ESBD_360337_1716476307001_Attachment A - 2017 Hays County Development Regulations.pdf

Hays County Development Regulations Revised Version– February 21, 2017

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ADOPTION VERSION

HAYS COUNTY

DEVELOPMENT REGULATIONS

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TABLE OF CONTENTS

CHAPTER 701 - DEVELOPMENT REGULATIONS IN GENERAL

Sub-Chapter 1 - Preamble and Purpose Sub-Chapter 2 - Applicability Sub-Chapter 3 - Definitions Sub-Chapter 4 - Delegation of Authority, Appeals and Public Records Sub-Chapter 5 - Outstanding Tax Liabilities Sub-Chapter 6 - Fees Sub-Chapter 7 - General Application and Approval Procedures Sub-Chapter 8 - Administrative Authorization and Variances Sub-Chapter 9 - General Public Notice Requirements Sub-Chapter 10 - Public Participation Sub-Chapter 11 - Development Authorizations Sub-Chapter 12 - Filing Record Documents with the County Clerk Sub-Chapter 13 - Enforcement and Penalties Sub-Chapter 14 - Conflicts of Interest Sub-Chapter 15 - Termination and Modification of Development Authorizations Sub-Chapter 16 - Coordination with “911” Addressing System

CHAPTER 702 - RESERVED

CHAPTER 703 - RESERVED

CHAPTER 704 - RESERVED

CHAPTER 705 - SUBDIVISION AND PLATTING OF PROPERTY

Sub-Chapter 1 - Applicability Sub-Chapter 2 - General Subdivision Requirements Sub-Chapter 3 - Exemptions Sub-Chapter 4 - Application Procedures Sub-Chapter 5 - General Requirements for Subdivisions Sub-Chapter 6 - Preliminary Plan Sub-Chapter 7 - Approval of Preliminary Plan Sub-Chapter 8 - Final Plat Sub-Chapter 9 - Approval of Final Plat Sub-Chapter 10 - Record Plat Sub-Chapter 11 - Plat Revisions Sub-Chapter 12 - Public Notice

CHAPTER 706 - RESERVED

CHAPTER 707 - RESERVED

CHAPTER 708 - RESERVED

CHAPTER 709 - RESERVED

CHAPTER 710 - RESERVED

CHAPTER 711 - SITE DEVELOPMENT REVIEW AND DEVELOPMENT

AUTHORIZATIONS

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Site Development Review Applications Sub-Chapter 3 - Permits and Development Authorizations In General Sub-Chapter 4 - General Application Procedures

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Sub-Chapter 5 - Contents of Permits

CHAPTER 712 - RESERVED

CHAPTER 713 - RESERVED

CHAPTER 714 - RESERVED

CHAPTER 715 - WATER AND WASTEWATER AVAILABILITY

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Administrative Procedures Sub-Chapter 3 - Water Availability Sub-Chapter 4 - Wastewater Service Availability

CHAPTER 716 - RESERVED

CHAPTER 717 - RESERVED

CHAPTER 718 - RESERVED

CHAPTER 719 - RESERVED

CHAPTER 720 - RESERVED

CHAPTER 721 - ROADWAY STANDARDS

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Roadway Classifications Sub-Chapter 3 - Public Roadways Sub-Chapter 4 - Private Roadways Sub-Chapter 5 - Standards for Regulated Roadways Sub-Chapter 6 - Transportation Planning

CHAPTER 722 - RESERVED

CHAPTER 723 - RESERVED

CHAPTER 724 - RESERVED

CHAPTER 725 - STORM WATER MANAGEMENT STANDARDS

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Public Facilities Sub-Chapter 3 - Design Criteria Sub-Chapter 4 - Areas Subject to Local Water Quality Requirements Sub-Chapter 5 - Incentives for Lots Larger Than Five Acres

CHAPTER 726 - RESERVED

CHAPTER 727 - RESERVED

CHAPTER 728 - RESERVED

CHAPTER 729 - RESERVED

CHAPTER 730 - RESERVED

CHAPTER 731 - CONSTRUCTION AND ACCEPTANCE OF MAINTENANCE FOR

PUBLIC INFRASTRUCTURE

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Construction Sub-Chapter 3 - Acceptance of Public Infrastructure for Maintenance Sub-Chapter 4 - Financial Assurance

CHAPTER 732 - RESERVED

CHAPTER 733 - RESERVED

CHAPTER 734 - RESERVED

CHAPTER 735 - FLOOD DAMAGE PREVENTION

Sub-Chapter 1 - Applicability

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CHAPTER 736 - RESERVED

CHAPTER 737 - RESERVED

CHAPTER 738 - RESERVED

CHAPTER 739 - RESERVED

CHAPTER 740 - RESERVED

CHAPTER 741 - RESERVED

CHAPTER 742 - RESERVED

CHAPTER 743 - RESERVED

CHAPTER 744 - MANUFACTURED HOME RENTAL COMMUNITIES

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Exemptions Sub-Chapter 3 - Application Procedures Sub-Chapter 4 - Minimum Standards Sub-Chapter 5 - Requirements Prior to Occupancy Sub-Chapter 6 - Public Notice

