SUBDIVISION ORDER - Adopted September 1983

WHEREAS, it is now certain that the Commissioners' Court of Nueces County is vested with full and complete powers of enforcement for a subdivision regulation within the area outside the extra-territorial jurisdiction of any city within said County:

WHEREAS, the Commissioners' Court of Nueces County deem it necessary to revise the rules and regulations governing conditions under which the Court, in the future, will approve plats of subdivisions for recording, in order to assist the Court in providing for the safety, health and welfare of the public; and after due notice of its intent to assert said regulator power as provided in Article 6626a Vernon's Annotated Civil Statutes as amended September 1, 1983:

NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS' COURT OF NUECES COUNTY that the following rules and regulations be and are hereby adopted as conditions precedent to the Court approving plats of subdivisions for recording or otherwise for the establishment of any existing tract of land, effective this 27th day of September, 1983, and the same shall be recorded upon the Minutes of the Nueces County Commissioners' Court.

  1. The plat shall be drawn on first quality paper or Mylar film, 18" x 24" maximum size sheet, in India ink; to a scale of one inch equals one hundred feet (1"= 100'), or larger with all figures and letters legible, and the whole proper for filing for record in the Office of the County Clerk, with the following information given: 
    1. The title or name by which the subdivision is to be identified, North point, the scale shown graphically, and the name and seal of the registered professional engineer or state licensed or registered land surveyor responsible. 
    2. A definite legal description and identification of the tract being subdivided, this description shall be sufficient for requirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition. 
    3. Where the area platted as a subdivision to a city or town, covering parts of lots or blocks in a recorded subdivision or partition of an original survey, the acreage taken from each of the said lots or blocks shall be clearly stated on the plat. 
    4. The boundaries of the subdivided property, the location or designation of all streets, alleys, parks and other areas intended to be dedicated or deeded to the public use, shall be shown with the proper dimensions and bearings. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the centerlines of all existing boundary streets or roads, or lines of established surveys with such other data furnished to locate the subdivision on the ground. 
    5. The plat shall show all block, lot and street boundary lines. Blocks and lots shall be numbered or lettered consecutively. The width of all streets shall be shown, measured at right angles or radially, where curved. 
    6. Accurate dimensions, both linear and angular, of all items on the plat shall be shown. Linear dimensions shall be shown in feet and decimals of a foot; angular dimensions shall be shown by bearing, all principal lines shall be fully described and all essential information given; circular curves shall be defined by actual length of radius and not by degree of curve. The arc definition of a curve shall be used in all computations. 
    7. The location and description of all lot corners, reference points and beginning and end points, (P.C. & P.T.) of all curves, shall be marked with 5/8" iron pipes 24" to 30" long, wet flush with the ground shall be used for block corners. 
    8. A certificate of dedications, duly acknowledged, on all roads or streets, public highways, utility easements, parks, drainage easements, and all other land intended for public use shall be shown on the plat. A thirty-foot (30') minimum drainage easement shall be shown on the plat, fifteen feet (15') minimum each side of the centerline of all gulleys, ravines, draws, sloughs, etc., in the subdivision. 
    9. A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance of all lien holders shall be included. 
    10. If the subdivision is located in an area not served by a sanitary sewer system and septic tanks are to be used, a certificate of approval from the City-County Health Department shall be required. If sewer lines are available and of sufficient size to be used, location shall be showing on drawings and arrangements for tying on shall be made. 
    11. Certificates of approval by the County Engineer and the Commissioners' Court shall appear on the plat. 
    12. Responsibilities of the Engineer - It shall be the duty of the County Engineer to check and assist the owners' engineer in every way possible. He shall furnish inspection as deemed necessary, but no stakes. He is not allowed to act as superintendent on the job. He is required to point out omissions, discrepancies, and other variations from the plans and specifications and see that corrections are made. His rulings shall be final. The owner's engineer or representative shall either be present on the job at all times or shall be available. 
