SUBDIVISION REGULATIONS  FOR  MCMULLEN COUNTY, TEXAS  EFFECTIVE DATE:  AUGUST 30, 2011  ENTERED THIS 30DAYOF LULAD .20/_AND RECORDED VINVOL. 17,PAGE. MCMULLEN COUNTYTEXAS    TABLE OF CONTENTS  PAGE 1 2 3 13 16 17  PARTI. PARTII. PARTIII.  ADMINISTRATIVEPROVISIONS  DEFINITIONS PLATPROCEDURES  PARTIV. SUBDIVISION STANDARDS AND REQUIREMENTS  PARTV.  BOND OR OTHER FINANCIAL SECURITY  PART VI. ENFORCEMENT PART VII. APPENDIX  Exhibit A: Drainage Standards Exhibit B: Road Standards Exhibit C: Lot Frontage Standards Exhibit D: Fire Suppression System Standards Exhibit E: Subdivision Plat Application Form Exhibit F: Exceptions to Plat Requirements  Exhibit G: Fee Schedule    PARTI. ADMINISTRATIVE PROVISIONS  1.1 Enactment = These Subdivisions Regulations for McMullen County, Texas are lawfully adopted, enacted, and approved by the Commissioners Court of McMullen County, Texas in compliance with Chapter 551 oft the Texas Government Code, the Texas Open Meetings Act, and other authority. These regulations are adopted pursuant to the authority and powers expressly and 1.2 Public. Purpose Declaration - As described byt these regulations, the Commissioners Court expressly adopts, enacts, and approves the authority and powers expressly and impliedly authorized by the legal authority described in these regulations, including Subchapters A and E ofthe Texas Local Government Code, in order to accomplish the following, worthwhile public purposes: (A) These regulations shall govern plats and subdivisions of land within the unincorporated area ofthe county to promote thel health, safety, morals, and general welfare ofthe county and the safe, orderly, and healthful development oft the unincorporated area of the county. (B) These regulations shall ensure that adequate plats, design and planning procedures, water and sewer facilities, and utility and transportation infrastructure are provided in the 1.3 Public Purpose Advancement - The Commissioners Court finds that the adoption, enactment, approval, and enforcement ofthese: regulations shall accomplish, substantially: yadvance, 1.4 Conditions Precedent - All notice requirements and conditions precedent for the lawful adoption, enactment, approval, and enforcement of these regulations have been lawfully  impliedly granted by the Texas constitution and statutes.  unincorporated area ofthe county.  and achieve all public purposes described in these regulations.  accomplished.  1.5 Effective Date - The effective date oft these regulations is August 30, 2011.  1.6 PartallmaldiySeerane - Should any part of these regulations, or the application or enforcement thereof, be adjudged invalid by any court or1 regulatory agency, thei remainder oft these regulations shall remain operable, enforceable, and fully effective. These regulations supersede: any sublivisionregulations previously: adopted, enacted, ordered, or approved by the county priort tot the 1.7 Appendix - Attached to these regulations is an. Appendix. All documents oft the Appendix 1.8 Municipal ExtraterritorialJurisdiction - Theauthority oft the county to regulate plats or subdivisions in the extraterritorial jurisdiction of a municipality is subject to any applicable limitation prescribed by an agreement between governmental entities pursuant to, or an exemption  effective date oft these regulations.  are true, correct, and incorporated by reference.  1    existing under, Chapter 242 oft the Texas Local Government Code or other relevant authority. 1.9 Regulatory Powers Adopted - Additionally, the authority and powers authorized by the following constitution and statutes are adopted, enacted, and approved as a basis for and in support of the these regulations, and the enforcement of these regulations: Article V, Section 18, Texas Constitution; Sections2 212.013,212.014,212.015,212.016,252.001,252.0015,232.0015,232.002, 232.021,232.0025,232.005,232.0031,232.0032,2532,232.0035,252.004,232.0045,232.0048,232.005, 232.007, 232.008, 232.0083, 232.0085, 232.009, 232.0095, 232.010, 232.011,232.025, ,232.029, 232.032, 232.101, 231.102, 232.103, 232.104, 232.105, 232.106, 232.107, 232.108, 232.109, 233.031, 233.032, 233.033, 233.034, 233.035, 233.036, 233.037, 242.001, and 242.0015, Texas Local Government Code; Chapter 12, Texas Property Code; Sections 201.619, 251.003, and 251.008, Texas Transportation Code; Ch. 16, Subch. I, Texas Water Code; 42U.S.C. $8 4001 etseg. and 44C.F.R. Ch.I I, Subch. B, Parts 59, 60 (relating to thel National Flood Insurance Program); the McMullen County Flood Damage Prevention Order or other floodplain management regulations adopted by the County; the McMullen County sewer, septic, or OSSF regulations, as authorized by state law and the sewer, septic, and onsite sewage facility (OSSF)rules and regulations oft the Texas Commission on Environmental Quality (TCEQ), which are also adopted; and all other authority  recited or described in these regulations.  PARTI II. DEFINITIONS  2.1 Special Terms - Unless otherwise designated, these terms have the following meanings:  (A) Regulations" or "rules" mean these subdivisions regulations.  (B) "County" means McMullen County, Texas, ac county and political subdivision ofthe State ofTexas, including and acting throughi its elected officials, appointed officials, employees, and  agents.  (C) "County Judge" means the County Judge of! McMullen County;  (D) "Commissioners Court" means the McMullen County Commissioners Court;  (E) "State" means the State ofTexas.  (F) "County Clerk" means the County Clerk ofMcMullen County, Texas. (G) Developer," " "owner," and "subdivider" are synonymous and mean the fee simple ownero ofland, including the directors, officers, partners, members, managers, employees, and agents  thereof.  (H) "Tract" or "land" means real property located in McMullen County, Texas.  2    (I) "Sewer" and "wastewater" are synonymous. (J) "Facility" and' "infrastructure" are synonymous.  (K) "Plat" means a preliminary or final plat required by these regulations, including all signatures, dating, certification, supporting and attached documentation, and professional seals 2.2 Alternative Usage = Singular nouns and pronouns shall include the plural, and the masculine gender shalli include the feminine gender, where necessary for a correct interpretation of 2.3 Active Authority Described = When a constitution, statute, rule, order, ordinance, regulation or other legal authority is described in these regulations, the description shall be interpreted toi include the active version ofsaid authority,including: any amendments ors supplements  required by these regulations.  these regulations.  thereto.  PART III. PLATPROCEDURES  3.1 Plat Required for Division ofLand - The owner ofat tract ofland in McMullen County, Texas located outside the limits of a municipality must have a preliminary and final plat of the subdivision prepared, and thereafter approved by the County,ifthe owner divides the tracti into two ori more parts to lay out: (a) a subdivision oft the tract, including an addition; (b) lots; or (c) streets, alleys, squares, parks, or other parts of the tract intended tol be dedicated toj public use or: fort the use ofp purchasers or owners oflots fronting on or adjacent to the streets, alleys, squares, parks, or other 3.2 Division ofLand - A division ofat tract ofland under these regulationsi includes a division regardless ofwhetheri it isi made by using ai metes and bounds description in a deed ofconveyance or inac contract for a deed, by usingac contract ofsale or other executory contract to convey, orb byu using any other method. A divisionofat tract ofland made: for thej purpose ofcommercial development: isa 3.3 Finall Plat] Requirements- - A: final plat required by these regulations, iffinally approved by the Commissioners Court, must be filed and recorded with the County Clerk according to all filing and recording provisions contained in these regulations, Chapter 232, Subchapter A, oft the Texas Local Government Code, and Chapter 12 ofthe Texas Property Code. The final plat shall conform  parts.  subdivision, as defined herein, and is subject to these regulations.  to these regulations and contain the following:  (A) surveyor/Engineer Certification : The plat shall be certified in behalf of the (B) Deseription/Names - The plat shall describe the subdivision and its parts by metes  owner/developer by ai registered surveyor or engineer licensed to practice in Texas.  3    and bounds, as a result of an on the ground survey and inspection by the surveyor for the owner/developer. The names oft the proposed subdivision and its physical features (such as streets and parks) must not bes sO similar in spelling ori inj pronunciation toi thei name ofany similar features  in the county as to cause confusion.  (C) Survey Data - The plat shall locate the subdivision withi respect to an original corner ofthe original survey ofwhichi itisa aj part. Boundary lines must be shown by! bearings and distances, calling for the lines of established surveys, land marks, school districts and other data furnished, sufficient tol locate thej property described on1 the ground. All block corners and angles ins streets and alleys should bei marked with a 2i inch: steelj pin approximately 2 feeti in length, or with aj permanent marker. The plat must contain an arrowi indicating the direction ofthel North point oft the compass,  and the scale must be prominently shown.  (D) Lot/Block Description = The plat shall describe by metes and bounds each lot, number eachl loti inj progression, and givet the dimensions ofeach lot. Lota and block numbers shallbe arranged in as systematic order and shown on the plat in distinct and legible figures. Thej plat shall show the location of all existing permanent, man-made structures in the proposed development, including but not limited tol houses, buildings, walls, wells, tanks, roads, and ponds.  (E) Lot/Block Dimensions - The plat shall state the dimensions of and accurately describel by metes and bounds each lot, street, alley, square, park, or other part ofthet tracti intendedi to be dedicated toj public use or fori the use of! purchasers or owners oflots fronting on or adjacent tot the  street, alley, square, park, or other part.  (F) Intended Water/Sewer. Facility Data - Should water or seweri facilities bei intended tob bec constructed or installed byt the developer to service the subdivision, the plat shall have attached ac document that contains: (1)adetailed description oft the water and sewer facilities, roadways and easements dedicated fort the provision ofwater or sewer: facilities that willl be constructed orinstalled to service the subdivision; and (2) a statement specifying the date by which said facilities will be  fully operable.  (G) Drainage Requirements = The plat shall describe the provision of reasonable drainage to the subdivision, in compliance with thei reasonable drainage standards described in the Appendix, in order to: (1)efficiently manage thei flow of storm water runoffin the subdivision; and (2) coordinate subdivision drainage with the general drainage pattern for the area. The plat shall include the design and application of reasonable specifications, as described in the Appendix, to provide adequate drainage for each street or road in the subdivision in accordance with standard engineering practices. The plat shall include a description of: (1)t the exact location, dimensions, descriptions and flowl line ofexisting and future drainage structures; and (2) the exact location, flow  line, and flood plain ofe existing water courses within the subdivision.  (H) Topographical Data - The plat shall identify the topography of the area. The plat shall show the existing topography of the proposed subdivision by the use of contour lines. Said  4    contour lines shalll bel based on: (1)avertical: interval of5 feet fort terrain with as slope of2p percent or more; (2) a vertical interval of2 feet for terrain with a slope of less than 2 percent; and (3) data provided by the county, ori inl lieu thereof, by data from any governmental agency or department, the identity of which shall be specified on the plat. The plat shall indicate by use of contour lines any changes in the existing topography proposed by the developer, and said contour lines shall bel based on the government data, vertical interval, and slope rates previously identified ini this paragraph. (I) Floodplain Disclosures - The plat shall describe all land int the subdivision, ifany, that is located in a floodplain. The plat shall contain a certification by the developer's surveyor or engineer licensed to practice in' Texas: (I)describing: any area ofthes subdivision that isl located ina a floodplain - ori in the alternative, stating that no area oft the subdivision is located in a floodplain; and (2)stating that thej plat and proposed subdivision complyi in all things with the current McMullen  County flood damage prevention ordinance or order.  (J) Water and/or Sewer. Disclosures = Should water or sewer: facilities be intended to be constructed or installed by the developer to service the subdivision, the plat shall include a certification that the developerhas complied with thei requirements of Section 232.032 ofthe' Texas Local Government Code, which states that a subdivider) having an approved plat shall: (1)furnisha certified letter from the utility provider stating that water is available in quantity and quality sufficient toi meet minimum state standards and will bei made available to the point ofdelivery to all lots; (2) furnish sewage treatment facilities that meet minimum state standards - or furnish certification! bya appropriate county or state officials that alll lots can be adequately and legally served bys septic systems under Chapter 366ofthe' Texas Health and Safety Code (adopted and incorporated byreference); (3)furnish roads satisfying minimum county standards and furnish adequate drainage meeting standard engineering practices; and (4) make a reasonable effort to have electric and gas utility service installed by a utility. The plat (including all plans for lot configuration, land use, drainage, improvements, and construction) shall comply with all state statutes, and all regulations and rules of the Texas Commission on Environmental Quality (TCEQ) and the county, relating to sewer, septic and on-site sewage facilities (OSSF), which statutes, regulations and rules are  incorporated by reference as standards adopted under these regulations.  (K) Utility Connection Disclosures - Should water or sewer facilities, or electrical or gas connections, be intended to be constructed or installed by the developer to service the subdivision, the plat shall include a certification by the developer's engineer that: (1) the water quality and connections to the lots meet, or will meet, the minimum state standards; (2) sewer connections to the lots or septic tanks meet, or will meet, the minimum requirements of state standards; (3) electrical connections provided to the lots meet, or will meet, the minimum state standards; and (4) gasc connections, ifavailable, provided tot thel lots meet, or will meet, thei minimum state standards. A developer may meet the requirements ofs subpart (2) above through the use ofa certificate issued by the appropriate county or state official havingjurisdiction over the approval of septic systems stating that lots in the subdivision can adequately and legally be served by septic  systems.  5    (L) Utility Connection Reqpuirments-Pusuant to Section 232.106ofthe TexasLocal Government Code, the utility connection requirements of Section 232.029 of the Texas Local Government Code are adopted and approved. The plat shall contain a statement that describes the  county's adoption of this standard.  (M) Road Standards - Thej plat shalli include a description ofall roads and drivewaysin (N) Lot] Frontage Standards - The plat shalli include eadescription ofall lot frontages in (O) Fire Suppression Standards = The plat shall include a description of the fire suppression system for the subdivision, and comply with the fires suppression system standards ofthe  the subdivision and comply with the road standards oft the Appendix.  the subdivision and comply with the lot frontage standards oft the Appendix.  Appendix.  (P) Developer ignature/Disclosure = The developer shall: (1) sign the plat and all required, attached documents; (2) acknowledge the plat in the manner required for the acknowledgment of deeds; and (3)attest bya affidavit tot the veracity and completeness ofther matters  described in the plat and all attached documents.  (Q) Purchase Contract Disclosures = The plat shall contain a statement that each purchase contract made between a subdivider and aj purchaser ofland in the subdivision shall contain as statement describing the extent to which water will be made available to the subdivision and,ifit  will be made available, how and when.  (R) Groundwater Sufficiency Disclosure - If the source oft the water supply intended fori the subdivision is groundwater under that land, the plat shall have attached a statement that: (1)is prepared for the owner/developer by an engineer licensed to practice in Texas or a geoscientist licensed to practice in Texas; and (2) certifies that adequate groundwater is available for the subdivision pursuant to minimum state standards. The developer shall transmit to the Texas Water Development Board and any applicable groundwater conservation district alli information: required by  Section 232.0031 of the Texas Local Government Code.  (S) Future' Transportation Corridor Disclosure- --I Ifall or any part ofthes subdivision: is located within a future transportation corridori identified in an agreement under Section 201.619 of the' Texas Transportation Code, thej plat shall: (1)identify that partofthesubdivisiont whichi is within the future transportation corridor; (2) state that the subdivision is located within the area of the alignment ofat transportation project as shown int the final environmental decision document thati is applicable to the future transportation corridor; and (3) state that each purchase contract or lease between the subdivider and a purchaser or lessee of land in the subdivision must contain a conspicuous statement that the land is located within the area oft the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future  transportation corridor.  6    (T) Plat] Materials, Design, and Scale - The plat shall bej produced on mylar or by the use of other material and methods of a permanent nature in general use by the engineering profession. The plat shall be drawn to scale on sheets oft the following dimension: 18i inches by 24 inches; or 24i inches by 36inches. The original plat (including all required, attacheddocuments). and Iclearly marked, same size copy ofs same shall bej provided to the county. Sixreduced copies ofthe plat, in a dimension of either 8.5 inches by 11 inches, or 11 inches by 17 inches, shall also be provided tot the county. The plat shall be drawn according to the following scale: lincht to 100 feet; orli inch to 200 feet. Linear dimensions shall be shown in feet and hundredths ofli foot. Angle dimension shall be shown in degrees, minutes, and seconds. Curve dimensions shall be shown  through radius, arc, chord distance, and bearing.  (U) Metesand! Bounds Descriptions - Thej plat shall describet the entire subdivision: and all ofits] parts, as herein described, by metes and bounds (as ai result of an on the ground survey and inspection by the surveyor for the owner/developer), to scale, and by dimension, including the following: ()thesubdivision! boundary; and (2) all internal parts ofthes subdivision- --including all lots, divisions of land, streets, alleys, squares, parks, or other parts of the tract intended to be dedicated toj public use or for the use of purchasers or owners ofl lots fronting on or adjacent to the  streets, alleys, squares, parks, or other parts.  (V) General Descriptions and Signatures - Thej plats shall describe: (I)thee effective plat date; (2) a location map; (3) a scale; (4) a north point; and (5) all required signatures, dating, certification, supporting documentation, and professional seals required by these regulations. (W) Identifying Data - The plat shall show all identifying data required by these regulations regarding the subdivision and its surrounding area, including: (1) the name of the subdivision and owner; (2) anya adjoining subdivisions and owners, adjoining properties and owners; (3)all lots, divisions ofland, streets, alleys, squares, parks, or other partsi intended tol be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to said parts; (4) driveways, common areas, areas dedicated or1 to be dedicated toj public use, and any area tol be used by adjacent lot owners or purchasers; (5)rights ofway and easements whetherofrecord,; apparent on the land, or proposed; (6) natural drains, drainage structures or improvements whether of record, apparent ont thel land, or proposed; (7) water bodies, water courses, floodplain boundaries, and flood prone areas; (8) set-back lines and lot frontages; and (9) restrictive covenants, restrictions, or  reservations whether of record or proposed.  (X) Lienholder Subordination - The plat shall contain statements signed and acknowledged by the owner and any lienholder, with current addresses shown, which shall certify and: memorialize the lienholder's consent and lien subordination to any: public dedication shown on  the plat.  (Y) Limitations Regarding Plat Acceptance - The plat shall contain the following statement by the county: "Upon approval of this plat, McMullen County, by and through its  7    Commissioners Court, expressly does not accept for comstnuctionormaintemane purposes anyl land, easement, road, street, right of way, improvement, facility, or structure dedicated for public use. Upon approval ofthis plat by said county it is understood that the construction and maintenance of any such dedicated land, easement, road, street, right ofway, improvement, facility, or structure. shall remain thei responsibility ofand be owned by the ownera and developer ofthet tract ofland relating to this plat, in accordance with thei requirements ofthe Subdivision Regulations ofMcMullen County and the bond or financial security required under said regulations, until said dedicated land, easement, road, street, right of way, improvement, facility, or structure is formally accepted by the  Commissioners Court, ifa at all, by a separate written order."  (Z) Surveyor Sigmature/Certifieation - Thej plat shall contain a signature, certification, date, affidavit, and acknowledgment by the surveyor for the developer which states that: (1)thep plat represents ai true and accurate survey made by the surveyor on the ground; (2) all required survey monuments are correctly shown on the plat; (3) all existing easements and: rights of way are shown on1 the plat according to documents ofrecord or apparent circumstances observed ont thel land; (3)the perimeter field notes are accurately tied to an original corner of the original survey; (4) the plat complies with all surveying, monument, scale, dimension, and identifying requirements of these regulations; and (5)that all surveyingrepresemations ont thej plat and all attached documents are true, correct, and in accordance with standard surveying practice in the State ofTexas.  (AA) Engineer Sigmature/Certifncation - The plat shall contain as signature, certification, date, affidavit, and acknowledgment by thej professional engineer forthe developer which statest that: (1) the plat and all attached documents comply with all engineering requirements of these regulations; and (2) all engineering representations on1 the plat and all attached documents are true, correct, and in accordance with standard engineering practice in the State ofTexas.  (BB) Owner Signature/Certification - Thej plat shall contain a signature, certification, date, affidavit and acknowledgment by the owner/developer which states that: (1)the plat and all attached documents satisfy all requirements oft these regulations; (2)all representations on the plat and attached documents are true and correct; and (3) all dedicated land, roads, easements, improvements, facilities, structures, and infrastructure described ont thej plat and attached documents  are dedicated to the use and benefit oft the public forever.  (CC) County Signature- - The final, approved plat shall containa a signature, certification, date, and acknowledgment by the County Judge stating: (1)that thej plat was formally approved by the McMullen County Commissioners Court in accordance with Chapter 551 of the Texas Government Code, the Texas Open Meetings Act; (2) the date ofplat approval; and (3) that thej plat is authorized for filing and recording with the County Clerk. The County Clerk shall attest the  signature of the County Judge on the plat.  (DD) County Clerk Sigmature/kequirements = The County Clerk shall: (1)attest and certify the signature of the County Judge on the final, approved plat; and (2) show on said plat the date of the order of the Commissioners Court which approved the plat and authorized its filing.  8    When the final plat is filed and recorded in the Office of the County Clerk, said clerk shall conspicuously mark and record the final plat in the plat records or other official public records of said office, noting on1 the plat and the internal records ofs said office the date and time off filing, and the volume/book andj page ofrecord where the plat wasi recorded. Upon "approval" ofthe final plat by the Commissioners Court, the County Clerk shall noti in any way mark, record, recite, or describe 3.4 Plat Submission and Review - The following requirements shall apply regarding plat  the plat as "accepted" by the Commissioners Court.  submission and review:  (A) Preliminary Plat Submission - Should a plat be required by these regulations, a preliminary: plat and a Subdivision: Plat Application Form, both! being fullye executed, complete and in compliance withi thesei regulations, shall be submittedl by the developer to the Commissioners Court at the Office oft the County Judge at the McMullen County Courthouse located at 501 River Street, Tilden, Texas 78072. Apreliminaryplati required by these regulations shalli include all requirements and components described for a final plat by these regulations = but subject to the following exceptions: (1) the preliminary plat may be produced onj plain paper; and (2) no county signatures, certifications, attestations, oracknowiedgments: arei required fort thej preliminaryplat. Acceptance of ac completed plat application with the required documentation or other information shall not be  construed as approval by the county.  (B) Subdivision Plat Application Form - The Subdivision: Plat Application Form shall bej provided at no cost by the county toi the developer, according to thei form describedi inl ExhibitEof the Appendix, which describes all required documentation for a completed plat application. The  form shall be made available through the Office ofthe County Judge.  (C) Review of Preliminary Plat - Upon submission of the preliminary plat, the Commissioners Court or its designee will review the plat and plat application for completeness, sufficiency, and compliance with these regulations. Ifthe preliminary plat and application are not complete, sufficient, or in compliance with these regulations, they shall be denied by the Commissioners Court ori its designee in writing. The county may deny aj plati ifit does not meet the requirements prescribed byl law ort these regulations, including thei failure toj payi required fees ort the failurei to submit any and all bonds orother financial security required. An applicationi isc considered complete when all documentation or other information required by these regulations is received. (D) Approval ofPreliminary Plat--Ifthe preliminary plat and application appear to be complete, sufficient, and in compliance with these regulations, thej preliminaryplat willl bes submitted to the Commissioners Court for approval by a recorded vote in aj public meeting. Ifapproved, the preliminary plat shall not be filed ofrecord - but shall, along with any revision requirements and comments ofthe county, be used as al basis for the preparation and submission ofthe final plat for  approval in accordance with these regulations.  (E) Submission and Review ofl Final Plat - Within 10 days after Commissioners Court  9    approval of the preliminary plat, the final plat shall be submitted by the developer to the Commissioners Court att the Office ofthe CountyJudge att thel McMullen County Courthousel located at 501 River Street, Tilden, Texas 78072. The Commissioners Court or its designee will reviewt! the final plat forcompleteness, sufficiency, and compliance with these regulations. Ifthei final plati isr not complete, sufficient, or in compliance with these regulations, it shall be denied by the Commissioners Court ori its designee in writing. The county may deny aj plati ifit does not meet the requirements prescribed by law ori these regulations, including the failure toj pay required fees ori the  failure to submit any and all bonds or other financial security required.  (F) Approval of Final Plat - Ifthe final plat is complete, sufficient, andi in compliance with thesei regulations, the final plat willl be submitted tot the Commissioners Court fora approval bya recorded vote in aj public meeting. Ifapproved, the final plat shall be ordered to be fully executed and filed of record. However, the filing and recording of the final plat shall not be ordered or authorized until the developerhas paid all required fees, and executed, submitted, and filed all bonds 3.5 Exceptions to Plat umaB-Kosns these regulations, the county shall not require the owner of a tract of land located outside the limits of a municipality to have a plat of prepared, ort thereafter approved by the county, ifoneorn moreofthe: following exceptions or exempt circumstances exist: as described in the Exceptions to Plat Requirements in Exhibit F of the Appendix. Should a plat not be required under these regulations, the owner nevertheless must submit the location of the development project regarding the tract to the Commissioners Court through the Office oft the County Judge at the McMullen County Courthouse located at 501 River Street, Tilden, Texas 78072, for confirmation of all addressing necessary for 911 and emergency services purposes. No: fees will be charged by the county fori this submission in the public interest.  or other financial security required.  3.6 Variance Procedure-  (A) Request for Variance-Anowner. may request a variance: from the County regarding the strict application oft these regulations. To obtain consideration for a variance, the owner must submit a written variance application to the Commissioners Court through the Office ofthe County Judge at the McMullen County Courthouse located at 501 River Street, Tilden, Texas 78072. The application must describe in detail all special circumstances that exist to support the variance. (B) Limitations on Variance - Through the exercise of its discretion, the Commissioners Court may grant a variance from the strict application of these regulations. However, the Commissioners Court may not grant a variance regarding the followingisues:()the requirements for plat described in subparts 3.1-3.2, but subject to the plat exceptions described  subpart 3.5; and (2) the bond or other financial security requirements required.  (C) Discretionary Standards - A variance mayl be granted by the Commissioners Court, within its discretion, only when the clear and convincing evidence establishes that: (1)as special circumstance exists which, if these regulations are strictly enforced, will deprive the owner ofa  10    privilege, use, or safety enjoyed by similarly situated property owners with similarly timed development oft the same nature and scope; (2) the variance constitutes only ai minimum departure from these regulations; (3) the variance will not create a special privilege, use, or safety for the ownert that is not enjoyed bys similarly situated property owners with similarly timed development of the same: nature or scope; and (4)t the variance is based ont the general intent ofthesei regulations and  is deemed ini the public interest.  (D) Public Meeting Vote Required - No variance can be granted without approval of the Commissioners Court acting through an order entered as a result ofarecorded vote in aj public 3.7 Plat Revision/Vacation Procedure - The following alternative requirements shall apply regarding plat revision or vacation procedure pursuant to sections 209322902210m  meeting held in accordance with the Texas Open Meetings Act.  232.107 oft the Texas Local Government Code:  (A) Vacating Plat - The owners ofthet tract covered by a plat may vacate the plat at any time before any loti in the plati iss sold, unless otherwise prohibited byl law. Thej plati is vacated when a signed, acknowledged: instrument declaring thej plat vacatedi is approved andi recorded int ther manner prescribed: fort the original plat. Iflotsi in thej plat have been sold, the plat, ora any part ofthe plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed fort the original plat. The County clerk shall write legibly on the vacated plat the word "VACATED" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. On the execution and recording of the vacating instrument, the  vacated plat has no further effect or operation.  (B) Replat Without Vacating Plat = Ar replat ofas subdivision or part ofa subdivision may bei recorded andi is controlling over the preceding plat without vacation ofthat plati ifther replat: (1)i is signed and acknowledged by only the owners oft the property being replatted; (2) is approved after aj public hearing conducted by the Commissioners Court at a public meeting on the matter at which parties in interest and citizens have an opportunity to bel heard; and (3) does not attempt to  amend or remove any covenants or restrictions.  (C) Replat With Special Circumstances- - Additionally,are replat without vacationofthe preceding plat must conform to certain additional requirements if one or both of the following special circumstances exist: (1)during thej preceding five years, any oft the areat tol be replatted was limited by ani interim or permanent zoning classification (onlyifsaid: zoning classification: is allowed byl lawi for county regulation) to residential use fori not more than two residential units per lot; or (2) any loti int the preceding plat was limited by deed restrictions toi residential usei fornot more thantwo residential units per lot. If one or both of the said special circumstances exist, the following additional requirements shall also apply to ai replat without vacation oft the preceding plat:  (1) Notice ofthe public hearing shall be given before the 15th day before the date  oft thel hearing: (a) by publication in an official newspaper or a newspaper of general circulation in  11    the county; and (b) by written notice, with a copy ofSubsection (c) ofs section 212.015ofthe' Texas Local Government Code attached, forwarded1 byt the Commissioners Court tot the owners oflots that arei ini the original subdivision and that are within 200: feet ofthe lots tol bei replatted, as indicated on the most recently approved county tax roll oft the property upon which the replat is requested. addressed with postage prepaid, in a post office or postal depository within the boundaries of the  (2) The written notice may be delivered by depositing the notice, properly  county.  (3) Ifthej proposed replat requires a variance andi is protested in accordance with  these provisions, thej proposed: replat must receive, in order to be approved, the affirmative vote ofat least three-fourths oft the Commissioners Court members present at thej public meeting. For a legal protest, written instruments signed by the owners of at! least 20 percent ofthe area ofthe lots orl land immediately: adjoining the area covered by thej proposed replat ande extending 2001 feet fromt that area, but within the original subdivision, must bei filed with Commissioners Court priortot the close ofthe public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. Compliance with this item (3)isnotr required for approval ofar replat of part ofaj preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions  applicable to the plat.  (D) Plat Amendment - The Commissioners Court may approve andi issue an amending plat, which may bei recorded andi is controlling over the preceding plat without vacation ofthat plat, ifthe amending plat is signed by the applicants only and is solely for one or more oft the following  purposes:  (1) to correct an error in a course or distance shown on the preceding plat; (2) to add a course or distance that was omitted on the preceding plat; (3) to correct an errorinareal property description shown oni thej precedingplat; (4) to indicate monuments set after the death, disability, or retirement from (5) to show the location or character of a monument that has been changed in (6) too correct any other type ofs scrivener or clerical error or omission previously  practice of the engineer or surveyor responsible for setting monuments;  location or character or that is shown incorrectly as to location or character on the preceding plat; approved by the Commissioners Court on aj plat, including lot numbers, acreage, street names, and  identification of adjacent recorded plats;  12    (7) to correct an errori in courses and distances oflot lines between two adjacent  lots if: (a)both] lotowners joini in the application for amending thej plat; (b): neither loti isabolished; (c) the amendment does not attempt to remove recorded covenants or restrictions; and (d) the amendment does not have ai material adverse affect on the propertyrights ofthe other owners: in the  plat;  (8) torelocate al lot line to eliminate an inadvertent encroachment ofal building or (9) torelocate one or more lot lines between one or more adjacent lotsif: (a) the  other improvement on a lot line or easement;  owners of all those lots join in the application for amending the plat; (b) the amendment does not attempt toi remove recorded covenants or restrictions; and (c) the amendment does not increase the  number ofl lots;  (10) to make necessary changes tot the preceding plat to create six or fewer lots in  the subdivision or a part ofthe subdivision covered by thej preceding plati if: (a) the changes do not affect applicable county regulations, including zoningr regulationsifthe county has authority to adopt zoning regulations; and (b) the changes do not attempt to amend or remove any covenants or  restrictions; or  (11) tor replat one ori more lots fronting on an existing street if: (a)thed owners ofall  those lots join in the application for amending the plat; (b) the amendment does not attempt to remove recorded covenants ori restrictions; (c) the amendment does not increase the number oflots; and (d) the amendment does not create or require the creation ofar new: street or make necessary the  extension ofr municipal or county facilities.  (E) Plat Amendment Without Notice' To Other Owners - Should an: amended plat be sought solely for one ori more oft the circumstances described in subpart D above, thei requirements of notice, al hearing, and the approval ofother lot owners arei not required for the approval and issuance  of an amending plat.  (F) Conveyance Without Plat Revision = The Commissioners Court may allow conveyance of portions of one or more previously platted lots by metes and bounds description without revising thej plat, provided that the conveyance does not violate, alter, amend, diminish, or  remove any covenants, restrictions, or vested property rights.  PART IV. SUBDIVISION STANDARDS AND REQUIREMENIS  4.1 Plat Denial - The county may refuse to approve aj plat required by these regulations if: (a) the plat does not comply with all requirements prescribed by law and these regulations; (b) the required fees are not paid; (c) a delinquent ad valorem tax liability exists for the land made the subjectofthe plat; or (d) any required bond or other financial securityi isi not timelyand properly: filed  with the county.  13    4.2 Dormant Plats - Ifn no portion of the land subdivided under an approved plat is sold or transferred before January 15t of the 515t year after the year in which the plat was approved, the approval oft the plat expires, and the owner must: resubmit a plat oft the subdivision for approval. 4.3 Fee Schedule-- Ar reasonable fee schedulei is adopted to cover the cost ofthe county'sre review ofasubdivision; plat and inspection nofstreet, road, and drainagei improvements described by thej plat, as described in Exhibit Gofthe Appendix. All fees required by the fees schedule: must bej paid byt the 4.4 Transportation Corridor Requirements - Should all or any part of the subdivision is located within a future transportation corridor identified in an agreement under Section 201.619 of  owner to the county before the county conducts ai review oft the plat.  the Texas Transportation Code, the following standards are adopted:  (A) The Commissioners Court may: refuse to approve the plat for recordation unless the plat states that the subdivision is located within the area oft the alignment ofat transportation; project as shown: int the final environmental decision document that is applicable tot the: future transportation  corridor.  (B) The Commissioners Court may refuse to approve the plat for recordation ifa all ora part ofthes subdivisioni is located within the area ofthea alignment ofatransportation; project ass shown int the: final environmental decision document thati is applicable tot the future transportationc corridor. (C) Eachj purchase contract or lease between the subdivider and a purchaser or lessee of landi int the subdivision must contain a conspicuous statement that the land is located within the area ofthe alignment ofa a transportation project as shown in the final environmental decision document 4.5 Floodplain Issues - The plat shall describe all land to be developed which is located ina a floodplain, and shall contain a certification by the developer's surveyor or engineer licensed to practicei in Texas: (a)describing any area ofthes subdivision thati isl located ina ai floodplain - orint the alternative, stating that no area ofthe subdivision is located in a floodplain; and (b) stating that the plat and proposed subdivision comply in all things with the county's flood damage prevention  that is applicable to the: future transportation corridor.  ordinance or order.  4.6 Water/Sewer/OSSF Issues -  (A) Should water or sewer facilities be intended to be constructed or installed by the developer to service the subdivision, the plat shall: C)ineludeacertification that the developer has complied with the requirements of Section 232.032 ofthe Texas Local Government Code; and (2) comply with all state statutes, and all regulations and rules of the Texas Commission on Environmental Quality (TCEQ)and the county, relating to sewer, septic and on-site sewage: facilities (OSSF), which statutes, regulations and rules are incorporated by reference as standards adopted  14    under these regulations.  (B) Should water or sewer facilities be intended to be constructed or installed by the developer to service the subdivision, the plat shall have attached a document that contains: (1)a detailed description of the water and sewer facilities, roadways and easements dedicated for the provision ofwater or sewer facilities that will be constructed ori installed to service the subdivision; and (2) a statement specifying the date by which said facilities will be fully operable.  (C) Each purchase contract made between a subdivider and a purchaser of land in the subdivision shall contain a statement describing the extent to which water will bei made available to  the subdivision and, ifit will be made available, how and when.  (D) Ift the source of the water supply intended for the subdivision is groundwater under that land, thej plat shall have attached a statement that: (1)isp prepared by the developer'sengineror geoscientist licensed toj practice in' Texas; and (2) certifiest that adequate groundwateri is available for the subdivision pursuant to minimum state standards. The developer shall transmit to the Texas Water Development Board and any applicable groundwater conservation district all information  required by Section 232.0031 ofthe Texas Local Government Code.  4.7 Utility Connections -  (A) Should water or sewer: facilities, or electrical or gas connections, be intended tol be constructed or installed by the developer to service the subdivision, the plat shall include a certification by the developer'se engineer that: (1) the water quality and connections to thel lots meet, orwill meet, the minimum state standards; (2) sewer connections toi thel lots or septic tanks meet, or will meet, the minimum requirements of state standards; (3) electrical connections provided to the lots meet, or will meet, the minimum state standards; and (4) gas connections, ifavailable, provided  to the lots meet, or will meet, the minimum state standards.  (B) The utility connection requirements of Section 232.029 of the Texas Local Government Code are adopted and approved. The plat shall contain a statement that describes the  County's adoption oft this standard. 4.8 Drainage -  (A) The plat shall describe the provision of reasonable drainage to the subdivision and comply with the drainage standards adopted by these regulations in order to: (1)efficiently manage the: flow ofstorm water runoffin the subdivision; and (2) coordinate subdivision drainage with the  general drainage pattern for the area.  (B) The plat shall include the design and application of reasonable specifications, as described in the Appendix, toj provide adequate drainage for each street or road in the subdivision in  accordance with standard engineering practices.  15    (C) The plat shall include a description of: (1) the exact location, dimensions, descriptions and: flow line ofexisting and future drainage structures; and (2) the exactlocation, flow 4.9 Bond or Other Financial Security - Each owner ofat tract tol bes subdivided shall executea a good and sufficient bond or other financial security, as required these: regulations 4.10 Monumentation - All lot and block monumentation shall be set in the ground by the 4.11 PlatApproval Not Acceptance ofDedicated: Land/Improvements- Upon plat approval, if any, the county expressly does not accept for construction or maintenance purposes any land, easement, road, street, right of way, improvement, facility, or structure dedicated for public use. Upon plat approval by the county, if any, it shall be understood that the construction and maintenance ofany such dedicated land, easement, road, street, rightofway, improvement, facility, or structure shall remain the responsibility of and be owned by the developer, in accordance with these regulations andi thel bond ori financial security requirements required, until said dedicated land, easement, road, street, right of way, improvement, facility, or structure is formally accepted by the 4.12 Development Sandardsykequirments of Appendix Approved - In addition to all development standards and requirements described in these regulations, the Commissioners Court also adopts and approves those described in the following exhibits of the Appendix: drainage standards, Exhibit A; road standards, Exhibit B; lot frontage standards, Exhibit C; fire suppression system standards, Exhibit D; subdivision plat application form, Exhibit E; exceptions to plat  line, and flood plain of existing water courses within the subdivision.  developer's: surveyor before recordation oft the plat.  Commissioners Court, ifa at all, by a separate written order.  requirements, Exhibit F; and fee schedule, Exhibit G.  PART V. BOND OR OTHER FINANCIAL SECURITY  5.1 Bond Requirements- = The developer shall execute al bond before subdividing at tract, unless an alternative financial security is approved by and provided to the county as described hereafter. Thel bond shall apply to alll land, easements, improvements, structures, orf facilitiesofthe: subdivision tol be constructed and dedicated to the public, including but not limited to all transportation, road, street, water, wastewater, sewer, or drainagein improvements, easements, structures, or facilities. The  bond must conform to the following requirements:  (A) The bond must be payable to the County Judge ofMcMullen County, Texas or the (B) The bond shall be in an amount determined by the Commissioners Court to be adequate to ensure proper construction of the aforementioned land, easements, improvements,  successor in office.  structures, or facilities, but not to exceed the cost of construction thereof.  16    (C) Thel bond shall be executed by the owner, as principal, and one (1)good and: sufficient (D) Thec corporate surety executing thel bond shall bea ac company authorizedi to dol business (E) The bond shall be conditioned that the aforementioned land, easements, improvements, structures, or facilities shall be constructed and maintained by the owner in accordance with all specifications, requirements, and standards adopted by the Commissioners Court in these regulations for aj period of at least two (2) years from the date of final plat approval. 5.2 Other Financial Security - Inl lieu ofal bond, and ifa approved by the Commissioners Court, the developer shall deposit cash, an irrevocable! letter ofc crediti issued by ai federallyi insured financial institution, or other financial guarantee deemed acceptable by the Commissioners Court. Thisother financial security or guarantee shall apply to all land, easements, improvements, structures, or facilities oft the subdivision tol be constructed and dedicated tot thej public, including but not limitedto all transportation, road, street, water, wastewater, sewer, or drainage improvements, easements, structures, ori facilities. Ifan irrevocable letter ofcrediti ist used asi financial security, itmust conform  corporate surety approved by the Commissioners Court.  as as surety in' Texas.  to the following requirements:  (A) The letter of credit must list as the sole beneficiary the County Judge ofMcMullen (B) The letter ofcredit shall bei in an amount determined by the Commissioners Court to be adequate to ensure proper construction oft the aforementioned land, easements, improvements,  County, Texas, or the successor in office.  structures, or facilities, but not to exceed the cost ofconstruction thereof.  (C) The letter of credit must be conditioned that the aforementioned land, easements, improvements, structures, or facilities shall be constructed and maintained by the owner in accordance with all specifications, requirements, and standards adopted byt the Commissioners Court in these regulations for aj period ofa at least two (2): years from the date of final plat approval.  PART VI. ENFORCEMENT  6.1 Criminal Enforcement Remedies Adopted - All criminal offenses and penalties contained in Subchapters A and E ofChapter 232 ofthe Texas Local Government Code: and Chapter 12 ofthe Texas Property Code are adopted and incorporated by reference as al basis fore enforcement authority regarding a violation of these regulations. A person commits an offense ifthej person knowingly or intentionally violates ai requirement established by, or adopted by the Commissioners Court under Subchapters. A orEofChapter: 232 oft the Texasl Local Government Code, as described therein. Said offense is a Class Bi misdemeanor, as defined by the' Texas Penal Code. However, said Class Brange of punishment does not apply to the offense described by Section 232.0048 of the Texas Local  17    Government Code.  6.2 Civil Enforcement, Remedies. Adopted -4 All civil remedies, penalties, and damage recovery rights contained in Subchapters A and E ofChapter 232 oft the Texas Local Government Code and Chapter 12 of the Texas Property Code are adopted and incorporated by reference as a basis for 6.3 Injunction/Civil Penalties - An action may be filed by the county to: (a) enjoin the violation or threatened violation of a requirement established or adopted by the Commissioners Court under state law or these regulations; and (b) recover damages in an amount adequate fort the county to undertake any construction or other activity necessary to bring about compliance with a requirement established by, or adopted by, the Commissioners Court under state law or these  enforcement authority to support a violation of these regulations.  regulations.  18    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT A    EXHIBIT A: DRAINAGE STANDARDS  Pursuant to Sections 232.003, 232.101, 232.107, and 232.108 of the Texas Local Government Code, these drainage standards shall apply for all subdivisions located in the  unincorporated area ofMcMullen County, Texas:  1. Theses standards are designed to: (a)provide adequate drainage for each streetorroad in a subdivision in accordance with standard engineering practices; (b) provide drainage to the subdivision in order to efficiently manage the flow ofs storm water runoffint thes subdivision; and (c) coordinate subdivision drainage with the general storm drainage pattern for the areai in accordance  with standard engineering practices.  