GUADALUPE COUNTY SUBDIVISION REGULATIONS · 9/5/2017 · II. REGULATIONS AND GUIDELINES 8 A....

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GUADALUPE COUNTY

SUBDIVISION

REGULATIONS

Approved by the Guadalupe County Commissioner's Court on: Sept 5, 2017

GUADALUPE COUNTYCONTACT INFORMATION

Environmental Health Department2605 N. Guadalupe St., Seguin, TX 78155

Road & Bridge Department2605 N. Guadalupe St., Seguin, TX 78155

Fire Marshal / Emergency Management Office101 E. Court St., Seguin, TX 78155

County Clerk's Office211 W. Court St., Seguin, TX 78155

County JudgeKyle Kutscher

Guadalupe County Commissioners'101 E. Court St., Seguin, TX 78155

Greg Seidenberger, Precinct 1

Jack Shanafelt, Precinct 2

Jim Wolverton, Precinct 3

Judy Cope, Precinct 4

(830) 303-4188(830) 303-8858

(830) 303-4188(830) 379-9721

(830) 303-8856

(830) 303-4188

(830) 303-4188

(830) 303-4188

(830) 303-4188

(830) 303-4188

(830) 303-4188

Ext. 1250

Ext. 1270

Ext. 1239

Ext. 1311

Ext. 1314

Ext. 1362

Ext. 1313

Ext. 1329

TABLE OF CONTENTS Page #APPLICATION FOR SUBDIVISION PLAT CONSIDERATION vi

PRELIMINARY PLAT CHECKLIST 1

FINAL PLAT CHECKLIST 3

I. DEFINITIONS 4

II. REGULATIONS AND GUIDELINES 8

A. Authority 8

B. Purpose and Priorities 8

C. Variances 9

D. Denial of Driveway Permits to Owners Not In Compliance 9

E. Application fees 9

III. GENERAL SUBDIVISION REQUIREMENTS 10

A. General Requirements 10

B. Subdivision Approval Process 10

C. Transmittal Materials 10

D. Communication with Precinct Commissioner 10

E. Notification Requirements 11

F. Application Materials 11

G. Record Plat 11

H. Application Review Periods 12

I. Technical Review Procedure 12

J. Wastewater Development Periods 12

K. Subdivision that fronts on any State Highway 13

L. Commercial and Public Buildings 13

M. Lot Restrictions 13

11

IV. EXEMPTIONS TO PLAT REQUIREMENT 14

V. REQUIREMENTS FOR PRELIMINARY PLAT APPROVAL 16

A. General Information 16

B. Floodplain and Drainage Information - Drainage Study 16

C. Street and Right-of-way Information 21

D. Sewage 21

E. Utilities Information 21

F. Approval of Preliminary Plat 21

VI. REQUIREMENTS FOR FINAL PLAT APPROVAL 22

A. General Information 22

B. Floodplain and Drainage Information 22

C. Street and Right-of-way Information to be provided 23

VII. REVISION / CANCELLATION OF A SUBDIVISION PLAT 25

A. Revision Process 25

B. Notification Requirements 25

VIII. CONSTRUCTION AND DRAINAGE REQUIREMENTS FOR ROADS 26

A. General Requirements 26

B. Compliance, Inspection, Testing 27

C. Minimum Requirements 28

D. Drainage 29

E. Sub-Grade 29

F. Base Material 30

G. Construction Methods for Base Application and Ribbon Curb 31

H. Pavement 32

I. Construction Methods for Pavement 33

J. Two Course Surface Treatment Pavement 34

111

K. Traffic Signs and Guard Posts 34

L. Traffic Sign Requirements 34

i^. Street Name Signs 35

N. Street Sign Requirements 35

O. Speed Limit Signs 35

P. ''U" Channel Posts 35

Q. Guard Post Requirements 35

R. Right-of-way Erosion Control 36

S. Final Inspection and Acceptance 37

T. Guarantee against Defective Work 37

U. Maintenance Bonds 38

V. One Year Maintenance Bond Release 38

W. Private Roads and Streets in a Subdivision 38

IX. UTILITIES 39

A. General 39

B. Water 39

X. SEWAGE 40

A. Public Sewage Facilities 40

B. On-Site Sewage Facilities 40

C. Lot Size Determination 40

XI. FLOODPLAIN/FLOODWAY 40

XII. STANDARDS FOR MANUFACTURED HOME RENTAL COMMUNITIES 41

SECTION I - INFRASTRUCTURE DEVELOPMENT PLAN 42

SECnON II - ENGINEERING REPORT FOR RENTAL COMMUNITIES 46

APPLICATION FOR RENTAL COMMUNITIES 49

IV

XIII. ENFORCEMENT; PENALTIES 50

A. Enforcement 50

B. Penalties 50

APPENDIX A - Guadalupe County Major Thoroughfare Plan (Map 10-2012) 51

APPLICATION FOR SUBDIVISION PLAT

CONSIDERATION

GUADALUPE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT

P: 830-303-8858 / F: 830-372-3961

Please allow fifteen (15) business days for review

NOTE: The County's time frame for approval/disapproval of a platdoes not begin until submission of a preliminary plat.

Date:

Precinct #:

Name of Owner:

Mailing Address:

Attached Proof of 4'x6' Billboard? Yes No

School District:

Email Addr:

City/St/Zip:

Day Phone ( )_ / Fax( )

Name of Developer:

Mailing Address: _

Day Phone ( )_ / Fax(

City/St/Zip:

)

Have you filed Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity Permit andthe associated fees with Texas Commission on Environmental Quality (TCEQ)? Yes No N/A

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Name of Proposed Subdivision:

Size & Location of Original Track:

Name of Nearest Public Road/Street to Subdivision:

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Name of Surveyor/Engineer:

Mailing Address:

Day Phone )_

City/St/Zip:

/ FaxC

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Utility Service Providers:

Water:

Owner Signature

Approval by Director of Environmental Health

Septic or Sewer:

Electric:

Date

Date:

VI

PRELIMINARY CHECK LIST

The following checklist is for the use of a Developer in ascertaining initial compliance with theGuadalupe County Subdivision Regulations and assisting the Commissioners' Court (the "Court") inprocessing an application under the Rules. This list does not supercede or replace theSubdivision Rules and each applicant must comply with the Subdivision Rules, as thev are

amended from time to time. The General Criteria established throughout this document establishminimum criteria. If the requested subdivision deviates in any substantive way from these criteriaestablished herein, a variance from the Court is required. This completed list should be presented tothe Court with each preliminary plat.

Please provide the appropriate response below with a ''yes" or ''no" or "not applicable":

1. Have you included one blue line copy of the preliminary plat with your application?Yes No N/A

2. Have you submitted a digital copy of the preliminary plat to the Guadalupe CountyEnvironmental Health Director?

Yes No N/A

3. Is any part of the proposed subdivision in the extraterritorial jurisdiction of an incorporatedmunicipality?Yes No N/A

* Guadalupe County has an Interlocal Agreement with the Municipalities in the County. Most ofthose Interlocal Agreements defer to the Municipality for Subdivision Plat approval. If youranswer to No. 3 above was "Yes", contact the Guadalupe County Environmental HealthDepartment to determine whether to proceed further.

4. If you are seeking any variances from the requirements of the Guadalupe County SubdivisionRegulations, have you obtained approval from the Court?Yes No N/A

5. Is any portion of the proposed subdivision within the 100-year Floodplain and/or Floodway?Yes No N/A

6. If so, is the Floodplain/Floodway indicated on the plat?Yes No N/A

7. Will the roads, streets and alleys of the subdivision be dedicated to the public?Yes No N/A

8. If your answer to No. 7 above was "Yes", will those roads, streets and alleys be conveyed toGuadalupe County for maintenance? ?Yes No N/A

*If the roads, streets and alleys, and other common elements are to remain private, or willotherwise not be conveyed to Guadalupe County for maintenance, then on a separate sheetof paper, identify the person, persons or entity that will have title ownership of the roads,streets, alleys and other common elements and identify the methodology that will be in placeto insure maintenance.

9. Will a gate or other device to control access barricade the entrance to the subdivision?Yes No N/A

*A Knox Box key must be made available to the Guadalupe County Fire Marshal's OfRce andmust be installed at ail access points for the subdivision.

10. If the subdivision is to be a controlled access (gated) community, have you provided for aKnox Box and Emergency Response Key, and letters from EMS, Law Enforcement, and FireDepartments?Yes No N/A

12. Will there be any commercial or public buildings constructed within the proposed subdivision?Yes No N/A

13. If the proposed subdivision plans include commercial or public buildings, have you obtained abuilding permit from the Guadalupe County Fire Marshal's Office?Yes No N/A

14. Have you included a Letter of Approval for the proposed street names from theGuadalupe County Road & Bridge Department?Yes No N/A

15. Will the proposed subdivision be served by a municipal or quasi-municipal (public) watersystem?Yes No N/A

16. Will the proposed subdivision be served by private water wells?Yes No N/A

17. If the proposed subdivision is to be served by private water wells, have you obtained thenecessary evidence that potable water is available for each tract?Yes No N/A

18. Will the proposed subdivision be served by a municipal or quasi-municipal sewage disposalsystem?Yes No N/A

19. Will the proposed subdivision be served by On-Site Sewage Facilities (OSSF)?Yes No N/A

20. If each lot is to be served by private water well and OSSF, is each lot at least one acre?Yes No N/A

21. If applicable, have you included a written site evaluation identifying the design and type ofOSSF septic systems required for the proposed subdivision?Yes No N/A

22. Have you obtained the approval from all utility companies that will serve the subdivisionrelative to the location of all utility easements and are those easements reflected on the Plat?Yes No N/A

23. Have you included a Drainage Study?Yes No N/A

FINAL CHECK LIST

No Final Plat shall be approved unless It is found to be in full compliance with all applicableregulations of the Guadalupe County Subdivision Regulations with the approved PreliminaryPlat, and all fees have been paid.

Please provide the appropriate response below with a "yes" or "no" or "not applicable":

1. Have you Included one blue line copy of the final plat with your application?Yes No N/A

2. Have you submitted a digital copy of the final plat to the Guadalupe CountyEnvironmental Health Director?

Yes No N/A

3. Have all appropriate bonds been delivered to the County Judge prior to final approval inaccordance with Texas Local Government Code Section 232.004?

Yes No N/A

4. If applicable, have you filed a Notice of Intent (NOI) for Storm Water Discharges Associatedwith Construction Activity with Texas Commission on Environmental Quality (TCEQ) to procurea permit and paid associated fees?Yes No N/A

5. Have you included Construction Drawings?Yes No N/A

6. Have you Included a current tax certificate showing that all taxes currently due with respect tothe original tract have been paid?Yes No N/A

Guadalupe CountyRegulations

ARTICLE I

DEFINITIONS

Certain terms used in these Subdivision Rules are defined as follows:

1. 10 Year Flood Event - a flood that statistically has a 10 percent change ofoccurring in any given year. More specifically, a flood event that has an AnnualExceedance Probability (AEP) of 0.10.

2. 25 Year Flood Event - a flood that statistically has a 4 percent change ofoccurring in any given year. More specifically, a flood event that has an AnnualExceedance Probability (AEP) of 0.04.

3. 100 Year Flood Event (a/k/a 100 Year Flood Zone) - a flood that statisticallyhas a 1 percent chance of occurring in any given year. More specifically, a floodevent that has an Annual Exceedance Probability (AEP) of 0.01. Any referenceherein to a "100 year flood zone" would be a reference to the 100 year flood zonedefined by the Federal Emergency Management Agency and approved byGuadalupe County.

4. Building Set-Back-Lines - the lines within a property defining the minimumhorizontal distance between a building and the adjacent property line.

