SUBDIVISION AND MANUFACTURED HOME RENTAL

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

SUBDIVISION AND MANUFACTURED HOME

RENTAL COMMUNITY REGULATIONS

FOR ECTOR COUNTY, TEXAS

EFFECTIVE DATE: DECEMBER 28, 2022

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

TABLE OF CONTENTS

ARTICLE 1 -- ADMINISTRATIVE PROVISIONS ..................................................................1

§ 1.1 Enactment ................................................................................................................1

§ 1.2 Public Purpose .........................................................................................................1

§ 1.3 Notice and Conditions Precedent ............................................................................1

(A) Notice ..........................................................................................................1

(B) County Contact Address ..............................................................................2

§ 1.4 Effective Date ..........................................................................................................2

§ 1.5 Partial Invalidity.......................................................................................................2

§ 1.6 Adopted Authority ..................................................................................................2

§ 1.7 Headings ..................................................................................................................2

§ 1.8 ETJ Regulation ........................................................................................................3

§ 1.9 Appendix/SAATS Manual ......................................................................................3

ARTICLE 2 -- DEFINITIONS, INTERPRETATION, AND APPENDIX ..............................3

§ 2.1 Word Usage and Special Definitions .......................................................................3

(A) Common Usage ............................................................................................3

(B) County Regulations ......................................................................................3

§ 2.2 Interpretation and Appendix ..................................................................................10

(A) Tense, Gender, and Number ......................................................................10

(B) Incorporation by Reference........................................................................10

(D) Superseding Effect .....................................................................................10

ARTICLE 3 -- PLAT PROCEDURE .........................................................................................11

§ 3.1 Plat Required for Division of Land ........................................................................11

(A) Division Defined ........................................................................................11

(B) Scope of Division .......................................................................................11

§ 3.2 Minimum Plat Standards........................................................................................11

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

§ 3.3 Lawful Compliance ................................................................................................11

§ 3.4 Acknowledgment and Recordation ........................................................................11

§ 3.5 Plat Submission and Review ..................................................................................11

(A) Application .................................................................................................11

(B) Submission of Completed Application/Notice of

Incomplete Application .............................................................................12

(D) Submission and Review of Final Plat ........................................................13

(E) Approval of Final Plat ................................................................................13

(F) Bond or Other Financial Security Requirements .......................................13

§ 3.6 Fee Schedule ..........................................................................................................13

§ 3.7 Voluntary Preliminary Review Procedure .............................................................13

(A) Written Notice ............................................................................................13

(B) Document Submission ...............................................................................14

§ 3.8 Short Form Plat Procedure .....................................................................................14

(A) Prerequisites ...............................................................................................14

(B) Replats........................................................................................................15

(D) Short Form Plat Application ......................................................................15

(E) Short Form Plat ..........................................................................................15

(F) Review .......................................................................................................15

(G) Execution and Recordation ........................................................................15

§ 3.9 Final Plat Procedure ...............................................................................................15

(A) General Requirements ................................................................................16

(B) Property Description, Identifying Data, and Signatures ............................17

(D) Plat Production Requirements....................................................................19

(E) Water/Sewer/OSSF Disclosures ................................................................19

(F) Floodplain Disclosure ................................................................................21

(G) Drainage .....................................................................................................21

(H) Road/Driveway Design and Construction .................................................22

(I) Lot Frontage ...............................................................................................27

(J) Access by Emergency Vehicles .................................................................28

(K) Developer Participation Contracts .............................................................28

(L) Utility Connection Requirements ..............................................................28

(M) Use of Firearms, Bows, and Arrows ..........................................................28

(N) Future Transportation Corridors ................................................................29

(O) Regulatory Compliance .............................................................................30

iii

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(P) Purchase Contract Disclosure ....................................................................30

(Q) Lien Subordination Disclosure ..................................................................30

(R) Limitations Regarding County Construction/Maintenance Obligations ....30

(S) Plat Execution and Certification Matters ...................................................30

(T) Engineering and Construction Plans/Drawings .........................................32

ARTICLE 4 – EXCEPTIONS, VARIANCES, PLAT REVISION, AND DORMANT

PLATS ...........................................................................................................................................32

§ 4.1 Plat Exceptions and Related Matters .....................................................................32

(A) Statutory Exceptions ..................................................................................32

(B) Local Exceptions ........................................................................................32

(D) 911 Emergency Services Addressing.........................................................33

(E) Conveyance Without Plat Revision ...........................................................34

§ 4.2 Variances................................................................................................................34

(A) Application ................................................................................................34

(B) Procedure ..................................................................................................34

§ 4.3 Plat Revision, Vacation, Replat, Amendment, and Cancellation ..........................35

§ 4.4 Dormant Plat ..........................................................................................................35

ARTICLE 5 – MHRC REGULATIONS .................................................................................35

§ 5.1 Manufactured Home Rental Community Regulations ..........................................35

(A) Application .................................................................................................35

(B) Infrastructure Development Plan ..............................................................36

(D) Signature and Completeness ......................................................................37

(E) Submission and Fees ..................................................................................38

(F) Fee Schedule ..............................................................................................38

(G) County Review...........................................................................................38

(H) Construction and Occupancy .....................................................................38

(I) Utility Service ............................................................................................38

§ 5.2 MHRC Variance ....................................................................................................39

ARTICLE 6 – ENFORCEMENT AND INSPECTION ...........................................................39

§ 6.1 Enforcement ..........................................................................................................39

§ 6.2 Inspection ...............................................................................................................39

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

CERTIFICATE OF ADOPTION ...............................................................................................40

APPENDIX/SUBDIVISION APPLICATION, APPROVAL, AND TECHNICAL

SPECIFICATIONS (“SAATS”) MANUAL

Exhibit A: Subdivision Plat Application Form .................................... 1-5

Exhibit B: MHRC Application Form ................................................. 1-5

Exhibit C: Fee Schedule ...................................................................... 1-2

Exhibit D: Plat Certifications and Notes ............................................. 1-9

Exhibit E: Bond or Other Financial Security Requirements ............... 1-5

Exhibit F: Drainage Standards ............................................................ 1-2

Exhibit G: Road Standards .............................................................. 1-11

Exhibit H: Developer Road Damage and Repair Provisions ............... 1-3

Exhibit I: Utility Connection Requirements ...................................... 1-5

Exhibit J: Certificate of Compliance Forms for Approved

Subdivision and MHRC Developments ............................. 1-2

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

ARTICLE 1 -- ADMINISTRATIVE PROVISIONS

§ 1.1 Enactment. The Commissioners Court of Ector County, Texas hereby declares that these

Subdivision and Manufactured Home Rental Community Regulations for Ector

County, Texas (“Regulations”) are lawfully ordered, approved, adopted, enacted, and shall

be enforced pursuant to and in compliance with the express and implied authority contained

in the Texas Constitution, statutes, and other authority described in these Regulations.

§ 1.2 Public Purpose. These Regulations are ordered, approved, adopted, enacted, and shall

be enforced to accomplish the following worthwhile public purposes:

● These Regulations shall govern plats and subdivisions of land as well as

manufactured home rental communities (“MHRCs”) within the unincorporated

area of Ector County, Texas to promote the health, safety, morals and general

welfare of the county and the safe, orderly, and healthful development of the

unincorporated area of the county, and further, to prevent colonias or other

substandard development.

● These Regulations shall ensure that adequate plats, plans, design and planning

procedures, water, sewer, septic, and on-site sewer facilities (“OSSF”), and water

and wastewater utility and transportation infrastructure, are provided in the

unincorporated area of the county.

● These Regulations, among other things, are reasonably enacted to: (a) fulfill an

obligation mandated by federal or state law; (b) regulate development in an area

designated under law as a federal or state floodplain; (c) regulate sewer and OSSF

facilities; (d) prevent waste; (e) protect the rights of owners of interests in

groundwater; (f) prevent subsidence; (g) provide a response to a real and

substantial threat to public health and safety, said response being designed to

significantly advance said purpose and not to impose a greater burden than is

necessary to achieve said purpose; (h) regulate water safety; (i) prevent the

imminent destruction of property or injury to persons from flooding within a

floodplain established by a federal or state flood control program, and enacted to

prevent the flooding of buildings intended for public occupancy, as well as other

buildings and property; and (j) accomplish or substantially achieve any other

public purpose described by the Regulations.

● The order, adoption, approval, enactment, and enforcement of these Regulations

shall accomplish and substantially achieve all public purposes described in these

Regulations or required by law.

§ 1.3 Notice and Conditions Precedent.

(A) Notice. All notice requirements and conditions precedent for the lawful enactment,

order, adoption, approval, and enforcement of these Regulations have been

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

accomplished. Unless otherwise designated, any notice required or permitted under these

Regulations must be in writing and served upon the recipient/addressee by: (1) personal

or courier delivery; or (2) certified mail/return receipt requested through the United States

Postal Service with postage prepaid and the notice correctly addressed to the

recipient/addressee.

(B) County Contact Address. The current contact representative for the County regarding

these Regulations is the Director of Planning and Development for Ector County, Texas

at the following address: Director of Planning and Development, Ector County, Texas,

Ector County Annex Building, 1010 East 8

Street, Suite 114, Odessa, Texas, 79761

(telephone 432-498-4241). If this address changes in the future, the authorized address

for said party shall be his then current business office address.

§ 1.4 Effective Date. The effective date (“Effective Date”) of these Regulations is December

28, 2022.

§ 1.5 Partial Invalidity. Should any part of these Regulations, or the application or

enforcement thereof, be adjudged invalid by any court or regulatory agency, the

remainder of these Regulations shall remain operable, enforceable, and fully effective.

§ 1.6 Adopted Authority. The following legal authority, and the express and implied regulatory

powers therein granted to the County, are hereby approved and adopted by the County to

support the interpretation, application, use, and enforcement of these Regulations: TEX.

CONST. art. 5, § 18; 42 U.S.C. §§ 4001-4027; 44 CFR Chapter I, Subchapter B, Parts 59-

60; TEX. HEALTH & SAFETY CODE Chapters 341, 343, 364, and 366; TEX. LOC. GOV’T

CODE Chapter 232, Subchapters A, B, and E (including without limitation §§ 232.029 and

232.101-232.109 therein); TEX. LOC. GOV’T CODE Chapters 233 and 242; TEX. PROP. CODE

Chapters 12 and 13 (including without limitation § 12.002 therein); TEX. TRANSP. CODE

§§ 201.619, 251.003, and 251.008; TEX. WATER CODE Chapters 7 and 26; TEX. WATER

CODE Chapter 16, Subchapters I and J (including without limitation § 16.343 therein); TEX.

HEALTH & SAFETY CODE Chapters 341, 366; Title 16 of the Texas Administrative Code,

Chapter 76; Title 30 of the Texas Administrative Code, Chapters 30, 285, and 290

(including without limitation 30 TAC §§ 230.1-230.11); the County’s active flood damage

prevention orders or other floodplain management regulations; the County’s active sewer,

septic, or OSSF orders or regulations and all other authority described in these Regulations.

When a constitution, statute, administrative regulation, or local order, regulation, or rule is

cited or described in these Regulations, it shall be construed to include its active, most

recent version.

§ 1.7 Headings. The separate headings contained in the Regulations are for reference and

convenience only and shall not limit or otherwise affect in any way the meaning of the

Regulations.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

§ 1.8 ETJ Regulation. The authority of the County to regulate plats or subdivisions of land by

these Regulations in the extraterritorial jurisdiction (“ETJ”) of an incorporated

municipality located in Ector County, Texas is subject to the provisions of an active

interlocal governmental agreement made by and between the County and the municipality

pursuant to Chapter 242 of the Texas Local Government Code, Chapter 791 of the Texas

Government Code, or other authority.

§ 1.9 Appendix/SAATS Manual. References are made in these Regulations to the following

described and attached Appendix: the Subdivision/MHRC Application, Approval and

Technical Specifications (“SAATS”) Manual. All contents of the attached

Appendix/SAATS Manual are incorporated by reference for all purposes in these

Regulations.

ARTICLE 2 – DEFINITIONS, INTERPRETATION, AND APPENDIX

§ 2.1 Word Usage and Special Definitions.

(A) Common Usage. Unless specially defined in the Regulations, words used in the

Regulations shall be interpreted according to their common usage or meaning in order to

result in the most reasonable application.

(B) County Regulations. The definitions in the following County regulations, where applicable,

are incorporated by reference for use and application regarding these Regulations: (1) these

Regulations; (2) the County's Flood Damage Prevention Order, ordinance, or other floodplain

management regulations; and (3) the County's sewer, septic, or OSSF order, rules or

regulations. Should a conflict exist between a definition described in these Regulations and

an applicable definition described in the aforesaid County regulations, the more restrictive

definition or provision shall control for the purpose of these Regulations.

apply whether the term or phrase appears in capital letters or in bolded, italicized, or

underlined print:

(1) “Alley” shall mean a public or private right-of-way primarily designed to serve as

secondary access roadway to the side or rear of properties whose principal frontage

is on another street.

(2) “Business Day” shall mean a day other than a Saturday, Sunday, or holiday

recognized by the County. Unless described by these Regulations as a “Business

Day,” a day described by the Regulations shall mean a calendar day.

(3) “Colonias” shall mean substandard, generally (but not always) impoverished rural

subdivisions or other developments that lack basic utilities, drainage, and other

infrastructure;

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(4) “Commissioners Court” or “Court” shall mean means the Commissioners Court of

Ector County, Texas.

(5) “County” shall mean Ector County, Texas, including its elected officials, appointed

officials, employees, agents, and representatives.

(6) “County Attorney” shall mean the licensed attorney or law firm designated and/or

engaged by the County to furnish legal assistance for the implementation,

administration, and/or enforcement of these Regulations.

(7) “County Clerk” shall mean the County Clerk of Ector County, Texas. The current

business office of the County Clerk is located at the Ector County Courthouse, 300

North Grant Street, Room 111, Odessa, Texas 79761 (telephone 432-498-4130). If

this address changes in the future, the authorized address for said party shall be the

then current business office address of the County Clerk.

(8) “County Engineer” shall mean a registered professional engineer on the County

Staff, or a consulting firm of registered professional engineers designated and

engaged to represent the County.

(9) “County Judge” shall mean the County Judge of Ector County, Texas. The current

business office of the County Judge is located at the Ector County Courthouse, 300

North Grant Street, Room 227, Odessa, Texas 79761 (telephone 432-498-4100) . If

this address changes in the future, the authorized address shall be the then current

business office of the County Judge.

(10) “Developer” and “Subdivider” are synonymous and shall mean: (a) the fee simple

owner (or authorized agent, assignee, or successor thereof) of land which is the

subject of development; and (b) any owner of land (or authorized agent, assignee,

or agent thereof) proposing to divide or dividing land so as to constitute a

subdivision.

