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HomeMy WebLinkAboutOrd 789 Amending Chapters 1 and 82 Proposed Preliminary Site Evaluation TOWN OF WESTLAKE ORDINANCE 789 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 1, SECTION 1-2 BY DELETING THE DEFINITION OF PRELIMINARY PLAT AND ADDING THE DEFINITION OF SITE EVALUATION; AMENDING CHAPTER 82 PROVIDING FOR PRELIMINARY SITE EVALUATIONS AND PROVIDING STANDARDS FOR PRELIMINARY SITE EVALUATIONS AND PLATS; PROVIDING FOR REQUIREMENTS; PROVIDING FOR APPROVAL OR DENIAL; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, (the "Town") is a General Law Municipality located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town Council of Westlake, Texas, finds that preliminary site evaluations and plats and standards and requirements for preliminary site evaluations and plats are required for orderly development; and WHEREAS, the Town Council of Westlake, Texas, deems it necessary to enact this ordinance providing for preliminary site evaluations and plats within the corporate limits of the Town. WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That, the Town hereby adopts the following amendments to sections 1-2; and section 82-34, 82-35, 82-36 and 82-37 to read as follows: That Section 1-2 "Definitions" the definition of"Preliminary plat" is deleted and that the following definitions are added: Ordinance 789 Page I of 20 Preliminai-il site evalilation. The words "preliminary site evaluation" shall mean the preliminary drawing or drawings, described in this Code, indicating the proposed manner or layout of the subdivision or addition to be submitted to the town for approval. Record draiving,;. The words "record drawings" or "as-built drawings" shall mean drawings which reflect all changes made in the specifications and working drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the contract, including "record drawings" of the construction plans for all water, wastewater, drainage and paving facilities and any other public improvements required to serve the subdivision. Also called as-built drawings or just as-builts. Sec. 82-34. -Conference. Prior to the filing of a preliminary site evaluation, the subdivider shall meet with the town engineer or designated representative for familiarization with the town's development regulations and the relationship of the proposed subdivision to the town's Comprehensive Plan. At the meeting, the general character of the development may be discussed, and items may be included concerning zoning, the availability of existing utility service and demand for new utility service, street requirements, and other pertinent factors related to the proposed subdivision. At this meeting, the town engineer shall classify the subdivision application as either major or minor and direct the applicant to the appropriate procedures. At the conference, the subdivider may be represented by his/her land planner, engineer, or surveyor. Sec. 82-35. - Procedure for preliminary site evaluation approval. (a) Purpose and applicability (1) Purpose. The purpose of the preliminary site evaluation is to allow evaluation of the proposed development for conformity with requirements, plans, policies and conditions prior to the submission of the plat. (2) Applicability. A preliminary site evaluation is required for all major subdivisions prior to the construction of improvements. A preliminary site evaluation shall be labeled "Preliminary Site Evaluation." A preliminary site evaluation is not a preliminary or final plat. It is a development tool for the benefit of the landowner and the Town to allow the Town and land owner to work together cooperatively. The time limits applicable to plats do not apply to a preliminary site evaluation. Any reference to a"preliminary plat" in the Westlake ordinances shall be understood to mean preliminary site evaluation. (b) Application procedure and requirements; preliminary site evaluation. Following the pre-application conference, the applicant may file for approval of a preliminary site evaluation. The preliminary site evaluation shall be prepared by or under the supervision Ordinance 789 Page 2 of 20 of a registered professional land surveyor or engineer in the state and shall bear his/her seal, signature and date on each sheet. (1) General application contents. A minimum of five paper copies and one digital copy of the proposed preliminary site evaluation shall be prepared at a scale of one inch equals 100 feet or larger using the town's base mapping, and in a form substantially as follows and submitted to the town engineer: If necessary, staff may request additional paper copies. a. The proposed preliminary site evaluation shall be submitted on sheets a maximum size of 24 inches by 36 inches and drawn to a scale of 100 feet to the inch. Subsequent phases of a master plat may be drawn at a scale of one inch to 400 feet. b. The boundary lines with distances and bearings and the approximate location and width of all existing or recorded streets intersecting the boundary of the tract. c. Close bearings and distances to the nearest established survey monuments and established subdivisions, which shall be accurately described on the plat. d. Approximate ties to the abstract and survey corners as required by state surveying law and the amount of acreage in each abstract shown. e. The preliminary layout showing: 1. Proposed rights-of-way widths for streets with names, sidewalks, easements, blocks,parks, etc., with principal dimensions. 