5. Common Area/Common Elements - includes all of the project property in acondominium declaration, except the individual condominium units.

6. Condominium - the separate ownership of single units or apartments In amultiple structure or in structures with common elements.

7. Condominium Project - a plan or project whereby 4 or more apartments, rooms,office spaces, or other units existing or proposed buildings or structures areoffered or proposed to be offered for sale or lease.

8. Condo Share - Time-share with respect to a condominium unit.

9. Contour Lines - elevation lines drawn upon the plat illustrating generaltopography and drainage flow.

10. County - Guadalupe County, Texas.

11. Dedicate or Dedication - the express, written transfer of property from privateto public ownership.

12. Developer or Applicant - The owner of lands presenting a subdivision plat orInfrastructure Development Plan for a Manufacture Home Rental Community tothe County for consideration under these rules and responsible for compliancetherewith.

13. Drainage Easement - All natural and manmade watercourses, conduits, andstorage basins that must remain unobstructed in order to prevent flood damage.

14. Extraterritorial Jurisdiction (ETJ) - authority granted to municipalities toexercise development regulations for a speciflc distance outside its boundaries inunincorporated areas.

15. Garden Home - a single family dwelling that might be built directly adjacent toone side of a property line of an approved Garden Home subdivision.

16. Lot or Tract - an tract or parcel of land having frontage on a public or privatestreet and which is, or in the future may be, offered for sale, conveyance, transfer,or improvement, which is designated as a distinct and separate tract and/or whichis identifled by a lot or tract number or symbol on a duly approved subdivision platwhich has been properly filed.

17. Manufactured Home Rental Community - a tract of land that is separated intotwo or more spaces or lots that are rented, leased, or offered for rent or lease,without a purchase option, for the placement of manufactured homes for use andoccupancy as residences.

18. Pavement width - the paved portion of a street available for vehicular traffic.

19. Plat - A subdivision plan submitted for preliminary or final approval to theCommissioners' Court in conformity with the provisions of these rules and which, ifgiven final approval, will be submitted to the County Clerk of Guadalupe Countyfor recording. An Amended or Revised plat will be considered a ''plat" as definedherein.

20. Public sewage system - any publicly or privately owned system for thecollection, treatment, and disposal of sewage that is operated in accordance withthe terms and conditions of a valid waste discharge permit issued by the TexasCommission on Environmental Quality (TCEQ).

21. Public or private owned water system - a system for the provision to thepublic of piped water for human consumption, if such system has at least 15service connections or regularly serves an average of at least 25 Individuals dailyat least 60 days out of the year. Such term includes (1) any collection, treatment,storage, and distribution facilities under control of the operator of such system andused-primarily in connection with such system, and (2) any collection orpretreatment storage facilities not under such control, which are used primarily inconnection with such system. A public water system is either a "CommunityWaterSystem" or a "Non-Community Water System." Without excluding other meaningsof "Individual" or "Served", an individual shall be deemed to be served by a watersystem if he resides in, uses as his place of employment, or works in, a place towhich drinking water is supplied from the system.

22. Public Utility Easement - easement dedicated by the Owner/Developer of theproposed subdivision in perpetuity for the installation and maintenance of utilitiesand all the necessary appurtenances thereto installed above, on, or below thesurface f the ground.

21. Recreational Vehicle - a vehicle primarily designed as temporary living quartersfor recreational camping or travel use. The term includes a travel trailer, parkunits, camping trailer, truck camper and motor home.

22. Recreational Vehicle Park (RV Park) - means any lot, tract or parcel of landupon which accommodation is provided for three or more recreational vehicles usedas living or sleeping quarters by the day, week or month whether a charge isor is not made for the use of the lot, tract or parcel.

23. Residential Use - the term 'Yesidential use" shall be construed to include single-family residential uses, two-family uses, and multi-family residential i.e.apartments, townhouses, or condominiums.

24. Right-of-way - that portion of a public or private subdivision dedicated to publicor private use for streets and roads.

25. Shall and May - the word "shall" is mandatory and the word "may" is permissive.

26. Should and Will - the word "should" is a recommendation and is not mandatory;the word ''will" is mandatory.

27. Street (Road) - a public or private thoroughfare, which provides vehicular accessto adjacent land.

28. Streets (Arterial)- serve high volume through traffic from collector and SecondaryStreet with considerable route continuity usually at higher constant speeds.

29. Streets (Connector)- intermediate streets that serve to connect secondary streetswith arterial streets.

30. Secondary Streets- serves primarily to provide access to property abutting thepublic right-of-way so designed as to minimize or prevent through traffic.

31. Subdivision - any division of a tract of land into two or more parts to lay out lots,streets, alleys, squares, parks, or other parts of the tract intended to be dedicatedto public use or for the use of purchasers or owners of lots fronting on or adjacentto the streets, alleys, squares, parks, or other parts. A division of a tract includes adivision regardless of whether it is made by using a metes and bounds descriptionin a deed of conveyance or in a contract for a deed, by using a contract of sale orany other contract to convey, or by using any other method. A partition of landmay constitute a "subdivision" as that term is used herein regardless of whetherthere is an actual transfer of ownership.

32. Surveyor - a Registered Professional Land Surveyor as authorized by the State ofTexas Statutes to practice the profession of surveying

33. Town House - a single family dwelling unit on an individual lot which is one of aseries of dwelling units having one or two common side walls with other units in theseries and has no side set-back lines.

ARTICLE II

REGULATIONS AND GUIDELINES

A. AuthorityThese rules are adopted by order of the Commissioners' Court acting In Its capacity

as the governing body of Guadaiupe County, Texas pursuant to and In conjunction

with appropriate statutes and regulations including, but not limited to:

1. Texas Local Govt. Code Chapter 232: County Regulations of Subdivisions, and

Chapter 242: Authority of iûnicipaiity and County to Regulate Subdivisions in

and outside iûnlcipality's ETJ

2. Texas Transportation Code Chapter 251: County Authority Relating to Roads

and Bridges

3. Texas Property Code Section 12.002: Subdivision Plat; Penalty

4. Texas Water Code Section 16.315: Political Subdivisions; Compliance with

Federal Requirements

5. Federal and State floodplain regulations

6. State Septic/Sewer/OSSF regulations

B. Purpose and PrioritiesThe purpose of these rules is to regulate the filing for record of subdivision plats andto establish construction standards and other requirements pertinent thereto for allsubdivisions outside the boundaries of any incorporated town or city in GuadaiupeCounty and for the promotion of health, safety and general welfare of thecommunity.

1. In the event a subdivision within the county falls within the extraterritorialjurisdiction (E.T.J.) of an incorporated municipality, the plat will be approvedaccording to the interlocal agreement between that municipality and the County.

2. If any conflict exists between these rules and the Texas State Statutes andapplicable regulations or Federal Statutes and their applicable regulations, theTexas State Statutes, Federal statutes and regulations shall take precedence.

3. In the event of invalidation of any of the provisions of these Subdivision Rules bya court of competent jurisdiction, ail other provisions of these Subdivision Rulesshall remain in full force and effect.

4. Notwithstanding any Article of these Subdivision Rules, any layout(s) of asubdivision that does not meet the requirements of Article V (B) will not beapproved.

5. No obligation for the enforcement of Covenants, Conditions orRestrictions in subdivision deed restrictions shall lie with Guadaiupe County.Such enforcement, if any, shall rest solely with the property owners, purchasers,or a Home-owners' association, as applicable.

6. Guadalupe County hereby deenns a "Recreational Vehicle Park", as defined herein,a subdivision of land for residential developnrjent and is therefore required to meetthe requirements for the platting of a subdivision as set forth in these subdivisionregulations.

7. Guadalupe County hereby deems any development consisting of the placement orconstruction of rental residential units of any type to be a subdivision of landrequired to meet the requirements for the platting if a subdivision as set forth inthese subdivision regulations.

C. Variances

A 'Variance" Is a departure from the Guadalupe County Subdivision Rules. A

developer should, prior to submitting a preliminary plat, submit the variance request

in writing to Guadalupe County. No variance request will be granted for fees and

financial guarantees. Unless otherwise set forth herein, a variance request must be

presented to Guadalupe County Commissioners Court and resolved prior to

submission of the final plat application.

D. Denial of Driveway Permits to Owners Not In Compliance

1. The County shall Issue no driveway permit for any lot or tract abutting a countyroad created in violation of these regulations, unless the lot or tract owner hasreceived a variance or non-standard plat approval.

2. Any County employee or official who has a question as to whether a particulartract was created In violation of these regulations may delay actions on Issuing adriveway permit and refer the question to the Guadalupe County Road & BridgeDepartment.

3. Issuance of a driveway permit by Guadalupe County does not constitute anacl<nowledgement by Guadalupe County that a tract was created in compliancewith these regulations. Guadalupe County maintains the right to contend that anytract was created In violation of these regulations, unless:

a. The tract is an unaltered tract created prior to 1996.

b. The tract is an unaltered tract that was created by a subdivision plattedunder these regulations; or

c. A variance or non-standard plat approval has been obtained and approved byCommissioners' Court.

E. Application FeesThe applicant shall pay a non-refundable fee in the amount set forth below. TheCommissioners' Court may amend these fees from time to time without amending oraffecting the remainder of these regulations.Subdivision Plat with Roads $1,500.00 plus - $10.00 per lotSubdivision Plat with No Roads $ 500.00 plus - $10.00 per lotSubdivision Vacate & Replat $ 100.00 plus - $10.00 per lotManufactured Home Rental Community IDP $ 500.00Recreational Vehicle Park $ 500.00Other Residential Development Plan $ 500.00

ARTICLE III

GENERAL SUBDIVISION REQUIREMENTS

A. General Requirements Any owner who subdivides a tract of land shall:

1. Connply in all respects with these regulations; and

2. Prepare and submit to the Commissioners' Court an application for approval of theproposed Subdivision in accordance with the terms and procedures set forth in theseregulations.

B. Subdivision Approval ProcessNo Subdivision shall be approved by the Commissioners' Court until the owner hassatisfied each of the following steps in the order indicated:

1. Approval of Preliminary Plat by the Commissioners' Court.

2. Approval of Final Plat by the Commissioners' Court and submission of appropriatebonds shall take place within 180 days of Preliminary approval.

3. Filing of Record Plat must be recorded within 15 business days of Commissioners'Court approval or the approval is voided.

C. Transmittal Materials

All submissions to the Commissioners' Court pursuant to these Regulations, includingamendments or supplemental materials, shall be delivered to the Guadalupe CountyEnvironmental Health Department and shall be accompanied by a letter of transmittalindicating:

1. The name, address and phone number ofthe Owner and, if different, the Developeror Applicant. If the Owner, Developer or Applicant listed is not an individual (e.g.corporation, LLC, etc.), then the Transmittal Letter shall also identify, by name,address and phone number, the individual responsible for the actions of theentity(e.g. President, General Manager, CEO, etc.).

2. The name, address and phone number of any person submitting the materials onbehalf of the Owner.

3. The name ofthe proposed Subdivision.

4. The size and location of the Original Tract.

5. A detailed description of the action being requested relevant to the submitteddocuments.

D. Communication with Precinct Commissioner

The Owner/Developer/Applicant is recommended to contact the commissioner in whoseprecinct the proposed Subdivision is located prior to the submission of the initialapplication for approval of the Subdivision.