(11) “Development” shall mean any actual or proposed man-made change to improved

or unimproved real property, including but not limited to buildings or other

structures, mining, dredging, filling, grading, paving, excavation, drilling

operations, or the storage of equipment or materials.

(12) “Director of Planning and Development” shall mean the person designated by the

Commissioners Court as the Director of the Planning and Development for the

County, or the Court’s designee. The current business address of the Director of

Planning and Development is located at the Ector County Annex Building, 1010

East 8

Street, Suite 114, Odessa, Texas 79761 (telephone 432-498-4241). If this

address changes in the future, the authorized address for said Director shall be his

then current business office address.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(13) “Drinking Water” shall mean all water distributed by any agency or individual,

public or private, for the purpose of human consumption, use in the preparation of

foods or beverages, cleaning any utensil or article used in the course of preparation

or consumption of food or beverages for human beings, human bathing, or clothes

washing.

(14) “Ector County Utility District” and “ECUD” shall mean the Ector County Utility

District which provides water service to parts of Ector County, Texas, with its

current business office located at 1039 North Moss Avenue, Odessa, Texas 79763-

7327 (telephone 432-381-5525), and its current internet website address being

www.ecudwestodessatx.org.

(15) “Engineer” shall mean a person licensed and authorized to practice engineering in

the State of Texas under the Texas Engineering Practice Act or other authority.

(16) “ETJ” shall mean the extraterritorial jurisdiction of an incorporated municipality

pursuant to Texas law.

(17) “Facility” and “Infrastructure” are synonymous and shall mean the physical

improvements installed as part of a subdivision including adequate streets, utilities,

drainage, sidewalks, pedestrian-ways and means of vehicular and pedestrian

ingress/egress.

(18) “Floodplain” shall mean: (a) any area in the 100-year floodplain or area of special

flood hazard that is susceptible of being inundated by water from any source, as

identified by the flood maps issued by the Federal Emergency Management Agency

(“FEMA”) for the County under the National Flood Insurance Act and NFIP; or (b)

if said floodplain has not been identified by FEMA through its issuance of said

maps, any area subject to a 1% or greater chance of flooding in any given year.

(19) “Foundation” shall mean the lowest division of a residence, building or other

structure, usually consisting of a masonry slab or a pier and beam structure, which

is partly or wholly below the surface of the ground and on which the structure rests.

(20) “LOC” shall mean an irrevocable letter of credit.

(21) “Manufactured Home” shall mean: (a) a manufactured home or mobile home as

defined by § 1201.003, Texas Occupations Code; (b) any other type of mobile

home; and (c) any trailer, vehicle, camper, or recreational vehicle designed for use

as a dwelling or for the overnight accommodation or lodging of a person.

(22) “Manufactured Home Rental Community” or “MHRC” means 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,

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

for the installation of manufactured homes for use and occupancy as a residence, as

defined by § 232.007 of the Texas Local Government Code.

(23) “Minimum State Standards” shall mean the minimum standards of the State of

Texas required for: (a) adequate drinking water pursuant to § 16.343(b)(1) of the

Texas Water Code or other state authority; (b) adequate sewer and septic/OSSF

facilities under § 16.343 of the Texas Water Code, Chapter 366 of the Texas Health

and Safety Code, or other state authority; or (c) the treatment, disposal, and

management of solid waste and litter under Chapters 361 through 365 of the Texas

Health and Safety Code or other state authority.

(24) “More Restrictive” as applied to a conflict analysis between a provision or

definition in these Regulations -- as compared to a definition or provision in a

statute, administrative regulation, or local order, regulation, or rule -- shall mean the

provision or definition which provides the most protection to: (a) eliminate or

reduce the risk for flood, drainage, pollution, subsidence, or other public health and safety

losses; (b) protect groundwater and surface water resources; and (c) promote the

health, safety, and general welfare of the people and their property.

(25) “NFIP” shall mean the National Flood Insurance Program pursuant to federal law,

including: (a) the National Flood Insurance Act pursuant to Sections 4001-4027,

Title 42 of the United States Code; and (b) 44 CFR Ch. I, Subch. B, Parts 59, 60.

(26) “OSSF” shall mean an on-site sewage treatment facility (including a septic system),

as defined in rules and/or regulations adopted by TCEQ, including but not limited

to 30 TAC Chapter 285.

(27) “Owner” shall mean any person, group of persons, firm or firms, corporation or

corporations, or any other legal entity having legal title to or sufficient proprietary

interest in the land sought to be subdivided under these Regulations, or their

authorized agent.

(28) “Parcel” shall mean a separately owned tract of land that is un-platted property with

an acreage status.

(29) “Plat” shall mean a: (a) plat required or authorized by these Regulations; (b) map

or drawing and any accompanying material of a proposed subdivision prepared in

a manner suitable for recording in the County records and prepared as described in

the Regulations. Please note the following plat types required or authorized by

these Regulations:

● “Plat, Amending” shall mean a plat with minor changes to a recorded

subdivision as described in § 4.3.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

● “Plat, Final” shall means the authentic map or official plan of record of a

subdivision or other development of land prepared from actual field

measurement and staking of all identifiable points by a Registered

Professional Land Surveyor with the subdivision location properly

referenced to a survey corner or specific landmark reference and otherwise

described by these Regulations. The Final Plat is approved in accordance

with these Regulations, meeting the definition of a “Plat” and is the

document recorded by the County Clerk that creates the actual legal

descriptions.

● “Plat, Preliminary” shall mean the preliminary drawing that illustrates and

thereby assures the general layout of a proposed subdivision, the adequacy

of public improvements and facilities needed to serve the proposed

subdivision, and the overall compliance of the applicable requirements of

these Regulations and all other applicable County policies and

requirements. If submitted, it is reviewed for approval by the

Commissioners Court or Designee prior to approval of a Final Plat.

● “Plat, Replat” when required by and in accordance with Chapter 232 of the

Texas Local Government Code (see § 4.3 of these Regulations) shall mean

a change in a recorded subdivision plat if such change affects any street

layout on such map or area reserved thereon for public use, or any lot line;

or if it affects any plat legally recorded prior to the adoption of any

regulations to control subdivisions. A Short Form Plat or Amending Plat

may be utilized in lieu of a Replat where authorized by these Regulations.

● “Plat, Short Form” shall means a plat or replat involving four or fewer lots

fronting on an existing street and not requiring the creation of any new street

or the extension of public facilities in accordance with § 3.8 of these

Regulations.

(30) “Plat Application” shall mean either the County’s (a) Subdivision Plat Application

form described in the Regulations (see Appendix/SAATS Manual/Exhibit A), or

(b) Short Form Plat Application form (see Appendix/SAATS Manual/ Exhibit

A).

(31) “Platted” shall mean a plat recorded in an official plat record on file with the office

of the County Clerk.

(32) “Purchaser” shall include purchasers under executory contracts for conveyance of

real property.

(33) “Regulations” shall mean this instrument and its attached Appendix.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(34) “Sewer,” “Sewer Services,” “Sewerage Facilities,” and “Sewer Facilities” shall

mean: (a) treatment works as defined by § 17.001 of the Texas Water Code, or

individual, on-site (or OSSF), or cluster treatment systems such as septic tanks, and

includes drainage facilities and other improvements for proper functioning of septic

tank systems; and (b) the devices and systems which transport domestic wastewater

from residential property, treat the wastewater, and dispose of the treated water in

accordance with the minimum state standards contained or referenced in these

Regulations. “Sewer” and “Wastewater” are synonymous.

(35) “State” shall mean the State of Texas and its administrative agencies.

(36) “Street” or “Road” shall mean a roadway (public or private) intended to provide

direct ingress & egress access to individual properties and/or a right-of-way for

wastewater, water, storm drainage systems, and electric, telephone, gas, and cable

tv utilities. Please note the following regarding streets and roads described by these

Regulations:

● “Thoroughfare Plan” shall mean a plan adopted by the Commissioners

Court or governing body of a municipality which identifies the general

routing and classification of proposed streets and thoroughfares. The plan

may also establish the function and capacity of the various thoroughfares

as they relate to the land uses they are proposed to serve. This term also

refers to any such plan adopted prior to or after the Effective Date of these

Regulations.

● “Arterial Road” shall mean the following road types:

● A “Major Arterial Road” or “Principal Arterial Road” is a highway

intended to move large volumes of traffic around and across a

given land area without direct access to adjacent land providing

vehicular movement from one neighborhood to another or to

distant points within the area, and including highways leading to

other communities. This road type provides for cross-town

movement and continuity and is designed to carry higher volumes

of traffic between major activity centers such as commercial and

employment centers, and neighborhoods. Due to the high traffic

volume, direct access is controlled for this road type. It is a road

with high density volumes of traffic across lengthy distances

within a roadway network, such as an interstate or freeway. This

road type is intended to have little to no trip interruptions due to

intersections or direct access to abutting properties. Major arterial

roads serve as a principal connecting streets with State or Federal

highways, farm to market roads, or major thoroughfares shown or

projected on current transportation plans of the Texas Department

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

of Transportation, the Permian Basin Metropolitan Planning

Organization, and cities of Odessa and Midland.

● A “Minor Arterial Road” is a road that serves as a connection

between collector roadways and conveys similar traffic volumes

as Principal Arterial Roads, but for shorter distances. Because

providing direct access to adjacent property is not the primary

function of an arterial roadway, access points along this roadway

type should be limited as much as possible.

● “Collector Road” shall mean a road that provides the connection between

Arterial Road and local streets and is intended to balance the functions of

traffic movement and property access. Compared to an Arterial Road, the

Collector Road accommodates lower traffic volumes for shorter distances.

There are two types of collectors as described below:

● a “Major Collector Road” accommodates higher traffic volumes for

longer distances than minor collectors; and

● a “Minor Collector Road” typically is utilized to serve a lower

density of development and has a shorter street length than Major

Collector Roads.

● “Local Road” shall mean a road which provides direct access to adjacent

land. A Local Road also provides short distance trips to access Collector

Roads and Arterial Roads.

● “Residential Road” shall mean a local street predominantly located in a

residential subdivision and providing access to privately owned residential

lots and uses.

(37) “Subdivision” shall mean a division of land described in § 3.1 of these Regulations.

A subdivision includes a re-subdivision (or replat) of land which was previously

divided.

(38) “Surveyor” shall mean a Texas Registered Professional Land Surveyor pursuant to

Texas law.

(39) “TAC” shall mean the Texas Administrative Code, as compiled by the Texas

Secretary of State.

(40) “TCEQ” or “the Commission” shall mean the Texas Commission on

Environmental Quality.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(41) “Texas Open Meetings Act” shall mean Chapter 551 of the Texas Government

Code.

(42) “Tract” or “Land” shall mean real property located in Ector County, Texas.

(43) “TWDB” shall mean the Texas Water Development Board.

(44) “Utility” shall mean a person, entity, or political subdivision providing the services

of an electric utility under § 31.002 or Chapter 181 of the Texas Utilities Code, a

gas utility or corporation pursuant to § 101.003 or Chapter 181 of the Texas Utilities

Code, a water and sewer utility pursuant to § 13.002 of the Texas Water Code, or

any other utility defined by Texas law.

(45) “Water District” shall mean a duly organized and operating special district with

jurisdictional authority granted by the law of the State of Texas regarding certain

land located in Ector County, Texas, said district being authorized to develop,

promote, and implement water conservation and water management strategies in

order to conserve, preserve, and protect the groundwater supplies of the territorial

land area of the respective district, and authorized to protect and enhance recharge,

prevent waste and pollution, and effect the efficient use of groundwater in the

territorial land area of the respective district.

§ 2.2 Interpretation and Appendix.

(A) Tense, Gender, and Number. Unless otherwise designated, the past, present, or future tense

shall each include the other, the masculine, feminine, or neuter gender shall each include

the other, and the singular and plural number shall each include the other where necessary

for a correct meaning.

(B) Incorporation by Reference. The following matters are approved and incorporated by

reference in the Regulations: (1) the statements made in the preliminary recitals; (2) all

documents attached as the Appendix/SAATS Manual; and (3) where applicable for the

use, operation, and enforcement of these Regulations, all provisions of the County’s active

floodplain management, sewer, septic/OSSF, or other development regulations. Should a

conflict exist between a provision described in these Regulations and an applicable

provision described in the County’s aforesaid development regulations, the more restrictive

provision shall control for the purpose of these Regulations.

and liberally construed in favor of the County.

(D) Superseding Effect. These Regulations shall supersede, repeal, and replace any

subdivision and/or MHRC regulations enacted by the County before the Effective Date.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

ARTICLE 3 -- PLAT PROCEDURE

§ 3.1 Plat Required for Division of Land.

(A) Division Defined. Pursuant to § 232.001 of the Texas Local Government Code, the owner

of a tract of land in Ector County, Texas located outside the limits of a municipality must

have a plat of the subdivision prepared, and thereafter approved by the Commissioners

Court, if the owner divides the tract into two or more parts to lay out: (1) a subdivision of

the tract, including an addition; (2) lots; or (3) 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.

(B) Scope of Division. A division of a tract of land as described in this section is a subdivision

for purposes of the Regulations, and includes any such division regardless of whether it is

made: (1) by using a metes and bounds description in a deed of conveyance or in a contract

for a deed, by using a contract of sale or other executory contract to convey, or by using

any other method; or (2) for the purpose of residential, business, commercial, industrial, or

other development.

§ 3.2 Minimum Plat Standards. In order to obtain Commissioners Court approval, and for

recordation in the Official Public Records (Real Property and/or Plat Records) of the

County Clerk, the plat must comply with the minimum standards described in these

Regulations.

§ 3.3 Lawful Compliance. The plat and all other documents submitted to the County to support

a request for plat approval must be truthful, accurate, correct, and prepared in compliance

with the requirements (including methodology) prescribed by law and these Regulations,

including the applicable statutes and regulations of the State of Texas and federal

government (and the administrative agencies thereof), and the County’s active flood

damage prevention order or other floodplain management regulations, sewer, septic, OSSF

or other wastewater regulations, or other land development regulations.

§ 3.4 Acknowledgment and Recordation. Before lots are sold, the approved plat must be: (1)

acknowledged by the Developer as required for the acknowledgment of deeds; and (2) filed

and recorded in the Official Public Records (real property and/or plat records) of the

County Clerk within 10-days from plat approval, and in compliance with § 12.002 of the

Texas Property Code.

§ 3.5 Plat Submission and Review.

(A) Application. The County’s Subdivision Plat Application Form is described in

Appendix/SAATS Manual/Exhibit A. It shall be provided at no cost to the public at the

office of the County’s Director of Planning and Development at the notice address

described in § 1.3 of the Regulations. The Plat Application Form describes all required

documentation for submission by the Developer to the County of a completed Plat

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

Application. A completed Plat Application shall constitute and contain: (1) the fully

completed and executed application; (2) the proposed plat and all supporting documents,

as herein described; and (3) written evidence (in the form of a tax certificate or other tax

entity issued document) showing that an ad valorem tax liability does not exist on the land

made the subject of the subdivision development project.