CHAPTER 745 - RESERVED

CHAPTER 746 - RESERVED

CHAPTER 747 - RESERVED

CHAPTER 748 - RESERVED

CHAPTER 749 - RESERVED

CHAPTER 750 - Reserved

CHAPTER 751 - USE OF COUNTY PROPERTIES OR FACILITIES

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Types of Approvals Authorized Sub-Chapter 3 - Regulated Activities and Improvements Sub-Chapter 4 - General Application Procedures Sub-Chapter 5 - Minor Permits Sub-Chapter 6 - Application Procedures for Uses Requiring a Development Authorization 166 Sub-Chapter 7 - General Requirements for Use

CHAPTER 752 - RESERVED

CHAPTER 753 - RESERVED

CHAPTER 754 - RESERVED

CHAPTER 755 - LAND USE AND LOCATION RESTRICTIONS

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Definitions Specific to This Chapter Sub-Chapter 3 - Regulated Activities Sub-Chapter 4 - Location Restrictions Sub-Chapter 5 - Land Use Regulations Sub-Chapter 6 - Gated Community Access Control Regulations

CHAPTER 756 - RESERVED

CHAPTER 757 - RESERVED

CHAPTER 758 - RESERVED

CHAPTER 759 - RESERVED

CHAPTER 760 - RESERVED

CHAPTER 761 - ECONOMIC INCENTIVES FOR DEVELOPMENT ACTIVITIES

Sub-Chapter 1 - Applicability

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Sub-Chapter 2 - Application of Economic Incentives By County Sub-Chapter 3 - Application and Approval Procedures Sub-Chapter 4 - Rebate Procedures Sub-Chapter 5 - Incentives for Water Quality Protection Features

CHAPTER 762 - RESERVED

CHAPTER 763 - RESERVED

CHAPTER 764 - RESERVED

CHAPTER 765 - CONSERVATION DEVELOPMENT

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Definitions Specific to This Chapter Sub-Chapter 3 - Application Procedures Sub-Chapter 4 - Development Authorizations for Conservation Developments Sub-Chapter 5 - Conservation Development Design Sub-Chapter 6 - Resource Conservation Sub-Chapter 7 - Preferred Development Areas Sub-Chapter 8 - Conservation Development Agreement Sub-Chapter 9 - Off-site Transfers for Conservation Development

CHAPTER 766 - RESERVED

CHAPTER 767 - RESERVED

CHAPTER 768 - RESERVED

CHAPTER 769 - RESERVED

CHAPTER 770 - RESERVED

CHAPTER 771 - DEVELOPMENT AGREEMENTS

Sub-Chapter 1 - Applicability Sub-Chapter 2 - Application and Approval Procedures Sub-Chapter 3 - Contents of the Development Agreement Sub-Chapter 4 - Approval and Modification of Development Agreements Sub-Chapter 5 - Public Notice

CHAPTER 772 - RESERVED

CHAPTER 773 - RESERVED

CHAPTER 774 - RESERVED

CHAPTER 775 - RESERVED

CHAPTER 776 - RESERVED

CHAPTER 777 - RESERVED

CHAPTER 778 - RESERVED

CHAPTER 779 - RESERVED

CHAPTER 780 - RESERVED

CHAPTER 781 - RESERVED

CHAPTER 782 - RESERVED

CHAPTER 783 - RESERVED

CHAPTER 784 - RESERVED

CHAPTER 785 - RESERVED

CHAPTER 786 - RESERVED

CHAPTER 787 - RESERVED

CHAPTER 788 - RESERVED

CHAPTER 789 - RESERVED

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CHAPTER 790 - RESERVED

CHAPTER 791 - RESERVED

CHAPTER 792 - RESERVED

CHAPTER 793 - RESERVED

CHAPTER 794 - RESERVED

CHAPTER 795 - RESERVED

CHAPTER 796 - RESERVED

CHAPTER 797 - RESERVED

CHAPTER 798 - RESERVED

CHAPTER 799 - REFERENCE DOCUMENTS

Sub-Chapter 1 - General Requirements Sub-Chapter 2 - County Technical and Administrative Documents Sub-Chapter 3 - Statutes, Regulations and Ordinances Sub-Chapter 4 - Standards and Guidance Documents

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CHAPTER 701 - DEVELOPMENT REGULATIONS IN GENERAL

Sub-Chapter 1 - Preamble and Purpose

§1.01. Preamble These Development Regulations have been adopted by Order of the Hays County Commissioners Court to provide a framework for the orderly and efficient development of rural and suburban Hays County. The various departments, agencies, entities and employees of the County are directed to implement these Regulations and are authorized to do so as outlined herein.

§1.02. Purpose The purpose of these regulations is to implement the powers and duties of the County authorized under the Texas Water Code, the Texas Health and Safety Code, the Texas Local Government Code and other laws, to establish the policies of the Commissioners Court and to set forth procedures to be followed in County proceedings in regulating certain activities associated with development in Hays County. The regulations should be interpreted to simplify procedure, avoid delay, save expense, and facilitate the administration and enforcement of laws and regulations by the County.