2. The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents. 3. All easements for rights-of-way provided for public services or utilities and any limitations of the easements. 4. All lot numbers and lines with dimensions in feet and hundredths of feet and with bearings and angles to street lines. 5. The location of all existing property lines, buildings, sewer or water mains, fire hydrants, gas mains or other underground structures, easements of record or other existing features within the area proposed for subdivision. 6. A designation of the proposed uses of the land within the subdivision and any zoning amendments requested. 7. All physical features of the property to be subdivided, including location and size of all watercourses, ravines, bridges, culverts, existing structures, drainage area in acres Ordinance 789 Page 3 of 20 or acreage draining into subdivisions, and other features pertinent to subdivision. The outline of wooded areas or the location of important individual trees are required. 8. The angle of intersection of the centerlines of all intersecting streets which are intended to be less than 90 degrees. 9. The preliminary location, material, and size of all monuments approved by the town engineer. 10. The outline of all property which is proposed for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or addition. 11. The name and location of a portion of adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing streets and other features that may influence the layout and development of the proposed subdivision. Where adjacent land is not subdivided,the owner's name of the adjacent tract shall be shown. 12. In cases where a subdivision contains or abuts a school, park or playground site, provision of access such as may be required by these subdivision regulations. 13. Front setback lines. 14. Special restrictions including, but not limited to, water line, wastewater line and drainage easements; fire lanes; screening; and such other requirements for standard notes as may be contained in the town's Engineering Standards. 15. Contours at five-foot intervals, except on terrain with less than two percent grade in which event contours at two-foot intervals are required. 16. Proposed name of the subdivision or addition. 17. Name, address and phone number of the property owner and the name of the engineer or surveyor who prepared the plat. 18. North arrow, scale, site location map and date. 19. The location of flood hazard areas or a statement as to the lack thereof, and a statement indicating the source of the flood hazard information. 20. Boundary survey closure and area calculations. 21. A notation in the legend labeling the document "Preliminary Site Evaluation" and identifying the scale. Ordinance 789 Page 4 of 20 22. The preliminary location and size of all proposed utilities, including water, sanitary sewer, storm sewer and drainage facilities. 23. The preliminary location and size of all proposed utilities and duct banks. 24. The location of all proposed public and private streets and information indicating the material and width of the streets and rights-of-way. 25. A phasing plan indicating the phase lines of all land to be platted in phases by separate final plats. A request for a phasing plan shall be subject to the approval of the Town Council. (2) Application fee receipt. A receipt shall also be submitted with the preliminary site evaluation showing that the application fees as prescribed by the fee schedule in effect at the time have been paid. (c) Distribution, hearing and review. (1) Distribution of copies. The preliminary site evaluations and any other required documents shall be distributed by the town staff. Written comments from outside utilities or others are due at least six working days prior to the meeting of the planning and zoning commission at which the preliminary site evaluation is to be considered. (2) Written report. A written report reviewing the proposed subdivision shall be prepared by the town engineer, with a copy provided to the applicant three days before the planning and zoning commission's hearing, incorporating the comments of the town engineer and other officials and agencies to whom a request for review has been made, and generally reviewing the application, and submitted to the planning and zoning commission prior to the public hearing on the subdivision preliminary site evaluation application. (d) Standards for approval for preliminary site evaluation. No preliminary site evaluation shall be recommended or approved by the town engineer, planning and zoning commission or Town Council unless the following standards have been met: (1) Provision for adequacy, pursuant to article III of this chapter, installation and dedication of public improvements has been