what was discussed and approved by the Council as a body. This begs the questions as to which draft language the County is expected to respond to — that approved by the Council or that presented by Mr. Parton. The author of the March 30 draft is unknown to me and I am unable to determine whether the March 30 submission has the full approval of the Council or, if we respond to this draft, we can expect further revisions arid substantive changes. This bait and switch coupled with the City's refusal to meet to discuss their proposal calls into question whether the City's efforts are in good faith to resolve this matter. Of course, I'll remind you that Tex. Local Gov't Code 242.0015 provides with a mechanism to resolve this dispute through binding arbitration. Please advise if you wish me to take any further action prior to our meeting on April 21. Sincerely, Rob Henneke From: Mike Hayes [ mailto :mike.hayes @kerrvilletx.gov] Sent: Tuesday, April 13, 2010 12:33 PM To: Robert Henneke Subject: RE: ETJ Meeting Rob — While I can answer questions that you may have with respect to the proposed agreement and regulations that I forwarded, neither I nor staff has the authority to meet with you on this issue. Council's motion was specific —!that staff was to send the documents to the County for its review and Council would wait for this response. In the meantime and as a follow -up to the other questions that I've asked you, could you get me copies of the Commission Court's orders with respect to EDAP areas, projects, and the use of such funds. Thanks. MCH Mike Hayes City Attorney City of Kerrville 800 Junction Hwy I Kerrville, TX I 78028 (830) 792 -8380 1 (830) 792 -3850 fax m i k e. h ayes e ke rry i l l etx. g ov Please consider the environment before printing this e-mail. 2 CITY OF KERRVILLE OFFICE OF THE CITY MANAGER 800 Junction Highway 0 Kerrville, Texas 78028 L ermorml 830- 257 -8000 / www.kerrvilletx.gov March 29, 2010 Commissioners Court Kerr County 700 Main Street Kerrville, Texas 78028 Honorable Judge Tinley and members of the Commissioners Court: At its regular meeting of March 23, 2010, the Kerrville City Council voted unanimously to forward an interlocal agreement for cooperative efforts for subdivision approval in Kerrville's extraterritorial jurisdiction. The action included the acceptance of a draft set of standards that was to be included as an attachment to the interlocal agreement. The draft standards are a result of several meetings between Commissioner Letz and Councilman Motheral. They have blended the County's and City's codes into a single set of standards. Kerrville Council members realize that the County may require additional modifications pursuant to Chapter 232 of the Local Government Code. In its motion, the City Council requested a response from the Commissioners' Court withinl 30 days regarding the interlocal agreement and the attached standards. One condition of the motion was a review after 6 months of the final execution of the interlocal agreement to see how it may be working and see whether the new codes need to be amended. Immediately upon execution of the interlocal agreement by both parties, the City will initiate an amendment to its subdivision regulations as necessary' implement the final blended subdivision standards. City staff is scheduled to provide an update at the regular City Council meeting of Tuesday, April 27, 2010. A cornerstone of the proposed interlocal agreement and the draft standards is the integration of authority and processes of both parties. Specifically, the City will continue to ensure that the Coujnty remains actively involved in the subdivision review process and in the inspection and acceptancq of public improvements. We look forward to wrapping up this very important effort and the successful conclusion of this critical project. Respectfully odd Parton City Manager Enclosures: Draft Interlocal Agreement Xc: Kerrville City Council INTERLOCAL COOPERATION AGREEMENT BETWEEN KERR COUNTY AND THE CITY OF KERRVILLE FOR REGULATION OF SUBDIVISIONS WITHIN THE CITY OF KERRVILLE'S EXTRATERRITORIAL JURISDICTION This Interlocal Cooperation Agreement ( "Agreement ") is made by and entered into between Kerr County, Texas ( "County ") and the City of Kerrville, Texas ( "City "), on the day of , WHEREAS, the Texas Legislature modified Section 242.001 of the Texas Local Government Code to prohibit, with some exceptions, both a county and municipality from regulating subdivisions within the extraterritorial jurisdiction ( "ETJ ") of a municipality; and WHEREAS, Texas Local Government Code Section 242.001(c) states that a municipality and a county shall enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits within the ETJ of that municipality; and WHEREAS, it is in the best interests of the citizens of Kerr County for the County and the City to cooperate in the provision of governmental services where such cooperation will result in more efficient services; and WHEREAS, the City has duly identified to the County the City's ETJ as it presently exists; and WHEREAS, the City is willing to provide the resources necessary to regulate subdivisions within its ETJ; and WHEREAS, the County and the City now find it to be in the public interest to enter into this Interlocal Cooperation Agreement wherein the City agrees to perform the governmental functions described below as authorized by Sections 212.003 and 242.001 of the Texas Local Governmental Code; NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the County and City mutually agree as follows: SECTION ONE. Duration of Agreement and Termination: This Agreement shall be effective on the date that it is fully executed by both parties and shall terminate on . Thereafter, this Agreement shall renew automatically for successive one (1) year periods commencing on January 1, 2014, unless notice of termination is given by either party as provided below. Both parties anticipate participating in a periodic review, which may include revisions to address any changed circumstances, with the initial review occurring six (6) moths after the effective date of this agreement. Page 1 of 5 Notwithstanding the foregoing, this Agreement may be terminated by either party by giving ninety (90) days' written notice of intent to terminate this Agreement to the non- terminating party. Termination of this agreement by either party, outside of the annual renewal, must be accompanied by a reason and will be equal to a demand to initiate arbitration. SECTION TWO. Grant of Authority: The County and the City enter into this Interlocal Cooperation Agreement as defined in Section 242.001(d)(1) of the Texas Local Government Code, whereby the County hereby grants to the City the exclusive authority to regulate subdivision plats and approve related permits within the City's ETJ. Pursuant to this Agreement, the City is authorized to accept plat applications for tracts of land located within its ETJ, colldct municipal application fees and provide applicants one response indicating approval or denial of a plat application in conformance with the City's subdivision regulations. SECTION THREE. County Responsibilities: A. The County shall not enforce its subdivision regulations within the ETJ of the City. B. The County shall provide a copy of all proposed plats for subdivisions occurring beyond the City's ETJ and within two (2) miles of the City's corporate boundaries to the City for the City's review and comment. The County shall deliver said plats to the City to allow the City enough time to review and comment prior to the County's approval of the plat or where approval may occur by operation of law. The City in turn shall provide its review and return the plat, or comments if any, to the County within ten (10) days. The County shall give due consideration to any comments received from the City. C. The County shall deliver one (1) copy of all approved and recorded plats within the area contemplated by Section Three (B) above to the City within ten (10) busindss days of such recording. D. The County shall have the right to inspect and accept all public improvements that it may own and/or may be required to maintain. SECTION FOUR. City Responsibilities: A. The City shall enforce its subdivision regulations within its ETJ. B. The City shall provide a copy of all proposed subdivision plats within its ETJ to the County for the County's review and comment. The City shall deliver said plats to the County to allow the County enough time to review and comment prior to the City's approval of the plat or where approval may occur by operation of law. The County in turn shall provide its review and return the plat, or comments if any, to the City within ten (10) days. The City shall give due consideration to any comments received from the County. However, this review process shall not be 2 construed as limiting the City's authority nor restoring or enhancing the County's authority to approve subdivision plats within the City's ETJ. C. The City shall deliver one (1) copy of all approved and recorded plats within the City's ETJ to the County within ten (10) business days of such recording. D. The City shall adopt the blended standards described in the Attachment A (Minimum Standards for ETJ Development) as an amendment to the City of Kerrville Subdivision Ordinance. The City, in accordance with state law, shall invite public input regarding the proposed changes. E. On or before April 30, 2011, the City shall provide a written report to the County regarding the City's regulation of subdivisions within the ETJ. Such report shall include the City's estimated population at the time of the report and an approximate time period that the City projects that it's ETJ will expand beyond one (1) mile. SECTION SEVEN. The authority provided in Chapter 212, Local Government Code, to the City under this !, agreement is amended as follows: A. A plat shall be required for a division of property within the ETJ of the City wherein any of the proposed tracts are less than ten acres in size, as permitted under 232, Local Government Code, but the only exceptions to that requirement shall be those found in Chapter 212, Local Government Code. B. Prior to acceptance of new publicly maintained streets and/or drainage facilities in a subdivision within the City's ETJ, the city shall require of the developer a warranty or cash bond as required by the Subdivision Regulations of Kerr County, payable to Kerr County, which shall be in effect for one year from date of acceptance of such streets and/or drainage facilities. The developer shall be responsible for maintenance of such streets and/or drainage facilities for one year after completion of