§1.03. Severability It is hereby declared to be the express intention of the Commissioners Court of Hays County, Texas, that the appendices, Chapters, clauses, paragraphs, phrases, Sections, sentences, and Subsections of these Regulations are severable. In the event any appendix, Chapter, clause, paragraph, phrase, Section, sentence or Subsection of these Regulations shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any remaining appendices, Chapters, clauses, paragraphs, phrases Sections, or Subsections of these Regulations.

§1.04. Adoption by Reference Where these Regulations adopt by reference the guidelines, laws, ordinances, policies, procedures, regulations, rules, and/or statues (hereinafter “other rules”) of another entity, the implementing County departments, employees and agents shall maintain and make available to the public a copy of any current document which contains such other rules adopted by reference, in accordance with Chapter 799.

Sub-Chapter 2 - Applicability §2.01. General Requirements This Chapter shall govern the general administrative procedures and review and evaluation processes to be used by the County to process and approve Applications for various types of Development Authorizations and to outline public notice requirements and establish guidelines for public participation in the review and approval of Development Authorizations.

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§2.02. Legal Authority Legal Authority for adopting and enforcing the regulations in this Chapter is granted to the County under Texas Local Government Code (TLGC) in Chapters 232, 233, 234, 242, 245 and 352 and under the Texas Water Code (TWC) in Chapters 26 and 35.

§2.03. Approval Required Except as otherwise provided herein, approval of the County is required prior to conducting any of the development activities outlined in these regulations.

§2.04. Development Authorizations within ETJ of a Municipality Whenever any portion of an Original Tract lies within the defined extraterritorial jurisdiction (ETJ) of a municipality and is subject to both the development regulations of such municipality and Hays County, the following procedures will govern:

(A) The Applicant should obtain approval of the Application from the applicable Reviewing Authority, as determined under TLGC Chapter 242, before filing record documents with the County Clerk. As required by the Texas Property Code, the County Clerk will not accept documents for recordation unless they have been approved by the Reviewing Authority.

(B) In accordance with the TLGC, the County is authorized to enter into inter-local agreements with municipalities within the County to identify the Reviewing Authority for the area within the County that is also within that municipality’s ETJ. The County shall maintain and make available to the public a list of all municipalities with ETJ within the County and shall identify on that list the Reviewing Authority for each portion of an ETJ within the County. The following procedures shall govern the requirements for review and approval based on the identity of the Reviewing Authority:

(1) For Applications for which the County is the Reviewing Authority, Applicants shall follow the procedures outlined in these Regulations.

(2) For Applications for which a municipality is the Reviewing Authority, a person wishing to file record documents with the County Clerk for a development activity approval shall with those documents file a certificate that indicates that the development activity has either been approved by the municipality or is exempted from the municipality’s development regulations, and that all fees due to the County have been paid The applicant bears the burden of establishing to the Commissioners Court that no municipal approval is required.

(3) For Applications for which the Reviewing Authority is a joint office established by the County and one or more authorized municipalities through inter-local agreement, the implementing departments, agencies and employees of the County shall maintain and make available to the public a current copy of the regulations and procedures for the Reviewing Authority. A person wishing to file record documents with the County Clerk for a Development Authorization shall with those documents file a certificate that indicates that the development activity has either been approved by the Reviewing Authority or is exempted from the Reviewing Authority’s development regulations, and that all fees due to the County have been paid. For a development activity that the Applicant asserts is exempt from obtaining an approval from the Reviewing Authority,

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the Applicant bears the burden of establishing to the Commissioners Court that no Reviewing Authority approval is required.

(C) Unless otherwise expressly stated in an agreement between the County and the Reviewing Authority, the County’s fees shall be assessed on all Applications for Development Authorizations for which the County is not the Reviewing Authority where any portion of the Subject Property is located outside the incorporated limits of a municipality. The County’s fees shall be separate and severable from fees assessed by other entities on an Application. A waiver of fees by the Reviewing Authority shall not constitute a waiver of fees by the County, unless the County’s fees are duly waived under these regulations.

§2.05. Affect of Regulations on Prior Development Authorizations

(A) These Regulations shall not alter the rights granted by any prior Development

Authorizations issued by the County, provided that:

(1) Such Development Authorization has not expired based on the provisions of the Development Authorization or the regulations or ordinances under which such Development Authorization was issued; and,

(2) The activities authorized under such Development Authorization are conducted in accordance with the provisions of the Development Authorization or the regulations or ordinances under which such Development Authorization was issued.

(B) Any person who holds a Development Authorization issued by the County prior to the effective date of these regulations may petition the County to modify such prior Development Authorization to comply with any portion of these Regulations. This petition should be submitted in writing in accordance with Subchapter 15 of this Chapter.

§2.06. Affect of Regulations on Pending or Previously Filed Applications

(A) These Regulations shall not alter the rights granted by TLGC Chapter 245 to applications filed or pending before the effective date of these Regulations. Applications filed or pending before the effective date of these Regulations, and subsequent County-issued Development Authorizations related to such pending applications, have the right to be reviewed under the regulations in effect at the time the original application was filed, provided that:

(1) The Application has not expired in accordance with the regulations in effect at the time of filing;

(2) The Applicant timely files supplemental information requested by the Department for consideration; and,

(3) The Application is not denied by the Commissioners Court.

