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01-29-18 TC Agenda Packet
The Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 6 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA January 29, 2018 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Workshop Session: 5:30 p.m. Regular Session: 6:30 p.m. Page 2 of 6 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2017. b. Report for the 1st Quarter Performance Measures for the Fiscal Year ending September 30, 2018. 5. DISCUSSION ITEMS a. Presentation and discussion by Westlake Public Art Competition Advisory Committee Representatives regarding status of Public Art Request for Proposal process and work to date since the committee’s appointment. b. Presentation and discussion of Chapter 46, Article VI, Tobacco Products, Smoking, and E-Cigarettes. c. Presentation and discussion regarding the potential adoption of a Unified Development Code (UDC) for the Town of Westlake. d. Standing Item: Presentation and discussion of development projects per Staff report December 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the Page 3 of 6 territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract e. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Solana Public Improvement District’s Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Page 4 of 6 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on December 11, 2017. b. Consider approval of the minutes from the meeting on January 8, 2018. c. Consider approval of Resolution 18-01, Appointing new members to the Public Art Competition Advisory Committee board. d. Consider approval of Resolution 18-02, Appointing a new member to the Historical Preservation Society board. e. Consider approval of Resolution 18-03, Authorizing the Town Manager to execute a lease with Frontier to utilize town owned telecommunications conduit (Ductbank) to serve the Quail Hollow Residential development. f. Consider approval of Resolution 18-04, Authorizing the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Westlake Fire-EMS Fire House 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. g. Consider approval of Resolution 18-05, Authorizing the Town Manager to enter into an agreement with Precision Landscape Management to provide Landscaping service for the center median and the east side of FM 1938/ Davis Boulevard and to the north of Dove Road. 5. CONDUCT A PUBLIC HEARING REGARDING THE LEVY OF ASSESSMENT WITHIN THE TOWN OF WESTLAKE SOLANA PUBLIC IMPROVEMENT DISTRICT, COMMONLY KNOWN AS ENTRADA DEVELOPMENT FOR IMPROVEMENT PROJECT B, THE PUBLIC PARKING GARAGE, IN THE AMOUNT OF $2,425,000. 6. DISCUSSION AND CONSIDERATION ORDINANCE 843, ACCEPTING AND APPROVING AN ANNUAL SERVICE PLAN UPDATE – ASSESSMENT PART B AND ASSESSMENT ROLLS FOR THE SOLANA PUBLIC IMPROVEMENT DISTRICT OF THE TOWN OF WESTLAKE. 7. DISCUSSION AND CONSIDERATION OF RESOLUTION 18-06, AUTHORIZING THE MAYOR TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH THE DEVELOPER OF TOWN OF WESTLAKE SOLANA PID, COMMONLY KNOWN AS ENTRADA DEVELOPMENT FOR CONSTRUCTION OF IMPROVEMENT PROJECT B, THE PUBLIC PARKING GARAGE, IN THE AMOUNT OF $2,425,000. Page 5 of 6 8. DISCUSSION AND CONSIDERATION OF ORDINANCE 844, AMENDING CHAPTER 62, PLANNING, ARTICLE III, BY ADDING SEC. 62-58 COMPREHENSIVE PLAN IMPLEMENTATION, PROVIDING CLARIFICATION OF ZONING APPLICATION REQUIREMENTS THAT REQUIRE THE APPLICANT TO DEMONSTRATE COMPLIANCE WITH THE COMPREHENSIVE PLAN. 9. DISCUSSION AND CONSIDERATION REGARDING THE APPOINTMENT OF A MEMBER AND THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE PLANNING & ZONING COMMISSION. 10. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract e. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Solana Public Improvement District’s Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Page 6 of 6 Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance 11. RECONVENE MEETING 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 13. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 14. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, January 25, 2018, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on December 11, 2017. b. Consider approval of the minutes from the meeting on January 8, 2018. c. Consider approval of Resolution 18-01, Appointing new members to the Public Art Competition Advisory Committee board. d. Consider approval of Resolution 18-02, Appointing a new member to the Historical Preservation Society board. e. Consider approval of Resolution 18-03, Authorizing the Town Manager to execute a lease with Frontier to utilize town owned telecommunications conduit (Ductbank) to serve the Quail Hollow Residential development. f. Consider approval of Resolution 18-04, Authorizing the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Westlake Fire-EMS Fire House 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. g. Consider approval of Resolution 18-05, Authorizing the Town Manager to enter into an agreement with Precision Landscape Management to provide Landscaping service for the center median and the east side of FM 1938/ Davis Boulevard and to the north of Dove Road. Town Council Item # 3 – Review of Consent Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2017. b. Report for the 1st Quarter Performance Measures for the Fiscal Year ending September 30, 2018. Town Council Item # 4 – Reports estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2017 STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Maintain Receipt of Various Financial Awards for both Municipal and Academic Services - Transparency Time Line - Start Date: October 1, 2017 Completion Date: December 31, 2017 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The 1st quarter “Dashboard” reports and “Analysis” for the FY 2017-2018 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) operating funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining funds are a function of transfers in, related expenditures and transfers out; therefore, we have not prepared quarterly reports for these funds. We have also included an additional report related to the capital projects year-to-date expenses as well as an update of the projects. Please note on each individual fund’s report, you may see a “M” or a “%” beside several revenue line items. The “M” indicates that the line-items are typically accrued, and the revenue hasn’t been received yet. Instead of using this explanation and reporting as a budget that has under- performed, we have taken the number of months of receipts and used that amount to calculate the YTD budget. Because several of our revenues are not received evenly throughout the year we are calculating the YTD budget amount based on the percentage (“%”) of the revenue received in the prior year for the same period. We feel this is a much better representation of the current year revenue. In review, these quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at 12/31/17 has been presented. The color green obviously means that we are good in those specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two areas show up as yellow (cautionary) or red (critical). A summary is presented at the bottom of each fund page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operations. Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated helping you understand what specifically happened with that revenue line-item. I have also prepared explanations for several expenditures that were considerably under budget so you may see why these funds have not been expended. Included in each explanation you will find a number that reflects the exact variance in that department/line-item. RECOMMENDATION The Council review the current quarterly financial reports. ATTACHMENTS Quarterly Financial Dashboard and Analysis for the Quarter Ended 12/31/17 for the following funds: • General Fund • Visitors Association Fund • Utility Fund Capital Projects Update Quarterly Financial Dashboard FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget M General Sales Tax 277,234$ 3,510,500$ 585,083$ 485,735$ 83%(99,348)$ %Property Tax 484,542 1,205,205 393,627 442,129 110%48,502 %Franchise Fees 5,243 983,815 4,572 16,112 352%11,540 Permits and Fees Misc 49,161 302,145 76,157 55,132 72%(21,025) Permits and Fees Bldg 262,290 2,137,121 538,672 378,338 70%(160,333) Fines & Forfeitures 150,564 809,880 204,134 191,589 94%(12,545) Misc Income 8,698 124,160 31,295 15,687 50%(15,608) Total Revenues 1,237,731 9,072,826 1,833,541 1,584,724 86%(248,817) Transfer In 108,716 50,000 12,603 - 0%(12,603) 1,346,447$ 9,122,826$ 1,855,852$ 1,582,724$ 85%(261,420)$ FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget Payroll, Taxes, Insurance, Retirement 850,144$ 4,204,869$ 1,059,857$ 931,256$ 88%(128,602)$ Operations & Maintenance 959,657 3,570,814 1,163,078 983,401 85%(179,677) Total Expenditures 1,809,801 7,775,683 2,222,936 1,914,657 86%(308,278) Transfer Out 305,893 2,787,892 702,702 - 0%(702,702) 3,925,495$ 10,563,575$ 2,925,637$ 1,914,657$ 65%(1,010,980)$ FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals through Annual of the through 1st Quarter Budget YTD Budget 1st Quarter 1,346,447$ 9,122,826$ 1,855,852$ 1,582,724$ 3,925,495 10,563,575 2,925,637 1,914,657 (2,579,048)$ (1,440,749)$ (1,069,785)$ (331,933)$ 8,553,121 9,614,343 9,614,343 9,614,343 Ending Fund Balance 5,974,073 8,173,594 8,544,557 9,282,409 553,197 555,202 555,202 520,158 Unrestricted Fund Balance 5,420,876$ 7,618,393$ 7,989,356$ 8,762,251$ Total Operating Expenditures $7,411,775 $9,548,251 $2,925,637 $1,914,657 Daily Operating Cost $20,005 $26,160 $26,160 $26,160 # of Operating Days Unrestricted 271 291 305 335 Total Expenditures and Other Uses SUMMARY Restricted Funds Net Change to Fund Balance Beginning Fund Balance Total Revenues & Other Sources Total Expenditures & Other Uses FY 2017/2018 FY 2017/2018 FY 2017/2018 Quarter Ended General Fund EXPENDITURES AND OTHER USES Total Revenues and Other Sources REVENUES AND OTHER SOURCES (M) Based on number of months of receipts (%) Based on same % as prior year 33% 1% 12/31/2017 Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 1 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2017 GENERAL FUND TOTAL REVENUES AND OTHER SOURCES $9,122,826 Adopted Budget $1,855,852 YTD Budget $1,582,724 YTD Actual 85% Percent of YTD Budget $( 261,420) Over(Under) Budget GENERAL SALES TAX $3,510,500 Adopted Budget (GF portion only) (Remaining portion recorded in 4B Fund) $ 585,083 YTD Budget (2 months) $ 485,735 YTD Actual 83% Percent of YTD Budget $ ( 99,348) Over(Under) Budget • Sales tax revenues are received from the State two months after paid. Because the Town is on a modified accrual basis, we can recognize these revenues when earned. • We have only received two months of revenue for the first quarter of FY 2018. • Current year budget includes $200K (General Fund) in revenue projected from the situs agreement with Schwab. I’ve been in contact with them and it appears everything is set up to receive these funds when they start purchasing. PROPERTY TAX $1,205,205 Adopted Budget $ 393,627 YTD Budget (33%) $ 442,129 YTD Actual 110% Percent of YTD Budget $ 38,794 Over(Under) Budget • Because the income will not be distributed evenly over the fiscal year, the YTD budget is calculated on the percentage of revenue collected in the prior year for the same period (33%) FRANCHISE FEES $ 983,815 Adopted Budget $ 4,572 YTD Budget $ 16,112 YTD Actual 352% Percent of YTD Budget $ 11,540 Over(Under) Budget • Receipt for the first quarter is typically received near the end of January or February. To- date there have been no substantial receipts. 2 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2017 GENERAL FUND PERMITS & FEES – MISC. $ 302,145 Adopted Budget $ 76,157 YTD Budget $ 55,132 YTD Actual 72% Percent of YTD Budget $ ( 21,025) Over(Under) Budget • Income will not be distributed evenly over the fiscal year. • The largest items that make up this category are the following: o Liquor permit fees o EMS user fees o Fire sprinkler permit fees PERMITS & FEES - BUILDINGS $2,137,121 Adopted Budget $ 538,672 YTD Budget $ 378,338 YTD Actual 70% Percent of YTD Budget $ (160,333) Over(Under) Budget • Single Family Residential permits - GF $201,819 YTD budget - $153,793 Actual o Granada – $73,175 YTD budget - $82,484 Actual o Budgeted to start 20 homes for the year 4 building permits were issued in the 1st quarter 1 is in the plan review state 1 remodel o Vaquero – $51,516 YTD budget - $24,105 o Budgeted to start 10 homes for the year 2 building permits were issued in the 1st quarter 2 remodels o Quail Hollow - $51,516 YTD budget - $0 Actual o Budgeted to start 10 homes for the year $80,000 WA fee for Phase 3 No new starts to-date o Carlyle Court – $3,659 YTD budget - $0 Actual o Budgeted to start 1 homes for the year No new starts to-date o Terra Bella – $3,659 YTD budget - $0 Actual o Budgeted to start 1 home for the year No new starts to-date 1 remodel o Other - $18,293 YTD budget - $0 Actual o Budgeted to start 5 homes for the year No new starts to-date o Entrada – $177,934 YTD budget - $47,204 Actual (all funds budgeted to be transferred to Capital Project Fund) 3 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2017 GENERAL FUND o Budgeted to start 50 homes for the year 3 building permits were issued in the 1st quarter 2 were in the plan review stage Entrada has had a rather slow start for its residential projects. It was projected the builders for Block J & I (residential) would be pulling their permits in the 1st quarter of the fiscal year. In addition, the developer’s own home builder has taken initiative in beginning to build homes in Entrada as part of Block E (residential) near the canal. With the developer finishing public improvements in Entrada, we have seen a lot more interest and expect Block J & I will begin construction soon with more residential projects commencing this fiscal year. Entrada will be close the projections of this fiscal year. Quail Hollow shares a similar story to Entrada. No one wants to be the first in the vast open space. However, staff has started seeing interest for the neighborhood now that most public improvements are finished. We saw only one grading permit come in for the first quarter of this fiscal year, however (just like Entrada), the developer is taking the initiative of being the first to build a home in the subdivision. Quail Hollow should be in line with projections by the end of the fiscal year. Granada and Vaquero are still the prime neighborhoods for development. There are still lots available in each neighborhood. Vaquero may be under from what it typically seen; however, Granada more than makes up the difference. Vaquero is beginning to see quite a bit of additions and remodels to its older homes. Terra Bella and Carlyle Court have slowed down a bit. There are very few lots in both subdivisions to develop, so the interest in these is not as high as the newer subdivision. • Commercial Permits and Fees - $154,523 YTD budget - $67,767 Actual Entrada has had a slow start with its commercial projects as well. However, the restaurant row, gas pad-parking garage, and plaza and other small commercial should be on the horizon. Commercial is hard to market for a development as unique as Entrada, which is why some projects in Entrada may not be taking off as quick as we might have previously expected. Solana continues to go under remodel and renovations. There has been quite a bit of interest with new tenants filling up the offices in the Terrace and the Plaza at Solana from business such as Allstate, Air Force, and a CrossFit gym. Deloitte University organizes an annual “Dark Days” remodel of their entire facility every holiday season, while all their employees are on vacation. 4 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2017 GENERAL FUND MISC INCOME $ 124,160 Adopted Budget $ 31,295 YTD Budget $ 15,687 YTD Actual 50% Percent of YTD Budget $ (15,608) Over(Under) Budget • Income will not be distributed evenly over the fiscal year • Majority of this income represents a contribution from Deloitte for a Lucas chest compression device. TOTAL EXPENDITURES AND OTHER USES $ 7,775,683 Adopted Budget $ 2,925,637 YTD Budget $ 1,914,657 YTD Actual 65% Percent of YTD Budget $(1,010,980) Over(Under) Budget PAYROLL AND RELATED $ 4,204,869 Adopted Budget $ 1,059,857 YTD Budget $ 931,256 YTD Actual 88% Percent of YTD Budget $ (128,602) Over(Under) Budget • This cost is affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment. • Much of this variance is a result of unfilled positions and timing of new hires. OPERATIONS & MAINTENANCE $ 3,570,814 Adopted Budget $ 1,163,078 YTD Budget $ 983,401 YTD Actual 86% Percent of YTD Budget $ (308,278) Over(Under) Budget • Expenditures will not be distributed evenly over the fiscal year. • As the year progresses, these expenditures should balance out. OTHER USES - TRANSFERS OUT $ 2,787,892 Adopted Budget $ 702,702 YTD Budget $ 0 YTD Actual 0% Percent of YTD Budget $ (702,702) Over(Under) Budget • No transfers out have been made to-date 5 FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget M 138,482$ 812,360$ 135,393$ 136,649$ 101%1,256$ 6,204 14,460 3,645 4,440 122%795 144,686$ 826,820$ 139,038$ 141,089$ 101%2,051$ FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget 69,750$ 391,249$ 98,616$ 64,296$ 65%(34,321)$ Operating Transfers for Payroll 97,320 518,510 130,693 106,176 81%(24,517) Total Operating Expenditures 167,070 909,759 229,309 170,471 74%(58,838) 15,600 - - - 0%- 167,095$ 909,759$ 229,309$ 170,471$ 74%(58,838)$ FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals through Annual of the through 1st Quarter Budget YTD Budget 1st Quarter $ 144,686 $ 826,820 $ 139,038 $ 141,089 167,095 909,759 229,309 170,471 (22,409)$ (82,939)$ (90,271)$ (29,382)$ 1,011,947 802,831 802,831 802,831 989,538 719,892 712,560 773,449 - - - - 989,538$ 719,893$ 712,560$ 773,449$ Total Operating Expenditures $167,095 $909,759 $229,309 $170,471 Daily Operating Cost $2,822 $2,492 $2,492 $2,492 # of Operating Days Unrestricted 351 289 286 310 Operations & Maintenance Other Uses - Transfers Out Beginning Fund Balance Restricted Funds Net Change to Fund Balance Unrestricted Fund Balance Ending Fund Balance SUMMARY Total Expenditures & Other Uses Total Revenues & Other Sources REVENUES AND OTHER SOURCES (M) Based on number of months of receipts Hotel Occupancy Tax Misc Income FY 2017/2018 FY 2017/2018 FY 2017/2018 Total Expenditures and Other Uses Visitor Association Fund 12/31/17Quarter Ended Quarterly Financial Dashboard EXPENDITURES AND OTHER USES Total Revenues and Other Sources Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 6 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2017 VISITORS ASSOCIATION FUND TOTAL REVENUES AND OTHER SOURCES $826,820 Adopted Budget $139,038 YTD Budget $141,089 YTD Actual 101% Percent of YTD Budget $ 2,051 Over(Under) Budget HOTEL OCCUPANCY TAX $812,360 Adopted Budget $135,393 YTD Budget $136,649 YTD Actual 101% Percent of YTD Budget $ 1,256 Over(Under) Budget • YTD Budget is based on 2 months of receipts. Typically, we receive the prior month report the last week of the subsequent month MISCELLANEOUS INCOME $ 14,460 Adopted Budget $ 3,645 YTD Budget $ 4,440 YTD Actual 122% Percent of YTD Budget $ 795 Over(Under) Budget • This income represents revenues from sponsorships, donations and special events from the Historical Board, Public Arts and Arbor Days. o The current revenue is primarily associated with the sponsorship and entrance fees related to the car show. 7 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2017 VISITORS ASSOCIATION FUND TOTAL EXPENDITURES AND OTHER USES $ 909,759 Adopted Budget $ 229,309 YTD Budget $ 170,471 YTD Actual 74% Percent of YTD Budget $ (58,838) Over(Under) Budget OPERATIONS & MAINTENANCE $ 391,249 Adopted Budget $ 98,616 YTD Budget $ 64,296 YTD Actual 65% Percent of YTD Budget $ (34,321) Over(Under) Budget • Most of expenditures in this category are from the Historical Board, Public Arts and Arbor Days. These events will occur later in the fiscal year and expenditure costs should be reflected at that time. OPERATING TRANSFERS FOR PAYROLL $ 518,510 Adopted Budget $ 130,693 YTD Budget $ 106,176 YTD Actual 81% Percent of YTD Budget $ (24,517) Over(Under) Budget • This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; (medical, dental, life, workers comp, unemployment) 8 Utility Fund - 500 Quarterly Financial Dashboard PY Actuals ADOPTED Allocation YTD Actuals percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget %Water Revenues 19%510,828 2,730,500 518,795 671,615 129%152,820 %Sewer/Waste Revenues 19%173,103 942,300 179,037 217,984 122%38,947 Tap/Impact Fee Revenues 23,319 92,940 23,235 17,113 74%(6,122) Permit & Fee Revenues 29,000 168,865 42,216 28,645 68%(13,571) Misc Revenues 17,325 49,570 12,393 11,154 90%(1,238) 753,575$ 3,984,175$ 775,676$ 946,511$ 122%170,836$ PY Actuals ADOPTED Allocation YTD Actuals percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget Water Purchases 140,284 1,344,600 159,443 208,616 131%49,174 Operations & Maintenance 387,007 2,768,173 697,731 488,132 70%(209,600) Capital Projects - - - - 100%- Transfers Out 201,451 56,250 14,178 - 0%(14,178) 728,742$ 4,169,023$ 871,352$ 696,748$ 80%(174,604)$ PY Actuals ADOPTED Allocation YTD Actuals through Annual of the through 1st Quarter Budget YTD Budget 1st Quarter Total Revenues & Other Sources 753,575 3,984,175 775,676 946,511 Total Expenses & Other Uses 728,742 4,169,023 871,352 696,748 Net Change to Fund Balance 24,833 (184,848) (95,676) 249,764 Beginning Fund Balance 1,121,826 481,814 481,814 481,814 Endinging Fund Balance 1,146,660 296,966 386,138 731,578 Restricted Funds 232,435 238,007 238,007 242,581 Unrestricted Fund Balance 914,225$ 58,959$ 148,131$ 488,998$ Total Operating Expenses $140,284 $4,112,773 $159,443 $208,616 Daily Operating Cost $11,387 $11,268 $11,268 $11,268 # of Unrestricted Operating Days 101 26 34 43 FY 2017/2018REVENUES AND OTHER SOURCES (%) Based on same % as prior year Total Expenses and Other Uses Total Revenues and Other Sources Quarter Ended 12/31/2017 FY 16/17 SUMMARY FY 16/17 FY 2017/2018 EXPENSES AND OTHER USES FY 16/17 FY 2017/2018 Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 9 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2017 UTILITY FUND TOTAL REVENUES AND OTHER SOURCES $3,984,175 Adopted Budget $ 775,676 YTD Budget $ 946,511 YTD Actual 122% Percent of YTD Budget $ 170,836 Over(Under) Budget WATER REVENUES $2,730,500 Adopted Budget $ 518,795 YTD Budget (19% in prior year) $ 671,615 YTD Actual 129% Percent of YTD Budget $ 152,800 Over(Under) Budget • YTD budget calculation is based on the percentage of revenues received for the same period in the prior year. o 2016 was also a drier year than normal DFW, which would increase the amount of water sold; thereby increasing water and sewer revenues. o A combination of FY 17/18 Q1 below average rainfall and increased rates generated increased water and sewer revenue. Oct 2017 Consumption billed November $384,763 Nov 2017 Consumption billed in December $286,851 Dec 2017 Consumption billed in January $207,160 SEWER & WASTE REVENUES $942,300 Adopted Budget $179,037 YTD Budget (19% in prior year) $217,984 YTD Actual 122% Percent of YTD Budget $ 72,748 Over(Under) Budget • Residential sewer averages work in correlation with increased water usage and new rates are based on December, January, and February consumption. Commercial is based on the actual consumption. TAP AND IMPACT FEE REVENUES $ 92,940 Adopted Budget $ 23,235 YTD Budget $ 17,113 YTD Actual 74% Percent of YTD Budget $ (6,122) Over(Under) Budget • These revenues are a direct reflection of new home starts and commercial building. • Revenues are projected to be on target as Schwab and Entrada developments increase construction activity. 10 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2017 UTILITY FUND PERMIT AND FEES REVENUES $ 168,865 Adopted Budget $ 42,216 YTD Budget $ 28,645 YTD Actual 68% Percent of YTD Budget $ (13,571) Over(Under) Budget •These revenues are a direct reflection of new home starts. •Revenues are on target for the year. MISCELLANEOUS REVENUES $ 49,570 Adopted Budget $ 12,393 YTD Budget $ 11,104 YTD Actual 90% Percent of YTD Budget $ (1,288) Over(Under) Budget •These revenues are primarily a direct reflection of new home starts. •Revenues are on target for the year. TOTAL EXPENSES AND OTHER USES $4,169,023 Adopted Budget $ 871,352 YTD Budget $ 696,748 YTD Actual 80% Percent of YTD Budget $( 179,604) Over(Under) Budget WATER PURCHASES $1,344,600 Adopted Budget $ 159,443 YTD Budget (12% based on prior year) $ 208,616 YTD Actual 131% Percent of YTD Budget $ 49,173 Over(Under) Budget •YTD budget calculation is based on the percentage of expenditures for the same period of the prior year. o FY 17/18 Q1 was exceptionally dry and warm causing increased water and sewer usage. Invoicing from Fort Worth typically runs two months in arrears •Oct 2017 billing paid in December $142,387 11 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2017 UTILITY FUND OPERATIONS & MAINTENANCE $2,768,173 Adopted Budget (Debt $1,155,174) $ 697,731 YTD Budget $ 488,132 YTD Actual 70% Percent of YTD Budget $(209,600) Over(Under) Budget • As the year progresses, these expenditures should balance out. • $888,160 – Fort Worth Phase 2 initial payment to be paid this year o Total amount of approximately $4M with the Texas Water Development Board funding is to be obtained this fiscal year with all Town cash expenses to-date being reimbursed and the remaining project balance paid to Fort Worth • $120,538 – Keller Overhead Storage debt to be paid at year-end • Repair & Maintenance accounts under budget $20,595 – event-based expenditures. Depends on water main breaks, etc. • Service Accounts are over budget $220,757 o Budgeted $612,000 - Southlake-Wastewater Treatment was budgeted with the assumption the sanitary metering station would be completed last fiscal year which would have transferred the billing to TRA. The meter station should be completed and transferred to TRA within the next 6 months. o Southlake WW Treatment budget was reduced based on the above assumption of metering station construction. 12 Town of Westlake Update for Quarter Ended 12/31/2017 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD TRANSPORATION PROJECTS GL ACCOUNT NUMBER GL DESCRITPION Adopted Budget YTD Actuals Variance 410-74400-00-000-000068 Dove Rd/FM1938 Signalization $ 160,000 - $ (160,000) 410-74400-00-000-000070 Solana/FM1938 Signalization 10,000 - (10,000) $ 170,000 - $ (170,000) Dove Rd/FM1938 Signalization The Dove signal project was placed on hold due to water and poor soil conditions preventing the last signal pier from being installed. TxDOT met their contractor in mid-December to discuss an alternative design to mitigate water and poor soil conditions. The contractor is scheduled to re- mobilize this week and drill the final signal pier within the next two weeks with a tentative date to energize the signals and set to “Flash Red” in late January. Full color signal operation would follow the next week. Solana/FM1938 Signalization Project placed on hold until the TxDOT contractor re-mobilizes with the Dove/1938 project. 13 Town of Westlake Update for Quarter Ended 12/31/2017 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER GROUNDS PROJECTS GL ACCOUNT NUMBER GL DESCRITPION Adopted Budget YTD Actuals Variance 410-73000-00-000-000076 Cemetery Improvements 100,000 7,140 (92,860) 410-74400-00-000-000071 WA Outdoor Science Project 175,000 2,280 (172,720) 275,000 7,810 (267,190) CEMETERY IMPROVEMENTS This project will include extending the pipe and cable fence south along Ottinger Road. In addition, the old cell tower concrete pad will be removed to make room for a new water well in the same location to provide irrigation for the cemetery. These improvements are being funded by a 2017 donation in the amount of $200,000. WA OUTDOOR SCIENCE PROJECT The Westlake Academy Foundation has raised $175,000 to construct Phase 2 of the Outdoor Learning Station Master Plan. This phase includes the Math & Science Plaza located east of the vegetable garden on the north side of the campus. This project will go out for bid in January 2018 and is scheduled to be completed by May 2018. 14 Town of Westlake Update for Quarter Ended 12/31/2017 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER FACILITY PROJECTS Prior Year FY 17/18 TOTAL TOTAL Over(under) Acct Description Actuals Actuals ACTUALS BUDGET Budget Cash (Fund Balance) $ - $ - $ $ 320,170 $ (320,170) Bond Proceeds 9,204,296 - 9,204,296 9,204,300 (4) Texas Tax Note 1,500,768 - 1,500,768 1,500,768 0 Contributions - Private 1,200,000 - 1,200,000 1,200,000 - Land Contributions 1,750,000 - 1,750,000 1,750,000 - 13,655,064 - 13,655,064 13,975,238 (320,174) Engineering 28,190 - 28,190 1,177,538 (1,149,348) Appraisal Fees 10,885 - 10,885 - 10,885 Design Fees 663,576 24,478 688,054 532,500 155,554 Miscellaneous Legal 12,853 - 12,853 - 12,853 Boyle & Lowry 18,310 2,455 20,765 - 20,765 Contingency - - - 469,725 (469,725) Advertising Public Notices 776 - 776 - 776 Printing 845 485 1,330 - 1,330 Security Service - - - 212,500 (212,500) Misc. Expense - 5,428 5,428 - 5,428 Construction Expense - - - 9,557,975 (9,557,975) Land Purchase 1,750,000 - 1,750,000 1,750,000 - Furniture & Fixtures - - - 275,000 (275,000) 2,485,435 32,847 2,518,282 13,975,238 (11,456,956) $11,169,629 $ (32,847) $11,136,782 $ - $ 11,136,782 FIRE STATION/EMS COMPLEX Fire House 1 project is well underway. The rough site grading and building pads will be completed by the end of January. Plans are being made to start the installation of the storm drain sanitary sewer and water lines this week. The project is on schedule to be completed by January 2019. 15 Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Report for the 1st Quarter Performance Measures for the Fiscal Year ending September 30, 2018 STAFF CONTACT: Amanda DeGan, Assistant Town Manager DECISION POINTS Start Date Completion Date Timeframe: October 1, 2017 September 30, 2018 Funding: Amount- N/A Status- N/A Source- N/A Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Strategy is Defined, Implemented and Reviewed Routinely EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The performance measures for the 1st quarter of this fiscal year are attached for Council review. You may recall that these measures were previously reviewed and approved by Council when staff presented the strategic plan in 2014. The measures are designed to capture our progress on each strategic outcome objective within our Tier One strategy map and provide us with data to help guide our budgeting and planning efforts. Page 2 of 2 Staff is currently working to update our existing performance measures and will bring this to Council for review. RECOMMENDATION Review of the performance measures. ATTACHMENTS To be sent under separate cover DISCUSSION ITEMS a. Presentation and discussion by Westlake Public Art Competition Advisory Committee Representatives regarding status of Public Art Request for Proposal process and work to date since the committee’s appointment. b. Presentation and discussion of Chapter 46, Article VI, Tobacco Products, Smoking, and E-Cigarettes. c. Presentation and discussion regarding the potential adoption of a Unified Development Code (UDC) for the Town of Westlake. d. Standing Item: Presentation and discussion of development projects per Staff report December 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #5 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Presentation and Discussion by Westlake Public Art Competition Advisory Committee Representatives Regarding Status of Public Art Request for Proposal Process and Work to Date Since the Committee’s Appointment. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 19, 2017 Completion Date: On-going Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On February 27, 2017, after a lengthy process that included opportunity for public participation, the Town Council reviewed and adopted a new Public Art Plan. Staff then began working with the Town’s public art consultant to formulate next steps for implementing the Town’s Public Art Plan. This included creating a competition to ultimately obtain a public art piece which would be the first in the Town’s collection under this Public Art Program. To accomplish this first public art competition, it was proposed to the Council for it to appoint a Public Art Competition Advisory Page 2 of 2 Committee. This Committee was appointed, and their charge delineated, by the Town Council in a resolution on June 19, 2017. Since that the time the Westlake Public Art Competition Committee (WPACC) has been meeting and identifying the location of the Town’s first public art piece under the Town’s new Public Art Plan. Further, the WPACC has also been formulating the process for identifying artists, soliciting their qualifications, and selecting finalists for design of this first public art piece under the Town’s new Public Art Plan. The Committee is also heavily involved in identifying funding for this effort. The purpose of this workshop agenda item is to provide the Committee’s representatives the opportunity to update the Town Council on their activities to date, as well as review the Request for Qualifications (RFQ) document, and RFQ process with the Committee’s representatives. It also is an opportunity for the Committee’s representatives to receive Council input and feedback as well as answer any questions the Council may have about WPACC activities to date and going forward. RECOMMENDATION That the Council hear the WPACC’s report and presentation, review the recommended going forward RFQ process, and provide feedback and direction to the Committee regarding their recommendations. ATTACHMENTS Draft Request for Qualification (RFQ) document with appendix regarding information about the Town of Westlake. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 1 of 10 Town of Westlake, Texas Public Art Request for Statement of Qualifications (RFQ) from interested artists: The Dove/ Davis Public Art Project Invitation The Town of Westlake, through its Texas Public Arts Competition Advisory Committee, is accepting qualifications from artists for a Public Art installation at the corner of Davis Boulevard (FM 1938) and Dove Road in Westlake, Texas. This is the first in a series of such pieces planned for the Town and will, therefore, set an artistic standard for future works. The selected artist will be asked to create a design and proposal for fabrication and installation of a major Public Art work to be located on the site described below. The site is part of a larger tract shared with Westlake’s newest fire station, now under construction. Therefore, the selected artist will be required to coordinate their work with the project contractor and landscape architect in order to properly sequence implementation and appropriately integrate with the overall landscape design. Artists who have experience in the execution of projects with similar scope and requirements are urged to respond to this invitation. Budget The Budget for this project is $750,000 - $1,000,000. This budget amount is inclusive of all costs associated with the project including the artist selection process, design costs, artist’s fee, fabrication, site prep, and installation. The budget includes all costs for travel/ site visits, community meetings, meetings between the artists and the Fire Station project design/construction team. The budget also includes all taxes and insurance. Up to four finalists will be selected to conduct a site visit, develop a proposal, and return for interviews. Finalists will be paid a $12,000.00 honorarium, inclusive of travel costs, as approved by the Town. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 2 of 10 Introduction – The Town of Westlake • Understanding past, present, emerging, and inherent conditions that shape and influence the future of Westlake. • The Town of Westlake comprises emerging commercial and residential areas juxtaposed with pastoral and open spaces Westlake is a growing, vibrant community with a unique identity located in the dynamic Dallas Fort Worth (DFW) Metroplex on the high growth State Highway 114 corridor minutes away from the north entrance to DFW airport. The demographic of Westlake’s residents is one that is very high end as is the housing market. Westlake residents are very well educated and quite successful in their respective fields of employment. Westlake’s development standards are of the highest quality. Westlake is home to several top tier companies. With the recent announcement by the Charles Schwab Company and commencement of the construction of a major corporate office campus in Westlake, the Town now has a financial industry cluster located in its boundaries that also includes Fidelity Investments and Deloitte LLP. The environment in Westlake, culturally, governmentally, and business-wise, is a very sophisticated one. Further, it involves owning the only municipal charter schools in the State of Texas, Westlake Academy, a K-12 school featuring the International Baccalaureate curriculum. Westlake’s agricultural beginnings, its proximity to neighboring growth centers, and its location relative to the outward expansion of both Dallas and Fort Worth have contributed to the present character, setting, and identity of the Town as well as its commitments to development entitlements. These historic dynamics will continue to nurture further development/ expansion/growth of the region and context surrounding Westlake. As surrounding change intensifies, internal change can become more pervasive and dramatic. Therefore, understanding the forces of change, the potential effects of change, and the time frame of change is critical to creating a plan that can manage/respond to change. Additional background information regarding the Town of Westlake is contained in the appendices to this RFP. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 3 of 10 Vision & Mission Statements Town of Westlake Vision & Mission Statement Vision Westlake is an oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Mission On behalf of the citizens, the mission of the Town of Westlake is to be a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake Public Arts Competition Advisory Committee Vision & Mission Statement Vision “Expand the natural, cultural and aesthetic environment of the Town of Westlake with works of art that engage the senses, challenge the mind, enhance the beauty, and embrace the soul of the citizens of Westlake.” Mission “The Westlake Public Art Advisory Competition Committee is founded to establish a partnership between the Town of Westlake and distinguished representatives of the Regional Arts Community that will jointly pursue a Competition based Public Arts Program in Westlake Texas which cultivates excellence in public art, nourishes and develops new and emerging talent, provides a venue for the recognition and promotion of such unique talent, and seeks masterpiece in public art works overall “ RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 4 of 10 Goals, Themes and Scope of the Dove/Davis Project Goals of the Project Westlake is seeking a Public Art installation that: A. Builds upon the visual, locational, and public importance of this site, B. Manifests the site’s exceptional natural characteristics (reflecting its association with the Town’s Open Space Core, and C. Allows public interaction that the artist deems appropriate for this project. Overarching themes in the artwork should encompass the mission of the City of Westlake as well as the mission of the public arts initiative. The site is located at the corner of two major thoroughfares in the city with three affluent residential developments and corporate campuses within the area. The artwork should be visible from multiple vantage points most critically from the street level as a pedestrian and from a distance in automobiles. It should integrate with the varying nature of the site and take into consideration the on-site fire station, bio swale, tree-line and pedestrian trail. As indicated in the site description, the artwork will be respond to a graded terrain and will take into consideration the function of the varying levels of water within the bio swale. (See the attached site plan). Additionally, the artwork must take the following design aspirations into consideration: • Relevance – artwork must be appropriate for the chosen location and for the mission of the BSE and USG campus as a whole • Sustainability – sustainable materials in order to remain in line with USG’s sustainability mission. • Originality - artwork must be original and unique to the Westlake project • Durability and Permanence – resistance to theft and weathering as well as structural sustainability and ease of maintenance. • The artwork will consider both available natural and artificial light sources and be viewable from multiple vantage points and elevations. Electricity and/or water can be provided for the artwork in consultation with the architect and electrical engineer. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 5 of 10 Scope of work The scope of this project includes contracting with an Artist and/or Artist Team to design, fabricate, and oversee installation of a permanent artwork at the location described below. A successful design should take particular advantage of both the site public exposure as well as its attachment to the future open space core of the Town fabric and creatively interpret the natural associations that the site possesses. Responders to this RFQ are expected to make themselves familiar with the site per the information in this section of the RFQ and the RFQ as a whole, as well as any other supplemental informational sources about the site which they determine to obtain (example: on-line map resources). This site is located in a place of high visibility and community significance at the northwest corner of Davis Boulevard (FM 1938) and Dove Road on a roadway designed to carry 50,000 vehicles per day by 2030. Plus, joggers, bikers, and walkers frequent this location using the trail system adjacent to this location. There is an existing detention Swale at this location which will be expanded due to the Fire Station development. The enlarged swale is intended RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 6 of 10 to temporarily store storm water run-off from the developed larger site. The maximum depth of detained water is ___ feet and depending on rainfall will often be less. The final configuration of this detention area will be part of the consideration given to this project by the artist (see diagram below for detention zone delineation). Therefore, consideration of, and inclusion of, the detention function is an important aspect of the artist’s proposal. The artist will be required to coordinate with the City Engineer on matters related to the detention facility. Site Description The initial Public Art Project will be located at a central traffic intersection in the Town of Westlake, Texas (the northwest corner of Davis Street, also FM 1938, and Dove Road) and will, therefore have major public exposure. This intersection is a hub of local and regional movement, serving 50,000 cars a day by 2027. The site area available for the art installation is 1 acre and is part of: 1. A 1000 acre+ open space core for the Town as identified in the Westlake Comprehensive Plan adopted in 2015 (see diagram 1). This Open Space core is envisioned as the “seam” of public life where the relatively small residential population of the Town share activity with a large daytime population (working and shopping in the more than 20 million square feet of commercial zoning now in place). RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 7 of 10 2. A community fabric which hosts: A. Major Financial Service Companies (such as Charles Schwab, Fidelity Investments, and Sabre), B. Major land owners (such as Hillwood and Blackstone), and C. A residential build out potential of 7500 people. 3. A public improvement project that includes a new Fire station, occupying the northerly portion of the larger 5-acre site (See diagram below) RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 8 of 10 4. A natural drainage way through which storm water run-off flowing from points north and west of this site will flow to natural waterways located south and east (see diagram below) 5. A point of convergence in the alignment of pedestrian trails of the Town. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 9 of 10 Proposal Requirements Qualification Process Artists must submit a resume along with 4-6 images of comparable projects for consideration. Artists should provide a summarization of their projects, including their achievement of the stated goals, and their interaction with the project engineers and staff. A shortlist of up to 8 artists will be selected from Café based on interest, suitability and/or experience. Shortlist artists will have an opportunity to discuss possibilities and goals with the selection committee during a skype interview. Artists will have approximately one (1) month to prepare a concept for consideration. After review of the proposals, three finalists will be invited for an interview. Finalists will be required to present a PowerPoint presentation, samples of materials, time line, budget and a narrative describing the inspiration for the design, the fabrication process and installation. Finalists will also submit maintenance requirements for their design. The selection committee will present these finalist submissions to the Town along with their recommendation. A minimum of one (1) copy of the qualification proposal must be submitted as a hard copy, with required paperwork. An electronic copy (email or CD/flash drive) of the proposal must also be submitted. The proposal must be submitted to the address below, no later than __________________. Town Manager Town of Westlake 1500 Solana Blvd. Bld. 7, Suite 7200 Westlake, Texas 76262 Questions Questions must be submitted electronically to the WPACAC Committee chairman at the following email address __________________. All questions and responses will be posted on the Project link under FAQ’S of the public website. Phone call and written questions will not be responded to. Please review the website FAQ’s before submitting. Questions must be received no later than ________________. Any questions received after this time and date will not receive a response. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 10 of 10 Tentative Schedule February , 2018 RFP Open on Call for Entry (Café) April , 2018 Online Café Closed at midnight, CST. June , 2018 Shortlisted Artists notified July , 2018 Skype Interview to discuss ideas/goals September , 2018 Proposals Due October , 2018 Finalist Interviews at Westlake Town Hall November , 2018 Artist Contract Awarded June , 2019 Art Installation (to be decided in consultation with the architect) Legal Agreement This call is open to all artists or artist collaborations. The Town of Westlake, Texas reserves the right in its sole discretion to reject any or all applications, proposals, applicants, or projects, and to modify or terminate the application process or the selection process for any reason and with or without prior notice, unless otherwise required by applicable law. Applicant agrees that any and all materials submitted pursuant to this call for entry become the property of The Town of Westlake and shall not be returned to Applicant. Notwithstanding the foregoing, Applicant shall retain all copyright in the work which may be held by Applicant, subject to any laws that govern the Town of Westlake as a Texas municipality. To download the complete RFP and a sample contract, please go to the project page: ______________________________________________________________________ RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 1 of 11 Request for Statement of Qualifications (RFQ) from interested artists: The Dove/ Davis Public Art Project APPENDIX A COMMUNITY IDENTITY Westlake is a growing community located in the Dallas-Fort Worth Metroplex on the border of Denton and Tarrant counties. The community has grown to more than 1,200 permanent residents with significant development activity occurring over the last ten years. Westlake’s day-time Monday through Friday population is currently estimated at 12-14,000 due to its corporate business community. The term “unique” accurately reflects the Town of Westlake and how it perceives itself. This uniqueness is captured in the language one finds in its strategic plan as a one-of-a-kind community that is an oasis in the heart of the Fort Worth-Dallas metropolitan area. Westlake utilizes a land use plan and development standards that have created high-end inviting residential neighborhoods coupled with architecturally vibrant corporate campuses, while at the same time emphasizing open space preservation. Westlake is a “premier knowledge based community” owning the only municipal open enrollment charter school in Texas, and one of only a few in the nation. Additionally, this school, known as Westlake Academy, is a K-12 International Baccalaureate World School. While Westlake is a leader in public education, Westlake also is known for its shared service municipal service delivery model as well as for its innovative economic development partnerships between the Town and its corporate community. Westlake values environmental stewardship with its emphasis on public and private open space in its development standards along with services like its automated curbside residential recycling program. Hospitality finds its home in Westlake, as a community that is fully involved and invested in its rich heritage, vibrant present, and exciting, sustainable future. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 2 of 11 WESTLAKE’S “VVM”, CHALLENGES, AND OPPORTUNITIES In 2009, the Town Council approved its first Vision, Values, and Mission Statements as well as a Strategic Plan driven by this “VVM”. In 2011, the Town began updating its VVM moving toward a strategic issues driven format for its strategic plan, as well as utilizing a balanced score card system for measuring the organization’s performance. Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive developments, trails, and quality of life amenities amidst an ever expanding urban landscape. Value Statements Transparent/Integrity-driven Government ~ Fiscal Responsibility ~ Educational Leaders Family Friendly & Welcoming ~ Sense of Community ~ Innovation Strong Aesthetic Standards ~ Informed & Engaged Citizens/Sense of Community Preservation of our Natural Beauty ~ Innovation ~ Planned/Responsible Development Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a unique community blending preservation of our natural environment and viewscapes, while serving our resident and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 3 of 11 APPENDIX B TOWN OF WESTLAKE HISTORY AND PROFILE Request for Statement of Qualifications (RFQ) from interested artists: The Dove/ Davis Public Art Project HISTORY The Town of Westlake has a short, but fascinating history. The geographic region, known as the place where the cross timbers met the prairie, holds tales of settlers from the Peters Colony, Indian treaties signed by Sam Houston, tremendous archeological treasures, and some of the oldest settlements in north Texas. The region has always been known for its natural beauty, its trade value, and its wonderful people. The Town of Westlake and northeast Tarrant County has maintained that distinction over the years, becoming one of the most desirable and sought after places to live in America. In 1956, Dallas lawyer Glenn Turner purchased about 2,000 acres along State Highway 114. The area came to be known as Circle T Ranch. Soon after, ranches and homeowners in the surrounding community incorporated, taking the name Westlake. The area included what is known today as Westlake, plus the area north, to the northern shore of Denton Creek. In the early 1970s, Houston developers Johnson and Loggins and professional golfer Ben Hogan approached Westlake about building a golf course, country club, and a housing development. Residents' interests differed. In 1973, Westlake disannexed this area from its corporate boundaries, clearing the way for that upscale housing development and golf course now known as the Town of Trophy Club. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 4 of 11 Nelson Bunker Hunt, a Texas oil millionaire, purchased the Circle T Ranch in the 1970s and it became a social hub for glamorous parties attended by celebrities from around the world. Hunt declared bankruptcy in 1989 and the Circle T Ranch was purchased by Ross Perot Jr. in 1993, owner of Hillwood Properties. While at times the Town and Hillwood have had disagreements over the type of development that should occur in Westlake, that relationship today is strong and has had a huge positive impact on Westlake with Hillwood bringing substantial business and residential development to Westlake. These developments include Fidelity Investments, Chrysler Financial, Vaquero Estates, and Deloitte University. WESTLAKE MUNICIPAL GOVERNMENT Taking its name from its location west of Lake Grapevine, the Town was incorporated in 1956 as a Type A General Law Town under the rules of the State of Texas. The Town Council is comprised of a Mayor and five Council Members who are elected at large for a two (2) year staggered term each May. In 1999 The Town, by referendum, adopted the council-manager form of government. The Council is entirely responsible for creating Town policy. The Council hires and directs the Town Manager who administers the daily operations of the Town, insures that Town policies are implemented and enforced, as well as serves as the Superintendent of Westlake Academy. The Westlake Town Council was recognized in 2012 by the Texas City Management Association as the City Council of the year for their commitment to good governance. TOWN OPERATIONS The Town of Westlake has an approved an operating and capital improvement budget of approximately $37.8 million for the fiscal year 2016-2017, and includes approximately 140 full-time equivalent employees (municipal and academic). The Town of Westlake provides a full range of public services to its citizens, as well as operates the only municipally owned charter school in Texas. The Town has received awards for its citizens, communications program as well as recognition for excellence in financial reporting. The Town has a rolling 5 year capital improvement program and has invested heavily in the last 3 years in maintaining and improving its infrastructure as well as public buildings at Westlake Academy. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 5 of 11 The Town of Westlake utilizes a service delivery model that is mixture of direct service delivery (example, school operations and fire-EMS), as well as out-sourcing via the private sector and other local governmental entities. For example, a private firm is used for solid waste collection and disposal. Inter-local agreements are used to out-source police and water treatment services to neighboring municipalities and special districts are used to provide sewage treatment services for the Town. In the Town’s most recent resident survey (2015), the services provided by the Town received the following satisfaction ratings: D. WESTLAKE COMMUNITY EVENTS Westlake is a family-friendly environment where events are held to help get our residents out and participating in activities with their children and neighbors. Arbor Day. Held at a local park in the community, this annual celebration is an afternoon of service and tree planting along with educational sessions on tree care advice, and complimentary trees. Admission is free. The Town is an official “Tree City, USA” community. Decoration Day. The Westlake Preservation Historical Society sponsors its annual "Decoration Day" event each Memorial Day at the International Order of Odd Fellows (IOOF) Cemetery. This community event is a public commemoration of veterans, both past and present, who have served our country and defended our freedom and liberties. Activities include live music, treasure hunts for the kids, and a homemade ice- Arbor Day at Glenwyck Park RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 6 of 11 cream competition. Past events have included live reenactments of people and events pertaining to Westlake’s history. The event ends at sunset. Masterwork Concert Series. The Masterworks Music Series is a variety of free music programs. These free concerts are for arts lovers of all ages and feature instrumental and vocal music ranging from Country & Western to Blues & Jazz with the entertainment of local, regional and national artists. Performances are held at The Plaza in the Solana Office Park. E. WESTLAKE ACADEMY Westlake Academy is an Open Enrollment Charter School which opened September 1, 2003. The Academy distinguishes itself among neighboring educational offerings with a particular focus on producing students who are globally minded, critical thinkers. The campus is sited on a scenic 22 acre (approx.) site with approximately 100,000 of physical plant comprising its current facilities. The programs of the International Baccalaureate Organization (Primary Years Program, Middle Years Program, and Diploma Program) have been selected as the educational model utilized at the Academy. Use of educational technology is pervasive used to enrich the classroom curriculum. An environment rich with heritage, the Westlake Academy mission is to provide educational opportunities to each child in keeping with his or her individual needs. Westlake Academy is a K-12 public charter school, meaning it is a school of choice. It was recently recognized as a top 50 school (at #33) in the Washington Post Challenge Index for 2016. The Academy is a premier learning establishment that is consistently ranked in the top tier of all public schools in the State of Texas and prides itself on providing a learning environment where students have the resources and facilities to excel. In 2016 U.S. News & World Report ranked Westlake Academy #9 in Texas, #17 in U.S. charter schools, and #58 out of about 22,000 U.S. public high schools. Westlake Academy is the Town’s largest operating unit with a staff of ninety-five (95) and a current enrollment of approximately 846. The school serves children from the Town of Westlake (comprising approximately 28% of the school’s enrollment, although this segment is growing), as well as children from its extended boundaries as defined by the Texas Education Agency. Entrance into the Academy from these extended boundaries is through a wait list set by a yearly lottery as required by State and Federal law. Children living within the Town are automatically eligible to attend Westlake Academy (pending classroom availability), a factor that requires the Town to exercise close scrutiny on its residential growth patterns as well as residential land use and zoning. RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 7 of 11 Westlake is also served by three (3) excellent independent public school districts; Carroll ISD, Northwest ISD, and Keller ISD. Children of Westlake residents also have the choice of sending their children to these public schools, depending on the location of their residence in Westlake. F. WESTLAKE DEVELOPMENT, FACTS AND, FIGURES The Town of Westlake has experienced exponential growth in the last decade; the national census reported 207 permanent residents in 2000 and 992 permanent residents in 2010. The 2010 Census provides a benchmark of 302 households in Westlake as of the summer of 2010, with our current (2016) internal calculations showing us with 417 single family residential homes. The North Central Texas Council of Governments (NCTCOG) estimates Westlake’s population in 2016 at approximately 1,200. Daytime population during the work week is estimated at 12-14,000. The Town’s land area covers 6.6 square miles, which is situated in the northern triangle of the Fort Worth-Dallas area in Northeast Tarrant County. Today, the Town of Westlake is home to several neighborhoods, all of which share a commitment to excellence, but each possess their own unique character and charm. All residents live in single-family homes and there is an award winning private golf course in Town. The median age in Westlake is 47, and 52% of the residents are female with 48% of the Town’s residents having lived in Westlake for five (5) of less years. The Town is approximately 25-30% built out with the majority of new development continuing to be corporate campuses. There has been an increase over the last decade in high-end residential development located around the Vaquero Golf Course, Granada, Terra Bella, and recently approved Quail Hollow. The Town’s focus on high-quality development has led to more than 2.9 million square feet of commercial space, valued at over $900 million, being added since 2005 with an additional 641,000 square feet coming on line in the last 18 months with the development of Entrada and Charles Schwab, valued together at 118 million. Vaquero Westlake Academy Campus RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 8 of 11 According to the Tarrant County Appraisal District’s records, in 2012 the average market value of a Westlake residence is $1.3 million. In 2014 the Town has seen another upswing in residential building permits. While home construction in Westlake did slow in 2008-09 due to the impacts of the national economic recession, Westlake’s residential construction size and value have increased steadily over the last 10 years. In 2010, the average size of new home construction was 13,500 square feet with an average estimated construction cost of $2.14 million. A 5 year history of residential building permits activity in Westlake is as follows: 2016 – 2 (to date) average value $1,821,416 2015 – 12 average value $1,492,841 2014 – 20 average value $1,472,247 2013 – 2 average value $1,416,737 2012 – 15 average value $1,940,673 In August 2012 a study commissioned by the Town conducted by School District Strategies examined the impacts of developed and undeveloped residentially zoned property on Westlake Academy enrollment, both current and future. That study determined in 2012, there were 162 vacant developable lots available in Westlake for new home construction. Currently, a new 84 lot single family residential subdivision (Granada) is well underway with an estimated home value of $1.2+ million. Additionally, a 95 lot residential luxury estate development was recently approved - Quail Hollow. Also since 2012, Westlake opened retail development in northwest Westlake at the intersection of State Highways 377 and 170 and currently has Entrada under development, an 85 acre mixed use development, valued around $33 million, like no other in the Metroplex. According to NCTCOG, estimates of Westlake’s housing and population for 2016 is: January 1, 2016 Estimate for Westlake Housing Type Housing Units Population Estimate Single Family 398 1,230 Multi-family 0 0 Other 0 0 Group Quarters Population January 1, 2016 Population Estimate (Published) * 1,230 Glenwyck Farms Entry RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 9 of 11 Westlake was recognized in 2010 as certified “gold level” Scenic City for its strong development, aesthetic, and open space standards. In 2011, Forbes Magazine named Westlake as having the highest per capita income of any community in the country. The $15 million TxDOT project known as the F.M. 1938 (Davis Blvd) improvement project, begun in FY 09/10, and created a new major north/south corridor in Westlake. This road is currently being improved southward through Keller and Southlake to F.M. 1709 (Southlake Blvd). This corridor significantly impacts mobility in the region. G. BUSINESS DEVELOPMENT AND AREA EMPLOYERS The DFW Metro area is home to more Fortune 500 companies than any other area in the United States. Some of those companies reside in Westlake, others are located nearby (as reflected in the list below). Companies located in Westlake draw a large work force to Westlake creating a large daytime population, Monday-Friday, of an estimated 12,000-14,000. This in turn affects the demand on municipal services and infrastructure. Major Area Employers Employees AMR Corporation 15,143 Bell Helicopter/Textron 4,873 BNSF Railway 2,500 Sabre Holdings 3,000 Gaylord Texan Resort 2,000 DFW Airport 1,900 Healthmarkets 1,200 FM1938 Artist Rendering RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 10 of 11 Some of the community’s top employers are: Fidelity Investments, Deloitte University, Core Logic, and Wells Fargo. Several companies have offices in Solana, a high-profile corporate campus near State Highway 114. Solana’s Village Circle also provides a mix of retail spaces and restaurants, plus offers the 296-room Marriott Solana hotel. Westlake’s proximity to major highways as well as area airports further enhances its appeal as a corporate office location. Westlake is located 12 miles to the west of DFW Airport and 7 miles to the east of the Alliance Airport. The Solana Office Complex was the first of Westlake’s corporate locations; originally built by IBM in the 1980’s. Since then Westlake has collected additional corporate residents like most recently Charles Schwab, along with Fidelity Investments, Wells Fargo, CoreLogic (formerly First American Title), Deloitte University, Verizon Wireless, and many more. The Complex has recently undergone a significant remodeling/ facelift project giving the offices a more modern look and feel. We have experienced an increase in tenant interest and leasing – helping to fill office space that had been vacant during the last few years. Larger Local Employers Employees Fidelity Investments 5,003 CoreLogic 1,790 Wells Fargo 574 Deloitte University 478 Verizon Wireless 331 Sabre JLL 317 First American Title 262 Courtyard at Solana Complex Solana Campus RFQ Draft 1 4 2018 w/TEB edits Town of Westlake, 1500 Solana Blvd, Suite 7200, Westlake Texas 76262 www.westlake-tx,org Page 11 of 11 In addition, Deloitte University, a $300 million, 107 acre, international corporate training facility was located in Westlake. The 700,000 sq. ft. facility features over 800 hotel rooms, office space, conference centers, amenity centers, as well as many on-site parks, trails, and water features. Deloitte University represents another step towards Westlake’s goal to become an education-centered community and was recognized by the Texas Economic Development Council in 2012 with a Community Economic Development award for the economic benefits that Westlake and the State of Texas derived from this project. Most recently, Westlake has organically grown into a financial services hub along State Highway 114 with the recent addition of Charles Schwab, adding to its mix of corporate campuses. This company plans to employ close to 1,200 people over the next few years in its 500,000 square feet of office space, valued at $100 million. Fidelity Deloitte University Campus Marriott Solana Hotel Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Presentation and discussion of Chapter 46, Article VI, Tobacco Products, Smoking, and E-Cigarettes of the Town’s Code of Ordinances. STAFF CONTACT: Tom Brymer, Town Manager Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Family Friendly & Welcoming Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 29, 2018 Revenue Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As our community continues to grow, either through the potential of mixed-use development or with commercial expansion, how the Town addresses public smoking is a topic of discussion that will become increasingly complicated. Many of Westlake’s neighboring communities have adopted smoking ordinances, of varying levels of restrictions, in an effort to protect citizens, business patrons and employees. Cities enacting no smoking ordinances often cite studies that have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. Town staff previously presented an item at the October 20, 2014 Town Council Workshop Page 2 of 2 regarding a public smoking ordinance. Town Council adopted Ordinance 755, Tobacco Products, Smoking, and E-Cigarettes at the October 20, 2015 Regular Town Council meeting. During the workshop discussion in 2014, Council requested that staff reach out to our corporate stakeholders and survey their interest and level of support for varying degrees of smoking regulation. The result of the major stakeholders survey indicated support for complete regulation within public areas (i.e. parks and trails) but limited support within private property. Justification for limited regulation within each development centered around their need to accommodate international employees and clientele and that they have established designated smoking areas. Ordinances that restrict or prohibit smoking on private property are not without controversy, and the positions of supporters and detractors must be debated when considering smoking bans. Most recently, the Cities of Arlington (2017) and Fort Worth (2018) adopted Ordinances that that will make them “Smoke-Free”, which prohibits indoor smoking in previously exempted places like bars, pool halls, bingo parlors but still allows for patio/outdoor restaurant seating. Other North Texas cities with the smoke-free designation include Dallas, Southlake, Benbrook, Flower Mound, Little Elm, Denton, Plano, Frisco, McKinney and Mesquite. The Town’s current Ordinance 755 prohibits smoking near entrances of a public building, and within right-of-way, trails, park and park facilities. Potential changes could include any or all of the following: prohibit smoking in restaurants, bars in restaurants, standalone bars, municipal work sites, and private work sites, private clubs, or fraternal organizations. RECOMMENDATION N/A ATTACHMENTS 1. 2014 Memorandum from Town Manager - Topics and Issues to Consider When Formulating An Ordinance Regulating Public Smoking 2. ANR Business Costs in Smoke Filled Environments 3. Smoke Free Laws Do Not Harm Business at Restaurants and Bars 4. CDC – Save Lives Save Money 5. City of Houston Smoking Ban Report 6. El Paso 1 Year Smoking Ban Report 7. Forbes – The Economic Impact of Smoking Bans 8. US Map of 100 percent Smoke Free Laws 9. World Health Organization – Making Cities Smoke-free Page 1 of 4 MEMORANDUM Date: October 8, 2014 TO: Honorable Mayor and Town Council FROM: Tom Brymer, Town Manager/Superintendent SUBJECT: Topics and Issues to Consider When Formulating an Ordinance Regulating Public Smoking On May 19, 2014, the Council voted under its meeting procedures to take up for discussion this topic as a Council agenda item (agenda item was submitted by Mayor Wheat). The purpose of the memorandum is to provide the Council with some perspectives on topics and issues for your consideration as you discuss this subject. These topics and issues have arisen during my tenure in cities where the city council has undertaken regulation of public smoking. Purpose of the Regulation Generally speaking, some cities began consideration of limiting public smoking in the 1990’s. Over time, more cities have imposed limitations on public smoking. Those cities that passed no smoking ordinances early on have , in some cases, later amended them to apply to more loca tions than the original ordinance applied (i.e. an incremental approach such as initially not allowing smoking in restaurants, but smoking being allowed in bars, however, later applying the smoking prohibition to bars as well). Those cities adopting smoking regulations more recently often impose removal of smoking f rom most public buildings and public areas and they define those areas broadly so the net effect is the elimination of public smoking in most places (i.e. a non-incremental approach). In these deliberations, the question is generally asked (and it is a good question to ask when deliberating formulation of public policy), what is it we are attempting to achieve and why are attempting to achieve it, i.e. what is the goal or end that we wish to attain? As we’ve discussed in our governance discussions, another way to ask this question when considering public policy initiatives is, “what good for what group at what cost” (John Carver, Boards that Make a Difference)? The answer to that question is generally one that focuses on the reduction of exposure to second hand smoke due to its documented adverse health impacts. This exposure to second hand smoke can be for employees, business patrons, Page 2 of 4 or the general public that frequent locations which allow smoking. This in turn often leads to a consensus that, because of second hand smoke, this is a public health issue. And, since cities are generally viewed as being charged with being responsible for protecting the public’s health, safety, and welfare, there often is public consensus that it is appropriate for cities to impose regulations on public smoking. Additionally, health organizations such as the American Cancer Society, the American Lung Association, and the American Heart Association all have taken public positions based on studies as to the adverse health impacts of second hand smoke. Sometimes local chapters of these organizations or local doctors become involved in their communities in advocating to city councils for a public smoking limitation or its complete ban. Counter arguments to the public health justifications for no smoking ordinances (due to the detrimental effect of second hand smoke) often focus on individual rights to smoke. Another counter argument also can be that imposition of no smoking regulations will hurt a particular business or types of business because their patrons will frequent other similar establishments in other cities that allow smoking. Regarding this later argument, it tends to have more weight if adjacent cities do not regulate smoking, but in our case, most, if not all, area cities do regulate public smoking in some manner. Breadth of Regulation Limiting or banning public smoking, while a public policy issue, involves regulation. When imposing regulation a good question to ask is, “how wide do we wish to cast the regulatory net”? As you can see by reviewing the ordinances of nearby cities that regulate public smoking, there is a variation to the degree to which this public smoking limitation is imposed. Some ordinances prohibit public smoking in any public building and define public building as “any building other that a building used as a private residence”. Some ordinances include restaurants in the definition of a public building with the definition of a restaurant allowing the serving of alcohol with a valid State license as long as it derives less than 75% of its gross revenue from alcohol sales. Some ordinances prohibit smoking in all public buildings, including restaurants and bars. Other ordinances also extend the no smoking prohibition to public parks, hospitals, schools, and municipal buildings. Page 3 of 4 Some public smoking ordinances allow smoking in a restaurant as long as the smoking area does not exceed 50% of its net floor area and it has an air purification system with a separate ventilation system that does not allow air from the smoking area to be drawn into the non-smoking area. In restaraunts with bars, sometimes smoking is prohibited in the restaurant area, but allowed in the bar area with specified separation distances between the two areas and with the bar having a ventilation system as described above. Other public smoking ordinances make exceptions and allow for smoking in facilities owned or operated for fraternal, charitable o rganizations (VFW, Elks Club, etc.). Westlake does not currently have any of these facilities; however, we do have a country club with a restaurant. Generally, smoking is defined in most ordinances as inhaling, exhaling or burning a lighted cigar, cigarette, pipe or other lighted tobacco products. However, in recent years other products that have come on the market such as e-cigarettes have been included in the definition of smoking. Other products have been banned because they have been determined to be illegal (see Keller’s ordinance). Some ordinances contain language that sets a minimum age for the sale of tobacco products within that city. As one can see, a discussion of how broadly to “cast the net” is an important part of the deliberation of limiting public smoking. Process for Formulation of the Policy (i.e. the Ordinance) Thought should be given early on as what process will be used to formulate a proposed public smoking ordinance. This should include considering the extent of public input desired and how it is to be obtained. Options on this can range from Staff formulating a recommended ordinance and bringing it to Council for discussion and deliberation in a public meeting, to having public input meetings with Staff as they work on a draft prior to bringing it to Council. Another item to consider is what type of notice should be given to existing businesses that might be impacted by a smoking regulation ordinance so they have adequate opportunity to provide input. Implementation and Enforcement of the Regulation If a smoking regulation ordinance is adopted, consideration then turns to how residents and businesses will be notified of the regulations. Will there be a “grace period” during which enforcement will be delayed while businesses come into compliance? If smoking in certain types of establishments will be allowed Page 4 of 4 with certain ventilation systems, how long will be given for those systems to be installed, tested, and verified of their correct functionality? Once the ordinance is in effect, how often will businesses in which smoking is regulated and/or prohibited be inspected for compliance? Will enforcement be done on a regular basis or on complaint only basis? What resources are required to enforce the ordinance regulations effect ively? The communities I have worked in that have adopted smoking regulations have made every effort to enforce them within existing resources (i.e. not requesting additional resources for enforcement). This has been done by having the initial inspection once the ordinance goes into effect as well as subsequent annual compliance inspections done by the Fire Department as a part of their routine business inspection program. If a complaint is received, the Fire Department sends personnel to investigate and if a violation occurs, issues a citation. Conclusion Formulation and implementation of smoking regulations requires thought, deliberation and dialogue on the issues identified above. The issues above are not intended to be exhaustive. The re likely will be other issues as well. But, the issues and topics discussed here are intended to give the Council a good idea of what they will likely need to consider as they deliberate over this public policy matter. It should be noted that as Westlake grows, the number of businesses affected by a public smoking ordinance will likely increase which makes it just that more complex to deal with. Thus, it is timely to consider it now. 2530 San Pablo Avenue, Suite J ● Berkeley, California 94702 ● (510) 841-3032 / FAX (510) 841-3071 www.no-smoke.org ● anr@no-smoke.org Defending your right to breathe smokefree air since 1976 Business Costs in Smoke-filled Environments The U.S. Surgeon General has concluded that adopting smokefree workplace policies is a wise business decision. The results of all credible peer-reviewed studies show that smokefree policies and regulations do not have a negative impact on business revenues. Establishing smokefree workplaces is the simplest and most cost effective way to improve worker and business health.1 Profitability The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure, and another $4.6 billion in lost wages. This estimate does not include youth exposure to secondhand smoke.2 If all workplaces were to implement 100% smokefree policies, the reduction in heart attack rates due to exposure to secondhand smoke would save the United States $49 million in direct medical savings within the first year alone. Savings would increase over time.3 Smokefree laws add value to establishments. Restaurants in smokefree cities have a higher market value at resale (an average of 16% higher) than comparable restaurants located in smoke-filled cities.4 Absenteeism and Lost Productivity The U.S. Surgeon General has concluded that smokefree workplace policies lead to less smoking among workers and the elimination of secondhand smoke exposure, thus creating a healthier workforce. Cigarette smoking and secondhand smoke cost $92 billion in productivity losses annually, according to the U.S. Centers of Disease Control and Prevention.5 Smokers, on average, miss 6.16 days of work per year due to sickness (including smoking related acute and chronic conditions), compared to nonsmokers, who miss 3.86 days of work per year.6 In a study of health care utilization in 20,831 employees of a single, large employer, employees who smoked had more hospital admissions per 1,000 (124 vs. 76), had a longer average length of stay (6.47 vs. 5.03 days), and made six more visits to health care facilities per year than nonsmoking employees.7 A national study based on American Productivity Audit data of the U.S. workforce found that tobacco use was one of the greatest variables observed when determining worker lost production time (LPT)—greater than alcohol consumption, family emergencies, age, or education. The study reported that LPT increased in relation to the amount smoked; LPT estimates for workers who reported smoking one pack of cigarettes per day or more was 75% higher than that observed for nonsmoking and ex-smoking workers. In addition, employees who smoked had approximately two times more lost production time per week than workers who never smoked, a cost equivalent of roughly $27 billion in productivity losses for employers.8 2 The U.S. Office of Technology Assessment estimated that in 1990 lost economic productivity from disability and premature mortality caused by smoking was $47 billion.9 The U.S. Centers for Disease Control and Prevention (CDC) puts a $3,391 price tag on each employee who smokes: $1,760 in lost productivity and $1,623 in excess medical expenditures.10 In addition, estimated costs associated with secondhand smoke’s effects on nonsmokers can add up to $490 per smoker per year.11,12 Smokefree air will save Scotland £4.2 billion ($7.9 billion) a year, according to a study conducted by Aberdeen University, assessing the costs and savings involved in the Scottish Executive’s proposed bill that would make most enclosed public places in the country 100% smokefree. The report estimates that £1.9 billion ($3.9 billion) of the savings would be in productivity gains, reduced sickness absences, savings on National Health Service treatment and reduced cleaning and decorating costs.13 Maintenance The U.S. Environmental Protection Agency (EPA) estimates that smokefree restaurants can expect to save about $190 per 1,000 square feet each year in lower cleaning and maintenance costs.14 The EPA also estimates a savings of $4 billion to $8 billion per year in building operations and maintenance costs if comprehensive smokefree indoor air policies are adopted nationwide.15 The Organization for Economic Cooperation and Development estimates that construction and maintenance costs are seven percent higher in buildings that allow smoking than in buildings that are smokefree.16 A 1993 survey of businesses conducted by the Building Owners and Management Association (BOMA) International found that the elimination of smoking from a building reduced cleaning expenses by an average of 10%. Smoking was also cited as the number one cause of fires on a BOMA fire safety survey.17 The National Fire Protection Association found that in 1998 smoking materials caused 8,700 fires in non-residential structures resulting in a direct property damage of $60.5 million.18 In a survey of cleaning and maintenance costs among 2,000 companies that adopted smokefree policies, 60 percent reported reduced expenditures.19 After Unigard Insurance, near Seattle, Washington, went smokefree, its maintenance contractor voluntarily reduced its fee by $500 per month because the cleaning staff no longer had to dump and clean ashtrays, dust desks, or clean carpets as frequently.20 Using U.S. Bureau of Economic Analysis data, it was determined that employees who smoke cost businesses in Marion County, Indiana, $260.1 million in increased health insurance premiums, lost productivity, and absenteeism, as well as additional recruitment and training costs resulting from premature retirement and deaths due to smoking.21 At the Dollar Inn in Albuquerque, New Mexico, maintenance costs are 50 percent lower in nonsmoking rooms.22 Merle Norman Cosmetics Company in Los Angeles voluntarily went smokefree and saved $13,500 the first year in reduced housekeeping costs.23 3 Insurance Rates The total property and contract loss due to fires caused by smoking materials was more than $10.6 million in 1996. The National Fire Protection Association reports $391 million in direct property damage for smoking related fires from 1993 to 1996. Landlords and restaurants with smokefree premises have negotiated lower fire and property insurance premiums.24 Fire insurance is commonly reduced 25-30% in smokefree businesses.25 The American Cancer Society reports that employees who smoke have an average insured payment for health care of $1,145, while nonsmoking employees average $762.26 REFERENCES 1 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. 2 Behan, D.F.; Eriksen, M.P.; Lin, Y., “Economic Effects of Environmental Tobacco Smoke,” Society of Actuaries, March 31, 2005. Download at http://www.soa.org/ccm/content/areas-of-practice/life- insurance/research/economic-effects-of-environmental-tobacco-smoke-SOA/?printerFriendly=1. Accessed on August 17, 2005. 3 Ong MK, Glantz SA, “Cardiovascular health and economic effects of smoke-free workplaces,” Am J Med 2004; 117:32-38. 4 Alamar, B.; Glantz, SA. “Smoke-Free Ordinances Increase Restaurant Profit and Value.” Contemporary Economic Policy, 22(4), October 2004, 520-525. 5 [n.a.], “Annual Smoking Attributable Mortality, Years of Potential Life Lost, and Productivity Losses – United States, 1997-2001,” JAMA, MMWR 2005;54:625-628. 6 Halpern, M.T.; Shikiar, R.; Rentz, A.M.; Khan, Z.M., “Impact of smoking status on workplace absenteeism and productivity,” Tobacco Control 10(3): 233-238, September 2001. 7 [n.a.].“The Cost of Smoking to Business” American Cancer Society. [n.d.] Accessed on May 18, 2004. Download at http://www.cancer.org/docroot/NWS/content/NWS_2_1x_The_Cost_of_Smoking_to_Business.asp. 8 Stewart, W.F.; Ricci, J.A.; Chee, E.; Morganstein, D. “Lost Productivity Work Time Costs From Health Conditions in the United States: Results From the American Productivity Au dit.” JOEM. 45(12): 1234-1246. December 2003. 9 Halpern, M.T.; Shikiar, R.; Rentz, A.M.; Khan, Z.M., “Impact of smoking status on workplace absenteeism and productivity,” Tobacco Control 10(3): 233-238, September 2001. 10 Fellows, J.L.; Trosclair, A.; Rivera C.C.; National Center for Chronic Disease and Prevention and Health Promotion, “Annual Smoking Attributable Mortality, Years of Potential Life Lost, and Economic Costs —United States, 1995-1999.” Morbidity and Mortality Weekly Report. JAMA, (287)18:2335-2356, 8 May 2002. 11 Kristein, “How Much Can Business Expect to Profit From Smoking Cessation?” Preventive Medicine, 1983; 12:358-381. 12 Jackson & Holle, “Smoking: Perspectives 1985,” Primary Care, 1985; 12:197-216. 13 Swanson, I., “Smoking ban ‘will save Scotland £4bn’,” Edinburg Evening News, March 10, 2005. Accessed on March 16, 2005. Downloaded at http://news.scotsman.com/topics.cfm?tid=663&id=264002005. 14 [n.a.], “The dollars (and sense) benefits of having a smoke-free workplace,” Michigan Department of Community Health, [2000]. 15 U.S. Department of Health and Human Services: Centers for Disease Control and Prevention, “Clean Indoor Air Regulations Fact Sheet.” National Center for Chronic Disease Prevention and Health Promotion. April 11, 2001. Accessed on May 18, 2004. Download at http://www.cdc.gov/tobacco/sgr/sgr_2000?factshetts/factsheet_clean.htm. 16 [n.a.], “The dollars (and sense) benefits of having a smoke-free workplace,” Michigan Department of Community Health, [2000]. 17 Garland, W.S., BOMA Supports Smoking Ban in Buildings, www.boma.org, [n.d.]. Accessed on October 31, 2002. 18 Hall, Jr., J.R., “The U.S. Smoking-Material Fire Problem,” National Fire Protection Association, Fire Analysis and Research Division, April 2001. 4 19 [n.a.], “The dollars (and sense) benefits of having a smoke-free workplace,” Michigan Department of Community Health, [2000]. 20 Ibid., 2000. 21 Zollinger, T.W.; Saywell, Jr., R.M.; Overgaard, A.D.; Holloway, A.M., “The economic impact of secondhand smoke on the health of residents and employee smoking on business costs in Marion County, Indiana for 2000,” Marion County Health Department, February 2002. 22 [n.a.], “The dollars (and sense) benefits of having a smoke-free workplace,” Michigan Department of Community Health, [2000]. 23 American Lung Association (ALA) of Contra Costa/Solano, “Toward a Smoke-Free Workplace,” Pleasant Hill, CA: American Lung Association (ALA) of Contra Costa/Solano, [n.d.]. 24 [n.a.], “The dollars (and sense) benefits of having a smoke-free workplace,” Michigan Department of Community Health, [2000]. 25 [n.a.], “Health Now! and the business community,” www.healthnowma.org. Accessed on May 13, 2004. 26 [n.a.].“The Cost of Smoking to Business” American Cancer Society. [n.d.] Accessed on May 18, 2004. Download at http://www.cancer.org/docroot/NWS/content/NWS_2_1x_The_Cost_of_Smoking_to_Business.asp. May be reprinted with appropriate attribution to Americans for Nonsmokers' Rights, © 2008. 0806 [FS-25] In recent years a groundswell of support for smoke-free restaurant and bar laws has developed from states and localities across the country. As of October 2, 2017, 66 percent of the U.S. population (or more than 200 million people) live in areas that have passed strong smoke-free laws covering restaurants and bars.1 Strong smoke-free restaurant and bar laws are important because: • There is overwhelming scientific evidence that secondhand tobacco smoke causes serious illnesses, including lung cancer and heart disease in non-smokers.2 • Smoke-free laws help protect restaurant and bar employees and patrons from the harms of secondhand smoke.3 • Smoke-free laws help the seven out of every ten smokers who want to quit smoking by providing them with public environments free from any pressure or temptation to smoke.4 Accompanying the growth in smoke-free laws nationwide has been a parallel increase in false allegations that smoke-free laws will hurt local economies and businesses.5 In fact, numerous careful scientific and economic analyses show that smoke-free laws do not hurt restaurant and bar patronage, employment, sales, or profits.6 At worst, the laws have no effect at all on business activity, and they sometimes even produce slightly positive trends. For example: • The National Cancer Institute, with the World Health Organization, in December 2016 conducted an extensive review of the economic literature on tobacco control, concluding, “….the evidence clearly demonstrates that smoke-free policies do not cause adverse economic outcomes for businesses, including restaurants and bars. In fact, smoke-free policies often have a positive economic impact on businesses.”7 • CDC’s Community Preventive Services Task Force analyzed two reviews of over 170 studies (1988 to 2012), concluding that “Smoke-free policies did not have an adverse economic impact on the business activity of restaurants, bars, or establishments catering to tourists; some studies found a small positive effect of these policies.”8 The Task Force is an independent panel of experts appointed by the Director of the U.S. Centers for Disease Control and Prevention. • A 2013 study of smoke-free policies in nine states found that smoke-free laws did not have an adverse economic impact on restaurants or bars. The study analyzed employment data from 216 smoke-free cities and counties in Alabama, Indiana, Kentucky, Mississippi, Missouri, North Carolina, South Carolina, Texas and West Virginia. For North Carolina, the study examined the impact of a 2010 statewide smoke-free law that applies to restaurants and bars. In one state, West Virginia, the local smoke-free laws were associated with a small increase in restaurant employment.9 • A 2010 analysis of economic outcomes of smoke-free laws stated, “[T]here is clear evidence that smokefree legislation does not hurt restaurant or bar businesses, and in some cases business may improve.”10 • In 2009, the International Agency for Research on Cancer (IARC) examined the extensive literature on the economic impact of smoke-free policies on the hospitality sector. The analysis noted that methodologically sound research studies consistently conclude that smoke-free policies do not have an adverse economic impact on the business activity of restaurants, bars, or establishments catering to tourists, with many studies finding a small positive effect of these policies. These studies analyzed official reports of sales, employment and the number of restaurant and bar establishments.11 SMOKE-FREE LAWS DO NOT HARM BUSINESS AT RESTAURANTS AND BARS Smoke-Free Laws Do Not Harm Business at Restaurants and Bars / 2 • A comprehensive examination of smoke-free laws published in 2007 concluded that, “the vast majority of scientific evidence indicates that there is no negative economic impact of clean indoor air policies, with many studies finding that there may be some positive effects on local businesses.” 12 • The Surgeon General’s 2006 Report on The Health Consequences of Involuntary Exposure to Tobacco Smoke examined numerous studies from states and local communities across the country. The report concluded that, “Evidence from peer-reviewed studies shows that smoke-free policies and regulations do not have an adverse economic impact on the hospitality industry.”13 • A study in the journal Tobacco Control (in 2003) offered a comprehensive review of all available studies on the economic impact of smoke-free workplace laws and concluded that: “All of the best designed studies report no impact or a positive impact of smoke-free restaurant and bar laws on sales or employment. Policymakers can act to protect workers and patrons from the toxins in secondhand smoke confident in rejecting industry claims that there will be an adverse economic impact.”14 In addition to the comprehensive analyses listed above, the experience of many states and communities demonstrates that smoke-free laws protect health without harming business. • An analysis published in 2012 examined the economic impact of 11 local smoke-free laws in Missouri. Eight of the 11 cities had increased taxable sales for eating and drinking establishments post-ordinance while the remaining 3 cities experienced no change.15 • A 2011 study concluded that there was no significant changes in taxable sales associated with Ohio’s Smoke-Free Workplace Act. The study examined county-level taxable sales for the state’s bars and restaurants.16 • Data from ten Minnesota cities (published in 2010) found that local smoke-free laws had no negative impact on bar and restaurant revenue. This was true for total taxable sales as well as revenue from alcohol sales.17 Another study found no significant changes in bar or restaurant employment (in both rural and urban regions of the state) after implementation of Minnesota’s statewide smoke-free law.18 • In 2008, the Washington State Department of Revenue noted that businesses posted strong gains in gross income in 2007. Bars and taverns, which the Department noted feared being hit hard by the smoke-free law, generated 20.3 percent more gross income in 2007, compared to a .3 percent gain in 2006, the first full year after the law went into effect in December 2005. Their average growth rate was stronger in the two years after the smoke-free law than in the years preceding the voter- approved ballot initiative.19 § A study published in 2007 assessed the economic impact of a smoke-free law in Lexington-Fayette County, Kentucky. The study found that, “No important economic harm stemmed from the smoke- free legislation over the period studied, despite the fact that Lexington is located in a tobacco- producing state with higher-than-average smoking rates.” An analysis of employment data found restaurant employment grew after the smoke-free law went into effect (employment remained unchanged in bars). A comparison of restaurant and bar openings and closings showed no significant difference before and after the law (regardless of whether or not the establishment served alcohol).20 § A July 2006 report on The Health and Economic Impact of New York’s Clean Indoor Air Act found that, “the law has not had an adverse financial impact on bars and restaurants.”21 The report examined sales tax receipts from 1999 to 2004 from a sample of vendors who had filed a tax return for each quarter. The analysis showed that,” the CIAA had no apparent effect on sales tax receipts for bars or full service restaurants or on totals from all retailers in New York City or New York State.” § California was the first state to implement smoke-free restaurant (1995) and bar laws (1998). A 2005 study analyzed how the smoke-free laws affected the distribution of revenues between bars and restaurants. Critics of smoke-free restaurant and bar laws have often claimed that a prohibiting smoking reduces restaurant and bar revenues. Using tax revenue data from 1990 to 2002, the study authors note that, “our analysis suggests that the actual effect is just the opposite: the 1995 smoke- Smoke-Free Laws Do Not Harm Business at Restaurants and Bars / 3 free restaurant law is associated with an increase in restaurant revenues, while the 1998 smoke-free bar law is associated with an increase in bar revenues.”22 § A study conducted by researchers at the Harvard School of School of Public Health of the Commonwealth of Massachusetts’ comprehensive statewide smoke-free law that took effect July 5, 2004 found that, “Analyses of economic data prior to and following implementation of the law demonstrated that the Massachusetts state-wide law did not negatively affect statewide meals and alcoholic beverage excise tax collections. Furthermore, the number of employees in food services and drinking places and accommodation establishments, and keno sales were not affected by the law.”23 • A study conducted by research economists at the University of Florida’s Bureau of Economic and Business Research found that the state’s voter-approved smoke-free law, which took effect July 1, 2003, has not hurt sales or employment in the hotel, restaurant and tourism industries (the Florida law exempts stand-alone bars). In addition to analyzing total sales, the study also examined restaurant revenue as a percentage of total retail revenue in order to account for underlying economic conditions in the state. The proportion of retail sales by Florida’s restaurants, lunchrooms, and catering services increased by 7.37 percent after the smoke-free law went into effect. 