construction of said streets and /or drainage facilities as also required by the Subdivision Regulations of Kerr County. The developer shall also post any utility or other improvement bond, payable to the City, as required by the subdivision regulations of the City. C. Only after action by the Kerr County Commissioners Court, the county shall commence maintenance of any streets and related drainage facilities within the subdivision after the first anniversary of acceptance of said street and drainage facilities, provided that all maintenance issues have been satisfactorily resolved by the developer. SECTION SIX. Applicability: The obligations and undertakings of each party to this Agreement shall be applicable within the City's ETJ. The City's ETJ presently exists as that unincorporated area that is contiguous to the corporate boundaries of the City and that is located 3 within one (1) mile of those boundaries. The City shall notify the County of any expansion or reduction of the City's ETJ. SECTION SEVEN. Miscellaneous Provisions: A. Any notice required or permitted to be given hereunder shall be given in writing and shall be delivered to the following addresses of the respective parties via hand delivery or first class, prepaid mail: County: Kerr County, Texas Attention: County Judge Kerr County Courthouse 700 Main Street Kerrville, Texas 78028 City: City of Kerrville Attention: City Manager 800 Junction Highway Kerrville, Texas 78028 B. This Agreement supersedes all written or oral representations of the parties as to the content, obligations or performance of the provision of subdivision regulation by the City within the City' ETJ. The Agreement constitutes the entire agreement between the County and the City. Any modification to this Agreement shall be of no force or effect unless in writing and signed by both parties. Each party hergto certifies that the covenants and obligations stated in this Agreement constitute the duly authorized act and agreement of the respective entity and that the persoins affixing their signatures below have obtained all requisite approvals for the execution of this Agreement. C. If any provision of this Agreement is found to be invalid, illegal or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement. D. The validity of the Agreement and any of its terms or provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. Exclusive venue for any action concerning this Agreement shall be in Kerr County, Texas. E. Neither party may assign any right under this Agreement, and any purported assignment will be null and void and a breach of the Agreement. F. Notwithstanding any provision to the contrary, it is agreed that none of the obligations contained within this Agreement shall run to or be enforceable by any party other than a party to this Agreement. 4 G. Pursuant to Section 242.001(c) of the Texas Local Government Code, the County and the City hereby certify that this Agreement complies with the requirements of Chapter 242 of the Texas Local Government Code. H. This Agreement may be executed in multiple counterparts, each of which constitutes an original. EXECUTED on the day of , 20 CITY OF KERRVILLE, TEXAS KERR COUNTY, TEXAS Todd A. Bock, Mayor Pat Tinley, Judge ATTEST: ATTEST: II Brenda G. Craig, City Clerk Jannett Pieper, County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Michael C. Hayes, City Attorney Rob Henneke, County Attorney L: \Legal \DEVELOPMENT SERVICES (planning) \Subdivision Regulations \County Agreement \Interlocal Agreement subdivision regulation within ETJ 033010.doc 5 ATTACHMENT "A" Draft Copy CITY OF KERRVILLE 3/9/10 ETJ DEVELOPMENT STANDARDS Art. MINIMUM DESIGN STANDARDS FOR ETJ DEVELOPMENT The purpose of this section is to reflect the character and quality of development envisioned by the City /County to be in the best interest of the citizens both present and future, and to insure that the long term effects of development which takes place in current times will not become a burdei upon the general public in the future. The standards expressed in this section are established to provide streets of adequate right -of -way width, alignment and traffic capacity to prevent or at least minimize traffic hazards and congestion, to provide adequate space for the installation of necessary utility service and collection and disposal of storm waters and to establish adequately sized lots, tracts or parcels of land where residential and other types of building structures may be constructed without creating hazards to the health, safety and well being of the occupants. The application of these Minimum Design Standards for ETJ Development are inclusive of TAC 634 Subchapter C and provide minimum standards that assure water supply and wastewater services to tracts of five acres or less intended for single family residential (non- commercial ind non - multifamily) purposes. SECTION 0 PLATS 1. Except as otherwise provided below, the owner of land located within the extraterritorial jurisdiction (ETJ) of the City who subdivides the land and /or who previously subdivided land which was not platted in accordance with the current City Subdivision Ordinance prior to development, must have a plat of the subdivision or lot approved as provided in this Ordinance. No improvements to the subdivision or lot shall be commenced until compliance with this Ordinance if fulfilled. 2. The Following are exempted from the above stated plat requirement: a. A conveyance of land by dedication, lease or sale to a public agency for a roadway, Y Y p g y oa way, utility lines or drainage facility, provided that said conveyance is accepted and approved by the public agency. b. The conveyance of parcels of land between owners of adjoining property and contiguous land, provide that no additional building lot or substandard lot is created. c. Any lease of public property at the Kerrville Airport. d. Any property subdivided prior to January 1, 1981, provided that each part of the subdivided property was adequately served by the following after the subdivision: (1) Streets constructed and previously accepted for maintenance by the City or County, whichever is applicable; (2) Water improvements as currently required by this or other applicable ordinances; City of Kerrville ETJ Development Standards 1 (3) Sanitary sewer or individual on -site sewage disposal system as currently required by this or other ordinances; (4) Storm drainage facilities as currently required by this or other applicable ordinances, and; (5) Easements or rights -of -way as may be currently required by this or other applicable ordinance for the installation of any of the above stated improvements; e. In accordance with Texas Local Government Code §212.004(a), the division of land into two or more parts provided: (i) all parts after the division of land are larger than ten acres; (ii) no public improvement is required by this Chapter to be dedicated, and; (iii) after the division, each part has access. "Access" for purposes of this Subsection (e), shall be to an existing public or private right -of- way abutting each part of the subdivided property. 3. The Planning and Zoning Commission may grant an exception to the plat requirement if it finds that the use of the land after subdividing will be strictly agricultural and will create no need for new public streets, water, sewer or storm drainage and will not interfere with the extension of such public facilities. Agricultural use does not include the processing of agricultural products or livestock feeding, exhibition or sales facilities. 4. A plat of one lot may be approved for either the original owner of the entire tract and /or a purchaser of the lot, if: a. The original tract has already been subdivided and there are currently multiple owners of the different lots, and it is not practical to attempt to subdivide all of the original tract at one time; or b. The owner of the original tract prepares a preliminary plat of the total acreage to meet the requirements of the Ordinance; or c. The Commission finds that the purpose and intent of this Ordinance shall not be impaired by the approval of the one -lot plat. SECTION 0 JURISDICTION From and after the date of its adoption, this ordinance shall govern all subdivisions of land within the extra - territorial jurisdiction of the City of Kerrville (herein referred to as "ETJ ") as provided under Art. 970a, Section 3, of the Vernon's Annotated Civil Statutes for the State of Texas. The boundary of the ETJ for the City of Kerrville, based upon its population as of the date of the passage of this ordinance is City of Kerrville ETJ Development Standards 2 one (1) mile from the city limits of the City of Kerrville, and such boundary is subject to revision as provided in such Art. 970a. SECTION 0 SUBDIVISION PROCESS The subdivision planning process consists of two (2) separate phases. The initial phase 'is the preparation and submission of the preliminary plat of the proposed subdivision. This phase is the most significant phase in the planning process since it will set the stage for the eventual development of the land. The second and final phase is the preparation and submission of a final plat with construction plans. However, in the case of minor plats, replats, vacating plats and amending plats, only a',final plat may be submitted. The Director of Development Services is authorized to approve minor plats, but may, for any reason, elect to present the plat to the Planning and Zoning Commission for approval. However, the Director shall not disapprove the plat and shall be required to refer those which he refuses to approvve to the Planning and Zoning Commission. A minor plat shall be defined as: any plat consisting of four or ewer lots fronting on an existing street that are adequately served by streets, utilities, drainage facilities (if necessary), and easements or rights -of -way; and does not require the creation of any new streeti(s) or the extension of municipal facilities. All other plats must be submitted for approval or disapproval to the Planning and Zoning Commiss' P Pp pp g g ton. The final Plat becomes the recording instrument in the office of the County Clerk when signed by the Planning and Zoning Commission Chairman or in the case of minor plats, by the City Director of Development Services, Flood Plain Coordinator, and Onsite Sewage Facilities Administrator if OS SF is to be the proposed method of sewage disposal. SECTION 0 FILING FEES (Amended 9/25/07, Resolution No. 2007 -96) 1. a. Preliminary plats shall be accompanied by a filing fee as provided in the most current Fee Schedule. b. Final Plats shall be accompanied by a filing fee a provided in the most