(B) Applications pending before the effective date of these Regulations that expire at any time after the effective date of these Regulations shall be null and void and shall disqualify the Applicant, Permittee and owner of the Subject Property from the ability to submit any subsequent applications for consideration under prior regulations based on the original application date of the expired application. Expired applications shall require a complete new Application be submitted under these Regulations.

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(C) An Applicant with an Application pending on the effective date of these regulations may petition the County to have such application considered under these Regulations. This petition must be submitted in writing in accordance with Subchapter 15 of this Chapter.

§2.07. Affect of Regulations on Previously Unregulated Activities These regulations shall be implemented as presented below for each of the following categories of previously unregulated activities:

(A) For persons, facilities and sites that commence newly regulated activities following the effective date of these Regulations, such persons, facilities and sites shall comply with the terms of these Regulations on the date such regulated activity commences.

(B) Persons, facilities and sites that have commenced newly regulated activities prior to the effective date of these Regulations shall have one hundred eighty (180) calendar days to bring such regulated activities into compliance with these Regulations.

(C) For those newly regulated activities that require approval of the County, such persons, facilities and locations that have commenced newly regulated activities prior to the effective date of these Regulations shall bring such regulated activities into compliance with these Regulations within thirty days of final action by the County on their application; provided such application was filed within one hundred eighty (180) calendar days of the effective date of these Regulations.

Sub-Chapter 3 - Definitions §3.01. Language Construction and Meaning Unless otherwise indicated by individual Chapters of these Regulations, the language construction and meaning shall be that assigned in common usage at the time of their adoption.

§3.02. Defined Terms Used in the Regulations Unless otherwise indicated by individual Chapters, the following terms, when used in these Regulations, shall have the meanings ascribed to them as outlined below.

(A) Acre - A unit of area equal to 43,560 square feet. When calculating the acreage of any Lot, the gross square footage within the Lot shall be used, provided any area within a private roadway easement or an easement for a Shared Access Driveway shall be excluded.

(B) Applicant - A person seeking approval of an application submitted pursuant to these Regulations.

(C) Application – A document or series of documents describing the applicant, the property, the activity for which approval is sought, how the activity satisfies the requirements of these regulations, and which is filed with the intent of obtaining approval of the application.

(D) Calendar Day – any and all days shown on the County’s official calendar, inclusive of holidays and weekends.

(E) Commissioners Court - The Commissioners Court of Hays County.

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(F) Condominium Development - a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions.

For the purposes of these regulations a Condominium shall be all developments created under Chapter 82 of the Texas Property Code aka the Uniform Condominium Act.

(G) Conservation Easement – an easement on real property for the purpose of limiting or restricting development activities on the property subject to said easement. To qualify as a Conservation Easement under this Chapter, the easement shall be granted to the public and shall be held by the County or other non-profit legal entity recognized by the County as custodian for the County. A Conservation Easement shall be in such form and under such conditions as are acceptable to the County.

(H) Contiguous Property(ies) - land parcels, tracts or lots of real property that are immediately adjacent, connected to one another or share a common boundary, but may also includes land separated only by a roadway, utility corridor or aquatic feature.

Properties that are separated by a roadway, utility corridor or aquatic feature within two hundred feet are considered Contiguous Properties.

(I) Contributing Zone of the Edwards Aquifer - The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer and is generally located upstream (upgradient) and north to northwest of the recharge zone, as identified by the Texas Commission on Environmental Quality (TCEQ) under the Edwards Aquifer Rules. It is the intent of the County that this definition conform to the corresponding definition included in the TCEQ Edwards Aquifer Program regulations, as subsequently amended. In the event an Applicant cannot determine with specificity the location of the boundary of the Contributing Zone of the Edwards Aquifer, the Applicant may submit appropriate maps and other evidence as may be requested by the Department for assistance in such determination from the Department.

(J) County - Hays County, Texas. Where referenced herein, the County may include either the Commissioners Court or personnel, departments or agencies of the County acting under authority delegated to such personnel, departments or agencies by the Commissioners Court.

(K) County Clerk - The County Clerk of Hays County.

(L) Department – Either the Hays County Transportation Department or Hays County Development Services Department, as applicable.

(M) Development - All land modification activity, including the construction of buildings, roadways, paved storage areas, parking lots, storm water management facilities and other impervious structures or surfaces.

(N) Development Agreement – A written agreement entered into between the County, the Permittee and/or the Owner(s) of the Subject Property that stipulates the conditions under which development activities on the Subject Property will be conducted. Development Agreements must have the approval of the Hays County Commissioners Court.

(O) Development Authorization – The approval by the Hays County Commissioners Court or by departments, agents, or personnel delegated such approval authority by the Commissioners Court of one or more Applications for development activities governed

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by these Regulations for a specific project or tract of land, as identified in such Application(s). Development Authorizations shall include approved preliminary plans, final plats, flood hazard area permits, on-site sanitary sewer facility permits, Manufactured Home Rental Community permits, Permits for the Use of County Property or Facilities, a Land Use/Location Restriction license, combinations of any such permits or licenses, and any other approvals or authorizations issued under these Regulations.

