Model Subdivision Rules (MSRs) were developed by the Texas Water Development Board to ensure that an adequate supply of drinking water and sewer facilities are available to residential areas in accordance with state standards established by the Texas Department of Health and the Texas Commission on Environmental Quality.
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
Since enacted by the Texas Legislature in 1989, all counties adjacent to the Texas-Mexico border, including Cameron County, are required to adopt and enforce the Model Subdivision Rules.
(b) 
The Model Subdivision Rules enable the City and the County to apply for grants and loans from the Texas Water Development Board's Economically Distressed Areas Program (EDAP), which encourages cost-effective water and wastewater systems to maximize long-term economic development of eligible areas.
(c) 
Noncompliance can result in the loss of funding for future water and wastewater projects administered by the Retail Public Utility provider.
(Ordinance 2629-06-2025 adopted 5/20/2025)
MSRs are intended to achieve the following goals:
(1) 
Empower cities and counties to prevent the growth of substandard residential developments lacking water and wastewater infrastructures, roadways, gas and electricity;
(2) 
Prevent residential lots from being sold if utilities are not in place; and
(3) 
Assist economically distressed areas to obtain the necessary infrastructure for water and wastewater services.
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
The MSRs apply to a subdivision that creates two (2) or more lots of five (5) acres or less intended for residential purposes.
(b) 
Lots of five (5) acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and in all deeds and contracts for deeds.
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
The Planning Director shall not approve a Final Plat or other plat type that creates two (2) or more lots of five (5) acres or less intended for residential purposes without confirming connection to an adequate and existing water facility permitted in section 10.03.006.
(b) 
A Final Plat or other plat type that is subject to the Model Subdivision Rules shall not be recorded with the County Clerk until the Planning Director receives the required documentation for the water facility that will be used for the subdivision as required in section 10.03.006.
(1) 
The Planning Director may include the following condition of approval for any plat required to comply with the Model Subdivision Rules.
(A) 
"The property owner shall not be allowed to record the plat subject to the Model Subdivision Rules without having an executed service agreement with the respective Retail Public Utility."
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
Public water facility.
(1) 
Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the Retail Public Utility provider.
(2) 
The service agreement must provide that the Retail Public Utility has or will have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years.
(3) 
The service agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the public water system so that service is available to each lot upon completion of construction of the water facilities described on the final plat.
(4) 
Service agreements are administered by the Retail Public Utility provider.
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
The Planning Director shall not approve a Final Plat or other plat type that creates two (2) or more lots of five (5) acres or less intended for residential purposes without confirming connection to an adequate and existing wastewater facility permitted in section 10.03.008, acceptable forms of wastewater.
(b) 
A Final Plat or other plat type that is subject to the Model Subdivision Rules shall not be recorded with the County Clerk until the Planning Director receives the required documentation for the wastewater facility that will be used for the subdivision as required in section 10.03.008, acceptable forms of wastewater.
(1) 
The Planning Director may include the following condition of approval for any plat required to comply with the Model Subdivision Rules.
(A) 
"The property owner shall not be allowed to record the plat subject to the Model Subdivision Rules without having an executed service agreement with the respective Retail Public Utility or having received approval of a on-site sewage facility permit from the Cameron Health Official."
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
Public wastewater facility:
(1) 
Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement with the Retail Public Utility provider.
(2) 
The agreement must provide that the retail public utility has or will have the ability to treat the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years.
(3) 
The agreement must reflect that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system have been paid so that service is available to each lot upon completion of construction of the wastewater facilities described on the final plat. Engineering plans for the proposed wastewater collection lines must comply with Texas Administrative Code Title 30 Chapter 317.
(4) 
Service agreements are administered by the Retail Public Utility provider.
(b) 
On-site sewage facility:
(1) 
On-site sewage facilities that serve single-family or multi-family residential dwellings with anticipated wastewater generations of no greater than 5,000 gallons per day must comply with Texas Administrative Code Title 30 Chapter 285, and any Cameron County on-site septic system facility standards.