24 • On March 30, 2003, New York City implemented its comprehensive smoke-free workplace law prohibiting smoking in all of the city’s restaurants and bars. A March 2004 report issued by the New York City Department of Finance, Department of Health and Mental Hygiene, Department of Small Business Services, and Economic Development Corporation noted, “One year later, the data are clear. . . Since the law went into effect, business receipts for restaurants and bars have increased, employment has risen, virtually all establishments are complying with the law, and the number of new liquor licenses issued has increased—all signs that New York City bars and restaurants are prospering.”25 The report noted that business tax receipts for restaurants and bars increased 8.7 percent from April 1, 2003, to January 31, 2004 compared to the same period in 2002-2003. Employment in New York City restaurants and bars increased by 10,600 jobs (about 2,800 seasonally adjusted jobs) from the implementation of the smoke-free law in March 2003 to December 2003.26 The 2004 Zagat New York City Restaurant Survey provides additional evidence that New York City’s smoke-free law is not hurting business. The survey of nearly 30,000 New York restaurant-goers found that 23 percent of respondents said they are eating out more often because of the city’s smoke-free workplace law, while only four percent said they are eating out less. Zagat’s press release concludes, “The city’s recent smoking ban, far from curbing restaurant traffic, has given it a major lift.”27 • In Delaware, business remained steady one year after the state’s Clean Indoor Air Act went into effect in November 2002. Data from the Delaware Alcohol Beverage Control Commission show that the number of restaurant, tavern and taproom licenses increased in the year since the law took effect. Data from the Delaware Department of Labor show that employment in the state’s food service and drinking establishments also increased in the year since the smoke-free law went into effect.28 • A study released by the U.S. Centers for Disease Control and Prevention (CDC) found that a comprehensive smoke-free policy in El Paso, Texas did not affect restaurant and bar revenue in the year after it took effect in January 2002.29 The CDC and the Texas Department of Health analysis found no statistically significant changes in overall restaurant and bar revenues, bar liquor sales, or restaurant and bar revenue as a percentage of total revenue. The latter finding refutes arguments often made by opponents of smoke-free laws that, even if bar and restaurant revenues grow after such laws take effect, they do not grow as fast as the rest of the economy. Key Restaurant and Business Leaders Support Smoke-Free Laws Members of the business community, including restaurant and bar owners, are becoming increasingly supportive of smoke-free laws, recognizing that these laws can have a positive impact on public health and the health of their business.30 • The 2008 Zagat Survey: America’s Top Restaurants of 132,000 Americans noted that, “The verdict on smoking is overwhelming with 77% of diners saying they'd eat out less if smoking were permitted in local restaurants, and only 2% saying they’d dine out more.” 31 In 2009, the release of the Zagat Report Smoke-Free Laws Do Not Harm Business at Restaurants and Bars / 4 remarked, “In New Orleans and Las Vegas, two of the last major cities not to have banned smoking, this is still a major issue. Recent smoking bans will offer welcome relief to health-conscious diners.” 32 • In October 2010, Nicole Griffin, Executive Director of the Connecticut Restaurant Association remarked to WestportPatch Online that the smoking ban was a big issue for restaurateurs when it was implemented in October of 2003, but that today, “[t]he smoking ban is not an issue at all for restaurants.” She continues, “When it first passed, restaurateurs were really nervous that once the ban was put into effect people wouldn’t come out to eat and drink, and that’s not what happened. Seven years later, customers are really happy to go out to bars and to eat and drink and not be in an atmosphere of smoke.”33 • Michael O’Neal, former president of the New York State Restaurant Association: “I feel strongly that it is pro-business and pro-health to eliminate smoking in all workplaces, including restaurants. Smoke-free workplace legislation does not hurt business . . . Smoking prohibitions in California, Utah, Vermont, Maryland and Maine as well as in hundreds of cities all over the country prove that smoke- free-workplace legislation is good for all businesses, including the restaurant business. That shouldn't be a surprise. Even smokers prefer to breathe clean air.”34 • A July 2006 editorial in Nation’s Restaurant News stated, “The argument against smoking in public indeed has become more compelling, and this could be an appropriate time for operators and associations to reassess their positions on the issue.” The editorial noted that the Pennsylvania Restaurant Association (PRA), “long an opponent of stricter smoking prohibitions – did an about-face and urged state lawmakers to ban smoking in all public workplaces, including restaurants, bars and casinos.” 35 • Support for New York’s law has grown even among bar and restaurant owners. James McBratney, President of the Staten Island Restaurant and Tavern Association, was quoted in the Feb. 6, 2005, issue of The New York Times saying ''I have to admit, I've seen no falloff in business in either establishment [restaurant or bar].'' According to The Times, “He went on to describe what he once considered unimaginable: Customers actually seem to like it, and so does he.” 36 • Across the country, state and local chapters of business associations like the Chamber of Commerce are endorsing smoke-free laws. Chambers of Commerce in a number of states and communities, including Kentucky, Washington, Utah, Anchorage (AK), Beaumont (TX), Philadelphia (PA) and Manchester (NH) all supported smoke-free laws. In January 2011, Kentucky Chamber of Commerce President and CEO Dave Adkisson joined state legislators and health advocacy groups to speak in favor of a statewide smoking policy. In a survey of Kentucky Chamber members, 86 percent of respondents said they favored a smoke-free policy for public buildings in Kentucky. “Smoking is not only killing us in Kentucky, it's bankrupting us,” Adkisson said at the Capitol. “Business leaders have come to the conclusion that we have got to discourage smoking in this state.” In announcing their position, Chris Williams, Vice President of the Greater Manchester (NH) Chamber of Commerce, stated, “Over the past two months, an overwhelming number of our members have told us that they support a statewide smoking ban and believe the Chamber should publicly support it as well. What you may find interesting is the fact that 75% of our restaurant owners who are Chamber members agreed with this school of thought.” Williams said that the Chamber of Commerce supported a statewide smoke-free law because, “The health of our employees is important to us as business owners” and “The economic health of the restaurant industry will not suffer from a smoking ban.”37 See http://www.no-smoke.org/goingsmokefree.php?id=538 for additional information on business leaders supporting smoke-free laws. • David E. Garth, President and CEO of the San Luis Obispo Chamber of Commerce in California: “I must admit that, at the time the [San Luis Obispo smoke-free bar and restaurant] ordinance was presented, we were extremely wary of it. We feared that the ban on smoking would cost the community revenue, jobs, tax dollars, tourists and tourist-generated income. We ended up coming out in support of Smoke-Free Laws Do Not Harm Business at Restaurants and Bars / 5 the ordinance, seeing it as a leap of faith that wouldn't hurt businesses. Suffice it to say, our initial fears were unfounded and today, I’m pleased to report that the effects have been extremely positive.”38 • A 2002 survey of California bar owners, managers, assistant managers and bartenders found overwhelming support for the state’s smoke-free bar law, with more than eight in ten bar managers and employees (83%) saying they think the smoke-free workplace law protects their health and the health of other bar employees, and 77 percent of bar managers and employees saying that complying with the law has been “very” or “fairly” easy.39 The Campaign for Tobacco-Free Kids, October 2, 2017/Becca Knox 1 Figures based on ordinances recorded by Americans for NonSmokers Rights (ANR), http://www.no-smoke.org/lists.html 2 U.S. Department of Health and Human Services (HHS), The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, Atlanta, GA: HHS, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006, http://www.surgeongeneral.gov/library/secondhandsmoke/report/. 3 HHS, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, Atlanta, GA: HHS, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006, http://www.surgeongeneral.gov/library/secondhandsmoke/report/. 4 Fiore MC, Bailey WC, Cohen SJ, et al., Treating Tobacco Use and Dependence. Clinical Practice Guideline, HHS Public Health Service, June 2000. ANR, Economic Impact of Clean Indoor Air Policies, January 15, 2000. Internal Philip Morris document that states that the “financial impact of smoking bans will be tremendous … Three to five fewer cigarettes per day per smoker will reduce annual manufacturers profits a billion dollars plus per year,” July 1, 1993, Bates No. 2025771934/1995. 5 KPMG Peat Marwick for the American Beverage Institute, “Effects of 1998 California Smoking Ban on Bars, Taverns and Night Clubs,” 1998; InContext for the Massachusetts Restaurant Association, “Massachusetts Restaurant Association Study,” 1996; InContext for the Empire State Restaurant & Tavern Association, “Restaurant Jobs in New York City, 1993 Through First Quarter 1996, and the Restaurant Smoking Ban,” 1996. 6 See, e.g., ANR, Economic Impact of Clean Indoor Air Policies, January 15, 2000.; Glantz, S, “Smoke-Free Restaurant Ordinances Do Not Affect Restaurant Business. Period.,” Journal of Public Health Management and Practice 5:1, January 1999; Scollo M, et al., “Review of the quality of studies on the economic effects of smoke-free policies on the hospitality industry,” Tobacco Control 12:13-20, 2003. 7 U.S.National Cancer Institute and World Health Organization, The Economics of Tobacco and Tobacco Control.National Cancer Institute Tobacco Control Monograph 21. NIH Publication No. 16-CA-8029A. Bethesda, MD: U.S.Department of Health and Human Services, National Institutes of Health, National Cancer Institute; and Geneva, CH: World Health Organization; December 2016 8 Guide to Community Preventive Services. “Reducing tobacco use and secondhand smoke exposure: smoke-free policies,” http://www.thecommunityguide.org/tobacco/smokefreepolicies.html. Accessed 6/2/2014 9 Loomis BR, Shafer PR, van Hasselt M., “The Economic Impact of Smoke-Free Laws on Restaurants and Bars in 9 States,” Preventing Chronic Disease 2013;10:120327. http://www.cdc.gov/pcd/issues/2013/12_0327.htm. For North Carolina, the study examined the impact of a 2010 statewide smoke-free law that applies to restaurants and bars. The other eight states each had a number of communities with local smoke-free restaurant and/or bar ordinances, but no statewide smoke-free law. 10 Hahn, EJ, “Smokefree Legislation: A Review of Health and Economic Outcomes Research,” American Journal of Preventive Medicine 39(6S1):S66-S76, 2010. http://www.clearwaymn.org/vertical/Sites/%7BF1680E9A-EF78-41E7-8793- 6913CF57DBAB%7D/uploads/%7B8274B71A-3B37-46D7-8320-E457C961A736%7D.PDF 11 International Agency for Research on Cancer (IARC), “Evaluating the effectiveness of smoke-free policies: IARC Handbooks of Cancer Prevention, Tobacco Control, volume 13,” World Health Organization (WHO), IARC, 2009, http://www.iarc.fr/en/publications/pdfs- online/prev/handbook13/handbook13-0.pdf. 12 Eriksen, M & Chaloupka, F, “The Economic Impact of Clean Indoor Air Laws,” CA: A Cancer Journal For Clinicians 57:367-378, 2007. http://caonline.amcancersoc.org/cgi/content/full/57/6/367. 13 HHS, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, Atlanta, GA: HHS, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006, http://www.surgeongeneral.gov/library/secondhandsmoke/report/. 14 Scollo, M, et al., “Review of the quality of studies on the economic effects of smoke-free policies on the hospitality industry,” Tobacco Control 12:13-20, 2003. 15 Kayani, N, et al., “Economic Effect of Smoke-Free Ordinances on 11 Missouri Cities,” Preventing Chronic Disease 2012; 9: E106. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3457759/ 16 Ohio Department of Health. Klein, E, et al., “Summary of the Economic Impact of Ohio’s Smoke-Free Workplace Act.” August 2011. 17 Collins, N, et al., “Effects of Clean Indoor Air Laws on Bar and Restaurant Revenue in Minnesota Cities,” American Journal of Preventive Medicine 39(6S1):S10-S15, 2010. http://www.clearwaymn.org/vertical/Sites/%7BF1680E9A-EF78-41E7-8793- 6913CF57DBAB%7D/uploads/%7B51B38485-15E2-4BAD-8FB5-97C4BF1BC056%7D.PDF 18 Klein, E, et al., “Employment Change for Bars and Restaurants Following a Statewide Clean Indoor Air Policy,” American Journal of Preventive Medicine 39(6S1): S16-S22 (2010). http://www.clearwaymn.org/vertical/Sites/%7BF1680E9A-EF78-41E7-8793- 6913CF57DBAB%7D/uploads/%7BA88787F7-9736-4C44-ADB1-F5D87490F128%7D.PDF 19 Washington State Department of Revenue Press Release, “Businesses bounce back from smoking ban,” June 10, 2008, http://dor.wa.gov/content/aboutus/newsroom/html/smokingban.aspx. Smoke-Free Laws Do Not Harm Business at Restaurants and Bars / 6 20 Pyles, M, et al., “Economic effect of a smoke-free law in a tobacco-growing community,” Tobacco Control 16:66-68, 2007. 21 New York State Department of Health, “The Health and Economic Impact of New York's Clean Indoor Air Act,” July 2006, http://www.health.state.ny.us/prevention/tobacco_control/docs/ciaa_impact_report.pdf. 22 Cowling, DW & Bond, P, “Smoke-free laws and bar revenues in California: the last call,” Health Economics 14(12):1273-1281, 2005. 23 Connolly G, et al., Evaluation of the Massachusetts Smokefree Workplace Law: A Preliminary Report, Division of Public Health Practice, Harvard School of Public Health, Tobacco Research Program, April 4, 2005, http://ash.org/MAstudy.pdf 24 Dai, C, et al., The Economic Impact of Florida’s Smoke-free Workplace Law, Bureau of Economic and Business Research, Warrington College of Business Administration, University of Florida, June 25, 2004, http://www.tobaccoscam.ucsf.edu/pdf/109- Florida+Economic+Impact+Final+Report.pdf. 25 NYC Department of Finance, NYC Department of Health & Mental Hygiene, NYC Department of Small Business Services, NYC Economic Development Corporation, “The State of Smoke-Free New York City: A One-Year Review”, March 2004, http://www.nyc.gov/html/doh/downloads/pdf/smoke/sfaa-2004report.pdf. See also New York City Department of Health and Mental Hygiene, Press Release, “Workers, Owners, City Officials, And Health Groups Toast One-Year Anniversary Of The Smoke-Free Air Act,” March 29, 2004, http://www.nyc.gov/html/doh/html/press_archive04/pr031-0329.shtml. 26 NYC Department of Finance, NYC Department of Health & Mental Hygiene, NYC Department of Small Business Services, NYC Economic Development Corporation, “The State of Smoke-Free New York City: A One-Year Review”, March 2004, http://www.nyc.gov/html/doh/downloads/pdf/smoke/sfaa-2004report.pdf. 27 Zagat, Press Release, “Zagat 2004 New York City Restaurant Survey Finds Local Dining Economy in Comeback Mode,” October 20, 2 003. 28 Meconi, Vincent, Secretary of the Delaware Department of Health and Social Services, “Secondhand Smoke Deserves Regulations,” Delaware State News, December 30, 2003. See also, American Lung Association of Delaware, “Delaware’s Clean Indoor Air Act – The 1st Anniversary Story.” 29 U.S. Centers for Disease Control and Prevention (CDC), “Impact of a Smoking Ban on Restaurant and Bar Revenues --- El Paso, Texas, 2002,” Morbidity and Mortality Weekly Report (MMWR) 53(07), February 27, 2004, http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5307a2.htm 30 For a six-minute video of restaurant and bar owners discussing the positive impact of smoke-free laws and other related resources, visit http://www.tobaccofreekids.org/what_we_do/state_local/smoke_free_laws/. ANR features quotes from restaurant and bar owners across the country on their website http://no-smoke.org/document.php?id=260. 31 Zagat Press Release, “ZAGAT RELEASES 2008 AMERICA'S TOP RESTAURANTS SURVEY.” 32 Zagat Press Release, “2009 ZAGAT AMERICA'S TOP RESTAURANTS SURVEY IS OUT; ECONOMIC DOWNTURN LEADS TO CHANGES IN DINING HABITS.” 33 Torrieri, M, “Smoking Ban: Seven Years Later, Dramatic Changes in Fairfield County Bars,” WestportPatch Online, October 23, 2010. http://westport.patch.com/articles/smoking-ban-seven-years-later-dramatic-changes-in-fairfield-county-bars-5. 34 O’Neal, M, “Butt Out: - The Industry Shouldn’t Need Laws To Make Us Clear The Smoke From Restaurants,” Nation’s Restaurant News, April 16, 2001. 35 Frumkin, P, “Winds of change: Latest report, attitudes should fan smoking debate down new path”, Nation’s Restaurant News Editorial, July 24, 2006. 36 Rutenberg, J & Koppel, L, “Almost Two Years Into Cigarette Ban, New York City Bars Thrive and Many Smokers Shrug,” New York Times, February 6, 2005. 37 Williams, C, Vice President of the Greater Manchester Chamber of Commerce, Chamber Insight, March 10, 2006. 38 Garth, D, President/CEO of the San Luis Obispo (CA) Chamber of Commerce, Letter To Washington DC Council In Support of Smoke-Free legislation, November 3, 2003. 39 Field Research Corporation, “Bar Establishment Survey,” conducted September – October 2002 for California Department of Health Services. Save Lives, Save Money Make Your Business Smoke-Free Suggested citation: Centers for Disease Control and Prevention. Save Lives, Save Money: Make Your Business Smoke-Free. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, June 2006. If you could have a safer workplace, a cleaner workplace, a healthier workplace, a more productive workplace— and it wouldn’t cost you a dime... Would you? If you could save thousands of dollars a year... Would you? Making your business smoke-free can do all that, and more. Why Go Smoke-Free? It’s good for your bottom line. • Going smoke-free lowers the risk of fires and accidental injuries,1,2,3 which can reduce your insurance costs. Smoke-free businesses have negotiated for lower fire and property insurance premiums, with some businesses winning reductions of 25–30 percent.4 • Going smoke-free reduces cleaning and maintenance costs.5, 6 The Building Owners and Managers Association, a national trade group, reports that indoor smoking increases cleaning costs and states “secondhand smoke does not belong in buildings.” 7 • Going smoke-free reduces potential legal liability. Nonsmokers harmed by secondhand smoke at work have won lawsuits and disability claims against their employers under a variety of legal remedies. 8,9 Unigard Insurance (Seattle, WA) saved $500 a month after going smoke-free when its maintenance contractor reduced its monthly fee because staff no longer had to clean ashtrays, dust desks, and clean carpets or furniture as often.10 It’s good for your workers’ health—and that’s good for your bottom line too. • Everyone benefits when the air is cleared of secondhand smoke—even smokers, some of whom will quit or at least cut back.11,12 Workers become healthier, and healthier workers miss less work, are more productive, and have lower health care costs.13,14,15,16 • The American Productivity Audit, a national survey of over 29,000 workers, found that tobacco use was a leading cause of worker lost production time—greater than alcohol abuse or family emergencies. Quitting smoking, or even just cutting back, improves a worker’s productivity.17 • One large company found that their employees who smoked had more hospital admissions (124 vs. 76 admissions per 1,000 workers) and a higher average insured payment for health care ($1,145 vs. $762) than their nonsmoking employees in an 11-month period. 18 Want to know more? Go to www.cdc.gov/tobacco for more information about how smoke- free policies save employers money while improving employees’ health. Think of a lit cigarette as a miniature toxic waste dump. Secondhand smoke contains more than 50 cancer-causing chemicals.19 The toxins in secondhand smoke can cause heart disease and lung cancer in nonsmokers.20 Breathing secondhand smoke for even a short time could have immediate effects on your blood and blood vessels, potentially increasing the risk of a heart attack.21,22,23,24 What Are Your Options? When it comes to secondhand smoke, half-measures like designated smoking rooms won’t get you where you want to go. Because there is no safe level of secondhand smoke25, only 100 percent smoke- free policies fully protect workers’ health.26,27 These policies also offer the greatest support to smokers trying to quit.28,29,30,31 Smoke-free policies can take one of two forms: 100 percent smoke-free in all indoor areas, including company vehicles. Smoking is restricted within specified feet of entrances, windows, and ventilation intakes to prevent smoke from drifting back into the building. 100 percent smoke-free in all indoor and outdoor areas. Smokers must leave company property to smoke. This is often called a smoke-free campus policy. Your written smoke-free policy should begin by stating your goal to create a safe, healthy workplace for all workers: • Mention the documented health risks of secondhand smoke. • Be clear and simple about where smoking is prohibited. Avoid exceptions to the policy (for instance, don’t allow smoking in private offices or production areas). • Voice your commitment to help smokers who want to quit. • Design the policy to treat all workers fairly, regardless of title or smoking status. Myth #1: Ventilation Is a Solution. Even the most advanced ventilation system cannot eliminate secondhand smoke or its health risks.32 The American Society of Heating, Refrigerating, and Air Conditioning Engineers states: “At present, the only means of effectively eliminating health risk associated with indoor exposure [to secondhand smoke] is to ban smoking activity.”33 Myth #2: Smoke-Free Policies Are Hard to Manage. Very few workers say that someone violated a smoke-free policy at their workplace.34 In fact, most smokers come to support smoke- free policies after they’ve had the chance to experience one.35,36,37 “Compliance is easy. We haven’t had problems with our smoke-free policy—that includes the sales and customer service reps in our office building, the workers at our warehouse, and our drivers.” Director of Human Resources, Pet Food Experts, Inc.38 Want to know more? Go to www.cdc.gov/tobacco for model workplace policies and links to organizations that can help you get started. Ready To Make Your Business Smoke-Free? Give yourself at least 6 months to 1 year to plan for the new policy, enough time to take the following steps: Set up a task force to oversee the process. Include top management and workers (union representatives, if applicable); include nonsmokers, smokers, and former smokers. Gather information to educate the task force and, eventually, the entire workforce. Survey your workers about their knowledge and concerns so you can address them before your policy goes into effect. Write the policy. Keep it clear and simple; the more straightforward the policy is, the easier it is to understand and enforce. Set up an enforcement policy that is consistent with other personnel policies and disciplinary procedures. The number of allowed breaks should be addressed under your company’s general break policy and should apply to all workers, smokers and nonsmokers alike. Announce the policy several months before the start date with a letter from the owner or chief executive officer. Train managers on how to handle worker or customer concerns, questions, and infractions, if they occur. Educate workers about the reasons for the policy by using resources like paycheck inserts, posters, or company newsletters. Offer help to workers who want to quit smoking. Plan in advance how you will do this. For ideas, see page 10. Get ready for the policy start date. Post “no smoking” signs, remove ashtrays and tobacco vending machines, and place receptacles for smoking materials at the designated distance outside entrances (or remove receptacles entirely if you are adopting a smoke-free campus policy). Hold a kick-off event on the day the policy starts. Monitor the policy. Have a point person in top management who tracks how the policy is going. Managers should report questions, concerns, or infractions to this person. Offset Paperback in Pennsylvania dismantled their smoking room and passed out mints in wrapping imprinted with the universal no- smoking sign the day their smoke- free policy went into effect.39 Want to know more? Go to www.cdc.gov/tobacco for step-by-step recommendations to plan your policy, resources on working with unions, and sample materials to help survey and educate your workers. If your workers are represented by a union, work closely with the union to create your smoke-free policy. Find out if workers have a right to smoke in the workplace under the existing contract. Understand how the collective bargaining process may affect development and enforcement of a smoking policy. Remember, worker health and safety is a key union concern, and a natural fit with a smoke-free policy. 10 What About Workers Who Smoke? Adopting a smoke-free policy is not passing judgment on smokers and it doesn’t mean workers who smoke are unwelcome. Providing cessation assistance to smokers who try to quit as a result of the policy can increase acceptance of the policy. It is also the best way to make sure that your business maximizes the potential health benefits, and cost savings, of your smoke-free policy. If you provide health insurance or health maintenance organization (HMO) coverage, check to see if your policy covers cessation services (including counseling and medication). If it doesn’t, look into adding coverage for cessation services to your policy; this is the most cost-effective benefit you can offer your workers.40 Other things you can do to increase smokers’ chances of quitting include: • Distribute a list of local cessation programs. • Provide free self-help materials. • Organize free onsite support groups. • Offer free or reimbursed cessation programs onsite or through local providers. 11 Many States host toll-free quitlines that offer free help: Smokers can call 1–800–QUITNOW (1–800–784– 8669) to be connected to the quitline serving their area. The Web site www.smokefree.gov also has quit tips, information, and other free resources. “Helping smokers who want to quit is the most important thing we did to make our smoke-free policy work. We held an onsite cessation program run by the local health department; we also invited many local cessation providers to come to our business for a health fair to promote their programs.” Labor Relations Manager, Just Born, Inc.41 Want to know more? Go to www.cdc.gov/tobacco for more ideas on how to help smoking workers quit, including links to free self-help materials and other resources. Don’t be afraid to bring up the issue of quitting. Seventy percent of smokers say they want to quit.42 12 Over 70 percent of indoor workers already are enjoying the benefits of a smoke-free workplace.43 The following are just a few of the many companies that have gone smoke-free (those with an * have a smoke-free campus policy): 44 AT&T BASF Corporation Bechtel BF Goodrich Tire Manufacturing* Boeing Bristol-Myers Squibb Calgon* Coca-Cola Dow Chemical Company* Dunkin’ Donuts Dupont Chemical Company Eli Lilly and Company* Federal Express General Mills Hain Celestial Foods The Home Depot, Inc. IBM Johnson & Johnson Kennecott Mining* Go Smoke-Free, You’ll Be In Good Company! International Truck and Engine Corporation* Lowe’s Companies, Inc.* Marcal Paper Mills, Inc. MCI Communications Merck & Company Nestle Purina PetCare Company Nike, Inc.* Proctor & Gamble Prudential Financial Scott Paper Company* Sharper Image Starbucks Subaru Auto Assembly Plant (Indiana) Target Corporation Texas Instruments, Inc. Tyson Foods Union Pacific Verizon Westin Hotels 13 More facts and advice are available from the Centers for Disease Control and Prevention at www.cdc.gov/tobacco. To order additional copies of this booklet, call: Toll Free: 1-800-CDC-INFO (1-800-232-4636) In English, en Español 24 hours/day, 7 days/week TTY: 1-888-232-6348 Additional information is available at: www.surgeongeneral.gov. For information to help your employees quit smoking, go to www.smokefree.gov. To access a telephone quitline service in your area, call 1-800-QUIT-NOW (1-800-784-8669). Please note: If you would like to review the references for this publication, you can download a referenced version by going to www.cdc.gov/tobacco. 1 1 U.S. Department of Health and Human Services. Reducing Tobacco Use: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2000. 2 Hall, Jr., JR. The U.S. Smoking-Material Fire Problem. Quincy, MA: National Fire Protection Association, November 2004. http://www.nfpa. org/assets/files//PDF/ossmoking.pdf. Accessed February 27, 2006. 3 Javitz, HS, Zbikowski, SM, Swan, GE, Jack, LM. Financial burden of tobacco use: an employer’s perspective. Clinics in Occupational and Environmental Medicine 2006;5(1):9–29. 4 HealthNowMA. Health Now! and the Business Community. http://www.healthnowma.org. Accessed May 13, 2004. 5 Mudarri, DH. The Costs and Benefits of Smoking Restrictions: An Assessment of the Smoke-Free Environment Act of 1993 (H.R. 3434). Washington, DC: Environmental Protection Agency, Office of Radiation and Indoor Air, Indoor Air Division, 1994. 6 Javitz, HS, Zbikowski, SM, Swan, GE, Jack, LM. Financial burden of tobacco use: an employer’s perspective. Clinics in Occupational and Environmental Medicine 2006;5(1):9–29. 7 Building Owners and Managers Association. Smoking Position Paper. Washington, DC: Building Owners and Managers Association [no date]. http://www.boma.org/Advocacy/FederalLegislativeRegulatoryIssues/ Environment/SmokingPositionPaper.htm. Accessed January 23, 2006. References 1 8 Sweda, E. Lawsuits and secondhand smoke. Tobacco Control 2004;13 (supplement I):S161–166. http://tc.bmjjournals.com/cgi/ content/full/13/suppl_1/i61. Accessed February 27, 2006. 9 U.S. Department of Health and Human Services. Reducing Tobacco Use: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2000. 10 Correspondence of Mr. Thomas Hill, Vice President, Aetna Building Maintenance Co., to Mr. Ed Simone, Unigard Insurance Group. 11 National Cancer Institute. Population Based Smoking Cessation: Proceedings of a Conference on What Works to Influence Cessation in the General Population. Smoking and Tobacco Control Monograph No. 12. Bethesda, MD: U.S. Department of Health and Human Services, Public Health Service, National Institutes of Health, National Cancer Institute, 2000. http:// cancercontrol.cancer.gov/tcrb/monographs/12/. Accessed March 20, 2006. 12 Fichtenberg, CM, Glantz, SA. Effect of smoke-free workplaces on smoking behaviour: systematic review. British Medical Journal 2002;325:188–194. http://bmj.bmjjournals.com/cgi/contentfull/325/7357/188. Accessed February 27, 2006. 13 Ryan, J, Zwerling, C, Orav, EJ. Occupational risks associated with cigarette smoking: a prospective study. American Journal of Public Health 1992;82(1):29–32. http://www.ajph.org/cgi/ content/abstract/82/1/29. Accessed February 27, 2006. 1 14 Eisner, MD, Smith, AK, Blanc, PD. Bartenders’ respiratory health after establishment of smoke-free bars and taverns. Journal of the American Medical Association 1998;280:1909–1914. http://www. tobaccoscam.ucsf.edu/pdf/9.1-Eisner.pdf. Accessed May 31, 2006. 15 Allwright, S, Paul, G, Greiner, B, Mullally, B, Pursel, L, Kelly, A, et al. Legislation for smoke-free workplaces and health of bar workers in Ireland: before and after study. British Medical Journal 2005;331(7525):1117. http://bmj.bmjjournals.com/cgi/ reprint/331/7525/1117. Accessed February 27, 2006. 16 Javitz, HS, Zbikowski, SM, Swan, GE, Jack, LM. Financial burden of tobacco use: an employer’s perspective. Clinics in Occupational and Environmental Medicine 2006;5(1):9-29. 17 Stewart, WF, Ricci, JA, Chee, E, Morganstein, D. Lost productivity work time costs from health conditions in the United States: Results from the American Productivity Audit. Journal of Occupational and Environmental Medicine 2003;45(12):1234-1246. 18 Penner, M, Penner, S. Excess insured health care costs from tobacco-using employees in a large group plan. Journal of Occupational Medicine 1990;32:521–523. 19 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Secondhand Smoke: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. 20 Ibid. 21 Ibid. 22 Otsuka, R, Watanabe, H, Hirata, K et al. Acute effects of passive smoking on the coronary circulation in healthy young adults. Journal of the American Medical Association 2001;286:436–441. 1 23 Pechacek, TF, Babb, S. Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke? British Medical Journal 2004;328:980–983. 24 Barnoya, J, Glantz, SA. Cardiovascular effects of secondhand smoke: nearly as large as smoking. Circulation 2005;111(20):2684– 2698. http://www.tobaccoscam.ucsf.edu/pdf/Barnoya_ SHS_Circulation.pdf. Accessed February 27, 2006. 25 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Secondhand Smoke: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. 26 Ibid. 27 Samet, J, Bohanon, Jr., HR, Coultas, DB, Houston, T, Persily A, Schoen, L, et al. Environmental Tobacco Smoke Position Document. Atlanta, GA: American Society of Heating, Refrigerating and Air-Conditioning Engineers, June 30, 2005. http://www.ashrae.org/content/ASHRAE/ASHRAE/ ArticleAltFormat/20058211239_347.pdf. Accessed February 27, 2006. 28 National Cancer Institute. Population Based Smoking Cessation: Proceedings of a Conference on What Works to Influence Cessation in the General Population. Smoking and Tobacco Control Monograph No. 12. Bethesda, MD: U.S. Department of Health and Human Services, Public Health Service, National Institutes of Health, National Cancer Institute, 2000. http:// cancercontrol.cancer.gov/tcrb/monographs/12/. Accessed March 20, 2006. 29 Fichtenberg, CM, Glantz, SA. Effect of smoke-free workplaces on smoking behaviour: systematic review. British Medical Journal 2002;325:188–194. http://bmj.bmjjournals.com/cgi/ content/full/325/7357/188. Accessed February 27, 2006. 1 30 Farrelly, MC, Evans, WN, Sfekas, AES. The impact of workplace smoking bans: Results from a national survey. Tobacco Control 1999;8:272–277. http://tc.bmjjournals.com/cgi/content/full/8/3/272. Accessed February 27, 2006. 31 Farkas, AJ, Gilpin, EA, Distefan, JM, Pierce, JP. The effects of household and workplace smoking restrictions on quitting behaviours. Tobacco Control 1999;8:261–265. http://tc.bmjjournals. com/cgi/content/full/8/3/261. Accessed February 27, 2006. 32 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Secondhand Smoke: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. 33 Samet, J, Bohanon, Jr., HR, Coultas, DB, Houston, T, Persily A, Schoen, L, et al. Environmental Tobacco Smoke Position Document. Atlanta, GA: American Society of Heating, Refrigerating and Air-Conditioning Engineers, June 30, 2005. http://www.ashrae.org/content/ASHRAE/ASHRAE/ ArticleAltFormat/20058211239_347.pdf. Accessed February 27, 2006. 34 Shopland, DR, Anderson, CM, Burns, DM, Gerlach, KK. Disparities in smoke-free workplace policies among food service workers. Journal of Occupational and Environmental Medicine 2004;46(4):347–356. 35 Fong, GT, Hyland, A, Borland, R, Hammond, D, Hastings, G, McNeill, A, et al. Reductions in tobacco smoke pollution and increases in support for smoke-free public places following the implementation of comprehensive smoke-free workplace legislation in the Republic of Ireland: Findings from the ITC Ireland/UK survey. Tobacco Control 2006;15(supplement 3):iii51–iii58. http://tc.bmjjournals. com/cgi/reprint/15/suppl_3/iii51. Accessed June 19, 2006. 1 36 Colwell, B, Smith, D, Condon, K. Settling the smoke: Paso del Norte Health Foundation status report on adult smoking in El Paso—2001. College Station, TX: Texas A&M University System Health Science Center, School of Rural Public Health, 2002. http://www.pdnhf.org/documents/134SmokeResearch.pdf. 37 Gilpin, EA, Pierce, JP. Changes in population attitudes about where smoking should not be allowed: California versus the rest of the USA. Tobacco Control 2004;13:38-44. 38 Interview of Beth Sammis, Director of Human Resources, Pet Food Experts, Inc. (Cumberland, RI), conducted by Robin Hobart, Social and Health Services, Ltd., Contractor to the Office on Smoking and Health; November 2005. 39 Learn-Andes, J. Company kicks habit and then some. The Times Leader. Wilkes-Barre, PA. August 20, 2005. 40 Centers for Disease Control and Prevention. Coverage for Tobacco Use Cessation Treatments. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2003. http://www.cdc.gov/tobacco/educational_materials/ cessation/ReimbursementBrochureFull.pdf. Accessed February 27, 2006. 41 Interview with Cathy Houser, Labor Relations Manager, Just Born, Inc., conducted by Robin Hobart, Social and Health Services, Ltd., Contractor to the CDC Office on Smoking and Health; November 2005. 42 U.S. Department of Health and Human Services. Reducing Tobacco Use: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2000. 20 43 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Secondhand Smoke: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006. 44 Americans for Nonsmokers’ Rights. Corporate Smokefree Policies; 2006. http://www.no-smoke.org/goingsmokefree. php?id=452. Accessed May 19, 2006. This list was supplemented by newspaper clips and personal communications. 21 As prepared by MGT of America, Inc. 502 East 11th Street, Suite 300 Austin, Texas 78701 (512)476-4697 (T) (512)476-4699 (F) www.mgtofamerica.com (W) The Impact of the Smoking Ordinance on Restaurant Sales in Houston, Texas September 2006 This report was revised on September 27, 2006 due to the release of first quarter 2006 sales tax data by the Texas Comptroller of Public Accounts on September 26, 2006. This data was incorporated into the analysis of Houston’s smoking ordinance. As such, the results and conclusions of the report have been adjusted accordingly. TTAABBLLEE OOFF CCOONNTTEENNTTSS Executive Summary.........................................................................................1 Background ...............................................................................................1 Methods .....................................................................................................2 Results and Conclusions ...........................................................................3 Background......................................................................................................4 Project Overview.......................................................................................4 Rising Popularity of Smoking Control Ordinances..................................5 Economic Studies......................................................................................8 Methods .........................................................................................................12 Results and Conclusions................................................................................16 Performance of Dallas’ and Houston’s Restaurant Sectors....................16 Economic Impact of the Dallas Smoking Ordinance..............................17 Economic Impact of the Houston Smoking Ordinance ..........................18 Conclusions.............................................................................................20 Endnotes.........................................................................................................21 Appendix A: Historic Performance............................................................ A-1 Appendix B: Analysis of Sales....................................................................B-1 Page 1 EEXXEECCUUTTIIVVEE SSUUMMMMAARRYY Background In March of 2005, the City of Houston passed an ordinance prohibiting smoking in restaurants and limiting smoking in a number of other public spaces, including restaurant bars. As part of this ordinance, the city council passed an amendment requiring an independent third-party evaluation of the ordinance’s economic impact 18 months after its passage. The City of Houston contracted with MGT of America to prepare this evaluation. They also asked MGT to evaluate the economic impact of a similar ordinance passed in Dallas in order to determine the longer-term effects of smoking ordinances. Over the past 20 years, numerous states and localities have passed smoking control laws to limit smoking in work and public spaces. Across the U.S., more than 44 percent of the population is covered by 100% smoke-free provisions in workplaces, restaurants, bars or some combination thereof. While most of these bans have been passed by municipalities, 17 states also have passed laws that limit smoking to some degree. In Texas, which has no statewide smoking control law, more than 220 municipalities have passed ordinances limiting smoking in some way. All of the state’s 20 largest cities have passed some type of smoking restriction for at least one setting. The cities with the most comprehensive bans are El Paso, Austin, Laredo, and Beaumont. Amarillo, Pasadena, and Mesquite have the least coverage and/or the least restrictive smoking ordinances. Houston’s smoking ordinance is considered to be of the least restrictive because of the exception areas in which smoking is permitted. Dallas, on the other hand, is considered to be more restrictive because it has designated municipal worksites, restaurants and bars in restaurants as smoke-free. The Dallas and Houston ordinances are similar in that smoking generally is prohibited in restaurants and allowed in bars. The two ordinances differ, however, in the restrictions placed on restaurant bars as well as in the number and type of exceptions to the ban. Executive Summary Page 2 Past studies of the economic impact of smoking have varied based on the sponsoring parties’ support for or opposition to smoking control laws. Studies sponsored by public health agencies and professionals tend to find that smoking ordinances have no economic impact on restaurants, while those sponsored by the restaurant or tobacco industries tend to find negative effects. These studies use differing methodologies. Studies sponsored by public health authorities generally focus on the restaurant industry as a whole, while the restaurant and tobacco industries prefer studies focusing on individual restaurants or restaurant types. While the results of these competing studies seem contradictory, they may not be. Individual restaurant revenues may be affected in different ways – some positively and some negatively – while aggregated revenues remain unchanged. Methods To better understand the restaurant sectors in Dallas and Houston, MGT first analyzed the performance of the two cities’ restaurant industries over the ten years prior to implementation of the ordinances. Next, to examine the economic impact of the ordinances in Houston and Dallas both at the aggregate level and by restaurant type, MGT analyzed municipal sales tax data for “Eating Places” and “Eating and Drinking Places,” and municipal mixed beverage sales data for “Full- Service Restaurants” and “Drinking Places.” Standard Industrial Classification (SIC) codes define Eating Places (SIC 5812) as restaurants that do not sell alcohol and Eating and Drinking Places as restaurants that sell beer and wine (SIC 5816) or restaurants that sell alcoholic beverages (SIC 5817). The North American Industry Classification System (NAICS) defines Full-Service Restaurants (NAICS 722110) as establishments primarily engaged in providing food services to patrons who order and are served while seated, and Drinking Places (NAICS 722410) as establishments primarily engaged in preparing and serving alcoholic beverages for immediate consumption. To analyze restaurant taxable sales and mixed beverage sales in Houston and Dallas, MGT employed multivariate regression analysis to estimate the impact of the smoking ordinance. For Houston’s restaurant sales, MGT also used an adaptive forecasting technique to impute what restaurant sales would have been from 2005 onward had they followed past patterns. Actual sales Executive Summary Page 3 figures were plotted against the forecast to estimate whether sales were higher or lower than they would have been otherwise. Results and Conclusions The Houston and Dallas smoking ordinances do not carry adverse outcomes for the restaurant sector in aggregate. The smoking ordinance in Dallas is associated with somewhat less favorable sales for Eating and Drinking Establishments than for Eating Establishments, although the results were statistically insignificant. In Houston, the analysis of restaurant sales by type suggests that the smoking ordinance was not associated with negative outcomes in the first two quarters after implementation. The smoking ordinance in Dallas is associated with declines in mixed beverage sales in Full-Service Restaurants, although this trend is not replicated in Houston. The results of the analysis on mixed beverage sales in Houston showed no adverse economic outcomes associated with the smoking ordinance for any of the groups of establishments studied. Page 4 BBAACCKKGGRROOUUNNDD Project Overview On March 9, 2005, the City of Houston passed an amendment to its Code of Ordinances concerning smoking in public places. The ordinance, which went into effect on September 5, 2005, generally prohibits smoking in public places and large multi-tenant buildings, making exceptions for a number of specific areas. These areas include taxicabs, hotel and motel rooms, certain hospital and nursing home rooms, restaurant and lounge bars, tobacco specialty shops, convention center exhibition areas, lobbies and waiting rooms, rooms or halls used for private functions, stadium hospitality suites and separate, enclosed individual workspaces. The ordinance specifies that smoking areas must be separate and enclosed, or located near the exhaust system of an enclosed area so that smoke is not drawn into non-smoking areas. As a result, all Houston restaurants other than restaurant bars and rooms used for private functions are 100% smoke-free. Due to the continuing debate over the economic impact of similar smoking ordinances, Houston’s ordinance included a provision requiring that an independent third party conduct a study of its economic impact on restaurant sales. This study is to be presented to the City Council within 18 months of the passage of the ordinance. To comply with this provision, the City of Houston contracted with MGT of America to conduct the study. Because the ordinance had been in place for less than a year before the study began, the city asked MGT to estimate the economic impact of the City of Dallas’ three-year-old smoking ordinance, to consider the longer-term effects of such bans. Dallas implemented its smoking control ordinance on March 1, 2003. Like Houston’s, the Dallas ordinance prohibits smoking in restaurants and permits it in designated areas in bars. The Dallas ordinance is more restrictive than Houston’s, however, in that it contains fewer smoking areas. In particular, smoking is not permitted in Dallas restaurant bars. Background Page 5 Rising Popularity of Smoking Control Ordinances In the past 20 years, public sentiment favoring smoke-free