      1. Lots shall be a minimum of five thousand (5,000) square feet except lots that require septic tanks must have a minimum of fifteen thousand (15,000) square feet. All lots, so far as practical, shall have their side lines at right angles to the road on which they face, or radial to curved road lines. 
      2. Corner lots for residential use shall have extra width to permit appropriate buildings set back from both streets. 
      3. Arterial, or main thoroughfare roads are to be provided where, in the judgment of the County Engineer; they are necessary and shall have a minimum right-of-way of eight (80) feet. 
      4. Collector roads through the subdivisions shall have a minimum right-of-way width of sixty feet (60') and shall provide unhampered circulation through the subdivision and adjoining subdivision. 
      5. In the event that a roadway is to cover an original survey corner, a marker shall be set on an offset at the right of way line. Such marker to be made of 6-inch diameter concrete and three feet long. The top of the marker shall be flush with the ground and have a brass plat with an "X" on it. In addition to this a three-foot pipe with a minimum diameter of one inch (1") shall be set six inches (6") below the ground n the right-of-way line and approximately 20 feet from the concrete marker. These markers shall be shown on the plat with the angle and distance to the original survey corner. 
      6. Where an existing road is continued into a new subdivision, the right-of-way in the new subdivision shall not be of less width than the right-of-way of the existing road. 
      7. Roads shall be laid out so as to intersect as nearly as possible at right angles. 
      8. Road jogs with centerline offsets of less than one hundred twenty-five feet (125') shall be avoided. 
      9. Property lines at road intersections shall be rounded with a radius of ten feet (10') or of a greater radius where deemed necessary by the County Engineer 
      10. Dead end roads, designed to be so permanently, shall not be longer than five hundred feet (500') and shall be provided at the closed end with a cul-de-sac (turn around) having an outside right-of-way diameter of at least one hundred feet (100'). 
      11. Roads that are a continuation of an existing road shall take the name of the existing road. 
      12. Where part of a road has been dedicated in an adjoining subdivision adjacent to, and along, the common property line of the two subdivisions, the same width, or wider, right-of-way must be dedicated in the new subdivision as was dedicated in the existing subdivision. 
      13. All arterial, main thoroughfare and collector roads shall be as straight as possible, with a maximum of five (5) degree curve being permitted, except at intersections; minor roads through residential areas may have a maximum of ten (10) degree curve. 
      14. Roads shall be platted so that continuation of said roads may be made in future subdivisions. 
      15. Provision must be made for the extension of main thoroughfare; belt loops of main county roads, etc., where required by the County Engineer. 
      16. A map shall be submitted to the County Engineer on a scale of not more than two hundred feet (200') per inch, and certified to as to accuracy by the engineer, or survey, preparing the plat, showing reasonable detail, the location and width of existing streets, roads, lots and similar facts regarding all property immediately adjacent thereto; also the connecting between the new and the existing subdivisions. If there are no adjacent subdivisions, then an accurate map must be submitted showing ownership of all adjacent property, location and distance of the nearest subdivision, and how the roads in the subdivision offered for record may connect with those in the nearest subdivision. 
      17. Profiles drawn to scale adequate to show the existing ground line and proposed grades of finished centerline of all roads, and flowline grade of all ditches; must be submitted to the County Engineer prior to plat approval. 
      18. Roadway and drainage plans shall be prepared by a Registered Professional Engineer (Texas Registration) 
      19. Roadway & Paving Standards - The following minimum standards shall be agreed to before final approval of a plat: 
        1. The ground shall be scarified and compacted to a depth of six inches (6") and a width of not less than two feet (2') beyond each side of the proposed pavement, for a subgrade. The subgrade shall be tested for compaction by a commercial laboratory and shall be a minimum of nine-five percent (95%) of the standard proctor density as determined at the optimum moisture content prior to the base being laid. 
        2. All roadways shall have a base of caliche, lime stabilized caliche, or shell and sand, having a minimum compacted thickness of six inches (6") and a width of one foot (1') beyond each side of the proposed pavement. The base material shall be compacted to a minimum of ninety-six percent (96%) of modified proctor density. The County Engineer must give prior approval for the source of base materials. 