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E. Notification RequirementsThe Owner/Developer/Applicant shall be required to notify by certified or registeredmall, return receipt requested, owners of unplatted property adjoining the area to beplatted. The Owner/Developer/Applicant shall also erect a 4'x6' billboard fronting anypublic road adjoining the property containing the following information: Name ofSubdivision, a diagram of the proposed subdivision and a contact number for anypersons who might have questions regarding proposed subdivision. Said billboard mustbe erected prior to submission of the application (proof of same must be provided to theGuadalupe County Environmental Health Dept.) and the billboard must remain in placenot less than 30 days after the final plat approval.

F. Application MaterialsEach application for Preliminary Plat or Final Plat shall include the following:

1. One (1) 18" X 24" blue line copy of the preliminary plat and one (1) 18" x 24" blueline copy of the Final Plat.

2. Digital copy of the preliminary and final plat sent to the Director of GuadalupeCounty Environmental Heath Department.

3. A tax certificate showing that all taxes currently due with respect to the original tracthave been paid.

4. A completed checklist In the current form promulgated by the County.

5. All other documents or reports required pursuant to these Regulations and anyassociated bonds or letters of credit.

6. The applicable application fee.

7. Letters from all utility providers (such as Water District, electrical and Sewer UtilitySupplier) indicating their intent or agreement or serve the subdivision.

G. Record Plat

Three duplicate 18"x 24" mylars shall be presented to the County Clerk forrecording as the Record Plat. All writing and drawings on the Record Plat must belarge enough to be easily legible following recording, and legible at 50% Photocopyreduction.

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H. Application Review PeriodsThe County review period for an application for a Preliminary Plat or Final Plat shallbegin on the First business day after a completed application is submitted and shallend following the expiration of 15 business days thereafter.

1. An application for a Preliminary Plat or Final Plat shall be deemed to be complete forthis Section when all of the materials required under Article III (F) are delivered tothe Environmental Health Department in accordance with Article III (C) togetherwith:

a. For Preliminary Plats, those items required in Article V

b. For Final Plats, those items required in Article VI

I. Technical Review Procedure

Upon receipt of a completed application, the Guadalupe County EnvironmentalHealth Department shall conduct a technical review of the Application and make arecommendation to the Commissioners' Court as to whether the application is incompliance with these Regulations.

1. In the event the County determines that the Application Is not complete, then thedepartment shall provide the Applicant with written comments detailing theoutstanding or deficient items and will do so not later than the 15 business daysafter the Department receives the application.

2. Upon receipt of the County's written comments, the Applicant shall submit within 10days to the Guadalupe County Environmental Health Department additionalinformation or a revision to the application, together with a written response to eachcomment by the County. Upon written request of the Applicant, the County mayextend the Applicant's 10 day response time to provide supplemental information,but in no event for longer than 30 days.

3. The County may review any supplemental materials submitted by an Applicant for15 business days after such supplemental materials were submitted to the County.

4. In the event the Applicant falls to respond to the County within the 10 day responseperiod (or the period as extended by the County), the County shall return theapplication to the Applicant. The Applicant will be required to re-file an originalapplication and pay applications fees for any further consideration. The applicationfee will not be refunded.

5. The Director of the Guadalupe County Environmental Health Department and/orGuadalupe County Road & Bridge Administrator shall forward the results of itstechnical review and its recommendations with respect to the application to theCommissioners Court.

J. Wastewater and Development PermitsThe County will not issue On-Site Sewage Facility (OSSF) or Floodplain De\/elopnnentPermits on any parcel of land unless the OSSF planning material and/or floodplaindevelopment plan are in compliance with the requirements of these Regulations,Guadalupe County and TCEQ On-Site SewageFacility and FEIÂ Regulations.

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K. Subdivision that Fronts on Any State HighwayThe developer will comply with state requirements concerning driveways,drainage and other applicable requirements. Prior to approval of a subdivisionplat fronting on a state highway, the developer will review with the StateHighway Department any changes or improvements that are being planned forsubdivision ingress and egress onto that particular road. If such changes areplanned, the State Highway Department can, by way of example, require newright-of-way widths or construction standards relative to the road improvementsand the developer shall comply with any such requirements by the State HighwayDepartment to implement such plans. This will enable the developer to providethe necessary easement or dedication of right-of-way on the preliminary plat toreflect the projected new right-of-way when presenting the plat to theCommissioners' Court. This easement or dedication of right-of-way will benecessary for court approval. This additional right-of-way is in addition to anypublic utility easements required under these rules.

L. Commercial or Public BuildingsAny commercial or public buildings constructed within a subdivision must applyfor a Building Permit from the Guadalupe County Fire Marshal's Office prior tostarting construction. This requires a permit application which can be found onthe Guadalupe County Fire Marshal's webpage and 2 sets of plans for thestructure. This includes any buildings in the subdivision which will not beresidential (POA buildings. Pool Buildings, Etc....) Failure to apply for and obtain apermit can result in serious consequences.

M. Lot Restrictions

1. No homes are to be built or brought onto the property until all roads are constructedto county standards as found in Article VIII.

2. No homes are to be built or brought onto the property until septic system permitshave been obtained or public sewer service has been made available.

3. All lots shall have a 20 foot setback from County ROW and a 10 foot side setback.

4. Lots shall have a minimum of 200 feet of frontage on an existing county road.

5. Access Management shall be reviewed and in accord with design controls and criteriaadopted by the American Association of State Highway and Transportation Officials(ASSHTO).

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ARTICLE IV

EXEMPTIONS TO PLAT REQUIREMENT

Subdivision of a tract of land outside the extra-territorial jurisdiction of a municipalityshall be exempt from the plating requirements (Sec. 232.0015) of Article II if;

A. To determine whether specific divisions of land are required to be platted, acounty may define and classify the divisions. A county need not requireplatting for every division of land otherwise within the scope of thissubchapter.

B. A county may not require the owner of a tract of land located outside the limits ofa municipality who divides the tract into two or more parts to have a plat of thesubdivision prepared If:

1. the owner does not lay out a part of the tract described by Section 232.001(a)(3); and

2. the land Is to be used primarily for agricultural use, as defined by Section 1-d-1, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, ortimber production use within the meaning of Section 1-d-l, Article VIII, TexasConstitution.

C. If a tract described by Article IV (B) ceases to be used primarily for agriculturaluse or for farm, ranch, wildlife management, or timber production use, theplatting requirements of this subchapter apply.

D. A county may not require the owner of a tract of land located outside the limits ofa municipality who divides the tract into four or fewer parts and does not lay outa part of the tract described by Section 232.001(a)(3) to have a plat of thesubdivision prepared if each of the lots is to be sold, given, or otherwisetransferred to an Individual who is related to the owner within the third degree byconsanguinity or affinity, as determined under Chapter 573, Government Code.If any lot is sold, given, or otherwise transferred to an individual who is notrelated to the owner within the third degree by consanguinity or affinity, theplatting requirements of this subchapter apply.

E. A county may not require the owner of a tract of land located outside thelimits of a municipality who divides the tract into two or more parts to have aplat of the subdivision prepared if:

1. all of the lots of the subdivision are more than 10 acres in area; and

2. the owner does not lay out a part of the tract described by Section 232.001(a)(3).

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F. A county nnay not require the owner of a tract of land located outside the limits ofa municipality who divides the tract Into two or more parts and does not lay out apart of the tract described by Section 232.001(a)(3) to have a plat of thesubdivision prepared if all the lots are sold to veterans through the Veterans'Land Board program.

G. The provisions of this subchapter shall not apply to a subdivision of any tract ofland belonging to the state or any state agency, board, or commission or ownedby the permanent school fund or any other dedicated funds of the state unlessthe subdivision lays out a part of the tract described by Section 232.001(a)(3).

1. A county may not require the owner of a tract of land located outside thelimits of a municipality who divides the tract into two or more parts to have aplat of the subdivision prepared if:

a. the owner of the land is a political subdivision of the state;

b. the land Is situated In a floodplain; and

c. the lots are sold to adjoining landowners.

H. A county may not require the owner of a tract of land located outside the limits ofa municipality who divides the tract into two parts to have a plat of thesubdivision prepared if:


2. one new part Is to be retained by the owner, and the other new part is to betransferred to another person who will further subdivide the tract subject tothe plat approval requirements of this chapter.

I. A county may not require the owner of a tract of land located outside the limitsof a municipality who divides the tract into two or more parts to have a plat ofthe subdivision prepared If:


2. all parts are transferred to persons who owned an undivided interest in theoriginal tract and a plat Is filed before any further development of any part ofthe tract.

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ARTICLE V

REQUIREMENTS FOR PRELIMINARY PLAT APPROVAL

A. General Information

1. Name of the proposed Subdivision, which shall not be the same or deceptivelysimilar to any other subdivision within the County unless the subdivision is anextension of a pre-existing, contiguous subdivision.

2. Boundary lines and total acreage of the Original Tract and the Subdivision.

3. A listing of lots and respective acreage within the proposed subdivision.

4. Total acreage of subdivision, and acreage and dimensions of each lot.

5. Location and acreage of any proposed parks, squares, greenbelts, schools, or otherpublic use facilities and acreage of roads, private or public.

6. Names of adjoining subdivisions or owners of property contiguous to the proposedSubdivision.

7. Name and Address of the Surveyor and/or Engineer.

8. Name and address of the Owner, and Developer or Applicant if not the Owner.

9. Area map showing general location of Subdivision In relation to major roads, towns,cities or topographic features.

10. North arrow, scale and date. The scale shall not exceed 1" = 200'.

11. Boundary lines of any Incorporated city and the boundary lines of theextraterritorial jurisdiction of any city.

12. Indicate the school district and current county precinct in which the Subdivision Islocated. In the event any lot lies within more than one school district or precinct,then the plat shall clearly state the number of acres within the Lot that lies withineach school district or precinct.

13. Indicate location of any existing structures (wells, cemeteries, etc.) In thesubdivision, on the plat.

B. Floodplain and Drainage Information - Drainage Study

1. Elevation contours of no greater than 10 foot Intervals shall be shown on the plat.

2. All Special Flood Hazard Areas (SFHA) identified by the most current Flood InsuranceRate Maps published by the Federal Emergency Management Agency shall be shownon the plat.

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3. A plat required under this section must provide for drainage in the subdivision to:

a. avoid concentration of storm drainage water from each lot to adjacent lots;

b. provide positive drainage away from all structures; and

c. coordinate individual lot drainage with the general storm drainage pattern for thearea.

4. A drainage plan depicting the anticipated flow of all drainage onto and from thesubdivision and showing all major topographic features on or adjacent to theproperty including all water courses, 100 year flood zone boundaries, ravines,bridges and culverts shall be shown on the plat. The design of the plan shall negateany impact on adjacent properties greater than that which existed under pre-development conditions.

a. A drainage study shall be prepared for all subdivisions of any size within oroutside of the SFHA. Flood/storm waters affecting the proposed subdivision oradjacent areas shall not be allowed to drain from or pond within areadescribed in higher quantities or flow rates than existed under pre-development conditions. This shall be accomplished by the proper design andconstruction of detention/retention ponds, and/or drainage systems. Thelocation of any historically known ponding of flood/storm waters within theproposed subdivision Is to be delineated in the drainage study. Therequirement of a drainage study may be waived with approval of theGuadalupe County Commissioners' Court.

5. The location and size of all proposed drainage structures, including on-site retentionor detention ponds and easements and the Impact of lot and street layouts ondrainage shall be shown on the plat.

6. No structures, walls, or other obstruction of any kind shall be placed within theboundaries of drainage easements. No landscaping, fences, or other type ofmodifications which alter the cross sections of the drainage easement or decreasesthe hydraulic capacity of the easement shall be allowed. The foregoing statementmust appear on the plat.