(B) Submission of Completed Application/Notice of Incomplete Application.

(1) A completed Plat Application shall be submitted by the Developer to the County’s

Director of Planning and Development at the notice address described in § 1.3.

(2) County acceptance of a submitted Plat Application shall not constitute plat approval

by the County.

(3) Pursuant to § 232.0025(b) of the Texas Local Government Code, if a Developer

submits a Plat Application to the County that does not include all of the

documentation or other information required by law and these Regulations, the

County shall, not later than the 10th business day after the date the County receives

the application, notify the applicant of the missing documents or other information.

The County shall allow an applicant to timely submit the missing documents or

other information.

application, proposed plat, and supporting documents for completeness, sufficiency, and

compliance with the Regulations. The County shall act on the completed application and

proposed plat pursuant to the review, approval, approval with conditions, and disapproval

procedures and requirements of §§ 232.002 and 232.0025-.0028 of the Texas Local

Government Code. Pursuant to said authority, the Commissioners Court:

(1) must approve a submitted plat by a recorded vote at a public meeting, by an order

entered into the official Court minutes, should the plat be: (a) the result of a

completed Plat Application; (b) supported by a good and sufficient bond or other

financial security if required by the Regulations; and (c) in all things complete,

sufficient, and in compliance with all requirements prescribed by law and these

Regulations, including the payment of all required fees; and

(2) may approve with conditions or disapprove a submitted plat by a recorded vote at

a public meeting by an order entered into the official Court minutes, should: (a)

the plat not comply with all requirements prescribed by law and these Regulations;

(b) the required fees not be paid; (c) a delinquent ad valorem tax liability exist for

the land made the subject of the proposed development; or (d) the plat not be

supported by a good and sufficient bond or other financial security, if required by

the Regulations.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(D) Submission and Review of Final Plat. Within 10-days after Commissioners Court approval

of a Preliminary Plat (if any), or alternatively, at the plat application submission, the original

and one complete copy of the Final Plat shall be submitted by the Developer to the

Commissioners Court through the County’s Director of Planning and Development (at the

business office described in § 1.3). The Final Plat shall contain the approved names for all

public and private roads in the subdivision. The County will review the Final Plat for

completeness, sufficiency, and compliance with these Regulations. If the Final Plat is not

complete, sufficient, or in compliance with these Regulations, it shall be disapproved or

disapproved with conditions as allowed by law by the Commissioners Court or the Director

of Planning and Development in writing. The County may disapprove a plat if it does not

meet the requirements prescribed by law or these Regulations.

(E) Approval of Final Plat. If the Final Plat is complete, sufficient, and in compliance with

these Regulations, it will be submitted to the Commissioners Court for approval by a

recorded vote at a public meeting. If approved, the Final Plat shall be ordered to be fully

executed and filed of record, as herein described. The plat shall be filed and recorded with

the County Clerk within 10-days of the approval date, unless otherwise agreed to by the

applicant. However, the filing and recording of the Final Plat shall not be ordered or

authorized until the Developer has paid all required fees, and executed, submitted, and filed

all bonds or other financial security required.

(F) Bond or Other Financial Security Requirements. The Developer of a tract to be subdivided

shall: (1) execute a good and sufficient bond or other financial security, as required by

these Regulations, in order to ensure the proper construction of any public roads and streets

or private roads with public access easements, drainage requirements, or other

infrastructure or improvements dedicated to public use in the subdivision; and (b) comply

with the bond or other financial security requirements described in the Appendix/SAATS

Manual/Exhibit E.

§ 3.6 Fee Schedule. A reasonable fee schedule is adopted and approved for subdivision

development as described in Appendix/SAATS Manual/Exhibit C. The fees must be

paid to the County before the County conducts a review of the proposed development

project.

§ 3.7 Voluntary Preliminary Review Procedure. Should the proposed subdivision be non-

exempt and located in the unincorporated area, the Developer may choose to participate in

the County’s Voluntary Preliminary Review Procedure as follows:

(A) Written Notice. The Developer shall deliver written notice to the Director of Planning and

Development that Developer participation in this voluntary procedure will occur to obtain

a preliminary review of the proposed subdivision prior to the expense and time being

incurred by the Developer in preparing and submitting to the County a completed plat

application, final plat, and related technical and supporting documents as required by these

Regulations.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(B) Document Submission. Thereafter or contemporaneously with the delivery of said written

notice -- but prior to the submission of a completed plat application, required final plat, and

all supporting documents required by these Regulations – the Developer shall deliver to

the Director of Planning and Development a concept plan, site plan, preliminary plat,

and/or other documents deemed appropriate by the Developer regarding the proposed

subdivision -- so that the County may begin a preliminary review of the subdivision prior

to the Developer’s submission of a completed plat application and final plat as otherwise

required by these Regulations.

procedure, the following matters shall be expressly understood by the Developer and its

consultants:

(1) Developer participation in this procedure is strictly voluntary and shall occur only

through the exercise of the Developer’s sole discretion, consent, and best judgment.

(2) Developer submission to the County of the aforesaid concept plan, site plan,

preliminary plat, and/or other documents are not required to be submitted to the

County for plat approval pursuant to these Regulations.

(3) Pursuant to § 232.0025(b) of the Texas Local Government Code and other

authority, it shall be understood that:

(i) Developer submission of the aforesaid concept plan, site plan, preliminary

plat and/or other documents to the County during this voluntary procedure

shall not imply or constitute the submission of a completed plat application

and final plat as required by these Regulations for final plat approval; and

(ii) County acceptance and review of the aforesaid concept plan, site plan,

preliminary plat and/or other documents submitted to the County during this

voluntary procedure shall not constitute approval of a completed plat

application and final plat as required by these Regulations.

§ 3.8 Short Form Plat Procedure. Notwithstanding anything to the contrary herein stated, a Short

Form Plat Procedure is authorized by these Regulations at the sole discretion and business judgment

of the Developer as hereafter described. A Short Form Plat is a plat or replat involving four or

fewer lots fronting on an existing street and not requiring the creation of any new street or

the extension of public facilities. All applicants seeking approval of a Short Form Plat shall

comply with the requirements of this section. Every Short Form Plat shall require approval

of the Commissioners Court.

(A) Prerequisites. The procedures contained in this section apply to a Short Form Plat that

meets all of the following conditions: (1) the proposed division results in four (4) or fewer

lots; (2) all lots in the proposed subdivision front onto an existing public street and the

construction or extension of a street or alley is not required to meet the requirements of

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

these Subdivision Regulations or any other regulations; and (3) the plat does not require

the extension of any public facilities to serve any lot within the subdivision, however, right-

of-way widening, and easements shall be permitted as part of a Short Form Plat procedure.

(B) Replats. The replat of existing platted lots in a subdivision must comply with the procedure

described in these Regulations (see § 4.3).

Form Plat will be reviewed by the County until said documents are submitted in a completed

format and all fees have been paid: (1) a fully complete Short Form Plat Application; (2) a

tax certificate or other proof of payment indicating that any taxes or liens due the County

have been paid; (3) a Final Short Form Plat with all required supporting documents and

copies; (4) a minor drainage analysis if the County Engineer determines it is required; and

(5) a copy of the subdivider’s deed for the property or other proof of ownership satisfactory

to the County Attorney demonstrating ownership and the right to dedicate to the County.

(D) Short Form Plat Application. The Developer shall submit a written Short Form Plat

Application to the Director of Planning and Development (at the notice address described in

§ 1.3) at least fourteen (14) days prior to the regular meeting of the Commissioners Court

for which approval is being sought.

(E) Short Form Plat. The Developer shall submit: (1) the required number of hard copies of

the Short Form Plat as shown on the plat application form (see Appendix/SAATS

Manual/Exhibit A); and (2) an electronic copy of the Short Form Plat in DXF and PDF

format. Also, the Short Form Plat shall contain, at a minimum, all applicable information

listed in § 3.9 (regarding final plat contents, submission, processing, and recording) and

described in the Appendix/SAATS Manual/Exhibit A and included checklists.

(F) Review. Every Short Form Plat shall be reviewed for compliance with the Regulations. The

Commissioners Court is authorized to approve or approve with conditions a Short Form

Plat provided such Plat meets all requirements of these Regulations.

(G) Execution and Recordation. The Short form Plat shall be acknowledged and executed in

the manner required for a final approved subdivision plat. by the County representative

authorized to approve a plat instead of the Commissioners Court. The Short Form Plat

shall be filed by the County’s Director of Planning and Development and recorded with

the County Clerk within 10-days of the approval date, with all recording fees paid by the

Developer.

§ 3.9 Final Plat Procedure. A Final Plat is required by these Regulations, and if approved by the

Commissioners Court, must be filed and recorded with the County Clerk according to the

authority and all filing and recording provisions contained in these Regulations. Approval

of a Final Plat shall require the final drainage report and may require final engineering

plans in accordance with the Appendix/SAATS Manual/Exhibit F.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(A) General Requirements.

(1) The Final Plat must be approved by the Commissioners Court and must conform to

the following requirements, pursuant to Chapter 232, Subchapters A and E, of the

Texas Local Government Code (including without limitation §§ 232.0032,

232.101, and 232.107 therein).

(2) The submitted plat application shall be fully complete as required by these

Regulations and include all documents listed below, and no Final Plat will be

reviewed by Ector County until all required documents are submitted and filed in a

completed format and all fees have been paid:

(a) a tax certificate or other document issued by a taxing entity showing that

any taxes or liens due the County have been paid;

(b) a Final Plat prepared in compliance with these Regulations;

satisfactory to the County Attorney demonstrating ownership and the right

to dedicate to the County; and

(d) all corollary or other documents required by these Regulations to be

attached to the plat as supporting documents for proposed plat approval.

(3) The plat shall describe the subdivision by metes and bounds.

(4) The plat shall locate the subdivision with respect to an original corner of the original

survey of which it is a part, and a minimum of two (2) exterior corners of the

subdivision shall be defined on the plat and located by the Texas State Plane

Coordinate System.

(5) The plat shall state the dimensions of the subdivision and of each lot, street, alley,

square, park, or other part 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 street, alley,

square, park, or other part.

(6) The plat shall be executed and acknowledged by the Developer in the manner

required for the acknowledgment of deeds, and further, shall contain all signature

executions, certifications, and plat notes required by these Regulations.

(7) All plats shall comply with all applicable platting and development regulations of

Ector County, Texas (whether described in these Regulations or elsewhere), as well as

applicable state and federal agencies. The Final Plat shall comply in all respects with

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

these Regulations, including those plat requirements contained in the

Appendix/SAATS Manual.

(B) Property Description, Identifying Data, and Signatures. The plat shall describe the

subdivision and all of its parts by a metes and bounds description (made as a result of an on

the ground survey and inspection), drawn to the required scale and dimensions, and shall

include accurate descriptions and depictions of the following matters:

(1) the subdivision boundary;

(2) the internal parts of the subdivision -- including all lots, divisions of land, streets,

alleys, squares, parks, or other parts of the tract intended to be dedicated to public

use or for the use of purchasers or owners of lots fronting on or adjacent to the streets,

alleys, squares, parks, or other parts;

(3) the effective plat date;

(4) a location map;

(5) the required scale and dimension components;

(6) a north arrow; and

(7) all required signatures, execution, dating, certifications, plat notes, supporting

documentation, and professional seals required by these Regulations.

(1) The plat also shall describe all identifying data required by these Regulations

regarding the subdivision and its surrounding area, including:

(a) the name of the subdivision and its owner;

(b) all property lines, streets and easements on lands immediately adjacent to and

contiguous with the perimeter of the proposed subdivision shall be shown

for an area extending one hundred (100) feet from the perimeter with the

names of the owners as shown in the most current County Tax Assessor’s

files, along with the volume and page recording information of the parcel’s

deed, if available – and if the adjacent properties are platted, individual

parcel or lot ownership information is not required to be shown, but the

names of adjoining subdivisions and the names of adjoining streets are to

be shown;

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

intended to be dedicated to public use or for the use of purchasers or owners

of lots fronting on or adjacent to said parts;

(d) driveways, common areas, areas dedicated or to be dedicated to public use,

and any area to be used by adjacent lot owners or purchasers;

(e) rights of way and easements whether of record, apparent on the land, or

proposed;

(f) natural drains, drainage structures or improvements whether of record,

apparent on the land, or proposed;

(g) water bodies, water courses, and floodplain boundaries;

(h) set-back lines (if any) and lot frontages; and

(i) restrictive covenants, restrictions, or reservations of record.

(2) Regarding the survey data, the plat must accurately describe and depict the

following matters:

(a) the plat shall locate the subdivision with respect to point of origin and the

Texas State Plane Coordinate System (NAD 83);

(b) the boundary lines must be shown by bearings and distances, calling for the

lines of established surveys, landmarks, and other data furnished, sufficient

to locate the property described on the ground;

suitable monument in accordance with the Appendix/SAATS Manual;

(d) the plat must contain a north arrow indicating the direction of the North point

of the compass and the scale must be prominently shown. Preferably a scale

of 1:50 and not to exceed 1:100 if applicable;

(e) the plat shall describe by metes and bounds each lot, number each lot in

progression, and give the dimensions of each lot;

(f) the plat shall state the dimensions of and accurately describe by metes and

bounds each lot, street, alley, square, park, or other part 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 street, alley, square, park, or other part;

(g) the plat shall include a description and the dimension of all lot frontages in

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

the subdivision. These descriptions, and all lot frontages, shall comply with

the lot frontage standards adopted by these Regulations; and

(h) lot and block numbers shall be arranged in a systematic order and shown on

the plat in distinct and legible figures.

(D) Plat Production Requirements.

(1) The plat shall be produced in digital format (PDF and DXF in Texas State Plane

Coordinate System) and on mylar, or by the use of other material and methods of a

permanent nature in general use by the engineering profession. The plat shall be

drawn to scale on sheets of the following dimension: 18 inches by 24 inches.

(2) The original plat (including all required attached documents) and 1 clearly marked,

same-size copy of same shall be provided to the County. Should the plat not be

provided to the County in digital format (PDF), six reduced copies of the plat, in a

dimension of either 8.5 inches by 11 inches or 11 inches by 17 inches, also shall be

provided to the County. The plat shall be drawn according to the following scale:

(a) 1 inch to 50 feet; or (b) 1 inch to 100 feet.

(3) Linear dimensions shall be shown in feet and hundredths of 1 foot. Angle

dimension shall be shown in degrees, minutes, and seconds. Curve dimensions shall

be shown through radius, arc, chord distance, and bearing.

(E) Water/Sewer/OSSF Disclosures.