        3. The base shall be surfaced with either a hot-mix asphaltic concrete pavement (Item 340) or a cold-mix limestone rock asphaltic concrete (Item 330), each one inch (1") in thickness minimum, or a three-course surface treatment using gravel or crushed rock for all three courses (Item 324) or a two course surface treatment (Item 322) using precoated aggregate for the top course or for both courses, as agreed. Specifications of all of the above to meet current Texas Department of Highways and Public Transportation 1982 Standard Specifications for Construction of Highways, Streets and Bridges. 
        4. All materials used in subdivision construction shall be subject to testing if warranted. An independent testing laboratory that is normally associated with performing tests on road and street construction shall be employed by the developer and approved by Nueces County. The developer to the testing laboratory will pay for the testing fees. The County Engineer will provide the developer with the minimum test requirements. 
        5. Widths of paving for the various types of streets are as follows: Arterial or main thoroughfare - forty-eight feet (48'), minor roads twenty-four feet (24'). A six-foot (6') earth wide shoulder shall be provided on both side of pavement except where curb & gutter is used. 
      20. Drainage: 
        1. In subdivisions where there is no curb & gutter, drainage shall be by roadway ditches, cross ditches, or swales. A map shall be submitted to the County Engineer showing direction of flow, acreage and all necessary drainage calculations. Ditches must have a minimum grade of 0.1' per 100'. Ditch side slopes shall not be steeper than four to one (4 to 1). Pipes shall be placed where required to provide necessary drainage under drives, sidewalks, cross drains, etc. In all instances calculations shall be shown for each drain, but in no instance shall the pipe used be less than eighteen inches (18") diameter. Drainage sketches, referred to above, shall show the drainage carried to its logical point of disposal. Drainage shall not be dumped on the adjoining tract or road to the detriment of that tract or road. All necessary easements shall be provided and ditch work done as an integral part of the subdivision being prepared. It shall be contrary to County policy to allow a subdivision to be built in the mouth of a large gulley, creek, draw or swale area, where heavy rains would cause damage to existing or contemplated improvements. The same would apply to installing streets, paving or other improvements in a new subdivision where the increased runoff will damage existing improvements below. Contours of not more than five foot (5') intervals in hilly land, or one foot (1') intervals in flat land, or in land that is at a twelve foot (12') elevation or less, shall be shown on this map. 
        2. When a plat involving roads, drainage or utility work shall have been approved and filed for record, then such roads, drainage or utility work shall be completed and accepted within six (6) calendar months from the date of acceptance. In case of inclement weather and upon application and approval, up to six (6) months extension may be granted. 
      21. A note shall be placed on the plat, where applicable, requiring building floor elevation to be constructed six inches (6") above the nearest roadway, or higher, if deemed necessary by County Engineer. 
      22. Subdivisions that are located in a flood zone on the "Flood Hazard Boundary Map" for Nueces County will have the following requirements: 
        1. Permanent type benchmarks shall be set in appropriate locations with the description and elevation shown on the plat. 
        2. A note on the plat stating "A flood permit will be required from Nueces County for building structures". 
        3. All subdivision proposals shall be consistent with Section D of the Nueces County Flood Damage Prevention Ordinance. 
        4. Contours at one-foot (1') intervals shall be shown on the plat. 
      23. A certificate from each Tax Collector of a political subdivision in which property is located must accompany the plat to be recorded showing that all taxes are paid. 
      24. A certificate of title or title insurance on the subdivision must be furnished showing ownership of property and all liens against sale. 
      25. STREET MARKERS: Two road or street name signs having the following specifications shall be erected at all street intersections in such subdivision for street markers: 
        1. Signs shall be constructed of one of the following materials: 4" x 4" posts, either treated or untreated, painted white and using 2" standard height letters, giving the official street or road name or number, or 
        2. The street name sign shall be of the cross-arm type, and shall be reflectorized on aluminum metal blanks. Posts shall be metal or wood (Minimum 2" round galvanized if the former and 4" square redwood, cedar or Southern yellow pine if the latter) and shall be 12" long, with at least 2'6" in the ground. If a "stop" or "yield" sign is also on the post, it shall be placed so as to not affect the legibility of the name. It shall be 7' minimum from the bottom of the sign to the ground line. 