current F ll e P Y g � Schedule. c. Vacating plats, amending plats and replats shall be accompanied by a filing fee as provided in the most current Fee Schedule. d. Minor plats shall be accompanied by a filing fee as provided in the most current Fee Schedule. e. Requests for waivers /variance require no fees to be paid. 2. Filing fees shall be made by check to the City of Kerrville, Texas. All fees are nonrefundable 3. The fees and charges set forth and/or established herein may be changed and amended from time to time by resolution of the City Council of the City of Kerrville. City of Kerrville ETJ Development Standards 3 Art. 10 -IV -2 PROCEDURE FOR PLAT APPROVAL SECTION 0 PRELIMINARY PLAT 1. General The applicant shall present to City staff a concept plan prior to the submission of the preliminary plat. The staff shall present the concept plan to the Commission for review and comment. The objective of the concept plan presentation is to clarify ETJ regulations and the comprehensive plan -land use strategy guidelines, as they apply to the parcel of land in question and its proposed subdivision. The concept plan shall include the following information: a. The property's legal description, and location identifying the site in relation to natural water courses, public rights -of -way, and significant landmarks which are located within one hundred feet (100.0') of the boundary of the proposed subdivision; b. Proposed uses, lot layouts, and general land features, to include major grade changes, flood plains, ridge lines, and drainage courses; c. Existing and proposed utilities, streets and drainage facilities or courses. When the proposed subdivision constitutes a unit of a large tract owned by the developer or in which the developer has interest, the Commission may require that the concept plan id‘ntify and include the entire area which is intended to be subsequently subdivided. The presentation, including portions of the larger tract, shall be required to include, at a minimum, the same information as required for the concept plan, except that individual lots need not be Shown so long as the anticipated land uses and development density is presented. The latter shall be used to determine compatibility with street layout, and utility and drainage facility capacities. The preliminary plat as approved will be the basis for the preparation of construction; plans for improvements. The preliminary plat may be given final approval in phases, but if so, each phase given final approval shall conform to the approved preliminary plat. 2. Filing Time The time required to review and process the preliminary plat shall be a maximum of thirty (30) days following receipt of the application and preliminary plat. Plats shall not be docketed for Commission consideration unless those items identified on the Subdivision Planning Check List are furnished. 3. Form and Content The purpose of the preliminary plat is to provide the Planning Commission with adequate information to arrive at a decision on the developer's proposed improvements. The developer shall submit to the City Planning Department ten (10) copies of the preliminary plat drawn to an appropriate scale, and a photocopy of the owner(s) deed. Where necessary, the preliminary plat may be on several sheets accompanied by an index sheet (showing the entire subdivision at a larger scale). In no case may any single sheet of paper be larger than 24" x 36 ". Specific information to be included on the preliminary plat shall consist of: City of Kerrville ETJ Development Standards 4 a. Natural Features (1) The location of any visible existing water courses, dry creek beds, caves, springs, wells, sinkholes and other similar drainage features including existing drainage structures; (2) The limit of the "100- year" flood hazard area boundary and the floodway, as determined by the most current map published by the Federal Emergency Management Agency (FEMA). If neither encroaches upon the subject property, a note to that effect must be placed upon the drawing. (3) Topographic data drawn by survey, aerial photography, or USGS map. The contoured area shall extend outward in all directions along the entire length of the subdivision boundary line for a distance equal to not less than 10 feet nor more than 50 feet in any one direction; provided, however, in the event the developer, his contractors or agents, are unable to gain access to property adjacent to the proposed subdivision for the purpose of obtaining the above - required topographical data as the result of an inability to obtain the consent of the property owner, or the likelihood of injury do persons or property who might go on to such adjacent property, the inability to obtain Such data, and the reason for such inability shall be certified to in writing by the developer and delivered to the Director of Development Services. The Director of Development Services or his designee shall provide reasonable assistance to the developer in gaining access to the adjacent property; provided however, such assistance shall not require the City to obtain any easements or commit the expenditures of any City funds. If', access to the adjacent property cannot be obtained with ten (10) working days after receipt by the Director of Development Services of the certified statement, the requirement Ito extend the contoured area beyond the perimeter of the proposed subdivision shall be waived. b. Improvements The locations, sizes, and descriptions of all existing and proposed improvements within, adjacent to, or for use by the subdivision, whether above or below grade, including but not limited to: (1) gas and petroleum lines; (2) sanitary sewer, storm sewer, and water lines; (3) water towers and wells (4) electrical and telecommunication lines; (5) drainage structures (6) streets and alleys; and ( parks City of Kerrville ETJ Development Standards 5 c. Boundaries (1) The existing property lines of the land to be subdivided shall be represented by a boundary survey performed on the ground by a Registered Professional Land Surveyor, registered in the State of Texas. The survey shall also be in total compliance with "The Texas Board of Professional Land Surveying General Rules of Practice "; (2) The location, dimensions, names, descriptions and recording information as determined from existing records of all public or private easements or right -of- way located within, intersecting with, or contiguous to the proposed subdivision and its boundaries, including, but not limited to, street, alleys, railroad �r pipeline rights -of -way, utility easements. Such easements should be indicated vvhether or not such easements are currently improved. The distance from the ceiterline of the roadway of any adjoining street to the proposed platted property shall also be shown; (3) The location of City limit lines and/or outer border of the City extra - territorial jurisdiction, as depicted on the City's most recent base map, if either traverses the subdivision or is contiguous to the subdivision boundary; (4) The locations, dimensions, names and descriptions of all recorded lots and parks, public areas, natural features to be preserved, and permanent structures within, contiguous to, or within two feet of the subdivision perimeter boundary; (5) The locations, dimensions, and numbers for all proposed lots and blocks; (6) The current owner's name, deed or plat reference, and property lines of property adjacent to the subdivision boundaries; and (7) A legend shall be provided, and all lines, symbols and marking on the plat shall conform to it. The area to be platted shall be drawn in a manner to clearly) distinguish it from other lines on the plat. d. General (1) Date the drawing was prepared, north arrow and graphic scale; (2) Location sketch map drawn to an appropriate scale. (3) The total contiguous acreage held by the owner(s) shall be indicated. Subdivision proposed to be developed in phases shall so indicate. 4. Approval The Planning Commission shall render a decision on the preliminary plat at the meeting for which it is to be considered. Such decision may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to be approval subject to conformity with conditions prescribed by City of Kerrville ETJ Development Standards 6 the Planning Commission, but shall be deemed to be a disapproval of such plat until such conditions are met. Approval of the preliminary plat shall lapse unless a final plat is submitted within one (1) year from the date of initial approval. Approval of the preliminary plat by the Planning Commission shall not constitute acceptance of the final plat, but will be deemed only as expression of approval of the arrangement and approximate size of streets, lots, and blocks. Upon approval by the Commission, a single reproducible copy of the preliminary plat shall be delivered to the Planning Department for placement in city records. SECTION 0 FINAL PLAT 1. General The final plat shall conform substantially to the preliminary plat as approved, and if desired by the developer, it may constitute only that portion of the approved preliminary plat which he proposed to record and develop at the time ; provided that such portion conforms to all requirements of this ordinance, and that the phase of development be indicated. 2. Filing Time The time required to review and process the final plat shall be a maximunji of twenty -one (21) days after receipt of application and final plat, and approved civil construction plans. 