This term shall also apply to Development Authorizations or equivalent approvals issued by the County prior to the effective date of these Regulations.

(P) Director - The Director of the Hays County Transportation Department or Hays County Development Services Department, as applicable, and any successor thereto.

(Q) Dwelling Unit –One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of one household. Dwelling units may include:

(1) A Single Family Residence;

(2) An Apartment;

(3) A Condominium Unit; or,

(4) A Manufactured Home within a Manufactured Home Rental Community;

(R) Edwards Aquifer Recharge Zone - Any area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer, as identified by the Texas Commission on Environmental Quality under the Edwards Aquifer Rules. It is the intent of the County that this definition conform to the corresponding definition included in the TCEQ Edwards Aquifer Program regulations, as subsequently amended. In the event an Applicant cannot determine with specificity the location of the boundary of the Edwards Aquifer Recharge Zone, the Applicant may submit appropriate maps and other evidence as may be requested by the Department for assistance in such determination from the Department. Any determination by the Department will affect only these Regulations and will not in any manner be binding upon the TCEQ. The Department may require the Applicant to obtain a determination from the TCEQ, and any determination by the TCEQ regarding the location of the Recharge Zone will control for purposes of these Regulations. The intent of these Regulations is to coordinate applicable state and local regulations such that the definition of the Edwards Aquifer Recharge Zone under these Regulations shall be identical with the definition found within the Edwards Aquifer Rules.

(S) Edwards Aquifer Rules - The Regulations promulgated by the Texas Commission on Environmental Quality (TCEQ) relating to the Edwards Aquifer, currently set forth in Title 30, Texas Administrative Code, Chapter 213, as amended from time to time.

(T) Endangered Species Act - the federal Endangered Species Act of 1973, including any and all subsequent amendments.

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(U) Final Plat - A map of a proposed Subdivision of land prepared in a form suitable for filing of record with all necessary survey drawings, notes, information, affidavits, dedications and acceptances as required by these Regulations.

(V) Groundwater Conservation District (GCD) - A special district or other governmental entity authorized under the laws of the State of Texas with authority over groundwater resources as identified in the Texas Water Code, Chapter 36. Current Groundwater Conservation Districts in Hays County include the Barton Springs Edwards Aquifer Conservation District, the Edwards Aquifer Authority and the Hays Trinity Groundwater Conservation District.

(W) Local Groundwater – Water obtained by pumping or extracting water from below the surface of the ground from an Aquifer native to Hays County such as the Trinity or Edwards Aquifers.

(X) Lot - Any tract to be created by the division of the Original Tract pursuant to a proposed Subdivision Application or a Manufactured Home Rental unit or space including the remainder of the Original Tract, as well as existing platted and un-platted tracts, and exempt subdivisions.

(Y) Manufactured Home Rental Community - 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 sixty (60) months without a purchase option, for the installation of manufactured homes for use and occupancy as residences.

(Z) Official County Records – the official County map records, deed records, and such other official County records as the County Clerk may be required or in fact does maintain.

(AA) On-Site Sewage Facility Rules – The Order Adopting Rules of Hays County, Texas, for On-Site Sewage Facilities, as shown in Appendix A and as may be amended from time to time.

(BB) Original Tract - The original tract of land owned by an Owner prior to the proposed Subdivision.

(CC) Owner(s) - The holder(s) of a legal or equitable interest in real property as shown by the deed records of the county in which the property is located, and which has been included in an Application or Development Authorization under these Regulations.

(DD) Permittee – A person, including legal successors or assigns, to whom the County actually issues a Development Authorization and who is responsible for complying with the terms of said Development Authorization, including any representations, covenants and agreements included in the Application and any special provisions incorporated by the County into the Development Authorization. A person indicated on an Application as a Permittee shall be considered a prospective Permittee until such time as a Development Authorization is issued to such Permittee.

(EE) Permitted Sewer System - Any public or private sewerage system for the collection of sewage that flows into a treatment and disposal system that is regulated pursuant to the rules of the Texas Commission on Environmental Quality (TCEQ) and Chapter 26 of the Texas Water Code for which the TCEQ is the permitting authority.

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(FF) Person - any natural person, trust, estate, partnership, limited partnership, association, company, corporation, political subdivision or other legal entity recognized by the Texas Secretary of State.

(GG) Phased Development Agreement – A Development Agreement that allows for the timely and orderly development process of a large-scale development in phases.

(HH) Political Subdivision - A county, municipality, school district, junior college district, housing authority, authority established by the Texas Legislature, municipal utility district, water control and improvement district, groundwater conservation district, emergency services district, other special district, or other political subdivision of the State of Texas.

(II) Preliminary Plan - A map of proposed Subdivision of land showing the general dimensions and boundaries of each Lot, the layout of the proposed streets, drainage improvements, utility infrastructure, if any, easements, and other information required by these Regulations.

(JJ) Priority Groundwater Management Area (PGMA) - A geographic area designated and delineated by the Texas Commission on Environmental Quality that is experiencing or is expected to experience, within the immediately following 25-year period, critical groundwater problems, as identified in Title 30, Texas Administrative Code, Chapter 294.