BE IT FURTHER ORDRED that the County Engineer be instructed to approve plats and attach is certificate to the plats only after all the conditions stipulated herein are complied with or that he is satisfied that compliance will be reasonably forthcoming.

VARIANCE AND SEVERABILITY CLAUSES

The Commissioners Court of Nueces County, Texas, shall hear and render judgment on requests for variances from the requirements of this Order subject to the following prerequisites: 

  1. Variances shall only be issued upon: 
    1. A showing of good and sufficient cause. 
    2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and 
    3. A determination that the granting of a variance will not cause detriment to the public good or conflict with existing laws or conflict with existing laws or ordinances. 
  2. The Commissioners Court shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the County Engineer in the enforcement or administration of this Order. 

Upon consideration of the intent of this Order, the Commissioners Court may attach such conditions to the granting of variances as it deems necessary to further the purpose and objective of this Order.

Any person or persons aggrieved by the decision of the Commissioners Court may appeal such decision in the courts of competent jurisdiction. If any provision, section, part, subsection, sentence, clause, phrase, or paragraph of this Order to be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof, and all other provisions shall remain valid and unaffected by any invalid provision, if any. 

ENFORCEMENT

At the request of the Commissioners Court of Nueces County, the County Attorney may file an action in a Court of competent jurisdiction to enjoin the violation or threatened violation of the requirements established by or adopted under this Order and/or to recover damages in an amount adequate for the county to undertake any construction or other activity necessary to bring about compliance with the requirements established by this Order. 

  1. A person commits an offense if the person knowingly or intentionally violates a requirement established by or adopted under this act by the Nueces County Commissioners' Court. Said offense is a Class B misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) and/or a jail sentence of not more than one hundred eighty (180) days. 
  2. Any requirement that was established by a previous Order pursuant to Article 2372k Vernon's Annotated Civil Statutes before September 1, 1983, and that after that date, continues to apply to a subdivision of land is enforceable as provided for above. 

NOTE:

If any subdivision or addition is located outside of the city limits of any incorporated city or town, but lies within the extra-territorial limits, the form of dedication, etc., must be secured from the City or town and said plat must be first approved by the appropriate governing body before the same will be approved by the Commissioners' Court of Nueces County, Texas.

Any person dedicating such a map is to use such portion of the form as herein listed, which is the approval form for the Commissioners Court.

STATE OF TEXAS         }
COUNTY OF NUECES }

    BEFORE ME, the undersigned authority, on this day personally appeared ________________________, President, and ________________________ Secretary of (Name of Company) known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and considerations therein expressed, and in the capacity stated, and as the act and deed of said corporation.  Given under my hand and seal of office at _____ this _________ day of _________, A.D. _____.

__________________________________

Notary Public in and for __________ County, Texas

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

STATE OF TEXAS         }
COUNTY OF NUECES }

    I hereby certify that the foregoing map of __________________ complies with all the regulations and requirements of the Commissioner's Court of Nueces County, Texas, effective this date.
Dated this _________ day of _________, A.D. _____. 

__________________________________
County Engineer

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

STATE OF TEXAS         }
COUNTY OF NUECES }

I, ____________________________, Clerk of the Commissioner's Court of Nueces County, Texas hereby certify that the foregoing map was approved and accepted by said Court on the _________ day of _________,  _____ as shown by order of record in the minutes of said Court in Volume __________, Page _________.
Witness my hand and seal of said Court at office in Corpus Christi, Texas, this the _________ day of _________,  _____.

__________________________________

By: ____________________________ Deputy

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

STATE OF TEXAS         }
COUNTY OF NUECES }

I, ____________________________, Clerk of the County Court, in and for Nueces County, Texas, hereby certify that the foregoing map of ___________________ dated the _________ day of _________,  _____ with its certificate of authentication was filed for record in my office this _________ day of _________,  _____ at __________ o'clock __m and duly recorded in Volume __________, Page _________.
Witness my hand and seal of office in Corpus Christi, Texas this _________ day of _________,  _____.

__________________________________

By: ____________________________ Deputy

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

STATE OF TEXAS         }
COUNTY OF NUECES }

    I, ____________________, Registered Public Surveyor (or Engineer), hereby certify that this plat is true and correct, to the best of my knowledge and ability, and that it was prepared from a survey made on the ground in ___________ ___________, _______.

Registration Seal Date __________________________________
License No.

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

STATE OF TEXAS         }
COUNTY OF NUECES }

    I, ____________________ hereby certify that I am the owner of all the lands embraced within the bounds of _______________, Nueces County, Texas, subject to a lien held by _____________________; that I have had said land surveyed and subdivided as here shown, that all streets and alleys shown are dedicated to the use of the public; that all utility easements shown hereon are dedicated to the public for the installation, operation and use of the public utilities; that this map is made for the purposes of description and dedication, this the _________ day of _________,  _____.

__________________________________

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

STATE OF TEXAS         }
COUNTY OF NUECES }

    Before me, the undersigned authority, on this day personally appeared ___________________, known to me to be the person whose name is subscribed to the foregoing instrument of writing, and he acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity stated.
Given under my hand and seal of office, this the _________ day of _________,  _____.