(1) Facilities Constructed or Installed by Developer. Should water, sewer, or OSSF

facilities be intended to be constructed or installed by the Developer to service the

subdivision, the plat shall contain notes as specified in the Appendix/SAATS

Manual/Exhibit D and also have attached a document that contains the following

information by the developer and his engineer: (a) a detailed description (including

the proposed location) of the water, sewer, or OSSF facilities, and any roadways

and easements dedicated for the provision of water, sewer, or OSSF service, that

will be constructed or installed to service the subdivision; (b) a statement specifying

the date by which said facilities will be fully operable; and (c) a statement that the

plat and subdivision comply with (i) minimum state standards regarding the

proposed water, sewer, or OSSF facilities or service, (ii) all applicable water,

drainage, sewer, or OSSF regulations required by the County's sewer, drainage,

septic, or OSSF regulations, and (iii) the County's floodplain management

regulations.

(2) Facilities Not Constructed or Installed by Developer. Should water wells, septic,

and/or OSSF facilities be proposed for the subdivision, with said facilities not to be

constructed or installed by the Developer, the plat must contain information and

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

documents (including suitability reports, calculations, and percolation test results)

by the Developer and his engineer describing and depicting the: (a) type and

location of the proposed facilities; and (b) documents and a statement confirming

that the plat, said facilities, and the subdivision comply with the applicable

requirements of the (i) minimum state standards for the proposed facilities, (ii)

County’s water, drainage, sewer, septic, and/or OSSF regulations, (iii) County’s

groundwater sufficiency disclosure requirements and floodplain management

regulations, and (iv) the regulations and management plans of the Water District, if

any, territorial jurisdiction regarding water wells and related permits for the land of

the subdivision.

(3) Groundwater Sufficiency Analysis. Pursuant to §§ 232.101 and 232.107 of the

Texas Local Government Code and other authority, and in order to promote and

protect the public health, safety and general welfare of the county and the safe,

orderly, and healthful development of the unincorporated area of the county, the

following matters are required if the source of the water supply intended for the

subdivision is groundwater under that land.

(a) The plat application shall have attached an analysis that: (i) is prepared for

the Developer by an engineer or geoscientist licensed to practice in Texas;

and (ii) determines that adequate groundwater is available to provide for the

domestic needs of the subdivision.

(b) Upon receipt of the aforesaid analysis, the County shall determine through

its independent review (with outside engineering and/or geoscientist

consultation assistance, if necessary or desired) whether adequate ground

water is available to provide for the domestic needs of the subdivision.

(4) Surface Water Sufficiency Disclosure Certification. If the source of the water

supply intended for the subdivision is surface water, pursuant to §§ 232.101 and

232.107 of the Texas Local Government Code and other authority, the submitted

subdivision plat application and plat shall demonstrate and have attached a

certification statement that: (a) is prepared for the Developer by an engineer or

geoscientist licensed to practice in Texas; and (b) certifies through sufficient

evidence that sufficient water rights have been obtained and dedicated, either

through acquisition or a wholesale water supply agreement, that will provide a

sufficient supply of surface water to serve the needs of the subdivision for a term

of not less than 30 years.

(5) Transportation of Potable Water Prohibition. The plat must contain the following

plat note and statement:

Conveyance of potable water by transport truck or other mobile

device to supply the domestic needs of the subdivision is not an

acceptable method, except on an emergency basis. Absence of a

water system meeting the standards of these Regulations due to the

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

negligence of the Developer does not constitute an emergency.

(6) Compliance with ECUD and Water District Regulations. Regarding compliance

with ECUD and groundwater conservation district (or Water District) regulations,

if any apply to the development project, the subdivision plat and related application

shall demonstrate the subdivision is in compliance with the then current regulations

of ECUD or the Water District, if any, with territorial jurisdiction regarding any

land area of the proposed subdivision -- and further, the plat shall contain the

following matters should a Water District exist with the aforesaid territorial

jurisdiction regarding the subdivision: (a) a plat certification by the General

Manager of said Water District stating that the subdivision and final plat is in

compliance with the then active regulations of said district; and (b) a plat note

stating that all water wells described in the plat, or to be constructed, used, and

operated in the subdivision, shall be in compliance with the then active regulations

of the Water District.

(F) Floodplain Disclosure. The plat shall describe and depict all land in the subdivision that is

located in a floodplain. The plat shall contain a certification, as described in the

Appendix/SAATS Manual/Exhibit D, by the surveyor or engineer for the Developer that:

(a) prominently describes, depicts, and identifies any area of the subdivision that is located

in a floodplain, or in the alternative, states that no area of the subdivision is located in a

floodplain; and (b) states that the plat and proposed subdivision comply with the County's

(i) sewer, drainage, septic, or OSSF rules or regulations, and (ii) floodplain management

regulations.

(G) Drainage.

(1) The plat must describe the provision of a reasonable drainage plan approved by the

Developer’s engineer for the subdivision (including all roads, streets, bridges,

culverts, driveways, or common use areas located therein) in accordance with

standard engineering practice, and in compliance with the drainage standards

described in Appendix/SAATS Manual/Exhibit F, in order to efficiently manage

the flow of storm water runoff in the subdivision and to coordinate subdivision

drainage with the general drainage pattern for the area, including a description of:

(a) the exact location, dimensions, descriptions and flow line of existing and

proposed future drainage structures (including bridges or culverts); and (b) the

exact location, flow-line, and floodplain of existing water courses within the

subdivision.

(2) The Preliminary Plat (if any) or drainage report in lieu of a Preliminary Plat shall

describe the provision of reasonable drainage to the subdivision, in compliance with

the reasonable drainage standards described in these Regulations in order to: (a)

efficiently manage the flow of storm water runoff in the subdivision; and (b)

coordinate subdivision drainage with the general drainage pattern for the area.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(3) The Preliminary Plat (if any) or drainage report shall include the preliminary/

conceptual design and application of applicable reasonable specifications, as

required in these Regulations, to provide adequate drainage for each street or road

in the subdivision in accordance with standard engineering practices. The

Preliminary Plat or drainage report shall include a description of: (a) the exact

location, dimensions, descriptions and flow line of existing and future drainage

structures; and (b) the exact location, flow line, and floodplain of existing water

courses within the subdivision.

(H) Road/Driveway Design and Construction.

(1) General Requirements. The plat must include a description of all roads, streets,

bridges, driveways, culverts, and areas of common usage in the subdivision. These

descriptions and all constructed roads, streets, bridges, culverts, driveways, and

common usage areas shall comply with reasonable engineering standards and

procedure, and comply with the road and drainage standards described by the

Regulations and in Appendix/SAATS Manual/Exhibits F, G, and H. Prior to any

road, street, bridge, driveway, culvert, or area of common usage being constructed

to connect to an existing county or state road, any such transportation infrastructure

or facility and related drainage structures first shall be approved by the County.

(2) Access. Regarding sufficient emergency vehicle and lot access to roads and streets,

the following must be described on the plat and made the subject of compliance by

the Developer: (a) the subdivision shall provide at least two points of entry/exit

access to an external public road (located outside the subdivision) for a sufficient

route of travel to and from each lot in the subdivision, for use by lot owners and

emergency vehicles, and for use during evacuations resulting from fire or other

natural disasters; and (b) the subdivision must have internal roads or streets

designed and constructed so that each lot in the subdivision shall have access to an

internal road or street leading to the aforesaid entry/exit access point in the

subdivision, for a sufficient route of travel to and from each lot in the subdivision,

for the use by lot owners and emergency vehicles, and for use during evacuations

resulting from fire or other natural disasters.

(3) County Approval. Prior to any road, street, bridge, driveway, culvert or other

drainage facility, or area of common usage being constructed in a subdivision, the

County must first approve the construction through a review of the

completed

construction drawings and any required drainage plan. Clearing and grubbing of

the site (as well as minor grading to allow access for testing and water well drilling

equipment), and stripping of right of way to identify sub-grade types for testing, are

exceptions to this provision.

(4) The Developer shall comply with the road damage and repair provisions described

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

in Appendix/SAATS Manual/Exhibit H.

(5) Roadways and Street Descriptions.

(a) The plat shall include a description of all roads in the subdivision or the

location of existing or proposed roadways in adjacent subdivisions or

county roadways.

(b) These descriptions and all constructed roads shall comply with the County's

road and drainage standards adopted by these Regulations and as further

specified in the Appendix/SAATS Manual/Exhibits F, G, and H.

English alphabet. No special characters (dashes, apostrophes, periods,

slashes, tildes, etc.) may be used. Avoid use of the same street name in close

proximity to similarly named streets.

(d) A street name is considered a duplicate if an existing street shares the same

street name. Number of words, spaces, and spelling differences do not make

the street name unique. Changing the street type does not make the name

unique.

(e) To ensure proper construction, reduce property flooding and maintain the

flow in drainage ways, driveways being constructed connecting to existing

public county roads or private roads with public easements, or drainage

structures shall first obtain a right-of-way (ROW) permit from the County’s

Planning and Development office (at the business office described in § 1.3)

and be approved by the County if they meet these Regulations and the

provisions contained in the Appendix/SAATS Manual.

(f) Driveway typicals from the Appendix/SAATS Manual/Exhibit G shall be

included in the roadway construction drawings for any subdivisions

anticipating lots fronting on public roadways or private roadways with

public easements.

(g) Driveways to roadways owned and/or` maintained by the Texas Department

of Transportation shall require permits and meet the construction

requirements of that state agency.

(6) Public County Roadways.

(a) Right-of-Way (R.O.W.) dedications shall be free/clear of any liens and/or

private ownership.

(b) Design and construction of public County roadways and streets shall meet

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

the requirements and standards of the Appendix/SAATS Manual Drainage

and Road Standards. Engineering and Construction Plans/Drawings shall

be submitted to the County’s Planning and Development office (at the office

address described in § 1.3) for approval prior to initiation of construction in

accordance with these Regulations.

take the name of the existing road or street.

(d) Where roads or streets in an adjoining subdivision end at the property line

of the new subdivision, the said roads or streets shall be continued

throughout the new subdivision.

(e) Where there are no adjacent connections platted, the roads in the new

subdivision shall be a reasonable projection of the roads or streets in the

nearest subdivisions.

(f) No decorative squares, trees, “islands,” ornamental entrances or any other

obstruction to traffic shall be constructed or preserved within the right-of-

way of a road dedicated to the public. Additionally, landscaping and other

sight obstructions shall be located outside of sight triangles.

(g) A public road maintenance statement shall be shown on the Final Plat

document in accordance with the Appendix/SAATS Manual/Exhibit D.

(h) The dedication and acceptance of public R.O.W. is accomplished by the

approval and recording of the Final Plat.

(i) The construction of the public road improvements is authorized and

inspected under the County Public Works Department authority. If the

Public Works Department approves the constructed improvements, the

County Commissioners Court may accept the improvements for

maintenance by separate, specific action. An Amending or Short Form plat

cannot dedicate R.O.W. or involve the construction of public or private

roadways.

(j) Proper identification of streets for emergency and other public services is

critical to the safety of the residents of a subdivision. The Developer shall

pay for the street blades and be responsible for the initial installation of street

identification sign poles at the intersection of every roadway, street and cul-

de-sac within the proposed subdivision.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(k) Private Roads.

(a) Public roads (after road acceptance by the Commissioners Court, if ever) on

dedicated rights-of-way are the requirement of the County for subdivisions.

Private roads may be considered for approval in a subdivision, if it is

determined they adequately serve the function of a public road and meet all

the requirements of these Regulations. All private roads proposed in

subdivisions require approval (for plat approval) by the Commissioners

Court.

(b) Ownership of the private road(s) shall be identified on the plat, along with

a designation as a Private Access easement. Ownership to the centerline of

the road by the adjacent lot owners is NOT allowed. Ownership in common

by a homeowner or property owner’s association, with an acceptable private

Commissioner’s Court approved access easement that includes access by

vehicles from the county, post office, utilities with a franchise to use public

streets, emergency and other public agencies and a maintenance mechanism

provided, is acceptable. In no case shall ownership of the land utilized for a

private roadway easement serving lots in a subdivision remain in the

ownership or be retained by the original developer(s) or owner(s) of the

subdivision.

lots either owned to the centerline by the adjacent property owner or owned

by a homeowner or property owners association shall NOT be included in

the area requirement calculations for an OSSF system or for any other area

requirement for a lot.

(d) Private roads shall meet the same design criteria and construction standards

and specifications as public roads and streets contained in these Regulations

as part of the plat approval process. Engineering and Construction

Plans/Drawings shall be submitted to the County Engineer and approved

prior to initiation of construction. The Developer of a private road

subdivision shall contact Ector County Public Works and request

inspection from the County Inspector during and after construction of a

private road to verify such standards have been met. In no case, however,

shall a private road be constructed without grading, drainage and a base and

surface paving sufficient to support emergency vehicles including fully

loaded fire suppression vehicles.

(7) Maintenance.

(a) The Developer, prior to plat approval and lots being sold, should endeavor

to provide for the establishment of a homeowners or property owners

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

association, in covenants, conditions, and restrictions (“CCRs”), to be filed

and recorded with the plat and noted on the plat, assuming the obligation of

perpetual maintenance of private streets and other improvements held

privately, including: (i) a mandatory assessment for such private streets and

improvements to be placed on all property owners within the subdivision;

(ii) an allowance for County personnel to inspect the streets to assure they

are being maintained to County emergency access standards; and (iii)

providing for notice to the County Attorney and County Judge or Court’s

Designee of any amendments to these relevant sections.

(b) The County shall be a necessary party for the amendment of any portions

of the CCRs dealing with these requirements.

document in accordance with these Regulations.

(d) Private streets, roads, and emergency access easements shall be termed as a

vehicular access way under private ownership and maintenance. Private

Access Easements shall also give access into the subdivision by the County,

by emergency service providers, and by other utility or public service

providers, such as postal carriers and utility companies, with appropriate

identification. The method used to ensure County and emergency access,

including emergency turn arounds, into the subdivision shall be approved

by the 911 Ector County Emergency Communication District and by any

other applicable emergency service providers during the final platting

process.

(e) Certain County services may not be provided for private street subdivisions,

including street maintenance, routine law enforcement patrols, enforcement

of traffic and parking regulations and payment of costs for street lighting.

A note as to waiver of services may be required on the face of the plat. The

Developer shall install signs in prominent and visible locations that clearly

mark entrances to all private street subdivisions and install a sign indicating

that the streets within the subdivision are private, and not maintained nor

regularly patrolled by the County. The subdivision homeowner’s or

property owner’s association shall maintain such signs and replace them if

damaged at their expense.

(f) Prior to the filing of a plat with private streets, the private streets must either

be constructed and inspected in accordance with these Regulations or

Financial Security in accordance with these Regulations must be provided

prior to recording the plat and sales of lots to ensure completion of the

private streets for emergency access and the use of the lot buyers.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(g) Proper identification of streets for emergency and other public services is

critical to the safety of the residents of a subdivision. The developer shall

pay for the street blades and be responsible for the initial installation of

street identification sign poles at the intersection of every private roadway,

street and cul-de-sac within the proposed subdivision. The County will

provide the street blades with a distinct color scheme that indicates the

roadway is private and not County maintained.