made. (2) The preliminary site evaluation conforms generally to the goals and policies of the town Comprehensive Plan and the Thoroughfare Plan incorporated therein. (3) The preliminary site evaluation meets all other requirements of this chapter. Ordinance 789 Page 5 of 20 (4) The preliminary site evaluation is consistent with an approved or submitted concept plan or development plan where applicable. (e) Approval procedure. (1) Planning and zoning commission decisions. Following review of the preliminary site evaluation and other materials submitted for conformity thereof to these regulations, the planning and zoning commission shall recommend only approval as submitted, approval with conditions or denial of the submitted preliminary site evaluation. a. Recommended approval. Preliminary site evaluation recommended for approval or conditional approval shall be filed for hearing by the Town Council. b. Recommended denial. Preliminary site evaluation not recommended for approval may be processed, at the option of the applicant, in one of the two following ways: 1. The preliminary site evaluation may be revised in accordance with the recommendations of the planning and zoning commission and refiled for reconsideration at a regularly scheduled planning and zoning commission meeting; or 2. The preliminary site evaluation recommended for denial may be filed for hearing at a regularly scheduled Town Council meeting. (2) Recording of commission ' action. The action of the planning and zoning commission shall be noted on two copies of the preliminary site evaluation, referenced and attached to any conditions determined. One copy shall be returned to the subdivider or developer and the other retained in the files of the town staff. A notation of the action taken on each preliminary site evaluation and requisite reasons therefor shall be entered in the minutes of the planning and zoning commission. (3) Forward preliminary site evaluation to Town Council. The town engineer shall submit the preliminary site evaluation with the recommendations established by the planning and zoning commission to the Town Council for their consideration, with a copy provided to the applicant. Seven additional copies of the preliminary site evaluation should be submitted to the Town Council through the town engineer not less than 15 days prior to the Council meeting at which consideration is desired. (4) Town Council consideration of preliminary site evaluation. After review of the preliminary site evaluation, any and all reports and recommendations as submitted pursuant to these regulations, and any exhibits submitted at the public hearing, the Town Council shall approve or deny the preliminary site evaluation. The action of the Town Council shall be noted on two copies of the preliminary site evaluation. One copy shall be returned to the subdivider or developer and the other retained in the town files. Ordinance 789 Page 6 of 20 (f) Effect of decision. Approval of a preliminary site evaluation authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval. Approval of a preliminary site evaluation by the Town Council also constitutes authorization for the town engineer to release construction plans following his/her review and final approval. Upon release of the construction plans, the town engineer shall issue a certificate indicating the construction plans have been released and construction of the public improvements are thereafter authorized and that grading by the property owner may commence. Additional certificates may be issued by the town engineer authorizing the construction of private utilities or facilities on a phased schedule, subject to permit standards otherwise applicable. Conditional approval of the preliminary site evaluation by the Town Council , however, shall not constitute approval of the final plat. (g) Amendments to preliminary site evaluation. (1) Major and minor amendments. At any time following the approval of a preliminary site evaluation and before lapse of the approval, a property owner may request an amendment to the approved preliminary site.evaluation. All amendments must conform to the zoning requirements for that property. The requested amendment shall be classified as a major amendment or minor amendment according to the following criteria: a. Major amendments include the rerouting of streets, rights-of-way or utility easements or utility locations, addition or deletion of alleys, or addition or deletion of more than ten percent of the approved number of lots.Amendments must conform to the zoning requirements for the property. b. Minor amendments include the adjustment of street and alley alignments, rights- of-way or utility easements or utility locations, lengths, and paving details, the addition or deletion of lots within ten percent of the approved number, and the adjustment of lot lines; provided that all amendments shall conform to the zoning requirements for the property. c. The town engineer may approve or disapprove a minor amendment. Disapproval may be appealed to the Planning and Zoning Commission and Town Council. Major amendments may be approved by the Planning