__________________________________
Notary Public in and for Nueces County, Texas

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

STATE OF TEXAS         }
COUNTY OF NUECES }

    We, ___________________, hereby certify that we are the holders of a lien against the lands embraced within the bounds of _________________, Nueces County, Texas, and that we approve the subdivision and dedications of same for the purposes therein expressed.  This the _________ day of _________,  _____.

__________________________________

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

STATE OF TEXAS         }
COUNTY OF NUECES }

    This final plat of _________________________, Nueces County, Texas, approved by the Corpus Christi- Nueces County Heath Unit.  Any private water supply and/or sewage system shall be approved by the Corpus Christi- Nueces County Health Department prior to installation.  Dated the _________ day of _________,  _____.

__________________________________
Public Health Engineer

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

AMENDMENTS TO
NUECES COUNTY SUBDIVISION REGULATIONS

Adopted March 29, 2000 and August 9, 2000

1.0 Plat Required

  1. According to Local Government code Chapter 232.001, the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to lay out a Subdivision of the tract, including an addition; lots; or 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 must have a Plat of the Subdivision prepared. 
    1. A division of a tract under this subsection includes any 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 covey, or by using any other method. 
    2. In accordance with Local Government Code Section 232.0015, a Subdivision Plat is not required if the owner of a tract of land divides the tract into two or more parts and does not lay out 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, and: 
      1. The land is used primarily for agricultural use as defined by Section 1-d, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, or timber production use, within the meaning of Section 1-d-1, Article VIII, Texas Constitution; or 
      2. The tract is divided into four or fewer parts and the parts are sold, given, or otherwise transferred to an individual who is related to the owner within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code; or 
      3. All of the lots of the subdivision are more than 10 acres in area; or 
      4. All of the lots are sold to veterans through the Veterans' Land Board program; or 
      5. The tract is owned by the state or other state agency, board, or commission or owned by the permanent school fund or any other dedicated funds of the state; or 
      6. The owner of the land is a political subdivision of the state, the land is situated in a flood plain, and the lots are sold to adjacent landowners; or 
      7. One new part is to be retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to the plat approval requirements of these regulations; or 
      8. All parts of the tract are transferred to persons who owned an undivided interest in the original tract, and a plat is filed before any further development of any part of the tract. 
    3. If the tract described in Sections 2a, b, c, d, e, f, g, or h ceases to meet the exemption described therein, then platting requirements shall immediately apply. 
  2. Subject to the exemptions in Section 1.0 A 2a-h A, no land shall be divided and sold or conveyed until the Subdivider; 
    1. Has received approval of a Final Plat of the tract; and 
    2. Has filed with the County Clerk, a legally approved plat for recordation in the Map Records of the County. 
  3. These rules and any preceding rules shall apply to land which has been divided on or after September 1, 1999. A division of a tract referenced in this section is defined as using a metes and bounds description in a deed of conveyance or in a contract for a deed, using a contract of sale or other executory contract, purchase option rental agreement, or using any other method to convey property. 
  4. Approval of a Plat by the Commissioners Court shall not be deemed an acceptance of the proposed dedications, if any shown thereon, and shall not impose any duty upon the County concerning maintenance or improvements of any such dedications. The Commissioners Court determines which dedications will be accepted for County maintenance after the Owner maintenance period has expired. 
  5. Manufactured Home Rental Communities. A property developed as a manufactured home rental community and not subdivided from another tract as defined in Section 1.0 A of these Regulations is not subject to the subdivision regulations established herein. However, the owner who intends to use the land for a manufactured home rental community must have an infrastructure development plan prepared that complies with the minimum infrastructure standards established in Section 3.0 A of these Regulations. A Manufactured Home Rental Community is a plot or tract of land that is separated into two or more spaces or lots that are rented, leased, or offered for rent or lease, for a term of less than 60 months without a purchase option, for the installation of manufactured homes for use and occupancy as residences. 
  6. Electronic Submission. A computer floppy disk or CD-ROM with a file in AutoCAD format (.dwg) of the layout of the lots and streets (to scale and with state plane coordinates) within the Development shall be submitted for incorporation into the Countywide map. 