(KK) Private Well - Shall have the meaning ascribed in the On-Site Sewage Facilities Rules provided in Appendix A, as amended.

(LL) Public Water Well - Shall have the meaning ascribed to “Public Well” in the On-Site Sewage Facilities Rules provided in Appendix A, as amended.

(MM) Rainwater Harvesting System - Shall have the meaning ascribed in the On-Site Sewage Facilities Rules provided in Appendix A, as amended.

(NN) Record Documents – Documents included and associated with an Application or Development Authorization, including but not limited to:

(1) Information included with the Application;

(2) Deeds, including restrictive covenants;

(3) Plats;

(4) Easements, including Conservation Easements;

(5) Development Agreements, including Conservation Development Agreements; and,

(6) Any other document required under these Regulations.

(OO) Regulated Roadways – Those roadways, including the associated right-of-way and features constructed in the right-of-way, located within the County but outside the incorporated limits of any municipality in the County, associated with an Application for a Development Authorization under these Regulations, including the following:

(1) Existing dedicated public roadways that are improved or on which construction or tie-ins are made in association with the proposed development for which an Application is submitted under these regulations;

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(2) New roadways dedicated to the public through any action of the County;

(3) New roadways dedicated to the public to be maintained by the County including roadways constructed as a part of a subdivision, Manufactured Home Rental Community or other type of Development Authorization approved under these Regulations; and,

(4) Existing private roadways not dedicated to the public and not maintained by the County, but used for emergency services access and general egress/ingress by the public as a part of any Development Authorization issued under these Regulations.

(PP) Regulations - The Hays County Development Regulations, inclusive of Chapters 701 through 799.

(QQ) Reviewing Authority – An authorized municipality, Hays County, or a joint office established by one or more authorized municipalities and Hays County for the purpose of conducting reviews and issuing approvals for development activities.

(RR) Shared Access Driveway – point of access for new subdivision resulting in no more than 5 lots, typically an easement, not dedicated to the public and not maintained by the County, but used for emergency services access and general egress/ingress by the public as a part of any Development Authorization issued under these Regulations.

(SS) Single Family Residence - Any habitable structure constructed on, or brought to, its site and occupied by members of a family, including but not limited to manufactured homes situated on leased space.

(TT) Subdivision - The division of a tract of land situated within Hays County and outside the corporate limits of any municipality into two or more lots to lay out or identify: (i) a subdivision of the tract, including an addition; (ii) lots; (iii) roadways, 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 roadways, alleys, squares, parks, or other parts; or (iv) division of the property for the purposes of establishing a security interest or a financial severance. It is the intent of the Commissioners Court of Hays County that the term "subdivision" be interpreted to include all divisions of the land to the fullest extent permitted under the laws of the State of Texas.

(1) A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance, in a contract for deed or other executory contract to convey, in a lease (other than agricultural and hunting leases), or by using any other method of a conveyance of an interest in land.

(2) A division of land shall be considered as relating to the laying out of streets, whether public or private, if:

The division occurs prior to the later to occur of: two (2) years from the date of the completion of construction of any roadway onto which the Lot has frontage or, in the case of public roadways, the expiration of the performance or maintenance bond for any such roadway;

The division of land creates one or more Lots without practical, physical vehicular access onto a Regulated Roadway or with less than fifty feet (50') of direct frontage onto a Regulated Roadway or calls for driveways onto Regulated Roadways that are spaced fewer than fifty feet (50') apart;

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The division of land will affect drainage on, in or adjacent to a public roadway or any county drainage ditch, swale, culvert or other drainage facility; or

Other circumstances exist which, in the determination of the Department, cause such division of land to be related to the laying out of roadways or related to drainage for any roadway to which any Lot has access.

(UU) Subject Property – the property or tract for which an Application has been submitted under these Regulations.

(VV) Surface Water - Water from streams, rivers or lakes or other bodies of water above the surface of the ground.

(WW) TCEQ Regulated Development - Any development or construction activity that would constitute a Regulated Activity under the Texas Commission on Environmental Quality Edwards Aquifer Rules (see 30 TAC §213.3), but without regard to the aquifer over which the activity is conducted. If a Lot larger than five acres is restricted by plat note prohibiting (i) further resubdivision of the Lot into lots five acres in size or smaller and

(ii) any Development other than the construction of a single-family residence or duplex and associated customary out buildings, such as a barn or garage apartment, then such Development on the Lot shall be considered excluded from the term "TCEQ Regulated Development" for purposes of these Regulations.

(XX) Wetland(s) - an area (including a swamp, marsh, bog, prairie pothole, or similar area) having a predominance of hydric soils that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support it and that under normal circumstances supports the growth and regeneration of hydrophytic vegetation. The intent of this definition is to conform to the corresponding definition included in the Texas Water Code, Chapter 11, Subchapter J, as subsequently amended.

(YY) Working Day – Any recognized working day that the County offices are routinely open for business, specifically excluding weekends and holidays recognized by the County.

Sub-Chapter 4 - Delegation of Authority, Appeals and Public Records §4.01. Responsible Departments The Commissioners Court designates the Hays County Development Services Department (Department), and specifically the Director of the Department, as agent for receiving and reviewing Applications submitted under these regulations and as custodian of records for all information received, acquired or developed during the exercise of these duties. The Department may coordinate with any other County department, agency or personnel in the performance of the duties required and allowed under these regulations.

