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Infrastructure Policies for Manufactured Home Rental Communities

SECTION ONE - GENERAL REQUIREMENTS

A. In approving the Infrastructure Development Plan for Manufactured Home Rental Communities located in Fort Bend County outside the limits of a municipality, the Fort Bend County Commissioners' Court will consider the general welfare of the citizens of Fort Bend County. This will include all the specific items listed below plus other considerations that are important to citizens of the area and Fort Bend County. These will include, but not be limited to, street specifications and widths, traffic patterns and traffic control, drainage and flood protection, sanitary sewers and water systems, recreational facilities, school sites and any other amenity that applies to the area being considered.

B. Authority for these regulations is given in V.T.C.A., Local Government Code § 232.007.

C. All proposed Infrastructure Development Plans for a Manufactured Home Rental Community located within a municipality or its extraterritorial jurisdiction shall be submitted and approved by the applicable planning commission of the proper municipality prior to submission to the Fort Bend Commissioners’ Court.

D. The proposed Infrastructure Development Plan must:

  1. First be submitted to the Fort Bend County Environmental Health Department for approval.
  2. Upon written approval by the Fort Bend County Environmental Health Department, the proposed Infrastructure Development Plan must then be submitted to the Fort Bend County Engineering Department for approval.
  3. Upon written approval by the Fort Bend County Engineering Department, the proposed Infrastructure Development Plan may then be submitted to the Fort Bend County Commissioner’s Court for approval.

E. It shall be unlawful for any person to construct, alter or extend any Manufactured Home Rental Community within the unincorporated areas of Fort Bend County without first obtaining Commissioners’ Court approval of the Infrastructure Development Plan.

F. A Manufactured Home Rental Community may be located upon any property in the unincorporated areas of Fort Bend County provided that:

  1. No valid and applicable deed restrictions or other land use restrictions prohibit the development or use of the site as a Manufactured Home Rental Community;
  2. Soil conditions, ground water level, drainage and topography do not constitute hazards to the resident’s health or safety;
  3. The site is not exposed to objectionable dust, smoke, noise, odors, or other adverse influences; and
  4. The site is not in any flood hazard area.

G. Included with the proposed Infrastructure Development Plan the owner shall submit:

  1. A signed letter of application that stipulates:

    a. The intention of the owner to construct, alter or extend a Manufactured Home Rental Community in Fort Bend County;
    b. The true and rightful owner’s name, address and telephone number. If the owner is a company or corporation, the true and rightful name of the corporation as well as the true and rightful name of the corporation’s principal officer who is responsible for the Manufactured Home Rental Community;
    c. The names, addresses and telephone numbers of all utility providers including gas, water, electrical and wastewater. If sewerage is to be handled on-site, specify the usage and type of on-site sewerage facilities.
  2. Letters signed and dated from all utility providers expressing service commitments and availability along with statements of approval of existing and proposed easements; and
  3. A tax certificate showing that all taxes currently due with respect to the original tract of land have been paid.

H. Definitions

  1. "Manufactured home rental community" 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, for the installation of manufactured homes for use and occupancy as residences.
  2. "Business day" means a day other than a Saturday, Sunday, or holiday recognized by this state.
  3. "Manufactured housing or manufactured home" shall mean a HUD-code manufactured home or a mobile home and collectively means and refers to both.
  4. "HUD-code manufactured home" shall mean a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation.
  5. "Mobile home" shall mean a structure constructed before June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation.
  6. "Lot" shall mean a plot of ground within a Manufactured Home Rental Community designed for the accommodation of one (1) manufactured home.

I. A manufactured home rental community is not a subdivision and V.T.C.A. Local Government Code Sections 232.001-232.006 do not apply to the community.

J. The true and rightful owner or proprietor of the tract or the owner's or proprietor's agent must acknowledge the Infrastructure Development Plan in the manner required for the acknowledgment of deeds.