2.0 Plat Processing

  1. Timely Approval of Plats. Plats are to be reviewed in an expeditious manner by the Public Works Division. The following establish requirements for timely approval: 
    1. All documents and other information identified on the Final Plat Submission Checklist of these Regulations shall be provided to the Public Works Division. 
    2. If a person submits a Plat application to the Public Works Division that does not include all of the documentation or other information identified on the Final Plat Submission Checklist, the Public Works Division shall, not later than the 10th business day after the date of receipt of the Plat, notify the applicant of the missing documents or other information. 
    3. An application that contains all the documents and other information listed on the Final Plat Submission Checklist is considered complete and ready for review. 
    4. Final action shall be taken on the Plat application not later than the 60th day after the date the completed Plat application is received by the Public works Department. 
    5. If the Commissioners Court or the County Engineer disapproves a Plat application; the applicant shall be given a complete list of the reasons for the disapproval. 
    6. The 60 day period: 
      1. May be extended for a reasonable period, if agreed to in writing by the applicant and approved by the county Engineer; 
      2. May be extended 60 additional days if a takings impact assessment is required in connection with a Plat application as per Chapter 2007, Government code; and 
      3. Applies only to a decision wholly within the control of the Commissioners Court or the County Engineer. 
    7. The County Engineer shall make a determination on Section 2.0 AN A.6 of whether the 60-day period will be extended not later than the 20th day after the date a completed Plat application is received by the County Engineer. 
    8. If the Commissioners Court or the County Engineer fails to take final action on the Plat, in accordance with this section, then: 
      1. If the Commissioners Court has assessed a Plat application fee, the Court shall refund the greater of the unexpended portion of the Plat application fee or deposit or 50 percent of the Plat application fee or deposit that has been paid; 
      2. The Plat application is granted by operation of law; and 
      3. The applicant may apply to a district court in Nueces County for a writ of mandamus to compel the Commissioners Court to issue documents recognizing the Plat's approval. 
    9. Section 2.0 A of these regulations applies only to a Plat application submitted to the County on or after October 1, 1999
  2. If groundwater is the source of water supply for the subdivision, the Commissioners Court requires that each contract made between the owner and purchaser of land in the subdivision contain a statement describing the extent to which water will be made available to the subdivision and if it will be made available, how and when.

