SECTION 364.91. Minimum Requirements

Subdivision ordinances adopted by a municipality must be reviewed and modified as necessary to incorporate the minimum standards contained in the model rules set out in Subchapter B of this chapter, including the following:

(1) application of the ordinances to the subdivision of a tract of land within the corporate limits of the municipality and the extraterritorial jurisdiction of the municipality into two or more lots of five acres or less intended for residential purposes;

(2) preparation of a subdivision plat to be approved by the municipality and filed for record with the county clerk after approval;

(3) water supply standards consistent with the standards developed by the commission and set out in 30 TAC Chapter 290.

(4) prohibition of individual water wells or non-public water systems that do not meet the water quality standards developed by the commission and set out in 30 TAC §§290.104, 290.106, 290.108 and 290.109;

(5) wastewater collection and disposal system standards consistent with the standards developed by the commission and set out in 30 TAC Chapters 305 and 317 and in Health and Safety Code, Chapter 366;

(6) prohibition of pit privies, portable toilets, and on-site sewerage facilities that do not meet the wastewater treatment standards developed by the commission and set out in 30 TAC Chapter 285;

(7) setback limitations consistent with local fire code requirements;

(8) prohibition of more than one single family detached dwelling per subdivision lot;

(9) preparation of an engineer's report consistent with §364.52 of this title; and

(10) requirements for posting of a financial guarantee to assure completion of water supply and sewer service facilities required by the approved plat and consistent with this chapter.

Source Note: The provisions of this §364.91 adopted to be effective February 10, 2000, 25 TexReg 800; amended to be effective February 10, 2004, 29 TexReg 1203