7. Depiction of all streams, rivers, ponds, lakes, other surface water features or anySensitive Features (as defined by the Texas Commission On Environmental Qualityin 30 Texas Administrative Code 213.3) and a statement certified by the surveyor orengineer under his or her professional seal that, to the best of his or her knowledge,the plat accurately reflects the general location (or absence) of all such features inaccordance with the terms of these Regulations.

8. AH drainage improvements including ditches, drainage pipes, street curbs, gutterInlets, driveways, road culverts, and storm sewers shall be designed to intercept andtransport runoff from 25 year flood event.

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9. A drainage analysis which includes design calculations for all drainage innprovementswithin the subdivision, including drainage culvert locations and sizing, and ananalysis of the upstream and downstream impact on adjacent properties showingthat the development has no impact on the water discharge from the property,based on the 100 year flood event, shall be submitted as follows:

a. 100 Year Flood Event Inundation Analysis

1. Provide an engineering analysis showing those areas within the plattedarea that are subject to flood/storm water inundation during the 100 yearflood event. This analysis shall be in the form of engineering calculationsand an overall plan view of the subdivision showing the areas of 100 yearinundation with the areas shaded or crosshatched. The analysis shall bebased on the anticipated fully developed condition of the plattedarea, including any proposed building, paving, clearing, drainage,roadway, excavation, fill or other significant environmental modificationsaffecting peak flow rates of flood/storm water runoff. The analysis shall

only consider watersheds greater than 10 acres.

2. The analysis shall take into consideration all contributing watersheds tothe extent that they affect or cause inundated areas within the plattedarea. A contributing watershed is a drainage area that drains flood/stormwater runoff to the platted area. Existing unplatted areas withincontributing watersheds shall be analyzed considering their existing stateof development. Existing platted areas within contributing watershedsshall be analyzed considering their fully built intended use and accounting

for the effects of any existing drainage improvements.

3. The 100 year flood event inundation analysis shall be prepared, sealedand signed by a professional engineer, currently registered in the State ofTexas, and shall be reviewed for compliance with these rules by theGuadalupe County Environmental Health Department.

4. If the 100 year flood event inundation analysis results in any areasInundated other than are reflected in the most current Flood Insurance

Rate Maps published by FEMA for Guadalupe County, it is theresponsibility of the developer to submit the results of the 100 year flood

event inundated analysis to FEMA for approval.

b. Downstream Impact Analysis

1. Provide an engineering analysis stating that the effect of modifying theplatted area to the anticipated fully developed condition, including anyproposed building, paving, clearing, drainage, roadway, excavation, fill orother significant environmental modifications, will not increase the peak100 year flood event discharge rate from the platted area to anycontiguous property.

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2. The analysis shall consider all contributing watersheds outside of theplatted area to the extent that they affect the impact analysis. Acontributing watershed is a drainage area that drains flood/stormwater runoff Into the platted area. Existing unplatted areas withincontributing watersheds shall be analyzed considering their existingstate of development. Existing platted areas within contributingwatersheds shall be analyzed considering their fully built intended useand accounting for the effects of any existing drainage improvements.

3. The Downstream Impact Analysis shall be prepared, sealed, andsigned by a professional engineer, currently registered in the State ofTexas, and shall be reviewed by the Guadalupe County EnvironmentalHealth Department.

c. Plans and Specifications for Flood/Storm Water Drainage Improvements

1. Provide plans and specifications for all flood/storm water drainageimprovements proposed within the platted area. Flood/storm waterdrainage improvements are manmade facilities such as detentionponds, channels, storm sewer piping systems, culverts, catch basins,inlets, roadways, ditches, or other related facilities, which areconstructed to control or modify natural flood/storm water drainage.

2. Plans and specifications for flood/storm water drainage improvements shallbe prepared, sealed, and signed by a professional engineer; currentlyregistered in the State of Texas, and shall be reviewed for compliance withthese rules by the Guadalupe County Environmental Health Department.

d. Drainage Easements and Right-of-Ways

1. Flood/storm water drainage improvements shall be placed within privatedrainage easements or public right-of-ways adequately configured toproperly accommodate facility operation, maintenance, and access.Flood/storm water drainage improvements, other than ditches in theCounty Right of Way, will not be maintained by the County and must becontained within private drainage easements. All required drainageeasements shall be presented to scale on the final plat. The person orentity responsible for maintenance of drainage Improvements within theprivate drainage easements shall be identified on the plat.

10. Flood/Storm Water Drainage Improvements within the Road RIght-of-Way

a. Provide an engineering analysis determining the 25 year flood event flow rateat all locations except as noted below in paragraph b, where flood/storm waterdrainage is planned to cross a proposed roadway. Prepare plans andspecifications for proposed drainage improvements showing that the proposedimprovements will pass the 25 year flood event flow rate through the drainageimprovements without over-topping the roadway surface. The engineeringanalysis, design, plans, and specifications shall be prepared, sealed, andsigned by a professional engineer, currently registered In the State of Texas,and shall be reviewed for compliance with these rules by the GuadalupeCounty Environmental Health Department.

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b. Provide an engineering analysis determining the 25 year flood event flow rateat all locations where flood/storm water drainage Is within a FEMA SpecialFlood Hazard Area or in an area determined as being Inundated In the 100year flood event inundation analysis, and Is planned to cross a proposedroadway. Prepare plans and specifications for proposed drainageimprovements showing that the proposed Improvements will pass the 25 yearflood event flow rate through drainage Improvements without over-toppingthe roadway surface. In addition, provide an engineering analysis determiningthe 100 year flood event flow rate and show that the effect of the proposeddrainage and roadway improvements will not inundate areas outside the FEMASpecial Flood Hazard Area, or any other area determined as being inundatedin a 100 year flood event inundation analysis.

c. The engineering analysis, design, plans, and specifications shall beprepared, sealed, and signed by a professional engineer, currently registeredin the State of Texas, and shall be reviewed for compliance with these rulesby the Guadalupe County Environmental Health Department.

11. Where drainage easements are centered along, or cross lot and/or property lines,a statement shall be added to the plat that no fencing or structures that willInterfere with adequate drainage flow will be allowed on or across such lines.Fencing may be allowed across drainage easements only in accordance with thefollowing restrictions:

a. Bottom of fence shall be a minimum of the flow depth, plus freeboard abovedesign flow line of channel or drain as shown in the table below.

Fencing within Drainage Easements

Design Depth of Flow Required Freeboard0 feet to 5 feet 0.5 foot

5 feet to 10 feet 1.0 foot

10 feet and over lO^/o of design deptii

b. A hinged gate, sufficient to pass debris from flood/storm water, shall be placedacross the entire width (if drainage easement Is crossing property lines) orlength (If drainage easement is centered along property lines) of the drainageeasement.

c. Fence posts located within the easement must be structurally designed toresist damage from the flood water flows and impact from debris.

d. A floodplain development permit will be required to construct a fence within aneasement within the 100 year flood zone.

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C. street and Right-of-way Information

1. Location, length, and right-of-way widths of all proposed roads or streets anddepiction of how ail proposed roads or streets shall connect with previouslydedicated, platted, or planned streets within the vicinity of the subdivision. All roadsor streets shall be Identified by lot and block number.

2. Location, size, and proposed uses of all proposed access easements, or sharedaccess driveways, if any.

3. A statement indicating whether the Applicant shall seek County maintenance of theroads or approval of a homeowner's association for road maintenance or designationof roads as private roads shall be shown on the plat.

4. A proposed Preliminary Plat shall satisfy the requirements of Article VIII relating toalignment of streets and shall contain a written certification from a RegisteredProfessional Engineer that the location and dimensions of streets as set forth andlaid out on the Preliminary Plat or Survey are in accordance with these Regulations.

D. Sewage

1. If a state approved disposal sewage system is not provided, the owner of theproposed subdivision shall make site evaluations (location of the site evaluationsshall be shown on the plat) in accordance with the Guadalupe County and TCEQregulations in effect for installation of on site sewage facilities. Representative soilsample of a minimum of 10 percent of the proposed tracts or lots will be tested andresults approved by the Guadalupe County Environmental Health Department. Ifthe tests are not acceptable, corrective measures, as specified by the County shallbe required.

2. An appropriate statement shall be shown on the plat indicating the types of septicsystem required for the subdivision.

E. Utilities Information

1. A signed statement of each entity supplying utilities shall be displayed on the plat.Plats must have the approval of utility companies (water and electric) as to properlocation of public easements and that utilities' intent to serve the subdivision.

2. The location of all proposed utility easements and/or Infrastructure, Including waterwell sanitary easements, if applicable, shall be shown on the plat.

3. Designation of the water and sewer utility provider for the subdivision, if known, andthe source of the water intended to serve each lot within the subdivided area (i.e.surface water, ground water from a specified aquifer, etc.).

4. All utilities must meet the requirements of Article IX.

F. Approval of Preliminary PlatThe Commissioners' Court shall approve a Preliminary Plat If it satisfies each of therequirements set forth in Article V and all other provisions of these Regulations.

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ARTICLE VI

REQUIREMENTS FOR FINAL PLAT APPROVAL

A. General Information

1. A proposed final plat shall comply with the requirements of the approved preliminaryplat and shall be submitted for approval within 180 days of preliminary approval.

2. Bearings and dimensions of the boundary of the Subdivision and all lots, parks,green belts, easements, or reserves. Dimensions shall be shown to the nearest 0.01foot and bearings shall be shown to the nearest one second of angle (01"). Thelength of the radius and arc of all curves, with bearings and distances of all chords,shall be clearly Indicated.

3. A description of monument used to mark all boundary, lot and block corners, and allpoints of curvature and the tangent on street rights-of-way.

4. Location of original survey line. The subdivision shall be located with respect to anoriginal corner of the original survey of which it is a part.

5. Lot and block numbers for each lot, inclusive of designating all roads, streets, orother public areas by lot and block number.

6. Acreage of all Lots, calculated to the nearest 0.01 of an acre.

7. A Performance Bond, Letter of Credit, or an Escrow Account shall be established orposted with the County Judge in an amount determined by the Guadalupe CountyRoad & Bridge Administrator to insure proper construction of roads, streets,drainage and utility improvement.

8. If not previously provided, all utility providers (such as Water District, Electrical, andSewer Utility Supplier) must state by letter their intent or agreement or serve thesubdivision.

9. A letter or other written documentation from the Texas Department ofTransportation showing the Developer's/Applicant's compliance with Article III (K).

10. If final plat approval is not complete within 180 days of preliminary plat approvalthen the preliminary plat is considered void.

B. Floodplain and Drainage Information

1. For subdivisions within the 100 year flood zone, the base flood elevation shall beshown on the plat.

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C. street and Right-of-Way Information To Be Provided:

1. Total length of all streets, to the nearest 0.10 of a mile.

2. Total acreage of all streets public or private.

3. Total area of all common areas to be dedicated to the public.

4. The items required under Section VIII or Section VIII (W), as applicable.

5. The following statement shall appear prominently on the Final Plat: 'Mn order topromote safe use of roadways and preserve the conditions of public roadways, nodriveway constructed on any lot within this subdivision shall be permitted accessonto a publicly dedicated County Right of Way unless a Driveway Permit has beenissued by the Guadalupe County Road & Bridge Department". The driveway shall beconstructed to meet Guadalupe County Road & Bridge Department specificationswhich shall be stated on the permit.

6. In some cases the Developer may be required to design and construct driveways toconform to county standards.

7. The following statement shall appear prominently on the Final Plat: ''No homes areto be built or brought onto the lot until a septic system permit or public sewer hasbeen provided and road construction is completed and approved.