3. Form and Content The final plat represents the Planning and Zoning Commission's final opportunity to assure that the development conforms to the requirements of this ordinance and that it is consistent with all the conditions identified in the preliminary plat. The developer shal submit to the City Planning Department ten (10) copies of the final plat for review, drawn at the sane scale as the preliminary plat. Where necessary, the paper submissions may be on sevetal sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show or be accompanied by the following information: a. Natural Features (1) The location of center lines of all waterways intended to convey water from or to adjacent private land owners; (2) The boundaries of all drainage easements and the one hundred (100) year flood plain and designated flood way. If the subdivision or a portion thereof is in a flood -prone area, the developer will be required to comply with provisions of the floodplain management county court orders. This information must be certified by a Registered Professional Engineer with the following statement: "The fully developed, concentrated storm water runoff resulting from the one hundred (100) year frequency storm is contained within the drainage easements shown and/or public rights -of -way dedicated by this plat" City of Kerrville ETJ Development Standards 7 On each buildable lot in said flood plain the required base flood elevation (BFE) shall be indicated. Vertical bench marks tied to USGS Vertical datum of 1929 or the City of Kerrville's Coordinate System, shall be shown on the plat with a maximum horizontal separation of 1,000 feet between benchmarks. b. Boundaries (1) The existing outer boundary lines of the land to be subdivided shall be drawn in such a way as to provide easy identification, and shall comply to the requirements of the preliminary plat. The record calls for course and distance in parentheses along with the measured bearings and distances which have been surveyed shall be provided on the final plat for each individual call. (2) True bearing and distances to the nearest established street right -of -way lines, official monuments, or existing subdivision corner shall be accurately de$cribed on the plat with bearings and distances from adjacent points in the subdi'ision to a known City of Kerrville control point. (3) Identification (whether "found" or "set ") and location of all permanent survey monuments, with a clear description of the size and type of monuments. (4) At least one (1) corner of the subdivision shall be located with respect to a Corner of the original patent survey of which it is a part. (5) The location, bearing, width, purpose, and approved names (if applicable) of existing and proposed streets, alleys, easements, and right -of -way to be dedicated to public use, and lots, with the following data: (a) Complete curve data including deflection angle (A), chord length, cord bearing, radius, arc length, and other data required to reproduce the curve on the ground. (b) All easements must be depicted in graphic matter on the face of the plat, with course and distance. (c) All other lines not intended to be boundary lines (set backs, etc.) shall be labeled accordingly. (6) The minimum surveying requirements shall conform to the accuracy standards set by the "Texas Board of Land Surveying 1992 Act ". c. General (1) Name and location of subdivision, date the drawing was prepared, graphic scale and true north arrow; City of Kerrville ETJ Development Standards 8 (2) Location map at a scale of one inch to one thousand feet; (3) Lot and block numbers including 911 - address for each lot or tract; (4) Certification of dedication of all rights -of -way, easements or property to be dedicated for public use, signed by the owner(s); (5) An agreement waiving any claim for damages against the City of Kerrville or Kerr County, Texas occasioned by the alteration of the surface of any portion of existing streets or alleys to conform to the grade established in the subdivision; (6) Certification by a Registered Professional Land Surveyor, registered in the State of Texas, to the effect that the plat represents a complete and accurate survey made on the ground; (7) Other certificates as needed, as set forth in Art. d. Recording After approval by the Planning Commission, three copies of the approved plat, drawn to the same scale as the preliminary plat on a permanent reproducible medium suitable for recording at the county courthouse, and with the original and notarized signatu#es of the owner(s) shall be presented for the signature of either the Director of Planning or th0 Chair of the Planning and Zoning Commission for recording. One of the three copies shall be returned by the Planning Department to the developer for his records. A drawing providing a complete and accurate representation of the subdivision shill also be submitted in either Drawing Exchange File (.dxf) or AutoCAD (.dwg) digital format. The Digital submission shall meet the same standard as the non - digital submission, except that title blocks, certifications, signature blocks, legends, scales, north arrows and borders shall not be required. The digital submission shall be on a CD or other standard media acceptable to the City of Kerrville. Payment of fees per sheet shall be paid according to the current Fee Ichedule in lieu of the digital submission. This fee shall be used by the City to pay for an independent contractor to convert the paper submission into the digital format. 4. Approval The Planning Commission shall render a decision on the final plat within thirty (30) days of filing of the complete final plat which includes all necessary construction plans. Such decision shall consist of approval, disapproval, or conditional approval subject to certain conditions which, if fulfilled, shall cause the plat to become automatically approved without reappearance before the Commission, but shall be deemed to be a disapproval of such plat until all conditions are met. City of Kerrville ETJ Development Standards 9 Prior to final approval of the plat, the City Engineer and the County Road Administrator shall furnish the Planning Commission with a written certificate approving the proposed construction, plans, or that all improvements have been satisfactorily completed in accordance with these construction standards and specifications. In applicable situations, the City Engineer shall certify to the Commission that the proper irrevocable cash or bond guarantees in the amount of one hundred percent (100 %) of construction costs have been secured as well as a one -year (1 -year) warranty from the owner /developer by the City of Kerrville and /or Kerr County to insure the completion of all improvements required by the Planning Commission. Additionally a one (1) year maintenance bond in the amount of fifty percent (50 %) of the construction cost of all roads and storm drainage facilities, made payabl4 to Kerr County. Upon approval of the final plat and certification by the Chairman of the Planning Commission, the original tracing or a permanent type, reproducible, transparent film and one paper print shall be retained in the files of the City Planning Department. Approval of the final plat by the Planning Commission shall not constitute the acceptance by the public of the construction of any streets, or other public way or ground. If the owner /developer so elects, he or she may request that the Planning Commission, after approval of the preliminary plat and approval of all necessary construction plans by the City of Kerrville and Kerr County Road Administrator, approve the construction of all or a part of the necessary public improvements, prior to final plat approval, then the sufficient cash or bond guarantee shall be provided for the balance prior to final approval of the plat. 5. Minor Subdivision Approval The Planning Director may approve minor subdivision without the necessity of submitting the application for approval to the Planning and Zoning Commission or requiring the developer to obtain approval of a preliminary plat. If the Planning Director determines he cannot or does not desire to approve a subdivision that qualifies as a minor subdivision, the application shall be forwarded to the Planning and Zoning Commkssion for consideration at the next available meeting after proper notice. A subdivision may be considered a minor subdivision if: (1) state law or ordinance does not require that a public hearing be held prior to approval of the subdivision; and (2) the property being subdivided is not part of a larger tract of land, any part of which has been the subject of a previous application for a minor subdivision approved ten years prior to the filing of the application for minor subdivision consideration; (3) the subdivision consist of three or fewer lots; and (4) all lots created by the subdivision abut on a street constructed to then current specifications, unless a waiver or deferral for the upgrade of the street previously obtained in accordance with this chapter; and City of Kerrville ET] Develonment Standards 10 (5) all water, sanitary sewer, and drainage facilities that are otherwise required to be constructed pursuant to this chapter are already in place and meet the regulations then in effect for construction of such improvements; however, the subdivision'' may be considered and approved as a minor subdivision if no storm water drainage study has been submitted or the required storm drainage facilities constructed, provided the plat contains the following note: A drainage study conforming to the applicable drainage specifications shall be submitted to, and approved by, the Flood Plain Administrator. Drainage improvements which adequately address the findings of the study shall be made part of the development on the site, and shall be constructed concurrently with the development of the site. An approved minor subdivision shall constitute a final plat of said subdivision. SECTION 0 VACATING AND RESUBDIVISION/REVISION PLAT 1. General A vacating and re- subdivision plat shall be prepared for re- subdivision as defined in this document. A formal application to the Planning Department shall be submitted for approval by the Planning Commission, and the re- subdivision plat shall be prepared in accordance with this document. 2. Filing Time The time required to review and process a vacating and re- subdivision plat shall be a maximum of twenty -one (21) days. 3. Form and Content The Director of Development Services shall review the vacating and re- subdivision plat to see if it conforms to information on the previously filing plat which is now being vacated and check all changes for compliance with this ordinance. The vacating and re- subdivision plat and accompanying data shall conform to the previously filed plat which it is vacating and incorporate any and all modifications, changes, alterations, and corrections imposed by the re- subdivision process. The vacating and re- subdivision plat shall be drawn to an appropriate scale 24" x 36 ". Where necessary the vacating and re- subdivision plat may be on several sheets accompanied by an index sheet showing the entire subdivision. In addition to the requirements for the final plat, the vacating and re- subdivision plat $hall also include the following: (1) A vacating drawing to show previous plat layout. (2) A plat reference to volume and page number of the previous plat which is now being re- subdivided. City of Kerrville ETJ Development Standards 11 (3) Written evidence of property owner(s) concurrence in accordance with the provisions of Art. 974a of the Vernon's Annotated Civil Statutes for the State of Texas. 