and Zoning Commission and the Town Council at a public meeting in accordance with the same requirements for the approval of a preliminary site evaluation. (2) Approval of amendments. The planning and zoning commission shall recommend and the Town Council shall approve, conditionally approve or disapprove any proposed Ordinance 789 Page 7 of 20 major amendment and may make any modifications in the terms and conditions of preliminary site evaluation approval reasonably related to the proposed amendment. (3) Retaining previous approval. If the applicant is unwilling to accept the proposed amendment under the terms and conditions required by the town, the applicant may withdraw the proposed amendment and the project as originally submitted will retain the previous approval. (h) Lapse of approval, extension and reinstatement procedure. (1) Lapse of preliminary site evaluation approval. A preliminary site evaluation expires two years from the date of approval by Town Council, and shall not be extended by any subsequent approval of any major amendments or minor amendments and such preliminary site evaluation shall be null and void thereafter, unless a final plat application for the area depicted in the preliminary site evaluation has been filed with the town unless an extension has been requested within the two-year period and approved by Town Council. Thereafter, the applicant shall be required to submit a new preliminary site evaluation subject to the then-existing subdivision regulations. (2) Petition for extension or reinstatement of approval. Prior to the lapse of approval for preliminary site evaluation as provided in these regulations, the property owner may petition the Town Council to extend or reinstate the approval. The petition shall be considered at a public meeting of the Town Council. (3) Decision by the planning and zoning commission. In determining whether to grant the request, the Town Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval and the extent to which newly adopted subdivision regulations shall apply to the preliminary site evaluation or study. The Town Council shall either extend or reinstate the preliminary site evaluation, or it shall deny the request, in which instance the property owner must submit a new application for approval. (4) Length of time for extended or reinstated preliminary site evaluation. The Town Council may specify a shorter time for lapse of the extended or reinstated preliminary site evaluation than is applicable to original approvals. Sec. 82-36. - Procedure for final plat approval. (a) Purpose and applicability. (1) Purpose. The purpose of a final plat is to enable recording of the subdivision of property that includes the elements specified in V.T.C.A., Local Government Code § 212.004, and which complies with the requirements of V.T.C.A., Local Government Code § 212.010. Ordinance 789 Page 8 of 20 (2) Applicability. A final plat shall be required for all subdivisions of property provided for in V.T.C.A., Local Government Code § 212.004. (3) Preliminary site evaluation requirement. Unless otherwise provided by the UDC, all final plats shall be prepared in accordance with an approved preliminary site evaluation. A final plat may constitute a portion of the total area of the preliminary site evaluation if a phasing plan has been included on the approved preliminary site evaluation provided that any final plat shall include all phases that have received previous final plat approval. The phasing plan shall include the entire area that was the subject of the preliminary site evaluation. (b) Timing of public improvements. (1) Public improvements prior to signing plat. The Town Council may require that all public improvements be constructed, offered for dedication and accepted by the town prior to the signing of the final plat. The Town Council may permit the deferral of the construction of public improvements if in its judgment deferring the construction would not result in any harm to the public, or would offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. Any required public improvement approved for deferred construction must be provided for as required in article III of this chapter prior to approval of the final plat. (2) If public improvements are not completed. If the Town Council does not require that all public improvements be installed, offered for dedication and accepted by the town prior to signing of the final plat by the presiding officer, it shall require the applicant to execute a subdivision improvement agreement and provide security for the agreement as provided in section 82-61. (3) Where no preliminary site evaluation is required. This procedure shall also apply to the approval of a final plat if the preliminary site evaluation is not required. (c) Submittal requirements. A minimum of five paper copies and a digital copy of the final plat. together with a computer file of the final plat on media as specified by the town engineer in either autocad, DXF format or other format, and three sets of engineering plans shall be submitted to the town engineer at least 15 days prior to the meeting at which consideration