(8) Alleys.

(a) Alleys, or loading courts, may be required in commercial and industrial

areas by the Commissioner’s Court upon recommendation of the County

Engineer or Director of Public Works.

(b) Alleys are not required in residential areas except that same shall be

provided where alleys of adjacent subdivisions already platted would be

closed or dead-ended by failure to provide alleys in the new subdivision.

as noted above, shall have a minimum right-of-way width of twenty (20)

feet.

(d) Unpaved alleys will not be maintained by the County except for occasional

blading for drainage purposes.

(e) The adjacent property owners are responsible for maintenance including

mowing of ROW adjacent to their frontage along the alley.

(f) Paved alleys shall be a minimum of 15 feet of paving in a twenty-foot right-

of-way.

(I) Lot Frontage. The plat must include a description of all lot frontages in the subdivision.

These descriptions and all lot frontages on the ground shall comply with the following

standards hereby adopted and approved pursuant to §§ 232.101, 232.103, 232.107 of the

Texas Local Government Code and other authority:

(1) These Regulations are designed to provide reasonable standards for minimum lot

frontages on existing county or other public roads (including lot frontages in

relation to curves in a road) in compliance with accepted engineering practice and

standards.

(2) The minimum lot frontage required for lots located on county or other public roads

is 100 feet unless otherwise required by state or federal law.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(J) Access by Emergency Vehicles. As a matter of public health, safety, and welfare, and

pursuant to §§ 232.101 and 232.107 of the Texas Local Government Code, and regarding

a residential subdivision in the unincorporated area of Ector County, Texas, the following

standards and requirements regarding emergency vehicle access are adopted:

(1) at least two means of ingress and egress in the subdivision shall be provided, and

shown by the Developer on the plat, to provide for sufficient routes of travel for use

by emergency vehicles and for use during evacuations resulting from fire or other

natural disasters; and

(2) said means of ingress and egress in the subdivision shall be designed, platted,

constructed, and operated pursuant to the road, bridge, drainage, public road access,

driveway, and other transportation infrastructure standards or requirements of these

Regulations.

(K) Developer Participation Contracts. Pursuant to the provisions of § 232.105 of the Texas

Local Government Code and other authority, the County hereby adopts and approves its

authority to make, but not its obligation to make, Developer participation contracts with a

Developer of a subdivision or land in the unincorporated area of Ector County, Texas to

construct public improvements, but not including a building, related to the development.

Such contracts, if any, shall be made and implemented using the lawful authority,

discretion, and best business judgment of the Commissioners Court, and in the manner and

procedure authorized by the aforesaid statute. The County reserves the right not to make

a proposed Developer participation contract should the discretion and best business

judgment of the Commissioners Court indicate that the making and implementation of such

a contract would not be in the County’s best public interests.

(L) Utility Connection Requirements. Pursuant to §§ 232.029, 232.101 and 232.106-232.107

of the Texas Local Government Code, the utility connection standards, requirements, and

procedure described in Appendix/SAATS Manual/Exhibits I-J are adopted and shall

apply for all subdivisions subject to governance by these Regulations.

(M) Use of Firearms, Bows, and Arrows. Regarding the use of firearms, bows, and arrows, in

certain subdivisions, the following standards are adopted and approved pursuant to §§

235.020-.045 of the Texas Local Government Code.

(1) Definitions. Notwithstanding anything to the contrary stated in these Regulations:

(a) this Paragraph N applies to a subdivision which is located in the unincorporated

area of the county and for which a plat is required by Chapter 232 of the Texas

Local Government Code and these Regulations; (b) “air gun” shall mean any gun

that discharges a pellet, BB, or paintball by means of compressed air, gas

propellant, or a spring, as defined by § 229.001 of the Texas Local Government

Code; and (c) “hunting” shall mean to hunt (i.e., to capture, trap, take, or kill, or an

attempt to capture, trap, take, or kill), as defined by § 1.101 of the Texas Parks and

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

Wildlife Code.

(2) Firearm Use. To promote public safety, the Commissioners Court hereby prohibits

the discharge of firearms on lots that are 10 acres or smaller and located in the

unincorporated area of the county in a subdivision; however, this regulation shall

not be construed to prohibit the lawful discharge of air guns on the aforesaid lots or

as otherwise allowed by law. This regulation does not authorize the Commissioners

Court to regulate the transfer, ownership, possession, or transportation of firearms

or air guns and does not authorize the Commissioners Court to require the

registration of firearms or air guns. Any person is entitled to appropriate injunctive

relief to prevent a violation or threatened violation of this regulation from

continuing or occurring. A person commits an offense if the person intentionally

or knowingly engages in conduct that is a violation of this regulation. An offense

under this regulation is a Class C misdemeanor. If it is shown on the trial of an

offense under this regulation that the person has previously been convicted of an

offense under this section, the offense is a Class B misdemeanor.

(3) Bow/Arrow Use. To promote public safety, the Commissioners Court hereby

prohibits hunting with bows and arrows on lots that are 10 acres or smaller and

located in the unincorporated area of the county in a subdivision. This regulation

does not authorize the Commissioners Court to regulate the transfer, ownership,

possession, or transportation of bows and arrows and does not authorize the

Commissioners Court to require the registration of bows and arrows. Any person

is entitled to appropriate injunctive relief to prevent a violation or threatened

violation of this regulation from continuing or occurring. A person commits an

offense if the person intentionally or knowingly engages in conduct that is a

violation of this regulation. An offense under this regulation is a Class C

misdemeanor. If it is shown on the trial of an offense under this regulation that the

person has previously been convicted of an offense under this section, the offense

is a Class B misdemeanor.

(N) Future Transportation Corridors. Pursuant to § 232.0033 of the Texas Local Government

Code, if all or part of a subdivision for which a plat is required under these Regulations is

located within a future transportation corridor identified in an agreement under Section

201.619 of the Texas Transportation Code:

(1) the Commissioners Court may refuse to approve the plat for recordation unless the

plat states that the subdivision is located within the area of the alignment of a

transportation project as shown in the final environmental decision document that

is applicable to the future transportation corridor;

(2) the Commissioners Court may refuse to approve the plat for recordation if all or

part of the subdivision is located within the area of the alignment of a transportation

project as shown in the final environmental decision document that is applicable to

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

the future transportation corridor; and

(3) each purchase contract or lease between the Subdivider and a purchaser or lessee

of land in the subdivision must contain a conspicuous statement that the land is

located within the area of the alignment of a transportation project as shown in the

final environmental decision document that is applicable to the future transportation

corridor.

(O) Regulatory Compliance. All plats shall demonstrate compliance with the County’s (1) sewer,

drainage, septic, or OSSF regulations or rules, and (2) floodplain management regulations.

(P) Purchase Contract Disclosure. Pursuant to § 232.003 of the Texas Local Government Code

and other authority, each purchase contract made between a Developer/Subdivider and a

purchaser of land in the subdivision shall 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 water will be made available to the subdivision.

(Q) Lien Subordination Disclosure. The plat shall contain statements, signed and

acknowledged by the Developer and any lienholder (current addresses shown), which

certify lienholder consent and lien subordination to all public dedications.

(R) Limitations Regarding County Construction/Maintenance Obligations. The plat shall

contain the statements in the Appendix/SAATS Manual/Exhibit D regarding the express

limitations regarding County construction or maintenance obligations.

(S) Plat Execution and Certification Matters.

(1) The Developer shall: (a) sign and date the plat, all Developer certifications on the plat,

and all required or attached documents requiring Developer execution; (b)

acknowledge the plat in the manner required for the acknowledgment of deeds; and

described in the plat and all attached documents. The Developer’s certification

statement requirements appear in the Appendix/SAATS Manual/Exhibit D.

(2) The plat must be signed, sealed, and certified by the Developer’s surveyor and

engineer, and said consultants must be currently licensed and in good standing to

practice in Texas, and their certification statement requirements appear in the

Appendix/SAATS Manual/Exhibit D.

(3) The final, approved plat shall contain a signature, certification, and

acknowledgment by the County Judge as stated in the Appendix/SAATS

Manual/Exhibit D for Final Plats, and as applicable for Amending or Short Form

Plats. The County Clerk shall attest the signature of the County Judge on the plat.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(4) All signatures, certifications, and plat notes described by these Regulations

(including without limitation those described in the attached Appendix/SAATS

Manual/Exhibit D) shall be required for inclusion on a Final Plat and Short-Form

Plat.

(5) The following additional certifications, in language deemed sufficient by the

certifying entity, shall appear on the plat:

(a) the Water District having territorial jurisdiction regarding water wells and

related permits for the land of the subdivision, shall certify on the plat that

(i) the Developer and/or all lot owners in the subdivision shall comply with

the active regulations of said district, and (ii) all water wells in the

subdivision shall be in compliance with the active regulations of said

district;

(b) the applicable electric and gas utility service providers for the subdivision

shall certify on the plat that (i) electric and gas utility service is currently

available to all lots of the subdivision, or can be made available in the future

to all lots in the subdivision, subject to proper application, permitting,

infrastructure, and/or utility easement acquisition, and (ii) the easements

shown on the plat are of sufficient nature, shape, and size to accommodate

electric utility service to all lots in the subdivision; and

intended for the subdivision shall be certified by the Developer, the

Developer’s engineer, and the County’s wastewater, sewer, and

septic/OSSF regulation officer (or agent or designee) as being in all things

compliant with minimum state standards as herein required.

(6) The County Clerk shall: (a) attest and certify the signature of the County Judge on

the final, approved plat using the certifications in the Appendix/SAATS

Manual/Exhibit D; and (b) show on the plat the date of the order of the

Commissioners Court which approved the plat and authorized its filing. When the

Final Plat is filed and recorded in the Office of the County Clerk, said clerk shall

conspicuously mark and record the Final Plat in the plat records or other official

public records of said office, noting on the plat and the internal records of said

office the date and time of filing, and the volume/book and page of record where

the plat was recorded. Upon “approval” of the Final Plat by the Commissioners

Court, the County Clerk shall not in any way mark, record, recite, or describe the

plat as “accepted” by the Commissioners Court. By these Regulations it shall be

expressly understood that “acceptance” of the Final Plat, if any, (and by consequence

the land, roads, easements, improvements, or infrastructure, if any, dedicated to the

public on the plat), only can occur, if ever, by a subsequent, separate acceptance

order being approved by the Commissioners Court (through a recorded vote at a

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

public meeting) in compliance with these Regulations.

(T) Engineering and Construction Plans/Drawings.

(1) Based on a review of the proposed subdivision and in the interest of public health,

safety, and welfare, the County Engineer may recommend to the County that public

improvements be required for a proposed subdivision.

(2) The engineering and construction plans/drawings for all improvements which are

submitted by the Developer to the County for a proposed subdivision shall conform

to the requirements of these Regulations and shall be prepared, executed, and sealed

by the Developer’s Registered Professional Engineer who is licensed to practice in

the State of Texas.

(3) No public improvements will be accepted or private streets approved without the

submission to and approval of the engineering and construction plans/drawings of

such improvements by the County Engineer.

ARTICLE 4 – EXCEPTIONS, VARIANCES, PLAT

REVISION, AND DORMANT PLATS

§ 4.1 Plat Exceptions and Related Matters.

(A) Statutory Exceptions. A subdivision plat is not required if the facts establish one or more

of the specific plat exceptions described in § 232.0015 of the Texas Local Government

Code.

(B) Local Exceptions. Pursuant to § 232.0015(a) of the Texas Local Government Code (in part

stating that a county need not require platting for every division of land otherwise within

the scope of Subchapter A of Chapter 232 of said code), the following local exceptions are

hereby adopted for proper use and application for subdivisions described in these

Regulations:

(1) Litigation Exception. A subdivision plat is not required to be filed if the division

of land occurs pursuant to a final judgment issued by a court in a lawsuit or probate

proceeding -- unless the issuing court determines in said judgment that subdivision

platting under these Regulations is required.

(2) Oil/Gas Production and Energy Facility Exception. The County shall not require

the owner(s) of a tract of land located outside the limits of a municipality who

divides the tract into two or more parts to have a plat of the subdivision filed if:

(a) no part of the land is located in a floodplain;

(b) no land or improvements will be dedicated to public use;

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

Regulations or have access by an approved access easement;

(d) no easements or right-of-way dedications normally required by the County

for approval of a plat remain undedicated;

(e) each parcel or divided part will be developed for the purpose directly related

to: (i) the exploration or production of oil, gas or other minerals; or (ii) the

generation or transmission of electricity, including wind farms or wind

energy production or transmission sites;

(f) no buildings or structures on the land are constructed to be occupied on a

continuous basis;

(g) no water facilities, wells or services for the drinking of water by humans are

to be installed, and if any such facilities are utilized, they shall be directly

related to the production of oil, gas or other minerals or the generation or

transmission of electricity, shall be confined to the actual work site, and shall

comply with minimum state standards;

(h) no sewer, wastewater, human excreta or other waste removal, septic, or

OSSF facilities or services are to be installed, and if any such facilities are

utilized, they shall be directly related to the production of oil, gas or other

minerals or the generation or transmission of electricity, shall be confined

to the actual work site, and shall comply with minimum state standards and

the County's active sewer, septic, or OSSF regulations; and

(i) if electricity is provided to the site, it is provided only for the direct production

of oil, gas or other minerals or the generation or transmission of electricity.

this § 4.2, and should any lot or parcel thereafter be sold, conveyed, given, or otherwise

transferred to an individual or entity that does not meet one or more of the exceptions herein

described, the platting requirements of these Regulations shall apply.

(D) 911 Emergency Services Addressing. Should a plat not be required under these

Regulations, the Developer nevertheless shall submit the location of the development

project to the County’s Planning and Development office (at the office address described

in § 1.3) in order to confirm correct information for all addressing necessary for 911 and

emergency services addressing purposes. No fees will be charged by the County for this

submission in the public interest.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(E) Conveyance Without Plat Revision. Pursuant to §§ 232.010, 232.101, and 232.107 of the

Texas Local Government Code, the Commissioners Court may allow conveyance of

portions of one or more previously platted lots by metes and bounds description without

revising the plat provided that the conveyance does not violate, alter, amend, diminish, or

remove, any recorded covenants, restrictions, or vested property rights, or the purpose of

such conveyance, is to avoid dedication of any roadway right- of-ways or public easements.

§ 4.2 Variances.

(A) Application. These provisions apply to variance requests by a Developer seeking: (1) plat

approval regarding proposed subdivision development; and (2) infrastructure development

plan approval for proposed manufactured home rental community (“MHRC”)

development. When literal enforcement of these Regulations will result in undue hardship

to the Developer, and when a variance is in harmony with the general purpose and intent of

these Regulations so that the public health, safety, and welfare may be secured and

substantial justice done, but subject to any limitations or requirements existing under

applicable federal or state law, or county regulations, the Commissioners Court may grant a

variance from these Regulations, as hereafter described.

