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KAUFMAN
COUNTY SUBDIVISION REGULATIONS
11.
MAINTENANCE BONDS 49 1.
Introduction 1.2 All departments and agencies of Kaufman County stand ready to assist individuals, builders, and developers in achieving overall performance standards as outlined in the following chapters. 1.3 In specific cases where literal interpretation of any section would work an undue economic hardship, variances may be sought, provided the overall performance standards are met. It should not be inferred, however, that specific requirements may be ignored. Enforcement authority and penalties for violations are outlined and the Commissioners Court will press their legal rights to gain total compliance. If any questions arise as to the interpretation of the language in any sections, the County Commissioner of that precinct or their designee will resolve all differences. 1.4
These regulations are in no way intended to restrict residential or commercial
development in Kaufman County. Rather, it is hoped that through
public and private sector cooperation, Kaufman County can achieve and
maintain a quality and standard of life which reflects the highest traditions
and standards of its citizens. 2.
ENFORCEMENT 2.2 At the request of the Commissioners Court of Kaufman County, the County Attorney or other prosecuting attorney representing the county may file an action in a court of competent jurisdiction to: 2.2.1 Enjoin the violation or threatened violation of a requirement established by or adopted by the Commissioners Court under Chapter 232 of the V.T.C.A., Local Government Code; or 2.2.2 Recover damages in an amount adequate for the county to undertake any construction or other activity necessary to bring about compliance with a requirement established by the Commissioners Court under Chapter 232 of the V.T.C.A., Local Government Code. 2.3 A person who commits an offense if the person knowingly or intentionally violates a requirement established by or adopted by the Commissioners Court under Chapter 232 of the V.T.C.A., Local Government Code. An offense under the subsection is a Class B Misdemeanor. This subsection does not apply to a violation for which a criminal penalty is prescribed under Section 232.0048 of the V.T.C.A., Local Government Code. 2.4 A requirement that was established by or adopted under Chapter 436, Acts of the 55th Legislature, Regular Session 1957, as amended (Article 6626a. Vernon’s Civil Statutes), or Chapter 151, Acts of the 52nd Legislature, Regular Session 1951 (Article 2372K Vernon’s Texas Civil Statutes), Before September 1, 1983, and that, after that date, continues to apply for subdivision of land is enforceable under subsection 2.2. A knowing or intentional violation of the requirement is an offense under subsection 2.3. 3.
DEFINITIONS 3.2 BUILDING LINE OR SETBACK LINE - A line established, in general parallel to the front street line. No building or structure may be permitted in the area between the building line and the street right-of-way. 3.3 COMMISSIONERS COURT - The Kaufman County Commissioners Court. 3.5 CUL-DE-SAC - A street having one outlet to another street with a vehicular turnaround at the {"remaining" or "other"} end. 3.6 DEPARTMENT OF PUBLIC WORKS - Kaufman County Department of Public Works. 3.4 DESIGNATED ENGINEER - Registered professional engineer employed by Kaufman County or on a consultant status with the county. 3.7 DEVELOPER - Persons, corporations, organizations, government or governmental subdivision or agency, estates, trust, partnerships, associates, incorporations or other entities, which undertake the activities covered by these regulations. 3.8 EASEMENT - A right given by the owner of a parcel of land to another person, public agency or private corporation for specific and limited use of that parcel. 3.9
ENGINEER - Any person registered and currently licensed to practice civil
engineering by the Texas State Board of Registration for Professional
Engineers. 3.10.1 The extraterritorial jurisdiction of any city having a population of less than five thousand (5,000) inhabitants shall consist of all the contiguous unincorporated area, not a part of any other city, within one-half (1/2) mile of the corporate limits of such city. 3.10.2 The extraterritorial jurisdiction of any city having a population of five thousand (5,000) or more inhabitants, but less than twenty-five thousand (25,000) inhabitants shall consist of all the contiguous unincorporated area, not a part of any other city, within one (1) mile of the corporate limits of such city. 3.10.3 The extraterritorial jurisdiction of any city having a population of twenty-five thousand (25,000) or more inhabitants, but less than fifty thousand (50,000) inhabitants, shall consist of all the contiguous unincorporated area, not a part of any other city within two (2) miles of the corporate limits of such city. 3.10.4 The extraterritorial jurisdiction of any city having a population of fifty thousand (50,000) or more inhabitants, but less than one hundred thousand (100,000) inhabitants shall consist of all the contiguous unincorporated area, not a part of any other city, within three and one-half (3 1/2) miles of the corporate limits of such city. 3.10.5 The extraterritorial jurisdiction of any city having a population of one hundred thousand (100,000) or more inhabitants shall consist of all the contiguous unincorporated area, not a part of any other city, within five (5) miles of the corporate limits of such city. 3.11 FEMA - Federal Emergency Management Agency 3.12 GATED SUBDIVISION - A limited access Subdivision. Please see definition below: SUBDIVISION. 3.13 G.I.S. - Geographic Information Systems 3.14 G.P.S. - Global Positioning System 3.15 LOT - An undivided tract or parcel of having frontage on a road, which parcel of land is designated as a separate and distinct tract. All lots, so far as practical, shall have their sidelines at right angles to the road on which they face, or radial to curved road lines. 3.16 MAY - is permissive and not mandatory. 3.17 PLAT - a map depicting the division or subdivision of lands into lots, blocks, parcels, tracts, or other portions. A replat or re-subdivision will be considered a plat. 3.17.1 PRELIMINARY PLAT - one or more drawings showing the physical conditions of a tract of land and the surrounding area intended to be subdivided. This plat shall show, in sufficient detail, the developer's intended development program in order to assure that all regulations are complied with. 3.17.2 FINAL PLAT - a map or drawing and any accompanying material of a proposed land subdivision prepared in a form suitable for filing in the County records and prepared as described in these regulations. 3.18 SHALL - is mandatory and not discretionary. 3.19 STATE PLANE COORDINATE SYSTEM - A coordinate system used by States to locate spatial information with a high degree of accuracy. This coordinate system is widely used in North Central Texas for GIS purposes. 3.20 SUBDIVISION - 3.20.1 If the owner of a tract divides that tract into two or more parts to lay out: a subdivision of the tract including an addition; lots; streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts. 3.20.2
A division of a tract includes a division regardless of whether it is
made by using a metes and bounds description in a deed of conveyance or
in a contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method. 3.22 TNRCC - Texas Natural Resources Conservation Commission 3.23 TxDOT - Texas Department of Transportation 3.24 (1) One Acre Net - One acre of land after easements, right of ways, drainage and flood planes have been subtracted. 3.25
Definitions not expressly prescribed herein are to be construed in accordance
with customary usage in subdivision planning and engineering practices.
4.
ENFORCEMENT AREA 5.