K. The Infrastructure Development Plan must be filed and recorded with the Fort Bend County Clerk.

SECTION 2 - SITE DRAINAGE CRITERIA

A. A Manufactured Home Rental Community shall be located on a well drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

B. All tracts deeper than one hundred and fifty feet (150') measured from the right of way line of a public road shall have an internal drainage system. The internal drainage system shall collect all site runoff beyond one hundred and fifty feet (150') from the right of way into a storm drainage system that shall connect to the public drainage facilities in the area. The one hundred and fifty foot (150') area adjacent to the public right of way may sheet flow to the roadway drainage system if the roadway system is adequate to accommodate the additional sheet flow from the Manufactured Home Rental Community.

C. The site drainage outfall shall connect to the nearest existing drainage system with adequate capacity to serve the drainage area. Where extension of the existing drainage system is required, all cost for the extension shall be the sole responsibility of the Manufactured Home Rental Community. Outfall systems and rates of discharge must comply with the requirements of the Fort Bend County Drainage Criteria Manual.

D. All internal drainage facilities must be designed by a Registered Professional Engineer and shall be sized to adequately drain the Manufactured Home Rental Community. Drainage calculations shall be submitted with the Infrastructure Development Plan. Where the site drains directly into a state or city or other flood control entity maintained right of way, the appropriate entity shall approve the Infrastructure Development Plan prior to submission to the Fort Bend Commissioners’ Court.

E. All outfall drainage channels must be contained within permanent drainage easements.

F. The Infrastructure Development Plan shall have a note requiring that all drainage easements be kept clear of fences, buildings, vegetation and other obstructions for the purpose of the operation and maintenance of the drainage facility. The Infrastructure Development Plan shall also have a note requiring all property to drain into the drainage easement only through an approved drainage structure.

SECTION 3 - PUBLIC OR COMMUNITY WATER SUPPLY

A. Construction and sizing of all water mains and appurtenances shall meet or exceed the requirements of the Texas Department of Health, the Texas State Board of Insurance and V.T.C.A., Health & Safety Code, Chapter 341, including Subchapter C

B. The location of all water lines including individual residence lot supply lines shall be shown on the Infrastructure Development Plan.

  1. Where a sanitary sewer parallels the water line, the sanitary sewer shall be constructed of ductile iron pipe, or PVC pipe meeting AWWA specifications, having a minimum working pressure rating of one hundred fifty pounds per square inch (150 psi) or greater and be equipped with pressure type of joints.
  2. The water line and sanitary sewer shall be separated by a minimum vertical distance of two feet (2') and a minimum horizontal distance of four feet (4'), measured between the nearest outside diameters of the pipes. The water line shall be located above the sanitary sewer.
  3. Where a sanitary sewer crosses the water line, and that portion of the sewer line within nine feet (9') of the water line is constructed as given above, the water line may be placed no closer than six inches (6") from the sanitary sewer.
  4. The minimum depth of cover of main supply lines shall be twenty-four inches (24") and the minimum depth of cover of the distribution lines shall be sixteen inches (16").
  5. All public water lines shall be contained within dedicated easements.

SECTION 4 - ON-SITE SEWERAGE FACILITIES

A. All on-site sewage facilities shall be designed and provided in accordance with V.T.C.A., Health & Safety Code, Chapter 366, all applicable Texas Natural Resource Conservation Commission rules and the Fort Bend County On-Site local order.

B. All Manufactured Home Rental Communities to be served by individual water well systems and on-site sewerage systems shall show on the Infrastructure Development Plan:

  1. The approved water well location; and
  2. An approved on-site sewerage application.

C. If public water is supplied no sewerage system may be constructed within 150 feet (150') of the approved well location.

SECTION 5 - SURVEY REQUIREMENTS

A. The survey submitted with the Infrastructure Development Plan must:

  1. Describe the Manufactured Home Rental Community by metes and bounds;
  2. Locate the proposed Manufactured Home Rental Community with respect to an original corner of the original survey of which it is a part; and
  3. State the dimensions of the Manufactured Home Rental Community 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 users or renters of lots fronting on or adjacent to the street alley, square, park, or other parts.