(B) Procedure. A Developer may request a variance from the County regarding the strict

application of these Regulations as described below.

(1) To obtain consideration for a variance, the Developer must timely submit a written

variance request in the plat application or MHRC infrastructure development

plan application. The variance application must describe in detail all special

circumstances that exist to support the variance.

(2) Through the exercise of its discretion, the Commissioners Court may grant a

variance from the strict application of these Regulations. However, the Court may

not grant a variance regarding the following matters: (a) the requirement of an

approved plat, as described in these Regulations -- but subject to the plat exceptions

described in these Regulations; (b) the requirement of a bond or other financial

security; and (c) the payment of fees unless the variance applicant is a unit of

government or non-profit entity.

(3) A variance may be granted by the Commissioners Court, within its discretion, only

when the clear and convincing evidence establishes all of the following: (a) a

special circumstance exists which, if these Regulations are strictly enforced, will

deprive the Developer of a privilege, use, or safety enjoyed by similarly situated

owners or Developers with similarly timed development of the same nature and

scope – and pecuniary hardship, standing alone, shall not be deemed to constitute

an undue hardship or special circumstance to support the granting of a variance; (b)

the variance constitutes only a minimum departure from these Regulations; (c) the

variance will not create a special privilege, use, or safety for the Developer that is

not enjoyed by similarly situated property or Developers with similarly timed

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

development of the same nature or scope; and (d) the variance is based on the

general intent of these Regulations and is deemed to be in the public interest.

(4) Notwithstanding anything to the contrary stated in this section, a variance shall not

be granted: (a) if it would have the effect of preventing the safe, healthy, orderly

development of other land in the area in accordance with these Regulations; (b) an

ad valorem tax delinquency exists regarding the land made the subject of proposed

development; or (c) without the approval of the Commissioners Court acting

through an order entered as a result of a recorded vote in a public meeting held in

compliance with the Texas Open Meetings Act.

§ 4.3 Plat Revision, Vacation, Replat, Amendment, and Cancellation. The County adopts

the plat revision, vacation, replat (without vacation), amendment, and cancellation

standards and procedures described in §§ 232.008, 232.0083, 232.0095, 232.010, 232.101,

and 232.107 of the Texas Local Government Code. All Developers seeking approval of a

replat shall comply with the requirements of these Regulations and Chapter 232 of the

Texas Local Government Code.

§ 4.4 Dormant Plat. Pursuant to § 232.002 of the Texas Local Government Code, if no portion

of the land subdivided under an approved plat is sold or transferred before January 1st of

the 2nd year after the year in which the plat was approved, the approval of the plat expires,

and the developer must resubmit a plat of the subdivision for approval.

ARTICLE 5 – MHRC REGULATIONS

§ 5.1 Manufactured Home Rental Community Regulations. Pursuant to § 232.007 of the

Texas Local Government Code, the Commissioners Court approves and adopts the

following Regulations for Manufactured Home Rental Communities (“MHRC”).

(A) Application. These standards and requirements shall apply to all MHRC development

projects located in the unincorporated area of Ector County, Texas.

(1) The County’s MHRC application form is described in the Appendix/SAATS

Manual/Exhibit B and provided at no cost to the public at the office of the

County’s Director of Planning and Development at the notice address described in

§ 1.3 of these Regulations. That form describes all required documents for

submission by the Developer to the County for a completed MHRC application.

(2) A completed MHRC application shall constitute: (a) the fully completed and

executed application; (b) the required infrastructure development plan (or “plan”)

and all supporting documents as herein described; and (c) written evidence (in the

form of a tax certificate or other tax entity issued document) showing that an ad

valorem tax liability does not exist on the land made the subject of the MHRC

development project.

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

(B) Infrastructure Development Plan. Construction and occupancy of an MHRC may not begin

before the plan has been approved by the County, as follows:

(1) Drainage. The plan shall provide adequate drainage for the MHRC, including

without limitation: (a) the provision of adequate drainage for the MHRC, including

all streets or roads therein, in accordance with standard engineering practices; (b)

the specification and provision of necessary drainage culverts and other drainage

facilities for the MHRC; (c) the identification of all areas of the MHRC located in

the floodplain; (d) providing that any additional drainage runoff will not damage

adjacent properties; and (e) providing drainage detention facilities where needed to

prevent damaging flooding and runoff. The drainage requirements for the MHRC

shall be in compliance with the following standards: all drainage requirements

described for subdivisions in these Regulations.

(2) Water. The plan shall describe and specify: (a) the provision of an adequate public

or community drinking water supply to the MHRC in accordance with minimum

state standards and as required and described for subdivisions in these Regulations;

(b) the location of all facilities and supply lines for said water supply in accordance

Subchapter C, Chapter 341 of the Texas Health and Safety Code; (c) private water

systems serving up to a maximum of 14 connections from a single well and not

classified as a public well, or any other type of private water service to individual

units, meeting the requirements of and approved by the Ector County Health

Department and in accordance with County and State regulations; and (d) that the

conveyance of potable water by transport truck or other mobile device to supply

the domestic needs is not an acceptable method, except on an emergency basis --

and the absence of a water system meeting these standards due to the negligence of

the Developer is not an emergency.

(3) Sewer, Septic, OSSF. The plan shall describe and specify the provision of access

of the MHRC to sanitary sewer or septic facilities and lines (including OSSF), in

accordance with minimum state standards and as required and described for

subdivisions in these Regulations, and including: (a) providing and identifying the

location of all sanitary sewer facilities and lines; (b) providing and identifying

adequate sewer, septic, or OSSF facilities and lines in accordance with Chapter

366, of the Texas Health and Safety Code; (c) compliance with the County's active

sewer, drainage, septic, or OSSF regulations; (d) compliance with the County's

active floodplain management regulations; and (e) compliance with state and federal

law.

(4) Survey. The plan shall contain a land survey of the MHRC performed by a Texas

registered professional land surveyor (on the ground), and shall identify and

describe all information or components as required and described for subdivisions

in these Regulations, including without limitation: (a) the proposed MHRC

boundaries, and any significant features located therein; (b) the proposed location

of all spaces, lots, or other divided parts of the MHRC; (c) the proposed or existing

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

utility, road, and drainage easements; (d) all land of the development project

located in a floodplain; and (e) the dedications of easements and rights-of-way, if

any.

(5) Roads. The plan shall identify and describe all roads, streets, and bridges in the

MHRC, in the manner as required for subdivisions in these Regulations, including

without limitation: (a) the roads, streets, and bridges shall be designed and

constructed to comply with standards and requirements, and to provide ingress and

egress for fire and emergency vehicles, in the manner as required and described for

subdivisions in these Regulations; (b) all roads, drives, aisles, or other divided parts

serving as rental spaces in the MHRC shall be identified, and said divided parts

serving as rental spaces located more than 150 feet from a paved roadway shall be

paved to provide ingress/egress under all weather conditions for fire and

emergency vehicles; and (c) said roads, drives, aisles, or other divided parts shall

be constructed in accordance the requirements of residential driveways described

in the Appendix/SAATS Manual.

(1) The plan and all other documents submitted to the County to support a request for

MHRC infrastructure development plan approval and MHRC occupancy and

operation, must be truthful, accurate, correct, and prepared in compliance with the

requirements (including methodology) prescribed by law and these Regulations,

including the applicable statutes and regulations of the State of Texas and federal

government (and the administrative agencies thereof), and the County’s active

flood damage prevention order or other floodplain management regulations, sewer,

septic, OSSF or other wastewater regulations, or other land development

regulations.

(2) Regarding the submitted MHRC plan, the Developer shall demonstrate lawful

compliance with: (a) all applicable requirements of these Regulations; (b) the

County’s floodplain, water, drainage, sewer, and/or septic regulations; (c) if

applicable, the regulations of ECUD as a water supplier to the MHRC development

(if applicable), or the regulations of the Water District (if any) having territorial

jurisdiction regarding water wells and related permits for the land of the MHRC,

including compliance with the permitting, registration, use, spacing, and pumping

requirements of said district; (d) the electric and gas utility service provider

regulations or requirements for the MHRC, with the inclusion of a provider

certification on the plan showing that electric and gas utility service will be

available to all lots or spaces in the MHRC and (e) minimum state standards for

water/wastewater service to all lots or divided spaces in the MHRC.

(D) Signature and Completeness. The MHRC application and proposed plan shall be: (1)

signed, dated, approved, and acknowledged by the Developer; and (2) signed, dated,

approved, and stamped by the Developer’s Texas Registered Professional Engineer and

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

Texas Registered Professional Land Surveyor. The MHRC application and plan are

considered complete when all applicable documents or other information required by the

Regulations is received by the County.

(E) Submission and Fees. The original and 2 copies of the fully executed and complete MHRC

application and proposed MHRC plan (being fully executed, complete and in compliance

with these Regulations), and with required fees, shall be submitted by the Developer to the

County’s Director of the Planning and Development at the notice address described in §

1.3. The Developer shall meet with said Department’s representative within 14-days after

submission of the plan for the purpose of a preliminary review and discussion of the

proposed development project, the proposed plan, and all documents to support the plan

submission.

(F) Fee Schedule. A reasonable fee schedule is adopted and approved for MHRC development

as described in Appendix/SAATS Manual/Exhibit C. The fees (except recording fees)

must be paid to the County before the County conducts a review of the proposed

development project.

(G) County Review. The County (through its designee) shall review the plan and thereafter

shall approve or reject the plan in writing pursuant to the procedures described in § 232.007

of the Texas Government Code. The County may deny the MHRC and its proposed plan

if: (a) the plan does not comply with these Regulations; (b) the required fees are not paid;

or (c) a delinquent ad valorem tax liability exists for the land made the subject of the

MHRC. If the plan is approved, all infrastructure and development of the MHRC must be

constructed in compliance with the plan. If the plan is rejected, the written rejection shall

specify the reasons for the rejection. If the plan is approved, the County designee shall so

certify on the plan, and shall acknowledge the plan. The plan shall be filed and recorded in

the Office of the County Clerk by the Developer on or before 7-days from the date of plan

approval.

(H) Construction and Occupancy. Construction of the MHRC may not begin (and the MHRC

may not be occupied by tenants or lessees) before the date the plan is approved by the

County. The County may require inspection of the infrastructure during or on completion

of construction. If the inspector determines that the infrastructure complies with the plan,

the County shall issue the MHRC Certificate of Compliance in accordance with § 232.007

of the Texas Local Government Code.

(I) Utility Service. A utility may not provide utility services (including water, sewer, gas, and

electric services) to an MHRC subject to an approved infrastructure development plan, or

to a manufactured home in the MHRC, unless the owner provides the utility with a copy

of the MHRC Certificate of Compliance issued by the County. As used in this paragraph,

“utility” means: (1) a municipality that provides utility services; (2) a municipality owned

or municipally operated utility that provides utility services; (3) a public utility that

provides utility services; (4) a nonprofit water supply or sewer corporation organized and

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

operating under Chapter 67 of the Texas Water Code, that provides utility services; (5) a

county that provides utility services; (6) a special district or authority created by state law

that provides utility services; or (7) other utility described in the Regulations.

§ 5.2 MHRC Variance. The Commissioners Court or its designee may grant a variance from

these MHRC standards and requirements pursuant to the variance procedures described in

§ 4.2 of the Regulations.

ARTICLE 6 – ENFORCEMENT AND INSPECTION

§ 6.1 Enforcement. All applicable civil enforcement remedies and penalties, criminal

enforcement remedies and penalties, and litigation recovery rights (whether legal,

equitable, or mixed) authorized by these Regulations, or by Texas or federal law, are hereby

adopted, approved and shall be implemented for a violation or threatened violation of these

Regulations, including without limitation the following enforcement authority: Chapters

232, 233, and 235 of the Texas Local Government Code; Chapter 12 of the Texas Property

Code; Chapter 16, Subchapter I, of the Texas Water Code; the County’s active floodplain

management regulations; the County’s active sewer, septic, or OSSF regulations; and all

other enforcement authority described in these Regulations. Nothing contained in these

Regulations shall prevent the County from taking necessary or desired action to prevent or

remedy a violation or threatened violation of these Regulations as allowed by law.

§ 6.2 Inspection. The County’s officers, employees, agents, or consultants, as determined by

the Commissioners Court, are authorized to: inspect proposed or active development

projects to determine compliance with these Regulations; and make recommendations to

the Commissioners Court regarding violations or threatened violations of the Regulations

or other applicable authority pertaining to land development in the unincorporated area of

Ector County, Texas.

[END OF REGULATIONS]

Subdivision and MHRC Regulations for Ector County, Texas

Effective Date: December 28, 2022

CERTIFICATE OF ADOPTION

APPROVED BY: The Commissioners Court of Ector County, Texas

ADOPTED: December 28, 2022

I, Debi Hays, the undersigned, being the County Judge of Ector County, Texas and the

Presiding Officer of the Commissioners Court of Ector County, Texas (“Commissioners Court”),

do hereby certify that the above and foregoing instrument (with its attached Appendix) is the

Subdivision and Manufactured Home Rental Community Regulations for Ector County, Texas

(“Regulations”), which instrument was duly considered, approved, and adopted by the

Commissioners Court at a public meeting duly convened and conducted on this date. Copies of

the Regulations may be obtained from the official minutes of the Commissioners Court filed with

and maintained by the County Clerk of Ector County, Texas, or reviewed and downloaded from

the internet website of said county at www.co.ector.tx.us.

EXECUTED on the 28

day of December, 2022.

______________________________

Hon. Debi Hays, County Judge

Ector County, Texas

ATTEST:

______________________________

County Clerk or Deputy County Clerk

Ector County, Texas

APPENDIX/SUBDIVISION APPLICATION,

APPROVAL, AND TECHNICAL SPECIFICATIONS

(“SAATS”) MANUAL TO:

SUBDIVISION AND MANUFACTURED HOME

RENTAL COMMUNITY REGULATIONS FOR

ECTOR COUNTY, TEXAS

EFFECTIVE DATE: DECEMBER 28, 2022

APPENDIX/SAATS MANUAL: EXHIBIT A

ECTOR COUNTY, TEXAS – SUBDIVISION PLAT APPLICATION FORM

DATE: COMMISSIONER PRECINCT:

PROPOSED SUBDIVISION:

TRACT SIZE AND LOCATION:

TOTAL NUMBER OF LOTS:

NAME OF NEAREST PUBLIC ROAD(S):

CHECK ALL THAT APPLY:

☐ WATER WELL ☐ OTHER

☐ NATURAL GAS ☐ OTHER

OWNER/APPLICANT: ENGINEER:

Address: Address:

Telephone: Telephone:

Email: Email:

SURVEYOR:

Address:

Telephone:

Email:

1. Regarding a proposed subdivision, the following documents are required to be submitted for review at the time

of the Plat Application (“Application”): all documents required for subdivision plats by the active Subdivision

and Manufactured Home Rental Community Regulations for Ector County, Texas (“Regulations”), the contents

of which are incorporated by reference, said documents being described in the attached Documents List for

Subdivision Plat Application. Please attach all required documents to this Application and add additional

sheets, if necessary.

2. You must timely submit this Application and all required documentation to the following public office as

described in the regulations: Director of Planning and Development Department for Ector County, 1010 E. 8

Street Suite #114, Odessa, Texas, 79761.

3. Will the Developer seek a variance from the Commissioner’s Court?

☐ Yes

☐ No. If Yes, identify and describe all issues to support the variance requested pursuant to the

Regulations and attach all supporting documents to this Application, including an estimate of the cost of the

variance items requested, if any.

4. Will any land, improvements, roads, streets, utility or transportation infrastructure, or facilities be dedicated

to public use?

☐ Yes ☐ No. If Yes, identify them and attach all reports, plans, drawings, and specifications related to

those dedicated improvements, infrastructure, or facilities. Proof of ownership of any off-site dedications or

easements associated with the plat are required.

5. Will the subdivision be served by private water (including groundwater or surface water) facilities or

wastewater (including septic or OSSF) facilities?

☐ Yes ☐ No. If Yes, identify them and attach all reports, plans, drawings, and specifications related to

those improvements, infrastructure, or facilities:

6. Will the subdivision require a permit or other approval by another government or private entity?

☐ Yes ☐ No. If Yes, identify all such entities and attach copies of any active permits obtained from

those entities for the proposed development:

7. Is the proposed development located in an area of special flood hazard or floodway described by federal

or state data sources, including a FEMA floodplain map?

☐ Yes ☐ No. If Yes, identify all areas of special flood hazard or floodways in which all or part of the

proposed development is located:

8. Have you paid all permit fees required by the County or other government of private entity for the proposed

development?

☐ Yes ☐

No. If No, please explain why you have not done so:

9. Does a delinquent tax liability or tax lien exist on the real property being subdivided?

☐ Yes ☐ No. If Yes, please identify those matters and attach documents from the appropriate

governmental taxing entity describing the tax delinquency or lien:

If NO, attach documents from the appropriate governmental taxing entities showing that no tax

delinquency exists on the real property made the subject of the proposed development.

10. Please note the following:

(a) Do you choose to participate in the County’s Voluntary Preliminary Review procedure described § 3.7 of

the Regulations? ☐ Yes ☐ No. If Yes, please attach: (i) the required written notice to the County regarding

that Developer’s decision; and (ii) all preliminary documents (i.e., concept plan, site plan, preliminary plat

or other documents deemed by you relevant regarding the development project) that you request the County

to review for the voluntary preliminary review procedure.

(b) Do you choose to participate in the County’s Short-Form Plat procedure described in § 3.8 of the

Regulations? ☐ Yes ☐ No. If Yes, please attach all documents: (i) showing that the proposed subdivision

qualifies for the Short-Form Plat procedure; and (ii) required by the Regulations for Short-Form Plat

procedure submission and approval.

plat pursuant to the procedure described in § 4.3 of the Regulations? ☐ Yes ☐ No. If Yes, please attach

all documents: (i) explaining and showing the lot or lots to be affected by requested procedure; and (ii)

which support the submission and approval of the requested procedure pursuant to the Regulations.

I, THE OWNER/APPLICANT NAMED BELOW, CERTIFY THE FOLLOWING:

I have read the active Subdivision and Planning and Development Regulations for Ector County, Texas. All

documents required by the regulations have been prepared by me or on my behalf and are attached to this

application, including full payment to the County, by cashier’s check or money order, for all required fees.

Owner/Applicant Signature

Printed Name:

Title:

Date:

Receipt by County

Received By:

Printed Name:

Title:

Ector County, Texas

Date:

DOCUMENT LIST FOR SUBDIVISION PLAT APPLICATION

Regarding a proposed subdivision development project as described in the Regulations, the following documents are

required to be submitted with the Subdivision Plat Application Form:

(a) a complete and executed Plat Application in compliance with the Regulations, with all required

documents and payment of fees;

(b) a proposed subdivision plat which is fully executed, certified, and acknowledged by the proper parties

designated in the Regulations – but excluding from compliance at Plat Application submission the following matters

(i) the signatures, acknowledgements, and/or certifications of the County Judge, County Clerk, and County

consulting engineer, and (ii) the filing or recordation of the plat;

Regulations regarding required plat formatting and other information, including without limitation: (i) property

description, identifying data, and signatures; (ii) survey data; (iii) metes and bounds descriptions; (iv) lot, block,

and other part dimensions; (v) water (including groundwater and surface water), sewer, and OSSF facility and

service disclosures; (vi) drainage plan; (vii) topographical descriptions with contour lines; (viii) road, driveway,

lot, frontage, and floodplain descriptions; (ix) utility connection requirements; (x) purchase contract disclosure; (xi)

compliance with the water availability requirements of the Regulations; (xii) compliance with the active regulations

of the Water District, if any, with territorial jurisdiction regarding all or part of the proposed land of the subdivision

if groundwater is the source of the water for the subdivision; (xiii) lien subordination; and (xiv) plat execution and

certification;

(d) a proposed subdivision plat and all supporting documents describing and demonstrating compliance with

utility connection and plat certification requirements of the Regulations;

(e) a proposed subdivision plat and all supporting documents describing and demonstrating compliance with the

rchase contract disclosure obligation of the Developer regarding water availability implementation;

(f) a proposed subdivision plat and all supporting documents describing and demonstrating compliance with the

express limitations (and related, mandatory plat certification requirements) state in the Regulations regarding the

County’s construction and maintenance obligations, if any, regarding any land, road, easement, improvement,

facility, or other property (i) dedicated to public use on the plat, or (ii) private property described on the plat;

(g) a proposed subdivision plat and all supporting documents describing and demonstrating compliance with the

minimum standards described in the Regulations, including: (i) compliance with federal and state law requirements,

including minimum state standards regarding water (including groundwater and surface water), sewer, septic, OSSF

and related facilities; (ii) compliance with specific property description, identifying data , and proper signature

requirements; (iii) compliance with specific survey data requirements; (iv) compliance with specific lot and

block dimension requirements; (v) compliance with the water availability requirements and wastewater

requirements of the Regulations; (vi) compliance regarding a reasonable drainage plan for the

subdivision, including the management of storm water runoff, pursuant to the standards described in the

Regulations; (vii) compliance with specific topographical description requirements; (viii) compliance with

specific road/driveway, lot frontage, and floodplain management requirements; and (ix) compliance with the

development standards and requirements described in the Regulations;

(h) a proposed subdivision plat and all supporting documents describing and demonstrating compliance with

the bond or other financial security requirements in the Regulations;

(i) a tax certificate or other sufficient documentation from the appropriate governmental taxing entities showing

that no tax delinquency exists on the real property made the subject of the proposed subdivision development;

(j) documents showing payment of all required fees; and

(k) documents supporting your answers to Items (1) through (10) above.

APPENDIX/SAATS MANUAL: EXHIBIT B

ECTOR COUNTY, TEXAS – MANUFACTURED HOME RENTAL

COMMUNITY (MHRC) APPLICATION FORM

DATE: COMMISSIONER PRECINCT:

PROPOSED MHRC:

TRACT SIZE AND LOCATION:

TOTAL NUMBER OF LOTS, PARKS OR SPACES:

NAME OF NEAREST PUBLIC ROAD(S):

CHECK ALL THAT APPLY:

☐ WATER WELL ☐ OTHER

☐ NATURAL GAS ☐ OTHER

OWNER/APPLICANT: ENGINEER:

Address: Address:

Telephone: Telephone:

Email: Email:

SURVEYOR:

Address:

Telephone:

Email:

1. Regarding a proposed MHRC, the following documents are required to be submitted to Ector County

(“County”) for review at the time of the MHRC Application (“Application”): all documents required for

MHRC by the active Subdivision and Manufactured Home Rental Community Regulations for Ector County,

Texas (“Regulations”), the contents of which are incorporated by reference, said documents being described in

the attached Documents List for MHRC Application. Please attach all required documents to this Application

and add additional sheets, if necessary.

2. You must timely submit this Application and all required documentation to the following public office as

described in the regulations: Director of Planning and Development Department for Ector County, 1010 E. 8

Street Suite #114, Odessa, Texas, 79761.

3. Will the Developer seek a variance from the Commissioner’s Court?

☐ Yes

☐ No. If Yes, identify and describe all issues to support the variance requested pursuant to the

Regulations and attach all supporting documents to this Application, including an estimate of the cost of the

variance request items requested, if any.

4. Will any land, improvements, roads, streets, utility or transportation infrastructure, or facilities be dedicated

to public use?

☐ Yes ☐ No. If Yes, identify them and attach all reports, plans, drawings, and specifications related to

those dedicated improvements, infrastructure, or facilities. Proof of ownership of any off-site dedications or

easements associated with the plat are required.

5. Will the MHRC require a permit or other approval by another government or private entity?

☐ Yes ☐ No. If Yes, identify all such entities and attach copies of any active permits obtained from

those entities for the proposed development:

6. Is the proposed development located in an area of special flood hazard or floodway described by federal

or state data sources, including a FEMA floodplain map?

☐ Yes ☐ No. If Yes, identify all areas of special flood hazard or floodways in which all or part of the

proposed development is located:

7. Will the MHRC be served by private water (including groundwater or surface water) facilities or wastewater

(including septic or OSSF) facilities?

☐ Yes ☐ No. If Yes, identify them and attach all reports, plans, drawings, and specifications related to

those improvements, infrastructure, or facilities:

8. Will the MHRC be served by a public water or sewer system?

☐ Yes ☐ No. If Yes, identify the public service suppliers and attach all reports, plans, drawings, and

specifications related to those improvements, infrastructure, or facilities.

9. Is the proposed development located in an area of special flood hazard or floodway described by federal

or state data sources, including a FEMA floodplain map?

☐ Yes ☐ No. If Yes, please provide elevation certificate.

10. Have you paid all permit fees required by the County or other government of private entity for the proposed

development?

☐ Yes ☐

No. If No, please explain why you have not done so:

11. Does a delinquent tax liability or tax lien exist on the real property being subdivided?

☐ Yes ☐ No. If Yes, please identify those matters and attach documents from the appropriate

governmental taxing entity describing the tax delinquency or lien:

If NO, attach documents from the appropriate governmental taxing entities showing that no tax

delinquency exists on the real property made the subject of the proposed development.

12. Please note the following:

(a) Pursuant to the definition of a “Manufactured Home” in § 2.1(C)(21) of the Regulations, please

identify with specificity the number, type, and construction characteristics of the manufactured homes

to be placed in the proposed MHRC development site:

(b) Pursuant to the definition of a “Manufactured Home Rental Community” in § 2.1 (C)(22) of the

Regulations, please identify:

i. the contract terms of the lease or rental agreements proposed for the MHRC development

site, and attach a blank copy of such an agreement, if available:

ii. whether a rental or lease agreement with a contract term of more than 60-months, or a

purchase option contract of any length, will be used to support an occupancy agreement for

a lot, space, or divided part in the MHRC development site:

; and

iii. whether fee simple or other title to a lot, space, or other divided part in the MHRC

development site will be sold, granted, or conveyed by deed, contract for deed, or other

executory contract to a willing buyer, donee, or other grantee:

I, THE OWNER/APPLICANT NAMED BELOW, CERTIFY THE FOLLOWING:

I have read the active Subdivision and Planning and Development Regulations for Ector County, Texas. All

documents required by the regulations have been prepared by me or on my behalf and are attached to this

application, including full payment to the County, by cashier’s check or money order, for all required fees.

Owner/Applicant Signature

Printed Name:

Title:

Date:

Receipt by County

Received By:

Printed Name:

Title:

Ector County, Texas

Date:

DOCUMENT LIST FOR MHRC APPLICATION

The following documents shall be submitted with the MHRC Application Form, as required by the Regulations:

(a) a complete and executed MHRC Application in compliance with the Regulations, with all required

documents and payment of fees;

(b) a proposed infrastructure development plan (“Plan”) as described by the Regulations, which is fully executed,

certified, and acknowledged by the proper parties (including the Developer and its engineer and surveyor)

designated in the Regulations – but excluding from compliance at MHRC Application submission the following

matters (i) the signatures, acknowledgements, and/or certifications of the County’s representatives, and (ii) the filing

or recordation of the Plan;

water, and wastewater requirements of the Regulations, including without limitation providing accurate descriptions

and specifications regarding: (i) adequate drainage for the MHRC, including all streets or roads therein, in

accordance with standard engineering practices; (ii) necessary drainage culverts and other drainage facilities for the

MHRC; (iii) areas of the MHRC located in the floodplain; (iv) the provision of an adequate public or community

water supply to the MHRC; in accordance with minimum state standards and the Regulations; (v) the location of

all facilities and supply lines for said water supply in accordance with the Subchapter C, Chapter 341 of the Texas

Health and Safety Code; (vi) compliance with the active regulations of Water District, if any, with territorial

jurisdiction regarding all or part of the proposed MHRC development site if groundwater is the source of water for

the MHRC; (vii) the provision of access of the MHRC to sanitary sewer or septic facilities and lines, in accordance

with minimum state standards – and including (1) providing and identifying the location of all sanitary sewer

facilities and lines and (2) providing and identifying adequate OSSF sewage facilities and line in accordance with

Chapter 366 of the Texas Health and Safety Code; and (viii) compliance with the road, driveway, and road access

requirements of the Regulations.

(d) a proposed Plan and all supporting documents describing and demonstrating compliance with all land survey

requirements of the Regulations, including: (i) an accurate description of the proposed MHRC boundaries, and any

significant features located therein; (ii) the proposed location of all spaces, lots, or other parts of the MHRC; (iii)

the proposed or existing utility, road, and drainage easements; and (iv) the dedications of easements and right-of-

ways, if any;

(e) a proposed Plan and all supporting documents describing and demonstrating compliance with the road

requirements of the Regulations, including without limitation providing accurate descriptions and specifications

regarding all roads to be located in the MHRC, with said roads to be constructed in compliance with the road and

street standards and requirements described in these regulations for subdivisions;

(f) a proposed Plan and all supporting documents describing and demonstrating compliance with all applicable

requirements of: (i) the Regulations; (ii) state and federal law; (iii) the County’s active floodplain management,

sewer, drainage, septic, or OSSF regulations;

(g) a proposed Plan and all supporting documents describing and demonstrating the Developer’s knowledge of,

and expressed intent to comply with the specific restrictions described in the Regulations regarding the prohibited:

(i) construction and/or occupancy of the MHRC prior to issuance by the County of the MHRC compliance

certificate; and (ii) provision of utility services to the MHRC subject to an infrastructure development plan, or to a

manufactured home in the MHRC, unless the owner provides the utility with a copy of the MHRC compliance

certificate issued by the County;

(h) a tax certificate or other sufficient documentation from the appropriate governmental taxing entities showing

that no tax delinquency exists on the real property made the subject of the proposed MHRC development;

(i) documents showing payment of all required fees; and

(j) documents supporting your answers to Items (1) through (12) above.