is desired. More paper copies may be required by staff. This plat shall be submitted at a scale of 100 feet to one inch (for small subdivisions, at a scale of 50 feet to one inch) and the final plat shall show or be accompanied by the following information: (1) The name of the owner and/or subdivider and of the surveyor responsible for the plat and the following language: Ordinance 789 Page 9 of 20 "Notice: Selling a portion of this addition by metes and bounds is a violation of the town ordinance and state law and is subject to fines and withholding of utilities and building permits." (2) The name of the subdivision and adjacent subdivisions, the names of streets (to conform wherever possible to existing street names) and number of lots and blocks, in accordance with a systematic arrangement. (3) An accurate boundary survey of the property, with bearings and distances, referenced to survey lines and established subdivisions, and showing the lines of adjacent lands and the lines of adjacent streets, with their width and names. Street and lot lines in adjacent subdivisions shall be shown in dashed lines. (4) Location of proposed lots, streets, public highways, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and of arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. Contours, with an interval of two feet or less as governed by the topography, shall be submitted on a separate sheet and shall be at the same scale as the plat. All elevations shown shall be referred to town datum. All lots on building sites shall conform to the minimum standards for the area, width and depth prescribed by chapter 102 for the district or districts in which the subdivision is located. (5) The location of building lines on front and side streets and the location of utility easements. (6) An instrument of dedication signed and acknowledged by the owner or owners and by all other persons who have a mortgage or lien interest in the property, showing all restrictions, reservations and/or easements, if any, to be imposed and reserved in connection with the addition. (7) A certificate of dedication incorporating irrevocable offers of dedication to the public of all streets, public highways, public facilities, parks and other land intended for public use, signed by the owner or owners and by all other persons who have a mortgage or lien interest in the property. The certificate of dedication shall incorporate the standard easement language of the town as jointly prepared by the town attorney and the town engineer. The plat shall be marked with a notation indicating the formal offers of dedication. All deed restrictions required by this chapter or agreed to be filed with the plat shall be submitted with the final plat. (8) Receipt showing that all taxes are paid. Ordinance 789 Page 10 of 20 (9) Certification by a surveyor, duly licensed by the state, to the effect that the plan represents a survey made by him/her, and that all the necessary survey monuments are correctly shown thereon, in accordance with section 82-8. (10) The following certificates shall be placed on the plat in a manner that will allow them to be clearly visible on the final plat: APPROVED BY THE TOWN OF WESTLAKE, TEXAS, on the / / day of 20 ATTEST: Town Secretary Presiding Officer (11) Final plats shall be accompanied by two paper sets of record drawings and a digital copy of said record drawings. Additional requirements pursuant to a subdivision improvement agreement under Article 3 of this chapter shall also be met. (12) Final plats shall be accompanied by a lot grading plan drawn at a scale of 100 feet to one inch in accordance with the town's Engineering Standards. (13) When more than one sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names shall be shown on one of the sheets or on a separate sheet of the same size. (14) The subdivision improvement agreement and security, if required, in a form satisfactory to the town attorney and in accordance with Article 3 of this chapter, and shall include a provision that the property owner shall comply with all the terms of the final plat approval as determined by the Town Council. (15) A plat fee, together with other authorized fees applicable to the development, in accordance with the fee schedule applicable at the time of plat filling. (16) Certification by a surveyor to the effect that the plat represents a survey made by him/her and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and all rights-of-way, easements and other matters of record affecting the property being platted. (17) Boundary survey closure and area calculations. Ordinance 789 Page 1 1 of 20 (18) Protective covenants (deed restrictions) whereby the subdivider proposes to regulate land use or development standards in the subdivision. (19) The.accurate location, material, and size of all monuments approved by the town engineer. For subdivisions larger than 30 acres, global positioning systems (GPS) shall be used to establish the location of a minimum of two congers of the subdivision or addition. The establishing of the location of one additional monument by global positioning systems may be required for