Res 2014-135/Interlocal with Caldwell County for Subdivision Regulations

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5) Protect the citizens of Caldwell County from an unreasonable tax burden resulting from substandard design and construction of public infrastructure or inadequate funding for maintenance of public facilities; 6) Require that the owner of the tract to be subdivided execute good and sufficient construction and maintenance bonds or alternative fiscal surety; 7) Require that lot and block monumentation be set by an RPLS before recordation of the plat; and 8) Support the orderly and coordinated development of real property within the extra - territorial jurisdiction of local municipalities. Section 3.0 of this ordinance (Subdivision Platting Procedures) addresses procedures for Preliminary Plat approval, Final Platting, and for plat cancellation and revisions. Section 4.0 (Construction Permit Procedures) provides guidelines for obtaining a subdivision or site construction permit including construction plans requirements and construction inspection. Technical design specifications are found in the Appendices. 1.1 COORDINATION WITH OTHER JURISDICTIONS All authority specifically provided to Caldwell County, or agreed to between Caldwell County and other local, state and /or federal agencies, shall be applied to the fullest extent. Specific platting and permitting requirements are subject to interlocal agreements which may exist for governing the extraterritorial jurisdictions surrounding incorporated cities within Caldwell County. In the event no interlocal agreement exists, all development must be approved by both the municipality and Caldwell County with final approval to be granted by the County. To the extent that ordinances conflict, the more stringent provisions shall prevail. In addition to compliance with the subdivision regulations of Caldwell County and with municipalities having extraterritorial jurisdiction, the development and use of real property in Caldwell County may be subject to regulation by other jurisdictions including the Texas Commission on Environmental Quality (TCEQ), the U.S. Corps of Engineers, FEMA, U.S. EPA, U.S. Fish and Wildlife, and other County regulations. 1.2 ENFORCEMENT AND PENALTIES A) Section 232.005 of the Texas Local Government Code provides for the enforcement of State subdivision laws and of these regulations. B) A person commits an offense if that person knowingly or intentionally violates a requirement of these regulations, including the Platting and Engineering Guidelines incorporated as appendices. That offense is a Class B Misdemeanor as defined by the Texas Local Government Code, as amended. C) Under Texas law, a person may be jointly responsible as a party to an offense if the person (acting with intent to promote or assist the commission of the offense) solicits, encourages, directs, aids, or attempts to aid another person to commit the offense. Thus, a real estate agent or broker, a lender, an attorney, a surveyor, an engineer, a title insurer, or any other person who assists in violating these Regulations may also face criminal penalties. D) The Criminal District Attorney of Caldwell County, Texas, Attorney General, or other prosecuting attorney, shall have the power to enforce these Regulations by filing an action in a court of competent jurisdiction to: FA