§4.02. Delegation of Authority The Department and Director are delegated the authority by the Commissioners Court to conduct the activities required on behalf of the County under these regulations. All officials and employees of Hays County, Texas, having duties under these Regulations are authorized to perform such duties as are required of them under said Regulations. The Commissioners Court reserves the final authority for approval or denial of any Application submitted under these regulations.

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§4.03. Appeals Persons aggrieved by an action or decision of a designated representative of the Commissioners Court may appeal any such action or decision to the Commissioners Court of Hays County, Texas. Any such appeal shall be filed with the County Clerk and with the office of the County Judge within ten days from the date the aggrieved person receives notice of such action or decision.

§4.04. Public Records The information received, acquired or developed by the Department during the exercise of these duties is hereby designated to be of public record subject to the terms of the Texas Public Information Act (TPIA). The Department shall maintain and make available to the public all information received, acquired or developed by the Department in accordance with the TPIA, including charging any authorized fees. The Department shall maintain and make available to the public at no charge copies of these Regulations, and any and all application forms, policy documents, guidance documents, technical appendices or any other such documents that are developed by the County to implement this program, as outlined in Chapter 799. In addition to maintaining physical copies of these documents available at the Department headquarters, the Department may also make these documents available to the public using whatever means it may deem appropriate and as required by federal, state or local law, including posting on any electronic medium maintained or used by the County. The Department may also make available to the public at no charge by posting on electronic medium additional documents it receives for which it determines there is significant public interest.

Sub-Chapter 5 - Outstanding Tax Liabilities §5.01. Property Requirements Subject Properties for which an Application is submitted under these regulations shall not be delinquent on tax liabilities with the County. This requirement is independent of whether the Subject Property included in the Application is owned by the Applicant or Permittee.

§5.02. Documentation of Tax Status Applications submitted under these Regulations shall provide any applicable identification numbers from the Hays Central Appraisal District (HCAD) or other duly appointed tax assessing entity for the Subject Property. The Department and/or its designated representatives may independently investigate the status of payment of County taxes for the Subject Property. The Department may require the Applicant to submit tax certificates for the Subject Property.

§5.03. Suspension of Processing The County may suspend processing of any Application submitted under these regulations if the County becomes aware that taxes on the Subject Property are delinquent.

§5.04. Payment of Delinquent Taxes Prior to Issuance Payment of any delinquent taxes (including penalties, interest, late fees, etc) on behalf of the Subject Property shall be required prior to the issuance of any Development Authorization under these Regulations. As approved or delegated by the Commissioners Court, the County may settle or adjust the required payments to satisfy this requirement.

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§5.05. Disputed Tax Situations In situations where the amount of tax owed to the County is in dispute, payment of all non-disputed amounts will be required. If the dispute is resolved while the Application is under consideration, payment of the final resolution amount shall be made prior to the County issuing the Development Authorization. Any payments made to the County in excess of the final resolution amount may be credited towards other amounts due the County (e.g. review and inspection fees, payments-in-lieu, etc) or they may be refunded, at the option of the person making the excess payment.

Sub-Chapter 6 - Fees §6.01. Establishment and Assessment of Fees The Commissioners Court shall establish fees for Applications, permits, inspections, reviews or other activities as required or allowed under these regulations. These fees may be amended from time to time by the Commissioners Court without amending or affecting the remainder of these Regulations. The Department shall maintain and make available to the public a list of all fees established under these Regulations. Any dispute between the Applicant and the Department regarding the basis or amount of applicable fees may be appealed by either party to the Commissioners Court.

§6.02. Payment of Fees

(A) For fee amounts estimated to exceed $100, the Applicant may elect to pay review fees to the County separately as an administrative review fee and a technical review fee. If the Applicant makes this election, the Applicant shall submit payment of the administrative review fee and shall provide an estimate of the technical review fees and any other subsequent fees. The Department shall include with their administrative completeness determination a confirmation or adjustment of the technical review fees and other fees.

The amount determined by the Department shall serve as the basis for payment of the subsequent fees.

(B) All fees for Applications, permits, inspections or other fees required or allowed under these Regulations shall be made payable to the Hays County Treasurer. The fees shall be determined in U.S. dollars in accordance with the most recent fee schedule approved by the Commissioners Court. Payment may be made using any payment method established by the Commissioners Court for transacting County business.

§6.03. Waiver or Deferral of Fees The Commissioners Court may agree to waive or defer any or all fees assessed in conjunction with these Regulations to the extent that the Commissioners Court determines that such waiver or deferral is in the public interest. The Department is authorized to waive fees assessed to Political Subdivisions (as defined in this Chapter) under these Regulations to the extent that those Political Subdivisions have or will waive similar or corresponding fees assessed to the County for similar types of approvals.

§6.04. Additional Fees for Items Returned Unpaid The Commissioners Court may establish additional fees to be assessed in the event that any form of payment made to the County under these Regulations is returned unpaid.