B. Engineering and surveying data shall be shown on the Infrastructure Development Plan in sufficient detail to accurately locate, by surveying methods, all features of the Manufactured Home Rental Community on the ground. This data shall include, but not be limited to, full dimensions along all boundaries of the Manufactured Home Rental Community, street and alley right-of-ways, easements and drainage ways, gullies, creeks, and bayous together with the location of the high bank of such drainage ways and water courses, street center lines, lots, building setback lines, blocks, reserves, out tracts or any other tracts designated separately within the Manufactured Home Rental Communities boundaries, fee strips, pipelines or any other physical or topographical features. Such information shall include line dimensions, widths, bearings of deflecting angles, radii, central angles and degree of curvature, length of curves and tangent distances, all of which are to be shown in feet and decimal fractions thereof.

C. The Manufactured Home Rental Community boundaries shall be drawn with heavy lines to indicate the Manufactured Home Rental Community area and shall show overall survey dimensions and bearings. Lines outside the Manufactured Home Rental Community boundary shall be drawn as dashed lines.

D. The adjacent areas outside the Manufactured Home Rental Community boundaries shall be identified to indicate the name of adjacent subdivisions, churches, schools, parks, drainage ways, acreage, and all existing streets, alleys, easements, pipelines or other restricted uses.

E. The Infrastructure Development Plan shall have a note stating that all existing pipelines or pipeline easements through the proposed Manufactured Home Rental Community have been shown or that there are no existing pipelines or pipeline easements within the limits of the proposed Manufactured Home Rental Community.

F. All lots, tracts, reserves, easements and rights-of-way shall be designated within the Manufactured Home Rental Community boundaries and noted on the Infrastructure Development Plan.

G. The Infrastructure Development Plan shall have contour lines showing natural ground contours with a maximum of one (1') foot intervals.

H. The County Engineer will set the minimum elevation that the bottom of a manufactured home’s floor can be for each Manufactured Home Rental Community based upon the recommendation of the Drainage District Engineer. Said minimum elevation shall be shown on the Infrastructure Development Plan and shall be determined by using the criteria set forth in the Fort Bend County Drainage Criteria Manual. Currently said criteria is:

  1. Twelve inches (12") above the maximum street ponding level; or
  2. Twelve inches (12") above the one hundred (100) year flood plain.

I. The following note shall be shown on the Infrastructure Development Plan: "The bottom of all manufactured residence’s floors shall be a minimum of _____ feet above mean sea level Regardless of the minimum floor elevation shown, in no case shall the bottom of a manufactured home’s floor elevation be less than 18 inches (18") above natural ground or finish ground at the centerline of the floor or lot."

J. The location and elevation of the vertical control used for the Manufactured Home Rental Community shall be indicted on the Infrastructure Development Plan in a note. The vertical control shall be located within the boundaries of the property and shall be tied to a U.S. Coastal and Geodetic Survey vertical control. The location, elevation and revision date of this USCGS vertical control shall be indicated on the Infrastructure Development Plan in a note.

K. The Infrastructure Development Plan must be in full accordance with the required certification made upon the Infrastructure Development Plan by the Registered Public Surveyor ascertaining that the Manufactured Home Rental Communities boundary represents a survey made by him and that all boundary corners, angle points, points of curvature and other points of reference have been marked with iron (or other suitable permanent ferrous metal) pipes or rods having a minimum outside diameter of five-eighths inch (5/8") and a minimum length of three (3') feet. The monuments shall be driven securely into solid ground and the top of the monument shall be flush with the natural ground.

L. The boundary survey shall close to within one in ten thousand (1:10,000) and shall be tied to an original corner of the original abstract survey. The metes and bounds description of this tie shall be shown on the Infrastructure Development Plan.