PLATTING PROCEDURE 5.1.1 The submission of a preliminary plat is necessary to: 5.1.1.1 eliminate the duplication of subdivision names and street names. 5.1.1.2 assure proper alignments of streets and drainage facilities. 5.1.1.3 assure that the provisions of the Floodplain Regulations will be complied with, and that no lot will have a drainage problem. 5.1.1.4 assure that the provisions of the Sewage Regulations will be complied with. 5.1.1.5 assure that all necessary permits or plan approvals have or will be applied for. 5.1.1.6 assure that the streets will be properly constructed and maintained. 5.1.1.7 assure that the sewer systems have been approved in accordance with TNRCC guide lines and Kaufman County Department of Public Works. 5.1.2 A pre-application conference between the Applicant, the appropriate County Commissioner and designated Engineer is encouraged. The objective is to foster an informal plan review to expedite applications and reduce subdivision and site plan design and development costs. The applicant shall not be bound by the determination of the pre-application conference, nor shall the Commissioners Court be bound by any such review. 5.1.3 Seven (7) blueline copies or reproductions of the preliminary plats shall be submitted prior to or concurrent with the submission of any preliminary plats to a city exercising its extraterritorial authority. In the event the subdivision falls within the jurisdiction of both Kaufman County and the City, the more stringent of the regulations shall prevail. The complete plat application, including submission of the required filing fee, shall be submitted at least fourteen (14) working days before the meeting at which approval is requested. Two (2) sets of all construction plans must also be submitted. All construction plans, drawings and calculations shall be sealed by a Registered Professional Engineer licensed to practice in Texas. Data to be shown is listed in the subsection titled “Construction Plans.” If a developer submits an incomplete application the Commissioners Court shall not later than the tenth (10th) business day after the date the Commissioners Court receives, notify the developer of the missing information. The Commissioners Court shall allow an applicant to timely submit the missing information. 5.1.4 The appropriate Kaufman County Commissioner shall review preliminary plats for compliance with these regulations before a final plat can be submitted. No preliminary plat will be approved by the Kaufman County Department of Public Works prior to approval of the plat by a city exercising its extraterritorial authority. The Applicant/Developer(s) bears the burden of establishing whether plat approval by a municipality is required. 5.1.5 Preliminary plats shall be drawn on a 18" X 22” sheet, at a scale of 1"-200', except in those instances where a city exercising its extraterritorial authority requires a different sheet size and/or scale. 5.1.6 Preliminary plats shall show, or be accompanied by the following information: 5.1.6.1
the name, address and telephone number of the developer, owner, surveyor
and engineer responsible for preparing the plat. 5.1.6.3 the proposed name of the subdivision, and the names, locations, width and dimensions of all proposed and existing streets within the property. The proposed name of the subdivision shall not conflict with the name of any other subdivision in the county or names of adjacent subdivisions. 5.1.6.4 sufficient data to reproduce, on the ground, the bearing and length of all streets, blocks, lots and easements. Curves on streets, blocks and easements shall include the radius, length and central angle of the curve. Curves on lots shall show the radius and length of the curve. 5.1.6.5 a legal description of the property, and locate the same with respect to an original corner of the original survey of which it is a part, and the number of acres being subdivided. 5.1.6.6 All blocks, corners and angles shall be marked in accordance with minimum standards set forth by the Texas Board of Professional Land Surveyors. All corners shall be marked with caps stamped with the surveyor and/or company name. 5.1.6.7 the location of the existing boundary lines in sufficient detail to accurately locate the property. Locate the subdivision with respect to an original corner of the original survey of which it is a part. 5.1.6.8 the location and width of existing and proposed streets, roads, lots, alleys, building lines, easements, parks, school sites and any other features relating to the property. 5.1.6.9 describe the subdivisions by metes and bounds. 5.1.6.10 the description, location, width and dimensions of proposed and existing utility and pipeline easements within and adjacent to the property. 5.1.6.11 the accurate location of adjacent subdivision streets, blocks, lots and easements, or the property owner if the adjacent land is undeveloped. 5.1.6.12 the name, location and dimensions of all adjacent subdivisions and streets. Where there are no adjacent subdivisions, the preliminary plat shall show: 5.1.6.1 the name of all adjacent property owners with the volume and page of recordation. 5.1.6.2 the location and distance to adjoining subdivisions, and how the streets in the proposed subdivision may connect with those in the nearest subdivisions or other roads in the area. 5.1.6.13 existing and proposed contour lines at the following intervals: 5.1.6.13.1 when the land has less than a five percent (5%) slope, the contour interval shall not be greater than two feet (2'). 5.1.6.13.2 when the land has more than a five percent (5%) slope, the contour interval shall not be greater than five feet (5'). 5.1.6.14 the exact location, dimensions description and flowline of all existing and proposed drainage structures. 5.1.6.15 the 100-year floodplain as identified on the most current Kaufman County Flood Insurance Rate Map (FIRM) published by the Federal Emergency Management Agency. 5.1.6.16 the location of the 100-year flood plain and all lots, or any part of a lot, that lies within the 100-year floodplain. 5.1.6.17 the existing drainage areas upstream of the proposed subdivision, along with the drainage calculations of the amount of water coming into, across, and leaving the subdivision in sufficient detail to show any changes in the 100-year flood elevation across the proposed subdivision, and on the property both upstream and downstream from the proposed subdivision. 5.1.6.18 the date the plat was prepared. 5.1.6.19 a north arrow and the scale of the plat. 5.1.6.20 a location or vicinity map showing the location of the proposed subdivision within the county and to the nearest incorporated areas with a north arrow and scale of the vicinity map. 5.1.6.21 water and sewer plans, if applicable. 5.1.6.22 a certificate stating the subdivision's water supply and sewerage system plans have approval from the appropriate State agency or designated authority. 5.1.6.23 Two hundred (200’) buffer around existing physical features including, but not limited to, family cemeteries, monuments and historic burial grounds. Letter from the Kaufman County Historical Commission shall be required stating, whether there are any objects of historical significance within the proposed subdivision. Letter shall be provided with fourteen (14) working days of the request. 5.1.6.24 Designation of the proposed uses of land within the subdivision. Indicate areas for residential, commercial, industrial or public use; such as parks, churches, etc. 5.1.7 All information listed in section 5.1.6 (above) is considered to be the minimum amount of information needed to assure compliance with this Court Order. Any deviations from above items shall have the written approval of the Kaufman County Commissioners Court, prior to submittal of the preliminary plat. 5.1.8 If the proposed subdivision is a portion of a tract which is later to be subdivided in its entirety, then a tentative master plan of the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. 5.1.9 The Kaufman County Department of Public Works and County Commissioners Court will review the preliminary plat and send written comments to the developer stating the conditions of approval, if any. 5.1.10 Approval of the preliminary plat does not constitute acceptance of the subdivision, but is merely an authorization to proceed with the preparation of the final plat for record. The approval will be in effect for one year. 5.1.10.1 The 9-1-1 Coordinator shall assign said emergency numbers and addresses after approval of the preliminary plat by the Commissioners Court. 5.1.11 No grading of streets or construction is authorized in the subdivision until the preliminary plat and engineering plans are approved by the Commissioners Court. 5.1.12 Approval of the preliminary plat and engineering plans legislates the requirement that improvements be made before the final plat is submitted for approval. 5.1.13 Upon approval of construction plans - All construction shall be completed within twelve (12) months and in accordance with the terms and specifications contained in this Order, 5.1.14
The developer shall comply with the requirements listed in the Construction
Standards found in the Kaufman County Subdivision Regulations, some of
which include: 5.1.14.2 All construction and testing reports shall be furnished to the Commissioner, or his designee, certifying that the construction requirements of this regulation have been met. 5.1.14.3 Forty-eight (48) hours prior to the commencement of any major construction items such as subgrade stabilization and concrete or asphalt paving, the County Commissioner of appropriate precinct shall be notified. 5.1.14.4 The testing results must be approved prior to the constructing the next phase of construction. 5.1.15 The Developer, upon completion of drainage, roads, streets and other facilities intended for the use of the public, or purchasers or owners of lots fronting or adjacent there to, shall request from the County a final inspection. 5.1.15.1 The request shall contain a statement by the Engineer responsible for the design of said work stating that he has made an inspection of such improvements and recommends their acceptance by the County. 5.1.15.2 Attached to his letter shall be one set of "as built" drawings showing the work to be accepted for use by the County. A computer diskette or compact disk containing the "as built" plan sheets in the format and medium specified by the County may be submitted in lieu of the drawings. 5.1.15.3 The Precinct Commissioner or his designee will inspect the completed work for compliance. 5.2. Final Plats: 5.2.1 The submission of final plats is necessary to: 5.2.1.1 assure proper identification and location of all streets, lots and easements. 5.2.1.2 assure that all proper dedications have been made for streets, easements and public spaces. 5.2.1.3 assure that all necessary permits have been obtained or applied for. 5.2.2 A final plat is required unless the subdivision meets the requirements for exceptions detailed in Section 232.0015, Texas Local Government Code. 5.2.3 The developer shall submit to the Kaufman County Commissioner the original on mylar and two (2) blueline copies of the final plat, at least fourteen (14) working days prior to the Commissioners’ Court consideration. 5.2.4 The Commissioners Court shall take final action on the plat application no later than the 60th day after the date a completed plat application is received by the Commissioners Court. 5.2.4.1 An extension of the 60 days may be given as set out under Section 232.0025, Texas Local Government Code 5.2.5 For subdivisions located, wholly or in part, within the extraterritorial authority of any city, the developer shall submit to the Kaufman County Commissioners Court, two (2) blueline copies of the final plat, prior to or concurrent with the submission of the final plat to a city exercising its extraterritorial authority. No final plat will be presented to the Commissioners Court without a letter of approval or wavier provided by the city exercising its extraterritorial authority. 5.2.6 Final plats shall be drawn on an 18" x 22" Mylar sheet at a scale of 1" = 200' except in those instances where a city exercising its extraterritorial authority requires a different sheet size and/or scale. 5.2.7 The following statement shall be noted on the face of the final plat, when appropriate: 5.2.7.1 Blocking the flow of water or construction improvements in drainage easements, and filling or obstruction of the floodway is prohibited. 5.2.7.2 The existing creeks or drainage channels traversing along or across this addition will remain as open channels and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to the drainage courses along or across said lots. 5.2.7.3 Kaufman County will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. 5.2.7.4 Kaufman County will not be responsible for any damage, personal injury or loss of life or property occasioned by flooding or flooding conditions. 5.2.8 Final plats shall show or be accompanied by the following information: 5.2.8.1 the name of the subdivision, the names of the streets, the date that the plat was prepared, a north arrow and a graphic scale. 5.2.8.2 the number of all lots and blocks arranged in a systematic order, and clearly shown on the plat in distinct and legible figures. 5.2.8.3 a dedication, by the developer, of all streets, roadways, alleys, utility easements, parks, conservation easements, and other land intended for public use, and the developer's certification that all parties with any interest in the title to the subject property have joined in such dedication, duly executed, acknowledged and sworn to by said developer before a Notary Public. 5.2.8.4 the following statement shall appear on any plat containing private streets, drives, emergency access easements, recreation areas and open spaces: NOTE: All private roads {drives and streets} will be signed in a manner that indicates its private status. Kaufman COUNTY SHALL NOT BE RESPONSIBLE FOR MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND OPEN SPACES; AND THE OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF PRIVATE STREETS, DRIVES, EMERGENCY ACCESS EASEMENTS, RECREATION AREAS AND OPEN SPACES, AND SAID OWNERS AGREE TO INDEMNIFY AND SAVE HARMLESS Kaufman COUNTY, FROM ALL CLAIMS, DAMAGES AND LOSSES ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE OBLIGATIONS OF SAID OWNERS SET FORTH IN THIS PARAGRAPH. 5.2.8.5 the seal and signature of the surveyor responsible for surveying the subdivision and/or the preparation of the plat. 5.2.8.6 a space for the approval of the Commissioners Court of Kaufman County, Texas. 5.2.8.7 a space for the approval of a city exercising its extraterritorial authority. 5.2.8.8 a space for approval of electrical and natural gas suppliers if natural gas is available. 5.2.9 All information listed in section 5.2.8 (above) is considered to be the minimum amount of information needed to assure compliance with this Court Order. 5.2.10 The Kaufman County Commissioner of the precinct or his/her designee will review the final plat for its conformance, and place the subdivision on the Commissioners Court Agenda and recommend either approval or denial. 5.2.11 The final plat shall be accompanied by: 5.2.11.1 By an order adopted and entered in the minutes of the Commissioners Court, and after notice is published in a newspaper of general circulation in the county, the Commissioners Court may require the owner to execute a good and sufficient bond as set out in Section 232.004, Texas Local Government Code. 5.2.11.2 a statement of approval of plans from all conservation districts, municipal utility districts, or drainage districts. 5.2.11.3 a certificate from the Tax Assessor-Collector each stating that all taxes are paid and not delinquent, and showing that rollback taxes are paid. 5.2.11.4 a certificate stating the subdivisions water supply and sewerage system plans have approval from the Department of Public Works. 5.2.11.5 two (2) sets of as built construction plans 5.2.11.6 a copy of deed restrictions 5.2.11.7 a letter from the water supply company stating they will guarantee water service to each lot in the said subdivision. 5.2.12 After the plat has been approved and signed by the Commissioners Court, the plat will be returned to the developer for recording with the County Clerk. The final plat must be recorded within two (2) days of approval by the Commissioners Court. The owner or proprietor of the tract or the owner’s or proprietor’s agent must acknowledge the plat in the manner required for the acknowledgement of deeds. 5.2.13 The plat shall contain the following statement under the County’s signature block: Construction not completed within one (1) year of the preliminary plat approval date shall be subject to current County standards and regulations. The County may require the subdivision be replatted. 5.2.14 Commissioners Court may refuse to approve a plat if it does not meet the requirements prescribed by these rules or if any bond required under these rules is not filed with the County. The applicant shall be given a complete list of the reasons for the disapproval. 5.2.15 Upon approval, the Developer will file the plat with the County Clerk's office. The County will collect the appropriate filing fee from the person seeking the plat. The plat is subject to the filing and recording provisions of Section 12.002, Texas Property Code. 5.2.16 Security shall be payable to the Kaufman County Judge and held by County Clerk in a safe place. 5.2.17 The 9-1-1 Coordinator shall release emergency numbers and addresses for use by the developer after final plat approval and after the roads and drainage are complete. 5.2.17.1 Conveyance or sale of lots depicted on a preliminary plat shall not be permitted until the final plat has been approved, and until the record plat has been filed with the County Clerk. 5.3 Construction Plans: 5.3.1 All construction plans, drawings and calculations shall be sealed by a Registered Professional Civil Engineer licensed to practice in Texas, these plans shall be submitted with the preliminary plat. 5.3.2 Two (2) sets of all construction plans must be submitted to and approved by the Kaufman County Commissioners Court, unless a waiver is granted prior to the start of any construction. The construction plans shall consist of: 5.3.2.1 street plans 5.3.2.2 drainage plans, including outfall channels, storm sewers and inlets design. 5.3.2.3 plans for water system, if any. 5.3.2.4 plans for sewage treatment and sewer system, if applicable. 5.3.2.5 plans for adjustment of utility lines and pipelines. 5.3.2.6 location and description of all easements. 5.3.3 Street construction plans shall show: 5.3.3.1 the plan of the street, in no larger than a 1" = 50' scale, showing the location of the proposed pavement, ditches and drainage structures within the street right-of-way. 5.3.3.2 the profile of the street in no larger than a 1" = 50' scale horizontal and a 1" = 5' scale vertical. 5.3.3.3 the street grades and elevations. 5.3.3.4 vertical and horizontal curve information. 5.3.3.5
the ditch grades, design flow of water, design depth of water and design
velocity of water. 5.3.3.7 the seal and signature of the engineer responsible for the design on all sheets. 5.3.4 Drainage construction plans shall show: 5.3.4.1 the plan of the drainage ditches in no larger than a 1" = 50' scale. 5.3.4.2 the profile of the drainage ditches in no larger than a 1" = 50' scale horizontal and a 1" = 5' scale vertical. 5.3.4.3 the ditch grades, design flow of water, design depth of water and design velocity of water. 5.3.4.4 a plan and profile of all culverts under any street with the design flow of water, headwater and tailwater depths and the tailwater velocity. 5.3.4.5 the size of all driveway culverts to carry the design flow of water at each lot in the subdivision when the culvert is installed at the designed ditch grade with a minimum of 18”x24’. 5.3.4.6 typical ditch sections. 5.3.4.7 the seal and signature of the engineer responsible for the design on all sheets. 5.3.4.8 The size of each lot shall be indicated on the final plat in square feet and in acres. 5.3.5 Water construction plans shall show: 5.3.5.1 the location and size of all proposed water lines in relation to the right-of-way or easements in which the lines are to be located. 5.3.5.2 the location of all appurtenances proposed to be installed. 5.3.5.3 the minimum depth to which the water lines are to be installed. 5.3.5.4 the seal and signature of the engineer responsible for the design on all sheets, unless signed and sealed by the water company. 5.3.6 Sewer construction plans shall show: 5.3.6.1 the plan of the sewer line in no larger than a 1" = 50' scale, showing the location and size of all proposed sewer lines in relation to the right-of-way or easements in which the lines are to be located. 5.3.6.2 the profile of the sewer line in no larger than a 1" - 50' scale horizontal, and a 1" = 5' scale vertical. 5.3.6.3 the location of all appurtenances proposed to be installed. 5.3.6.4 the sewer line grades and elevations at all junction points. 5.3.6.5 the seal and signature of the engineer responsible for the design on all sheets. 5.3.7
All construction plans shall be submitted with the preliminary plat.
5.3.8 Commissioners Court will review the construction plans for their conformance, and return one (1) set of the construction plans to the developer stating: 5.3.8.1 that the plans have been approved. 5.3.8.2 or the changes that will need to be made before the plans will be approved. If any changes are required, the developer shall have the necessary changes made and submit two (2) copies of the corrected plans to the Kaufman County Commissioners Court. If all necessary changes have been made, Kaufman County will return one (1) set of the corrected plans to the developer stating that the plans have been approved. 6.
WATER AND SEPTIC SYSTEM REQUIREMENTS 6.2 The plan for sewage disposal should be clearly indicated, i.e., municipal sewer service, privately owned/organized sewage disposal system, private sewage facilities, etc. If it is the Owner’s intent that each lot purchaser shall provide private sewage facilities, those facilities must meet the requirements of the TNRCC and Kaufman County Department of Public Works. 6.3 If an owner submits a plat for the subdivision of a tract of land for which the source of the water supply intended for the subdivision is groundwater under that land, the Commissioners Court may require the plat application to have attached to it a statement that is prepared by an engineer registered to practice in this state and certifies that adequate groundwater is available for the subdivision. The form and the content of certification must be in accordance with TNRCC. 7.
SUBDIVISION REQUIREMENTS 7.1.1 Residential streets shall have a minimum width of right-of-way of sixty feet (60’) unless more is needed for drainage purposes. Minimum pavement width shall be twenty-four feet (24’) of six inch (6”) concrete with not less than six inches (6”) of Portland cement concrete with half inch (1/2”) re-bar on twenty-four inch (24”) center, or not less than three inches (3”) of hot-mix asphalt overlay. The base course of the roadway section shall be a minimum width of twenty-six feet (26’) crushed stone at a depth of ten inches (10”). The subgrade shall be lime stabilized to a depth of six inches (6”). 7.1.1.1 OPTION 1. Portland Cement The base shall be Twenty-four feet (24’) wide. Base may be constructed in the following manner: 7.1.1.1.1 Maximum ten inches (10”) flexible base compacted to 95% Standard Proctor Density or; 7.1.1.1.2 minimum 3” cushion sand or; 7.1.1.1.3 combination of both A & B depending upon soil conditions. 7.1.1.2 OPTION 2. 3” Application Asphalt The flexible base shall be twenty-four feet (24’) wide. Base may be constructed of Kaufman County native rock to a depth of ten inches (10”) compacted to 95% of Standard Proctor Density and be twenty-four feet (24’) wide. The flexible base shall be covered with a primer twenty-four feet (24’) wide, one-third (1/3) gallon per square yard. 7.1.2 All roads or streets more than one hundred feet (100') in length shall either be connected at both ends to a dedicated street, or be provided with a turnaround having a minimum paved radius of forty five feet (45') and a minimum right of way of one hundred ten (110'). 7.1.3 All roads or streets shall have a minimum grade of four-tenths percent (0.4%). Grades of more than ten percent (10%) shall only be allowed upon approval of the County. 7.1.4 A proposed subdivision that adjoins or encompasses an existing public street, that does not conform to minimum right-of-way requirements of these regulations, shall provide for the dedication of additional right-of-way along either or both sides of said street so that the minimum right-of-way required by these regulations can be established. If the proposed subdivision abuts only one side of said street, then a minimum of half of the required right-of-way shall be dedicated by such subdivision. 7.1.5 Where any portion of a road or street has been dedicated in an adjoining subdivision, adjacent to and along the common property line of the two subdivisions, enough width of right-of-way must be dedicated in the new subdivision to provide the minimum width specified herein. 7.1.6 Roads or streets which are a continuation of any existing road or street shall take the name of the existing road or street. 7.1.7 A cul-de-sac shall have a maximum length of 600 linear feet. Measured along the centerline. 7.1.8 All roads or streets preferably shall intersect at a ninety degree angle. Where this is not possible, the intersection, on the side of the acute angle, shall be rounded with a curve or a cut-back, but in no case, shall the curve have less than a twenty-five foot (25') radius. 7.1.9 New roads or streets, which are a continuation of an existing road or street, shall be a continuation, without off-set, of the existing road or street. 7.1.10 Where roads or streets in an adjoining subdivision end at the property line of the new subdivision, the said roads or streets shall be continued throughout the new subdivision. Where there are no adjacent connections platted, the roads in the new subdivision shall be a reasonable projection of the roads or streets in the nearest subdivisions. 7.1.11 No decorative squares, trees, "islands", ornamental entrances or any other obstruction to traffic shall be constructed or preserved within the right-of-way of a road dedicated to the public without the written permission of the County Commissioners Court. If landscaping and/or irrigation is proposed within the right of way, the owner shall create a body (municipal utility district, homeowners association, neighborhood association, etc.), that will be responsible for the maintenance and liability of the landscaping and/or irrigation system. This body shall have assessment authority to insure the proper funding for maintenance. 7.1.12 The entrances and/or exits to a subdivision shall be by public road or street, and each lot shall front upon a public street. Entrances and exits must be separated from any other intersection of a State Highway or County Road by at least four hundred (400) feet. 7.1.13 Flared entrances to subdivisions shall be provided to accommodate access by large trucks. 7.2 Private Roads 7.2.1 Private roads cannot be included in a subdivision without prior approval of the Commissioners Court. When a request for a private road is received by the Designated Engineer, it will be presented to the Commissioners Court for their approval or disapproval. 7.2.2 Private streets, roads, emergency access easements, shall be termed as a vehicular access way under private ownership and maintenance. 7.2.3 Private streets, etc. shall conform to Kaufman County Subdivision Regulations: 7.2.4 Gated subdivisions (security gates or guard stations) are considered privately owned and will be maintained without any County contribution. 7.2.5 The County is responsible for the health, safety, and welfare of its citizens. This responsibility would include emergency services such as fire, ambulance, and law enforcement. The
following statement shall appear on any Plat containing private streets,
drives, emergency access easements, recreation areas and open spaces:
Note: Kaufman county shall not be responsible for maintenance of private streets, drives, emergency access easements, recreation areas and open spaces; and the owner shall be responsible for the maintenance of private streets, drives, emergency access easements, recreations area and open spaces, and said owners agree to indemnify and save harmless Kaufman county, from all claims, damages and losses arising out of or resulting from performance of the obligations of said owners set forth in this paragraph. 7.3 Drainage and Utility Easements 7.3.1 Utility easements shall be a minimum of ten feet (10') in width, and normally located along a property or lot line. It shall be the duty of the developer to insure that all easements are of the proper width and location to serve the using utility companies. 7.3.2 No road will be accepted for maintenance by Kaufman County, which contains a petroleum pipeline within the right-of-way, other than crossing pipelines. 7.3.3 The right-of-way must be used only for purposes of paving and maintaining streets and installing, continuing and maintaining storm sewers; any additional utilities will require separate utility easements or right-of-ways. 7.3.4 Water and sanitary sewer mains may be located within dedicated street right-of-ways if approved by the governmental entity responsible for the maintenance of the water and sanitary sewer improvements. If approved by the governmental entity, water and sanitary sewer improvements shall be located in the street parkways (area between back of curb and right-of-way line). 7.3.5 The County does not provide maintenance for drainage. 7.3.6 The area identified as drainage easement will be subtracted from the raw lot size in determination of acceptable lot size for construction. 7.3.7 Drainage easements shall generally be located along the existing drainage way, and shall meet the following standards: 7.3.7.1 All drainage easements in a new subdivision must be of adequate width to permit drainage and flood control for all land whose natural drainage runs through the property. 7.3.7.2 All easements shall be designed to allow maintenance equipment to enter the easement and be able to perform the necessary work. 7.4 Lot Sizes and Building Setbacks 7.4.1
Each lot shall have the minimum direct frontage onto a permitted street
set forth below and driveways shall be spaced no closer than the minimum
space intervals set forth below, depending on the classification of road
onto which the lot has frontage and the driveway has access: 7.4.2 A developer with plans that vary from the above minimum direct lot frontage requirements or minimum driveway spacing requirements must appear before Commissioners Court for a ruling on said variance. 7.4.3 Based on the presence of an on-site sewage facility, the minimum lot size on which development activity will be allowed shall be (1) one acre net. This minimum lot size may vary depending upon a report from the Department of Public Works and a designated engineering report, but in no case shall the minimum lot size be less than (1) one acre net. 7.4.4 Subdivisions served by public water supply and by public sewage disposal system shall have an average density of not more than one (1) lot per acre. 7.4.4.1 Subdivisions served by Public Water Supply and by Public Sewage Disposal System and have curbed and guttered paved streets or roads, shall have a average density of not more than four (4) lots per acre. 7.4.5 Side lot lines should normally be at a ninety-degree angle to the street. 7.4.6 All straight lines shall clearly show the length of the line, and the plat shall show enough information to readily determine the bearing of all lot lines. 7.4.7 All curved lot lines shall clearly show the length of the arc and radius of the curve, or show enough information on the plat to readily determine the radius of the curve. 7.4.8 Building and set-back lines shall be 50 feet from the edge of the right-of-way on all state and federal roads, and 25 feet on all other roads. Building and set-back lines shall be shown on both the preliminary and final plats. If the above set-back lines differ from those adopted by a municipality with extraterritorial jurisdiction, the set-backs of the municipality shall apply. 7.4.9 Developer is also responsible for adequate sound abatement measures to mitigate traffic noise. 7.5 Floodplains 7.5.1 Subdivisions that are located in a flood zone as shown on the current Flood Insurance Rate Map (FIRM) for Kaufman County will have the following requirements: 7.5.1.1 Permanent type bench marks shall be set in appropriate locations with the description and elevation shown on the plat. The elevation of the benchmark shall be tied to a benchmark shown on the FIRM panel. 7.5.1.2 All subdivision proposals shall be consistent with Kaufman County’s Floodplain Regulations. 7.5.1.3 Contours at one-foot (1’) intervals shall be shown on the plat. 7.5.1.4 The finished floor elevation must be shown for each lot located in the floodplain. 7.5.1.5 The floodplain area of each lot shall be subtracted from the overall lot size to determine minimum lot size. 7.5.1.6 The provision of and maintenance of drainage for the purpose of flood damage reduction on individual private lots is not the responsibility of the County. 8.