2. Lots and private property shall be graded sO that surface drainage 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 courses.  3. Thei maximum grade ofall streets and roads shalll be 5.0%unless otherwise approved 4. All streets without curbs and gutters shall have drainage ditches adjacent to and running parallel tos said streets or roads. Said drainage ditches shall have ai minimum depth of12  by the Commissioners Court.  inches below the level oft the edge oft the adjacent street or road.  5. Permanent drainage structures, including but not limited to culverts, pipes, drainage boxes, and bridges shall bei installed at all crossings of drainage courses, including drainage ditches intersecting with driveways, roads, and streets. The final exact dimension and type of said permanent drainage structures shall be determined and established for each subdivision by the  Commissioners Court upon its review oft thej preliminary: plat.  6. Allroadways: subject tof flooding and high water, and allr roadways crossing streams or other watercourses: mustl havereinforced embankments toj prevent erosion ofs said embankments. The reinforcing material must be concrete, which shall ati minimum have tensile tests strengtha at 7daysof  330 pounds per square inch.  7. Permanent obstacles, such as concrete or rock retards, shalll bei installed ont thes sloping sidesofthe drainage ditches and drainage courses top prevent erosion, where specifically designated  by the Commissioners Court upon its review oft the preliminary plat.  8. Open drainage channels and ditches shall be constructed with aj proper cross-slope grade and an alignment which will facilitate proper functioning without destructive velocities of  drainage waters.  1    9. All drainage easements must be of an adequate width, as determined by the Commissioners Court ini its review oft the preliminary: plat, toj permit drainage and flood control: for all land upon which natural drainage runs through the property being considered for development. 10. The exact location, dimensions, descriptions and flow line of existing drainage structures and drainage structures proposed to bei installed by the owner, and thel location, flowl line, and flood plain ofexisting water courses within the subdivision must be shown on all plats.  2    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT B    EXHIBIT B: ROAD STANDARDS  Pursuant to Sections 232.003, 232.0031, 232.101, 232.102, 232.107, and 232.108 of the Texas Local Government Code, these road standards shall apply for all subdivisions located int the  unincorporated area ofl McMullen County, Texas:  1. These standards are: (a) designed to provide adequate drainage fore each street ori road inasubdivisioni in accordance with standard engineering practices; and (b) based ont the amount and kindo oftravel over each street or roadi in asubdivision, designed to provide reasonable specifications relating to1 the construction ofeach street or road in accordance with standard engineeringpractices.  2. The county shall accept no paved streets or roads for dedication. actual street cut on such main artery streets or roads must be 401 feet in width. street cut on such other streets or roads must be 301 feet in width.  3. All main artery streets or roads must have ai right of way of 80 feet in width. The 4. All other streets or roads must have a right of way of 60 feet in width. The actual  5. The actual street cut for alley streets: must be 30 feet in width.  6. The designation ofas street or road as ar main artery street or road: shall be madel by the 7. All permanent dead end streets or roads shall have at turnaround with ai right of way  Commissioners Court ini its review oft the preliminary plat.  diameter of 120: feet. 8.  Streets or roads should be designated and constructed sO as to intersect with each  other at 90 degree angles. Where compliance with this regulation is impossible due to terrain, the subdivider may seek a variance under these regulations. Ifay variance is granted, thej portion ofthe intersection on the side oft the acute angle must be cut back sO as to eliminate the point oft the acute angle. Theintersectionmust. be cutl back ai minimum of25 feet away from thej point wheret thes streets would have otherwise intersected. The county shall specify the exact size oft the cut-back, up toa  maximum of 50 feet in its review ofthe preliminary plat.  9. No street or road shall be constructed with an abrupt off-set or jog"i ini it. 10. Where streets in an adjoining subdivision end at the property line of a new subdivision, streets andi roadsi in the new subdivisions shall be constructed so ast tobeacontinuation and extension ofs said existing streets in said adjoining subdivisions. All streets and roads shall be designed and constructed sO as toj permit the continuation or extension ofsaid streets and roads in  other subdivisions in the future.    11. Upon completion ofconstruction ofeach street, road and alley, all trees, brush, rocks, and other material created by said constructions must be removed and delivered to an authorized  refuse and/or fill site in accordance with state or other law.  12. All streets or roads must be constructed with a subgrade base. The subgrade base material in all streets and roads shall be approved by the Commissioners Court. Thes sub-grade base shall be watered, rolled and bladed to a depth of8inches before any flexible baser material is placed  onit.  13. All streets and roads must have ai flexible base. The flexible base material for all streets androads shall conform tot the requirements ofthes specification found inl Item 242,grade2or better, of the "Texas Highway Department 1972 Standard Specifications for Construction of Highways, Streets andl Bridges," or shall conform to the requirements ofas similar or better grade of material as specified in the current road construction publications of the Texas Department of Transportation or Texas Highway Department (but excluding paving material). However, said flexiblel base material must be approved byt the Commissioners Court. Thei flexible base shalll havea minimum thickness of 8 inches or more after compaction oft the authorized base material.  14. The centerline of each street shall have an elevation of at least 5 inches above the 15. To ensure that the proposed flexible base material meets these requirements, the subdivider shall furnish to the Commissioners Court a written analysis of the proposed material prepared by an independent laboratory before thej proposed material ist used int the subdivision. No suchmaterial may! be appliedi unless: (a)s said report certifies that the proposed material satisfies the requirements contained in these rules; and (b) the Commissioners Court accepts the findings contained int the report. Said findings will be deemed accepted unless the Court expressly rejects said report within 10 days after it is filed with the Commissioners Court. Said report shall be submitted with the preliminary plat and plans. Acceptance of any such report is expressly not evidence of road or street acceptance by the County, or of the streets and roads being designed or  elevation oft the edge oft the street.  constructed in compliance with the requirements of these regulations.  16. The Commissioners Court may specify that construction of all streets, roads, and drainage structures must be completed within a reasonable time after the plat and plans of a subdivision have received final approval, and that period may bes specified by the Commissioners  Court ini its review oft the preliminary plat. roads are incorporated by reference.  17. All drainage standards adopted by these rules which relate to or affect streets and  2    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT C    EXHIBIT C:LOTI FRONTAGE STANDARDS  Pursuant to Sections 232.101, 232.102, 232.103, 232.107, and 232.108 of the Texas Local Government Code, these lot frontage standards shall apply for all subdivisions located in  the unincorporated area ofMcMullen County, Texas:  1. These standards are designed to: (a) provide reasonable standards for minimum lot frontages on existing county roads; and (b) establish reasonable standards for the lot frontages ini relation to curves in the road, in accordance with standard engineering standards.  2. The minimum lot frontage required for lots located on existing county or other  public roads is 100 feet.    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT  L    EXHIBITD: FIRE SUPPRESSION: SYSTEM STANDARDS  Pursuant to Sections 232.101, 232.107, 232.108, and 232.109 of the Texas Local Government Code, the following fire suppression system standards shall apply for any subdivision in the unincorporated area of McMullen County, Texas - if the subdivision is not served by fire hydrants as part ofa centralized water system certified by the Texas Commission onl Environmental Quality as meeting minimum standards for water utility service: 1. For a subdivision of fewer than 50 houses, the developer shall construct a limited fire suppression system fori the subdivision with a minimum of2,500 gallons of storage. 