8. Major Thoroughfare Plan

a. Road Classifications

The Guadalupe County Major Thoroughfare Plan defines the streets or roadsthat function as major thoroughfares within Guadalupe County. Thesestreets or roads are classified as the following - with a corresponding right-of-way requirement:

(1) Freeway - 250' to 500'

(2) Super Arterial - 250'

(3) Primary Arterial Type A - 144'

(4) Secondary Arterial Type A - 120'

(5) Collector Road - 80'

(6) Local Road - 60'

All streets or roads, with a right-of-way requirement greater that 120', areconsistent with the Regional Corridor Plan adopted by the San Antonio-Bexar County Metropolitan Planning Organization on May 19, 2003.

b. Right-of-Way Dedication

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(1)When a proposed subdivision is adjacent to a street or road that isidentified on the Major Thoroughfare Plan, the owner shall dedicatefor the use of the public any and all right-of-way necessary In orderto provide the right-of-way required by the Guadalupe County MajorThoroughfare Plan.

(2) For existing streets or roads, the owner must dedicate public right-of-way that would provide one-half of the right-of-way width(measured from the centerline of the existing street or road)required by the Guadalupe County Major Thoroughfare Plan, or

(3)The owner must dedicate the land as required by alignmentschematic or plan adopted by the Texas Department ofTransportation or Guadalupe County.

(4)The right-of-way being dedicated shall be designated on the plat andthe appropriate acreage shall be shown.

c. Revision Procedure

Any revisions to the Guadalupe County Major Thoroughfare Plan shall bedone by an order adopted and entered in the minutes of theCommissioners' Court and after a notice is published in a newspaper ofgeneral circulation in the County,

d. Extra Territorial Jurisdictions (ETJ)When a proposed subdivision is located within the ETJ of a municipality,the owner shall be required to dedicate right-of-way pursuant to theGuadalupe County Major Thoroughfare Plan.

e. MapThe attached map (Appendix A) of Guadalupe County shows roadwaysthat have been identified as major thoroughfares and indicates theproposed right-of-way widths of the major thoroughfares.

Detailed maps showing locations of major thoroughfares are available atthe Guadalupe County Road & Bridge Department.

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ARTICLE VII

REVISION / CANCELLATION OF A SUBDIVISION PLAT

A. Revision Process

A person who has subdivided land that Is subject to the subdivision controls of theCounty in which the land Is located may apply to revise the subdivision plat filed forrecord with the County Clerk. The application will follow the same process as for a newsubdivision. The Commissioners' Court shall approve an order to permit the revision ofthe subdivision if It Is shown to the Court that:

1. The revision will not interfere with the established rights of any owner of a part ofthe subdivided land, or

2. Each owner whose rights may be Impacted/affected by the revision has agreed tothe revision.

B. Notification RequirementsThe applicant shall be required to notify by certified or registered mall, return receiptrequested, owners of property adjoining the area to be re-platted.

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ARTICLE VIII

CONSTRUCTION AND DRAINAGE REQUIREMENTS FOR ROADS

A. General Requirements

1. Roads to be constructed shall have a minimum right of way of 60 feet plus publicutility easements as required. Streets shall meet the design criteria described inArticle VIII. Roads and streets to be constructed within a city's ETJ area will conformto either the city's code requirements for road/street construction or the County'srequirements, whichever is applicable.

2. A Plat showing thereon the construction of a permanent dead-end street and/or roadshall also show thereon that a turnaround (cul-de-sac) be provided at the closedend, constructed as follows

a. For Residential subdivisions: The turnaround shall have an outside finished

paved roadway diameter of 100 feet and a road right-of-way of 130 feet.

b. Commercial subdivisions: For Roads within a Commercial Subdivision and which

are to be ultimately turned over to the County for maintenance. Developer isto submit an engineered study/analysis showing the details for how such roads

are to be built to withstand the type and volume of traffic on said roads. Thestudy/analysis is to include a description of the type of vehicular traffic

anticipated and the estimated daily volume.

3. The County does not accept streetlights or sidewalks for maintenance.

4. All roads and streets should intersect at 90° angles when possible, and flarecorners will be provided at all corners

5. No roads or streets shall have any abrupt offset(s), where avoidable.

6. In the event a road within the proposed subdivision is being developed as acontinuation of what is the current end of a county maintained road, and such roadwill be the sole entrance and exit to the proposed subdivision, and the presentcounty road right-of-way is less than 60 feet, the developer will be responsible forpurchasing the needed right-or-way in order for there to be 60 feet of right-of-wayfrom the entrance to the subdivision to the nearest intersection of the County Rightof Way to another current public road.

7. No decorative squares, trees, islands, ornamental entrances or any other obstructionto traffic shall be constructed or preserved within the right-of-way of a roaddedicated to the public.

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8. Driveways will be constructed by the Developer or any Owner of a lot to beaccessed via a County Right of Way. A permit for the driveway nnust be obtained ata cost of $25.00 from the Guadalupe County Road & Bridge Department. In theevent culverts are necessary, culvert pipe will be provided and installed by theDeveloper or Owner in strict compliance with County road and bridge specifications.Driveways shall not be less than 15 feet in width and extend from the pavedportion of the road to the owner's property. Minimum size for driveway culvertpipe shall be 12 inches in diameter and 20 feet in length.Note: Pavement shall continue from County pavement to owner's property line.

B. Compliance, Inspection, TestingAll subdivision roads and drainage improvements constructed by the Developer must bedesigned by a licensed professional engineer authorized to practice the profession ofEngineering in Texas and in accordance with the following requirements and subject tothe variance procedure set forth in Article II (C). A complete set of engineered plans willbe submitted to the County for review and approval prior to approval of a final plat.Prior to construction, a set of cut sheets shall be supplied to the Guadalupe CountyRoad & Bridge Department.

1. It shall be the responsibility of the Developer, or a qualified agent employed by thedeveloper to inspect work as it is being performed to assure compliance with theserules.

2. Developer's request for an inspection of any phase of work or two final inspection ofthe completed work, shall constitute notice and certification by said Developer thathe, or a qualified agent employed by the developer, has inspected and found thework to be in compliance with all requirements of the Subdivision Rules.

3. Failure to comply with any testing required or failure to obtain the tests andinspections required before proceeding with the next phase of the work shallautomatically cause a determination of noncompliance with the Subdivision Rules bydefault.

4. Determination of noncompliance caused by failure to obtain required tests andinspection may only be corrected by:

a. Complete removal of the work and reconstruction in conformance with theSubdivision Rules requirements; or

b. Testing or representative samples taken by core drilling or by removal ofspecified sections to reach the areas to be tested; or

c. Any reasonable method, approved In writing, by the Commissioners' Court/RoadAdministrator, that will prove complete compliance with the Subdivision Rules

5. All cost of work, repairs, or testing shall be solely at the expense of the Developer,and all such work, repairs, or testing shall be as follows:

a. In accordance with a plan which has been presented to and approved, in writing,by the County Road Administrator, and

b. Under the direction of the County Road Administrator, or his representative.

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c. Performed by a person or firm qualified to produce and furnish accurate results.

6. Guadalupe County shall perform visual inspection and testing, as set forth in theserules, to assure compliance. However, it is intended that the burden of inspection,testing and responsibility for compliance shall rest with the Developer.

7. Developer shall give the County at least one business day notice of any requestedinspection.

C. Minimum Requirements

1. Arterial/Collector Streets - serve high volume through traffic usually at higherconstant speeds:

a. Minimum right-of-way 80'

b. Minimum width of base-grade crown 30'

c. Minimum section if curbed (face to face of curbs) 36*

d. Minimum compacted depth of base material 12"

e. Minimum pavement width 24'

f. Maximum allowable grade 9%

2. Connector/Local Streets - intermediate streets that serve to connect secondary

streets with arterial:

a. Minimum right-of-way 60'

b. Minimum width of base-grade crown 28'

c. Minimum section (face to face of curbs) 22'

d. Minimum compacted depth of base material 10"

e. Minimum pavement width 22'

f. Maximum allowable grade 9%

3. When utility lines extend across a roadway, they shall be installed prior to theplacement of base so that the roadbed is not disturbed subsequent to roadconstruction.

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D. Drainage

1. All drains, drainage structures, and appurtenances sliall be designed by a personauthorized to practice the profession of engineering under the provisions of theTexas Engineering Act, and amendnnents thereto.

2. Drainage calculations shall be made using the "Rational Method" or by othergenerally accepted engineering standards. Drainage for streets and roads shall bedesigned to withstand a 25 year flood event frequency, and shall be subject to theapproval of the County Road Administrator.

3. iînimum pipe diameter under streets is 24 inches. Drainage structures shall bebackfilled in accordance with Item 400.5 of the TXDOT Standard Specifications.Concrete slabs may be required as directed by the County Road Administrator. Pipeends will be protected by safety end treatments. Rip Rap or other concretestructures shall be approved by the County Road Administrator.

4. All required drainage easements shall be represented to scale on the final plat.

5. All data and calculations shall be presented to Guadalupe County EnvironmentalHealth/Guadalupe County Road & Bridge Department upon request.

6. Before final acceptance for a subdivision is given by the County for street anddrainage work the Engineer responsible for the design of said work shall issue aletter to the County stating that he has made an inspection of such improvementsand recommends their acceptance by the County. Attached to his letter shall be oneset of ''as built" drawings showing the work to be accepted for use by the County.

£. Sub-Grade

1. Sub-grade preparation shall consist of scarifying, blading and rolling the sub-gradeto obtain a uniform texture and provide as nearly as practicable a uniform densityfor the top 6 inches of the sub-grade.

2. All preparation of the right-of-way and clearing and grubbing shall be completedbefore starting the sub-grade preparation. The sub-grade shall be scarified andshaped in conformity with the typical sections and the lines and grades indicated oras established by the Developer's Engineer by the removal of existing material oraddition of approved material. All unsuitable material shall be removed and replacedwith approved material.

All foundations, walls or other objectionable material shall be removed to a minimumdepth of 18 inches under all structures and 12 inches under areas to be vegetated.All holes, ruts and depressions shall be filled with approved material. The surface ofthe sub-grade shall be finished to the lines and grades as established and be inconformity with the typical sections indicated. Any deviation in excess of one halfinch cross section and in a length of 10 feet measured longitudinally shall becorrected by loosening, adding or moving material, and reshaping and compactingby sprinkling and rolling. Sufficient sub-grade shall be prepared in advance to insuresatisfactory progression of the work. The Developers Contractor will be required toset blue tops for the sub-grade at sub-grade crown and on centerline at intervals notexceeding 100 feet.

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3. All suitable material moved may be utilized in the sub-grade with the approval of theDeveloper's Engineer. All other material required for completion of the sub-gradeshall also be subject to approval by the County Road Administrator.

4. Sub-grade materials shall be compacted by approved equipment to a dry density ofthe total material of not less than 95 percent of the maximum dry density asdetermined in accordance with TXDOTTest Method Tex-114-E. Tests for density willbe made as soon as possible after compacting operations are complete. If thematerial fails to meet the density specified it shall be reworked as necessary toobtain the density required. Just prior to placing any base materials, density andmoisture content of the top 6 inches of compacted sub-grade shall be checked and iftests show the density to be more than 2 percent below the specified minimum orthe moisture content to be more than 3 percent above or below the optimum, thesub-grade shall be reworked as necessary to obtain the specified compaction andmoisture content.

5. When a fill is required to achieve the prescribed sub-grade elevation, such fill shallbe placed in uniform lifts covering the entire width of the cross section. Prior tocompaction, the layers shall not exceed a 6 inch depth. Each lift shall be compactedto the required density before succeeding lifts are placed and tested by certifiedlaboratory.

6. The sub-grade shall be inspected and approved by the County Road Administrator,or his representative, prior to density tests being taken. Should approved sub-gradefor any reason lose the required density or finish before it is covered with base, theDeveloper's Contractor shall rework the sub-grade in accordance herewith and retestprior to placing base.