4. Approval The Planning Commission shall render a decision on the vacating and re- subdivision plat at the meeting for which it is to be considered. Such decision may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to approval subject to conformity with conditions prescribed by the Planning Commission, but shall be deemed to be a disapproval of such plat until such conditions are met. All conditions made to the vacating and re- subdivision plat, or conditions imposed, shall be furnished to the developer in writing. Upon approval of the vacating and re- subdivision plat and certification by the Chairman of the Planning Commission, the original tracing or a permanent type reproducible, transparent film and one paper print shall be retained in the files of the City Planning Department. Where physical or topographical features may render the design standards identifild to be impracticable, the Planning Commission may authorize a variance from these standards. No final plats will be allowed to be filed until subdivision improvements are constructed or an approved Letter of Credit acceptable to the City and /or County. I All plats in the ETJ require both city and county signatures before filing. SECTION ( ) VARIANCES The City Planning Commission may authorize a variance from these regulations when undue hardship will result from strict compliance. In the granting of a variance, the Commission shall prescribe conditions that it deems necessary to or desirable in the public interest. In arriving at their findings, the Commission shall consider the nature of the proposed use of the land, existing uses of 1abd in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the requested variance on traffic conditions and the public health, safety, conveniOnce, and welfare in the vicinity. Variances shall not be granted unless the City Planning Commission finds one or more of the following: 1. That there are special circumstances or conditions affecting the land involved that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of this land; 2. That the variance is necessary for the preservation of environmental features that would be affected by a strict application of the ordinance. These features would include tree preservation, geologic formations, steep slopes, springs, and other similar circumstances; 3. That the variance would enable a more efficient use of the land of previously subdivided parcels which meet or exceed the area requirements of the City zoning ordinance (deep lots, unusual shape); City of Kerrville ETJ Development Standards 12 4. That the granting of a variance would serve to minimize or correct previous development deficiencies (utility line placement, drainage courses, transmission line location, septic systems); 5. That the variance would enable the developer to orient his lots for greater solar advantage; 6. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area. Such findings of the City Planning Commission, together with the specific facts upon which such findings are based, shall be incorporated into the minutes of the City Planning Commission Meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the developer, shall not be deemed to constitute a hardship. All requested variances form the ordinance shall be submitted in writing at the time of formal application shall of all plats with the City Planning Department. Applications for variance request shall be confined to the criteria established above. Where applications for variance have been denied by the City Planning Commission, the I pplicant shall have the right to appeal the City Planning Commission's decision to the Extra Territorial Jurisdiction Appeals Board (ETJAB). The ETJAB may reverse the decision of the City ;Planning Commission upon appeal of the applicant only by an affirmative vote of not less than a m#ijority of ETJAB. The ETJAB shall consist of one County Commissioner appointed by the Commissioners' Court; one City Councilperson appointed by the City Council; and one member from the gener01 public with working knowledge and experience in the subdivision development field (ie: engineers, srveyors contractors, land developers) to be nominated by the Home Builders' Association in Kerr County (HBA), and approved by both City and County. Additionally, an alternate member !shall be nominated by the HBA, and approved by the City and County to fill the position of the original nominee firlom HBA should a conflict of interest require the original designee to recuse himself/herself from consideration of a particular project. The terms for the appointees to the ETJAB shall be tow (2) years with t limit of two (2) consecutive terms. The ETJAB shall meet upon the written request of an applicant and shall make the Board's determination to grant or deny the applicant's request within thirty (30) days after the applicant's written request is received. Should the ETJAB fail to meet or fail to reach a decision within the prescribed thirty (30) day period, the applicant's request will be automatically granted. All decisions of the ETJAB will be fmal and will be transmitted to the applicant in writing. SECTION 0 STREETS 1. Conformity to the Circulation Plan The location and width of all streets and roads shall conform to the City of Kerrville Thoroughfare Plan. City of Kerrville ETJ Development Standards 13 2. Relation to Adjoining Street System The proposed street system shall extend existing streets or projects at the same or greater width, but in no case less than the required minimum width. 3. Additional Width of Existing Streets Subdivision that adjoins existing streets shall dedicate additional right -of -way to meet the above minimum street requirements. a. The entire right -of -way shall be provided where any part of the subdivision is on both sides of the existing street. b. When the subdivision is located on only one side of an existing street, one -half of the required right -of -way measured from the center line of the existing roadway, shall he provided. In no case shall the resulting right -of -way be less than that shown below. 4. Street Right -of -Way Widths The minimum width of "right -of- way," measured from lot 'line to lot line, shall be as shown on the Circulation Plan and shall not be less than as follows: Type W /Curb, Gutter & Storm Drain W/Ribbon Curb & BO- Ditch Arterial Streets 80 -150 ft. 90 -160 ft. Collector Streets 60 ft. 80 ft. Minor Residential Streets 50 ft 60 ft. Marginal Access Streets 40 ft. 60 ft. Access Streets 40 ft. 60 ft. Alleys 20 ft. 40 ft. In commercial areas where on- street parking may be anticipated the street and rigit -of -way (ROW) widths shall be increased ten (10) feet on each side if needed to provide parking without interference of normal passing traffic. 5. Turn - around (Cul -de -sacs) Minor terminal streets or courts designed to have one II! end permanently closed (cul -de -sac) shall be no more than six hundred (600) feet long unless necessitated by topography. They shall be provided at the closed end with a turn- around having an outside roadway pavement diameter of at least eighty (80) feet and street right -of -way diameter of at least one hundred (100) feet. Where, in the opinion of the Planning Commission, it is desirable to provide for street', access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. Such turn- arounds shall be provided with a paved temporary turn- around having a roadway diameter of a least eighty (80) feet. 6. Topographic Restrictions In cases where topography or other physical conditions make a street of the required minimum width impracticable, the Planning Commission may modify the above requirements. 7. Restriction of Access When a tract fronts on an arterial street or highway, the Planning Commission may require such lots to be provided with frontage on a marginal access street. City of Kerrville ETJ Development Standards 14 8. Reserve Strips There shall be no reserve strips controlling access to streets, except where the control of such strips is definitely placed with the City under conditions approved by the Planning Commission. 9. Intersections Street intersections shall be as nearly at right angles as is possible, and no intersection shall be at an angle of less than sixty (60) degrees. Property line radii at street intersections shall not be less than twenty (20) feet and where the angle of street intersection is less than seventy -five (75) degrees the Planning Commission may require a greater citrb radius. Wherever it is necessary to permit the construction of a curb having a desirable radius without curtailing the sidewalk at a street corner to less than normal width, the property line at $uch street comer shall be rounded or otherwise set back sufficiently to permit such construction. 10. Street Jogs Street jogs with center -line offsets of less than one hundred fifty (150) feet should be discouraged. 11. Horizontal Curves Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets with right -of- ways of sixty (60) feet or more in width, the centerline radius of curvature shall be no less than four hundred (400) feet; on other streets no less than two hundred (200). 12. Street Grades To assure adequate drainage a minimum gradient of 0.35% is ne essar . � Y Maximum grades will vary according to street classification and function. To reduce traffic hazards, grades on minor streets should not exceed 15% and 10% on collector and arterial streets. 13. Tangents A tangent of at least one hundred (100) feet long shall be provided between reverse curves on arterial and collector streets. 14. Street Names Proposed streets which are in alignment with already existing named streets, shall bear the names of existing streets. In no case shall the name for proposed streets duplicate existing streets names or like sounding street names, irrespective of the use of the suffix street, avenue, boulevard, driveway, place or court. Proposed street names should be checked l* the 911 Department to avoid conflict with this requirement. 