SECTION 6 - MINIMUM STREET AND DRIVEWAY REQUIREMENT

A. Entrance and collector streets shall be a minimum of 28 feet (28') wide and shall be constructed as follows:

  1. A thirty-four foot (34') wide roadway surface; and
  2. A six inch (6") thickness of lime stabilized subgrade with a minimum width of thirty-two feet (32'); and
  3. A six inch (6") thickness of flexible base material conforming to Texas Department of Transportation Item 247 Type A, B, C, Grade 1, with a minimum width of thirty feet (30'); and
  4. A minimum one and one-half (1-1/2) Hot Mix Asphaltic Concrete pavement conforming to Texas Department of Transportation Item 340 type D; or
  5. Reinforced concrete pavement shall be a minimum of six inches (6") thick with a minimum width of twenty-eight feet (28');

    a. Concrete shall be five and one-half (5-1/2) sack mix, with a twenty-eight (28) day compressive strength of thirty-five hundred pounds per square inch (3,500 psi).
    b. Reinforcement shall be a minimum of #4 bars spaced at twenty-four inch (24") center to center each way with a minimum tensile strength of forty thousand pounds per square inch (40,000 psi);

B. All other streets or driveways shall be at least twenty-four feet (24') wide and shall be constructed as follows:

  1. A thirty foot (30') wide roadway surface; and
  2. A six inch (6") thickness of lime stabilized subgrade with a minimum width of twenty-six feet (26'); and
  3. A six inch (6") thickness of flexible base material conforming to Texas Department of Transportation Item 247 Type A, B, C, Grade 1, with a minimum width of twenty-eight feet (28'); and
  4. Minimum one and one-half (1-1/2) Hot Mix Asphaltic Concrete pavement conforming to Texas Department of Transportation Item 340 type D; or
  5. Reinforced concrete pavement shall be a minimum of six inches (6") thick with a minimum width of twenty-four feet (24').

    a. Concrete shall be five and one-half (5-1/2) sack mix, with a twenty-eight (28) day compressive strength of thirty-five hundred pounds per square inch (3,500 psi).
    b. Reinforcement shall be a minimum of #4 bars spaced at 24 inch (24") center to center each way with a minimum tensile strength of forty-thousand pounds per square inch (40,000 psi).

C. The minimum quality of all public streets which are to be dedicated to and maintained by Fort Bend County shall have a minimum of seventy foot (70') right of way and shall be constructed as shown:

  1. A thirty foot (30') wide roadway surface; and
  2. A six inch (6") thickness of lime stabilized subgrade with a minimum width of twenty-eight feet (28'); and
  3. A six inch (6") thickness of flexible base material conforming to Texas Department of Transportation Item 247 Type A, B, C, Grade 1, with a minimum width of twenty-six feet (26'); and
  4. Minimum one and one-half (1-1/2) Hot Mix Asphaltic Concrete pavement conforming to Texas Department of Transportation Item 340 type D; or
  5. Reinforced concrete pavement shall be a minimum of six inches (6") thick with a minimum width of twenty-six feet (26).

    a. Concrete shall be five and one-half (5-1/2) sack mix, with a twenty-eight (28) day compressive strength of thirty-five hundred pounds per square inch (3,500 psi).
    b. Reinforcement shall be a minimum of #4 bars spaced at 24 inch (24") center to center each way with a minimum tensile strength of forty-thousand pounds per square inch (40,000 psi).
  6. All stub streets or dead-end streets shall be terminated with a cul-de-sac with a minimum paved radius of fifty feet (50').
  7. The length of stub or dead end streets shall not exceed fourteen hundred feet (1,400') measured from the centerline of the intersecting street to the centerline of the cul-de-sac.
  8. Right angle intersections may be used within the Manufactured Home Rental Community. The minimum centerline radius shall be fifty feet (50'), and the angle of intersection shall be ninety degrees (90°) plus or minus ten degrees (10°).
  9. Streets and driveways shall be properly aligned across an intersection. Proposed streets shall align with existing streets.

D. No lot or space rented or leased or offered for rent or lease in the Manufactured Home Rental Community may contain more than one (1) single-family residential manufactured home.

  1. No common driveways shall be allowed in the Manufactured Home Rental Community.
  2. Each and every space or lot rented or leased or offered for rent or lease in the Manufactured Home Rental Community shall have a minimum of two (2) off-street parking spaces.
  3. Each and every lot or space rented or leased or offered for rent or lease in the Manufactured Home Rental Community shall have separate and individual access.