2. For a subdivision of 50 or more houses, the developer shall construct a limited fire suppression system for the subdivision with: (a) ai minimum of 2,500 gallons of storage with a  centralized water system; or (b): 5,000 gallons of storage.    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT E    EXHIBIT E: SUBDIVISIONI PLAT APPLICATION FORM  MCMULLEN COUNTY  SUBDIVISION PLAT APPLICATIONI FORM  PROPOSED SUBDIVISION:  COMMISSIONER PRECINCT: TRACT SIZE. ANDLOCATION: TOTALLOTS OR DIVISIONS: NAME OF1 NEAREST PUBLIC. ROAD: WATER/SEWER SERVICE. PROVIDERS:  ELECTRIC SERVICE PROVIDER: GAS SERVICE! PROVIDER:  OWNER: Address: Telephone: Facsimile: SURVEYOR: Address: Telephone: Facsimile:  ENGINEER: Address: Telephone: Facsimile:  Add additional identification sheets, ifnecessary.    (1) Thei following documents are: required to be submitted for review by the county at the time of preliminary plat application: all documents required by the McMullen County Subdivision Regulations, in the form, type, and number therein required. The owner certifies that all required documents have been submitted for review in compliance with thel McMullen County Subdivision Regulations, and that said documents are attached to this application.  (2) Is any part of the proposed subdivision within the limits or extraterritorial  jurisdiction of a city? ANSWER: attached documents.  YES  NO. If YES, identify the city on the  (3) Will the owner seek a variance regarding any issue from the McMullen County on the attached documents and include a written variance application or petition in accordance  Commissioners Court? ANSWER: with the regulations.  YES  NO. IfYES, identify all variance issues  (4) Will any land, improvements, roads, street, utility or transportation infrastructure,  or facilities be dedicated to public use? ANSWER: dedicated land or improvements on the attached documents.  YES  NO. IfYES, identify all  (5) Will the subdivision be served by a public water or sewer system? ANSWER: NO. If YES, identify the public suppliers and attach all plans, drawings, and  YES  specifications related tot the proposed utility improvements.  (6) Will the subdivision be served by a private water wells or septic/OSSF systems?  ANSWER:  YES  NO. If YES, identify and attach all reports, plans, drawings, and  specifications related to the proposed utility improvements.  Icertify that] II have read the McMullen County Subdivision Regulations and that all plats, documents, reports, plans, drawings, specifications, and related documents required by the regulations have been prepared by me or in my behalf and are attached to this application, including full payment to McMullen County, Texas, by cashier's check or money order, for all  fees required for this submission.  Printed Name: Title: Owner Date:  DATE RECEIVED BY MCMULLENCOUNTY:  2    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT F    EXHIBIT F: EXCEFTIONSTOFLATREQUREMENTS  (1) Pursuant to Section 232.0015 ofthe' Texas Local Government Code, the: following  exceptions toj plat requirements are adopted:  (A) The County shall not require the owner ofat tract ofl land located outside the  limits ofamunicipality who divides thet tract intot two or more parts tol haveaplat ofthe subdivision prepared if: (1) the owner does not lay out aj part oft the tract described by Section 232.001(a)(3)of the Texas Local Government Code; and (2) thel land is tol be used primarily for agricultural use, as defined by Section 1-d, Article VII,Texas Constitution, or for farm, ranch, wildlifei management, or timber production use within the meaning of Section 1-d-1, Article VII, Texas Constitution. Ifa tract described by this paragraph ceases to be used primarily for agricultural use ori for farm, ranch, wildlife management, or timber production use, the platingrequirements: oft these ruless shall apply. limits of ai municipality who divides thei tract into: four or fewer parts and does not lay out aj part of thet tract described by Section 232.001(a)(3) ofthe Texas Local Government Codet to have a plat of the subdivision prepared if each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, as determined under Chapter 573 ofthe Texas Government Code. Ifanyl lotissold, given, orotherwise transferred to ani individual who is noti related tot the owner within thei third degree of consanguinity oraffinity, the platting requirements ofthese rules and regulations shall apply.  (B) The County shall not require the owner ofat tract ofl land located outside the  (C) The County shall not require the owner of ai tract ofl land located outside the  limits ofamunicipality who divides thet tract int tot two or more] parts tol have aj plato ofthes subdivision prepared if: (1) all oft the lotsi in 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) of the Texas Local  Government Code.  (D) The County shall not require the owner ofa at tract ofl land located outside the  limits ofamunicipality who divides thet tract into two or more] partsa and does not lay out aj partofthe tract described by Section! 232.001)3)ofthe' Texas Local Government Code tol have ap plat ofthe subdivision preparedifallofthel lots are: sold to veterans through the Veterans'Land Board] Program. tract of land belonging to the State or any state agency, board, or commission or owned by the permanent school fund or anyother dedicated funds oft the! State unless the subdivision lays outa aj part ofthe tract described by Section 232.001(a)(3) of the Texas Local Government Code.  (E) Thej platting requirements oftheser rules shall not applytoasubdivision of any  (F) The County shall not require the owner ofat tract ofl land located outside the  limitso ofar municipality who dividest the tracti into two or more] partst tol haveaplat ofthes subdivision prepared if: (1)the owner oft thel land isa apolitical subdivision ofthe State; (2) the land is situatedi in  af floodplain; and (3) the lots are sold to adjoining landowners.  1    (G) The County shall noti require the owner of a tract ofl land located outside the  limits ofan municipality who dividest thet tracti into two parts tol havea caplat ofthes subdivision prepared if: (1)the owner does not lay out aj part ofthei tract described by Section 232.001()/3)ofthe' Texas Local Government Code; and (2) one new parti is tol be retained by the owner, andi the other new] part istol bet transferred to another person who will further subdividet thet tract subject tot thej plata approval requirements oft these regulations and Chapter 232 oft the Texas Local Government Code.  (H) The County shall not require the owner ofat tract ofl land located outside the  limits ofamunicipalitywho: divides thet tract into two or more] parts to have aj plat ofthesubdivision prepared if (1)t the owner does not lay out aj part ofthet tract described by Section 232.001(a)(3)of the Texas Local Government Code; and (2) all parts are transferred to persons who owned an undivided interest in the original tract and aj plat is filed before any further development ofany part  ofthei tract.  (2) The Commissioners Court may allow conveyance of portions of one or more previously: plattedlots by metes and bounds description without revising the plat, provided that the conveyance doesi not violate, alter, amend, diminish, or remove any coyenants,restictions, or vested  property rights.  2    APPENDIX TO SUBDIVISION REGULATIONS FOR MCMULLEN  COUNTY, TEXAS  EXHIBIT G    EXHIBIT G: FEE SCHEDULE  Pursuant to Section 232.021 of the Texas Local Government Code, the following fee (1) All fees shall be paid by the owner to the county at the time of preliminary plat (2) All fees described by this schedule shall be paid in full by cashier's check or money order, payable to the order ofl McMullen County, Texas, and shall be submitted inj person or by mail tot the Commissioners Court at the McMullen County Courthouse located at 501 River  schedulei is adopted:  application and submission - before the county conducts ai review ofthe plat.  Street, Tilden, Texas 78072. No partial payments shall be accepted. resulting fees shall be payable to the county as described above:  (3) The following fees are adopted for plat applications, and the total amount of the  (A) For a subdivision with 1 to 10 lots or divided parts: al base fee of $500.00, plus $100.00 per lot or divided part, plus all filing andi recording fees. (B) For a subdivision with 11 to 50 lots or divided parts: a base fee of $1,000.00, plus $100.00 per lot or divided part, plus all filing and  recording fees.  (C) For a subdivision with more than 50 lots or divided parts: a base fee of $1,500.00, plus $100.00 per lot or divided part, plus all filing and  recording fees.