15. Addressing The 911 Director or his designee shall have the authority to assign street addresses for individual lots or building sites located within the ETJ. A person making application for approval of a subdivision must request and obtain a designation of street addresses by the Planning Director prior to approval of the final plat. To the extent feasible, the assignment of individual street addresses shall be in conformity with the addressing method used by the Kerr Emergency 9 -1 -1 District or its successor entity. SECTION 0 BLOCKS AND LOTS Block length shall not exceed one thousand two hundred (1200) feet maximum 1. Arrangement Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot shall have access to a public or private street. City of Kerrville ETJ Development Standards 15 2. Minimum Size The size, shape and orientation of lots shall be in accordance with the type of development and use contemplated. The minimum size of residential lots shall be as follows: a. Greater than 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 (OSSF) is located. b. Greater than one (1) acre for lots served by a public water system and served by an on -site sewage facility (OSSF) if such OSSF is installed in compliance with the then existing rules of Kerr County for OSSFs. c. Lots served by a community sewage collection system and a public water system shall be at least 6,000 square feet. Lot Sizing Minimum Lot Maximum Density Minimum Lot Width w/ H2O and Sewer 6000 sq ft 4DUA 60' w/ H2O and OSSF 1 acre 1DUA 150' w/ well and OSSF Greater than 5 acres 2DUA 300' I I d. Lots shall have a minimum front footage of: Minimum Footge Access Streets (including marginal access streets w /OSSF)(greater than 1 ac) 150 feet Access Streets (w/both public water & wastewater) 60 feet Minor Residential (w /no public water and w /OSSF) 250 feet Minor Residential w/ s ublic water and w /OSSF 150 feet Minor Residential (w /public water and public waste water) 60 feet Collector Streets - 61 to 120 Lots (w /no public water and w /OSSF) 250 feet Collector Streets - 61 to 120 Lots (w /public water and w /OSSF) 150 feet (May require restricted access) Collector Streets - 61 to 120 Lots (w /public water and public wastewater) 60 feet (Requires restricted access) Arterial Roads - greater than 121 Lots (w /no public water and w /OSSF) 350 feet (May require restricted access) Arterial Roads - greater than 121 Lots (w public water and w /OSSF) 150 feet (Requires restricted access) Arterial Roads - greater than 121 Lots (w /public water and public wastewater) 100 feet (Requires restricted access) e. Driveways shall have the following separations; Type Lot Width Driveway Corner Separation Separation (Edge to Edge) (Center to Center) Arterial 350' w/o shared access 150' 75' 150' w /shared access 150' 75' City of Kerrville ETJ Development Standards 16 Collector - Major 300' w/o shared access 100' 50' 100' w /shared access 100' 50' Collector - Minor 150' w/o shared access 50' 25' 75' w/ shared access 50' 25' Residential* 50' 25' * No direct access on Arterials or Major Collect( rs f. There shall be no more than one single family detached dwelling per subdivision lot. 3. Utility, Drainage, and Access Easement Lines The minimum width of the easement lines dedicated to the public shall be from the property lines and shall be a minimum of tl�e following: Lot Size Front Side Rear Greater than 5 acres 50' 20' 30' Less than 5 acres and greater thanl acre 40' 15' 25' Greater than 1 acre 30' 10' 20' SECTION (C) PARKS, OPEN SPACES, PUBLIC EASEMENTS AND PRESERVATION OF NATURAL FEATURES 1. Parkland Dedication All subdivision plats which are to be approved by the Planning and Zoning Commission shall conform with the City of Kerrville's Parkland Dedication Ordinance. 2. Easements for Public Utilities The Planning Commission may require easements for poles, wires, conduits, storm and sanitary sewers, gas, water or other utility lines, along any neclessary lot lines. Easements of the same or greater width may be required along the lines of or across lots, where necessary for the extension of existing or planned utilities. SECTION 0 DEVELOPMENT OF SENSITIVE LANDS: FLOOD HAZARDS Land " subject to flooding as identified in the Federal Insurance Administration's report entitled "The Flood Insurance Study ", dated January 19, 1982, or the most current update, with accompanying flood hazard maps shall serve as the basis for identifying those lands susceptible to flood conditions. The developer and/or his agent at the pre - application conference stage of preparing the preliminary plat shall establish BFE and floodway elevations. Lands that are to be platted for development which are susceptible to flooding shall be in accordance with current city /county code requirements or county flood plain requirements in the ETJ, in which finished floor elevations shall be established a minimum of one (1) foot above the established flood criteria and/or in accordance with alternatives identified by the Federal Insurance Administration. The Planning Commission shall not approve the subdivision of land if from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed. City of Kerrville ETJ Development Standards 17 1. 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 hydraulics and hydrology analysis; shall be signed and sealed by the registered professional engineer licensed in the State of Texas; and should be prepared using professional standards of practices of the engineering industry. A registered professional engineer shall certify on the Final Plat that all drainage requirements specified by the registered professional engineer were constructed substantial li in accordance with all design criteria submitted and are in compliance with Kerr County /City; of Kerrville ETJ Subdivision Rules and Regulations. Subdivisions with a minimum lot size of twenty -five (25) acres or fewer than five lots shall be exempt from item numbers 3 and 4 below. 2. Subdivision design, layout and construction shall be done to minimize any adverse impact v � p to private property, public property, all easements, and all public or private right -of -way eithler 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. 3. The criteria set forth under this section are intended to provide guidelines for drainage calculations. The registered professional engineer that signs and seals the drainage plans, drainage calculations, drainage structures designs, drainage facilities designs, and all other drainage requirements is responsible for all drainage calculations. a. Subdivision drainage calculations for subdivisions with minimum lot size of greater than five (5) acres. The calculated post- construction runoff flow rates at the point of flows leaving the subdivision for each drainage basin should be calculated based on the area of the predevelopment drainage basin plus or minus any added or subtracted area due to subdivision construction or layout. All runoff flow rate flow calculations shall be done in cubic feet per second (cfs). The runoff flow rate shall be calculated for the five (5), twenty -five (25), and one hundred (100) year storm frequency, respectively. Exit velocity runoff flow rates should not be greater than eight (8) fps from any drainage structure, unless adequate dissipation or armoring is provided. (1) The calculated post- construction runoff rates at the point of flow leaving the subdivision should not exceed the pre- construction runoff rate for the postconstruction drainage basin for each calculated storm frequency. (2) Drainage channels, storm sewers, detention structures or other systems shall be constructed to maintain the flow rates set forth in3.a.(1) above. Vegetative improvements may be considered in calculating the runoff rates within a drainage basin. City of Kerrville ETJ Develonment Standards 1 g b. Subdivision drainage calculations for subdivisions with minimum lot size of less than five (5) acres. The calculated post- construction runoff flow rates at the point of flows leaving the subdivision for each drainage basin should be calculated based on the area of the predevelopment drainage basin plus any added or subtracted are due to subdivision construction or layout. All runoff flow rate flow calculations shall be done in cubic feet per second (cfs). The runoff flow rate shall be calculated for the five (5), twenty -five (25), and one hundred (100) year storm frequency, respectiYely. Exit velocity runoff flow rates should not be greater than eight (8) fps from any drainage structure, unless adequate dissipation or armoring is provided. (1) The calculated post- construction runoff rates at the point of flow leaving the subdivision should not exceed the pre- construction runoff rate 1 for the postconstruction drainage basin for each calculated storm frequency. (2) Drainage channels, storm sewers, detention structures or other device shall be constructed to maintain the flow rates set forth in 3.b.(1) above. \egetative improvements may be considered in calculating the runoff rates within a drainage basin. 4. The drainage area map shall include a prepared plat to a scale of two hundred feetto 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 areas an4 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 where the road changes grade of more than three (3) percent; at all points where the road changes direction of less than 120 degrees and where the water enters another road or storm sjewer or drainage ditch. - Three (3) sets of 24 "x 36" or 22 "x 34" copies of the plat, the plan, and all backup material and calculations shall be submitted to the Director of Development Services. 5. Drainage plans shall include and show construction details, calculations showing the anticipated storm water runoff, including watershed area, percentage and velocity of runoff, and time of concentration. 6. No corrugated metal pipe less than 18 inches in diameter or comparable flow area sha11 be used, including driveway crossings without written approval of Road & Bridge administrator. 7. Drainage easements shall be provided as necessary and shall be maintained by the property owner unless specifically noted on the Final Plat. City of Kerrville 1,T.T Development Standards 19 8. All drainage structures crossing roads within a subdivision shall be sized based on calculated storm frequency as established by standard engineering practices as follows: a. Ten (10) year for equalizer and minor drainage channel culverts that drain an ;area from one (1) to ten (10) acres. b. Twenty -five (25) year for medium drainage channel culverts that drain an are4 from eleven (11) acres to fifty (50) acres or unnamed stream tributary culverts. c. One hundred (50) year for major channel that drain an area from 5 acres to 200 acres, and named stream culverts. d. One hundred (100) year for river crossing culverts or bridges. 9. All drainage structure installation and construction shall be inspected and tes d during construction to insure installation and construction is in accordance with the appro ed plans and design. Inspections and testing should be performed by or under the directi n of the County at the sole cost and expense of the developer. Inspections and testing sha 1 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 and the City of Kerrville within 15 days of completion of to ting. All test results must be submitted to the county and the City of Kerrville at least 15 d ys prior to the request for Final Plat approval. The County Subdivision Administrator an City of Kerrville shall be notified in writing 48 hours prior to any inspections and testing. All drainage structures shall be covered by a performance bond during construction and a maintenance bond after construction with the follow terms: One bond from developer or general contractor for all subdivision work with a 1 -year warranty. 