E. The Infrastructure Development Plan shall include a traffic control plan.

  1. A signage plan for the streets to be constructed, if any, is to be included that shows an overall street layout depicting the location and type of signage and traffic control devices to be installed. The traffic control devices will include street name signs, stop signs, yield signs, speed limit signs, directional controls, striping, and delineators, etc. All signage must comply with the requirements of the Texas Manual of Uniform Traffic Control devises.

F. In addition to these requirements, the County Engineer may require other and additional requirements including more stringent requirements when the same are deemed to be appropriate and necessary by the County Engineer to accomplish the objectives set forth herein.

SECTION 7 - GRAPHIC STANDARDS

A. Submittal Requirements.

  1. A minimum of two (2) camera positive Mylar and three (3) prints of the Infrastructure Development Plan along with all other required items shall be submitted to the County Engineer. One (1) print shall be submitted to the Commissioner of the Precinct in which the Manufactured Home Rental Community is located at least twenty-one (21) days prior to the Commissioners' Court meeting at which the Infrastructure Development Plan shall be considered for approval.
  2. The Mylar shall be a minimum three (3)-mil material with a matte finish on both sides.
  3. All required signatures must be an original signature and made in black ink.
  4. Two (2) camera positive Mylar will be retained by the County Clerk.
  5. Three (3) prints will be retained by the County Engineer and Precinct Commissioner.

B. All Infrastructure Development Plans of proposed Manufactured Home Rental Communities which are to be submitted to Commissioners Court shall be drawn in the form and contain the following specific information:

  1. All Infrastructure Development Plans shall be prepared by engineering or surveying firms. Infrastructure Development Plans prepared by architectural firms will not be accepted. The engineering or surveying firm's name, address and telephone number shall be shown on the Infrastructure Development Plan.
  2. The Infrastructure Development Plan size shall be twenty-four inches (24") by thirty-six inches (36") and the minimum print or type sizes shall be six characters per inch (6 cpi).
  3. The preferred orientation of the drawing of the Infrastructure Development Plan is with the north point to the top of the drawing. It is acceptable to have north to the left of the drawing. Title block shall be in the lower right hand corner.
  4. The scale shall be shown both numerically and graphically. The preferred scale is one inch (1") equals one-hundred feet (100'). A smaller scale may be used, where appropriate, with the approval of the County Engineer.
  5. A vicinity map shall be provided and made a part of the Infrastructure Development Plan indicating the general location of the Manufactured Home Rental Community and its relationship with well known streets, railroads, water courses and similar features adjacent to and within one (1) mile of the Manufactured Home Rental Community. The vicinity map should be in the upper right hand corner of the Infrastructure Development Plan or on the cover sheet and shall be oriented with north to the top of the drawing.
  6.  A legal description of the proposed Manufactured Home Rental Community listing the name of the County, survey and abstract number shall be noted on the Infrastructure Development Plan.
  7. The name, address, and telephone number of the true and rightful owner of the Manufactured Home Rental Community shall be shown on the Infrastructure Development Plan. If the owner is a company or corporation, the true and rightful name of the corporation as well as the true and rightful name of the corporation’s principal officer who is responsible for the Manufactured Home Rental Community must also be shown.
  8. The Infrastructure Development Plan shall be dated.

SECTION 8 - APPROVAL OF INFRASTRUCTURE DEVELOPMENT PLANS

A. An inspection of the infrastructure by the County Engineer or his designated representative shall be performed during and/or on completion of the construction.

B. Construction, alteration or extension of a proposed Manufactured Home Rental Community may not begin before the date the County Commissioners Court approves the Infrastructure Development Plan.

C. An inspection of the infrastructure by the County Engineer or his designated representative shall be performed during and/or on completion of the construction.

D. A final inspection of the infrastructure will be completed not later than the second (2nd) business day after the date the commissioners’ court or the person designated by the commissioners’ court receives a written certification from the owner that construction of the infrastructure has been completed in compliance with the Infrastructure Development Plan.