work and public places has gained considerable momentum. Many cities and even some states across the U.S. have passed ordinances limiting smoking in varying degrees. Since 1985, the number of state and local laws limiting smoking has risen from 200 to more than 2,000. More than 44 percent of the U.S. population currently resides in areas covered by 100% smoke-free provisions applicable to workplaces, restaurants and bars in various combinations (Exhibit 1).1 In addition to the localities mapped in Exhibit 1, 17 states have passed laws limiting smoking to some degree, including California, Colorado, Connecticut, Delaware, Florida, Idaho, Maine, Massachusetts, Montana, New Jersey, New York, North Dakota, Rhode Island, South Dakota, Utah, Vermont and Washington.2 Exhibit 1 Local Smoking Control Laws as of July 1, 2006* * Laws shown are those that restrict smoking to any extent. NOTE: some laws shown are not yet in effect. Source: ANR Foundation, Local Tobacco Control Ordinance Database. Background Page 6 Many Texas cities have enacted smoking ordinances in the absence of a statewide law. The Texas Smoke-Free Ordinance Database, created by the University of Houston Health Network for Evaluation and Training Systems, lists all known Texas municipal ordinances designed to restrict exposure to second-hand smoke. Of the 241 Texas municipalities included in this database, most support smoke-free municipal worksites and more than half have limited smoking in restaurants.3 Few, however, have limited smoking in bars. Ninety-three percent of the municipalities have laws that limit smoking at municipal worksites and 55 percent limit smoking in restaurants. Only 19 percent have passed laws limiting smoking in bars (Exhibit 2). Exhibit 2 Summary of Restrictiveness by Setting, Texas Municipal Smoking Control Ordinances Setting No Coverage Limited Mixed Moderate 100% Smoke-free All Restricted # % # % # % # % # % # % Municipal Worksites 18 7 98 41 4 2 9 4 112 46 223 93 Private Sector Worksites 141 59 69 29 6 2 10 4 15 6 100 41 Restaurants 108 45 87 36 19 8 8 3 19 8 133 55 Bars–In Restaurants 183 76 33 14 10 4 5 2 10 4 58 24 Bars–Not in Restaurants 195 81 31 13 8 3 2 1 5 2 46 19 Source: Texas Smoke-Free Ordinance Database, University of Houston Health Network for Evaluation and Training Systems. “No Coverage” indicates that there are no restrictions on smoking in this setting, or that the setting is not specifically addressed in the local ordinance. The “Limited” category indicates that designated smoking areas are allowed or required. “Mixed” indicates either that no smoking is allowed or that designated smoking areas are allowed if separately ventilated, but that the ordinance’s coverage is only partial due to exceptions, ambiguities or legal issues. The “Moderate” category denotes either that no smoking is allowed or that designated smoking areas are allowed if separately ventilated. “100% Smoke-free” indicates that no smoking is allowed in a particular setting. The “All Restricted” category is the sum of the “Limited”, “Mixed”, “Moderate”, and “100% Smoke-free” categories. All of Texas’ 20 largest cities have passed some type of smoking restriction for at least one setting. The first of these cities to place restrictions on smoking was Grand Prairie in 1986, which passed an ordinance restricting smoking in restaurants and bars. Background Page 7 The most comprehensive bans are found in El Paso, which passed its ordinance in 2002; Austin, which passed its ordinance in 2005; and Laredo and Beaumont, both of which passed an ordinance in 2006. Amarillo, Pasadena, and Mesquite have the least coverage and/or the least restrictive smoking ordinances. Eleven of the state’s 20 largest cities have passed ordinances since 2000; many of these included the most restrictive controls. Houston’s smoking ordinance is rated as one of the least restrictive. Exhibit 3 summarizes the restrictiveness of smoking ordinances in Texas’ 20 largest cities. The ordinances are rated according to restrictiveness, with 5 being the most restrictive (100% Smoke-free) and 1 being the least restrictive (No Coverage). Exhibit 3 Restrictiveness of Smoking Control Ordinances Texas’ 20 Largest Cities Municipality Municipal Worksite Private Worksite Restaurant Bar – Not in Restaurant Bar – in Restaurant Population Minority % County Passage Date Houston 2 2 2 2 2 1,953,631 69.19 Harris 3/9/2005 Dallas 5 2 5 2 5 1,188,580 65.44 Dallas 1/22/2003 San Antonio 5 5 2 2 2 1,144,646 68.17 Bexar 8/7/2003 Austin 5 5 5 5 5 656,562 47.06 Travis 3/3/2005 El Paso 5 5 5 5 5 563,662 81.65 El Paso 1/2/2002 Fort Worth 5 3 3 2 2 534,694 54.19 Tarrant 5/20/1997 Arlington 3 3 2 3 3 332,969 40.36 Tarrant 10/11/2005 Corpus Christi 2 2 5 1 1 277,454 61.47 Nueces 1/11/2005 Plano 1 1 3 3 3 222,030 27.24 Collin 8/28/1995 Garland 5 1 3 1 1 215,768 46.71 Dallas 2/21/2006 Lubbock 4 4 4 1 1 199,564 38.70 Lubbock 7/12/2001 Irving 2 2 3 1 2 191,615 51.75 Dallas 7/17/1997 Laredo 5 5 5 5 5 176,576 94.96 Webb 4/3/2006 Amarillo 1 1 2 1 2 173,627 31.57 Potter 9/19/1989 Pasadena 5 1 1 1 1 141,674 52.76 Harris 2/19/1996 Brownsville 2 2 2 1 1 139,722 92.25 Cameron 1/31/1989 Grand Prairie 1 2 2 2 1 127,427 52.82 Dallas 2/4/1986 Mesquite 2 1 2 1 1 124,523 34.64 Dallas 1/1/1999 Abilene 2 2 2 1 1 115,930 31.24 Taylor 4/23/1987 Beaumont 5 5 5 5 5 113,866 57.32 Jefferson 4/25/2006 *Note: 100% Smoke-free (5) - No smoking allowed in a particular setting; Moderate (4) - Either no smoking allowed OR designated smoking areas are allowed if separately ventilated; Mixed (3) - Either no smoking is allowed OR designated smoking areas are allowed if separately ventilated, but coverage is partial due to exceptions, ambiguities, or legal issues; Limited (2) - Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. A setting not specifically indicated is scored as “No Coverage.” Source: Texas Smoke-Free Ordinance Database, University of Houston Health Network for Evaluation and Training Systems. Background Page 8 Economic Studies Smoking control ordinances have generated much debate, primarily concerning the economic impact that such restrictions may have on restaurant, bar and hospitality revenues. Numerous studies have attempted to examine the effect of these ordinances. Many of these studies focus on a single city, while others seek to draw broader conclusions by examining multiple localities as well as previous studies. Perhaps unsurprisingly, the results of these studies tend to correlate with their funding sources. Studies funded by the tobacco and restaurant industries tend to find that restaurant jobs and sales decline under smoke-free ordinances, while studies conducted by public health agencies or professionals show that such policies do not have a significant effect on restaurant sales.4 This divergence may be due to the different study methods employed by the two camps. Tobacco and restaurant industry studies tend to focus on the effects of smoke-free ordinances on individual businesses, relying on survey data.5 By analyzing such data, these studies can compare the effects on individual restaurants or groups of restaurants and identify whether some are affected more or less than others. In other words, they can identify whether the effects of the ordinances are uniform across restaurants, affecting all restaurants the same, or differential, affecting various restaurants differently. Studies performed by public health agencies or professionals, by contrast, tend to focus on aggregate effects, using aggregate sales or employment data. These studies usually examine data on all restaurants lumped together to identify the impact on the sector as a whole. As such, these studies cannot determine whether the effects of an ordinance are uniform or differential, but they can determine whether the sector as a whole is affected. Each group has voiced strong criticism of the other’s methodology, and no consensus appears to have been reached regarding an appropriate method for capturing both differential effects and aggregate impacts. Exhibit 4 summarizes publicly available studies on Texas cities as well as other key studies that have been conducted across the U.S. Note that many of the studies associated with the tobacco or restaurant industry are not published or publicly available, and therefore are not included in the exhibit. Three of the four studies focusing on Texas cities found no evidence that smoking control ordinances affect restaurant sales. These studies employed statistical modeling to control for exogenous factors and isolate the impact of the ordinance itself. The fourth study examined Background Page 9 changes in aggregate sales as well as individual restaurant sales data obtained through a survey. This study found that the smoking control ordinance had negative effects on restaurant sales. The other key studies included in the exhibit all relied on regression analysis and reached the same conclusion, that smoking control ordinances have no economic impact on restaurant sales. The Dunham and Marlow study, however, concluded that bars and taverns are more likely to be adversely affected by smoking laws than restaurants, highlighting the existence of differential effects among various types of establishments. The exhibit demonstrates that differing methodologies produce seemingly conflicting results. It should be noted, however, that individual restaurant revenues may be affected in different ways – some positively and some negatively – while aggregate revenues remain unchanged. To address this issue, aggregated and disaggregated revenues can be examined to identify whether certain groups of establishments are affected more or less than other groups. Background Page 10 Exhibit 4 Summary of Key Studies Locality(ies) Studied (Report Date) Author Affiliation / Sponsor Methodology Results / Conclusions Texas Cities: West Lake Hills, (1995) Huang, P Tobias, S Kohout, S Harris, M Saterwhite, D Simpson, D Winn, L Foehner, J Pedro, L Centers for Disease Control Used linear regression model to estimate the effect of smoking ordinance on aggregate restaurant sales, controlling for seasonal and temporal economic trends. Total sales of the restaurants did not decrease after implementation of the ordinance. Arlington Austin Plano Wichita Falls (2000) Hayslett, J Huang, P Texas Department of Health Used linear regression model to estimate the effect of smoking ordinance on aggregate restaurant sales, controlling for seasonal and temporal economic trends. Total sales showed no evidence of decreasing with the implementation of clean indoor air ordinances in any of the four cities reviewed. El Paso (2004) Huang, P McCusker, M Centers for Disease Control Used linear regression model to estimate the effect of smoking ordinance on aggregate restaurant sales and mixed-beverage sales tax receipts, controlling for seasonal and temporal economic trends. Total sales and mixed beverage sales were not affected by the smoking ban. Dallas (2004) Clower, T L Weinstein, B L Greater Dallas Restaurant Association Evaluated alcoholic beverage sales data, reviewed a survey of the Greater Dallas Restaurant Association membership and analyzed information obtained from press reports. Alcohol sales in Dallas eating and drinking establishments fell between 2002 and 2003, while sales in surrounding areas increased. Self-reported survey data found that restaurant sales declined. Background Page 11 Exhibit 4 (Continued) Summary of Key Studies Locality(ies) Studied (Report Date) Author Journal / Affiliation Methodology Results / Conclusions Other Key Reports: 15 Cities in Colorado and California (1997) Glantz, S Smith, L American Journal of Public Health Used linear regression analysis to estimate the effect of smoking ordinance on restaurant and bar revenues, controlling for seasonal and temporal economic trends. Included a comparison group of cities that did not have smoking ordinances. Smoke-free ordinances do not affect restaurant or bar revenue. New York State: Suffolk New York City Westchester Erie Monroe (2003) Hyland, A Puli, V Cummings, M Sciandra, R Cornell Hotel and Restaurant Administration Quarterly Used regression analysis to estimate the effect of smoking ordinance on revenues and employment, controlling for seasonal, secular and economic trends. Included a comparison group of counties that did not have smoking ordinances. Smoke-free regulations were not associated with adverse economic outcomes in restaurants. 293 municipalities in Massachusetts (2002) Bartosch, W Pope, G Tobacco Control Used regression analysis to estimate the effect of smoking ordinance on meal and alcohol sales, controlling for seasonal, secular and economic trends. Included a comparison group of counties that did not have smoking ordinances. Highly restrictive restaurant smoking policies do not have a significant effect on a community’s level of meal receipts. Nationwide (2000) Dunham, J Marlow, M Contemporary Economic Policy / Philip Morris Used a survey of 1,300 owners/ managers of restaurants and bars across the U.S. to analyze expectations of effect of smoking restrictions on bars and restaurants. A subset of restaurants and the majority of bars and taverns are likely to suffer adverse effects from smoking laws. More importantly, not all establishments are effected to the same degree, confirming the existence of differential effects. Page 12 MMEETTHHOODDSS MGT developed a method to examine both the aggregate and differential effects of Houston’s and Dallas’ smoking ordinance. In this way, the present study attempts to address the concerns of both supporters and opponents. To understand the context in which these ordinances were implemented, MGT examined and compared the historical performance of the restaurant sectors in both Houston and Dallas. MGT then used a statistical analysis to examine the relationship between the smoking ordinances and restaurant and mixed beverage sales. To yield comparable results, we chose to use a method similar to that employed in other quantitative studies. Our economic outcome indicator is per-outlet sales, both restaurant sales per outlet and mixed beverage sales per outlet. To examine differential effects, sales data were analyzed by type of establishment, as defined by Standard Industrial Classification (SIC) codes or North American Industry Classification System (NAICS) codes. In the analysis, sales tax data for Eating Places (SIC 5812), which are restaurants that do not sell alcohol, were analyzed separately from Eating and Drinking Places, which are restaurants that sell beer and wine (SIC 5816) and restaurants that sell alcoholic beverages (SIC 5817). In the analysis of mixed beverage tax data, we analyzed Full-Service Restaurants (NAICS 722110), which are establishments primarily engaged in providing food services to patrons who order and are served while seated, separately from Drinking Places (NAICS 722410), which are establishments primarily engaged in preparing and serving alcoholic beverages for immediate consumption. In addition, we identified indicators to control for secular, economic and seasonal trends. Secular trends are general long-term trends not tied to the economy (such as the increasing popularity of eating out), while economic trends are specifically tied to the economy. Seasonal trends are associated with regular cycles that occur over the course of a particular time period—in this case, a year. (Examples of seasonal trends would include retail sales driven by Christmas.) Methods Page 13 The following data were used to construct the dataset used in this analysis: • quarterly taxable sales data for the SIC codes corresponding to Eating Places (5812) as well as Eating and Drinking Places (5816 and 5817) in Houston and Dallas, from 1993 through fourth quarter 2005 (Source: Texas Comptroller of Public Accounts). • quarterly gross mixed beverage sales for NAICS codes corresponding to Full-Service Restaurants (722110) and Drinking Places (722410) in Houston and Dallas, from 1994 through first quarter 2006 (Source: Texas Comptroller of Public Accounts). • the Consumer Price Index for the Houston and Dallas metropolitan statistical areas (MSAs) from 1993 through the first quarter of 2006 (Source: Bureau of Labor Statistics). • the Business Cycle Index (BCI) for the Houston and Dallas MSAs from 1993 through first quarter 2006 (Source: Federal Reserve Bank, Dallas). The BCI is a coincident index (that is, an index that that varies directly with, and at the same time as, related economic trends) constructed from unemployment data, nonfarm employment and the real gross state product.6 Because sales tax and mixed beverage data were available only up to the first quarter of 2006, only two quarters of data were available to analyze the impact of the smoking ordinance on Houston’s restaurant sales. To illustrate the impact of Houston’s ordinance on restaurants sales, we used the Holt- Winters adaptive forecasting technique, a time-series method used to predict trend behavior. Such forecasts assume that future performance will follow the same pattern as past performance. The Holt-Winters method employed here includes a seasonal component to account for the strong seasonality of restaurant sales. By forecasting a trend from past performance and comparing the Holt-Winters forecast to actual results after the implementation of a smoking ordinance, we can extrapolate the potential effects of the ordinance on restaurant sales. In addition, we analyzed taxable sales and mixed beverage data for Houston and Dallas using a multivariate (that is, involving multiple variables) regression analysis. The following model was used to estimate the impact of the smoking ordinance: Methods Page 14 Y = β0 + β1(Tm) + β2(Q1) + β3(Q2) + β4(Q3) + β5(BCI) + β6(Ord) + ε where: Y = Local taxable restaurant sales per outlet in constant 2006 dollars, or local gross mixed beverage sales per outlet in constant 2006 dollars. Tm = the time period in which the observation was taken. Q1 = 1 if the observation was in the first quarter and 0 if otherwise. Q2 = 1 if the observation was in the second quarter and 0 if otherwise. Q3 = 1 if the observation was in the third quarter and 0 if otherwise. BCI = Business Cycle Index for the appropriate MSA and time period. Ord = 1 if the smoking ordinance was in effect and 0 if otherwise. The model employed per-outlet sales figures as a control for sales growth through city annexations as well as restaurant openings and closings. We used real (inflation-adjusted) sales rather than nominal sales to control for inflation; all sales figures were inflated to 2006 constant dollars. A time variable was included as a continuous variable to control for secular, or long-term, trends. In addition, we constructed variables to represent each quarter, to control for seasonal changes. Finally, to control for economic trends, we incorporated the Business Cycle Index for the Houston and Dallas MSAs into the model. The BCI was used because it more accurately reflects the movement of the Texas economy than employment or production data alone. To measure the effect of the smoking ordinance, we constructed a variable that took a value of 1 in quarters in which the ordinance was in place and a value of 0 when the ordinance was not in place. Both Houston and Dallas implemented their ordinances in the third month of a quarter, but these quarters were assumed to be entirely pre-ordinance due to implementation delays. We analyzed restaurant sales data for Dallas for all three applicable SIC codes in aggregate, and then ran separate models for Eating Places (SIC 5812) and for Eating and Drinking Places (SIC 5816 and 5817). We did not analyze restaurant sales data for Houston in this manner due to the data limitations discussed above. We then analyzed mixed beverage sales for Houston and for Dallas separately for Full-Service Restaurants (NAICS 722110) and Drinking Places (NAICS 722410). We ran these separate models to enable us to determine whether the Methods Page 15 smoking ordinance had differential effects on Eating Places versus Eating and Drinking Places, and Full-Service Restaurants versus Drinking Places. To account for serial correlation (the correlation of successive values in a time series) present in the models, we calculated Newey-West standard errors, which correct for the downward bias in unadjusted standard errors. The results of MGT’s analysis are presented in the following chapter. Page 16 RREESSUULLTTSS AANNDD CCOONNCCLLUUSSIIOONNSS Performance of Dallas’ and Houston’s Restaurant Sectors The charts of restaurant and mixed beverage sales per outlet show strong seasonality. In both cities, the first and second quarter restaurant sales figures are generally higher than the third and fourth quarters, and the fourth and first quarter mixed beverage sales are generally higher than second and third quarter figures. This seasonality creates the ups and downs apparent in Exhibits 5 through 8. We controlled for this seasonality with variables representing the quarters in which the observations were taken. In terms of restaurant sales per outlet, Dallas’ and Houston’s restaurant sector responded differently to the economic recession of the early 2000s. While Dallas’ restaurant sales declined significantly, and were still declining when the smoking ordinance was put into place (Exhibit 5), Houston’s restaurant sales per outlet remained quite stable (Exhibit 6). Exhibit 5 Dallas Restaurant Sales per Outlet By Restaurant Type in Constant 2006 Dollars Exhibit 6 Houston Restaurant Sales per Outlet By Restaurant Type in Constant 2006 Dollars py yp 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 180,000 190,000 200,000 3/31/938/13/9412/26/955/9/979/21/982/3/006/17/0110/30/023/13/047/26/05All Restaurant Eating Places Eating and Drinking Places 80,000 100,000 120,000 140,000 160,000 180,000 200,000 220,000 240,000 3/31/958/12/9612/25/975/9/999/20/002/2/026/17/0310/29/043/13/06All Restaurant Eating Places Eating and Drinking Places In terms of mixed beverage sales per outlet, Dallas’ Drinking Places showed much more sensitivity to the recession (Exhibit 7) than Houston’s (Exhibit 8). Full-service restaurants, on the other hand, remained relatively stable in both cities. To control for the sensitivity of the restaurant sectors to the economy and business cycles, we included the Business Cycle Index in our models. Additional information on the performance of the restaurant sectors in Houston and Dallas may be found in Appendix A. Results and Conclusions Page 17 Exhibit 7 Dallas Mixed Beverage Sales per Outlet By Outlet Type in Constant 2006 Dollars Exhibit 8 Houston Mixed Beverage Sales per Outlet By Outlet Type in Constant 2006 Dollars gp 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 3/31/942/24/951/20/9612/15/9611/10/9710/6/989/1/997/27/006/22/015/18/024/13/033/8/042/1/0512/28/05Full-Service Restaurants Drinking Places 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 3/31/958/12/9612/25/975/9/999/20/002/2/026/17/0310/29/043/13/06Full-Service Restaurants Drinking Places Economic Impact of the Dallas Smoking Ordinance The City of Dallas’ smoking ordinance went into effect in March 2003, as denoted by the dotted vertical line on Exhibits 5 and 7. To analyze the effect of the ordinance on Dallas restaurants, MGT created separate models to examine the relationship between the ordinance and per-outlet sales both for total restaurant sales and mixed beverage sales. Furthermore, these two categories of sales were analyzed by establishment type. These separate models allowed for the identification of differential effects among the types of establishments. Exhibit 9 summarizes the results of this analysis. Coefficient estimates are on the top line, with associated p-values beneath. At the 95 percent confidence level, a p-value of less than 0.05 is significant and greater than 0.05 is insignificant. Additional information may be found in Appendix B. The ordinance was not associated with adverse effects on total per-outlet restaurant sales, either in aggregate or by type. It was associated with minor increases in per-outlet sales for all restaurants and for Eating Places, and with minor decreases in per-outlet sales for Eating and Drinking Places. These outcomes, however, were statistically insignificant at the 95 percent confidence level. For mixed beverage sales, the smoking ordinance was associated with a statistically significant decrease in per-outlet sales for Full-Service Restaurants and a statistically insignificant increase in per outlet sales for Drinking Places. Results and Conclusions Page 18 These results indicate that the smoking ordinance did have differential effects. While the effects on Eating Places and Eating and Drinking Places were insignificant, Full-Service Restaurants’ mixed beverage sales were negatively affected by the smoking ban. Exhibit 9 Dallas Restaurant and Mixed Beverage Sales Trend Analysis Constant Time Q1 Q2 Q3 BCI Ord Restaurant Sales All Restaurants 66,822.68 -325.70 3,970.84 5,800.87 4,513.57 295.02 1,739.51 0.000 0.000 0.000 0.000 0.000 0.000 0.146 Adj. R2 = 0.838 Eating Places 99,896.96 -508.32 6,514.53 11,229.28 9,983.74 575.60 5,424.73 (SIC 5812) 0.000 0.000 0.000 0.000 0.000 0.000 0.064 Adj. R2 = 0.808 Eating and Drinking Places 246,661.90 -1,284.36 11,143.59 10,064.27 3,524.66 645.60 -2,038.81 (SIC 5816, 5817) 0.000 0.000 0.000 0.000 0.044 0.000 0.215 Adj. R2 = 0.910 Mixed Beverage Sales Full-Service Restaurants 57,647.01 285.71 -1,392.02 -4,319.52 -8,910.24 64.01 -9,061.34 (NAICS 722110) 0.000 0.081 0.267 0.000 0.000 0.534 0.013 Adj. R2 = 0.529 Drinking Places 182,805.00 -1,629.69 -3,092.96 -13,241.06 -17,917.88 1,176.71 5,863.49 (NAICS 722410) 0.000 0.000 0.092 0.000 0.000 0.000 0.080 Adj. R2 = 0.908 Economic Impact of the Houston Smoking Ordinance The City of Houston implemented its smoking control ordinance in September 2005, as denoted by the dotted line in Exhibits 6 and 8. To illustrate how the restaurant sector has performed since the implementation of the ordinance, we used the seasonal Holt-Winters method to model restaurant sales, projecting them to the fourth quarter of 2008. Comparing actual restaurant sales for fourth quarter 2005 and the first quarter of 2006 to the projections implies that actual sales were higher than they might have been otherwise (Exhibit 10). We then used multivariate regression analysis to analyze the effect of the smoking ordinance on both restaurant sales and mixed beverage sales. Exhibit 11 summarizes the results of this analysis. Coefficient estimates are displayed on the top line with associated p-values beneath. Additional information may be found in Appendix B. Results and Conclusions Page 19 Exhibit 10 Houston Restaurant Sales per Outlet in 2006 Constant Dollars All Restaurants (SIC 5812, 5816, 5817) Holt-Winters Forecast 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 180,000 190,000 03/27/9503/26/9603/26/9703/26/9803/26/9903/25/0003/25/0103/25/0203/25/0303/24/0403/24/0503/24/0603/24/0703/23/0812/31/05 Actual 3/31/06 Actual With respect to restaurant sales, the ordinance was not associated with adverse effects. In the analysis of restaurant sales in aggregate and by type, there is no evidence of the ordinance having a negative impact. In addition, the Houston ordinance does not appear to have significant differential effects on restaurants by type as the Dallas ordinance did. In the analysis of mixed beverage sales, the smoking ordinance had a positive but insignificant effect on both Full-Service Restaurants and Drinking Places. Note that the ordinance coefficient for the Drinking Places model is of a higher magnitude, implying that the presence of the smoking ordinance was associated with a greater increase in per-outlet sales for Drinking Places than for Full-Service Restaurants. Results and Conclusions Page 20 Exhibit 11 Houston Restaurant and Mixed Beverage Sales Trend Analysis Constant Time Q1 Q2 Q3 BCI Ord Restaurant Sales All Restaurants 134,137.30 -926.27 10,436.83 14,267.48 10,020.14 795.41 19,329.55 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Adj. R2 = 0.919 Eating Places 133,940.70 -1,050.79 9,759.65 14,243.74 11,161.76 814.25 17,919.75 (SIC 5812) 0.000 0.003 0.000 0.000 0.000 0.000 0.000 Adj. R2 = 0.840 Eating and Drinking Places 177,384.60 -1,218.06 9,922.66 11,704.81 3,950.92 1,103.61 18,250.95 (SIC 5816, 5817) 0.008 0.240 0.001 0.002 0.213 0.053 0.000 Adj. R2 = 0.724 Mixed Beverage Sales Full-Service Restaurants 90,750.06 -154.49 -2,995.34 -4,141.12 -8,206.65 166.87 1,299.72 (NAICS 722110) 0.000 0.157 0.001 0.000 0.000 0.016 0.233 Adj. R2 = 0.718 Drinking Places 108,984.90 -1,299.30 3,725.85 -8,567.19 -9,891.79 1,183.43 3,249.61 (NAICS 722410) 0.000 0.001 0.063 0.000 0.000 0.000 0.282 Adj. R2 = 0.900 Conclusions The analyses of per-outlet restaurant sales in Houston and Dallas indicate that smoking ordinances do not carry adverse outcomes for the restaurant sector in aggregate. Although the smoking ordinance in Dallas is associated with less favorable sales for Eating and Drinking Establishments than for Eating Establishments, the effect is statistically insignificant. In Houston, the analysis of restaurant sales by type suggests that the smoking ordinance was not associated with negative outcomes in the first two quarters after implementation. The analysis of per-outlet mixed beverage sales indicates that, in Dallas, the ordinance is associated with declines in mixed beverage sales in Full-Service Restaurants. This trend, however, does not appear to be replicated in Houston. The results of the analysis on mixed beverage sales in Houston showed no adverse economic outcomes associated with the smoking ordinance for any of the groups of establishments studied. The results of our analysis on restaurant sales in aggregate are consistent with earlier quantitative studies performed on other Texas cities. Analyzing sales by restaurant type, however, does indicate that smoking ordinances may not have a uniform effect on all types of restaurants. Page 21 EENNDDNNOOTTEESS 1 “Overview List – How Many Smoke-free Laws?” American Nonsmokers’ Rights Foundation, July 1, 2006. Available online in pdf format at http://www.no-smoke.org/pdf/mediaordlist.pdf. 2 “Overview List – How Many Smoke-free Laws?” 3 Municipalities selected for the study include incorporated municipalities with more than 5,000 residents; all municipalities in the East Texas Pilot Study of 2000 – 2002, sponsored by the Texas Tobacco Prevention Initiative of the Texas Department of State Health Services; municipalities of fewer than 5,000 residents with identified second-hand smoke ordinances; and a representation of each county with at least one municipality. 4 Bartosch, W., and G.C. Pope, “Economic Effect of Restaurant Smoking Restrictions on Restaurant Business in Massachusetts, 1992 to 1998,” Tobacco Control, 2002, 11:38-42; and Scollo, Michelle, A. Lal, A. Hyland and S. Glantz, “Review of the Quality of Studies on the Economic Effects of Smoke-Free Policies on the Hospitality Industry.” Tobacco Control, 2003, 12:13-20. 5 Dunham, J and M Marlow, “Smoking Laws and Their Differential Effects on Restaurants, Bars, and Taverns,” Contemporary Economic Policy, 2000, 18: 326-333; and Clower, T., and B. Weinstein, “A Report on the Impacts of the City of Dallas Smoking Ban on Alcoholic Beverage Sales, March 2003 to March 2004.” Prepared for the Greater Dallas Restaurant Association, 2004. 6 Phillips, Keith R. “A New Monthly Index of the Texas Business Cycle.” Federal Reserve Bank of Dallas, working Paper 0401, Jan 2004. Appendix A: Historic Performance Page-A-1 AAPPPPEENNDDIIXX AA:: HHIISSTTOORRIICC PPEERRFFOORRMMAANNCCEE Houston Restaurant Sector Performance Houston Restaurant Sales and Restaurant Outlets All Restaurants (SIC 5812, 5816, 5817) 400,000,000 500,000,000 600,000,000 700,000,000 800,000,000 900,000,000 1,000,000,000 03/31/9503/31/9603/31/9703/31/9803/31/9903/31/0003/31/0103/31/0203/31/0303/31/0403/31/050 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 Restaurant Sales Restaurant Outlets Houston Restaurant Sales per Outlet By Type 80,000 100,000 120,000 140,000 160,000 180,000 200,000 220,000 240,000 3/31/958/12/9612/25/975/9/999/20/002/2/026/17/0310/29/043/13/06All Restaurant Eating Places Eating and Drinking Places Appendix A: Historic Performance Page A-2 Houston Mixed Beverage Sales By Type 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 3/31/958/12/9612/25/975/9/999/20/002/2/026/17/0310/29/043/13/06Full-Service Restaurants Drinking Places Dallas Restaurant Sector Performance Dallas Restaurant Sales and Restaurant Outlets All Restaurants (SIC 5812, 5816, 5817) 250,000,000 300,000,000 350,000,000 400,000,000 450,000,000 500,000,000 3/31/933/31/943/31/953/31/963/31/973/31/983/31/993/31/003/31/013/31/023/31/033/31/043/31/050 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 Restaurant Sales Restaurant Outlets Appendix A: Historic Performance Page A-3 Dallas Restaurant Sales per Outlet By Type 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 180,000 190,000 200,000 3/31/938/13/9412/26/955/9/979/21/982/3/006/17/0110/30/023/13/047/26/05All Restaurant Eating Places Eating and Drinking Places Dallas Mixed Beverage Sales per Outlet By Type 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 3/31/942/24/951/20/9612/15/9611/10/9710/6/989/1/997/27/006/22/015/18/024/13/033/8/042/1/0512/28/05Full-Service Restaurants Drinking Places Appendix B: Analysis of Sales Page B-1 AAPPPPEENNDDIIXX BB:: AANNAALLYYSSIISS OOFF SSAALLEESS Houston Restaurant Sales Houston Holt-Winters Forecast All Restaurants 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 180,000 190,00003/27/9503/26/9603/26/9703/26/9803/26/9903/25/0003/25/0103/25/0203/25/0303/24/0403/24/0503/24/0603/24/0703/23/0812/31/05 Actual 3/31/06 Actual Houston Holt-Winters Forecast Eating Places (SIC 5812) 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,00003/27/9503/26/9603/26/9703/26/9803/26/9903/25/0003/25/0103/25/0203/25/0303/24/0403/24/0503/24/0603/24/0703/23/0812/31/05 Actual 3/31/06 Actual Appendix B: Analysis of Sales Page B-2 Houston Holt-Winters Forecast Eating and Drinking Places (SIC 5816, 5817) 150,000 160,000 170,000 180,000 190,000 200,000 210,000 220,000 230,000 240,000 250,00003/27/9503/26/9603/26/9703/26/9803/26/9903/25/0003/25/0103/25/0203/25/0303/24/0403/24/0503/24/0603/24/0703/23/0812/31/05 Actual 3/31/06 Actual Houston Mixed Beverage Sales Houston Real Mixed Beverage Sales per Outlet Full-Service Restaurants (NAICS 722110) 80,000 85,000 90,000 95,000 100,000 105,000 Mar-94 Aug-95 Dec-96 May-98 Sep-99 Feb-01 Jun-02 Oct-03 Mar-05 Predicted Actual Appendix B: Analysis of Sales Page B-3 Houston Real Mixed Beverage Sales per Outlet Drinking Places (NAICS 722410) 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Mar-94 Aug-95 Dec-96 May-98 Sep-99 Feb-01 Jun-02 Oct-03 Mar-05 Predicted Actual Dallas Restaurant Sales Dallas Real Sales per Outlet All Restaurants (SIC 5812, 5816, 5817) 100,000 110,000 120,000 130,000 140,000 150,000 160,000 Mar-93 Aug-94 Dec-95 May-97 Sep-98 Feb-00 Jun-01 Oct-02 Mar-04 Jul-05 Predicted Actual Appendix B: Analysis of Sales Page B-4 Dallas Real Sales per Outlet Eating Places (SIC 5812) 110,000 115,000 120,000 125,000 130,000 135,000 140,000 145,000 150,000 155,000 Mar-93 Aug-94 Dec-95 May-97 Sep-98 Feb-00 Jun-01 Oct-02 Mar-04 Jul-05 Predicted Actual Dallas Real Sales per Outlet Eating and Drinking Places (SIC 5816, 5817) 125,000 135,000 145,000 155,000 165,000 175,000 185,000 Mar-93 Aug-94 Dec-95 May-97 Sep-98 Feb-00 Jun-01 Oct-02 Mar-04 Jul-05 Predicted Actual Appendix B: Analysis of Sales Page B-5 Dallas Mixed Beverage Sales Dallas Real Mixed Beverage Sales per Outlet Full-Service Restaurants (NAICS 722110) 90,000 95,000 100,000 105,000 110,000 115,000 120,000 125,000 Mar-94 Aug-95 Dec-96 May-98 Sep-99 Feb-01 Jun-02 Oct-03 Mar-05 Predicted Actual Dallas Real Mixed Beverage Sales per Outlet Drinking Places (NAICS 722410) 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 Mar-94 Aug-95 Dec-96 May-98 Sep-99 Feb-01 Jun-02 Oct-03 Mar-05 Predicted Actual 1 One-Year Assessment of the Impact of a Smoking Ban on Restaurant and Bar Revenues in El Paso, Texas Margaret McCusker, MD, MS and Philip Huang, MD, MPH Bureau of Chronic Disease and Tobacco Prevention Texas Department of Health August 2003 2 One-Year Assessment of the Impact of a Smoking Ban on Restaurant and Bar Revenues in El Paso, Texas The consideration of how smokefree indoor air ordinances impact restaurant and bar revenues is an issue that frequently arises regarding these public policies. A prior study of four Texas cities with smokefree indoor air ordinances found that implementation of a smokefree indoor air ordinance was not associated with any adverse change in restaurant revenues in Plano and Wichita Falls, and was associated with an increase in total restaurant revenues in Arlington and Austin. In January 2002, the city of El Paso implemented a municipal ordinance that banned smoking in all public places including all restaurants, bars, taverns and work places. This report evaluates the impact of the ordinance on restaurant and bar revenues in this municipality using quarterly aggregate restaurant, bar and retail revenue data obtained from the Texas state comptroller’s office. Sales tax data (1990-2002) and mixed beverage tax data (1995-2002) were both analyzed. The economic effect of the smoking ban implementation was investigated using a linear regression model. The model included variables representing the impact of the ordinance on restaurant revenues and quarterly (seasonal) trends. The seasonal variables were included to reflect variations in revenue that typically follow a seasonal pattern. Figures 1, 3, and 5, showing the gross restaurant and bar, restaurant-only, and bar-only revenues, indicate that gross revenues continued to increase in all three types of establishments after the smoking ban was implemented. The regression models showed no significant adverse changes in restaurant and bar, restaurant-only, and bar- only revenues and revenues as a proportion of total retail revenues after the smoking ban was implemented in January 2002. Figures 2, 4, and 6 show that no significant changes in restaurant and bar, restaurant-only, and bar-only revenues as a proportion of total retail revenues occurred after the smoking ban was enacted. Mixed beverage revenues remained stable over time in El Paso, with no significant change in gross mixed beverage sales or mixed beverage sales as a proportion of total retail revenues (figures 7 and 8). As of July 2003, revenue data through the fourth quarter of 2002 3 were available (4 quarters since the ordinance was enacted). Subsequent data will continue to be monitored to look for any changes in these trends over time. Summary Based on the currently available sales tax and mixed beverage tax data, there have been no significant adverse changes in restaurant or bar revenues in El Paso since the comprehensive smoking ban was implemented. These findings are consistent with prior reports from other cities in Texas and across the United States that smokefree indoor air ordinances do not affect restaurant revenues, and with the effect of the total smoking ban on restaurant and bar revenues in California. 4 0 25 50 75 100 125 150 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 YearRevenue (x $1,000,000) Quarter 1 Quarter 2 Quarter 3 Quarter 4 Smoking Ban in Effect January 1, 2002 0% 2% 4% 6% 8% 10% 12% 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 YearPercent of Retail Revenue Quarter 1 Quarter 2 Quarter 3 Quarter 4 Smoking Ban in Effect January 1, 2002 Figure 1. Gross Restaurant and Bar Sales by Quarter, El Paso, Texas Figure 2. Restaurant and Bar Sales as a Proportion of Total Retail Revenues, El Paso, Texas 5 0 20 40 60 80 100 120 140 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 YearRevenue (x $1,000,000)Quarter 1 Quarter 2 Quarter 3 Quarter 4 Smoking Ban in Effect January 1, 2002 0% 2% 4% 6% 8% 10% 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 YearPercent of Retail Revenue Quarter 1 Quarter 2 Quarter 3 Quarter 4 Smoking Ban in Effect January 1, 2002 Figure 3. Gross Restaurant Sales by Quarter, El Paso, Texas Figure 4. Restaurant Revenues as a Proportion of Total Retail Revenues, El Paso, Texas 6 0 5 10 15 20 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 YearRevenue (x $1,000,000)Quarter 1 Quarter 2 Quarter 3 Quarter 4 Smoking Ban in Effect January 2, 2002 0.0% 0.3% 0.5% 0.8% 1.0% 1.3% 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 YearPercent of Retail Revenue Quarter 1 Quarter 2 Quarter 3 Quarter 4 Smoking Ban in Effect January 2, 2002 Figure 5. Gross Bar Sales by Quarter, El Paso, Texas Figure 6. Bar Revenues as a Proportion of Total Retail Revenue, El Paso, Texas 7 0 2 4 6 8 10 12 14 16 18 1995 1996 1997 1998 1999 2000 2001 2002 YearRevenue x$1,000,0001st Quarter 2nd Quarter 3rd Quarter 4th Quarter Smoking Ban in Effect January 2, 2002 0.0% 0.4% 0.8% 1.2% 1995 1996 1997 1998 1999 2000 2001 2002 YearPercent of Retail Revenue1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Smoking Ban in effect January 2, 2002 Figure 7. Gross Mixed Beverage Sales by Quarter, El Paso, Texas Figure 8. Mixed Beverage Sales as a Proportion of Total Retail Revenue, El Paso, The Little Black Book of Billionaire Secrets JUN 4, 2009 @ 02:00 PM 28,490 The Economic Impact Of Smoking Bans A debate over the desirability of smoking bans for bars and restaurants, seemingly ancient history in cities such as Los Angeles and New York, is now reaching the news again as legislatures in traditional tobacco-growing states have begun to consider the issue. Legislatures in both North Carolina and Virginia recently approved statewide smoking bans for bars and restaurants. There are pros and cons of such a ban. On the pro side, secondhand smoke can result in adverse health consequences for some patrons and employees. What about the cons? Arguments based on harm to tobacco manufacturers or libertarian viewpoints focusing on individual freedom are often partially or completely discarded by politicians. This leaves only one potential con that could have significant appeal to legislators: A ban could reduce the profits of and employment by bars and restaurants--and, in particular, may harm small business owners. Well over 100 empirical studies have attempted to examine the economic impact of smoking bans on the hospitality industry. Most of these studies purport to show that smoking bans do not have adverse economic impacts on bars and restaurants, and some actually claim to demonstrate that they improve their profitability. The surgeon general explicitly relied on this body of literature in a report on smoking bans in 2006, and many legislators have relied on it since then. If one accepts these results, then smoking bans reduce secondhand exposure yet don't negatively affect (and may even help!) bars and restaurants. So there isn't much need for debate and, given this evidence, even states known for tobacco production continue to vote smoking bans into place. But there is one major problem. Upon further inspection, previous studies do not, on the whole, demonstrate that smoking bans don't harm bars and restaurants. In fact, appropriately done studies and basic economic logic demonstrate that they often do. As several recent economic research articles have explained, many prior studies of smoking bans are riddled with statistical shortcomings. For example, some simply compare revenues of bars and restaurants for a short time period with a smoking ban with revenues during a short time period without a ban. But, they do so without making any adjustment for other factors that impact revenues over a given time period. Others simply try to account for the factors influencing sales in a rough way. When the authors don't find a statistically significant result (which shouldn't be surprising because they haven't carefully done the analysis), they conclude that bans do not harm bars or restaurants. Several recent peer-reviewed, published articles have noted these and other more technical flaws. In a peer-reviewed research article I published a few months ago, I performed an empirical study of the proposed smoking ban in India that examined its economic impact by looking at stock market prices. (This is a method that has been used in hundreds of peer-reviewed economic research articles.) I found a statistically significant result that the proposed smoking ban lowered the market value of hospitality industry firms. In my sample, that category included bars, restaurants and hotels. Of course, I studied only India, and only one particular smoking ban. Yet the result of my analysis (the only one using this well-established method) certainly establishes that a smoking ban can hurt the hospitality industry. To be sure, it is also a possibility that any ban will lower smoking patrons' demand for the services of bars, restaurants and gaming establishments where smoking is not permitted. Basic economic theory maintains that such lower demand could lower the profits of any bar or restaurant subject to such a ban. Basic economic theory also posits that a ban can distort the natural action of the market by leading to a transfer of business from one establishment to another. For example, many recent state legislatures have considered approving only a partial ban, which exempts certain types of establishments like private clubs or cigar lounges. Such targeted bans can be particularly harmful to those establishments subject to the ban, as they lose business to competing firms that don't face the ban. Such an impact can also occur for establishments located in areas under a smoking ban but near an area without such a ban. In this case, a ban can simply lead to a transfer of business away from the area with a smoking ban to the area without the ban. So, even if legislators are reluctant to listen to arguments about individual freedom or those based on preserving the welfare of tobacco manufacturers, there are other, very real economic trade-offs they should consider when voting on a smoking ban. Dr. Jonathan T. Tomlin is an economist and principal at LECG, an international economic research and consulting firm. His research on smoking bans recently appeared in the B.E. Journal of Economic Analysis & Policy. ""!"!""""""""""""""""""""""""!"""""""""""!""""""""""""""""""""""""""!""""""""!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!"""""""""""""""""""""""""""""""""""""""!"""""""""""!"""""""""""""""""""""""""""""""""""""""""""!"""""""""""""!"""""""""!"""""""""!!"""""""""!"!""!"!""""""""""""""""""""!""""!""""""!""!"!!""""""""!!"""""""!"""""!"!"""!"!"!!""!!"!"""""""!""!"""""""""""""""""""!""""!"""""""""""""""!""""""""""""!""""""""""""""""""""""""""""""""""""!""""!!!""""""""""!"""""!"!!""!!"""""""!""""""""""""""""""""""""!""""""""!"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""!""""""""""""""""""""""""""""""""""""!""""""""""!""""""""""""""""""""""""""""""""""""""!"""""""""""""""""!""""""""""""""""""!""""!""""""""""""!""!""!""""!""""!""!!"!""""""!"""""""""""""""""""""!""""""""!""""!!!""!!"""""!"""""""""""""!""!"""!!""!!!!!!!!!!!!"!"""""""!"""!""""!!"""!""""""""""!""""""""""""""""""""""""""""""""""!""""""""""!"""""""""!""!"""!!!!!!!"!!!!"!"!"""!"""""""""""""""!!"!!!"""""!"!"""""""!"""""!!"""!"!""!"!"!!""""""""!!!!!""!""""""""""""""""""""""""""""""""!!!!!"!""""""!"!"!!!!!"!!!!!!!!!"!!!!!!!!!"!!!!!!""""!""!"!!!""""""""!""!!""""!""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""MOCOAZHIAKCANVNMTXOKKSWYIDUTWAORMTIANENDSDMNINKYMSLAARTNILGAALFLVANCSCMDPAOHWVMIWINYNJDECTMAVTRINHME""""State and Commonwealth/Territory Law Type 100% Smokefree in Non-Hospitality Workplaces, Restaurants, and Bars 100% Smokefree in one or two of the above No 100% Smokefree State LawLocality Type with a 100% Smokefree Law" City! CountyUnited States 100% Smokefree Air LawsAmerican Nonsmokers' Rights FoundationAs of January 2, 2018Guam"""""!!Puerto RicoU.S. Virgin IslandsAmerican SamoaCommonwealth ofNorthern MarianaIslands Territories andCommonwealths"!Note: American Indian and Alaska Native sovereign tribal laws are not reflected on this map.!"""" Smoke-free Making Cities WHO Library Cataloguing-in-Publication Data: Making cities smoke-free. 1.Smoking - prevention and control. 2.Tobacco smoke pollution - prevention and control. 3.Tobacco smoke pollution - legislation and jurisprudence. 4.Cities. 5.Urban health. 6.Health policy. I.World Health Organization. ISBN 978 92 4 150283 2 (NLM classification: WM 290) © World Health Organization 2011 All rights reserved. 