each additional 20 acres or fraction thereof for developments that are larger than 50 acres. These monuments shall be tied vertically and horizontally to the town's existing global positioning systems coordinate system. All global positioning system coordinates shall be determined such that the maximum error does not exceed 0.1 feet. Elevations and the location of all other subdivision corner monuments shall be established to at least third order accuracy. (20) Title information. Each plat submitted for preliminary site evaluation shall be accompanied by a certificate or letter from a title guaranty company or title attorney indicating a current search and certifying to at least the following concerning title to the land: a. Name of the fee owner as of the date of examination and the date, file number, volume and page of the recording of the deed involved. b. The name, file number, date of filing and volume and page of any lien-holders. c. A general description of any existing easements or fee strips granted, along with the file number, date of filing, and volume and page of recording. (21) That all residential final plats contain the following owner's dedication language: NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT [Name of Property Owner(s)] DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS [Name of Subdivision] , AN ADDITION TO THE TOWN OF WESTLAKE, [TARRANT or DENTON] COUNTY, TEXAS. THE EASEMENTS THEREON ARE HEREBY RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE HELD IN TRUST FOR THE PUBLIC BY THE TOWN, AND AS APPLICABLE, OPEN TO FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR THE USE OF A PARTICULAR EASEMENT OR THE PUBLIC. THE MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND Ordinance 789 Page 12 of 20 FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY OWNER. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED FOR MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE. ANY PUBLIC UTILITY SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE TO USE A PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS WITHIN THE EASEMENT OR RIGHT- OF-WAY WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM ON THE EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE EASEMENT FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS. THE TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE OF READING METERS, MAINTENANCE AND SERVICE REQUIRED OR ORDINARILY PERFORMED BY THAT UTILITY. WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE ADDITIONAL AREA OF WORKING SPACE FOR CONSTRUCTION AND MAINTENANCE OF THE SYSTEMS. ADDITIONAL AREA IS ALSO CONVEYED FOR INSTALLATION AND MAINTENANCE OF MANHOLES, CLEANOUTS, FIRE HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE MAIN TO THE CURB OR PAVEMENT LINE. DESCRIPTION OF THESE ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE DETERMINED BY THEIR LOCATION AS INSTALLED. THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS. WITNESS MY HAND THIS THE DAY OF By: Ordinance 789 Page 13 of 20 [Name of Property Owner(s)] STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. NOTARY PUBLIC, STATE OF TEXAS All nonresidential final plats shall contain the following owner's dedication language: NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT , DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS , AN ADDITION TO THE TOWN OF WESTLAKE, [TARRANT or DENTON] COUNTY, TEXAS. THE EASEMENTS THEREON ARE HEREBY RESERVED FOR THE PURPOSES INDICATED, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS FILED WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON] COUNTY. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE UTILITIES FOR WHICH THE EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR THE USE OF A PARTICULAR EASEMENT. THE MAINTENANCE OF PAVING OR ANY OTHER SURFACE ON THE UTILITY AND FIRE LANE EASEMENTS IS THE SOLE RESPONSIBILITY OF THE PROPERTY OWNER. NO BUILDINGS, OR OTHER PERMANENT IMPROVEMENTS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED FOR USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES FOR WHICH THE EASEMENT IS RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE. ANY PUBLIC UTILITY FOR WHICH THE EASEMENT IS Ordinance 789 Page 14 of 20 RESERVED, AND AS SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE TO USE A PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS OR OTHER IMPROVEMENTS WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM IN THE EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL RIGHT OF INGRESS AND EGRESS UPON THE EASEMENT FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, AND MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS, AND IN ACCORDANCE WITH THE EASEMENT DOCUMENTS FILED WITH THE TOWN OF WESTLAKE AND [TARRANT or DENTON] COUNTY. THE TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE OF READING METERS, MAINTENANCE AND SERVICE REQUIRED OR ORDINARILY PERFORMED BY THAT UTILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLAT, THE OWNERS, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, RESERVE AND RETAIN THE RIGHT TO GRANT OTHER RIGHTS AND EASEMENTS ACROSS, OVER OR UNDER THE EASEMENT TRACT(S) TO SUCH OTHER PERSONS AS THE OWNERS DEEM PROPER, PROVIDED SUCH OTHER GRANTS ARE SUBJECT TO THE EASEMENTS TO THE TOWN OF WESTLAKE GRANTED IN THIS PLAT OR THE EASEMENT DOCUMENTS, AND THE USES GRANTED DO NOT MATERIALLY INTERFERE WITH THE USE OF SAID EASEMENTS BY THE TOWN OF WESTLAKE FOR THE PURPOSES SET FORTH HEREIN AND THE TOWN APPROVES SAID ADDITIONAL EASEMENTS OR ADDITIONAL USES IN WRITING. ANY DAMAGES TO FACILITIES LOCATED IN SAID EASEMENTS AS A RESULT OF THE USE GRANTED TO SUCH OTHER PERSON SHALL BE PROMPTLY REPAIRED BY SUCH OTHER PERSON, AND THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO SUCH OTHER PERSON'S FACILITIES IN CONNECTION WITH THE USE OF SAID EASEMENT BY THE TOWN OF WESTLAKE. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLAT, THE OWNERS, AND THEIR SUCCESSORS AND ASSIGNS, MAY USE THE EASEMENT TRACT(S) IDENTIFIED IN THE EASEMENT DOCUMENTS, AND SHOWN WITHIN THE BOUNDARIES OF THE PLATTED PROPERTY FOR PAVING, PEDESTRIAN WALKWAY, PARKING, LANDSCAPING AND AERIAL IMPROVEMENT PURPOSES (THE Ordinance 789 Page 15 of 20 "IMPROVEMENTS"), WHICH DO NOT MATERIALLY INTERFERE WITH OR PREVENT THE USE BY THE TOWN OF WESTLAKE OF SAID EASEMENTS FOR THE PURPOSES SET FORTH HEREIN. ANY DAMAGES TO FACILITIES LOCATED IN THE EASEMENTS IDENTIFIED ON THE PLATTED PROPERTY AS A RESULT OF SUCH USES SHALL BE PROMPTLY REPAIRED BY THE THEN- CURRENT OWNER OF THE PLATTED PROPERTY THAT CAUSED SUCH DAMAGE, AND THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES TO THE IMPROVEMENTS IN CONNECTION WITH THE USE OF SAID EASEMENTS BY THE TOWN OF WESTLAKE. THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS. WITNESS MY HAND THIS THE DAY OF By: [Name of Property Owner(s)] STATE OF TEXAS § COUNTY OF [TARRANT or DENTON] § BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED [Name of Property Owner(s)] , KNOWN TO ME TO BE THE ONE WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. NOTARY PUBLIC, STATE OF TEXAS (d) Distribution and review. Ordinance 789 Page 16 of 20 (1) Distribution of copies. Final plats and engineering plans shall be distributed by the town engineer or town secretary. (2) Staff report. A staff report shall be prepared and a copy provided to the applicant and submitted prior to the planning and zoning commission hearing on the final subdivision plat application stating the comments of the subdivision review. After preparation of the report, the final plat and report shall be filed with the planning and zoning commission for consideration at its next regularly scheduled meeting. (e) Standards for approval; requirements. (1) Standards for approval. No final plat shall be recommended or approved by the town engineer, planning and zoning commission or Town Council unless the following standards have been met: a. The plat substantially conforms to the preliminary site evaluation, if a preliminary site evaluation was required. b. Required public improvements have been constructed and accepted or a subdivision improvement agreement has been accepted by the town providing for the subsequent completion of improvements. c. The plat confonns to the town's Comprehensive Plan, Thoroughfare Plan, Master Plans for Utilities and Drainage, and all applicable zoning and other regulations. d. Provision has been made for adequate public facilities under the terms of this chapter. e. The plat meets all other requirements of this chapter. f. Payment of all fees has been made. (2) Requirement for approval. The town engineer, planning and zoning commission or Town Council shall recommend or approve the plat if: a. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities and Drainage and its current and planned streets, alleys, parks, open space, and public utility facilities; b. It conforms to the town's Comprehensive Plan and the Master Plan for Utilities and Drainage for the extension of roads, streets, and public highways within the town and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; c. Any applicable bonds are filed; and Ordinance 789 Page 17 of 20 d. It conforms to subsection (e)(1) "Standards for Approval"of this section. (f) Approval procedure; recording of action. (1) Approval procedure. After review of the final plat, the town engineer shall place the final plat for decision on the agenda of a public meeting of the planning and zoning commission. Minor plats may be approved by the engineer or referred to the Planning and Zoning Commission and Town Council. Following review of the final plat and other materials submitted for conformity thereof to these regulations, the planning and zoning commission shall recommend approval or denial of the submitted final plat to the Town Council. a. Recommended approval. Final plats recommended for approval shall be filed for hearing by the Town Council. b. Recommended denial. Final plats not recommended for approval may be processed in one of the two following ways: 1. Final plat may be withdrawn and revised in accordance with the recommendations of the planning and zoning commission and refiled for reconsideration at a regularly scheduled planning and zoning commission meeting; or 2. The final plat recommended for