CONSTRUCTION STANDARDS The County Commissioner of appropriate precinct shall be notified forty-eight (48) hours prior to the commencement of any major construction items such as subgrade stabilization and concrete or asphalt paving. County inspection will be provided on a “when available” basis. In addition, the designated engineer or county representative shall be engaged for the inspection of construction. All construction and testing reports shall be furnished to the Commissioner, or his designee, certifying that the construction requirements of this regulation have been met. The testing results must be approved prior to the constructing the next phase of construction. The designated Engineer or his/her representative shall issue a STOP WORK ORDER whenever the developer or their contractor fails to adhere to the plat, plans or specifications approved by the Commissioner’s Court. The developer may not continue development until the deficiencies listed in the STOP WORK ORDER are corrected. If the developer or his contractor fails to correct the deficiencies, the subdivision will not be accepted by Commissioner’s Court. The
following requirement may vary, if the designated Engineer files a written
report stating why a variance should be granted 8.1 Preparing and Clearing the Right-Of-Way 8.1.1 The Developer shall clear the right-of-way in a manner conforming to TxDOT Item 100. All unstable sub-base or objectionable material shall be removed and replaced with materials acceptable to the County. 8.2 Roadway Excavation and Embankment 8.2.1 Any roadway excavation necessary to attain conformance with proposed road grades and typical cross-sections shall be done in conformity with TxDOT Item 110. In cases where the proposed road grades and cross-sections require the placing of fill material to raise the roadway, such embankment fill shall be constructed in conformity with TxDOT, Item 132. Completed side slopes shall not be steeper than 3-to-1. Completed cuts shall have side slopes no steeper than 3-to-1. 8.2.2 Requirements for slopes in cuts and on fills may be modified if the Developer presents plans designed, signed and sealed by a designated engineer, substituting adequate retaining walls or demonstrates that cuts are in materials of adequate stability. If blasting is required, TxDOT, Item 7.9 shall be followed. 8.3 SubGrade and Base Courses 8.3.1 All streets or roads must be constructed with a subgrade base. The subgrade base material in all streets or roads shall be of the following; 8.3.1.1 Plasticity index minimum 6, maximum 45 8.3.1.2 Base shall be bladed to a depth of twelve (12) inches, then 8.3.1.3 Compacted with a weighted roller, 8.3.1.4 Watered, bladed and rolled before any flexible base material is placed on it 8.3.1.5
At least twenty-four (24) feet wide. 8.3.3 Before placing any material, the contractor shall furnish the County Commissioner, or his/her designee, with reports of analysis of the proposed materials made by an approved laboratory. 8.3.4 Within 48 hours before placing the base material, the sub-grade shall be checked as to conformity with grade and section and shall be tested for density in accordance with subsection 14.5, Testing and Inspections. It shall be the responsibility of the contractor to provide the required amount of specified material in each one-hundred (100) foot station. 8.3.5 In addition to the requirements specified for density, the full depth of flexible base shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. Construction equipment shall be limited to units not exceeding legal loads. 8.3.6 If the base material fails to meet the density requirements, it shall be reworked as necessary to meet these requirements. 8.3.7 All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. 8.3.8 Should the base course, due to any reason or cause lose the required density or finish before the surfacing is complete, it shall be recompacted and refinished at the sole expense of the contractor. 8.4 Subbase Stabilization 8.4.1 The subbase shall be stabilized using lime treatment. Lime stabilization shall conform to TxDOT, Item 260. 8.4.1.1 A lime application rate of thirty-six (36) pounds of lime (8 percent by weight) per square yard of six (6) inch compacted thickness is recommended. 8.4.2 An independent testing laboratory prior to construction shall verify the optimum percentage. 8.4.3 Lime treated subgrade shall be compacted to a minimum of 95% of Test Method TEX-121, Part II. 8.4.4 Roadway density testing will be as outlined in Test Method TX-115-E. 8.5 Pavement Widening 8.5.1 Before any pavement is widen, the existing pavement shall be cut back two (2) feet to assure an adequate subgrade and pavement joint, as per TxDOT Specifications. 8.6 Culverts and Structures 8.6.1 The culvert design shall be sized by a Registered Professional Engineer and a map or list containing the size of each pipe shall be attached to the plat. The developer will be held responsible for notifying builders and lot owners of this requirement and ensuring the properly sized culvert is installed. 8.6.2 Concrete, wherever mentioned in these regulations, shall be Class A concrete as defined in TxDOT, Item 421, except for machine-laid curbs, which shall be Class C concrete. Concrete materials, placement methods, placement temperatures, curing, etc., shall be in accordance with TxDOT, Items 420 and 421. 8.6.3 Pipe culverts shall be of corrugated metal pipe or reinforced concrete pipe and shall conform to TxDOT, Items 460, 461, 462, 464. Manholes and inlets shall conform to TxDOT, Item 465, and Frames, Grates, Rings and Covers shall conform to TxDOT, Item 471. 8.6.4 When concrete box culverts are constructed, materials and installation shall be in accordance with TxDOT, Item 462. Headwalls and wingwalls shall conform to TxDOT, Item 466, and Safety End Treatments shall conform to TxDOT, Item 467. 8.6.5 Where metal or concrete pipe culverts are installed, concrete headwalls or four (4) inches of reinforced concrete riprap shall be built at the inlet and outlet and shall conform to TxDOT, Item 466. Headwalls, on other than driveways, shall have a slope corresponding to the embankment, but not exceeding a 4-to-1 slope. 8.6.6 Minimum pipe culvert size shall be eighteen (18) inches. 8.6.7 In high embankments, structures need not be carried to top of slope if wingwalls and adequate parapet headwalls are provided with an adequate apron. 8.6.8 For outlet velocities exceeding eight (8) feet per second, an energy dissipater must be installed. 8.6.9 Designs of wingwalls and parapets must be submitted for approval and bear signatures and seal of the Designated Engineer. 8.6.10 Property owners constructing a private driveway intersecting a public road or street shall contact the Precinct Commissioner for the proper culvert size. 8.6.11 The culvert shall be constructed/installed in the flowline of the ditch. 8.7 Testing and Inspections 8.7.1 The Developer is responsible for coordinating, paying for all inspection, on-site collection, and delivery of samples to an authorized laboratory, and for on-site, and off-site testing done by the laboratory. In addition, a Designated Engineer shall be engaged for the inspection of construction at the expense of the Developer. 8.7.2 Street, Road and Structures testing by an authorized laboratory is required as follows: 8.7.2.1
Street Sub-grade 8.7.2.2
Base Course 8.7.2.3
Concrete Structures 8.7.3
The Developer shall provide the County with a minimum of forty-eight (48)
hours’ notice prior to any inspection that the County is to perform.
The County must approve laboratory-testing companies to be used by the
Developer. 8.8 Street and Road Plans 8.8.1 Typical cross-sections showing the proposed pavement width, type, thickness, and crown, and the proposed curb type and sidewalk (if any), and relation to curbs and property lines shall be submitted for approval. This information shall be given for each of the different types of streets in the subdivision. 8.8.2 Construction details shall be submitted for approval for all drainage structures including dimensions, reinforcing and components such as grates, manhole covers. For each drainage structure submit for approval a complete cross-section, showing flow line elevations, roadway, fill over structure and inlet / outlet configuration. 8.8.3 Alignment of each street and drainage easement shall be shown, including the following: 8.8.3.1 A beginning and ending station; 8.8.3.2 Each deflection angle of the center-line and the station of the point of intersection; 8.8.3.3 The station of the point of curvature and the point of tangency of each curve; 8.8.3.4 The station and angle of intersection of each intersection with another street or drainage easement; 8.8.3.5 The station and radius of each curb return; the location of adjacent right-of-way lines; the location and limits of sidewalks and curbs of each street; 8.8.3.6 The location of each drainage structure; the location and size of all storm sewers; 8.8.3.7 The location, description, and elevation of bench marks; 8.8.3.8 The top of curb grade at each curb return; 8.8.3.9 The center-line grade at each end and at grade changes along drainage ditches; 8.8.3.10 The gradient of each tangent grade and the location and length of each vertical curve; 8.8.3.11 The direction of storm drainage flow at each intersection; 8.8.3.12 The flow line elevation of each storm sewer at each point of change of grade, at each end, and at intervening gradients. 8.8.4 The profiles of streets and drainage ditches shall show the natural ground at adjacent property lines and the proposed centerline. 8.8.5 Plan and profile drawings shall include the scale, north arrow and date; shall be drawn to scale of one (1) inch equals fifty (50) feet (1”=50’) horizontally and one (1) inch equals five (5) feet (1”=5’) vertically. 8.8.6
All street plans and profiles shall bear the signature and seal of a
8.9 Signs 8.9.1 All roads and streets shall be provided with standard road safety and directional signs common to highway in Texas. Signs and guard posts shall be installed by the Developer in accordance with the latest volume of Texas Manual on Uniform Traffic Control Devices for Streets and Highways and Public Transportation. 8.9.2 All roads and streets must be named and marked by the Developer with permanent reflectorized metal signs on metal posts, the letters to be at least four (4) inches high. 8.9.3 The color is to be green with white lettering for public roads and red with white lettering for private streets. 8.9.4 Roads and streets in the subdivision shall be named and numbered for each lot given a postal address. The numbers assigned shall be shown on the final plat. Names and numbers shall be checked by the Department of Public Works to avoid duplicate names or similar spellings for other roads in the county and surrounding area, the Commissioners Court will give final approval. 8.9.5 For ease in the emergency location of an address, all residences shall prominently display the numerical street address for easy recognition. 8.9.6 All hazardous locations shall be marked with reflecting yellow object markers-that conform to TxDOT, Item 658. 8.9.7 All subdivision streets and drainage structures shall be marked and protected in accordance with the provisions of the Manual on Uniform Traffic Control Devices. 8.9.8 For vehicular traffic safety and pedestrian safety, all street signs shall be in place upon acceptance of the roads and before release of Maintenance bond. 8.10 Mailboxes 8.10.1
For purposes of public safety, the County encourages the use of clustered
or community mail facilities whenever possible to reduce collision hazards.
8.11 Construction Completion 8.11.1
Upon completion of construction of each street, road, and alley, all trees,
brush, rocks, and other material created by said construction must be
removed and dumped at an authorized refuse and/or fill site.
8.11.3 9-1-1 addresses and emergency numbers will not be released to developer for use without the expressed written consent of the appropriate Commissioner. 8.11.4 To provide for the safety of residents and to avoid homeowners living on roads/streets under construction, lots may not be sold until roads/streets have been approved by Commissioners Court. 9.
DRAINAGE STANDARDS All roads, street drainage structures shall be complete within twelve (12) months from the date of plat approval, unless an extension of time is granted by Commissioners Court. 9.1 Lot Requirements 9.1.1 Lots and private property shall be graded so that surface drainage from said property shall be taken to streets or drainage courses as directly as possible. Drainage water from roads and streets shall be taken to defined drainage courses as directly as possible. Roads and streets shall not be used as drainage course. If the contour lines on the final plat indicate that the lot or lots may not drain, the Commissioners Court shall not approve the plat until correction of said drainage has been completed. 9.1.2 Houses built on a sloping lot, which is lower than the road on which it fronts shall be built at an elevation high enough to prevent damage from drainage flow from the road. The Developer is responsible for notifying a prospective buyer of this requirement. 9.2 Drainage Ditches for Streets Without Curbs All
streets without curbs and gutters shall have drainage ditches adjacent
to and running parallel to streets or roads. Drainage ditches shall
have a minimum depth of eighteen inches (18") below the level of the edge
of the adjacent streets or roads. 9.3 Drainage Course Crossing Permanent drainage structures, including, but not limited to culverts, pipes, drainage boxes and bridges shall be installed at all crossings of drainage courses, including drainage ditches with driveways, roads and streets. At least one permanent driveway with proper drainage shall be constructed to property line at same time road is constructed. 9.4 Permanent Drainage Structures The exact diameter and type of permanent drainage structure, including culverts, pipes, drainage boxes and bridges, shall be approved for each subdivision by the designated Engineer. The minimum dimensions for culverts for any subdivision shall be twenty-four (24) feet in length; eighteen (18) inches in diameter and if the culvert is made of steel it shall have a minimum gauge of sixteen (16). 9.5 Erosion Control All drainage ways shall be designed to function properly without permitting settlement or erosive velocities. Where specifically designated by the designated Engineer or Commissioners Court, permanent obstacles, such as concrete or rock retards, shall be installed on the sloping sides of drainage ditches and drainage courses to prevent erosion. 9.6 Cross-Slope Grade Open
drainage channels and ditches shall be constructed with a proper cross-slope
grade and an alignment, which will facilitate less destructive velocities
of drainage waters. 10.
STORM WATER MANAGEMENT 11.