11. Driveway crossings shall be sized by the engineer who prepared the drainage plans ai id shall be based on calculations for the storm frequency as shown in Section , above. SECTION C) DEVELOPMENT STANDARDS FOR ETJ SUBDIVISIONS 1. Exception to Minimum Development Improvements. If the average size of all lots in a proposed residential subdivision is greater than five (5) acres, a developer may request, and the Planning and Zoning Commission may approve, a final plat that does not comply with the minimum development improvements standards required by Section ( ), above, provided, however, said standards may only be modified as follows: a. Street Width and Construction: Except where a development is extending existing streets or is accessing streets currently in the city limits, streets may be constructed to the following minimum standards: (1) Streets which are not identified on the City's Thoroughfare Plan and which provide direct access to Residential Streets, must be dedicated to the public with not less than that shown in Section of right -of -way shall be constructed with: City of Kerrville ETJ Development Standards 20 (a) six inches (6 ") minimum of scarified and re- compacted stabilized subgrade not less than thirty-four feet (34') in width, and (b) eight inches (8 ") of compacted flexible base not less than thirty -four feet (34') in width; and (c) a two- course penetration of an asphalt and aggregate surface treatment or 4 one and one -half inch (1.5 ") hot mix asphalt concrete (HMAC) surface overlaying a one - course penetration of an asphalt and aggregate surface treatment of no less than thirty feet (30') in width (back of curb to back of curb); (d) a ribbon curb along both sides of all paved roads, streets, and alleys (Ii* curb and gutter with storm drainage is elected no ribbon curb is required). (2) Streets which are identified as Collector Streets on the City's Thoroughfare an, as amended, must be dedicated to the public with not less than that shown in Section of right -of -way and shall be constructed with: (a) six inches (6 ") minimum of scarified and re-compacted stabilized ed subgra4 not less than forty -four feet (44') in width, or as needed, and (b) ten inches (10 ") of compacted flexible base not less than forty -four feet (44') in width; and (c) a one and one -half inch (1.5) hot mix asphalt concrete (HMAC) Surface overlaying a one - course penetration of an asphalt and aggregate surface treatment of not less than forty feet (40') in width (back of curb to back of curb). However widths shall be designed to carry future anticipated traffic loads. (d) a ribbon curb along both sides of all paved roads, streets, and alleys (If curb and gutter with storm drainage is elected no ribbon curb is required). (3) Streets which are identified as Arterial Streets on the City's Thoroughfare P1n, as amended, must be dedicated to the public with not less than that shown in Section of right -of -way and shall be constructed with: (a) six inches (6 ") minimum of scarified and re- compacted stabilized subgrade not less than forty -four feet (44') in width, or wider if needed to match City of Kerrville Thoroughfare Plan; and (b) ten inches (10 ") of compacted flexible base not less than forty -four feet (44') in width, or wider if needed to match City of Kerrville Thoroughfare Plan; and (c) a one and one -half inch (1.5) hot mix asphalt concrete (HIVIAC) surface overlaying a one - course penetration of an asphalt and aggregate surface treatment of not less than a minimum of forty feet (40') in width (back oI curb to back of curb), however widths shall be required to be designed to carry future anticipated loads; City of Kerrville ET.T Develnnment Standards 21 (d) a ribbon curb along both sides of all paved roads, streets, and alleys (If curb and gutter with storm drainage is elected no ribbon curb is required). (4) Dead End Streets shall be platted and constructed so that the street can be extended into the next tract of land if and whenever that property is developed or fqr the purpose of allowing for an extension of a Collector Street or an Arterial Street identified on the City's Thoroughfare Plan; provided, however, if it is determined that a street cannot reasonably be extended, such Dead End Street shall not provide direct access to more than twenty (20) lots. b. Water Supply Systems. All proposed subdivisions within 2000 feet of existi City owned water mains, and developing a centralized water utility service, must be served by the City owned system unless City releases service area. If the proposed subdivision or development is located more than 2000 feet from the nearest City -owned water main, the subdivision may be served by: (1) individual water wells located on each residential lot greater than five (5) acres; or (2) a central water distribution system not connected to the City's water system, provided such system is installed in accordance with engineering design standards established by the City of Kerrville for its own water facilities. In either case, such system(s) shall be designed per City of Kerrville Standard Specifications, inspected and approved by the City of Kerrville, and, if required, by any agency or subdivision of the State of Texas or the United States Government having jurisdiction over such matters. At the time of plat application, the developer must indicate the method by which water service will be provided to the subdivision, and, if using a central water distribution system, submit all plans for such system to the City Engineer for approval prior to construction. c. Waste Water and Sewage Disposal Systems. All proposed subdivisions within 2000 eet of existing City owned waste water mains, and requiring centralized was a water utility service, and must be served by the City owned system unless City releas s service area. If the proposed subdivision or development is located more than 2000 feet I from the nearest City -owned sewage disposal main, the subdivision may be served by: (1) individual on -site sewage disposal systems; must be inspected and approved by the Kerr County Environmental Health Department, and if required, by any agency or subdivision of the State of Texas or the United States Government having jurisdiction over such matters. If the developer proposes to use individual on -site sewage disposal systems with the development and individual private water wells, then in no case shall any single lot within the proposed subdivision be less than five (5) acres. If a public water system and OSSF systems are used then in no case shall the lot size be less than one (1) acre. At the time of plat application, the developer must indicate the method to be used for providing sewage and waste water disposal and, if using a central sewage disposal system, submit all plans for such system to the City Engineer for approval prior to construction; or City of Kerrville ETJ Development Standards 22 (2) a central sewage disposal and waste water treatment system not connected to the City's sewage disposal system. Such system shall be designed per City of Kerrville Standard Specifications, inspected and approved by the City of Kerrville.] Plans for the aforementioned system shall be approved by the City Engineer prior to beginning construction. d. Underground Utilities. Installation of electric, telephone, and cable television facilities Shall not be required before approval of a final plat. All underground utilities must be installed prior to final plat. e. Sidewalks and Street Lights Requirements. Except where a development is extending existing or accessing streets currently in the city limits the re from street lighting and sidewalks is waived. However all collector and arterial streets shall have sidewalks on one side only, and conduit for street lighting shall be installed. ,!I City of Kerrville ETJ Development Standards 23 Art. FORMS Form 1. Certificate of Ownership and Dedication I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish the minimum building restriction lines, and dedicate all public streets, alleys, walks, parks and other open spaces to public use as noted. 20 Owner Notary Public Form 2 Registered Public Surveyor's Certificate KNOW ALL MEN BY THESE PRESENTS: That I (name of surveyor) , do hereby certify that I made and actual and accurate survey on the ground of the hereon platted land that the corner monuments shown hereon where properly placed under my personal supervision, in accordance with the Subdivision Ordinance of the City of Kerrville, Texas 20 Registered Professional Land Surveyor (Seal) Form 3 Certificate of Approval for Recording I hereby certify that the subdivision plat shown hereon has been found to comply with the Standard ETJ Subdivision Regulations for Kerrville and Kerr County, Texas, with the exception of such variances, if any as are noted in the minutes of the Planning Commission and that has been approved for recording in the office of the County Clerk. , 20 Chairman, Planning Commission City of Kerrville ETJ Development Standards 24 Form 4. Certificate By Administrator of On -Site Sewage Facilities I hereby certify that this proposed subdivision is subject to complying with the rules and regulations of the State of Texas and Kerr County On -Site Sewage Facilities. Individual OSSF system selection will be made in conjunction with the site evaluation with respect to the individual site permitting process, in accordance with the 30TAC, Chapter 285, OSSF Rules ,20 (Print Name) Designated Representative for Kerr County OSSF 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. All lots in this subdivision are required to comply with all current and future OSSF regulations adopted by Kerr County. Individual OSSF systems selection must be made in conjunction with the Site Evaluation with respect to the individual site permitting process, in accordance with the 30TAC 285 OSSF rules." Form 5 Certification of the approval of Streets and Utilities I hereby certify that: (1) That streets, utilities and other improvements have been installed in an acceptable manner and according to City of Kerrville and Kerr County ETJ Standard Specifications in the subdivision entitled (Subdivision Name) (2) That a surety bond in the amount of one hundred percent (100 %) of construction costs/ $ has been deposited with the City of Kerrville and /or Kerr County for a one year (1 year) warranty to assure completion