denial may be filed for hearing at the next regularly scheduled Town Council meeting, with or without the recommend changes. c. Minor plats. Minor plats may be approved as set out in this chapter and state law. (2) Recording of commission action. The action of the planning and zoning commission shall be noted on two copies of the final plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider or developer and the other retained in the files of the town staff. A notation of the action taken on each final plat and requisite reasons therefor shall be entered in the minutes of the planning and zoning commission. (g) Certificate of compliance. Upon final approval of a final plat required by these regulations, the Town Council shall issue to the person applying for approval a certificate stating that the final plat has been approved by the town. For purposes of this section, final approval shall not occur until all conditions of approval have been met. (h) Effect of decision. (1) Effect of approval of final plat. Approval of a final plat shall certify compliance with the regulations of the town pertaining to the subdivision of land. An approved and Ordinance 789 Page 18 of 20 signed final plat may be filed with the county as a record of the subdivision of land and may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations. (2) Effect of denial. In the case of a denial of a final plat, the town shall advise the subdivider as to future requirements to obtain approval of the plat. (i) Signing and recording of final plat. (1) When improvement agreement and security are required. When a subdivision improvement agreement and security are required, the presiding officer and the town secretary shall endorse approval on the final plat after the agreement and security have been approved by the Town Council, and all the conditions pertaining to the final plat have been satisfied. (2) When installation of public improvements is required. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the town as shown by a certificate signed by the town engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished. (3) Recording final plat and agreements. It shall be the responsibility of the town engineer to file the final plat with the county clerk. Simultaneously with the filing of the final plat, the town engineer shall record such other agreements of dedication and legal documents as shall be required by these regulations. The final plat bearing all required signatures, shall be recorded after final approval. One copy of the recorded final plat will be forwarded to the property owner by the town engineer. SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly saved as to any and all violations of the provisions of the prior ordinance sections which existed at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same Ordinance 789 Page 19 of 20 would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016. Laura Wheat, Mayor ATTEST: Kelly Edwa d , Town Secretary Thomas E. Brymer, ow Manager � W ES 7- APPROVED AS TO FORM: O � L. /St 'nton LowryAown Attonley "-; T E X P' y�T AM Ordinance 789 Page 20 of 20 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 338535091 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/15/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 9/30/2016 Bill To: X D PO Number: TOWN OF WESTLAKE Order Number: 33853509 1301 SOLANA BLVD SEP 2 2016 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 I w w Description: TOWN OF WESTLA Publication Dates: 9/14/2016-9/15/2016 tiescription Location Col Depth Linage MU Rate Amount TOWN OF WESTLAKE ORDINANCE 789 13580 1 30 30 LINE $6.14 $368.60 TOWN WEST,LAKE, Misc Fee ORDINANCE � $10.00 ASIKE2TEOFASAM I1 CRAFTER` , SECTION 1x2 BY DELETING :THE DEFINITION-"OF; PRELIMINARY PLAT AND ADDING THE,DEFINITION OF SITE EVAL,, UATION;AMENDING CHAPTER,82 Net Amount: $378.60 PROVIDING. FOR PRELIMINARY SITE EVALUATIONS AND`I+Rp- �VIOl S STANDAR ' FOR PRE-< LIMtNARY SSITE EVALUATIONS` ANC!FLATS PROVIOINO FOR RE- UtREEN,5; PROVtCIING APPRIVAL OR't3ENlA' PRCtVICI. IfiIG.A PENALTY PRJDtI� A ?n:. �,' DEBORAH JEAN TAYLOR SAVINGS CLAUS; PttCtV1 ING ° FOR PUBLICATION; PRtSVtCIIIG s<: Notary Public,State of Texas FOR SEERABILI Y, PktC?Vtr>tNG = yQ My Commission Expires FOR 'REPEAL OF CONFLICTINGe. `•� October 29, 2019 County of Tarrant PROVISIONSy PROVIDING A CU MULATIVE CLAUSAND ESTAB- 11SHING AN EFFECRIVE DATE. SECTION bt Thls ordinance shall take effeSt Immediately from;and after Before me,a Notary Public in and for sr its passage as the Iaw-1n such case rsonally app eared Christy Ho([and,Bids&Legal Coordinator Iarovldes.PASSEDAND APPROVED for the Star-Telegram published by the, nN THIS 22nd DAY DF AUGUST 2016, rth,in?arrant County,Texas:and who after being duty sworn, did depose andsay that the attached clipping of advertisement was published in the above named paper on the listed dates: BIDS&LBGALS Df TT Star-Telegram.(t SUBSCRIBED AND SWORNTO BEFORE ME, THIS DA OFSEPT. 012016 Signed NOIAPxYP7IBLIC /!` Thank You For Your Payment Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 338535091 Invoice Amount: $378.60 PO Number: Amount Enclosed: