Model Subdivision Rules

Model Subdivision RulesTraining CourseWELCOME!

Model Subdivision RulesTraining CourseNo Texas families should have to live in residentialsubdivisions without adequate drinking water &wastewater services

Model Subdivision RulesTraining CourseThe Texas Water Development Board (TWDB)has developed the Model Subdivision Rules to:Safeguard residents byensuring safe, sanitarywater & sewer services

Model Subdivision RulesTraining CourseCreates new opportunities to receivefinancial assistance for water &wastewater infrastructure to areasin need

Model Subdivision RulesTraining CourseDuring training, you will learn MSR: Goals Importance Benefits to your community Responsibility to implement them Authority & obligationto enforce them

Model Subdivision RulesTraining CourseResources on the TWDB’s MSR website& this training can:Assist with applying forfinancial assistance fromTWDB to address inadequacieswith water & wastewater ineconomically distressed areas

Model Subdivision RulesTraining CourseAll applicable information is availableon the TWDB MSR website: Laws Rules Samples Forms Applications for financialassistance from TWDBwww.twdb.state.tx.us/assistance/msr/index.htm

Model Subdivision RulesTraining CoursePart 1History of Model Subdivision RulesPart 2How MSRs Apply to ResidentialSubdivision DevelopersPart 3Adopting & ImplementingModel Subdivision Rules

Part IHistory ofModel Subdivision Rules

MSR HistoryMSRs were enacted in 1989 to:Empower counties to prevent colonia proliferationalong the Texas-Mexico border

MSR HistoryThese economically distressedareas are often: Located outside the boundaries ofmunicipal government authorityLack clean drinking waterLack adequate sewer servicesLack decent roads orOther essential utility services

MSR HistoryIn 2005 the law changed to authorizeany county or a city within a county eligible forEconomically Distressed Areas Program (EDAP)assistance to adopt & enforce MSRs.

MSR GoalsMSRs have three distinct goals:1.2.3.Empower cities & counties to prevent the growthof residential developments lacking water &wastewater infrastructuresPrevent residential lots from being sold ifutilities are not in placeAssist economically distressed areas to obtainor improve water & wastewater services

MSR Adoption & Compliance Benefits Enables any city or county to apply for grants &loans from TWDB’s Economically Distressed AreasProgram (EDAP) Encourages cost-effective water &wastewater systems Maximizes long-term economicdevelopment of eligible areas

MSR Adoption & Compliance BenefitsEDAP projects include: Wastewater treatment plantsWater towersWater storage tanksSewersPipelinesFire hydrants &Numerous other waterdelivery systems

MSR Adoption & Compliance BenefitsAvailable funds for political subdivisions of thestate include: Cities Counties Municipal utility districts Water supply corporations& others

MSR Adoption & Compliance Benefits MSRs give you greater responsibility Provide greater authority to overseeresidential subdivision development

MSR Adoption & Compliance BenefitsAs of February 2009 More than 40 countieshave adopted MSRs58 cities within thosecounties have alsoadopted MSRs

Impact of EDAPSince the creation of EDAP & other financial assistanceprograms targeted at economically distressed areas, theTWDB has committed: More than 25.4 million in planning & design funds More than 578.7 million has been investedin construction projects to upgrade water& sewer services More funds are available foreconomically distressed communitiesthat implement & enforce MSRs

Part IIHow MSRs Applyto Developers

How MSRs Apply to DevelopersResidential subdivision developers must: Follow guidelines when platting subdivisionsof two or more lots of 5 acres or less Provide adequate water & wastewater services Document in the subdivision plat how serviceswill be constructed or installed

How MSRs Apply to DevelopersDevelopers must submit to city & county:A description of the water & sewer facilitiesto be installed2. A statement declaring when these facilitieswill be operable3. Certification from a licensed, professionalengineer stating that facilities are MSR compliant1.

“Build It or Bond It”This provision requires developers to either: Construct or install operable water& sewer facilities at the timethe FINAL plat is approvedor Provide the county with a bondor letter of credit in a sufficientamount to cover costs forconstruction of the facilities

“Build It or Bond It”State laws prohibit developers incounties/cities that adopt MSRs from:Selling or conveying subdivided land for residentialpurposes until the Plat has been approved by the city or county&The final plat has been properly recorded by thecounty clerkState law provides limited exceptions for cases in which residentialsubdivision plats are not required

Specific State LawsFor help involving the platting process required byMSRs & other related information such as: Frequently Asked Questions Statutes Regulations Sample FormsPlease visit the TWDB MSR website

Part IIIAdopting & ImplementingModel Subdivision Rules

How MSRs Apply to Local GovernmentsThe state’s goal in creating MSRs is to: Protect the health &well being of its residents Improve the water& sewer services inresidential communities

How MSRs Apply to Local GovernmentsTo meet these goals, the state works with city &county governments by: Defining a set of rules for local governmentsto follow when approving the creationof residential subdivisions Granting these governments theresponsibility for: adopting,implementing & enforcingthese rules

How MSRs Apply to Local GovernmentsBefore signing off on final residential subdivisionplats: Local governments & staffmust ensure that developersare complying with MSRs Certify that engineershave met their plattingrequirements

How MSRs Apply to Local Governments Eligibility for state financial assistance can be denied orrevoked if the TWDB determines a countyor city is not complying with its adoptedMSRs through the platting process Complying with MSRsreap these benefits: Better residential subdivisions& communities Access to financialassistance for water &wastewater services

How MSRs Apply to Local GovernmentsMSRs ensure that residential subdivisiondevelopments with lots of five acres or less have:1.2.3.4.No more than one single-family detached dwelling on a lotAdequate drinking waterAdequate sewer servicesthrough septic tanks,public or private sewerservicesRoad or property setbacksthat enable these services& reduce fire risks

How MSRs Apply to Local Governments Commissioners courts cannot grant a developer anextension of time for operable water & wastewaterservices if a residence would be occupied withoutthese services Once plats are approved, they may be reviewedby the TWDB at any time If the Board determines apolitical subdivision is notenforcing MSRs, financialassistance may be deniedor discontinued

Process to Adopt MSRsThe city or county must:1.2.3.4.5.6.7.Provide notice of a public hearing & publish draft MSRsHold a public hearing on draft MSRsConsider public comments todraft MSRsProvide a notice of city or countyconsideration of draft MSRsSubmit the MSRs to the TWDBAdopt the MSRs in a public meetingEnforce the MSRs through theplatting process

Submitting Adopted Rules to TWDBThe city or county must provide:1.2.3.4.5.Public notice of public hearing on the draft rulesPublic notice of meeting where rules were adoptedCopies of the adopted regulations, ordinances & resolutionsA certified copy of the minutes of the meeting ofthe commissioners court or city council in which theMSRs were adoptedAn affidavit from the county judge ormayor certifying compliance withMSRs acknowledging that financialassistance from the Board isdependent on MSR compliance

How to Implement MSRsCity & County governments that haveadopted MSRs: Have oversight of residential subdivision developments Are responsible for ensuring that developers are complyingwith MSRs Must submit documented plats for residential subdivisions

How to Implement MSRsBefore approving a FINAL residential subdivisionplat, city & county governments should verifythe plat includes:1.2.3.4.Description of the method to provide adequatewater service & wastewater serviceCopy of the service contract between thedeveloper & utility providerCertification from a licensed professional engineerregarding the method for providing these servicesShow adequate property setbacks or roads to ensurethese services & reduce fire risks

How to Implement MSRsThere are three options for meeting the watersupply requirements for adequate drinking water:1.2.3.Connect to an existing public water systemCreate a new public water utility provider,complying with requirements of Texas Commissionon Environmental Quality (TCEQ)Install wells that meet public drinking water standardsALL OPTIONS MUST CERTIFY 30 YEARS OF SERVICE OR SUPPLYPlease refer to the TWDB MSR website for more details

How to Implement MSRsThere are 3 options to comply with MSRSewer Services:1. Connect to an existing wastewater utility2. Create a new central wastewater provider or3. Install On-Site Sewerage Facilities (OSSF)meeting state requirementsALL OPTIONS MUST CERTIFY 30 YEARS OF SERVICE OR CAPACITYPlease refer to the TWDB MSR website for more details

How to Implement MSRsThe TWDB can provide technical assistance fordeveloping local MSRs by providing the followingresources on the TWDB website: Flow Charts Timelines Checklists Sample forms Examples of MSRs adoptedby other communities

How to Implement MSRsIn an effort to eliminate substandard subdivisiondevelopments, the state is authorized to prosecuteviolators. If you have concerns or need assistance: The Office of the Attorney General has informationregarding the laws that apply - http://www.oag.state.tx.us The Texas Secretary of State maintains a networkof Ombudsmen who can provide assistanceregarding potential violators - http://www.sos.state.tx.us The TCEQ provides inspections to ensure compliancehttp://www.tceq.state.tx.us

This completes yourModel Subdivision RulesTraining Course!The TWDB appreciates your interest& commends you on acceptingthe responsibilities that willsafeguard & enhancethe health & welfare ofyour community.

ConclusionAs you work through the adoption &implementation process, please refer to the: Documents Rules Regulations Application forms Frequently Asked QuestionsLocated in the TWDB MSR websiteThis presentation can be downloaded to your computer or a CD ROM

ConclusionThose of you who may be required to completethis training can download the affidavit from thewebsite and have it notarized as required byTexas Water Development Board.

ConclusionThis training, along with the materials availableon the TWDB MSR website, are designed toprovide you & your staff with the tools you needto apply for financial assistance through theEconomically Distressed Area Program from theTexas Water Development Board.

ConclusionWe encourage you to take the survey located on theTWDB MSR website to provide us with your opinion onthis training course. All surveys are anonymous.

MSR History In 2005 the law changed to authorize any county or a city within a county eligible for Economically Distressed Areas Program (EDAP) assistance to adopt & enforce MSRs. MSR Goals. MSRs have three distinct goals: 1. Empower cities & counties to prevent the growth