of all required improvements in case of default. , 20 City Engineer or Approving Agent City of Kerrville ETJ Development Standards 25 Form 6 Waiver of Claims for Damages In accordance with Art. 10 -IV -2 of the Code of Ordinance of the City of Kerrville, Texas, and in consideration of the approval of (Name of Subdivision), (Owner of Subdivision) does hereby Waive any and all claims for damages against the City of Kerrville, Kerr County, Texas, occasioned by the establishment of grades or that alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the above named subdivision. , 20 Name of Owner of Subdivision Form 7 Certification of Street Names and Addresses (Amended 7/22/08, Resolution No. 2008 -58) I hereby certify that subdivision plat entitled (Subdivision Name) meets with approval by the 911 Director, regarding street names and addresses meet the City Master grid $ystem for house numbers assigned by City of Kerrville Planning Department. ,20 911 Director or Approved Agent Form 8 Certification of Subdivision Location That I, (name of Surveyor) hereby certify that the above named subdivision in within the ETJ of the City of Kerrville, Kerr County, Texas, in accordance with the City's official map. ,20 Registered Professional Land Surveyor (Seal) Form 9 Storm Drainage Certificate That I, (name of Engineer) hereby certify that all storm drainage structures have been constructed according to the approved construction specifications and drawings. ,20 Registered Professional Engineer (Seal) City of Kerrville ETJ Development Standards 26 Art. DEFINITIONS AND TERMS As used in this ordinance, the following definitions shall apply unless the context clearly indicates otherwise: 1. Block A "block is an land designation consisting of a lot or lots that may be surrounded by public streets, public parks, cemeteries, or other natural or man -made physical features that disrupt what would otherwise be an unbroken landscape. 2. Building A "Building" is any structure which is built for the support, shelter, or enclosure of persons, animals, machinery, equipment, or movable property of any kinds. 3. Building Line or Building Setback Line The teen "Building Line" or "Building Setback Dine" shall refer to a line parallel to the street right -of -way line and defines an area on the building lot between the street right -of -way lines and the building line within which no building shall be constructed. 4. Circulation Plan The term "Circulation Plan" is the master plan of major and secondary streets and highways and which is a component part of the City's Comprehensive or Master Plan with any and/or amendments as adopted by the City, Planning Commission and Council. 5. Community Sewage System A 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 collection, treatment, and disposal of sewage. (Amended 8/28/07, Ordinance No. 2007 -14) 6. Comprehensive Plan The term "Comprehensive Plan" and any amendments, or supplements hereto, which have been adopted in principle by Planning Commission shall be used as a for future development of the City of Kerrville, Texas, and its surrounding areas. 7. Corner Lot The term "Corner Lot" means a lot or parcel of land bound on two (2) sides, usually at a 90 degree angle, by public streets 8. Crosswalk A public right -of -way not more than six (6) feet in width between property lines which provides pedestrian circulation. 9. Developer The word "Developer" shall have the same meaning and effect as the term "Subdivision" referred to in these definitions. 10. Development The term "Development" shall have the same meaning and effect as the term "Subdivision" referred to in these definitions. 11. Double Front Lot A "Double Front Lot" means a building lot, not a corner lot, which has frontage on two (2) streets that are parallel or within forty -five (45) degrees of being parallel to each other. City of Kerrville ETJ Development Standards 27 12. Easement The word "Easement" means a strip of land reserved for the use of the public by the grantor, for the installation and maintenance of utilities, drainage ways, or public access to open space or for bicycling or other recreational uses. 13. Extra - Territorial Jurisdiction (ETJ) The term "Extra- Territorial Jurisdiction (ETJ)" is that area which is contiguous to the corporate limits to the City of Kerrville as stipulated in the Texas Municipal Annexation Act as amended 14. Final Plat The term "Final Plat" shall refer to the map or plat of a proposed subdivision submitted to the City Planning Department for approval by the Planning Commission, and said plat shall be prepared in accordance with this ordinance. 15. Final Plat Approval The term "Final Plat Approval" shall mean approval by the Planning Commission to begin construction, with possible stipulations, if any, to be met prior to beginning such construction. 16. Front or Frontage The term "Front" or "Frontage" shall be that portion of a tract of land Which abuts on a street to which it has direct access. 17. HMAC An abbreviation for Hot Mix Asphalt Concrete (Amended 8/28/07, Ordinance No 2007- 14) 18. Lot The word "Lot Depth" refers to a physically undivided tract or parcel of land having access to a street and which is, or in the future may be, offered for sale, conveyance, transfer; lease, or improvement, which is designated as a distinct and separate tract and may be identified by a lot number or tract symbol on an approved subdivision plat which has been properly recorded. 19. Lot Depth The term "Lot Depth" is the length of a straight line connecting the mid -point of the front and rear lot lines. 20. Lot Width The term "Lot Width" is the average length of the front and rear property lines. 21. Master Plan The term "Master Plan", or Comprehensive Plan is a plan which has been adopted in principle by the City Planning Commission and serves as the guide for future developmlent of the City of Kerrville, Texas, and its surrounding areas. 22. May The word "May" is permissive. 23. Off -Site Improvements All required improvements beyond the property limits of the subdivision. 24. - On -Site Improvements All required improvements within or contiguous to the proposed subdivision. 25. Open Space The term "Open Space" shall apply to public and private property under public or common ownership designated for recreational use, private park, play lot area, building setback and ornamental areas open to general view within the development, areas to be retained for City of Kerrville ETJ Development Standards 28 views and vistas, wild -life preserves, and land set aside for drainage ways. No parking shall be permitted in lands defined as open space. 26. OSSF (On -Site Sewage Facility) An on -site sewage system capable of complying with the current rules and regulations of the State of Texas and Kerr County." (Amended', 8/28/07, Ordinance No. 2007 -14) 27. Pavement Width The term "Pavement Width" means the portion of the surface of a street available for vehicular traffic. Where curbs are laid, "Pavement Width" shall be measured from back of curb to back of curb. In the absence of curbs it is that portion of vehicular improvements. 28. Person The term "Person" means any individual, association, firm, corporation, governmental agency, or political subdivision. 29. Plat The term "Plat" means a map drawing, or plan identifying the layout of a subdivision; which is submitted for approval. 30. Pollution The term "Pollution" shall mean any substance which would generate, produce' or discharge any matter or thing into the atmosphere, surface of land, or water courses, (including noise or odor) offensive to a person of ordinary sensibilities. 31. Preliminary Plat The term "Preliminary Plat" means the first or introductory plat of a proposed subdivision submitted to the Planning Commission. 32. Preliminary Plat Approval The term "Preliminary Plat Approval" shall mean the approval, by all departments including the Planning Department, in conjunction with the approval of the Planning Commission. 33. Replat The term "Replat or Revision of Plat" shall have the same meaning and effect as the term "Subdivision" as referred to in these definitions. 34. Shall The word "Shall" is mandatory. 35. Sidewalk The word "sidewalk" means a paved pedestrian way extending the entire length of a block parallel to a street right -of -way line. Sidewalks shall be constructed within the right -of- way. 36. Street The word "Street" means a right -of -way which provides vehicular circulation and access to adjacent property. a. An Arterial street means a principal traffic artery or traffic way, having continuous routing over long distances, whose function is to serve as a principal connecting street with state and federal highways, and shall include each street designated as a thoroughfare or street on the Circulation Plan. b. A Collector street means a street whose function is to collect and distribute traffic between major thoroughfares and minor streets, is not necessarily a continuous routing for long City of Kerrville ETJ Development Standards 29 distances, has intersections at grades and provides direct access to abutting property, and shall include each street designated as a secondary street on the circulation plan. c. A Minor street means a street whose prime function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distances to discourage through traffic. d. Marginal access street means a street whose function is to provide a buffer between a subdivision frontage on an arterial street or highway. The purpose of these streets are to permit better through traffic movement along arterials while preserving low density residential living environments. e. Access street means a street providing access to cluster housing units limited to ten (10) dwelling units or less. Access streets provide direct vehicular access to individual garages, drives, or common parking court. f An "Alley" is a minor right -of -way which provides a secondary means of vehicular access to abutting properties for delivery or public service purposes. 37. Subdivide /Subdivision The dividing of a tract of land into two or more parts by using metes and bounds description in a deed conveyance, a contract for deed, a lease, or by another manner, for the purpose of: 1. Laying out a subdivision of any tract of land or any addition to the City; or 2. Laying out suburban lots or building lots or any lots; or 3. Laying out streets, alleys or parks or other portions intended for public use or the use Of the purchasers, owners or lessees of lots fronting thereon or adjacent thereto. 38. U.G.R.A. The term conveniently used to identify the Upper Guadalupe River Authority. City of Kerrville ETJ Development Standards 30