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§6.05. Refunds of Fees Unless specifically noted herein, all fees paid to the County are non-refundable. The Department may refund fees under the following circumstances:

(A) Fees collected for reviews and/or inspections that are not actually conducted;

(B) Fees collected that exceed the fee offset by authorized economic incentives; or,

(C) Permit fees for any portion of a permit term where the Permittee voluntarily surrenders or revokes the permit.

Sub-Chapter 7 - General Application and Approval Procedures §7.01. Application Forms The Department shall develop and make available to the public forms for submitting Applications for the various types of approvals required under these regulations. These Application forms shall provide for the following information:

(A) the legal name of the Applicant;

(B) the name or title by which the Applicant will describe the application (for Subdivision Applications only);

(C) the name, address and contact information for the Applicant’s designated contact person and any person submitting Application materials on behalf of the Applicant;

(D) the legal name, address and contact information for the Owner(s) of the Subject Property, if different from the Applicant;

(E) The legal name of the Permittee, if the Development Authorization is to be issued to a person that is not the Applicant;

(F) the HCAD Property Identification number(s) for the Subject Property;

(G) the type of application being submitted;

(H) the identification of any supplemental information submitted;

(I) the County Precinct(s) in which the Subject Property is located;

(J) general location information for the Subject Property, including any or all of the following;

(1) The “911” Street Address;

(2) Geographic Coordinates (for Subdivision Applications only);

(3) Current Legal Description;

(4) The Primary and Secondary Access/Frontage Roadways (for Subdivision Applications only);

(K) certifications by the Applicant, the property Owner and the Permittee required under these regulations;

(L) the signature of the Applicant;

(M) documentation for tracking the Application through the County’s review process;

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(N) the number of copies of the Application and supplemental information to be submitted;

and,

(O) Any other information requested by the Department to fully evaluate the proposed development project.

The Applicant is responsible for ensuring that all applicable information regarding the Application is provided on the Application Form. Supplemental information may be attached to the Application Form but should be noted in the designated section of the Application Form.

§7.02. Representations and Certifications By submitting an Application under these regulations, the Applicant, Permittee and/or the owner(s) of the Subject Property shall represent and certify:

(A) there is no delinquent tax liability to the County on the Subject Property;

(B) the owner(s) of the Subject Property has authorized the submittal of the Application;

(C) the County is authorized to review and act upon the application.

§7.03. Supplemental Information Where required by individual Chapters, the Applicant shall submit the specified number of copies of supplemental material. Supplemental information shall conform to the following format:

(A) Where possible, supplemental information should be submitted in black and white format. The submittal of color information should be coordinated in advance with the Department.

(B) Supplemental information consisting primarily of text shall be submitted on 8-1/2” x 11” standard paper.

(C) Drawings or graphic information should be submitted using one of several commercially available sizes of standard paper:

(1) 8-1/2” x 11” standard paper (Size A)

(2) 11” x 17” standard paper (Size B)

(D) With prior coordination, Applicants may submit over-sized drawings or graphic information on any standard commercially available media, including:

(1) 17” x 22” or 18” x 24” (Sizes C or C1)

(2) 22” x 34” or 24” x 36” (Sizes D or D1)

(3) 34” x 44” or 36” x 48” (Sizes E or E1)

(E) Where required by these Regulations, certain digital data must be submitted in addition to the hard copies, including digital versions of certain drawings and graphics and geographic coordinates. The Department shall develop, update and make available to the public the digital file and geographic format requirements and transmittal or delivery procedures and formats. These shall be published as the Hays County Digital Data Submittal Standards.

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(F) Where required by these Regulations or other applicable law, professional engineering, architecture, professional geoscience, professional sanitarian and professional surveying submittals shall be appropriately signed and sealed by an individual currently licensed to practice in Texas in accordance with the Texas Engineering Practice Act (Chapter 1001 of the Texas Occupations Code[TOC]), the Texas Architectural Practice Act (Chapter 1051 of the TOC), the Texas Geoscience Practice Act (Chapter 1002 of the TOC), the Texas Sanitarian Practice Act (Chapter 1953 of the TOC) and/or the Texas Professional Land Surveying Practices Act (Chapter 1071 of the TOC).

§7.04. Application Fees Each Application submitted under these regulations shall be accompanied by the payment of all applicable fees identified under these regulations. The Application fees shall be non-refundable and in the amounts set forth in these Regulations.

§7.05. Supplemental Requirements Based on Type of Applicant or Permittee Applicants or Permittees who are not individuals (“natural persons” as defined in the Texas Business Organizations Code §1.002) must submit additional documentation in accordance with the following requirements:

(A) Applicants that are entities that are not natural persons shall file with the County:

(1) A certified copy of a resolution or other documentation approved by the entity’s governing body authorizing the entity to file documents pursuant to these Regulations and designating the natural person(s) authorized to execute documents on behalf of the entity;

(2) Additional documentation as may be required by the County documenting the existence of the entity and the authority of those natural persons acting on behalf of the entity.

(3) For applications other than for the subdivision of property, a letter on company letterhead, signed by an authorized official of such company, authorizing the Application to file an Application on behalf of the company.

(B) Applicants that are business entities that are not natural persons shall…