APPENDIX/SAATS MANUAL: EXHIBIT D

PLAT CERTIFICATIONS AND NOTES

(A) Certification and Affidavit of Developer.

The undersigned Developer of the real property made the basis of the ____________________

(“Subdivision”) made the subject of this subdivision plat, and pursuant to the active Subdivision

and Manufactured Home Rental Community Regulations of Ector County, Texas

(“Regulations”), does hereby certify the following: (1) this plat and its attached documents are

in compliance with the Regulations; (2) the representations on this plat and its attached

documents are true and correct; (3) the Developer shall comply with the Regulations regarding

the development of the Subdivision; (4) all dedicated real property, roads, streets, easements,

improvements, facilities, or other property described on this plat are dedicated to the use and

benefit of the public forever; and (5) lienholder consent and lien subordination has been obtained

regarding all public dedications shown on this plat, and the lienholder consent and subordination

documents are attached to this plat and incorporated by reference.

EXECUTED on this the ___ day of ____________________, __________.

Developer: ______________________________

By: ____________________________________

Printed Name: ____________________________

Title: __________________________________

SWORN TO AND SUBSCRIBED before me, the undersigned authority, on this the ___ day of

____________________, __________.

______________________________

Notary Public/State of Texas

My Commission Expires: _______________

Notary Seal

THIS INSTRUMENT WAS ACKNOWLEDGED before me, the undersigned authority, on

this the day of , , by , the

of _______________________, by and on behalf of said

_____________________________.

______________________________

Notary Public/State of Texas

My Commission Expires: _______________

Notary Seal

(B) Certification of Developer’s Surveyor.

I, the undersigned Texas Registered Professional Land Surveyor for the Developer named in and

executing this subdivision plat, and on behalf of said Developer, do hereby certify the following:

(1) this subdivision plat and its attached documents represent a true and accurate survey on the

ground made by me of the real property made the basis of this plat; (2) all required survey

monuments are correctly shown on this plat: (3) all existing easements and rights of way are

shown on this plat according to documents of record or apparent circumstances observed on the

land; (4) the perimeter field notes are accurately tied to an original corner of the original survey;

(5) this plat and its attached documents comply with and satisfy all surveying and plat drafting

requirements described in the active Subdivision and Manufactured Home Rental Community

Regulations for Ector County, Texas; and (6) all surveying representations on this plat and its

attached documents are true, correct, and in compliance with the current standards of registered

professional land surveying practice in the State of Texas.

EXECUTED on this the ___ day of ____________________, __________.

_____________________________________________________

Name

Printed Name: _______________________________________

Texas Registered Professional Land Surveyor No.__________________

Texas Registered Professional Land Surveyor Seal

I, the undersigned Texas Licensed Professional Engineer for the Developer named in and

executing this subdivision plat, and on behalf of said Developer, do hereby certify the following:

(1) this subdivision plat, its attached documents, and the subdivision identified in this plat, are in

compliance with and satisfy all engineering requirements of the Subdivision and Manufactured

Home Rental Community Regulations for Ector County, Texas (“Regulations”); (2) all

engineering, design, and construction representations or requirements in this plat and its attached

documents (including without limitation those pertaining to drainage, road, water, and

wastewater matters) are true, correct, and in compliance with the current standards of licensed

professional engineering practice in Texas and the requirements of the Regulations.

EXECUTED on this _____ day of _____________, __________.

_____________________________________________________

Name

Printed Name: ___________________________________

Texas Licensed Professional Engineer No. _______________________

Licensed Professional Engineer Seal

All plats shall contain the following notes:

Subdivision design, layout and construction shall be done to minimize any adverse impact to

private property, public property, all easements, and all public or private rights-of-way either

within or outside this subdivision. Provisions must be made to assure that no adverse impact is

made to existing drainage systems within public rights-of-way shown on this plat. All drainage

design, layout and construction shall comply with all applicable laws of the State of Texas and

the United States of America.

Property owners of land in this subdivision may not utilize drainage easements for any purpose

detrimental to the intended use of the easement. No objects including but not limited to

buildings, fences, or landscaping, shall be allowed in a drainage easement except as approved by

Ector County, Texas.

(D) Certification by Ector County Staff Regarding OSSF Facilities and Related Note.

I, the undersigned Ector County development staff member, do hereby certify the following: (1)

the subdivision described in this plat shall comply with the active Subdivision and Manufactured

Home Rental Community Regulations for Ector County, Texas, and the active regulations of the

State of Texas and Ector County, Texas regarding on-site sewage facilities (“OSSF”); and (2)

individual OSSF system approval for lots in this subdivision will be made in conjunction with a

site evaluation with respect to the individual site permitting process, in accordance with the 30

TAC Chapter 285 and other authority.

EXECUTED on this the ____ day of _____________, _________.

______________________________________________________

Name

Print Name: _____________________________________

Title: ___________________________________________

Ector County, Texas

All plats shall contain the following note:

Prior to construction activities regarding any lot in this subdivision, the lot owner shall contact

the Director of Planning and Development of Ector County, Texas. All lots in this subdivision

are required to comply with the then current and active wastewater and OSSF regulations

approved and adopted by Ector County, Texas. Individual OSSF system approval for lots in this

subdivision will be made in conjunction with a site evaluation with respect to the individual site

permitting process, in accordance with the 30 TAC Chapter 285 and other authority.

(E) Certification by Ector County Floodplain Administrator and Related Note.

I do hereby certify the following: (1) the subdivision described in this plat [insert: includes

or does not include] areas within a designated 100-year flood hazard zone according to Flood

Insurance Rate Map No. __________ for Ector County, Texas, dated ____________; [include

the following if said areas are present] and (2) said flood hazard zone areas are accurately

described and depicted on the plat as required by the active Subdivision and Manufactured Home

Rental Community Regulations for Ector County, Texas.

EXECUTED on this the ____ day of _____________, _______________.

___________________________________________________________

Name

Print Name: __________________________________________

Floodplain Administrator

Ector County, Texas

All plats shall contain the following note:

Prior to construction on any lot in this subdivision that includes areas within a designated

100-year flood hazard zone, the owner of said lot shall contact the Ector County Floodplain

Administrator to request a floodplain development permit. The owner of a lot in this

subdivision is responsible for compliance with the active Ector County Flood Damage

Prevention Order or other active floodplain management regulations of said county.

(F) Certification by Director of Planning and Development of Ector County, Texas and

Related Note.

I do hereby certify that this subdivision plat is in compliance with and satisfies all requirements

of the active Subdivision and Manufactured Home Rental Community Regulations for Ector

County, Texas.

EXECUTED on this the ____ day of _______________________, __________.

______________________________________________________________

Name

Print Name: _____________________________________________

Director of Planning and Development

Ector County, Texas

All plats shall contain the following note:

Prior to construction on any lot in this subdivision, the lot owner shall contact the Director of

Planning and Development of Ector County, Texas to request a driveway construction permit.

The lot owner is responsible for construction of any driveway in accordance with the active

regulations of said county.

(G) Certification by County Engineer.

I, the undersigned Texas Licensed Professional Engineer for Ector County, Texas, and on behalf

of said County, do hereby certify the following: (1) this subdivision plat, its attached documents,

and the subdivision identified in this plat, are in compliance with and satisfy all engineering

requirements of the Subdivision and Manufactured Home Rental Community Regulations for

Ector County, Texas (“Regulations”); (2) all engineering, design, and construction

representations or requirements in this plat and its attached documents (including without

limitation those pertaining to drainage, road, water, and wastewater matters) are in compliance

with the current standards of licensed professional engineering practice in Texas and the

requirements of the Regulations.

EXECUTED on this _____ day of _____________, __________.

_____________________________________________________

Name

Printed Name: ___________________________________

Texas Licensed Professional Engineer No. _______________________

Engineer for Ector County, Texas

Licensed Professional Engineer Seal

(H) Certification of County Judge and Related Note.

I, the undersigned, the County Judge of Ector County, Texas and the Presiding Officer of the

Commissioners Court of Ector County, Texas (the governing body of said county), do hereby

certify the following on behalf of said county and Commissioners Court: (1) this plat of the

named _________________________________ Subdivision has been submitted to and

considered by the Commissioners Court of Ector County, Texas and is hereby approved on this

the ____ day of ____________________, __________ at ________ ___.m. by said

Commissioners Court through a recorded vote in a public meeting in accordance with Chapter

232 of the Texas Local Government Code, Chapter 551 of the Texas Government Code (the

Texas Open Meetings Act), and other authority; and (2) this plat is authorized for filing and

recording with the County Clerk of Ector County, Texas pursuant to and in compliance with the

active Subdivision and Manufactured Home Rental Community Regulations for Ector County,

Texas, Section 12.002 of the Texas Property Code, and other authority.

EXECUTED on this the ____ day of _____________, _____________

__________________________________________________________

Name

Print Name: _________________________________________

County Judge

Ector County, Texas

ATTEST:

___________________________________________________________

Name

Print Name : __________________________________________

County Clerk or Deputy County Clerk

Ector County, Texas

Commissioners Court Seal

All plats shall contain the following note:

Ector County, Texas hereby expressly states the following regarding water availability regarding

the subdivision described by this plat:

(1) compliance with the water availability requirements of the active Subdivision and

Manufactured Home Rental Community Regulations for Ector County, Texas does not

ensure that adequate and sufficient groundwater or surface water (including the quantity

or quality of water) is now or ever will be available to service the domestic or other needs

of this subdivision or any lot or divided space therein located; and

(2) no guarantee can be made that adequate and sufficient groundwater or surface water

(including the quantity or quality of water) is now or ever will be available to service the

domestic or other needs of this subdivision or any lot or divided space therein located

(I) Certification of Ector County Clerk.

The County Clerk must: (1) attest and certify the signature of the County Judge on the approved

plat; and (2) show on the plat the date of the Commissioners Court action which approved the

plat and authorized its filing. When the plat is filed and recorded in the Office of the County

Clerk, said clerk must conspicuously mark and record the plat in the plat records or other official

public records of said office, noting on the plat and the internal records of said office the date

and time of filing, and the volume/book and page of the record where the plat was recorded.

Upon “approval” of the plat by the Commissioners Court, the County Clerk shall not in any way

mark, record, recite, or describe the plat as “accepted” by the Commissioners Court. Pursuant to

these Regulations, it shall be expressly understood that “acceptance” of the plat (and/or the land,

roads, easements, improvements, or other property, facilities, or infrastructure dedicated to the

public on the plat), can only occur, if ever, by a subsequent, separate acceptance order being

enacted and approved by the Commissioners Court through a recorded vote at a public meeting

in compliance with the Regulations.

The County Clerk certification is as follows:

Approved by the Commissioners Court of Ector County, Texas, on the ____ day of

____________________, ________, at __________ __.m., by Order No._________________ of

said Commissioners Court.

Filed for record on the _____ day of ____________________, __________ at __________

___.m.

Recorded on the ____ day of ____________________, __________ at ____.m., pursuant to

Instrument No. ____________________ in the _________________________ Records of Ector

County, Texas.

_________________________________________________________________

Name

Print Name: ________________________________________________

County Clerk or Deputy County Clerk

Ector County, Texas

County Clerk Seal

(J) Certification by ECUD or Water District (If Any) and Related Note.

Should ECUD serve as the water provider for, or a Water District exist with territorial

jurisdiction regarding all or part of, the subdivision land area (see § 2.1(14), (44), and (45) of the

Regulations), the following plat certification is required:

I certify that this plat is in compliance with the active regulations of this district as revised on

_______________. ________.

EXECUTED on this the ____ day of __________________, __________.

_____________________________________________________________

Name

Print Name: ___________________________________________

Title: ________________________________________________

[Insert legal name of ECUD or district as applicable]

All plats shall contain the following note should a Water District exist:

All water wells described in this plat or to be constructed, used, and operated in the subdivision

described in this plat shall be in compliance with the active regulations of the

_________________________ [insert name of said Water District].

(K) Note Regarding Development Component Exceeding Minimum Requirements.

All plats shall contain the following note:

Should any component of the development plan for the subject property exceed the minimum

requirements of an applicable federal, state, county, and/or other law or regulation, the owner,

developer, and/or subdivider hereby certifies and confirms that said component has been

included in the plan with the full knowledge, consent, and approval of said owner, developer,

and/or subdivider in the interest of the health, safety, and welfare of the public.

(L) Notes Regarding Limitations on County Construction/Maintenance Obligations.

All plats shall contain the following notes:

(Relating to any public dedication on plat)

For any land, road, easement, improvement, facility, or other property dedicated for public use

on this plat, and upon approval, if any, of this plat by the Ector County Commissioners Court,

Ector County expressly does not accept for construction, operation, or maintenance purposes said

dedicated property. Upon plat approval by said Commissioners Court, the construction,

operation, and maintenance of said dedicated property shall remain the responsibility of its

owner (and not Ector County, Texas) in compliance with the active Subdivision and

Manufactured Home Rental Community Regulations for Ector County, Texas – unless and until,

if ever, said dedicated property is formally accepted for construction, operation, or maintenance

by said Commissioners Court by a separate order of acceptance thereafter approved by said

Court and resulting from a recorded vote at a public meeting.

(Relating to any private land or improvements on plat)

Ector County, Texas expressly does not accept for construction, operation, or maintenance

purposes any land, road, easement, improvement, facility, or other property described on this plat

for private ownership or use. Upon approval of this plat, if any, by the Ector County

Commissioners Court, any such private property shall be owned by and remain the responsibility

its owner, in compliance with the active Subdivision and Manufactured Home Rental

Community Regulations for Ector County, Texas.

(M) Purchase Contract Disclosure Statement.

All plats shall contain the following note:

Pursuant to § 232.003 of the Texas Local Government Code and other authority, each purchase

contract made between a Developer/Subdivider and a purchaser of land in this subdivision shall

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 water will be made available to the

subdivision.

(N) SPECIAL NOTICE TO DEVELOPERS REGARDING OTHER REQUIRED

CERTIFICATIONS AND NOTES.

Developers are hereby advised that other required certifications and notes for inclusion in

submitted subdivision plats and MHRC development plans (based upon certain development

circumstances and issues) are described in the active Regulations, to which reference is made for

all purposes.

Please refer to the Regulations for those other required certifications and notes because the

failure to include a required certification or note on a submitted subdivision plat or Manufactured

Home Rental Community infrastructure development plan can result in the plat or plan being

disapproved. Should questions occur regarding proper subdivision platting, MHRC infrastructure

development plan procedure, or documents for submission to the County, please contact the

County’s Director of Planning and Development at his business office address and telephone

number described in § 1.3 of the Regulations.