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Design and layout by Bernard Sauser-Hall Printed by the WHO Document Production Services, Geneva, Switzerland MAKING CITIES SMOKE-FREE 2011 iii This publication is the result of a joint project - Smoke-Free Cities – between the Tobacco Free Initiative (TFI) and the WHO Centre for Health Development (Kobe Centre) of the World Health Organization (WHO). The lead contributor of this paper is Heather SELIN, WHO consultant. The project leaders for the production of this paper were Francisco ARMADA of the WHO Kobe Centre and Luminita SANDA of the WHO TFI, with the collaboration of Armando PERUGA of the WHO TFI and Mina KASHIWABARA of the WHO Kobe Centre, under the coordination of Douglas BETTCHER of the WHO TFI and Jacob KUMARESAN of the WHO Kobe Centre. We are grateful for the thoughtful comments received from the participants at the Global Consultation Meeting on Smoke-Free Cities (12-13 April 2010) organized by WHO TFI in Geneva, Switzerland: Eamon Corcoran, Ireland, international consultant for tobacco control; Ronald GOULD, lead politician for Liverpool Smoke-Free campaign, and former Lord Mayor of the City of Liverpool; Alice GRAINGER-GASSER, Project Manager, Global Smokefree Partnership and World Heart Federation; Sylviane RATTE, Advisor, International Union against Tuberculosis and Lung Disease; Itsuro YOSHIMI, National Institute of Public Health, Japan. Technical input from Ulysses DOROTHEO and Domilyn VILLAREIZ of the Southeast Asia Tobacco Control Alliance, member organization of the Global Smokefree Partnership, is gratefully acknowledged. We would also like to thank the following contributors who provided input for the smoke-free case studies in the project: Armando AHUED-ORTEGA, Lucy ANAYA, S. ANGELIS, H. Siddiq Ali Thamin ANSARI, Rathinam ARUL, María Magdalena Patlán BRISEÑO, Daniela Guedes CAMPELO, Marcelo Ebrard CASAUBÓN, Patricia CRAVIOTO, Jon DAWSON, Wilson ENDAU, Alice Grainger GASSER, Hemant GOSWAMI, G. KAVITHA, Victor MATETE, Martha Olga MILLÁN-JAIME, Mostafa MOHAMED, Joseph MUTAI, Joyce Nanjala NATO, Fredrick Aggrey Akumu ODHIAMBO, Rebeca ROBLES-GARCÍA,Ignacio Federico Villaseñor RUÍZ, Jamilya SADYKOVA and Shanelle UEYAMA. We appreciate the administrative support received from Miriamjoy ARYEE-QUANSAH, and Yoko INOUE and the editorial support from Richard BRADFORD of WHO and from Diana HOPKINS, external consultant, who edited the report. WHO TFI and WHO Kobe Centre also acknowledge the work of all of the governments and NGOs that have achieved smoke-free environments and in doing so have provided the evidence and experience that informs this paper. AKNOWLEDGMENTS ACRONYMS ......................................................................................................................... vi FORWARD ........................................................................................................................... vii 1. INTRODUCTION ...................................................................................................................... 1 2. WHAT DOES IT MEAN TO BE “SMOKE-FREE”?.................................................................. 2 3. EVERY CITY CAN DO SOMETHING ....................................................................................... 2 3.1. How should a city choose action priorities?.................................................................. 3 3.2. Where should we start and how long will it take?........................................................ 4 4. KEY ELEMENTS FOR SUCCESSFUL IMPLEMENTATION ................................................... 5 4.1 Success element 1: simple, clear, enforceable and comprehensive legislation......... 6 4.1.1 Legal basis for regulation....................................................................................... 8 4.1.2 Effectively defining scope of legislation................................................................. 9 4.1.3 Designated indoor smoking rooms or areas: neither simple, nor comprehensive, nor enforceable (or protective).................................................... 11 4.2 Success element 2: anticipation and countering of the opposition.............................. 13 4.2.1 Front groups ............................................................................................................ 14 4.2.2 Ventilation and “accommodation“, and attacking the science............................ 14 4.2.3 Economic arguments.............................................................................................. 15 4.2.4 Legal challenges (or threats of legal challenges) ................................................ 16 4.3 Success element 3: good planning and adequate resources to maximize compliance with the law.................................................................................................. 17 4.3.1 Enforcement strategy.............................................................................................. 19 4.4 Success element 4: civil society involvement................................................................. 20 4.5 Success element 5: outreach and communications ..................................................... 22 4.5.1 Outreach to media, the public and political leaders............................................. 24 4.5.2 Outreach to businesses and employers................................................................ 26 4.5.3 Political champions as messengers...................................................................... 26 4.6 Success element 6: monitoring and evaluation of implementation and impact of the law................................................................................................................................ 28 4.6.1 Types of monitoring tools ....................................................................................... 28 4.6.2 Getting the message out: the law works and is popular...................................... 32 5. TWELVE STEPS TO A SMOKE-FREE CITY ........................................................................... 32 ANNEX 1. MODEL ORDINANCE WITH COMMENTS ................................................................ 34 ANNEX 2. LEGISLATION REVIEWED ........................................................................................ 40 ANNEX 3. OTHER RESOURCES ................................................................................................ 44 REFERENCES ............................................................................................................................. 49 iv CONTENTS v Contents FIGURES Figure 1 From Argentina, a variation on the traditional “no smoking” sign ........................ 7 Figure 2 The welcome sign to Frankfurt’s “smoke-free” airport is highly misleading, as evidenced by the smoking areas inside where Camel cigarettes sponsor the smoking zone........................................................................................................ 9 Figure 3 Billboards and other promotional material in Mecca and Medina ........................ 16 Figure 4 Heather Crowe. Died of lung cancer from second-hand smoke in the workplace in 2006, age 61............................................................................................................. 20 Figure 5 Ireland’s mass media campaign highlighted protection of workers, the “Smoke-freeworks” campaign. .......................................................................... 21 Figure 6 Posters promoting the implementation of smoke-free laws in bars and restaurants in Mexico City. ........................................................................................ 22 Figure 7 Guidance brochures and posters for businesses and their staff produced in Hong Kong SAR, Ireland and Scotland. ................................................................ 23 Figure 8 Manual Mondragon, former Secretary of Health of Mexico City; Tabaré Vazquez, President of Uruguay. ................................................................................................ 23 Figure 9 Public support for smoke-free laws pre- and post-implementation (after about one year) in Ireland, New Zealand (data reflects support for smoke-free bars only) and New York State .................................................................................................... 27 BOXES Box 1 Every city can do something ...................................................................................... 2 Box 2 Smoke-Free Liverpool, as an example of action towards a smoke-free country .. 3 Box 3 Why are signs important? .......................................................................................... 7 Box 4 The case of Chandigargh, India.................................................................................. 8 Box 5 Three cities’ experiences with designated smoking rooms .................................... 11 Box 6 Mecca and Medina: unique rationale, familiar implementation strategies............ 16 Box 7 Scotland’s enforcement protocol .............................................................................. 17 Box 8 Chandigarh civil society action leads to implementation and partnership with local government ................................................................................................ 18 Box 9 Canada: a personal message from a worker............................................................ 20 Box 10 Rosario, Santa Fe, Argentina: citizen’s action supports smoke-free legislation and makes the news .................................................................................................. 21 Box 11 Uruguay campaign “Un Millón de Gracias” (“Thanks a Million”)............................ 24 Box 12 “Twelve steps”.............................................................................................................. 29 TABLE Table 1 Sample polling questions and response options from a Mori poll, Uruguay, 2006.............................................................................................................. 25 DSR designated smoking room NGO nongovernmental organization SHS second-hand smoke WHO World Health Organization WHO FCTC WHO Framework Convention on Tobacco Control WHO TFI World Health Organization, Tobacco Free Initiative WHO Kobe Centre World Health Organization, Centre for Health Development vi ACRONYMS vii A message to mayors With growing numbers of people moving into cities, the challenges facing municipalities today to expand public services under their control are innumerable. In many countries, greater political and financial power is being devolved to city councils and, while this may be a positive development, the financial resources available to the authorities to assume additional responsibilities for more people appear to be shrinking. Given these challenges, properly protecting the health of your city’s residents may seem, at first glance, to be a daunting task. However, there is at least one cost-effective measure you can put in place to greatly improve the health of those who live and work in your city: adopt and implement legislation to prohibit tobacco smoking in indoor public places and workplaces (smoke-free legislation). This paper is intended to assist your staff and other city officials to prepare for and implement smoke-free legislation that is popular, complied with, and effective in improving health. Implementation of smoke-free legislation is associated with better health amongst workers, improved indoor air quality, and a lower incidence of heart attacks. The paper draws on the experience of many different jurisdictions to provide practical information about how your city can become smoke-free. Apart from practical guidance, there is one key ingredient for success that you must contribute: political leadership. Almost certainly, every mayor who has embarked on smoke-free legislation has had doubts. The tobacco industry seeds these doubts far and wide. Is a smoke-free law really feasible? Does the public really want this law? Will bars, cafes and restaurants lose business? Will anyone obey the law? These doubts may be real, but they are unfounded. Hundreds of cities – including large cities such as Mexico City, New York and Sao Paulo – have successfully prohibited smoking in all indoor public places and indoor workplaces. So have many countries, including Ireland, New Zealand, Panama, the United Kingdom and Uruguay. Their experience is revealing. FORWARD viii •Compliance with the laws is high:the United Kingdom achieved 98% compliance within a year of the law’s implementation; Ireland achieved 94% compliance within a year. In both countries, opponents had argued that the public would never comply with the law. •The laws are popular,and become more so after they are implemented. After smoke-free legislation was implemented, public support for it increased from 64% to 74% in New York State, from 67% to 82% in Ireland, and from 61% to 82% in New Zealand. •Smoke-free laws are good for business.Not a single scientifically objective study has found a negative economic impact of smoke-free legislation. Objective, peer-reviewed studies have consistently found that smoke-free laws have a neutral or positive impact on businesses, including those in the hospitality or catering sector. A smoke-free city will not “just happen” You will need to properly prepare for it through information campaigns and planning with the public, decision-makers and stakeholders. You will need a strong law that is enforceable and an enforcement plan. But you will have clear guidance based on the experience of existing smoke-free cities. Will it be without financial costs? No. You will need to invest resources in staff time, commu- nicationsand enforcement, but they will not be significant. The costs will diminish rapidly after the law is implemented. And they will be minimal compared to most public health investments, and compared to the health and economic benefits that will be achieved. Will it be without challenges? No. The tobacco industry and its allies will oppose smoke-free legislation. It will provide resources to other organizations to thwart your efforts. It may even take your city to court. But it will very likely lose in court against a well-designed, well- implemented law that is based on protecting public health. The court challenges are meant to delay implementation and to weaken laws that protect public health. They are meant to intimidate, and often do. Your political leadership will be the buttress against these challenges. Without your leadership, it will be very difficult to achieve a smoke-free city. With it, your city’s success in implementing smoke-free legislation is virtually guaranteed. There is really no good reason NOT to support smoke-free. 1 Exposure of non-smokers and smokers to second-hand tobacco smoke causes cancer, heart disease, lung disease, and childhood illness including cot death and asthma. Worldwide, 600 000 people are estimated to die annually as a result of exposure to second-hand smoke (SHS).1 The toxic mix in tobacco smoke includes 60 known human cancer-causing agents. There is no known safe level of exposure to tobacco smoke.2,3,4 As of November 2011, 174 countries have agreed to implement the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), an international treaty that requires these countries to protect their residents from harm caused by exposure to tobacco smoke.5 Guidelines unanimously adopted by Parties to the treaty in July 2007 set out the meaning of this protection: “...passing legislation or other legal measures to eliminate tobacco smoke from all indoor workplaces and public places, whether they be private offices, public transportation, …..”6 Despite this international commitment to eliminate exposure to tobacco smoke, only 11% of the world’s population is adequately protected by law from exposure to second-hand smoke. This represents an unacceptable gap between commitment and practice. 1 Action by cities can help close this gap. While national laws that protect all of a country’s residents from exposure are ideal, the reality is that cities can often pass legislation sooner than countries: political will may not exist at national level, but it may exist in one or more cities in a country; and opposition from tobacco companies can usually be more successfully overcome at local rather than national level. City leaders, as credible voices for their citizens, can also directly advocate for smoke-free laws at national level. In many countries, particularly federal countries like Australia, Canada and the United States of America (USA), protection from exposure to SHS in workplaces and public places has been achieved almost entirely by city or other sub-national legislation. In others, like the United Kingdom, strong advocacy at the city level has led to national legislation. In many cases, enforcement has involved municipal workers and agencies. The adoption of smoke-free legislation by cities, and pressure from cities to urge adoption of smoke-free legislation at national level, is a powerful parallel process to national efforts that can greatly accelerate protection of the world’s population from exposure to deadly tobacco smoke. For these reasons, municipalities have a unique opportunity and obligation to be a catalyst for smoke-free environments, no matter how large or small their populations. 1. INTRODUCTION 2 In the context of this guide, a “smoke-free city” is a city that has adopted and implemented legislation that prohibits smoking in all indoor (or enclosed, if that terminology is more familiar) workplaces, all indoor public places, and all public transportation, with no or very limited exceptions. “Comprehensive smoke-free legislation” refers to legislation that prohibits smoking in all indoor workplaces, all indoor public places, and on all public transportation as recommended by the WHO FCTC Article 8 implementation guidelines. Legislation that permits indoor smoking areas of any kind is not considered “smoke-free”. Also in this guide, legislation that only prohibits smoking in a single type of establishment – such as in schools or hospitals – is not considered to be comprehensive smoke-free legislation. This is not to say that cities should not attempt to prohibit smoking in hospitals or in other categories of establishments. However, the end goal should be far broader: universal, comprehensive protection. The aim of this paper is to help cities towards becoming comprehensively smoke-free. 3. EVERY CITY CAN DO SOMETHING Many cities have full authority to pass comprehensive smoke-free laws to eliminate exposure to tobacco smoke in indoor workplaces and public places. If comprehensive smoke-free legislation does not exist at another jurisdictional level, these cities should use their authority to adopt laws or other available legal instruments to prohibit tobacco smoke in these places. Some cities may NOT have adequate authority to pass strong, comprehensive legislation. However, this does not mean that they should not take action. Most cities will at least have the authority to prohibit tobacco smoke in certain types of workplaces, for example, local public transportation and municipal public buildings. They should adopt legislation prohibiting smoking indoors in whatever categories of establishments over which they have authority to regulate. 2. WHAT DOES IT MEAN TO BE “SMOKE-FREE”? Box 1: Every city can do something • Encourage compliance with any existing smoke-free legislation. • Require, by legislative or regulatory means, that all indoor public places and workplaces where the city has power to regulate be smoke-free. • Advocate at high-level jurisdictions (national, state, provincial, territorial) for comprehensive smoke-free laws, particularly if there is limited jurisdiction to regulate at municipal level. 3 3. Every city can do something Box 2: Smoke-Free Liverpool, as an example of action towards a smoke-free country In 2004, the city of Liverpool, applied to Britain’s National Parliament for a local law to require all workplaces and enclosed public places to be smoke-free. Liverpool City Council decided to pursue a Private Bill in Parliament to obtain a Local Act of Parliament to bring about enforceable smoke-free legislation within the city. The City Council had, first, to vote formally in favour of pursuing the Local Act of Parliament to make Liverpool smoke-free. Establishing a cross-party consensus was a key aim and the vote in favour of pursuing a Local Act of Parliament was achieved with a substantial majority on 20 October 2004. In November 2004, the Local Authority’s Parliamentary Agent deposited the Liverpool City Council (Prohibition of Smoking in Places of Work) Bill with Parliament. Although Liverpool was working to progress city-wide legislation, its preferred objective was national legislation. Throughout 2005 and early 2006, Smoke-Free Liverpool, with support from political lobbyists, pursued an active, wide-ranging and innovative lobbying agenda to support the Liverpool Bill and to push for comprehensive legislation nationally. This, combined with pressure from other key cities (e.g. London), resulted in Parliament offering a free vote on the subject to all Members of Parliament (MPs) in February 2006. After a thorough debate within and outside Parliament, MPs voted overwhelmingly in favour of comprehensive smoke-free legislation and rejected the various compromises that would have allowed a series of exemptions for the hospitality sector. On 14 February 2006, Parliament voted in favour of national smoke-free legislation, and accepted Liverpool’s case for the need for smoke-free environments, and the 2006 Health Act, of which the smoke-free legislation was part, was passed. As this move to ensure nationwide comprehensive smoke-free legislation would achieve Liverpool’s smoke-free aims, the Liverpool Bill was not progressed further but was withdrawn when the Health Act gained Royal Assent. Thus, the United Kingdom introduced its own national smoke-free legislation, which took effect on 1 July 2007. One city’s efforts to become smoke-free made a difference to the whole country. Source: Ron Gould, Lead politician for Liverpool Smoke-Free campaign, former Lord Mayor of City of Liverpool 3.1 HOW SHOULD A CITY CHOOSE ACTION PRIORITIES? There are number of factors that can help city policy-makers decide how to prioritize their actions on second-hand smoke. The scenarios below provide some guidance. Scenario 1: there is a comprehensive and effective national law that prohibits smoking in all or almost all indoor workplaces, indoor public places and on public transportation. Action priorities 1.Promote compliance with the national law. In some cases, this might be achieved through cooperative enforcement action within the national jurisdiction. In all cases, smoke-free legislation can be promoted through communications campaigns – whether paid mass media, earned media through news conferences and public events, or through city publications. 2.Consider making some additional outdoor spaces smoke-free. If authority exists, there may be some outdoor spaces where restrictions on smoking make sense, for example, in outdoor stadia, or on crowded patios where workers are exposed to high levels of smoke. Priorities In addition, all cities can advocate for action at other governmental levels. Mayors and other city leaders can use their political influence to urge comprehensive smoke-free laws at state and national levels. for making smoke-free outdoor places should be based on evidence of exposure. In addition, the city should ensure that public support exists for such restrictions before implementing them. Scenario 2: there is limited or no national legislation prohibiting smoking in indoor workplaces, indoor public places, or on public transportation, and the city has wide scope to regulate these types of places. Action priorities 1.Adopt and implement comprehensive legislation prohibiting smoking in all indoor work- places, all indoor public places, and on public transportation where the city has jurisdiction to do so. 2.Advocate for other cities to pass similar legislation. Promote the city’s own success in implementing smoke-free legislation as a model for others to follow. 3.Advocate for comprehensive national legislation, consistent with WHO FCTC obligations. If the country is not a Party to the WHO FCTC, city leaders should promote ratification, along with advocating for national smoke-free legislation. Scenario 3: there is limited or no national legislation prohibiting smoking in indoor workplaces, indoor public places and on public transportation, and the city has little or no authority to regulate these types of places. Action priorities 1.Join with other cities from the same jurisdiction to advocate for comprehensive state/ provincial/ territorial and/or national level legislation, consistent with WHO FCTC obligations. If the country is not a Party to the WHO FCTC, promote ratification while advocating for national smoke-free legislation. 2.Adopt and implement comprehensive legislation that prohibits smoking in all indoor work- places, all indoor public places and on all public transportation, where the city has jurisdiction to do so. 3.2 WHERE SHOULD WE START AND HOW LONG WILL IT TAKE? Smoke-free legislation is not implemented in the same pattern in every city. Some cities take deliberate steps to build support for smoke-free legislation over a year or two before introducing a law. Many make mistakes, or start with weak legislation, and eventually amend laws and strengthen compliance over the course of decades. Still others have passed and implemented legislation very quickly and successfully as a result of strong political leadership. 4 Making cities smoke-free 5 For this reason, this guide focuses on “success elements” rather than on a step-by-step approach. Where to start? The only appropriate answer is to assess where you are. Have there already been public calls for smoke-free laws? Are there popular smoke-free cafes and restaurants in your city? Have other prominent businesses voluntarily become smoke-free? Do you have opinion leaders (media, business people, community leaders) that have already expressed support? Are city residents complaining about exposure to second-hand tobacco smoke? Your city may be ready to introduce legislation in a matter of weeks, and implement it within a matter of months. Or, your city may be nearer the other end of the scale. Is smoking highly prevalent in indoor workplaces and indoor public places? Are the medical profession and the public health community largely silent about second-hand tobacco smoke? Is it common for media to argue that smokers have a right to smoke wherever they want? Your city’s efforts to become smoke-free probably need to start with widespread education among opinion leaders in the media and the community. How long will it take? As quickly as you can make it happen. Even in cities where public aware- ness about the harm caused by second-hand smoke has been low, 100% smoke-free laws have been introduced and implemented in less than two years, for example in El Paso, Texas, USA.7 In 2010, it is much more realistic to implement smoke-free laws quickly because more evidence has been accumulated to refute tobacco industry claims. As this evidence is disseminated, it is easier for cities to counter these false claims and harder for opponents to delay the process. 4. KEY ELEMENTS FOR SUCCESSFUL IMPLEMENTATION While this guide targets city governments, the recipe for success in implementing comprehensive smoke-free legislation does not differ much in cities from national, state, provincial or territorial jurisdictions. The Guidelines for implementation of Article 8 of the WHO FCTC adopted by the Conference of the Parties to the WHO Framework Convention on Tobacco Control should be used as a basis for developing smoke-free legislation.6 These guidelines, complemented by the World Health Organization’s policy recommendations on protection from exposure to second-hand tobacco smoke, provide key evidence and best practices that are as relevant to cities as they are to countries.8 The key principles of protection outlined in Article 8 guidelines and the WHO policy recommen- dations are summarized below. 4. Key elements for successful implementation •Effective protection from exposure to tobacco smoke requires the total elimination of tobacco smoke. This means that only 100% smoke-free environments are adequate to protect people from the harmful impact of exposure. Separated indoor smoking areas, even if separately ventilated, are not an effective solution. •Effective protection can be achieved only through legal requirements, not through voluntary measures. Experience in Spain, the United Kingdom, and other jurisdictions shows that voluntary implementation of smoke-free environments results in extremely limited protection. Legislation must be passed and implemented to require all indoor workplaces and public places to be smoke-free. •Legislation should be universal in its coverage. It should protect all people in all indoor workplaces and public places. Exemptions result in inadequate and unequal protection, whether they are for certain types of workplaces or public places, or for certain categories of individuals. There are six major elements that lead to successful implementation of smoke-free laws. 1.Simple, clear, enforceable and comprehensive legislation. 2.Anticipation and countering of the opposition. 3.Good planning and adequate resources for implementation and enforcement. 4.Civil society involvement. 5.Outreach and communications. 6.Monitoring and evaluation of the implementation and impact of the law. Each of these elements is elaborated below. 4.1 SUCCESS ELEMENT 1: SIMPLE, CLEAR, ENFORCEABLE AND COMPREHENSIVE LEGISLATION The importance of good legislation cannot be overstated, but it is often underestimated. Many jurisdictions report problems with implementation of laws that do not adequately protect from second-hand smoke, diagnosing this as a problem of enforcement or compliance. In many cases, upon closer examination, the legislation is not written sufficiently clearly, or it explicitly permits smoking in some public places and workplaces. This is more a problem of inadequate legislation than a problem of compliance. With legislation that is comprehensive and clear, enforcement and compliance become immeasurably simpler. 6 Making cities smoke-free 7 The Article 8 guidelines emphasize that legislation should meet the criteria of “Simple, clear, enforceable and comprehensive legislation”6; it: – Prohibits smoking in any indoor or enclosed public place or workplace. There are no exceptions. No indoor smoking rooms or areas are allowed.* Places that would normally be considered public places and/or workplaces are listed in Annex 1, under Definitions, p 31. – Defines terms clearly but broadly, particularly the terms “smoking”, “indoor” or “enclosed”, “workplace” and “public place”. – Includes effective enforcement mechanisms such as: °assigning duty of responsibility to persons in charge of premises to ensure compliance with the law; °prohibiting ashtrays in places where smoking is prohibited; °identifying one or more specific enforcement authorities; °specifying the content, size and location of signage required in places where smoking is prohibited (Box 3); °defining a simple administrative process for violations, such as on-the-spot fines; °providing adequate inspection powers to enforcement authorities. The Article 8 guidelines provide detailed advice on effective smoke-free legislation. In addition, a model law containing these elements is provided in Annex 1.6 Annex 2 provides links to resource legislation. It is generally recommended that signs contain the universal “no smoking” symbol, since it is recognized and understood by most people regardless of language or literacy level. Some governments have also developed signs to promote the smoke-free concept in other ways (Figure 1). 4. Key elements for successful implementation * If it is politically feasible, smoking should also be prohibited in outdoor spaces near doors, windows and air intake systems. This increases the effectiveness of the indoor restrictions. Often, however, this step is taken later, once the public has become accustomed to the smoke-free law and sees the need for improvements. Box 3: Why are signs important? Specific requirements for non-smoking signs should be included in smoke-free legislation. Signs are important both for communications and enforcement reasons. Obviously, they communicate where smoking is not permitted. They also: • provide an easy reference for a manager or member of the public to ask a smoker not to smoke (“See, the sign says smoking is not allowed here by law.” Or “That law says I can get fined for not asking you to stop smoking.”); • can provide a telephone number for the public to call and report complaints; • provide a simple indication for inspectors as to whether or not a manager is encouraging compliance with the law; • help establish a smoke-free norm. 4.1.1 Legal basis for regulation Cities can regulate smoking through tobacco-specific legislation or regulation, or they can look to existing labour, occupational health and safety, human rights and environmental statutes, and other regulatory instruments to implement or enforce smoke-free rules. Regulation of smoking in public places and workplaces may be legally supported in a city by: – national, state, provincial or territorial legislation that delegates power to regulate smoking (or public health in general) to municipalities; – constitutional responsibility to protect public health and the environment; – its responsibility to protect the health of workers (occupational health and safety); – general public health and safety responsibilities; – human rights responsibilities. The means of regulation should be guided by what will most effectively protect health, as broadly as possible within given political constraints. The city of Chandigargh, India, is an example of how different existing types of legislation can be used to provide protection from second-hand smoke (Box 4). 8 Making cities smoke-free Figure 1: From Argentina, a variation on the traditional “no smoking” sign 9 Source: Municipality of Mina Clabero, Argentina. As discussed above, cities that lack adequate regulatory authority for prohibiting smoking indoors should still promote smoke-free legislation at other jurisdictional levels. 4.1.2 Effectively defining scope of legislation Broadly defining smoke-free places will ensure that most places are covered. Further clarifi- cation may be needed to avoid confusion and ensure that places not specifically listed are included (Figure 2). On the other hand, providing a list of the types of places that are required to be smoke-free inevitably risks leaving out some type of place. 9 4. Key elements for successful implementation Box 4: The case of Chandigargh, India 27 On 15 July 2007, the Chandigarh Administration was the first city in India to declare its smoke-free status and pioneer the implementation of the country’s tobacco control legislation. The Cigarettes and Other Tobacco Products Act (COTPA) 2003 sets out specific provisions to address smoking in public places. Its subsequent rules in 2004 and 2008 set out how the smoke-free provisions in the law should be applied. However, certain gaps in this legisla- tion combined with the lack of legal powers available to the Chandigarh Administration provided a challenge. As amending the legislation at the State level at that time was not an option, alternative solutions were pursued. Essentially, the provisions of other laws, which could be deployed alongside the tobacco control legislation, were identified and used to justify the wide scope of places that should be smoke-free in Chandigarh. In this way, the effect of the primary smoke-free legislation was enhanced without the need to formulate a new policy or a new law. A few examples are listed below. • In order to address the scope of the definition of “public place”, Section 278 of the Indian Penal Code was used alongside Section 4 of the tobacco legislation. Section 278 provided for penal action against anyone making the atmosphere noxious even in open spaces. So, open spaces where smoking was not restricted were limited to areas adjacent to footpaths along the road kerbs (not visited by the public in general) or open spaces in residential areas. • The initial absence of “workplaces” within the tobacco legislation led to the use of Section 278 of the Indian Penal Code. Advocacy and public relations activity was carried out to interpret the meaning of workplaces as a subset of public places. Eventually, this new definition was adopted in the 2008 regulations. To address the permission of smoking in hotels with more than 30 beds or restaurants with more than 30 seats, the enabling provisions of the Prevention of Food Adulteration Act were applied. Under the licensing conditions of the Act, it is mandatory to maintain good hygienic conditions and a healthy environment in hotels and restaurants. Strict enforcement of this provision was interpreted in a manner that left no scope for any restaurant to allow any tobacco smoke to escape from a smoking area to a non-smoking area. It was declared that any tobacco fumes reaching the non-smoking area would be considered a violation of the Act. As a result, most of the hotels and restaurants decided to become completely smoke-free instead of having a designated smoking area. A useful approach is to combine broad definitions with a non-exhaustive list of what types of places are included. This is the approach illustrated in the model law in Annex 1, and paraphrased below: – smoking is prohibited in all enclosed public places and workplaces; – a public place is defined as any place customarily accessible to the public or any place of collective use, which includes public transportation; – a workplace is defined as any place where one or more people work,whether for compensation or not; – a place is enclosed if it is covered by a roof, or if it has at least two walls; and – public places and workplaces include but are not limited to: °offices and all areas of office buildings, whether private or public; °health institutions, whether private or public; °educational institutions, whether private or public; °government buildings; °retail shops and shopping malls; °hospitality and catering facilities, including pubs, discotheques, restaurants, hotels and karaoke venues; °community and sports centres; °manufacturing or processing plants; and °all public areas in multiple unit dwellings, including lobbies, elevators and stairwells. 10 Making cities smoke-free Figure 2: The welcome sign to Frankfurt’s “smoke-free” airport is highly misleading, as evidenced by the smoking areas inside where Camel cigarettes sponsor the smoking zone 10 Source: Heather Selin 11 This approach should provide a sufficient combination of flexibility and specificity to broadly protect the population, and to further clarify designated smoke-free places by regulation if uncertainty continues after implementation of the law. 4.1.3 Designated indoor smoking rooms or areas: neither simple, nor comprehensive, nor enforceable (or protective) The term “smoke-free” has been used to describe non-smoking areas shared with smoking rooms (Frankfurt airport, for example).10 This works very well for the tobacco industry, which claims that these smoking rooms, if separately ventilated, will permit smokers to keep smoking, and protect non-smokers who do not enter them. But the scientific evidence from engineering and health expert organizations refutes these claims. The American Society of Heating, Refrigerating and Air Conditioning Engineers, the largest professional association of its kind in the world, concludes: “At present, the only means of effectively eliminating health risk associated with indoor exposure is to ban smoking activity.”11 The World Health Organization as well as the WHO FCTC and Article 8 Guidelines confirm that there is no known safe level of exposure to tobacco smoke, and that designated smoking rooms (DSRs) do not adequately protect from exposure. Designated smoking rooms create numerous practical problems: • smoke escapes from entrances to DSRs – in many instances, doors are propped open by smokers, who find the air in smoking rooms unpleasant; • even if one accepts the false argument that they keep smoke from infiltrating non-smoking areas, it is clear that they do not protect workers who have to enter the areas (e.g. cleaning and maintenance staff); • ventilation systems for DSRs are expensive to install and maintain, and often are not maintained to optimum standards; • DSRs favour larger businesses that can afford to install them – smaller businesses in many jurisdictions have argued that this creates an uneven playing field; • DSRs increase the enforcement burden – in addition to ensuring that no one is smoking in non-smoking areas, enforcement officers have to monitor the specifications and operation of DSRs; • once they are permitted and installed, it is much more difficult to revise legislation later to prohibit them – businesses will argue that their investment should be protected. Despite these problems, many jurisdictions have given in to pressure from the tobacco industry and have permitted separately designated smoking areas in their regulations. In best-case scenarios, where DSRs have been allowed, the rooms need to be approved and permitted by health authorities (Box 5). The expense of building these areas to the required specifications and the difficulty in obtaining approval from the authorities can reduce the number actually built. However, this process still creates extra work for health authorities in reviewing applications, and for enforcement authorities in inspecting DSRs once they are installed. 4. Key elements for successful implementation In worst-case scenarios, smoking rooms proliferate and greatly undermine effective protection for everyone. The bottom line There is no reason to allow DSRs. Avoid them. 12 Making cities smoke-free Box 5: Three cities’ experiences with designated smoking rooms Mexico City rejects DSRs In 2007, the Federal District of Mexico passed an amendment to its Law for the Protection of the Health of Non-smokers.The amendment strengthened the law, but still permitted designated smoking areas in certain types of public places. In the process of developing regulations under the law, it quickly became clear to Mexico City’s Secretary of Health, Manuel Mondragon, that smoking rooms would cause difficulty. Not only did Mondragon feel that the smoking rooms would be incompatible with the aim of protecting staff and customers from exposure to second-hand smoke, he was concerned that the law would require “an army of engineers” to check whether smoking areas were correctly constructed and operating as they should.12 As a result, there was sufficient political will to return the law to the local legislature, and pass an amendment eliminating the smoking rooms exemption. Mexico now has a comprehensive, best-practice law to protect the public and workers. Ironically, one of the complaints from the public is that smoke from outdoor restaurant patios is drifting indoors. This may help create pressure to strengthen the law by prohibiting smoking on patios, or within a specified distance of doors, windows and air intake openings. Victoria, Canada, DSRs will invite legal challenges The Capital Regional District (CRD) of Victoria, British Columbia, was the first municipality in Canada to pass a comprehensive law requiring almost all workplaces to be smoke-free. Its by-law (ordinance) came into force on 1 January 1999. But, as a pioneering city in smoke-free laws, the process was not simple. The CRD fought and won the familiar battle against bar and restaurant owners who wanted designated smoking rooms. A more unexpected battle was one with the Oak Bay Lodge, a nursing home that wanted an exemption granted to allow its residents to have an indoor smoking room, saying it was a “reasonable accommodation” under Canada’s Charter of Rights and Freedoms. The CRD’s lawyers disagreed. Their advice was that granting an exemption to the law for one class of institutions would invite legal challenges to grant those exemptions to all classes of institutions. “If one class of business (the operators of long-term care homes) gained an exemption under the Charter, why should another class of business equally likely to suffer not be entitled to the same changes?”13 In the end, the by-law did not grant this exemption. As one councillor put it, “We passed this bylaw with a philosophy based on public health. We are not trying to pick and choose among the groups to whom it will apply.”13 Makati City, Philippines, limits DSRs through cost barriers Makati City, the Philippines’ financial centre within Metropolitan Manila, has been one of the more successful municipalities in the Philippines in implementing a fairly comprehensive non-smoking law. However, the Makati City ordinance allows designated separate smoking areas in many public places. Establishments wishing to implement a DSR must apply for a permit. In order to limit the number of DSRs actu- ally established, the city government deliberately set high fees for these permits.14 Perhaps as a result, only 84 establishments in the city of about half a million people have set up DSRs.15 13 4.2 SUCCESS ELEMENT 2: ANTICIPATION AND COUNTERING OF THE OPPOSITION City leaders will encounter opposition early on in their efforts to adopt smoke-free legislation. Some of the opposition may be overt; much of it will happen behind closed doors with influential people. If smoke-free laws are so popular and successful, why discuss opposition in such detail? Although the vast majority of individuals and businesses support smoke-free laws, particularly when they know the rationale, there is one industry that is seriously harmed by smoke-free laws: the tobacco industry. Internally, tobacco companies have admitted that smoking restrictions in public places and work- places reduce tobacco use and, therefore, have an impact on their profits.16 Also, many independent studies have found that, not surprisingly, tobacco consumption decreases when smoke-free legislation is implemented.8 While tobacco companies are the primary opponents of smoke-free legislation, they will rarely show themselves openly as opponents. Tobacco companies do not usually have credibility among the citizenry, so they prefer to stay in the background. Typically, tobacco companies will find local organizations that have some public credibility, and support them to oppose smoke-free legislation. They may fund existing organizations or they may even create organizations in order to oppose smoking restrictions. They may encourage individual business owners to oppose the introduction of strong laws and to disobey them when they come into force, providing financial and technical support to bring legal challenges against the law. Endless tobacco industry arguments and tactics against smoke-free legislation have been documentedin numerous places. Only a few common arguments are addressed here. Readers are encouraged to consult these resources for more comprehensive information: –Global voices: rebutting the tobacco industry, winning smokefree air – 2009 status report. Global Smokefree Partnership, 2009 (http://www.globalsmokefree.com/gsp/index.php?section=artigo&id=109 ); –Policy recommendations on protection from exposure to second-hand tobacco smoke. Geneva, World Health Organization, 2007 (Appendix 4; http://www.who.int/tobacco/resources/ publications/wntd/2007/pol_recommendations/en/index.html ); –Are you smokefree yet?San Francisco, CA, Tobacco Scam web site, 2010 (http://www.tobaccoscam.ucsf.edu/). 4. Key elements for successful implementation 4.2.1 Front groups The industry may fund, or even create, opposition groups to argue their point. Usually, these groups are either hospitality business associations (for example, the XYZ Restaurant Association in XYZ City) or “experts” who argue about the science of second-hand smoke. The primary arguments that these groups make are: • the harm caused by exposure to second-hand smoke and disease is exaggerated; • separately ventilated areas for smokers will solve the problem; • smoking prohibitions will cause some sectors to lose business (30% business loss in the hospitality industry is a standard claim). What you can do? • Find out more about the organization: who are its members, how many are they, who funds them, are there any links with known tobacco industry front groups? • Raise awareness among the media that front groups are a common strategy used by the tobacco industry around the world to fight smoke-free legislation. • Recruit your own allies from the same sector (it is more difficult for the tobacco industry to recruit hospitality associations when business owners are aware of the facts and experience from elsewhere) and most business owners are supportive once they learn that implementation of smoke-free laws is feasible, and that there is no evidence of economic harm. • Present the facts on second-hand smoke and disease, ventilation, and economic impact to the media and to business owners (particularly the hospitality sector). • Bring business owners from successful smoke-free cities to speak to business owners in your city – many of these owners were originally sceptical of smoke-free legislation, but later came to support it – they will be credible voices. 