F. Base Material

1. All roads and streets shall receive base material in the minimum amounts as shown

in Article VIII (C).

2. Sub-grade shall be approved before the placement of any base material.

3. Roadway base material shall conform to the current requirements of the TXDOTStandard Specification for Construction and Maintenance of Highways. Caliche orother material is strictly forbidden.

4. The quantity of base material shall be ascertained in a manner acceptable to theCounty Road Administrator. The following methods are suggested:

a. Certified truck tickets

b. Core samples at selected intervals

c. Pick and shovel samples at selected locations

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G. Construction Methods for Base Application and Ribbon Curb

1. Base Material —"Flexible Base"shall not be placed until the Developer's Contractorhas certified that the sub-grade has been prepared and compacted in conformitywith Article VIII (E)(4).

Blue tops shall be set by the Developer's Contractor for base on the centerline andbase crown, at intervals not exceeding 100 feet.

2. First Course—Immediately before placing the base material, the sub-grade shall bechecked as to conformity with grade and section. The thickness of each base courseshall not exceed 6 inches, loose measure, and will be equal increments of the totaldepth.

The material shall be delivered in approved vehicles at legal weight limits. It shall bethe responsibility of the Developer's Contractor that the required amount of specifiedmaterial shall be delivered.

Material deposited upon the sub-grade shall be spread and shaped the same dayunless otherwise approved by the County Road Administrator. In the eventinclement weather or other unforeseen circumstances render impractical spreadingof the material during the first 24 hour period, the material shall be spread as soonas conditions allow. The material shall be sprinkled, if required, and shall then bebladed, dragged and shaped to conform to typical sections as indicated. All areasand ''nests" of segregated course or fine material shall be corrected or removed andreplaced with well-graded material. If additional binder is considered desirable ornecessary after the material is spread and shaped, it shall be furnished and appliedas required. Such binder material shall be carefully and evenly incorporated with thematerial in place by scarifying, harrowing, brooming or by other approved methods.

The course shall be sprinkled as required to bring it to optimum moisture contentand compacted to the extent necessary to provide not less than the percent densityas hereinafter specified under "Density." In no case shall the base be worked atmore than 2 percent above or below optimum moisture. In addition to therequirements specified for density, the full depth of flexible base indicated shall becompacted to the extent necessary to remain firm and stable under constructionequipment. After each section of flexible base is completed, tests as necessary willbe made by the Developer's Engineer. If the material fails to meet the densityrequirements, it shall be reworked as necessary to meet these requirements.Throughout this operation the shape of the base course shall be maintained byblading and the surface, upon completion, shall be smooth and in conformity withthe typical section Indicated and to the established lines and grades. In that area onwhich pavement is to be placed, any deviation in excess of 1/4 inch In cross sectionand in length of 16 feet measured longitudinally shall be corrected by loosening,adding or removing material, reshaping, and re-compactIng by sprinkling androlling. All Irregularities, depressions, or weak spots, which develop, shall becorrected immediately by scarifying the areas affected, adding suitable material asrequired, reshaping and re-compacting. Should the surface lose the requiredstability, density and finish before the surfacing is complete, it shall be re-compactedand refinished In accordance herewith.

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3. Succeeding Courses Construction methods shall be the same as prescribed for thefirst course. Blue tops shall be set by the Developers Contractor for finished gradeon the last course of base, at a minimum of 100 feet intervals. Approved and testedfinal course of base shall be primed within 24 hours, or will be re-tested prior toapplying prime coat.

4. Density Eacti course of flexible base shall be compacted to not less than 98 percentdensity when tested in accordance with TXDOTTest Method Tex-113-E. Field densitydetermination shall be made in accordance with approved methods. The completedFlexible Base will be tested by proof rolling in conformity with Item No.216 "Rolling(Proof)."

5. Completed base shall be inspected and approved, in writing by the County RoadAdministrator or his representative, prior to replacement of any pavement.

6. Ribbon curb shall be 3000# concrete, 12 inch depth and 8 inch wide with acontinuous #3 rebar. Top of curb to be at top of pavement grade.

H. Pavement

All roads and streets shall be paved to the requirements as follows:

1. Prime Coat / Tack Coat

a. The asphalt material for Prime Coat shall meet the requirements for Prime Coat.Current prime coat shall be applied as directed by the County RoadAdministrator, with an approved sprayer, at a rate not to exceed 0.35 gallon peryard of surface.

b. The asphalt material for Tack Coat shall meet the requirements for Coat Item340.6 Par. 2 THDS Dated 1995. Tack Coat shall be applied when and as directedby the County Road Administrator, with an approved sprayer, at a rate not toexceed 0.10 gallon per yard of surface.

2. Hot Mix Asphaltic Concrete Pavement C'HMAC")

a. The compacted surface course shall be applied at the minimum of 165 poundsper square yard to 1.5 inch thickness.

1. For industrial roads it shall be applied at 190 pounds per square equal to 1.75inch thickness.

2. Measurement by weight shall be via truck scales approved by the CountyRoad Administrator.

3. Records shall be kept on the tare load, total load, and net load of the mixturefor each load of same.

3. The paving mixture and construction methods shall conform to Item 340, "Hot MixAsphaltic Concrete, Type D" of the Standard Specifications by TXDOT, March 1,1995.

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I. Construction Methods for Pavement

1. General Methods— It shall be the responsibility of the Developer's Contractor toproduce, transport, place and compact the specified paving mixture in accordancewith these specifications and provide a safe environment to enable inspection forcesto take samples and check the plant.

Prior to placing HMAC, the base shall be proof rolled and any soft spots repaired andthe area proof rolled again.

All asphaltic mixtures shall be placed with a spreading and finishing machine. If,after being removed from the mixer and prior to placing, the temperature of theasphaltic mixture is 50° degrees F or more below the temperature established, all orany part of the load may be rejected. Any material placed which is too cool tocompact properly shall be removed and replaced with material that meets thespecifications.

Adjacent to flush curbs, gutters, liners and structures, the asphalt surface shall befinished so that when compacted it will be slightly above the edge of the curb. Thecompacted thickness of the asphaltic concrete courses shall be as indicated. Wherethe thickness of the surface course is specified to be more than 2 inches, the workshall be accomplished in equal lifts, unless otherwise indicated. When the surface isto be in stages and traffic is permitted on the initial layer, each layer shall be notless than 1 inch.

2. Compacting—The mix shall be compressed thoroughly and uniformly compacted tothe required density immediately after placing. All compaction rolling shall becomplete before the material cools below 175° F. Minor polishing rolling may beundertaken on the material below the aboye temperature. All rollers must be ingood mechanical condition. Necessary precautions shall be taken to prevent thedropping of gasoline, oil, grease, or other foreign matter on the pavement, eitherwhen the rollers are in operation or when standing.

3. Surface Tests—The surface of the pavement, after compaction, shall be smooth andtrue to the established line, grade and cross section, and when tested with a 10 footstraightedge placed parallel to the centerline of the roadway or tested by otherequivalent and acceptable means, except as provided herein, the maximumdeviation shall not exceed one sixteenth (1/16) inch in 10 feet at any point. Thecompleted surface shall meet the approval of the Developer's Engineer for ridingsurface, finish and appearance.

4. Density— HMAC shall be compacted as specified in Item 340 TXDOT standardspecifications 1995. Tests will be taken as directed by County Road Administrator orhis representative.

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J. Two Course Surface Treatment Pavement

1. All construction methods, materials, and workmanship shall conform to Item 316 ofthe TXDOT Standard Specifications for street construction dated 1995:

a. First course stone shall be Grade 3, Type B or Type PB

b. Second course stone shall be Grade 4, Type PB

2. The minimum rate of application for the AC-5 shall be 0.25-0.35 gallon per squareyard for the first course and 0.20 - 0.25 gallon per square yard for the secondcourse. The rate of application for HFRS-2P shall be 0.35-0.40 gallon per squareyard for the first course and 0.30 - 0.35 gallon per square yard for the secondcourse.

3. Rock will be applied at the minimum rate of 1 cubic yard per 90 square yards for thefirst course and 1 cubic yard per 100 square yards for the second course.

4. Rolling is required to achieve a uniform embedment and the Developers contractorshall broom off loose aggregate remaining. If bleeding occurs, the contractor shallapply sand to the finished surface for whatever period is required to absorb theexcess asphalt.

5. The type and grade of all asphaltic material and aggregate shall be approved by theCounty Road Administrator prior to application. Variations in asphaltic material mustreceive prior approval by the County Road Administrator.

K. Traffic Signs and Guard Posts

1. Signs and guard posts shall be installed by the Developer in accordance with themanual on Uniform Traffic Control Devices for Streets and Highways and as directedby the County Road Administrator.

2. The Developer shall consult with the County Road Administrator prior to theplacement of any traffic signs or guard posts.

L. Traffic Sign Requirements

1. Engineer Grade Reflective Sheeting on .080 Aluminum as follows:

a. Octagon (Stop) 30" x 30"

b. Triangle (Yield) 30" x 30"

c. Square (Regulatory Signs) 24" x 24"

d. Rectangle (Speed Limit) 24" x 18"

e. Rectangle (Large Arrows) 48" x 24"

f. Chevrons 18" x 24"

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M. Street Name Signs

1. Engineer Grade Reflective Sheeting on Flat Blade Aluminum

a. White lettering on Green Background for County Roads

b. White lettering on Red Background for Private Roads

c. Use 4" Series C or B upper-case Letters on 6 inch Street Name Sign Blank (FlatBlade)

d. Use 2" Series C or B upper-case Letters for Street, Lane, Road, etc.

N. Street Sign Requirements

1. Reflecting street signs shall be installed by the Developer at all intersections and atother points where appropriate within or abutting the subdivision.

2. Street signs shall be placed in a uniform manner throughout the subdivision.

3. Signs shall be placed on approved metal posts 7 feet above the pavement inaccordance with the TXDOT Standards and at the expense of the developer.

O. Speed Limit Signs

1. Speed limits shall be posted as needed throughout subdivision.

a. Normal speed limits in a subdivision range from 25 to 35 I^.P.H. prior to placingspeed limit signs, contact the County Road & Bridge Department to ascertainproper speed. NOTE: Unless agreed to by the Guadalupe County Sheriff or otherappropriate law enforcement agency, speed limits are not enforced by lawenforcement on private streets.

b. Speed limit signs shall be 18" x 24" engineering grade reflective sheeting onaluminum; installed on ''U" channel posts or other TXDOT approved posts.

c. All Traffic Regulatory Signs for streets to be maintained by the County must beapproved by the Guadalupe County Commissioners' Court in accord with thestatutory requirements for notice, pubic hearing and action item

P. "U" Channel Posts

1. Length: 10' - 2 pounds per foot weight

2. Color: Green

Q. Guard Post Requirements

1. 4" square reflective yellow delineator on ''U" channel post

2. 6' - 1.12 pounds per foot, galvanized

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R. Right-of-way Erosion ControlThis item shall consist of preparing a seed bed to the lines and grades indicated, sowingof seeds, fertilizing, mulching with straw, cellulose fiber, and other managementpractices in the ROW from roadway to property line and across such areas as areindicated or as directed by the County Road Administrator or his representative.

1. Preparing the Seed Bed-After the designated areas have been rough graded to thelines, grades and typical sections indicated on the plans and any other soil areadisturbed by the construction, a suitable seedbed shall be prepared. The seedbedshall consist of either 4 inches of approved topsoil or 4 inch of approved salvagedtopsoil cultivated and rolled sufficiently to a state of good tilth, which could preventthe seed from being covered too deep for optimum germination. The optimumdepth for seeding shall be .25 inch. Water shall be applied as required to preparethe seedbed. Seeding shall be performed in accordance with the requirementsherein after described.

2. Watering-The seeded areas shall immediately be watered with a minimum of 5gallons of water per square yard or as needed. Water shall be applied at a minimumrate of 10 gallons per square yard weekly, except when rainfall of half inch orgreater occurs on the site, until the grass is uniformly 1.5 inches in height.

3. Broadcast Seeding-The seed or seed mixture in the quantity specified shall beuniformly distributed over the prepared seed bed areas indicated or where directed.If the sowing of seed is by hand, rather than my mechanical methods, the seed shallbe sown in two directions at right angles to each other. If mechanical equipment isused, all varieties of seed, as well as fertilizer, may be distributed at the same time,provided that each component is uniformly applied at the specified rate. Afterplanting, the planted area shall be rolled with a corrugated roller of the "Cultipacker"type. All rolling of the slope areas shall be on the contour.

4. Hydraulic Planting-The seedbed shall be prepared, as specified above and hydraulicplanting equipment, which is capable of placing all materials in a single operation,shall be used.

March 1 to September 1Hydraulic planting mixture and minimum rate of application per 1000 square feet:

Hulled Bermuda Water Soluble Cellulose Fiber Soil

Seed (PLS=0.83) Fertilizer Mulch Tackifier1 lb. 15 lb. 45.9 lb. 1.4 lb.

September 15 to March 1Add 7 pounds per 1000 square feet of winter rye with a PLS = 0.83 to abovemixture

5. Alternative Seeding—Other methods or types of grasses may be used with thepermission of the County Road Administrator

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S. Final Inspection and Acceptance

1. The Developer, upon connpletlon of drainage. Infrastructure, roads, streets, andother facilities Intended for the use or benefit of the public, shall request, in writing,that the County Road Adnnlnlstrator conduct a final Inspection.

2. The County Road Administrator or his representative will, within 15 business days,inspect the completed work for compliance.

3. The Developer will be notified, in writing, of any work not found in compliance withthe Subdivision Rules. The County Road Administrator will establish a reasonabletime for correction of the defective work and the Developer shall make thenecessary corrections within the time set or such corrections will be made by actiontaken upon the performance bond or financial guarantee.

4. Upon a finding by the Guadalupe County Road & Bridge Administrator that thedrainage infrastructures, roads, streets and any other structure/constructionIntended for use by the public have been completed in conformity with thesesubdivision regulations, and upon a tender of a 1 year Maintenance Bond to theCounty Road Administrator, the County will place acceptance of all items to bemaintained by the County on the Commissioners' Court Agenda for approval.Inclusive of acceptance of any roads or streets Into the County Unit Road System.

5. Upon final approval, title to all streets and roads to be maintained by the Countyshall be conveyed to the County by a warranty deed, acceptable to theCommissioners' Court. Accompanying such deed shall be an adequate descriptionplat or field note descriptions prepared by a registered professional engineer or aregistered surveyor from a survey made on the ground.

T. Guarantee against Defective Work

1. The owner shall warrant the work for a period of 1 year from the date of acceptanceof the work by the County.

2. Said warranty shall bind the Owner to correct any defects In:

a. materials

b. workmanship (Including utility backfills) or

c. design Inadequacies, which may be discovered within the said 1 year period.

3. The Owner shall correct or cause his Contractor to correct at his own expense, suchdefects within 30 days after receiving written notice of such defects from the CountyRoad Administrator. Should the Owner fall or refuse to correct such defects within

the said 30 day period or to provide acceptable assurances that such work will becompleted within a reasonable time thereafter, the County may correct or cause tobe corrected any such defects at the expense of the Owner or his bond.

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U. Maintenance Bonds

1. The owner shall execute or require his Contractor to execute a maintenance bond orbonds In the total sunn of $3.50 per square yard of pavement, guaranteeing theworl< and the warranties. The County will not accept the roads until such bonds arefurnished and approved by the Commissioners' Court.

2. The Surety Company underwriting the bonds shall be acceptable if on the latest listof companies holding certification of authority from the Secretary of the Treasury ofthe United States and shall be licensed to write such bonds in the State of Texas.

V. One Year Maintenance Bond Release

1. After the final Acceptance Letter is issued, the County Road Administrator willmonitor the construction for needed construction failures and if repairs are requiredthe owner will be notified of the required repairs.

2. On the completion of the one-year warranty with no outstanding warranty claims,the Owner and his Bond Company will be given a letter of bond release.

W. Private Roads and Streets in a Subdivision

1. If roads and streets within a proposed subdivision are not to be convyed to theCounty for maintenance, the plat must clearly state that such roads and streets arenot to become County maintained roads and will not be maintained by GuadalupeCounty or any other governmental entity unless and until:

a. The roads and streets are constructed in accordance with the requirements andspecifications set forth in the Guadalupe County Subdivision Regulations.

b. A certificate of final inspection has been issued by the County RoadAdministrator; and

c. If the inspection certificate is obtained, s, such roads and streets are conveyed toGuadalupe County by the rightful owner thereof by a warranty deed in form andsubstance acceptable to Guadalupe County.

2. Newly constructed roads and streets (i.e. Roads and streets that did not previouslyexist) platted to remain private shall be constructed in the same manner aspreviously required in Article VIII herein.

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ARTICLE IX

UTILITIES

A. General

All underground water, telephone, gas, cable, and electric lines shall be buried to aminimum depth of 24 inches. All sewer lines shall be buried to a minimum depth of 24inches Sewer lines may be buried deeper than 24 inches if necessary to provide foradequate variations in elevations so as to be functional. Any utility company's mainwater distribution lines shall be located a minimum of 8 feet from the pavement edgewhen placed in County right-of-way. If the width of the County ROW Is insufficient toallow for the 8 foot requirement, then easements across private property must beobtained. All utility provider line water valves shall be conspicuously marked. Anyconduits will be installed prior to applying base material and in a sufficient number andsize to accommodate utilities needs for ail anticipated development. All backfill shall beselect fill, approved by the County Road Administrator

B. Water

1. If a developer contracts with a Public Water Provider to provide water, thesubdivision water distribution system will be engineered to meet the requirementsof rules and regulations promulgated by the Texas Commission on EnvironmentalQuality or State Law.

2. Fire Hydrant Requirements - In a subdivision that is not served by fire hydrants aspart of a centralized water system certified by the Texas Commission onEnvironmental Quality as meeting minimum standards for water utility service, theDeveloper must construct a limited fire suppression system as follows:

a. For a subdivision of fewer than 50 houses, 2,500 gallons of storage; or

b. For a subdivision of 50 or more houses, 2,500 gallons of storage with acentralized water system or 5,000 gallons of storage.

3. In a subdivision that is served by a centralized water system certified by TCEQ, allfire hydrants placed in the subdivision shall have at least 2.5 inch outlets withNational Standard Treads (N.S.T.) and one larger outlet for local fire department.(Guadalupe County Fire Departments utilize a 4.5 inch steamer connection).

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ARTICLE X

SEWAGE

A. Public Sewage FacilitiesIf a State approved sewage disposal system is available within 300 feet of any exteriorboundary line of the proposed subdivision, then the Owner/Developer/Applicant shallcause the system to be extended to serve the subdivision. .

B. On-Site Sewage FacilitiesIf a state approved disposal sewage system is not provided, the owner of the proposedsubdivision will make site evaluations in accordance with Guadalupe County and Stateregulations in effect for installation of on site sewage facilities. A representative sampleof the proposed tracts or lots will be tested and results approved by the GuadalupeCounty Environmental Health Department. If the tests are not acceptable, correctivemeasures, as specified are required.

C. Lot Size Determination

1. Lots served with Public Water:

Wastewater Application Minimum Lot Size

a. Public Sewer None

b. Septic 1.0 Acres

2. Lots served by other than Public Water Supply Systems:


a. Public Sewer 1.0 Acres

b. Septic 1.0 Acres

3. Lots located within the Edwards Aquifer Recharge Zone:The Texas Commission on Environmental Quality Rules Section for On-SiteSewage Facilities shall apply.

ARTICLE XI

FLOODPLAIN/FLOODWAY

Any subdivision within or adjoining the floodplain or floodway, shall, in addition tomeeting the requirements of these subdivision regulations, comply with the mostrecent Guadalupe County Flood Damage Prevention Order.

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ARTICLE XII

Standards for Manufactured

Home Rental Communities

SECTION I

INFRASTRUCTURE DEVELOPMENT PLAN

A. In accordance with Texas Local Government Code §232.007, an InfrastructureDevelopment Plan (IDP) is required for all rental communities.

1. The development shall have a minimum of 200 feet fronting a street or roadwaythat has been previously dedicated to the public for the public's use and benefit asa street or roadway. Access roads to the individual rental spaces must beconstructed according to the standards defined in the Subdivision Rules forGuadalupe County, Section VIII.

2. No space may contain more than one single-family residential unit. No commondriveways shall be allowed. Each space shall have separate and individual access.

3. A survey of the property shall be submitted to the County Environmental HealthDepartment prior to the request by the owner or occupier of the lot for any permitand/or utility services.

4. The owner shall submit a letter of intent, signed by the owner that stipulates theintention of the owner; name, address, phone number of the owner; names ofwater and electricity providers; and name of wastewater provider or type andusage of on-site sewage facilities.

5. The IDP shall be approved by the Guadalupe County Commissioners' Court andfiled in the minutes of the records of Commissioners' Court of Guadalupe County,Texas.

B. The Rental Community Infrastructure Development Plan (IDP) shall show atminimum the following:

1. Only 18" X 24" sheets will be acceptable and at a maximum scale of 1" = 200' (1"= 100' preferred), or as approved by the County. An index on the first sheet isrequired when one or more than two sheets are required for the IDP.

2. Names, locations, dimensions (bearings and distances), and layouts of existing andproposed streets, alleys, easements, and other public rights-of-way andpublic/private encumbrances (deed restrictions, etc.) on the property and anyproposed street right-of-way, easement, alley, park, or other public dedication.

3. Dimensions, bearings and distances, and rental lot identification numbers of theproposed rental spaces shall be shown on the plat.

4. Legal description, acreage, and name of the proposed Development. TheDevelopment's name shall not be spelled or pronounced similarly to the name ofany existing Development or Subdivision located within the County.

5. The boundary of the Development indicated by a heavy line and described bybearings and distances.

6. Scale, legend, north arrow, spot elevations on 100 foot or an appropriate grid,with 10 foot contour lines. Alternate contour intervals may be submitted based onterrain, with approval from the County.

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7. Deed record, name of owner, volume and page number of adjoining properties.

8. Right-of-ways to the County. Dates of survey and preparation of IDP.

9. Identification code, description, and elevation of the USGS or appropriatebenchmark used in the survey.

10. Twenty-five foot building setback on defined and numbered rental lots is requiredand shall be marked on the development plan.

11. Locations of any City's corporate limit line or extra territorial jurisdiction line.

12. Vicinity map with streets, ditches, general drainage flow directions to the ultimateoutfall, city limits and ETJ's, and other major land features.

13. Net area (gross area less utility, drainage and road easements) of rental spaces tothe nearest .01 of an acre for lots using on-site sewage facilities and/or well water.

14. Limits of flood hazard areas as defined by the appropriate FEMAfirm panel and theproposed finished floor elevation of buildings with these flood hazard areas on eachspace.

15. A certification by a Surveyor or Engineer describing any area of the Developmentthat is in a flood plain or stating that no area is in a flood zone, as delineated bythe appropriate FEMA firm panel and date.

16. A surveyor's signature and seal on the IDP for certification.

17. The IDP must detail the manner in which water, sewer, electricity and gas utilities,as well as telephone or cable services, are to be provided to the Development. TheIDP must show location of all of the foregoing utilities or services and anyeasements or other dedications of property to deliver those utilities or services tothe Development. The IDP, or a separate document, must include an Engineer'sCertification relative to the date or dates by which utilities or services will be fullyfunctional and that the construction of any water and sewer facilities have beenconstructed in conformity with these Regulations and any other applicable statelaw.

18. Approvals by other regulatory and governing bodies, as required.

C. The IDP submittal shall also include the following documents:

1. Letters signed and dated from the water, wastewater, and electric utilities ofservice commitment and availability and statement of approval of existing andproposed utility easements, or letter of certification as required.

2. A tax certificate showing that all taxes currently due with respect to the originaltract have been paid.

3. On-site Septic Facility Soil Analysis.

4. Engineering Design Construction Plans for roadway access to each rental space forfire and emergency vehicles.

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5. Drainage design plans to ensure adequate drainage from the rental spaces todrainage channels and out of the Development, including the design of drainagestructures, culverts, and/or systems using a 10 year flood event, such that thedrainage out of the Development does not have a negative drainage impact onneighboring properties.

6. A Facility report, as described in the TCEQ Environmental Quality, TexasAdministrative Code, Title 30, Chapter 285.

7. A letter or other written documentation from the Texas Department ofTransportation showing the Developer's/Applicant's compliance with Article III (K).

D. Inspection of Improvements: Construction of a proposed Manufactured HomeRental Community may not begin before the date the County approves the IDP.Periodic inspection of improvements may be required, as directed by the County. Ifthe County directs that a final inspection is required. It must be completed not laterthan the second business day after the date the County received a written confirmationfrom the owner that construction of the infrastructure is complete. If the inspectordetermines that the infrastructure improvements comply with the IDP, then the Countyshall issue a Certificate of Compliance not later than the fifth business day after thedate the County receives written confirmation from the owner that the infrastructurehas been completed and in compliance with the IDP.

E. Utilities: A utility may not provide utility services, including water, sewage, gas, andelectric services, to a Manufactured Home Rental Community subject to an IDP or to amanufactured home in the community unless the owner provides the utility with a copyof the Certificate of Compliance issued by the County. This requirement applies to:

1. A municipality that provides utility services;

2. A municipality owned or municipally operated utility that provides utility services;

3. A public utility that provides utility services;

4. A non-profit water supply or sewer service corporation organized and operatingunder Texas Water Code Chapter 67, that provides utility services;

5. A county that provides utility services; and

6. A Special district or authority created by state law that provides utility services.

F. Lot Size Determination:

1. Lots served with Public Water:


a. Public Sewer None

b. Septic 1.0 Acres

2. Lots served by other than a Public Water Supply System:


a. Public Sewer 1.0 Acres

b. Septic 1.0 Acres

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3. Lots located within the Edwards Aquifer Recharge Zone:

a. The Texas Commissioner on Environmental Quality rules for on-site sewagefacilities shall apply.

G. Utilities

1. All underground water, telephone, gas, cable, and electric lines shall be buried to aminimum depth of 24 inches. All sewer lines shall be buried to a minimum depthof 24 inches, except as is necessary to provide for adequate variations inelevations so as to be functional.

2. If a developer contracts with a Public Water Provider to provide water, thedevelopment's water distribution system will be engineered to meet TCEQrequirements in Texas Health and Safety Code Chapter 290.

3. Where a water line of 6 inch diameter or greater is along the roadway adjacent toor across from the proposed subdivision, and is available for service to theproposed subdivision, the Developer shall place fire hydrants to the specification ofthe State Board of Insurance Standards or the standard of any city withextraterritorial jurisdiction. Fire hydrants placed in the development shall have atleast two 2.5-inch outlets with National Standard Threads (NTS) and one largeroutlet for the local fire department. (Fire Departments operating in GuadalupeCounty utilize a 4.5 inch steamer connection.)

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SECTION II

ENGINEERING REPORT FOR RENTAL COMMUNITIES

This report, which shall be signed, dated and sealed by a licensed professional engineerregistered in Texas, shall contain detailed and definitive information on the following:

A. Water Supply Facilities

1. Public Water Systenns

a. If the water supplier is a political subdivision of the State: a county, a city,municipality, utility district, water control and improvement district, non-profitwater supply corporation, etc., the Developer shall furnish a signed letter ofservice availability from the water supplier to provide the state's minimumrequirements of quality and quantity to the proposed Development.

b. In the event the Developer must seek the creation of either an InvestorOwned Utility Provider or a Municipal Utility District In order to provide waterto the Development, the Commissioners' Court of Guadalupe County will notapprove an IDP until such time as any such entities have been legallycreated and all necessary permits/certifications are obtained from TCEQ,inclusive of any required Certificate of Convenience and Necessity.

c. If water lines exist within 300 feet of any exterior boundary line of theproposed Development, the Developer must first seel< extension of theservice provided by those water lines from the water service providerowning/operating said water lines. If such water lines exist and the waterservice provider refuses to extend the water lines to serve the Development,the Developer shall provide a letter to that effect from the water serviceprovider.

2. In the event that water is to be supplied to the Development through the use ofwater wells, then water derived from each well is to be tested, shall meetminimum TCEQ standards for portability and a copy of the results of such testsbe provided to each prospective owner or renter for whom water will be derivedfrom such well or wells.

3. Prior to IDP approval, plans and specifications for the proposed water facilitiessystem shall have been approved by all entities having jurisdiction over theproposed project, including TCEQ. Evidence of all the approvals shall be includedin the Engineering Report.

B. Wastewater Disposal Facilities

1. Centralized Sewerage Facilities

a. If wastewater treatment is provided by a political subdivision of the state (city,municipality, utility district, water control and improvement district, non-profitwater supply corporate or an existing investor-owned water supply corporation,etc.), the Developer shall furnish a signed letter of service availability to providethe state's minimum wastewater treatment standard for the proposedDevelopment from the utility.

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b. Where there is no existing entity or owner to build or nnaintain the proposedwastewater treatment and collection facilities, the Developer may establish aninvestor-owned utility or a municipal utility district by obtaining a Certificate ofConvenience and Necessity from TCEQ.

c. Prior to IDP approval, an appropriate permit to treat and/or dispose of wastes forthe ultimate build-out of the Development shall have been obtained from theTCEQ and plans and specifications for the proposed wastewater collection andtreatment facilities shall have been approved by all entities having jurisdictionover the proposed project, including TCEQ. Evidence of the approvals shall beincluded in the Engineering Report.

d. If waste water disposal services exist within 300 feet of any exterior boundaryline of the proposed Development, the Developer must first seek extension of theservice provided by those waste water lines from the waste water serviceprovider owning/operating said lines. If such waste water lines exist and thewaste water service provider refuses to extend the said lines to serve theDevelopment, the Developer shall provide a letter to that effect from the wastewater service provider.

2. On-site Sewage Facilities: The engineering report shall include soil analysis resultsas required under the Guadalupe County Regulations for On-site Sewage Facilities.

C. Roadways: The Engineering Report shall include a description of the roadways withinthe community, and include information of the roadway cross section, pavement widthand thickness, base thickness, sub grade treatment, material specifications, and otherinformation as required in these Regulations. Plans and specifications for theseimprovements shall also be submitted to the County for approval prior to construction.

D. Signage Plan:

1. Traffic Signs and Guard Posts

a. Signs and guard posts shall be installed by the Developer in accordance with themanual on Uniform Traffic Control Devices for Streets and Highways.

b. The Developer shall consult with the County Road Administrator prior to theplacement of any traffic signs or guardrails.

2. Traffic Sign Requirementsa. Engineer Grade Reflective Sheeting on .080 Aluminum as follows:

1. Octagon (Stop) 30" x 30"

2. Triangle (Yield) 30" x 30"

3. Square (Regulatory Signs) 24" x 24"

4. Rectangle (Speed Limit) 24" x 18"

5. Rectangle (Large Arrows) 48" x 24"

6. Chevrons 18" x 24"

47

3. Street Name Signs

a. Engineer Grade Reflective Sheeting on Flat Blade Aluminum

1. White lettering on Green Background for County Roads

2. White lettering on Red Background for Private-Roads

3. Use 4" Series C or B upper-case Letters on 6" Street Name Sign Blank (FlatBlade)

4. Use 2" Series C of B upper-case Letters for Street, Lane, Road, etc.

4. Street Sign Requirements

a. Reflecting street signs shall be installed by the Developer at all intersections andat other points where appropriate within or abutting the subdivision.

b. Street signs shall be placed in a uniform manner throughout the subdivision.

c. Signs shall be placed on approved metal posts 7 feet above thepavement in accordance with the TXDOT Standards and at the expense of thedeveloper.

5. Speed Limit Signs

a. Speed limits shall be posted as needed throughout subdivision.

1. Normal speed limits in subdivision will range from 25 to 35 M.P.H. Prior toplacing speed limit signs contact with the road department shall be made toascertain proper speed. NOTE: Unless agreed to by the Guadalupe CountySheriff or other appropriate law enforcement agency, speed limits are notenforced by law enforcement on private streets.

2. Speed limit signs shall be 18" x 24" engineering grade reflective sheeting onaluminum; installed on ''U" channel posts or other TXDOT approved posts.

6. "U" Channel Posts

a. Length: 10' - 2 pounds per foot weight

b. Color: Green

7. Guard Post Requirements

a. 4" square reflective yellow delineator on ''U" channel post

b. 6' - 1.12 pounds per foot, galvanized

Drainage: Must be in accordance with the requirements set forth in Article V (B).

48

APPLICATION FOR

RENTAL COMMUNITIES

GUADALUPE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT

P: 830-303-8858 / F: 830-372-3961

Please allow fifteen (15) business days for review

NOTE: The County's time frame for approval/disapproval of an Infrastructure Development Plandoes not begin until submission of a preliminan Infrastructure Development Plan.

Date:

Precinct #:

Attached Proof of 4^x6'Billboard? Yes No

School District:

Name of Owner:

Mailing Address:

Day Phone ( )

City/St/Zip:_

/ Email:

Have you filed Notice of Intent (NOI) for Stormwater Discharges Associated with Construction Activity Permit andthe associated fees with Texas Commission on Environmental Quality (TCEQ)? Yes No N/A

Name of Rental Community:

Size & Location of Original Track:

Name of Nearest Public Road/Street to Rental Community:

Name of Surveyor/Engineer:

Mailing Address: City/St/Zip:.

Day Phone ( ) / Fax{ )

***********************************************************************************************************

Utility Service Providers:

Water:

Owner Signature

Approval by Director of Environmental Health

Septic or Sewer:

Electric:

Date

Date:

49

ARTICLE XIII

ENFORCEMENT; PENALTIES

A. Enforcement

At the request of the commissioner's court, the county attorney or otherprosecuting attorney for the county may file an action in a court ofcompetent jurisdiction to:

1. Enjoin the violation or threatened violation of a requirement establishedby, or adopted by the commissioners court and contained in thesesubdivision regulations or guidelines; or

2. Recover damages in an amount adequate for the county to undertake anyconstruction or other activity necessary to bring about compliance with arequirement established by, or adopted by the Commissioners' Court andcontained in these subdivision regulations and guidelines

B. Penalties

A person commits an offense if the person knowingly or intentionally violatesa requirement established by, or adopted by the Commissioners' Court andcontained in these subdivision regulations and guidelines. An offense underthis subsection Is a Class B misdemeanor. This subsection does not apply to aviolation for which a criminal penalty is prescribed by Texas LocalGovernment code Section 232.0048.

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