3.0 Infrastructure Development Plan

  1. In accordance with Local Government Code Section 232.007, an Infrastructure Development Plan (IDP) is required for all manufactured home rental communities, as defined in Section 1.0 E of these regulations, developed after August 30, 1999. 
    1. The development shall have a minimum of sixty (60) feet fronting a street or roadway which has been previously dedicated to the public for the public's use and benefit as a street or roadway. Access roads to the individual rental spaces must be constructed and paved to a minimum width of 20 feet with a 1 1/2 inch thick Hot Mixed Asphaltic Concrete (HMAC) paved surface, 8 inch thick crushed stone base, and, if located in clay or sandy soils, a 10 inch thick treated subgrade. 
    2. No space may contain more than one single family residential unit. No common driveways shall be allowed. Each space shall have separate and individual access. 
    3. A survey of the property shall be submitted to the County Public Works Division prior to the request by the owner or occupier of the lot for any permit and/or utility services. 
    4. The owner shall submit a letter of application, signed by the owner, that stipulates the intention of the owner; name, address, phone number of the owner; names of water and electricity providers; and name of wastewater provider or type and usage of on-site sewage facilities. 
  2. The Manufactured Home Rental Community Infrastructure Development Plan (IDP) shall show at minimum the following: 
    1. Only 18" x 24" sheets will be acceptable and at a maximum scale of 1"=200' (1"=100' preferred), or as approved by the County Engineer. An index on the first sheet is required when more than two sheets are required for the IDP. 
    2. Names, locations, dimensions (bearings and distances), and layouts of existing and proposed streets, alleys, easements, and other public rights-of-way and public / private encumbrances (deed restrictions, etc.) on the property and any proposed street right-of-way, easement, alley, park, or other public dedication. 
    3. Dimensions, bearings and distances, of the proposed rental spaces. 
    4. Signatures and date of approval and certifications on the IDP. These approval signatures shall be not more than six (6) months prior to the submission. Examples of the required acknowledgments and certifications are as contained in the exhibits attached hereto. 
    5. Legal description, acreage, and name of the proposed Development. The Development's name shall not be spelled or pronounced similarly to the name of any existing Development or Subdivision located within the County. 
    6. The boundary of the Development indicated by a heavy line and described by bearings and distances. 
    7. Scale, legend, north arrow, spot elevations on 100' or an appropriate grid, with two foot (2.0') contour lines. Alternate contour intervals may be submitted, based on terrain, with approval from the Public Works Division.
    8. Deed record, name of owner, volume and page number of adjoining properties.
    9. Dates of survey and preparation of IDP.
    10. Identification code, location, description, and elevation of USGS or appropriate benchmark used in the survey.
    11. Front building setback lines. Back and side building setback lines by note. 
    12. Location of any City's corporate limit line or extra territorial jurisdiction line. 
    13. Vicinity map with streets, ditches, general drainage flow directions to the ultimate outfall, city limits and ETJs, and other major land features 
    14. Net area (gross area less easements) of rental spaces to the nearest 1/100 of an acre for lots using On Site Sewage Facilities and / or well water. 
    15. Limits of flood hazard areas as defined by the appropriate FEMA FIRM panel and the proposed finished floor elevation of buildings within these flood hazard areas on each space.
    16. A certification by a Surveyor or Engineer describing any area of the Development that is in a Flood plain or stating that no area is in a Flood plain, as delineated by the appropriate FEMA FIRM panel and date.
    17. A surveyor's signature and seal on the IDP for certification.
    18. The description of the water and sewer facilities, electricity and gas utilities, and roadways and easements dedicated for the provision of water and sewer facilities that will be constructed or installed to serve the Development and a statement of the date by which the facilities will be fully operable, prepared by an Engineer (may be included in an attached document). A certification must be included that the water and sewer facilities described by the IDF, or document attached to the IDP, are in compliance with these Regulations. 
    19. Approvals by other regulatory and governing bodies, as required 
  3. The IDP submittal shall also include the following documents: 
    1. Letters signed and dated from water, wastewater, and electric utilities of service commitment and availability and statement of approval of existing and proposed utility easements. 
    2. A tax certificate showing that all taxes currently due with respect to the original tract have been paid. 
    3. Results of soils analysis certified by a qualified site evaluator (as defined by 30 TAC Chapter 285) for on-site sewage facilities (OSSF). 
    4. Engineering Design Construction Plans for roadway access to each rental space for fire and emergency vehicles. 
    5. Drainage design plans to ensure adequate drainage off of the rental spaces to drainage channels and out of the Development, including the design of drainage structures, culverts, and/or systems using a 10 year storm frequency, such that the drainage out of the Development does not have a negative drainage impact on neighboring properties. If additional right of way (ROW) is required for existing County road drainage and access as determined by the County Engineer to achieve a 60 foot wide Right of Way, the owner shall dedicate these rights of way to the County. 
    6. The Engineering Report, as described in Section 4.0 A of these Regulations. 
  4. Inspection of Improvements. Construction of a proposed Manufactured Home Rental Community may not begin before the date the County Engineer approves the IDP. Periodic inspection of improvements may be required, as directed by the County Engineer. If the County Engineer directs that a final inspection is required, it must be completed not later than the second business day after the date the County Engineer receives a written confirmation from the owner that the construction of the infrastructure is complete. If the inspector determines that the infrastructure improvements comply with the IDP, then the County Engineer shall issue a Certificate of compliance not later than the fifth business day after the date the County Engineer receives written confirmation from the owner that he infrastructure has been completed and in compliance with the IDP. 
  5. Utilities. A Utility may not provide utility services, including water, sewer, gas and electric services, to a Manufactured Home Rental Community subject to an IDP or to a manufactured home in the community unless the owner provides the utility with a copy of the Certificate of Compliance issued by the County Engineer. This requirement applies to: 
    1. A municipality that provides utility services; 
    2. A municipally owned or municipally operated utility that provides utility services; 
    3. A public utility that provides utility services; 
    4. A nonprofit water supply or sewer service corporation organized and operating under Chapter 67, Water code, that provides utility services; 
    5. A county that provides utility services; and 
    6. A special district or authority created by state law that provides utility services. 
  6. Timely Approval of Infrastructure Development Plans. Not later than the 60th day after the date the owner of a proposed manufactured home rental community submits an infrastructure development plan for approval, the County Engineer shall approve or reject the plan in writing. If the plan is rejected, the written rejection must specify the reasons for the rejection and the actions required for approval of the plan. The failure to reject a plan within the period prescribed herein constitutes approval of the plan. 