4.2.2 Ventilation and “accommodation“, and attacking the science Front groups and other opponents will deny that second-hand smoke presents a significant problem, and will promote improved ventilation in shared smoking and non-smoking areas as an alternative to 100% smoke-free laws. Tobacco companies deny or downplay the risks of SHS exposure. They often use paid scientists 17 – international or local – to present their point of view, relying on biased industry-funded studies, or using outdated information. For example, the industry has promoted the fact that the validity of a US Environmental Protection Agency report concluding that exposure to tobacco smoke causes lung cancer in non-smokers was struck down by lower court, without mentioning that the report was ultimately upheld by the US Supreme Court. Philip Morris promotes its “Accommodation” programme among the hospitality industry worldwide to encourage shared smoking and non-smoking areas, which may be separately ventilated. Similar programmes exist under other names around the world, including the “Respecting Choices” programme of British American Tobacco.18 14 Making cities smoke-free 15 What you can do? • Recruit well-known local physicians and other public health professionals to present the evidence on the harm caused by exposure to second-hand smoke. The WHO and numerous national health and medical associations across the world accept this evidence. Key resources: -The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. Washington, DC, Office of the Surgeon General, 2006 (http://www.surgeongeneral.gov/library/secondhandsmoke/report/index.html); -Tobacco smoke and involuntary smoking: summary of data reported and evaluation. Lyon, International Agency for Research on Cancer, 2002 (IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, Vol. 83; http://monographs.iarc.fr/ENG/Monographs/vol83/volume83.pdf ). • Recruit local and international physicists and engineers to present the evidence showing that better ventilation, even in separately ventilated smoking areas, does not protect the health of non-smokers. Key resources: -Findings of technical feasibility study on smoking rooms. The People’s Republic of China, Hong Kong Special Administrative Region Legislative Council Panel on Health Services, 20 April 2009. (http://www.legco.gov.hk/yr08-09/english/panels/hs/papers/hs0420cb2-1324-5-e.pdf ); -Position document on environmental tobacco smoke, 30 June 2005. American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), Atlanta, GA, 2005 (http://www.ashrae.org/doclib/20058211239_347.pdf ); - Repace J. Controlling tobacco smoke pollution.IAQ Applications, 2005, 6:11–15 (http://www.repace.com/pdf/iaqashrae.pdf ). • Carry out an air quality monitoring study to measure particulate matter (a marker for tobacco smoke) in non-smoking areas that are shared with smoking areas (even if separately ventilated). Key resources: –Learn how to conduct secondhand smoke exposure studies. Buffalo, NY, Tobacco Free Air, 2010 (http://www.tobaccofreeair.org/); –Air monitoring. Secondhand smoke monitoring. Baltimore MD, John Hopkins University, 2010 (http://www.shsmonitoring.org/methods/air/). • Highlight the enforcement challenges that ventilated smoking rooms and shared smoking areas have caused in other jurisdictions. See the Section 4.1.3 on designated smoking rooms. 4.2.3 Economic arguments The tobacco industry and its front groups argue that smoke-free legislation results in economic harm, particularly in the hospitality or catering sector (bars, restaurants, hotels, discotheques, karaoke venues, etc.). A typical argument is that smoking bans will cost the hospitality industry 30% of its business. The 30% claim was created out of thin air, and has never been documented in any smoke-free jurisdiction. In fact, all objective studies (i.e. those that look at representative sales, tax or employment data) show that smoke-free legislation has a neutral or positive impact on business. 4. Key elements for successful implementation What you can do? • Highlight the data showing that smoke-free legislation IS NOT correlated with economic loss. There is data from many jurisdictions. Pick the data most relevant to your city, or compile them from many jurisdictions in graphic form to show that the economic data comes from a wide variety of places. Key resources: – Scollo M et al. Review of the quality of studies on the economic effects of smoke-free policies on the hospitality industry. Tobacco Control, 2003, 12:13–20 (www.goingsmokefree.org/tools/downloads/reports/economic_impact.pdf ); – Impact of a smoking ban on restaurant and bar revenues – El Paso, Texas, 2002. MMWR Weekly, 2004, 53:150–152 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5307a2.htm); –Smoke-free workplaces in Ireland: a one-year review. Naas, Ireland, Office of Tobacco Control, 2005:10 (http://www.otc.ie/article.asp?article=271); –Ley de Protección a la Salud de los No Fumadores [Law on the Protection of Health of Non-smokers] Distrito Federal, México, Secretaria de Salud del Distrito Federal, México DF, 2004 (http://www.salud.df.gob.mx/ssdf/index.php?option=com_content&task=view&id=157&Ite mid=270 ); –The smoke is clearing: anniversary report 2005. Initial data on the impact of the Smoke-free Environments law change since 10 December 2004. Wellington, Ministry of Health, 2005:10 (http://www.moh.govt.nz/moh.nsf/wpg_index/Publications-Smoke+is+Clearing: +Anniversary+Report+2005 ); –Smoke-free Europe makes economic sense; a report on the economic aspects of smoke-free policies. Brussels, Smokefree Partnership, 2005 (http://www.smokefreepartnership.eu/Smoke-free-Europe-makes-economic_sense.pdf). • Invite business owners from smoke-free jurisdictions to speak to community and opinion leaders in your community (see above). 4.2.4 Legal challenges (or threats of legal challenges) Tobacco companies or their front groups almost always threaten to challenge effective smoke-free legislation in the courts. In many cases, they actually do challenge the legislation. Some of the common legal arguments are: – discrimination against smokers; – undue (faulty) process; – lack of constitutional or legal authority for the municipality to regulate. 16 Making cities smoke-free 17 4. Key elements for successful implementation Almost all cases brought by the industry against smoke-free legislation have failed.19,20,21,22,23 Those that have succeeded tend to focus on procedural issues, such as lack of adequate consultation or improper legal process in adoption and implementation of the law, and not the rationale or science behind the law. What you can do? • Ensure your city’s legal counsel have been well briefed on potential relevant legal issues specific to your country and city. Do not hesitate to retain outside counsel if needed to support the city’s staff lawyers. • Make sure your legislation is based on recognized health evidence, such as the evidence that exposure to second-hand smoke causes serious harm to non-smokers, and the evidence that separately ventilated smoking rooms do not adequately protect non-smokers. • Ensure that your legislation goes through the legally required consultation processes, whether this includes legislative hearings, a written public consultation period, or public consultation meetings. Consistent with WHO FCTC requirements to minimize tobacco industry interference with tobacco control, do not meet privately with the tobacco industry. The industry, like other members of the public, can express its concerns in public forums. • Highlight the many jurisdictions where legal challenges have been brought and have failed. These include several local jurisdictions in Canada and the USA, and in Mexico City.19,24 4.3 SUCCESS ELEMENT 3: GOOD PLANNING AND ADEQUATE RESOURCES TO MAXIMIZE COMPLIANCE WITH THE LAW A popular misconception about smoke-free legislation is that strong enforcement is the only determinant of compliance. In fact, three key factors contribute to high compliance: good legislation (Section 4.1); a good enforcement strategy (Section 4.3.1); and a good commu- nications and outreach strategy (Section 4.5). With these three strategies, the law will quickly become self-enforcing because members of the public will demand it, and smokers and business owners will see advantages in complying with it. The implementation of all of these elements needs to be coordinated and planned early on (Box 6). As an important early step, the city should set up an implementation team or task force comprised of key members of government agencies and civil society in order to develop and coordinate an implementation strategy that will ensure acceptance of and compliance with strong legislation. Such a task force ensures that important allies and potential allies are brought into the process early. 18 Making cities smoke-free Box 6: Mecca and Medina: unique rationale, familiar implementation strategies On 31 May 2001, the late King Fahd of Saudi Arabia announced, through a royal decree, that the holy cities of Mecca and Medina would be smoke-free. The rationale for the decision and the messages disseminated to support it were based on the religious tenets of Islam, specifically, statements in the Quran and in the teachings of the prophet Mohammed to avoid any behaviour that harm one’s health or property. The Main Committee for Awareness of Smoking Hazards in the Holy City of Makkah This decision had the potential to influence a population far beyond the boundaries of the cities: as major pilgrimage destinations for Muslims, the cities attract six to eight million visitors each year. Despite the unique justification for the policy relative to many other jurisdictions, the actions taken to implement it followed the successful strategies of other smoke-free jurisdictions: coordination between government and civil society; an information and communications strategy; and an implementation and enforcement plan. Following the royal decree, the mayors in both cities set up an official committee, the High Committee for Tobacco Prevention, to carry out the necessary steps for implementation of the policy. The committee member- ship was assigned through an official decree of the governor of Mecca and included municipal representatives, health, education and cultural organizations, Hajj affairs, Holy mosque maintenance affairs, Umm AL-Qora University and the chamber of commerce. Among the implementation actions undertaken was the gradual transfer of tobacco sales outlets and waterpipe cafes outside the city limits. This very practical step made it much more likely that people would comply with the prohibition on smoking within the areas around the holy mosques. These measures were complemented by a widespread communications campaign that was stepped up in the pilgrimage season (Hajj) and during the holy month of Ramadan. Another unique aspect of the Mecca and Medina ruling is that it was very difficult for those marketing and selling tobacco to argue against it. Because of the religious rulings against tobacco, and the widespread acceptance of the initiative by citizens and pilgrims, any tobacco company or retailer speaking against the ruling would damage their reputation and their business. Figure 3: Billboards and other promotional material in Mecca and Medina 46 Source: Mostafa K. Moahmed 19 4.3.1 Enforcement strategy While smoke-free laws, with appropriate preparation and communication in advance of imple- mentation, usually become self-enforcing, an enforcement strategy is still needed to implement the law to deter potential violators. A good strategy will enable successful enforcement with minimal resources (Box 7). The strategy should: • identify the most logical agency or agencies to enforce the law – often, the most appropriate agency is one with inspectors that regularly enter places of business as part of their other enforcement duties (e.g. food safety inspectors, environmental health officers); • develop a clear enforcement protocol, placing responsibility for compliance on owners and managers rather than on individual smokers, and focusing inspections on premises thought to be at most risk of non-compliance (for example, a certain category of business or geographical area); • assign adequate resources to train inspectors and ensure an adequate number of inspectors to enforce the law, particularly in the early stages of implementation. The Global Smoke-Free Partnership (GSP) has published a detailed guide to enforcement, containing guidelines and specific examples from a variety of jurisdictions. 25 Cities could use this as a primary reference when planning enforcement strategies. 4. Key elements for successful implementation Box 7: Scotland’s enforcement protocol 26 Scotland developed a detailed enforcement strategy and protocol to implement the Smoking, Health and Social Care (Scotland) Act 2005. The protocol was developed and agreed upon by six agencies responsible for overseeing enforcement of the law: the Royal Environmental Health Institute of Scotland, the Society of Chief Officers of Environmental Health in Scotland, the Convention of Scottish Local Authorities, the Crown Office and Procurator Fiscal Services, the Association of Chief Police Officers in Scotland, and the Scottish Executive Health Department. The protocol identifies an initial focus for inspection on places: • that are open to substantive numbers of people; • where there is an absence of pre-existing self-imposed smoking controls; • where enforcement officers do not usually visit as part of their routine inspections under other legislation. The protocol anticipates an evolution to a risk-based inspection programme that would consider confidence in management, history of compliance with the requirements, and the number of complaints received from the Compliance Phone Line. Although Scotland’s legislation has sufficient penalties to encourage compliance, the protocol emphasizes education before penalties: Enforcement officers will work closely with businesses, building compliance with legislation through education, advice and presentation. Enforcement action is taken forward only when the seriousness of the situation warrants it. The approach to enforcement is non-confrontational focused on raising awareness and understanding to ensure compliance. Any enforcement action undertaken must be fair, proportional and consistent. 4.4 SUCCESS ELEMENT 4: CIVIL SOCIETY INVOLVEMENT Civil society support is almost always a major factor in passing and implementing a successful smoke-free law. In the best-case scenario, a local government is committed to passing and implementing an effective smoke-free law, and enlists civil society organizations as partners to help promote and implement the law (Box 8). 20 Making cities smoke-free Box 8: Chandigarh civil society action leads to implementation and partnership with local government 27 When politics trump public health, jurisdictions may end up with a law that is neither simple nor enforceable, nor comprehensive. But Chandigarh, India, has shown that even a weak law can lead to a smoke-free outcome if civil society is engaged, and creative strategies are used. In 2003, the Government of India passed the Cigarettes and Other Tobacco Products Act (COTPA), which, among other things, addressed the issue of smoking in public places. While the Act prohibited smoking in many public places, it permitted hotels with more than 30 bedrooms, airports, and restaurants with seating areas for more than 30 people to designate smoking areas within their premises. The Burning Brain Society (BBS), a civil society organization in Chandigarh, was concerned that the federal law permitted indoor smoking areas in many public places. It was also concerned about the very visible and close connections between tobacco companies and leaders of local government agencies that should have been enforcing the federal law in Chandigarh, but were not. In order to address the enforcement problem, BBS made use of the Right to Information Act, passed in 2005, to file hundreds of Right to Information (RTI) applications with government offices in Chandigarh asking about enforcement actions under COTPA. Government offices are required to respond to RTI requests within 30 days. This compelled them to quickly examine the legislation and the enforcement actions that were (or were not) being taken, resulting in greater awareness of their enforcement responsibilities. A court ruling in response to a civil writ petition filed in 2005 also reinforced the obligation of local governments to fully implement the tobacco control legislation in letter and spirit. The legal actions and confrontation between civil society and the government now gave way in favour of a productive partnership. Senior members of the Chandigarh administration met BBS and asked the non- governmental organization (NGO) to prepare a road map for Chandigarh to become a smoke-free city, while the Chandigarh police began to enforce the law. Even with proper enforcement of the federal law, there remained two fundamental weaknesses: smoking areas were permitted in restaurants, hotels and airports, and penalties for violations of the law were too low to act as a deterrent. As a way to overcome these weaknesses, the BBS identified a number of other federal laws that could make the elimination of such smoking areas a reality. Two laws in particular lent themselves to closing the loopholes. The Prevention of Food Adulteration Act contains licensing conditions that require hotels and restaurants to maintain good hygienic conditions and a healthy environment. The enforcement authorities in Chandigarh interpreted this provision to mean that any tobacco fumes in a non-smoking area would be considered a violation. The BBS developed a low-cost air-monitoring tool to estimate compliance. As a result, most hotels and restaurants decided to become completely smoke-free rather than incorporating a designated smoking area. The risk of losing their licences was enough to convince them to comply. Also, to encourage compliance in government establishments, it was determined that officials of government institutions could be prosecuted under conditions of service rules, the consequences of which were much more serious than the COTPA penalties. By publicizing this fact, deterrence was achieved. 21 In situations where local government does not have the will or support to initiate the passage of an effective law, civil society can help build a more favourable public and political environment by engaging local government and prompting the introduction and implementation of a smoke-free law. Civil society organizations can play a number of critical roles in building support for smoke-free legislation. •Building political will.Civil society often has more freedom than government to communicate with political leaders to promote an effective law. Often, it also has more credibility. A broad coalition of civil society should be able to effectively build support across political parties. •Educating the public and opinion leaders, and countering opposition.Civil society frequently has good experience and contacts with the media. It can independently promote messages in support of the government’s efforts to pass a strong law. The same message coming from government and echoed repeatedly by several civil society organizations is hard to ignore. Civil society can also usually react more quickly to events, which is critical in countering tobacco industry opposition. Civil society actions help counter-balance the influence of the tobacco industry and its allied opponents to smoke-free laws. •Monitoring and assisting with enforcement.Through their membership and volunteers, civil society organizations can be a good source of intelligence on violations of the law for the government. They can also help promote compliance with the law by visiting businesses and other employers, in coordination with enforcement officers, to educate managers about their responsibilities under the law. Civil society organizations, such as academic institutions, can help carry out monitoring studies to evaluate the success and impact of the law. Organizations that are natural allies in promoting smoke-free legislation include: – groups of medical professionals, such as physicians, nurses, dentists and pharmacists; – health charities, such as cancer societies, heart foundations and lung associations; – environmental groups concerned about air quality; – trade unions and other workers organizations (although some of these organizations may initially resist legislation); – parent and teacher associations; – religious organizations; – civic organizations. 4. Key elements for successful implementation 22 Making cities smoke-free 4.5 SUCCESS ELEMENT 5: OUTREACH AND COMMUNICATIONS Outreach and communications are necessary to build support for smoke-free laws. While the public is generally supportive, a much larger proportion becomes strongly supportive with a communications strategy. The messages, audiences and means of communication will vary depending upon the situation, and will vary throughout the course of a campaign to introduce and implement a law. A communications strategy needs to be developed to ensure that the most effective messages are delivered at the appropriate time, through the most effective means, to the people that need to be reached. The Global Smokefree Partnership sums up the most common key public education objectives prior to and after implementation as: • increasing public understanding of the need for the new law and of the health and business benefits it provides; • raising awareness of the new law – where it applies, what is required, the date it takes effect and penalties for non-compliance; • encouraging businesses to plan ahead and providing them with guidance; • encouraging smokers to comply with the law; • building the expectation that the law will be enforced; • communicating ways for the public to help enforce the law; • promoting “quit smoking” campaigns in coordination with implementation; • demonstrating that the law is working and is popular by using surveys, air quality monitor- ing studies and other methods; and • countering the influence of those opposing the law. 25 In addition to these objectives, prior to the introduction of legislation there may be a need to convince political leaders and the public of the relevance of introducing and passing legislation to protect workers and the public from exposure to second-hand smoke (Box 9). 23 4. Key elements for successful implementation Box 9: Canada: a personal message from a worker 28,29 Comprehensive smoke-free laws usually gain much more widespread acceptance when they focus on the protection of workers. Tobacco companies routinely argue that smoking areas are needed in public places to accommodate smokers. But almost all – if not all – indoor public places are also workplaces. Surveys in various countries have shown that the vast majority of people agree that, “all workers deserve to work in a safe, healthy environment, free from tobacco smoke.” The message of bars and restaurants as workplaces was broadcast loud and clear across Canada with the story of Heather Crowe, a non-smoking waitress dying of lung cancer due to years of exposure to tobacco smoke in her workplace: restaurants and bars. When Heather was diagnosed with lung cancer in 2002, she called a civil society organization, Physicians for a Smoke-Free Canada (PSC), and said that she wanted to tell her story. This single telephone call led to a national mass media campaign by Health Canada, the federal health department, which highlighted Heather’s story to promote smoke-free laws across the country. The media spots were complemented by Ms Crowe’s visits to mayors and other political leaders across the country, coordinated by PSC and supported by dozens of other NGOs and local governments. In Canada, primary authority to regulate smoking in public places and workplaces is delegated to municipal, provincial and territorial levels. Heather’s story and experience brought together governments, civil society, the media and the public in support of smoke-free laws at municipal and provincial levels. When Heather was diagnosed with lung cancer, only 5% of Canada’s workers were covered by laws protecting them from second-hand smoke. When she died in May 2006, 80% of Canada’s workers were protected. One story, widely disseminated, made a huge difference. See a video of Heather’s story and campaign (in English or French) at: http://www.smoke-free.ca/heathercrowe/film.htm Source: 2 nd hand smoke can kill you. Just ask Heather. Reproduced with the permission of the Minister of Health, 2003 Figure 4: Heather Crowe. Died of lung cancer from second-hand smoke in the workplace in 2006, age 61. 24 Making cities smoke-free 4.5.1 Outreach to media, the public and political leaders There are many ways to broadcast your message, as the experiences discussed here show. As many as possible should be used. However, two main types of communication have the most impact among the key targets of political leaders, media and the public, and should be prioritized. 4.5.1.1 Paid mass media campaigns.Professionally developed media campaigns with paid broadcasting time and space are often the most effective way to reach the public and have the most impact. Paid campaigns allow complete control over the message, and when and where the public will see or hear the message. While mass media campaigns require resources, they are extremely cost-effective in terms of the impact achieved (Figures 5 and 6). The World Lung Foundation provides an on-line resource for developing mass media campaigns to promote smoke-free environments.30 4.5.1.2 Earned media.Earned media, or news stories generated through press releases, press conferences, interviews and events, is a highly effective and inexpensive way to reach political leaders as well as the public. A front-page story in the city’s largest newspaper, or an editorial supporting a smoke-free law, can have a big impact (Box 10). Figure 5: Ireland’s mass media campaign highlighted protection of workers, through the “Smoke-free works” campaign.31 “By law, bars, restaurants and other workplaces must now be smoke-free. Why? Because second-hand smoke causes serious and fatal diseases. So, even if you’re not working, remember I am. And he is, too. Smoke-free works. Smoke-free, by law” 47 Source: Office of Tobacco Control, Ireland. 25 4. Key elements for successful implementation Figure 6: Posters promoting the implementation of smoke-free laws in bars and restaurants in Mexico City, Mexico (left) and in Uruguay (right) 49 Source: World Lung Foundation Box 10: Rosario, Santa Fe, Argentina: citizen’s action supports smoke-free legislation and makes the news In March 2004, a law was proposed in the legislature of the Province of Santa Fe, Argentina, to prohibit smoking in all enclosed public places and workplaces, without exceptions. In June 2004, a 10-year old asthmatic boy, Kevin Stralla, gave a boost to the proposal. Stralla boarded a public bus and refused to pay for his trip until the driver stopped smoking a cigarette inside the bus, which was prohibited by a 1985 municipal ordinance. The driver threatened to take the boy to a police station if he did not pay, but the boy insisted on not paying until the bus driver put out the cigarette. Finally, the boy was taken to the police who made him pay the bus fare and told the driver to take him to school. After returning home, the boy and his mother denounced the incident and the bus company suspended the driver. This incident attracted local and national media attention, and soon the boy became a champion of non-smokers’ rights in Rosario, the capital city of the province. Earned media can be generated in many ways: • stories of other jurisdictions successfully implementing smoke-free laws; • testimonials from business owners and prominent personalities who support the law; • testimonials from spokespeople affected by second-hand smoke, particularly workers; • public events with good visual opportunities for the media; • stories about tobacco industry interference with the political process; • release of research reports, public opinion polls and other monitoring information. Several guidelines on how to use earned media to promote smoke-free laws are available.34,35 Many of the case studies listed in the resources section also provide examples of how earned media has been used to promote smoke-free legislation. 4.5.2 Outreach to businesses and employers Employers and businesses are key allies in ensuring compliance with the law. No jurisdiction in the world has the resources to send inspectors to regularly check compliance in every regulated establishment. For employers and businesses to be able to fulfil their duties of ensuring compliance, specialized information and outreach is needed. Many jurisdictions have developed guidelines directed specifically at employers in different sectors. These range from more detailed brochures high- lighting procedures for management to take, to one-page guidelines for staff dealing with smoking in smoke-free places (Figure 7). These materials can be made available online, mailed to businesses, or distributed through business associations and NGOs Meetings with leading sector organizations, such as government agency managers, trade unions or associations, chambers of commerce and hospitality industry associations are also useful to ensure leadership from these sectors in promoting implementation of the law. Local health authorities can organize these meetings, with the participation of appropriate enforcement agency representatives and/or civil society organizations. 4.5.3 Political champions as messengers Few jurisdictions have successfully passed strong smoke-free legislation without firm support from key political “champions”: high-level, visible politicians who are willing to fight for the law throughout the legislative process and to promote it in the media (Figure 8). 26 Making cities smoke-free Figure 7: Guidance brochures and posters for businesses and their staff produced in (from left to right) Hong Kong SAR, Ireland and Scotland. The Scottish brochure is available in nine languages. 36,37,38 Sources: China, Hong Kong Special Administrative Region. Department of Health. Tobacco Control Office. (left) Office of Tobacco Control, Ireland (centre), Healthier Scotland (right) 27 4. Key elements for successful implementation Box 11: Uruguay campaign “Un Millón de Gracias” (“Thanks a Million”) 39 In March 2006, Uruguay was the first country in the Americas to implement a comprehensive smoke-free law. In the month prior to the decree coming into force, the Ministry of Health undertook to collect one million signatures to thank the one million smokers in Uruguay who would step outside to smoke when the decree entered into force. Literally, “Thanks a million” (Figure 8). This was an ambitious undertaking in a country with only 3.5 million people. In just a few weeks, 1.1 million signatures were collected. Here’s how they did it: • the President of Uruguay, Tabaré Vázquez, personally launched the campaign through a national video conference attended by dignitaries and celebrities from the worlds of art, sports, journalism and politics, which ensured wide news coverage and high visibility; • people could sign “thank you” cards on the Internet or call a toll-free telephone number; • advertisements promoting the campaign were placed on taxi cabs; • moving billboards promoted the final outcome of the campaign. In addition to building support among smokers for the decree and encouraging compliance, the campaign gave a positive image: the decree was not taking something away from the public, but giving the public clean air. Smokers were, essentially, being thanked for helping to provide that clean air. While this was a national campaign in Uruguay, it lends itself particularly well to a local setting, providing a unique way to involve individuals in promoting the law. Political champions are well-known figures in the community that have the power to influence policy and to attract the attention of the media. They play a key role in building political support for smoke-free policies among legislators, promoting the law among the public, and defending the law against critics (Box 11). Political champions should be considered an integral component of any communications strategy. Figure 8: Prominent political champions of smoke-free legislation in their respective jurisdictions (from left to right): Manual Mondragon,former Secretary of Health of Mexico City; Tabaré Vazquez, Former President of Uruguay. 48 Source: Manuel Mondraón Presidencia de la República Oriental del Uruguay 4.6 SUCCESS ELEMENT 6: MONITORING AND EVALUATION OF IMPLEMENTATION AND IMPACT OF THE LAW While smoke-free laws are generally popular with the public, the tobacco industry will not stop fighting the law after it has been implemented. Through court challenges, media campaigns and lobbying, the industry will do its best to convince people that the law is not working, is unpopular, and/or is having a negative economic impact and needs to be weakened or repealed. The best defence against these tactics is to objectively demonstrate that none of these claims is true, and produce evidence that the law is working as intended and having a positive impact on health. 4.6.1 Types of monitoring tools There are many monitoring tools available to determine the success and impact of the imple- mentation of the law. The most important for countering opponents’ attempts to weaken the law are outlined below. –Public opinion surveys showing the level of popular support for the legislation. Numerous jurisdictions have shown that public support for the law is high before it is passed, and that support increases after the law is implemented. In jurisdictions that have properly prepared for and implemented smoke-free laws, support is generally higher than 80%. As an example, the 2009 Eurobarometer poll showed that 84% of European Union citizens support indoor smoke-free workplaces in offices and similar workplaces, 79% support smoke-free restaurants, and 65% support smoke-free bars, pubs and clubs.40 28 Making cities smoke-free 29 4. Key elements for successful implementation Question Response options How harmful do you believe it is for non-smokers to be exposed to other people’s tobacco smoke? Very harmful, Somewhat harmful, Slightly harmful, Not harmful at all, Don’t know How much do you agree or disagree with this statement: all employees have the right to work in an environment free of tobacco smoke. Agree very much, Agree, Disagree, Disagree very much, Don’t know How much do you agree or disagree with this statement: the rights of children are violated when adults smoke at home in their presence? Are you aware that in Uruguay, since March of this year, there is a decree that requires all enclosed public places and private and public workplaces (including hospitals, schools, shopping centres, businesses, bars, restaurants, casinos) to be totally smoke-free? Yes, No Independently of your impressions of compliance with this decree, do you agree or disagree with the decree? Agree, Neither agree nor disagree, Disagree, Don’t know From what you know or have been able to observe, do you believe that the law is being complied with? Completely complied with, Mostly complied with but with exceptions, Some compliance, No or almost no compliance, Don’t know In your personal case, would you say that, since the prohibition on smoking in public places came into force, do you go out more than before to restaurants, bars and discos, do you go out about the same amount as before, or do you go out less than before? More than before, Same as before, Less than before, Don’t know Independently of whether you go out more, the same, or less than before, when you go to these places where smoking is now prohibited, would you say that you feel better, the same, or worse than when smoking was allowed? Feel better, Feel the same as before, Feel worse, Don’t know Since the decree entered into force, would you say that you continue to smoke the same amount as before, a little less, a lot less, or more? (Question asked only of smokers.) Smoke the same amount as before, Smoke a little less, Smoke a lot less, Smoke more, Don’t know Sample polling questions and response options from a Mori poll conducted in Uruguay in 2006,41 a few months following the entry into force of that country’s smoke-free decree, are listed in Table 1. Table 1: Sample polling questions and response options from a Mori poll, Uruguay, 2006 40 Key resources –Economic studies showing that the law has not had a negative impact on businesses.The primary argument from opponents after implementation of the law will be that it harmed businesses,particularly those in the hospitality or catering sector (hotels, restaurants, pubs, karaoke venues, discotheques and dance clubs). It is important to be able to counteract this claim with objective data from your municipality. A local academic institution should be contracted to examine relevantfactors, such as sales, tax and employment data. For evidence and more guidance on this type of study: Smokefree and hospitality. Carlton, Vic, VicHealth Centre for Tobacco Control (Australia), 2010 (http://www.vctc.org.au/browse.asp?ContainerID=smokefree); Smoke-free Europe makes economic sense. Brussels, Smokefree Partnership (Europe), 2010 (http://www.smokefreepartnership.eu/Smoke-free-Europe-makes-economic); Smokefree laws help the economy and do not harm restaurants and bars. Global Smokefree Partnership (international partnership), 2006 (http://www.tobaccofreecenter.org/files/pdfs/en/SF_help_economy_en.pdf ); Economic impact of smoke-free legislation on the hospitality industry. Ottawa, ON, Health Canada, 2005 (http://www.hc-sc.gc.ca/hc-ps/pubs/tobac-tabac/2005-hospitalit/overview-vue-eng.php). –Compliance statistics. Prior to implementation of the law, agreement should to be made with enforcement agencies on a system of collecting data about compliance. Coordinate with enforcement agencies to publicize compliance data. This data, presented to the media in a simple format, can counteract claims that the law is not working or being obeyed (Figure 9). Ireland’s one-year compliance report provides a good model.42 30 Making cities smoke-free * New York City, USA, the first measure was taken a few months after implementation and the second one year after implementation. Support for the law increased in this time period. All other “before” figures are from surveys conducted before implementation of the smoke-free law. 0 20 40 60 80 100 67 93 Before implementation 70 62 75 61 7175 After implementation Ireland New York City* New Zealand Mexico City Figure 9: Public support for smoke-free laws pre- and post-implementation (after about one year) in Ireland, New Zealand (data reflects support for smoke-free bars only) and New York City (United States of America) 43,44,45 31 –Level of particulate matter pre- and post-implementation in places covered by the law. Many jurisdictions have measured particulate matter from tobacco smoke in settings before implementation of the law to identify the location of the highest levels. This can be followed up by post-implementation measurements showing the drop in particulate matter to lower, healthier levels. Several academic institutions have experience in conducting these studies and can assist with monitoring tools and protocols. The following web sites provide research protocols and other guidance: Conduct a study. Baltimore, MD, Secondhand smoke monitoring, (http://www.shsmonitoring.org/); Learn how to conduct secondhand smoke exposure studies. Buffalo, NY, Tobacco Free Air, 2010 (http://www.tobaccofreeair.org/). –Indicators of worker health. In order to assess the impact of the law on the health of workers, measurements of reported health symptoms and of tobacco smoke biomarkers such as blood cotinine levels can be taken pre- and post-implementation. Guidance on this type of research can also be found at the Secondhand Smoke Monitoring web site (http://www.shsmonitoring.org/). Another measure is the number of emergency admissions to hospital for acute cardiovascular problems such as heart attacks. The following jurisdictions have measured this: Italy Cesaroni G et al. Effect of the Italian smoking ban on population rates of acute coronary events. Circulation, 11 February 2008 (http://circ.ahajournals.org/cgi/content/abstract/ CIRCULATIONAHA.107.729889v1?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&full- text=Forastiere&searchid=1&FIRSTINDEX=0&resourcetype=HWCIT ); United Kingdom, Scotland Pell JP et al. Smoke-free legislation and hospitalizations for acute coronary syndrome. New England Journal of Medicine, 2008, 359:428–491 (http://www.nejm.org/doi/full/10.1056/NEJMsa0706740 ); USA, Helena, Montana Sargent RP, Shepard RM, Glantz SA. Reduced incidence of admissions for myocardial infarction associated with public smoking ban: before and after study. BMJ, 2004, 328:977. (http://www.bmj.com/content/328/7446/977.abstract?maxtoshow=&HITS=10&hits=10&RESULT- FORMAT=&author1=Glantz&fulltext=Helena&andorexactfulltext=and&searchid=1087350127291 _557&stored_search=&FIRSTINDEX=0&sortspec=relevance&resourcetype=1); USA, Pueblo, Colorado Bartecchi C et al. Reduction in the incidence of acute myocardial infarction associated with a citywide smoking ordinance. Circulation, 2006, 114:1490–1496 (http://circ.ahajournals.org/cgi/content/full/114/14/1490 ). 4. Key elements for successful implementation 4.6.2 Getting the message out: the law works and is popular As discussed in Section 4.5, communications and outreach should not end after the law has been implemented. Monitoring and evaluation results should be promoted widely to decision- makers and in the media to demonstrate the law’s popularity and impact. One common approach to promoting evaluation results is an anniversary report issued a year following the date that the law came into force. England, Ireland, New Zealand and Scotland all issued one-year anniversary reports that received widespread media coverage, and served to reinforce the message that the laws were working and having the intended impact. – Ireland - Office of Tobacco Control. Smoke-Free Workplaces in Ireland. A One-Year Review (http://www.otc.ie/Uploads/1_Year_Report_FA.pdf) – New Zealand - Ministry of Health. 2005. The Smoke is Clearing: Anniversary Report 2005 Wellington: Ministry of Health (http://www.moh.govt.nz/moh.nsf/pagesmh/3388?Open) – United Kingdom °England - Department of Health. Smokefree England – one year on (http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/ digitalasset/dh_085882.pdf) °Scotland - Ash Scotland 2007. Smoke-free success: ASH Scotland presents the Scottish experience (http://www.ashscotland.org.uk/ash/files/Smokefreesuccess07.pdf ) Of course, there is no need to wait a year to report good results. Cities should actively promote positive results as they obtain the data, through news releases or public events. However, caution should be taken in releasing some types of research too early. For example, it is advisable to obtain six months to one year of economic data in order to compare it with previous years. A full year of data will take into account all seasons, and will show trends above and beyond any short-term factors that may have caused a brief decline or increase in sales. However, preliminary findings can be released earlier to the media if necessary to counter opponents’ claims. Learn the lessons by listening and talking Case studies and stories on paper can certainly help guide a community. But there is no substitute for hearing and observing the story directly. One of the most useful exercises for a city considering becoming smoke-free is to visit a community that has done it successfully. Listening to people talk about their experiences can help to avoid mistakes, and will give you a chance to ask specific questions about applying their experience to your own city. 32 Making cities smoke-free 5. TWELVE STEPS TO A SMOKE-FREE CITY 33 Many jurisdictions considering smoke-free legislation have visited Ireland, Scotland, Uruguay, the USA (California and New York City) and other smoke-free places to get ideas, and have cited these visits as a critical part of their planning process. WHO offices and other international health organizations can help with setting up such visits. In Box 12, the lessons learned are condensed into “Twelve steps”, many of which will occur in a different order than listed, or will occur simultaneously, but they do provide a general idea of what needs to happen to make your city smoke-free. Box 12: “Twelve steps” 1. Set up a planning and implementation committee chaired by the local health authority. Include leading civil society organizations (these could be health, consumer, educational, environmental, and religious or civic associations), relevant enforcement authorities, key stakeholders in other government ministries (e.g. labour and business), and leading employer and employee associations. 2. Become an expert. Learn everything you can about how other jurisdictions have become smoke-free. 3. Work with local legislative experts, guided by international best practice, to draft effective legislation. 4. Study several possible legal scenarios, including legal action by the tobacco industry, and prepare potential responses to them beforehand. 5. Recruit political champions to introduce and promote the legislation. 6. Invite the participation of civil society organizations to build support among their memberships, political leaders and the media, and to help counter tobacco industry tactics in a timely manner. 7. Work with evaluation and monitoring experts to identify and carry out the baseline studies needed (e.g. public opinion, air quality monitoring) to compare the impact of the law, pre- and post-implementation. 8. Work with media and communications experts to develop and disseminate messages to promote the legislation to the public. This should be a combination of earned media through news releases, media interviews and events, and paid messages broadcast through mass media (such as television, radio, billboards). Media strategies should include responding to false arguments from tobacco companies and their allies. 9. Work closely with enforcement authorities to design an enforcement plan, including training for inspectors, a clear protocol for inspections, and resources to allow for regular inspections, particularly during the first few months after the law comes into force. 10. When the implementation date for the legislation is known, develop and disseminate guidelines, signs and other information to employers and businesses with responsibility for ensuring compliance. 11. Celebrate the implementation day with media events, volunteers on the streets to promote implementation, and inspectors educating establishments about the law. This should be a celebratory occasion. 12. Ensure maintenance of the law by monitoring compliance, public opinion, indoor air quality, workers’ health and economic impact, and by disseminating this information in a timely manner to the media and to political leaders. 5. Twelve steps to a smoke-free city 34 ANNEX 1. MODEL ORDINANCE WITH COMMENTS A common request of those developing smoke-free legislation is, “Do you have an example or model we can use?” There are no perfectly drafted smoke-free laws and ordinances that can be used as exact templates. Many laws have been amended in ways that make them difficult to read. They contain amendments and exemptions that have been inserted as political compromises. Or they include best practice language in some areas while omitting other key elements. This is true even in those jurisdictions commonly cited as best practice examples. The text provided here draws on the best elements of laws from many jurisdictions, and from the Guidelines for implementation of Article 8 of the WHO FCTC. Undoubtedly, it is also imperfect. However, it offers clear language with which municipalities can work as a starting point. The text includes essential elements needed to implement and enforce a law in most jurisdictions. In many jurisdictions, some of the details might be put into a regulation that follows an ordinance. Of course, some elements of good implementation – such as civil society involvement and some aspects of enforcement – are not always written into the legislation itself. Cities should refer to more detailed guidance on these elements provided elsewhere in this document and in the resources listed in Annex 2. It should, however, be noted that cities intending to introduce smoke-free laws or ordinances can be expected to already have in place a standard drafting style. The style should, of course, be used when drafting the smoke-free ordinance (particularly in respect of paragraphs 1–4). It is not suggested that the draft below should replace the existing style used in any city. Existing national legislation should also be reviewed to ensure consistency of approach, and also because concepts in existing legislation may be useful and transferable to the local ordinance. Fiscal legislation (which normally includes definitions of tobacco products), tobacco control legislation (e.g. regulating the sale of tobacco products to minors), and legislation regulating health and safety in the workplace may be particularly relevant. 