(2) 
Proposals for sewerage facilities for the disposal of sewage in the amount of 5,000 gallons per day or greater must comply with Texas Administrative Code Title 30 Chapter 317 and any Cameron County on-site septic system facility standards.
(3) 
The Cameron County Health Official shall review proposals for on-site sewage facilities and make inspections of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code Chapter 366, rules in Texas Administrative Code Title 30 Chapter 285, in particular § 285.4, § 285.5 and § 285.30 through § 285.39, and any Cameron County on-site septic system facility standards.
(A) 
In addition to the unsatisfactory on-site disposal systems listed in Texas Administrative Code Title 30 § 285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules.
(4) 
A subdivider proposing to use an on-site sewage facility must receive approval of such system by the Cameron County Health Official before Final Plat or other plat type is recorded with the County Clerk.
(Ordinance 2629-06-2025 adopted 5/20/2025)
(a) 
The Planning Director shall not approve a Final Plat or other plat type that creates two (2) or more lots of five (5) acres or less intended for residential purposes without receiving confirmation from the applicant that the greywater system was reviewed and approved by TCEQ.
(b) 
Any proposal for sewage collection, treatment and disposal that includes greywater reuse shall meet minimum criteria of Texas Administrative Code Title 30 Chapter 210 promulgated and administered by TCEQ.
(c) 
Any proposal for on-site sewage disposal that includes provisions for greywater use shall meet the minimum criteria of Texas Administrative Code Title 30 Chapter 285.
(Ordinance 2629-06-2025 adopted 5/20/2025)
Plats subject to the Model Subdivision Rules must include the following information on the plat.
(1) 
Dwelling units restriction plat note:
(a) 
No more than one single-family detached dwelling shall be located on each lot. A notation of this restriction shall be placed on the face of the final plat or other proposed plat type.
(b) 
This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Proposals that include multi-family residential shall include adequate, detailed planning materials as required for determination of proper water and wastewater utility type and design.
(Ordinance 2629-06-2025 adopted 5/20/2025)
Per Texas Administrative Code, Title 31, Part 10, Chapter 364, Subchapter B, Division 3, a plat subject to the Model Subdivision Rules will require a final engineering report and financial guarantee of improvements (if applicable) with the initial submittal of a plat application as listed below.
(1) 
Final engineering report.
(A) 
The engineering report will be signed and sealed by a professional engineer registered in the State of Texas.
(B) 
The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots within the subdivision as described in section 10.03.005 and Section 10.03.007 of the this article, and any other methodologies granted by the MSRs in Texas Administrative Code, Title 31, Part 10, Chapter 364, Subchapter B, Division 2.
(C) 
A detailed cost estimate per lot acceptable to the utility service provider or the city shall be provided for those unconstructed water supply and distribution facilities and wastewater collection and treatment facilities that are necessary to serve each lot of the subdivision.
(D) 
The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities.
(i) 
If financial guarantees are to be provided under Texas Administrative Code, Title 31, Part 10, Chapter 364, § 364.54, the schedule shall include the start dates and completion dates.
(2) 
Financial guarantee for improvements.
(A) 
If an adequate public or non-public water or wastewater system is not available from a Retail Public Utility, or is not constructed by the subdivider to serve the residential development at the time final plat approval is sought, then the City shall require the owner to execute an agreement with the City and provide a financial guarantee through either a bond, irrevocable letter of credit, or other financial guarantee. The agreement shall be reviewed and approved by the City Attorney before the final plat is recorded with the County Clerk.
(B) 
A financial guarantee required by this section must comply with the criteria in Texas Administrative Code, Title 31, Part 10, Chapter 364, § 364.54.
(Ordinance 2629-06-2025 adopted 5/20/2025)
The City shall not approve a plat that does not comply with these Model Subdivision Rules of this article, or any other provisions granted in Texas Administrative Code (TAC), Title 31, Part 10, Chapter 364. All documentation for adequate water and wastewater facilities is required before a plat is recorded with the County Clerk.
(Ordinance 2629-06-2025 adopted 5/20/2025)