4.0 Engineering Report for Manufactured Home Rental Communities

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

  1. Water Supply Facilities 
    1. Public Water Systems
      1. If the water supplier is a political subdivision of the state: a city, municipality, utility district, water control and improvement district, nonprofit water supply corporation, etc., the Developer shall furnish a signed letter of service availability from the water supplier to provide the state's minimum requirements of quality and quantity of water to the proposed Development. 
      2. Where there is no existing facility or owner intending to construct and maintain the proposed water supply facilities, the Developer may establish an investor-owned utility or create a municipal utility district and obtain a Certificate of convenience and Necessity (CCN) from the Texas Natural Resources Conservation Commission (TNRCC) and include evidence of the CCn issuance for the Development area. Prior to IDP approval, plans and specifications for the proposed water facilities system shall have been approved by all entities having jurisdiction over the proposed project, including TNRCC. 
      3. Water service must be extended into the Development to each lot or rental space if the existing water lines are located within 300 feet of the Development and if there is sufficient water available by the water supplier. 
    2. Private Wells or Non-public Water Systems - Quantitative and qualitative results of sampling test wells in accordance with requirements promulgated by the TNRCC and the Texas Department of Health shall be included where individual wells are proposed for the supply of drinking water to residences and other establishments. The results of the analyses shall be made available to the prospective property owners or renters. 
    3. Prior to IDP approval, plans and specifications for the proposed water facilities system shall have been approved by all entities having jurisdiction over the proposed project, including TNRCC. Evidence of the approvals shall be included in the Engineering Report. 
  2. Wastewater Disposal Facilities 
    1. Centralized Sewerage Facilities 
      1. If wastewater treatment is provided by a political subdivision of the state) city, municipality, utility district, water control and improvement district, nonprofit water supply corporation or an existing investor-owned water supply corporation, etc.) the Developer shall furnish a signed letter of service availability to provide the state's minimum wastewater treatment standard for the proposed Development from the utility. 
      2. Where there is no existing entity or owner to build or maintain the proposed wastewater treatment and collection facilities, the Developer may establish an Investor-owned utility or a municipal utility district by obtaining a Certificate of Convenience and Necessity (CCN) from the TNRCC. 
      3. Prior to IDP approval, an appropriate permit to treat and/or dispose of wastes for the ultimate build-out of the Development shall have been obtained from the TNRCC and plans and specifications for the proposed wastewater collection and treatment facilities shall have been approved by all entities having jurisdiction over the proposed project, including TNRCC. Evidence of the approvals shall be included in the Engineering Report. 
      4. Wastewater disposal service must be extended into the development to each lot or rental space if the existing wastewater lines are within 200 feet of the Development and there is sufficient wastewater capacity available from the wastewater service provider. 
    2. On-Site Sewage Facilities - The engineering report shall include soils analysis results as required under the Nueces County Regulations for On-Site Sewage Facilities.
  3. Roadways. The Engineering Report shall include a description of the roadways within the Community, and include information on the roadway cross section, pavement width and thickness, base thickness, subgrade treatment, material specifications, and other information as required in these Regulations. Plans and specifications for these improvements shall also be submitted to the County Engineer for approval prior to construction. 
  4. Signage Plan. A signage plan for the streets to be constructed, if any, is to be included that shows an overall street layout depicting the location and description of signs and traffic control devices to be installed. The traffic control devices will include street name signs, stop signs, yield signs, speed limit signs, directional controls, striping and delineators, etc. 
  5. Traffic Impact Study. For Manufactured Home Rental Communities of 100 spaces of greater, the Engineering Report may, at the request of the County Engineer, be required to include a Traffic Impact Study in accordance with the requirements of the City of Corpus Christi to assess the effects of additional traffic on the existing and proposed transportation system. 
  6. Drainage. The Engineering Report shall include information of the Development and roadway drainage, culverts, conveyances, outfalls, and other information as required to properly convey storm water within and away from the Development. Plans and specifications for these improvements shall also be submitted to the County Engineer for approval prior to construction. 
  7. Electronic Submission. A computer floppy disk or CD-ROM with a file in AutoCAD format (.dwg) of the layout of the lots and streets (to scale and with state plane coordinates) within the Development shall be submitted for incorporation into the Countywide map.