E. After the County Engineer certifies that the infrastructure construction complies with the Infrastructure Development Plan then the commissioners’ court shall issue a certificate of compliance not later than the fifth (5th) business day or at the next regularly scheduled Commissioners Court meeting after the date the final inspection is completed and approved.

F. If a final inspection is not performed within the required time frame given above, the commissioners court shall issue a certificate of compliance not later than the fifth (5th) business day or at the next available Commissioners’ Court meeting after the date the commissioners court or the person designated by the commissioners court receives written certification from the owner that construction of the infrastructure has been completed in compliance with the Infrastructure Development Plan.

G. A utility may not provide utility services including, water, sewer, gas, and/or electric services, to a Manufactured Home Rental Community subject to an Infrastructure Development Plan or a manufactured home in the Manufactured Home Rental Community unless the owner provides the utility with a copy of the certificate of compliance issued under subsections E or F above. This subsection G applies only to:

  1. A municipality that provides utility services;
  2. A municipally owned or municipally operated utility that provides utility services;
  3. A public utility that provides utility services;
  4. A nonprofit water supply or sewer service corporation organized and operating under V.T.C.A., Water Code, Chapter 67, that provides utility services;
  5. A county that provides utility services, and
  6. A special district or authority created by state law that provides utility services.

SECTION 9 - VALIDITY

A. These Minimum Infrastructure Standards for Manufactured Home Rental Communities applies only to a Manufactured Home Rental Community for which construction, alteration and/or extension is commenced on or after the date these Minimum Infrastructure Standards for Manufactured Home Rental Communities are adopted by the Commissioners Court of Fort Bend County as provided by V.T.C.A., Local Government Code § 232.007.

B. The several provisions of these regulations are separable, in accordance with the following:

  1. If any sentence, phrase, section, paragraph and/or article of any part of these rules, regulations and requirements is declared invalid, unenforceable or unconstitutional for any cause or reason, such invalidity, unenforceability or unconstitutionality shall not be held to affect, invalidate or impair the validity, force or effect of any other sentence, phrase, section, paragraph and/or article or any other part of these rules, regulations and requirements.
  2. If any court of competent jurisdiction shall judge invalid the application of any provision of these regulations to a particular property, such judgement shall not affect the application of said provision to any other property not specifically included in said judgement.

C. If any provision of these Minimum Infrastructure Standards for Manufactured Home Rental Communities in Fort Bend County is found to be more stringent than the requirements adopted by the Fort Bend Commissioners Court for subdivisions in Fort Bend County, in contravention of V.T.C.A., Local Government Code §232.007, then said provision is hereby modified to be exactly the same as that provision adopted for subdivisions in Fort Bend County.

SECTION 10 - ENFORCEMENT

A. The Commissioners' Court may request the County's attorney or any other prosecuting attorney representing the County to file an action in a court of competent jurisdiction to:

  1. Enjoin the violation or threatened violation of a requirement established by these Minimum Infrastructure Standards for Manufactured Home Rental Communities in Fort Bend County, Texas; and/or
  2. Recover all reasonable costs in an amount adequate for the County to undertake any construction or other activity necessary to bring about compliance with a requirement established herein.

END OF DOCUMENT

STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF FORT BEND §

ORDER ADOPTING REGULATIONS CONCERNING MINIMUM INFRASTRUCTURE STANDARDS FOR MANUFACTURED HOME RENTAL COMMUNITIES IN FORT BEND COUNTY, TEXAS


On this the 26 day of  October, 1999, the Commissioners Court of Fort Bend County, Texas, upon motion of Commissioner Andy Meyers, and seconded by Commissioner R. L. "BUD" O' Shieles, duly put and carried;

IT IS ORDERED that Fort Bend County adopt regulations concerning minimum infrastructure standards for Manufactured Home Rental Communities in Fort Bend County, Texas. Said Regulations are incorporated herein by reference for all purposes as though fully set forth herein word for word.

 

 

 

 

Last updated: 5/19/2014 9:17:28 AM