MAINTENANCE BONDS 11.1.1 To insure roads, streets, street signs, underground utilities, required drainage structures and all other construction are maintained to the satisfaction of the Commissioners Court, a maintenance bond executed by a Surety Company authorized to do business in this state, and made payable to the Kaufman County Judge or his/her successor in office, shall be submitted prior to the approval of the final plat. 11.1.2 The maintenance bond amount shall be equal to forty (40%) percent of the estimated cost of roads, streets, street signs, and required drainage structures. 11.1.3 The conditions of the maintenance bond shall be that the Owner shall guarantee to maintain, to the satisfaction of Kaufman County, all of the streets, roads, drainage structures and drainage ditches and channels which have been constructed to specifications with construction security released by Court Order from Commissioners Court, in a good state of repair for a period of two (2) year from the date of official release of construction security. 11.1.4 Periodical inspection of roads, streets, street signs, underground utilities, required drainage structures and all other construction for which maintenance security is held, will be made by the Commissioner or their designee during the period of liability covered by the maintenance bond. In the event any or all of the roads, streets, street signs, underground utilities, required drainage structures and all other construction are not being maintained in a good state of repair, the Owner will be so advised in writing and, if after a reasonable time, he fails or refuses to repair said items, they shall be maintained at the cost and expense of obligees as in said orders provided. 11.1.5 The release of any bond shall be by order of the Commissioners Court. To request a release the developer who posted the bond in question shall present a written request to release said bond. Additionally a final report from the designated engineer with his/her recommendation of approval or disapproval shall be filed with the court at this time. A computer diskette or compact disk containing the "as built" plan sheets in the format and medium specified by the County may be submitted in lieu of the drawings. The written request of bond release shall be received by Kaufman County at least fourteen (14) working days prior to the next regularly scheduled meeting of Commissioners Court. 11.2 Final Inspection 11.2.1 The Developer, upon completion of drainage, roads, streets and other facilities intended for the use of the public, or purchasers or owners of lots fronting or adjacent there to, shall request from the County a final inspection. 11.2.2 The Precinct Commissioner or his/her designee will inspect the completed work for compliance. The Developer will be notified in writing of any work not found in compliance with the Subdivision Regulations. 11.2.3
If substantial patching is required during the two-year maintenance period,
roads or streets must be resurfaced with appropriate material.
11.3 Irrevocable Letter of Credit (In lieu of bond) 11.3.1 An Irrevocable Letter of Credit may be submitted in lieu of bonds, for the purpose of insuring a developer's promise to maintain the roads and drainage of facilities in subdivision. 11.3.2 The Irrevocable Letter of Credit must be accompanied by a letter from the lending institution listing the accumulative amount of all Irrevocable Letter of Credit issued to the County by that institution on behalf of the developer and or his/her DBA’s. The accompanying letter must also list each current Irrevocable Letter of Credit in force in Kaufman County, the name of the project and each amount. 11.3.3 Irrevocable Letters of Credit in lieu of Bonds are required under the same conditions as Maintenance Bonds. 11.4 Other Security Any
type of security for Maintenance other then Bonds and Irrevocable Letter
of Credit shall be by written request to Kaufman County and approval by
the Kaufman County District Attorney's Office. 12.
REVISION AND CANCELLATION OF PLATS 12.1.1 The owner of an existing lot or lots in a platted subdivision may submit an application to revise the portion of the existing plat affecting such lot(s), unless prohibited by restrictive covenants or plat notes filed pursuant to these Regulations, by submitting the following to the County. 12.1.1.1 Seven (7) copies of the proposed revised plat, conforming in all respects to the requirements of these Regulations; or, if submitted by a private homeowner who is not a developer in the subdivision, other materials acceptable to the Commissioners Court clearly setting forth the desired amendment. 12.1.1.2. A statement giving the reason(s) for the proposed revisioner; and 12.1.1.3 A filing fee as specified, and may be amended from time to time by the County. 12.2 Public Notice 12.2.1 After the date, the County posts the re-subdivision for consideration by the Commissioners Court, but before the application is considered by the Court, the applicant shall file proof that the owner, at its expense, has delivered or published all notices required by the Texas Local Government Code, Section 232.009, including: 12.2.1.1 A notarized publisher’s affidavit demonstrating publication of the application in a newspaper of general circulation in the area affected by the re-subdivision, including a statement of the time and place at which the Commissioners Court will meet to consider the application and hear protests, if any. As required by the Texas Local Government Code, Section 232.009, the notice shall be published three (3) times during the period beginning on the thirtieth (30th) day and ending on the seventh (7th) day prior to date of the Commissioners Court hearing; and 12.2.1.2 Delivery of notice of the application to all owners within the original subdivision by certified or registered mail, return receipt requested, at the owners’ addresses in the subdivided tract. 12.2.1.3 If all or part of the subdivided tract has been sold to non-developer owners, the Commissioners Court shall also give notice to each of those owners by certified or registered mail, return receipt requested, at the owners’ address in the subdivided tract. 12.2.1.4 The Commissioners Court is not required to give notice by mail under subsection 12.3.1.2, if the plat revision only combines existing tracts (i.e., it does not increase the number of lots). 12.3 Criteria for Approval 12.3.1 The Commissioners Court may approve an application to revise a subdivision upon finding that: 12.3.1.1 The revision will not interfere with the established rights of any owner of a part of the subdivided land, or each owner whose rights may be interfered with has agreed to the revision; and 12.3.1.2 The plat as revised conforms to the requirements of the Regulations. 12.4
12.4.1 The owner may make the revision by filing for record with the County Clerk a revised plat or part of plat that indicates the changes made to the original plat. 12.5 Cancellation of Subdivision 12.5.1 A real property owner may apply to the Commissioner Court for permission to cancel all or part of the subdivision. 12.5.2 The application for cancellation must show that the cancellation of all or part of the subdivision does not interfere with the established rights of any purchaser who owns any part of the subdivision or that the purchaser agrees to the cancellation. 12.5.3 The Commissioners Court shall authorize the owner to file the instrument canceling the subdivision in whole or in part. 12.5.3.1 The instrument must describe the subdivision or the part that is cancelled. 12.5.4 Notice of an application for cancellation must be published in a county newspaper for at least three (3) weeks. 12.5.4.1 Notice must direct any person who is interested in the property and who wishes to protest the proposed cancellation to appear at the time specified in the notice. 12.5.5 The assessment of the property by the county tax assessor-collector shall be done as specified in Section 232.008 of the Texas Local Government Code. 12.5.6
The authorization of the cancellation by the Commissioners Court shall
be conducted as specified in Section 232.008 of the Texas Local Government
Code. 13.
PRIOR APPROVALS A plat application for land that already has received preliminary plat approval prior to the effective date of these 2000 Subdivision Regulations shall be based upon the subdivision regulations in effect immediately prior to these Regulations, and such regulations are kept in effect for such purposes. Development of land subject to this Section may be subject to development permit or on-site sewage facility permit regulations duly adopted by County order. 13.2 All other plat applications All other plat applications, including replats, plat amendments or applications for plat approval following plat cancellation, shall be subject to the regulations and development standards contained in these 2000 Subdivision Regulations. 14.
SEVERABILITY 15.
AMENDMENT TO REGULATIONS THESE
REVISED SUBDIVISION REGULATIONS INTRODUCED, READ AND PASSED by an affirmative
vote of the Commissioners Court of Kaufman County, Texas on the 3rd day
of January 2000. ___________________________
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