35 Annex 1. Model ordinance with comments THE [NAME OF MUNICIPALITY] SMOKE-FREE WORKPLACE AND PUBLIC PLACE ORDINANCE 1. Purpose.The purpose of this Ordinance is to protect the residents of [name of the municipality] from the harmful effects of exposure to tobacco smoke in workplaces and public places. 2. Rationale.Whereas…. (a) The Constitution of [name of the country] guarantees the right to [life] [any other relevant rights]. (b) Exposure to tobacco smoke has been recognized by the World Health Organization and other respected health authorities to cause death and serious disease in non-smokers. (c) There is no known safe level of exposure to tobacco smoke. (d) International guidelines advise that the only way to adequately protect the public from exposure to tobacco smoke is to eliminate the source of smoke. 3. Definitions.For the purposes of this Ordinance, the following definitions apply: (a)Enclosed means: i. having a ceiling or roof or a cover that functions (whether temporarily or permanently) as a ceiling or roof; or ii. being enclosed by one curved wall, or on two or more sides by walls, or enclosures that function (whether temporarily or permanently) as walls, whether or not they contain doors, windows or other openings. (b)Person in charge of an establishment or vehicle means an employer, owner, manager, or other person with permanent or temporary authority over the operation of an establishment or of a vehicle. (c)Public place means any place accessible to the general public or a place for collective use, regardless of ownership or right to access. It includes, but is not limited to: i. offices and all areas of office buildings, whether private or public; ii. health institutions, whether private or public; iii. educational institutions, whether private or public; iv. government buildings; v. retail shops and shopping malls; vi. hospitality and catering facilities, including pubs, restaurants, discotheques, hotels and karaoke venues; vii. manufacturing or processing plants; viii.all public areas in multiple unit dwellings, including lobbies, elevators and stairwells; ix. [add other places as appropriate to your jurisdiction]. Comments The purpose and preamble of the ordinance establish that the goal of the ordinance is to protect public health. The city’s relevant legal and health bases for regulation should be provided here. The definition of “enclosed” is meant to include covered patios, and makes it difficult for establishments to construct or remodel portions of their premises to permit smoking. This is the critical clause that prohibits smoking in defined places. It is broad and also extends the non-smoking area beyond enclosed places. Whatever outdoor distance is specified, it should be practical for most enclosed spaces while also reducing smoke drifting from out- doors to indoors. What is missing? Smoking rooms. This is how it should be. Workplaces and public places are defined broadly. A list of places that are considered workplaces and public places can be provided for clarity, but does not limit the definition to those places. Suggested text 36 Making cities smoke-free Suggested text Comments 3. Definitions.For the purposes of this Ordinance, the following definitions apply: (d)Smoke-free place means any place where smoking is prohibited under this Ordinance. (e)Smoking means the inhalation and exhalation of tobacco smoke or being in possession or control of an ignited tobacco product. (f)Workplace means any place used by people in the course of their employment or work, whether the work is done for compensation or on a voluntary basis. A workplace includes, but is not limited to: i. offices and all areas of office buildings, whether private or public; ii. health institutions, whether private or public; iii. educational institutions, whether private or public; iv. government buildings; v. retail shops and shopping malls; vi. hospitality and catering facilities, including pubs, restaurants, hotels and karaoke venues; vii. manufacturing or processing plants; viii.[add other places as appropriate to your jurisdiction]. 4. Prohibition of smoking in enclosed workplaces and public places.Smoking is prohibited in all enclosed public places and workplaces in [name of the municipality] and within [specified distance] of any entry, window or air intake of an enclosed public place or workplace. 5. Prohibition of smoking in specified non-enclosed or outdoor areas.Smoking is prohibited in municipal parks, beaches, playgrounds, and public stadia, even in areas of those places that are not enclosed. 6. Duty of compliance.The person in charge of an establishment or a vehicle required to be smoke-free under this Ordinance shall be responsible for ensuring compliance in their establishment, including: (a) The person in charge of an establishment or a vehicle required to be smoke-free under this Ordinance shall be responsible for ensuring compliance in their establishment, including: i. taking reasonable steps to ensure that no person smokes in an establishment where smoking is prohibited – reasonable steps include: a. requesting a person who is smoking to extinguish the tobacco product immediately or to leave the premises or vehicle; b. if the person refuses to extinguish the tobacco product or to leave, refusing service to that person and contacting the appropriate enforcement authority to report the violation; ii. ensuring that ashtrays or other receptacles designed for smoking products are not present in smoke-free places; iii. ensuring that the signs required under Schedule 1 are posted in accordance with the Schedule. (b) No employer shall take any action against an employee for seeking enforcement of this Ordinance or acting in accordance with the requirements under this Ordinance. Prohibition of smoking outdoors is recommended only if you know there is a reasonably high level of support for taking this step. Initially, you might find you have support for prohibiting smoking in an outdoor area popular with children and families (such as a local sports stadium). This sets out the specific actions and duties for which employers and businesses are responsible. 37 7. Penalties and fines. (a) Persons violating provisions of this Ordinance are subject to the fixed monetary penalties listed in Schedule 2. (b) A person who commits or continues an offence under this Ordinance on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. 8. Enforcement authority and inspections. (a) The following persons shall have authority to enforce the provisions of this Ordinance: [list appropriate categories of persons – for example, “Public Health Inspectors as defined in the Public Health Act”]. (b) The [head of the municipal health authority] may designate an additional class or classes of inspectors for the purposes of enforcing this Ordinance. (c) An inspector authorized under subsection (a) may: i. enter and inspect any public place or workplace designated as smoke-free under Section 4 during reasonable hours; ii. request information relevant to the inspection from any person; iii. [if possible in the municipality’s legal system] issue on-the-spot fines based on evidence of a violation. (d) No person shall hinder in any way the performance of the duties of an inspector, mislead them by concealment or false statements, or refuse to provide them with any information or document to which they are entitled under this Ordinance, or destroy any such information or document. 9. Public complaints.[if possible in the municipality’s legal system]. The public shall be authorized to report violations or suspected violations of the Ordinance to the appropriate inspection agency. The [name of relevant local authority] will establish a toll-free telephone number to be displayed on signs, and advertised on the [name of local health authority] web site. 10. Regulations.The [head of the municipal authority] may issue regulations to further the effective implementation of this Ordinance. 11. Reporting.The [head of the municipal authority] shall issue and publish an annual report on compliance with this Ordinance. 12. Entry into force.This Ordinance shall enter into force 90 days following its publication in [name of official municipal government publication]. Comments Penalties should be high enough to provide a deterrent and should, therefore, be proportionately higher for businesses than for individuals. In cases where penalties are set in other legislation and may not be sufficiently high to deter violations, consider adding a provision permitting licence suspension for successive violations, or disciplinary action for government employees. Enforcement provision will vary widely based on the legal traditions of the municipality. Some jurisdictions may require much more detailed language regarding enforcement powers and inspection procedures. This is a suggestion for minimum language, which can be elaborated further as needed either in the ordinance itself or in a regulation. Explicit statement of powers to issue regulations or other relevant legal instruments will more easily allow the municipality to close unforeseen loop- holes, or to clarify other issues that are hindering implementation. For example, additional categories of inspection could be named, or definitions clarified. Entry into force of 90 days or three months – after publication of the law or regulation – should provide sufficient time to prepare for implementation. A longer implementation period invites de- lays, loss of momentum, and opportunities for the tobacco industry to weaken the law. Suggested text 38 Making cities smoke-free Schedule 1. Signs Comments 1. In enclosed smoke-free places other than vehicles, at least one sign meeting the requirements below shall be posted conspicuously: (a) at every entrance to a smoke-free place, whether the entrance is open to the public or not; (b) in every bathroom; (c) in common areas such as lobbies, elevators, meeting rooms and corridors; (d) in multi-storey buildings, in every stairwell. 2. In non-enclosed smoke-free places, signs shall be placed at all entrances to the venue and at prominent places within the venue. 3. In smoke-free vehicles with a capacity to carry more than four passengers, signs shall be posted at all en- trances to the vehicle. In smoke-free vehicles with a capacity to carry four or fewer passengers, signs shall be posted on one window on each side of the vehicle. 4. Signs shall be not less than 200 x 300 mm in smoke-free establishments other than vehicles, and not less than 100 x 100 mm in smoke-free vehicles. 5. Signs shall: (a) be on a white background with black lettering and a red circle and stroke; (b) contain the universal no-smoking symbol and state that smoking is prohibited on the premises or in the vehicle; (c) be printed in [official or commonly used language of the municipality]; and (d) shall contain the name and telephone number of the [local enforcement agency] for the purpose of directing complaints. 6. The [name of the local health authority] will make available electronic templates of the sample sign below prior to the coming into force of the Ordinance. NO SMOKING Smoking is prohibited in these premises under the Smoke-Free Ordinance of [name of the municipality]. Violators are subject to penalties. Please report any suspected violations of the law to the enforcement authorities by calling, toll-free, 0-800-123-4567. THANK YOU FOR KEEPING OUR AIR CLEAN AND HEALTHY. Specification for signage is important. In addition to any text in the legislation prescribing signage, it is useful to provide a visual example for establishments to follow (see below), or even to provide and distribute signs. 39 Annex 1. Model ordinance with comments Schedule 2. Fixed penalties Violation of section Violation by First offence Second offence Third and subsequent offences 4 or 5 (smoking in a smoke-free place) Individual X percentage of average daily wage [Greater penalty than for the first offence] [Greater penalty than for the second offence] Penalties should be set high enough to deter violations. They should not be unreasonable, but they should be sufficiently high to discourage businesses from breaking the law and simply paying the fines, and accepting them as part of the cost of doing business. They should be higher for institutions than for individuals, because institutions are generally able to pay more, and because greater compliance will most effectively be obtained by deterring institutions. In the case of individuals, in this example, fines are tied to the average daily wage. This, or a similar type of indicator (such as percentage of daily earnings in the case of a business) helps ensure that fines increase with inflation and, therefore, do not lose their deterrence value over time. 6 (failing to ensure compliance, remove ashtrays, or post signs) Business, governmental or non- governmental agency, or corporate entity X percentage of average daily wage [should be significantly higher than the penalty for individuals] [Greater penalty than for the first offence] [Greater penalty than for the second offence] Individual in the employ of a business, governmental or non- governmental agency, or corporate entity X percentage of average daily wage [Greater penalty than for the first offence] [Greater penalty than for the second offence] 8 (d) (hindering an inspector) Business, governmental or non- governmental agency, or corporate entity X percentage of average daily wage [should be significantly higher than the penalty for individuals] [Greater penalty than for the first offence] [Greater penalty than for the second offence] Individual in the employ of a business, governmental or non- governmental agency, or corporate entity X percentage of average daily wage [Greater penalty than for the first offence] [Greater penalty than for the second offence] 40 1. Background and methodology There is a wealth of documented information and experience in the implementation of smoke-free legislation at all levels of government. This paper provides examples of successful implementation of comprehensive legislation at municipal level, based on existing resources and case studies. It includes a model smoke-free ordinance (Annex 1) that draws on the best components of a number of laws. In preparing this paper, legislation and other regulatory instruments (such as decrees, ordinances and executive orders) regulating smoking in indoor public places and workplaces were obtained from WHO, government, and civil society sources, as well as from internet searches. Additional information on the implementation of legislation was obtained from case studies and other credible sources. Case studies and/or implementation reports from 13 jurisdictions were reviewed and legislation from 25 jurisdictions was examined. Obtaining legislation and case studies from municipalities was the priority. However, national, state, provincial or territorial laws were also collected to ensure best practice examples from as many WHO regions as possible. The regulatory instruments and implementation experiences highlighted in this document were selected based on specific criteria. • A copy of actual legislation, regulations or policy was required. Summaries of regulatory instruments were not considered sufficient to evaluate the policy. • The establishments required by legislation to be smoke-free had to effectively protect a significant proportion of the population. Legislation that only required a narrow range of places to be smoke-free (such as government buildings) was excluded. • Legislation permitting indoor designated smoking areas, even if separately ventilated, was excluded, unless there was documentation showing that actual implementation of smoking areas was extremely limited. • The regulations had to be known to be relatively well implemented (i.e. violations are the exception rather than the norm), as reported through case studies, compliance data, or other credible information. • As far as possible, examples were drawn from all WHO regions. Some regions may be underrepresented as a result of a lack of effective legislation or documentation of success stories. ANNEX 2. LEGISLATION REVIEWED 41 2. List of the legislation reviewed for this report The following laws, regulations and policies were reviewed in the preparation of this report. Not all necessarily contain best practice provisions, and not all are highlighted in this document. Some web sites include associated regulations. African Region Kenya, Nakuru The Municipal Council of Nakuru Environmental Management By-Laws, 2005 Nigeria, Abuja, Federal Capital Territory Administration http://blogsofbainbridge.typepad.com/tobaccoandyou/why_abuja_went_smoke_free/ Region of the Americas Argentina, Neuquén Province Ley 2572; promulgada 21-12-07. 2007 [Law 2572; promulgated 21-12-07]. Library of the Superior Court of Justice document. http://www.jusneuquen.gov.ar/share/legislacion/leyes/leyes_provinciales/ley_2572.htm Canada, Capital Regional District (Victoria), British Columbia Clean Air Bylaw No. 2401 of 1999. Victoria, BA, Vancouver Island Health Authority, Medical Health Officer/Public Health. http://www.viha.ca/mho/tobacco/clean_air_bylaw.htm Mexico, Federal District (Mexico City) Decreto por el que se reforman, adicionan y derogan la Ley de Protección a la Salud de los No fumadores del Distrito Federal y la Ley para el Funcionamiento de Establecimientos Mercantiles del Distrito Federal [Decree amending, supplementing or repealing the Act to Protect the Health of Nonsmokers in the Federal District and the Law for the Operation of Commercial Establishments of the Federal District]. Gaceta Oficial del Distrito Federal, 4 March 2008 http://www.salud.gob.mx/unidades/pediatria/ley%20_no.pdf Reglamento de la Ley de Protección a la Salud de los No fumadores en el Distrito Federal [Regulation of the Law on Health Protection of Nonsmokers in the Federal District], Gaceta Oficial del Distrito Federal, 4 April 2008. http://www.paot.org.mx/centro/leyes/df/pdf/GODF/GODF_04_04_2008.pdf Puerto Rico Ley para Reglamentar la Práctica de Fumar en Determinados Lugares Públicos y Privados: Nueva ley núm. 40 [Law to Regulate Smoking in Certain Public and Private places].San Juan, Department of Health, Government of Puerto Rico, 2006. http://www.salud.gov.pr/Services/Dejaloya/Pages/NuevaLeyNum40.aspx Annex 2. Legislation reviewed Uruguay Ley Número 18.256 Control del Tabaquismo [Law number 18.256: Tobacco Control]. Montevideo, Oriental Republic of Uruguay, 2008. http://www.parlamento.gub.uy/leyes/ley18256.htm USA, New York City, NY Smoke-Free Air Act of 2002. http://www.nyc.gov/html/doh/downloads/pdf/smoke/tc7.pdf Eastern Mediterranean region Saudi Arabia, Mecca and Medina Royal Decree by Custodian of the Two Holy Mosques, King Fahd, in 2001 declaring Makkah and Madinah smoke-free United Arab Emirates, Dubai Regulation of smoking in public and work places European region Ireland Public Health (Tobacco) Act 2002/Public Health (Tobacco) (Amendment)Act 2004. Naas, Office of Tobacco Control. http://www.otc.ie/legislation-national-overview.asp Turkey BILL AMENDING THE LAW ON PREVENTION OF HAZARDS OF TOBACCO PRODUCTS Law No. 5727 Date of Enactment: 3/1/2008 http://www.tobaccocontrollaws.org/files/live/Turkey/Turkey%20-%20Law%20No.%205727.pdf United Kingdom Health Act 2006. London, legislation.gov.uk. http://www.legislation.gov.uk/ukpga/2006/28/contents United Kingdom, Scotland Smoking, Health and Social Care (Scotland) Act 2005. Norwich, Office of Public Sector Information. http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050013_en_1 The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006. Scottish Statutory Instruments, 2006 No. 90. Norwich, Office of Public Sector Information. http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060090.htm 42 Making cities smoke-free 43 South-East Asia region India The Cigarettes and Other Tobacco Products Act 2003 (2009 compilation including amendments, rules and regulations). http://rctfi.org/goi_initiatives3.htm Western Pacific region Australia, Queensland Tobacco and Other Smoking Products Act 1998/Tobacco and Other Smoking Products Regulation. Brisbane, Queensland Government. http://www.health.qld.gov.au/tobaccolaws/default.asp Australian Capital Territory Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009. Canberra, a.c.t legislation register. http://www.legislation.act.gov.au/a/2009-51/ China, Hong Kong SAR Tobacco control legislation. Smoking [Public Health] Ordinance. Hong Kong SAR, Tobacco Control Office, Department of Health, The Government of the Hong Kong Special Administrative Region, 2007. http://www.tco.gov.hk/english/legislation/legislation_so.html Indonesia, Cirebon City Regulation of Cirebon Mayor Number 27a of 2006 on protection for non-smoker community in Cirebon City. http://www.lindungikami.org/site_media/ekstern/REGULATION_OF_CIREBON_MAYOR.pdf New Zealand Smoke-free Environments Act 1990. Wellington, New Zealand Legislation: Acts. http://www.legislation.govt.nz/act/public/1990/0108/latest/DLM223191.html Philippines (the), Davao City, Ordinance No. 043-02, Series of 2002: The Comprehensive Anti-Smoking Ordinance of Davao City. Davao 13th City Council, Series of 2002. http://cinemarehiyon.com/smoking-ordinance Philippines (the), Makati City, City Ordinance No. 2002-090. An Ordinance Revising All Existing Anti-smoking Ordinances in Makati City and Expanding the Coverage Thereof, Providing Penalty for Violation Thereof. Makati, Metro Manila, 2003. http://www.makati.gov.ph/portal/roms/docs/ORD.%202002/2002-090.pdf Annex 2. Legislation reviewed 44 Smoke-free case studies used for this guide Many jurisdictions have successfully become smoke-free. Far fewer have told their stories in a case study. These case studies were used as resources for this guide, and provide useful stories of the process of successfully achieving and implementing smoke-free legislation. Brazil, Recife http://new.paho.org/hq/dmdocuments/2011/PAHO_Smoke-free_Recife.pdf Canada, Capital Regional District (Victoria), British Columbia Drope J, Glantz S. British Columbia capital regional district 100% smokefree bylaw: a successful public health campaign despite industry opposition. Tobacco Control, September 2003, 12:264–268. http://tobaccocontrol.bmj.com/cgi/content/full/12/3/264 India, Chandigarh Experience of Chandigarh as a smoke-free city. World Health Organization Centre for Health Development. http://www.searo.who.int/LinkFiles/TFI_Chandigarh-Smoke-Free_City.pdf India, Chennai http://www.searo.who.int/LinkFiles/TFI_Smoke-Free-City-cs.pdf Ireland Implementing the smoking ban. The Irish Times: Business 2000, Ninth Edition, 2005/06. http://www.business2000.ie/images/pdfs/pdf_9th/dept_of_health_9th_ed.pdf Mexico, Mexico Federal District (Mexico City) Dawson J.Mexico City: smoke-free city case study. Paris, International Union Against Tuberculosis and Lung Disease, 2009. http://www.theunion.org/news/mexico-city-smoke-free-case-study-launched.html Towards 100% Smoke-Free Environment: The Case Study of Mexico City, Mexico. http://new.paho.org/hq/dmdocuments/2011/PAHO_Smoke-free_Mexico_City.pdf Saudi Arabia, Mecca and Medina Mecca and Medina: smoke-free city case study. World Health Organization Centre for Health Development. http://www.who.or.jp/SFC_Makkah.html Uruguay Marquizo Blanco A. Six Years that changed tobacco control in Uruguay: Lessons learned (2007). Washington, DC, Pan American Health Organization, 2007. http://new.paho.org/hq/index.php?option=com_content&task=view&id=1371&Itemid=1231). ANNEX 3. OTHER RESOURCES 45 USA, New York, NY New York: smoke-free city: a case study for Smokefree Liverpool. Chester, United Kingdom, Jon Dawson Associates, 2006. http://www.smokefreeliverpool.com/images/stories/documents/new_york_case_study.pdf?phpM yAdmin=03877833a9ef1ea00e0c31c496ef7f55 Smoke-free case studies and short country reports commissioned by WHO for the Smoke- Free Cities Project Please note that not all the following case studies necessarily reflect best practices, nor are all jurisdictions studied 100% smoke-free. Extended case studies Annex 3. Other resources City Country / WHO Region Highlights 1. Almaty Kazakhstan / EURO – Implementation of programme as an alternative to legislation – Role of media 2. Chandigarh India / SEARO – Policy diffusion – NGOs role – Use of non-tobacco legislation 3. Chennai India / SEARO – Monitoring strategy – Role of media – NGO’s role 4. Chiyoda (Tokyo)Japan / WPRO – Outdoor ban 5. Davao Philippines / WPRO – Multisectoral implementation team – Role of media – Coherency (evidence-based) of the intervention 6. Liverpool United Kingdom / EURO – Policy diffusion – Advocacy campaign – Partnerships – Extensive use of resources 7. Mecca Saudi Arabia, EMRO – Adaptation to cultural context – Role of national stakeholders8. Medina Saudi Arabia, EMRO 9. Mexico City Mexico / AMRO/PAHO – National-municipal relationships – Partnerships – Monitoring – Opposition of the industry – Use of local evidence 10. Nakuru Kenya / AFRO – Community participation – Taking advantage of circumstances – Policy diffusion 11. Recife Brazil / AMRO/PAHO – Implementation of a policy without a local legislation – Partnership with academic institutions – Progressiveness in the implementation Short country reports and other studies Smoke-free jurisdiction web sites, by WHO region Much information about how cities, states and countries became smoke-free, and about their legislation, implementation, communications and enforcement strategies, can be found on the Internet. Listed below are some of the most comprehensive web sites. Not all of the smoke-free jurisdictions discussed in the report are listed here because they do not all have web sites for their smoke-free initiatives. 46 Making cities smoke-free City Country / WHO Region Highlights Collingwood Canada / PAHO – Policy diffusion – Focus on playgrounds – Participation of the youth El Paso USA / PAHO – Role of media – Participation of city council – Youth participation Jakarta Indonesia / SEARO – Relationship with clean air – Lack of enforcement Makati Philippines / WPRO – Challenge of compliance – Policy diffusion Michigan USA / PAHO – Sub-national initiatives, with impact on several cities – Context of weak or even opposing national policies Ottawa Canada / AMRO – Policy diffusion – Role of media in the process of adoption of the legislation Santa Fe Argentina / PAHO – Sub-national initiatives, with impact on several cities – Context of weak or even opposing national policies Street bans on tobacco smoking in 110 cities Japan / WPRO – Unique intervention of street ban implemented in 110 municipalities – Lessons for the design, implementation and enforcement of similar initiatives Townsville Australia / WPRO – Municipal enforcement of sub-national legislation (at the State level) Waterloo Canada / PAHO – Community participation – Regulation of “private” environments 47 REGION OF THE AMERICAS Brazil, São Paulo Ley Antifumo [Anti-smoking law]. Anti-smoking Portal, State Government. http://www.leiantifumo.sp.gov.br/ Canada, Ontario Smoke-Free Ontario Legislation, Ministry of Health Promotion and Sport. http://www.mhp.gov.on.ca/english/health/smoke_free/legislation.asp Puerto Rico Nueva Ley Núm. 40 [New Law No. 40)]. Department of Health. http://www.salud.gov.pr/Services/Dejaloya/Pages/NuevaLeyNum40.aspx Ya Puerto Rico es libre de humo. [And Puerto Rico is smoke-free]. http://prlibre.com/ USA, California Secondhand Smoke, California Department of Public Health http://www.tobaccofreeca.com/secondhand_smoke.html EASTERN MEDITERRANEAN REGION Saudi Arabia, Mecca and Medina Religion and tobacco. Together for tobacco free Hajj 2006 (1426 Hegira). World Health Organization Regional Office for the Eastern Mediterranean. http://www.emro.who.int/tfi/TobaccofreeMecca_Medina.htm EUROPEAN REGION Ireland Smoke-free workplaces. Office of Tobacco Control. http://www.otc.ie/communication_smokefree.asp Turkey 4207 Sayılı Tütün Ürünlerinin Zararlarının Önlenmesi ve Kontrolü Hakkında Kanunun Uygulanması [No. 4207 Implementation of the Law on the Prevention and Control of the Harms of Tobacco Products]. Ministry of Health. http://www.saglik.gov.tr/TR/Genel/BelgeGoster.aspx?F6E10F8892433CFF404F9755767D76FF563 BC337E5066206 Annex 3. Other resources 48 Making cities smoke-free United Kingdom, England Smokefree. A healthier England from July 1st 2007. http://www.smokefreeengland.co.uk/ United Kingdom, Scotland Welcome to a new smoke-free Scotland. Clearing the Air, Healthier Scotland. http://www.clearingtheairscotland.com/index.html SOUTH-EAST ASIA REGION India, Chandigarh Smoke-free Chandigarh web site. http://www.chandigarh.tobaccofreeindia.com/ WESTERN PACIFIC REGION Australia, South Australia Smoke-free for good. Tobacco Control in South Australia, Department of Health. http://www.tobaccolaws.sa.gov.au/Default.aspx?tabid=160 Australia, Tasmania Smoke-free areas. Department of Health and Human Services. http://www.dhhs.tas.gov.au/peh/tobacco_control/smoke_free_areas2 China, Hong Kong SAR Publications and downloads. Implementation guidelines. Tobacco Control Office, Department of Health. http://www.tco.gov.hk/english/downloads/downloads_guidelines.html (English) http://www.tco.gov.hk/tc_chi/downloads/downloads_guidelines.html (Chinese) Smoking (Public Health) Ordinance. Hong Kong Council on Smoking and Health (NGO). http://smokefree.hk/en/content/web.do?page=Ordinances (English) http://smokefree.hk/tc/content/web.do?page=Ordinances (Chinese) New Zealand Smokefree law in New Zealand. Ministry of Health. http://www.moh.govt.nz/smokefreelaw 49 1.WHO report on the global tobacco epidemic, 2009: implementing smoke-free environments. Geneva, World Health Organization, 2009 (http://www.who.int/tobacco/mpower/2009/en/index.html, accessed 13 October 2010). 2.Tobacco smoke and involuntary smoking. Lyon, International Agency for Research on Cancer, 2004 (IARC Monographs, Vol. 83), 2004 (http://monographs.iarc.fr/ENG/Monographs/vol83/mono83.pdf, accessed 10 October 2010). 3.Report on carcinogens, eleventh edition. U.S. Department of Health and Human Services, Public Health Service, National Toxicology Program. Washington, DC, 2005 (http://ntp.niehs.nih.gov/?objectid=035E5806-F735-FE81-FF769DFE5509AF0A, accessed 12 October 2010). 4.The health consequences of involuntary exposure to tobacco smoke: a report of the Surgeon General. Atlanta, GA, U.S Department of Health and Human Services, Office of the Surgeon General, 2006 (http://www.surgeongeneral.gov/library/secondhandsmoke/, accessed 13 October 2010). 5.Framework convention on tobacco control. Geneva, World Health Organization, 2003 (http://whqlibdoc.who.int/publications/2003/9241591013.pdf, accessed 13 October 2010) 6.WHO Framework Convention on Tobacco Control. Conference of the Parties. Guidelines of protection from exposure to tobacco smoke. Article 8 of the WHO FCTC. Geneva, World Health Organization, 2007 (http://www.who.int/fctc/guidelines/article_8/en/index.html, accessed 13 October 2010). 7.Reynolds JH, Hobart RL, Ayala P, Eischen MH. Clean indoor air in El Paso, Texas: a case study. Preventing Chronic Disease, 2005, 2:A22 (http://www.ncbi.nlm.nih.gov/pubmed/15670475, accessed 13 October 2010). 8.Policy recommendations on protection from exposure to second-hand tobacco smoke. Geneva, World Health Organization, 2007 (http://whqlibdoc.who.int/publications/2007/9789241563413_eng.pdf, accessed 13 October 2010). 9.Campaña “Ambiente Libre de Humo” [Campaign “smoke-free environment]. Córdoba, Municipality of Mina Clavero, Argentina, 2009 (http://www.minaclavero.gov.ar/noticias.asp?idn=473, accessed 14 October 2010). 10.Selin H. Personal observation, 20 November 2009. 11.Position document: environmental tobacco smoke. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., Atlanta, 2008 (http://www.ashrae.org/aboutus/page/335, accessed 13 October 2010). 12.Dawson J, Romo J.Mexico DF: smoke-free city case study. International Union Against Tuberculosis and Lung Disease, 2009 (http://www.theunion.org/news/mexico-city-smoke-free-case-study-launched.html, accessed 13 October 2010]. 13.McLintock B. Smoke-free: how one city successfully banned smoking in all indoor public places. Victoria, BC, Outside the Box, 2003:55 (http://www.amazon.com/Smoke-Free-Successfully-Banned-Smoking-Indoor/dp/1894694317 #reader_1894694317, accessed 13 October 2010). REFERENCES 50 Making cities smoke-free 14.LLanto JF. Smoking ban in most LGUs unsuccessful. ABS-CBN News, 21 February 2009 (http://www.abs-cbnnews.com/features/02/21/09/smoking-ban-most-lgus-unsuccessful, accessed 13 October 2010). 15.Dorotheo C, Dorotheo U. Protecting the right to life: promoting smoke-free public places in ASEAN. Southeast Asia Tobacco Control Alliance (SEATCA), 2007 (http://resources.seatca.org/Protecting%20the%20Right%20to%20Life.pdf, accessed 13 October 2010). 16.Tobacco Institute. Undated (quoted from early 1980’s). Tob Control 2005;14:300-306 doi:10.1136/tc.2005.012302 (http://tobaccocontrol.bmj.com/content/14/5/300.full ) 17.L’ensemble de l’affaire Rylander 2001–2004 [The complete Rylander case 2001–2004]. Suisse Santé Publique web site, 2004 (http://www.prevention.ch/rylanderpm.htm, accessed 13 October 2010). 18.Public place smoking. London, British American Tobacco, 2010 (http://www.bat.com/group/sites/uk__3mnfen.nsf/vwPagesWebLive/DO6HADSB?opendocument &SKN=1&TMP=1, accessed 23 June 2010). 19.Nixon ML, Mahmoud L, Glantz SA. Tobacco industry litigation to deter local public health ordinances: the industry usually loses in court. Tobacco Control, 2004, 13:65–73 (http://tobaccocontrol.bmj.com/content/13/1/65.full.pdf, accessed 13 October 2010. 20.Niegan amparo a fumadores contra ley antitabaco del DF [Deny protection to smokers from smoking ban DF]. Mexico DF, Las Buenas Noticias también son Noticia, 2009 (http://www.buenasnoticias.com.mx/2009/01/niegan-amparo-fumadores-contra-ley.html, accessed 25 September 2010). 21.Lagunas I. Niega 210 amparos desde vigencia de ley antitabaco [210 places denied protection from enforcement of smoking ban]. Mexico DF, El Universal, 2009 (http://www.eluniversal.com.mx/notas/510688.html, accessed 25 September 2010). 22.Válidas, reformas a Ley de Protección a la Salud de los No Fumadores en el Distrito Federal [Reforms to the Law for the Protection of the Health of Nonsmokers in the Federal District are valid]. Mexico, DF, 3 September 2009 (http://www.scjn.gob.mx/MEDIOSPUB/NOTICIAS/2009/Paginas/3-Septiembre-2009P.aspx, accessed 25 September 2010). 23.Ontario smoking club appeal tossed by top court. CBC News, 15 April 2010 (http://www.cbc.ca/canada/ottawa/story/2010/04/15/smiths-falls-smoking-club.html, accessed 25 September 2010). 24.Legal issues litigated re non-smoking by-laws (July 2003). Toronto, Ontario Campaign for Action on Tobacco, 2003 (http://www.ocat.org/legalissues/index.html, accessed 23 June 2010). 25.Bornhaeuser A, Bloom J. Smokefree air law enforcement: lessons from the field. Washington, DC, Global Smokefree Partnership, 2009 (http://www.globalsmokefree.com/gsp/ficheiro/19SmokefreeAirLawEnforcementLessonsfromthe Fieldfinal.pdf, accessed 21 October 2009). 26.Enforcement protocol. Edinburgh, Clearing the Air, Healthier Scotland, Scottish Government (http://clearingtheairscotland.com/faqs/enforcement.html, accessed 13 October 2010). 27.Experience of Chandigarh as a smoke-free city. WHO Kobe Centre (in press). 28.Health Canada national campaigns. Ottawa, ONT, Health Canada, 2008 (http://www.hc-sc.gc.ca/hc-ps/tobac-tabac/res/media/camp-eng.php#shs, accessed 13 October 2010). 51 References 29.The Heather Crowe campaign to protect all workers from second-hand smoke. Ottawa, ONT, Physicians for a Smoke-Free Canada, 2006 (http://www.smoke-free.ca/heathercrowe/). 30.World Lung Foundation. Tobacco control mass media resource. (On-line resource) http://67.199.72.89/Mmrnew/eng_ads_shs.html 31.Smoke-free workplaces. Naas, Ireland, Office of Tobacco Control, 2004 (http://www.otc.ie/communication_smokefree_camp.asp, accessed 13 October 2010). 32.Sebrié EM, Glantz SA. Local smoke-free policy development in Santa Fe, Argentina. Tobacco Control, 2010, 19:110–116 (see p. 111). 33.El chico asmática que denunció un colectivero [The boy with asthma who reported a bus driver]. Clarín.com, 26 June 2004 (http://edant.clarin.com/diario/2004/06/26/sociedad/s-04704.htm, accessed 20 June 2010. 34.Must E, Efroysom D. Using the media for tobacco control. Dhaka, Path Canada, August 2002. 35.Enacting strong smoke-free laws – the advocate’s guide to legislative strategies. American Cancer Society/International Union Against Cancer, 2006 (Tobacco Control Strategy Planning Guide No. 3; http://strategyguides.globalink.org/pdfs/Legislative_Strategies.pdf, accessed 13 October 2010). 36.Smokefree. Listed Establishment Implementation Guide. Tobacco Control Office, Department of Health, The Government of the Hong Kong Special Administrative Region; http://www.tco.gov.hk/english/downloads/files/qe_guidelines_revised.pdf, accessed 12 November 2010) 37.Promoting a tobacco free society: publications. Naas, Ireland, Office of Tobacco Control, 2010 (http://www.otc.ie/comm_pub.asp#signage.asp, accessed 13 October 2010). 38.Guidance and signage. Edinburgh, Scottish Government: Clearing the Air, Healthier Scotland, 2010 (http://clearingtheairscotland.com/faqs/guidance.html, accessed 13 October 2010). 39.Marquizo Blanco A. Six Years that changed tobacco control in Uruguay: Lessons learned (2007). Washington, DC, Pan American Health Organization, 2007. http://new.paho.org/hq/index.php?option=com_content&task=view&id=1371&Itemid=1231, accessed 13 October 2010). 40.Survey on tobacco: analytical report. The Gallup Organisation, 2009 (Flash Barometer Series 253; http://ec.europa.eu/health/ph_determinants/life_style/Tobacco/Documents/eb_253_en.pdf, accessed 13 October 2010). 41.Mori poll. Washington, DC, Pan American Health Organization, 2006. 42.Smoke-free workplace legislation implementation: Public Health (Tobacco) Acts, 2002 and 2004, progress report 29 March 2004 – 31 March 2005. Clane, Ireland, Office of Tobacco Control, 2005 (http://www.otc.ie/uploads/OTC%20Progress%20report%20Final.pdf, accessed 13 October 2010). 43.Smoke-free workplaces in Ireland: a one-year review. Clane, Ireland, Office of Tobacco Control, 2005 (http://www.otc.ie/uploads/1_Year_Report_FA.pdf, accessed 13 October 2010). 44.Waa A, McGough S. Reducing exposure to second hand smoke: Changes associated with the implementation of the amended New Zealand Smoke-free Environments Act 1990: 2003–2006. Report prepared for the Ministry of Health. Wellington, HSC, September 2006 (http://secondhandsmoke.co.nz/reasearch/reports.shtml, accessed 13 October 2010. 45.RTI International. First annual independent evaluation of New York’s tobacco control program. Final report. Prepared for New York State Department of Health. Research Triangle Park, RTI International, November 2004 (http://www.nyhealth.gov/nysdoh/tobacco/reports/docs/nytcp_eval_report_final_11-19-04.pdf, accessed 13 October 2010). 46.Experience of Mecca and Medina as smoke-free cities. WHO Kobe Centre (in press). 47.Smoke-Free Works (Office). World Lung Foundation. Tobacco Control Mass Media Resource. http://67.199.72.89/mmr/english/ad_office.html, accessed 12 November 2010) 48.“Difusión de los Datos de la Encuesta Mundial de Tabaquismo en Adultos”. Presidencia de la República Oriental del Uruguay), http://www.presidencia.gub.uy/_Web/fotos/2010/02/2010020902.htm 49.World Lung Foundation “Because we all breathe the same air”(Mexico, ’08); Ministerio de Salud Pública [Ministry of Health] Uruguay 50.Presidencia de la República Oriental del Uruguay. Launching of the “Un Millon de Gracias”campaign in 20/02/2006. http://www.presidencia.gub.uy/_web/fotos/2006/02/2006022002.htm 52 Making cities smoke-free For further information, kindly contact TFI or the WHO Kobe Centre as follows: World Health Organization Centre for Health Development (WHO Kobe Centre) WHO Tobacco Free Initiative Noncommunicable Diseases and Mental Health I.H.D. Centre Building, 9th Floor 1-5-1 Wakinohama- Kaigandori Chuo-ku, Kobe 651-0073 Japan Phone: (+81) 78-230- 3100 Fax: (+81) 78-230-3178 Email: wkc@wkc.who.int URL: http://www.who.or.jp 20 Avenue Appia 1211 Geneva 27 Switzerland Tel.:(+41) 22 791 21 11 Fax:(+41) 22 791 4832 Email: tfi@who.int URL: http://www.who.int/tobacco/en/ World Health Organization Centre for Health Development (WHO Kobe Centre) I.H.D. Centre Building, 9th Floor 1-5-1 Wakinohama-Kaigandori Chuo-ku, Kobe 651-0073 Japan Tel.: (+81) 78-230-3100 Fax: (+81) 78-230-3178 Email: wkc@wkc.who.int http://www.who.or.jp WHO Tobacco Free Initiative Noncommunicable Diseases and Mental Health 20 Avenue Appia 1211 Geneva 27 Switzerland Tel.: +41 22 791 21 11 Fax: +41 22 791 48 32 Email: tfi@who.int http://www.who.int/tobacco/en/ ISBN 978 92 4 150283 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Monday, January 29, 2018 TOPIC: Discussion regarding the potential adoption of a Unified Development Code (UDC) for the Town of Westlake STAFF CONTACT: Ron Ruthven, Planning and Development Director Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Optimize Planning & Development Capabilities Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 29, 2018 Funding Amount: 00.00 Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) What is a Unified Development Code? A Unified Development Code (UDC) combines all land development related codes into one single source. The UDC makes it easy for all parties, including staff, to better understand the rules, regulations and standards that they may need to adhere to concerning zoning, subdivisions, design and development standards, review procedures and other various topics. History of the UDC in Westlake Westlake previously had a UDC. The first adoption was on May 5, 1994 under Ordinance 218. This occurred when many cities around the United States and Texas were beginning to adopt a UDC as well. While active, the Westlake UDC was continually updated with the last occurrence on December 13th, 2004 by Ordinance 467 (approx. years). For unknown reasons, amendments and updates to the UDC ceased and the codification structure for the UDC was abandoned and replaced by the current structure contained in the Code of Ordinances. Staff seeks to reconcile the UDC as part of a larger process in order to provide more efficient and effective development review services and to better implement to the recommendations of the 2015 Comprehensive Plan. Why Adopt a Unified Development Code? Currently, all of Westlake’s zoning and subdivisions codes are contained in the Code of Ordinances. With the new UDC, all codes related to development in Westlake would be consolidated into a separate codification structure, apart from the Code of Ordinances. The UDC makes amending and maintaining the future codes easier. The UDC would be adopted as one ordinance for the entirety of the UDC, instead of maintaining separate ordinances for zoning, subdivisions, engineering, etc. With the adoption of a UDC, staff can better add and remove policies and avoid any future inconsistencies or conflicting requirements that may have been present before. Planning for the Future (UDC Timeline) Potential updates for a comprehensive UDC: 1. Adoption of UDC and general cleanup 2. Update outdoor lighting standards 3. Update sign standards 4. Update zoning regulations 5. Update subdivision regulations 6. Update engineering standards 7. Update applicable illustrations, tables, etc. 8. UDC cleanup as necessary from time to time Proposed timeline for completion: May 2018. ATTACHMENTS a. Most recent iteration of original Unified Development Code, 12-13-04 b. New UDC Table of Contents UNIFIED DEVELOPMENT CODE ' '~ ' Town of Westlake Unified Development Code SECTION 1 SECTION 2 SECTION 3 SECT10N 4 SECTION 5 SECTION 6 SECTION 7 TABLE OF CONTENTS ' i .- ARTICLE I. GENERAL PROVISIONS SHORT TITLE..................................................................... 2 AUTHORITY .................................................. : .. ; ........ .' ................ 2 JURISDICTION ........................................................................... 2 PURPOSES ............................................................................... 2 EFFECTIVE DATE AND APPLICABILITY ........................................ 3 APPLICABILITY OF EXISTING REGULATIONS ......... ~ ..................... 3 RELATIONSHIP TO COMPREHENSIVE PLAN, THOROUGHFARE PLAN AND OPEN SPACE PLAN .......................................................... .". 3 SECTION 8 COMPLIANCE WITH CODE REQUIRED ......................................... 4 SECTION 9 DIAGRAMS AND DRAWINGS ....................................................... 4 SECTION 10 SEVERABILITY .......................................................................... 4 ARTICLE II. AUTHORITY AND ADMINISTRATIVE PROCEDURES SECTION 1 GOVERNING BODY ...................................................................... 3 SECTION 2 SEQUENCE OF REVIEW .............................................................. 3 SECTION 3 BOARDS, COMMISSIONS, AGENCIES/APPOINTMENT, TERM, AND SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 SECTION 15 PROCEDURES ........................................................................... 3 INITIATION OF ADMINISTRATIVE PROCEDURES ............................ 4 SUBMITTAL AND ACCEPTANCE ................................................. 4 AUTHORITY TO INITIATE A REQUEST ........................................... 4 APPLICATION WITHDRAWAL. ........................... ." .......................... 4 CONDUCT OF PUBLIC HEARINGS ................................................ 5 PUBLIC HEARING -PLANNING AND ZONING COMMISSION.......... 6 PUBLIC HEARING -BOARD OF ALDERMEN................................ 7 PLANNING AND ZONING COMMISSION ......................................... 9 BOARD OF ADJUSTMENT ........................................................... 10 TOWN PLANNER ........................................................................ 14 CHIEF BUILDING OFFICIAL. ........................................................ 15 PROCEDURE IN PLANNING AND ZONING CASES/ADDITIONAL INFORMATION SUBMITTED ........................................................ 15 SECTION 16 COMPUTATION OF TIME ............................................................. 15 December 13, 2004 Table of Contents Page 1 : . ; Town of Westlake Unified Deve lopment Code SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 ARTICLE Ill. ZONING DISTRICTS AND MAPS ZONING MAP .............................................................................. 2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES ........... 3 PURPOSE OF ZONING DISTRICTS ................................................ 4 REGULATIONS APPLICABLE TO ALL DISTRICTS......................... 5 LISTING OF APPROVED PLANNED DEVELOPMENTS.................... 6 LISTING OF APPROVED SPECIFIC USE PERMITS ......................... 6 ZONING UPON ANNEXATION ...................................................... 6 ARTICLE IV. PERMISSIBLE USES LAND USE SCHEDULE ................................................................ 3 ACCESSORY USES AND STRUCTURES ........................................ 4 SPECIFIC USE PERMITS (SUP) ................................................... 4 FLOOD PLAIN AREAS ................................................................. 6 TEMPORARY STRUCTURES ......................................................... 7 SECTION 6 WIRELESS COMMUNICATIONS FACILITIES .................................. 7 . . SECTION 7 . FARM ANIMALS AND HORSES .................................................... 16 SECTION 8 SERVANTS/CARET AKERS QUARTERS ......................................... 16 SECTION 9 TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 AND VISITORS ........................................................................... 16 UTILITY DISTRIBUTION LINES ..................................................... 17 ACCESS TO ROADWAYS ............................................................ 17 NEW AND UNLISTED USES ......................................................... 17 PRIVATE WATER WELLS ............................................................ 17 WIND TURBINES ... -..................................................................... 18 ARTICLE V. ZONING DISTRICT DEVELOPMENT STANDARDS SECTION 1 GENERAL .................................................................................. 2 SECTION 2 RESIDENTIAL DISTRICTS -GENERAL. ......................................... 5 SECTION 3 COMMERCIAL DISTRICTS -GENERAL. ......................................... 6 SECTION 4 DISTRICT DEVELOPMENT STANDARDS ........................................ 6 December 13, 2004 Table of Contents Page2 Town of Westlake Unified Development Code ARTICLE VI. PARKING AND LOADING STANDARDS SECTION 1 PURPOSE ................................................................................... 2 SECTION 2 APPLICABILITY ........................................................................... 2 SECTION 3 GENERAL PROVISIONS ............................................................... 3 SECTION 4 RESIDENTIAL PARKING ............................................................. 6 SECTION 5 OFF-STREET PARKING REQUIREMENTS ....................................... 7 SECTION 6 OFF-STREET LOADING REQUIREMENTS ..................................... 12 ARTICLE VII. PERFORMANCE STANDARDS SECTION 1 PURPOSE ................................................................................... 2 SECTION 2 APPLICABILITY ......................................................................... 2 SECTION 3 OUTDOOR LIGHTING ................................................................. 2 SECTION 4 NOISE ...................................................................................... .7 SECTION 5 SMOKE AND PARTICULATE MATTER ......................................... 9 SECTION 6 ODOROUS MATTER ......................................................... , ......... 9 SECTION 7 TOXIC AND NOXIOUS MATTER .................................................. 10 SECTION 8 VIBRATION .............................................................................. 10 SECTION 9 FIRE OR EXPLOSIVE HAZARD MATERIAL.. ................................. 10 SECTION 10 AIR AND WATER OUTLETS AT GASOLINE SERVICE STATIONS ... 11 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 December 13 , 2004 ARTICLE VIII. LANDSCAPE PURPOSE AND APPLICABILITY ................................................... 2 PROCEDURES ........................................................................... 2 LANDSCAPE DEVELOPMENT ....................................................... 2 IRRIGATION REQUIREMENTS ..................................................... 30 LANDSCAPE COMPLETION REQUIREMENTS ............................... 30 LANDSCAPE MAINTENANCE REQUIREMENTS .............................. 31 Table of Contents Page 3 _....__ SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 December 13, 2004 Town of Westlake Unified Development Code ARTICLE IX. TREE PRESERVATION PURPOSE AND INTENT ............................................................... 2 APPLICABILITY ........................................................ : ................ 2 TREE REPLACEMTN REQUIREMENTS .......................................... 3 TREE PROTECTION .................................................................... 4 TREE PRUNING RESTRICTIONS ................................................... 8 TREE PLANTING RESTRICTIONS .................................................. 9 TREE REMOVAL PERMIT REVIEW AND APPROVAL PROCESS ........ 9 ENFORCEMENT ......................................................................... 11 ARTICLE X. SIGN ST AN DAROS PURPOSE .................................................................................. 3 OBJECTIVE ............................................................................... 3 GENERAL PROVISIONS .............................................................. 3 INTERPRETATION ...................................................................... 3 PROJECTION OVER PUBLIC PROPERTY OR PUBLIC WAY ............. 3 SIGNS NECESSITATED BY CONSIDERATIONS OF HEALTH, WELFARE AND SAFETY .............................................................. 3 ALARM DEVICE SIGNS ................................................................. 4 CONSTRUCTION SIGNS ............................................................... 4 TEMPORARY SIGN REGULATIONS .............................................. 4 REMOVAL OF SIGN AND DISPLAY CASES ................................... 5 TIME LIMITATION OF APPROVED APPLICATIONS ......................... 6 SIGNS AND DISPLAY CASES WITHIN THE COMMERCIAL DISTRICTS ................................................................................. 6 SIGNS WITHIN THE RESIDENTIAL DISTRICTS ............................... 8 CONSTRUCTION REQUIREMENTS .............................................. 10 PLACEMENT ON ANOTHER'S PROPERTY .................................... 11 PLACEMENT ON VEHICLES ........................................................ 11 PLACEMENT OF OUTDOOR ADVERTISING ON TREES, ROCKS ETC ......................................................................................... 11 PROHIBITED ADVERTISING DEVICES ......................................... 12 FUNCTIONS OF THE BOARD OF ALDERMEN ............................... 12 Table of Contents Page4 Town of Westlake Unified Development Code ARTICLE XI. PLANNED DEVELOPMENT REGULATIONS SECTION 1 GENERAL REQUIREMENTS ........................................................ 2 SECTION 2 PLANNED DEVELOPMENT DISTRICT PROCEDURES ..................... 5 SECTION 3 EFFECT ON EXISTING PDs ......................................................... 16 ARTICLE XII. ZONING-RELATED APPLICATIONS SECTION 1 GENERAL ................................................................................... 1 SECTION 2 REZONING APPLICATIONS ........................................................... 1 SECTION 3 REQUIRED CONCEPT PLAN (NON PD) ........................................... 2 SECTION 4 REQUIRED SITE PLAN (NON PD) ................................................... 3 SECTION 5 AMENDMENTS TO APPROVED APPLICATIONS ............................... 6 SECTION 6 DEVELOPMENT AGREEMENTS ..................................................... 7 SECTION 7 ZONING ORDINANCE TEXT AMENDMENTS .................................... 8 ARTICLE XIII . SUBDIVISIONS SECTION 1 GENERAL PROVISIONS ................................................................. 1 SECTION 2 PLATTING PROCEDURES .............................................................. 5 SECTION 3 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS ........................ : ............................. -..................... 29 SECTION 4 PUBLIC IMPROVEMENT REQUIREMENTS--GENERAL ....................... 34 SECTION 5 LOT DESIGN AND IMPROVEMENT STANDARDS .............................. 36 SECTION 6 NON-RESIDENTIAL PLATS ........................................................... 38 SECTION 7 ROADWAY FACILITIES STANDARDS .............................................. 39 SECTION 8 SIDEWALKS AND BIKEWAYS.......................................... ............. 47 SECTION 9 WATER FACILITIES STANDARDS ................................................ 48 SECTION 10 WASTEWATER FACILITIES STANDARDS ....................................... 50 SECTION 11 DRAINAGE FACILITiES STANDARDS ............................................. 51 SECTION 12 UTILITY STANDARDS ................................................................... 54 SECTION 13 UNDERGROUND UTILITIES ........................................................... 56 SECTION 14 OPEN SPACE ............................................................................. 58 SECTION 15 PUBLIC LANDS REQUIREMENTS .................................................. 61 SECTION 16 PARTICIPATION POLICIES ........................................................... 62 December 13 , 2004 Table of Contents Pages SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 ARTICLE XIV. FLOODPLAIN Town of Westlake Unified Development Code PURPOSE ....................................................................................... 1 APPLICABILITY ............................................................................... 1 METHODS OF REDUCING FLOOD LOSSES ......................................... 1 DEFINITIONS .................................................................................. 1 GENERAL PROVISIONS .................................................................... 5 ADMINISTRATION ............................................................................ 5 FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES ........................ 6 PROVISIONS FOR FLOOD HAZARD REDUCTION ................................. 8 VARIANCE PROCEDURES ................................................................. 9 FLOODWAYS .................................................................................. 10 APPEAL PROCEDURES ......... ; ......................................................... 10 ARTICLE XV. ENFORCEMENT SECTION 1 COMPLIANCE REQUIRED .................................................................... 1 SECTION 2 NOTICE OF INTENT TO SUSPEND OR REVOKE ...................................... 1 SECTION 3 SUSPENSION OR REVOCATION OF PERMIT ......................................... 1 SECTION 4 SUSPENSION OR REVOCATION OF PERMITS CONDITIONED BY A VARIANCE OR SPECIAL EXCEPTION ..................................................... 1 SECTION 5 SUSPENSION AND REVOCATIN OF SITE PLAN, SPECIFIC USE PERMIT OR SUBDIVISION CONSTRUCTION/ENGINEERING PLAN ............. 2 SECTION 6 SUSPENSION AND REVOCATION OF CERTIFICATE OF OCCUPANCY ...... 2 SECTION 7 CEASE AND DESIST ORDER. ............................................................... 2 SECTION 8 . APPEAL OF CEASE AND DESIST ORDER, REVOCATION OR SUSPENSION ...................................................................................... 3 SECTION 9 CRIMINAL ENFORCEMENT ........................................... · ........................ 3 SECTION 10 CIVIL REMEDIES .................................................................................. 4 ARTICLE XVI. DEFINITIONS SECTION 1 USAGE ............................................................................................... 1 SECTION 2 WORDS AND TERMS DEFINED ............................................................. 1 December 13, 2004 Table of Contents Page 6 APPENDIX APPENDIX A LIST OF APPROVED PDS APPENDIX B LIST OF APPROVED SUPS Town of Westlake Unifie d Development Code APPENDIX C SAMPLE LANDSCAPE PLAN/LANDSCAPE AND IRRIGATION STANDARDS APPENDIX D TOWN'S APPROVED PLANT LIST December 13 , 2004 Table of Contents Page? ' , ARTICLE I. GENERAL PROVISIONS Town of Westlake Unified Development Code SECTION 1 SHORT TITLE •. : .••.•••.•...••.................•............•.....................•...•..•••.......•.•....•...•........... 1 SECTION 2 AUTHORITY .........••.•...•..........•................................•.................•....................••........•.. 1 SECTION 3 JURISDICTION ..•..•..•..•..••.•••............................•.•...•..................•.•.•.....••...•.....•....•.•....•. 1 SECTION 4 PURPOSES ••........••.•.•...•.•....................•..•...•......••..................•.......................•............ 1 SECTION 5 EFFECTIVE DA TE AND APPLICABILITY .....•..•....•................•......•.•...........•...•..•.••... 2 SECTION 6 APPLICABILITY OF EXISTING REGULATIONS ........................•.............................. 2 SECTION 7 RELATIONSHIP TO COMPREHENSIVE PLAN, THOROUGHFARE PLAN AND OPEN SPACE PLAN •..•.•..........•.•...•.•..........•....•........•.........•...•..................•.......••....... 2 SECTION 8 COMPLIANCE WITH CODE REQUIRED ...•...................•.....•....•................................ 3 SECTION 9 DIAGRAMS AND DRAWINGS .................................................................................... 3 SECTION 10 SEVERABILITY .....................................................................................................•.... 3 16 February 1998 Article I. General Provisions Table of Contents Page i ARTICLE I. GENERAL PROVISIONS Town of Westlake Unified Development Code SECTION 1 SHORT TITLE This Ordinance shall be known and may be cited as the Unified Development Code of the Town of Westlake, or simply as the Unified Development Code, UDC. or as referenced in this document as the "Code". SECTION 2 AUTHORITY The Unified Development Code is adopted pursuant t.o the powers granted to the Town and subject to any limitations imposed by the Constitution and laws of the State of Texas. SECTION 3 JURISDICTION The provisions of this Unified Development Code apply generally to all property within the corporate limits of the Town of Westlake and to the lands subject to its zoning jurisdiction as conferred by State law. Those provisions pertaining to the subdivision of land, and those regulations adopted for the primary purpose of protecting water quality or to afford flood protection. apply to all property within the Town's corporate boundaries and to all property within its extraterritorial jurisdiction (ET J), as established by Texas Local Government Code Chapter 42 and Chapter 212 . References to jurisdictions or the applicability of specific development regulations appearing elsewhere in this Unified Development Code take precedence over this jurisdictional statement in the event of a conflicting interpretation . SECTION 4 PURPOSES 16 February 1998 The Unified Development Code is adopted for the following purposes : To protect, promote. improve and provide for the public health, safety, and general welfare of the citizens of the Town of Westlake; To ensure the safe, orderly and efficient development and expansion of the Town of Westlake in accordance with and pursuant to its Comprehensive Plan. Thoroughfare Plan, and Open Space Plan; • To conserve, develop, protect and utilize natural resources, including but not limited to topography, vegetation, flood plain and other resources, in keeping with the public interest; To prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses; To protect and preserve places and areas of historical. cultural or architectural importance and significance to the community; To protect and conserve the value of land throughout the town and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; To provide for open spaces through the most efficient design and layout of the land : Article I. General P.-ovisions Page 1 Town of Westlake Unified Development Code • To prevent the pollution of air and water. to assure the adequacy of drainage facilities, to safeguard water resources and to preserve the integrity and aesthetic quality of the community; • To lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; • To facilitate the adequate and .efficient provision of transportation, water, wastewater, schools, parks, public safety and recreational facilities. and other public facilities and services; and • To treat in one unified text those areas of regulation more typically dealt with in separate ordinances such as, but -not exclusively, the zoning ordinance. the subdivision rules and regulations, the sign ordinance, etc. SECTION 5 EFFECTIVE DA TE AND APPLICABILITY The Unified D~velopment Code takes effect upon adoption of this Ordinance by the Board of Aldermen. The provisions of this Code supersedes all other development regulations governing the development of land within the Town . All development applications and proposals filed on or after the effective date of this ordinance , whether for new developments or for add-ons or expansions of existing developments, shall be processed in accordance with the standards and requir~ments and pursuant to the procedures herein established . SECTION 6 APPLICABILITY OF EXISTING REGULATIONS All existing unexpired, valid building permits which are complete and duly filed prior to enactment of the Unified Development Code in accordance with development regulations in effect prior to :adoption of these regulations, shall be processed under procedures therein established, and shall be evaluated and approved or disapproved under the standards and requirements contained in such regulation s , notwithstanding the adoption of the Unified Development Code. Those site plans which were technically reviewed and approved by the Board of Aldermen prior to the adoption of this Code shall be exempt from meeting any new requirements after the adoption of this Code . SECTION 7 RELATIONSHIP TO COMPREHENSIVE PLAN, THOROUGHFARE PLAN AND OPEN SPACE PLAN Page 2 The Unified Development Code is intended to implement the policies and objectives contained in the Comprehensive Plan, Thoroughfare Plan, and Open Space Plan for the Town and to affect the Town's plan for provision of public facilities and services within town limits and within the Town's extraterritorial jurisdiction . If a zoning or rezoning request differs from what the Comprehensive Plan, Thoroughfare Plan, or Open Space Plan recommends for that area, the Town Planner will advise applicant of this and will request applicant to submit a written letter. This letter will request the Town Planner to prepare and process the necessary exception or amendment to the Plan. The Town will process this request concurrently with the {re)zoning case at no additional cost to the applicant. Article I. General Provisions 16 FebNary 1998 Town of Westlake Unified Development Code SECTION 8 COMPLIANCE WITH CODE REQUIRED All development of land within the incorporated boundaries of the Town of Westlake or its extraterritorial jurisdiction as applicable, shall conform to the requirements of the Unified Development Code, and no person may use , occupy, sell or develop land, buildings or other structures , or authorize or permit the use, occupancy , sale or development of land, buildings or other structures under his/her control, except in accordance with all applicable provisions of this Code . Within the Town of Westlake's extraterritorial jurisdiction, no person may sell or develop land, or authorize or permit the sale or development of land , except in accordance with all applicable provisions of this Code . SECTION 9 DIAGRAMS AND DRAWINGS This Code contains diagrams and drawings. When diagrams and drawings appear in this Code , they are presented for explanation purposes only unless specifically referred to in the text of this Code . The text governs ove r any diagram or drawing when any discrepancy exists . The provisions of this secti on do not extend to concept plans or site plans which are required and approv ed under this Code . SECTION 10 SEVERABILITY 16 Fe bruary 1998 All sections , paragraphs , sentences, clauses , and phra se s of this ord inance are severable , and if any such section, paragraph, senten ce . clause or phrase is declare unconstitutional or otherwise invalid in any cou rt of competent jurisdiction in a valid judgment or decree , such unconstitutionality o r invali d ity shall not cause any remaining section, paragraph, sentence , clause, or phrase of this ordinance to fail or become inoperative . Article L General Provisions Pa ge 3 / Town of Westlake Unified Development Code ARTICLE II. AUTHORITY AND ADMINISTRATIVE PROCEDURES SECTION 1 GOVERNING BODY ~ .••••••••••.••••••••••.•••••..•••••••..•••••.••••.•.•..•••.•..•••.••••.•...•.••...........•....•.•... 1 SECTION 2 SEQUENCE OF REVIEW .•....••...••••••••••.•...•.••••...••..•...••••...•••.•...........................•........... 1 SECTION 3 BOARDS, COMMISSIONS, AGENCIES/APPOINTMENT, TERM, AND PROCEDURES •• ~ •• · ••.••.••••.•.••..••.•••••.•••••..•••.•••••••.•.••••••.•••••••••.•••••••••...••.........•.......••...... 1 SECTION 4 INITIATION OF ADMINISTRATIVE PROCEDURES .•••....••.•....•••...................•.••........•.. 2 SECTION 5 SUBMITTAL AND ACCEPTANCE •••••••.•.•..•.••••••.•....••••..••.•.•...••....••..........................••.. 2 SECTION 6 AUTHORITY TO INITIATE A REQUEST ...•.•..............•.....••.....•.•................................... 2 SECTION 7 APPLICATION WITHDRAWAL ....•....••.•.....•..•.•.•.•..........•.......•...................................... 2 SECTION 8 CONDUCT OF PUBLIC HEARINGS ...•.........•............................................................... 3 8 .1 General ....... -................................................................................................................. 3 8 .2 Public Hearing Postponement, Recess. and Continuations .......................................... 3 8 .3 Conduct of Public Hearing ............................................................................................. 3 SECTION 9 PUBLIC HEARING -PLANNING AND ZONING COMMISSION .................................. 4 9 .1 Planning and Zoning Commission Authority ................................................................. .4 9 .2 Commission Recommendation ..................................................................................... .4 SECTION 10 PUBLIC HEARING -BOARD OF ALDERMEN .......................................................... .4 10 .1 Authority ...................................................................................................................... :4 10 .2 Board Approval or Denial ............................................................................................. 5 10 .3 Protest of Proposed Change in Zoning ....................................................................... 5 10.4 Criteria for Granting Special Exceptions ..................................................................... 6 SECTION 11 PLANNING AND ZONING COMMISSION .................................................................. £; 11 .1 Creation and Membership ............................................................................................ 6 11 .2 Powers and Duties ....................................................................................................... 7 SECTION 12 BOARD OF ADJUSTMENT ......................................................................................... 7 12 .1 Organization ................................................................................................................. 7 12 .2 Procedures ................................................................................................................... ? 12 .3 Jurisdiction .................................................................................................................. 7 12.4 Criteria for Granting Variances .................................................................................. 9 12 . 5 Actions of the Board ......................................................... . . .. . . . . . . . .. . . . . . .. . . . . . . .. . . . . . ..... 10 12 .6 Appeal s on Sam e Matter ............................................................................................ 11 12 .7 Effective Date ............................................................................... " .... . ............ 11 12 .8 Appeal from Board ............. ··········:························ .. .. .. . . . . .. . ... .... .. . . . .................... 11 16 February 1998 Article II. Authority and Administrat ive Procedures Table of Conte nts Page i / Town of Westlake Unified Development Code SECTION 13 TOWN PLANNER ..•..••.•.•.............•...••...............••••..• ~ •.•••.......................•.................... 11 SECTION 14 CHIEF BUILDING OFFICIAL. ......•.......••.....•...........•.................................................. 12 SECTION 15 PROCEDURE IN PLANNING AND ZONING CASES/ADDITIONAL INFORMATION SUBMITTED •.....•.••••.•.•.•.•...•••..••.•.•..........................•.................•..... 12 SECTION 16 COMPUTATION OF TIME •..•••.•.•.••...••••.•••••...••••.•••••••••.•.•.............•.......•................•... 12 Page ii Article II. Authority and Administrative Procedures Table of Contents 16 February 1998 Town of Westlake Unified Development Code ARTICLE II. AUTHORITY AND ADMINISTRATIVE PROCEDURES SECTION 1 GOVERNING BODY The Board of Aldermen, as the governing body of the Town, shall have such authority as is consistent with State law, and the ordinances of Westlake, to initiate, undertake, and decide all legislative matters pertaining to the regulation of the use and development of land, which is the subject of the Unified Development Code, including but not limited to enactment or amendment of Code provisions; approval, disapproval or modification of amendments to the zoning map; and authorization of planned developments and specific use permits . If authorized in the Code, the Board of Aldermen shall also have the authority to review and decide appeals from decisions of the commisc;ions, boards, and administrative officers. or exceptions to the Code otherwise authorized by these regulations in accordance with the procedures established herein . SECTION 2 SEQUENCE OF REVIEW Where the recommendations from boards or commissions are required by this Code, or otherwise by law, prior to action by the Board of Aldermen, no application for development approval shall be placed on the Board's agenda for decision until such recommendations are available for consideration by the Board of Aldermen . Such recommendations are not binding on the Board of Aldermen and the Board may decide a matter contrary to the recommendations of such boards or commissions . Where an applicant requests a variance from a provision of this Code in conjunction with an application for amendment of the Official Zoning Map , the variance shall be considered by the Board of Aldermen at the same time that it considers the request for the zoning change . SECTION 3 BOARDS. COMMISSIONS. AGENCIES/APPOINTMENT. TERM. AND PROCEDURES 16 February 1998 All meetings of any board or commission shall be open to the public . Each board or commission shall keep accurate minutes of each meeting which shall be forwarded to the Town Secretary within ten (10) days following each meeting . Such board or commission shall keep an accurate record of the names of the members who are present and absent from their meetings . When public hearings are necessary or required, notice of the public hearings and the conduct of the same will be in compliance with the requirements of the Local Government Code and this Code . Each board or commission shall establish its own attendance rules, regulations and method of enforcement which may include automatic removal from office unless in conflict with State law . or this Section . Each member of a board or commission shall be at least eighteen ( 18) years of age . Article 11 . Authority and Administrative Procedures Page 1 Town of Westlake Unified Development Code SECTION 4 INITIATION OF ADMINISTRATIVE PROCEDURES All platting, zoning and site plan requests to be considered by the Planning and Zoning Commission and/or the Board of Aldennen, shall be initiated by filing an application with the Town . All requests for building permits shall be initiated by the filing of an application with the Town . The applications required by this section shall be on forms supplied by the Town of Westlake, and shall be available in the offices of the Town . SECTION 5 SUBMIITAL AND ACCEPTANCE No application shall be processed until such application is complete and the fee established in this Code or Ordinances of the Town of Westlake for processing the application has been paid . SECTION 6 AUTHORITY TO INITIATE A REQUEST All platting, zoning and site plan requests, and/or requests to amend the Comprehensive Plan-or the Thoroughfare Plan may be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or the Board of Aldermen may direct the Town Planner to initiate such a request on behalf of the Town . Amendments to the text of the Unified Development Code shall be initiated only by action of the Board of Aldermen directing the Town Planner to initiate such a request on behalf of the Town or by Town Planner's own initiative . Variances and special exceptions to be considered by the Board of Aldermen may be initiated by the owner of the affected property or his/her authorized representative or any aggrieved party who files the requ ired application and pa ys the appropriate fee, or by any person aggrieved by the decision of an administrative officer with authority over any matter appealable to the Board of Alderm e n pe r Section 12 of this Article, or by an officer, or appropriate board of the Town . SECTION 7 APPLICATION WITHDRAWAL Page 2 Any request for withdrawal of an application must be submitted in writing to th e Town Secretary . Once an application for a platting, zoning, or site plan request to be consid e red by the Planning and Zoning Commission and/or Board of Aldermen , or a variance . special exception or appeal going before the Board of Aldermen has been published in a newspaper or notifications of public hearing, if any, have been mailed , such request for withdrawal must be placed on the public hearing agenda and acted upon by the applicable body . Application fees are not refundable except in cases in which the Town Planner determines that an application was accepted in error . or the fee paid exceeded the amount due under the provi sion of this Code or the ordinances of the Town of Westlake , in which case the amount of the overpayment may be refunded to th e applicant Article II . Authority and Administrative Procedures 16 February 1998 Town of Westlake Unified Development Code SECTION 8 CONDUCT OF PUBLIC HEARINGS 8.1 General Whenever a public hearing is held, written notice shall be mailed to the appropriate parties and notice shall be advertised in a newspaper of general circulation in the Town in accordance with the applicable requirements of the Local Government Code. If the Local Government Code does not provide notice requirements for a public hearing on a particular subject matter, written notice shall be mailed to all appropriate parties no later than ten (10) calendar days prior to the date of the public hearing . 8.2 Public Hearing Postponement, Recess, and Continuations A . A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin . B . A public hearing may be recessed and continued any time after the hearing has commenced. C . If a postponement or continuance of a public hearing is to a specific date and timP -.0 later than 6Q days from the first Or mnct -_;..x nt hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continue d shall be sufficient notice and no additional notice is required . D . Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance. E . In the event that any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one (1) time, an additional fee shall be required to cover the reasonable costs to the Town, including the cost of any additional advertising cost and the cost of the Town's consultants du e to the postponement. F . If the applicant is not present at a meeting where th e request is being considered and the request cannot be considered, then an additi onal fee, as described in 8 .2E above, shall also be required . 8 .3 Conduct of Public Hearing 16 February 1998 Subject to the presiding officer's inherent authority to con duct meetings. the public hearing shall generally be conducted as follows : A. Report by the Town representative : B. Presentation by the applicant: C . Testimony by parties supporting the application : D . Testimony by parties in opposition to the application: E . Rebuttal by the appli ca nt : F . Closure of the public hearing . Article II . Authority and Administrative Procedures Page 3 Town of Westlake Unified Development Code SECTION 9 PUBLIC HEARING -PLANNING AND ZONING COMMISSION 9.1 Planning and Zoning Commission Authority The Planning and Zoning Commission shall conduct a public hearing and make recommendations to the Board of Aldermen on the following matters: A. Text Amendments to the Unified Development Code . B. Zoning Changes and Map Amendments, including reclassification of the zoning designations on land, specific use permits. and planned developments . C . Site Plans for development. D. Amendments to the Comprehensive Plan . E. Amendments to the Thoroughfare Plan . F. Amendments to the Open Space Plan . G . Plats as required by Article XIII of this Code. H. Replats . when such public hearing is required by the provisions of Loca l Government Code Section 212 . 9.2 Commission Recommendation Upon the closure of the public hearing , the Planning and Zoning Comm iss ion sha ll make a recommendation to the Board on the subject appl ication. The Commiss ion may recommend : A. That the request or amendment be approved or enacted ; o r B. That the request or amendment be approved or enacted as mod ifi ed to a more restrictive classification or subject to appropriate cond itio ns as permi tt ed by law ; or C That the request or amendment be denied . SECTION 10 PUBLIC HEARING -BOARD OF ALDERMEN 10.1 Authority Page 4 The Board shall conduct a public hearing and make determ inations on the followin g matters A. Text Amendments to the Unified Development Code . B. Zoning Changes and Map Amendments. including reclassification of the zoning designations on land, specific use permits. and planned developments . C . Site plans for develoP,ment. D. Amendments to the Comprehensive Plan . E. Amendments to the Thoroughfare Plan . F. Amendments to the Open Space Plan . G . Variances . special exceptions and appeals . Article II. Authority and Administrative Procedures 16 February 1998 Town of Westlake Unified Development Code 10.2 Board Approval or Denial Following the closure of the public hearing, the Board may take the following actions : A. Approval of an Item. The Board may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for a text amendment to the Unified Development Code or a zoning change and map amendment shall be granted only if the Board determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of the Unified Development code . In the event the request or amendment concerns a text amendment to the Unified Development Code or a zoning change and map amendment. the Board shall enact an ordinance amending the Unified Development Code or amending the official Zoning Map, whichever is applicable . B. Denial of an Item. The Board may deny the request or amendment with prejudice . If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land. or any portion thereof, within one year only if the new request is for a more restricti_ve or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal. then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land. or any portion thereof for a period of one (1) year from the date of its denial by the Board . If a request or amendment is denied by the Board without an indication of "with" or "without" prejudice, then the action shall be considered to be "denied with prejudice . C. Denial Without Prejudice. The Board may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant's discretion . D. Reapplication Due to Changed Conditions. A proposal to rezone a tract or parcel of land which has been previously rejected by the Board may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event. the applicant must submit to the Town Planner, in writing, a resume describing such changed conditions . The Town Planner shall investigate the property or cause such an investigation to be made and shall report to the Planning and Zoning Commission whether or not such changed conditions exist. Upon hearing said report, the Planning and Zoning Commission shall either grant or deny the request to refile the proposal for rezoning . 10.3 Protest of Proposed Change in Zoning 16 February 1998 Property owners adjacent to and within a radius of two hundred (200) feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this two hundred (200) feet radius includes streets. alleys and other public right-of-way Whenever such written protest is signed by the owners of twenty (20) percent or more of the area of the lots or land included in such zoning change. or of the lots or land immediately adjoining the same and within the above mentioned two Article II . Authority and Administrative Procedures Page 5 Town of Westlake Unified Development Code hundred (200) feet radius, such change in zoning shall not become effective except by a favorable vote of three-fourths (3/4) of all the members of the Board . For purposes of detennining representation on said written protest. the written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all owners . 10.4 Criteria for Granting Special Exceptions The Board of Aldennen may make special exceptions to the standards in this code that are consistent with the general purpose and intent of the ordinance. The Planning and Zoning Commission shall make recommendations on Spec ial Exceptions. Special exceptions are subject to appropriate conditions and safeguards to ensure that the special exceptions are consistent with the general purpose and intent of this ordinance and the Town's Comprehensive Plan . The Board of Aldennen, pursuant to the powers conferred upon it by State law, the ordinances of the Town, and this Article may grant special exceptions to the provisions of this Code upon finding that: A. Such special exception will not substantially or pennanently injure the appropriate use of adjacent property in the same district; and B. Such special exception will not adversely affect the health, safety or general welfare of the public; and C . Such special exception will not be contrary to the public interest; and D. Such special exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the exception is sought is located. except as provided elsewhere in this code ; and E. Such special exception will be in harmony with the spirit and purpose of this ordinance; and F. Such special exception will not alter the essential character of the district in which is located the property for which the exception is sought; and G . Such special exception will not substantially weaken the general purposes of the zoning re£· ":~i cns established for the district in which the property is located ; and H. Such special exception is within the spirit and intent of the Town 's Comprehensive plan and other policies . SECTION 11 PLANNING AND ZONING COMMISSION Page 6 11.1 Creation and Membership There is hereby created a Planning and zoning commission for the Town of Westlake consisting of five (5) members . each to be appointed by the Board for a term of two (2) years and removable for cause . The terms of three (3) members shall expire in odd numbered years. and the terms of two (2) members shall expire in even numbered years . Each member shall continue to serve until their successors are appointed and qualified . Article II . Authority and Administrative Procedures 16 February 1998 Town of Westlake Unified Development Code 11.2 Powers and Duties The Planning and Zoning Commission shall have the following powers and duties: A . To serve as an advisory body to the Board of Aldermen concerning adoption of or amendments to the zoning regulations and zoning map and to make recommendations thereon; B. To advise the Board and make recommendations concerning adoption of, or amendments to the Town's Comprehensive Plan, Thoroughfare Plan, and Open Space Plan and implementation thereof; C . To oversee the Town's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the Board on matters pertaining to public improvements, traffic. utility extensions and the provision of public facilities and services, in order to implement the Town's Comprehensive Plan ; D . To undertake such actions as are necessary to exercise its delegated powers. as indicated by adopted ordinance; E. To approve certain matters relating to platting and recording of subdivisions as dictated by the Town's ordinances and this Code . F . To select a Planning and Zoning Commission Chair. G . To call public hearings to initiate zoning changes . SECTION 12 BOARD OF ADJUSTMENT 12.1 Organization The Board of Aldermen shall sit as the Board of Adjustment for the purposes of this Section . 12.2 Procedures A. Adopting Procedural Rules. The Board of Adjustment. by majority vote. shall adopt such procedural rules as are necessary to execute its duties . B. Quorum. All cases before the Board of Adjustment must be heard by at least four members . C. Calling Meetings. Meetings of the board shall be held at the call of the Chairperson, and at such other times as the board may determine . Such Chairperson , or in his/her absence the acting chairperson, shall administer oaths and compel attendance of witnesses . D. Meetings Open to the Public. All meetings of the board shall be open to the public. E. Keeping of Minutes. The board shall keep minutes of its proceedings showing the vote of each member upon each question . or if absent or failing to vote . indicating such fact . and shall keep records of its other official actions . all of which shall be filed in the office of the board and shall be a public record . 12 .3 Jurisdiction 16 February 1998 When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially Article II. Authodty and Administrative Procedures Page 7 Town of Westlake Unified Development Code or permanently injured, the Board of Aldermen may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established . A. Appeal of an Administrative Decision. Consider an appeal from any person aggrieved by a decision of any administrative officer with authority over any matter regulated by this Unified Development Code or by any officer, department, board or division of the Town affected by any decision of the administrative officer. Such appeal shall be taken, within fifteen (15) calendar days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board of Aldermen a notice of appeal specifying the grounds therefor, tendering with such notice the amount in accordance with the Town's fee . The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken . An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board. after the notice of appeal sh~ll have been filed with such officer, that h" ;:c;son of facts stated in the certificate, that a stay would, in such officer's opinion . cause imminent peril to life or property . In such case. proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of competent jurisdiction on application, and notice to the officer from whom the appeal is taken . B. Odd Shaped Parcels. Permit such modifications of the height. yard , area . coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the d is tr ic t by being of such restricted area. shape, or slope that it cannot be appropriate ly developed without such modification . C. Non-Conforming Use. Permit the expansion or enlargement of a build ing occupied by a non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent thP. return of such property to a conforming use . Upon review of the facts, the Board may establish a specific period of time for the occupancy to revert to a conforming use . D. Change of Non-Conforming Use. To authorize a change of use from one non - conforming use to another non-conforming use, provided that such change is to a use of the same or more restricted classification . In the event that a non - conforming use is changed to a non-conforming use of a higher or more restrictive classification. the building or structure containing such non-conforming use shall not later be reverted to the former lower or less restricted classification . The Board may establish a specific period of time for the conversion of the occupancy to a conforming use . E. Discontinuance of a Non-Conforming Use. Require the discont inuan ce of non -conforming areas of land or structures under any plan whereby th e full valu e of the structure and facilities can be amortized within a definite period of tim e. taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Code Town of Westlake Unified Development Code 1. All actions to discontinue a non-conforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated non-conforming use and the conservation and preservation of property . 2. The Board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuance or maintenance of any non-conforming use within the Town . F. Structure for a Legal Non-Conforming Use. Permit the construction. reconstruction. enlargement or addition of a structure occupied by or for a use, normally ancillary to a single family residential use, when such single family residential use or structure, is legally non-conforming provided, however. such construction, reconstruction. enlargement or addition does not prevent the return of such property to a conforming use . G. Non-Conforming Structure. To authorize the reconstruction and occupancy of a non-conforming structure, or a structure containing a non-conforming use, where such structure has been damaged by fire or other causes to the extent of more than fifty (50) percent, but less than the total. of the replacement cost of the structure on the date of the damage. Such action by the Board of Aldermen shall have due regard for the property rights of the person or person affected, and shall be considered in regard to the public welfare. character of the area surrounding such structure, and the conservation . preservation and protection of property. H. Expansion of a Non-Conforming Structure. To authorize the enlargement, expansion or repair of a non-conforming structure in excess of fifty (50) percent of its current value . In such instance, current value shall be established at the time of application for a hearing before the Board . If such expansion or enlargement is approved by the Board, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel. I. Occupation of an Abandoned Non-Conforming Structure . To authorize the occupance of an abandoned non-conforming structure . Such action by the Board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character or the area surrounding such structure, and the conservation, preservation and protection of property . J. Violation of Other Ordinances. The Board is not authorized to permit or approve any request that would be in violation of any other ordinances or Town regulations that would prohibit such improvement or construction to be made. 12.4 Criteria for Granting Variances 16 February 1998 The Board of Aldermen, acting as the Town's 8oard of Adjustment . pursuant to the powers conferred u~on it by State law. the ordinances of the Town. and this Article may grant variances to the provisions of this Code upon finding that A. Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district: and B. Such variance will not adversely affect the health . safety or general welfare of the public: and Article II. Authority and Administrative Procedures Page 9 Town of Westlake Unified Development Code Page 10 C. Such variance will not be contrary to the public interest; and 0 . Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located, except as provided in Section 12 .3 ; and E. Such variance will be in harmony with the spirit and purpose of this ordinance; and F . Such variance will not alter the essential character of the district in which is located the property for which the variance is sought; and G . Such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and H. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship. I. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property . including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located; and J . The variance or exception is not a self-created hardship . K. The variance is clearly identified as a variance to the Town's standards on the Concept Plan, Site Plan or text of the zoning ordinance . 12.5 Actions of the Board A. In exercising its powers. the Board, may, in conformity with the provisions of the Local Government Code, revise or reform. wholly or partly , or may modify the order. requirement, decisions, or determination appealed from . and shall hav e all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. B. The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirements, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to affect any variance in said ordinance. C . Any special exceptions authorized by the Board, either under the provisions of this Code. or under the authority granted to the Board under the statutes of the State . shall authorize the issuance of a building permit or a certificate of occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the Board, unless said Board in its minutes shall, at the same time . grant a longer period . 0 . If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived : and all rights thereunder terminated The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown . Article II . Authority and Administrative Procedures 16 February 1996 Town of Westlake Unified Development Code E. Such termination and waiver shall be without prejudice to a subsequent appeal to said Board in accordance with the rules, and regulations regarding appeals. 12.6 Appeals on Same Matter No appeal to the Board of Aldermen shall be allowed concerning the same matter prior to the expiration of six (6) months from a ruling of the Board on any appeal to such body unless other rulings on the same or similar subject matter have. within such six-month period , been altered or changed by ruling of the Board, in which case such change of circumstances shall permit the allowance of an appeal, but shall in no way have force in law to compel the Board, after a hearing , to grant such subsequent appeal, but such appeal shall be considered on its merits as in all other cases . 12.7 Effective Date A decision on a variance shall be effective upon approval by the Board . 12.8 Appeal from Board Any person aggrieved by any decision of the Board of Aldermen or any officer. department. or board of the municipality pursuant to this Section. may present to a court of competent jurisdiction, a petition, duly verified, setting forth-t~at such decision is illegal, in whole or in part, and specifying the grounds of such illegality . Such petition shall be presented to the court w ithin ten (10) days after the filing of the decision complained of in the office of the Town Secretary and not thereafter . SECTION 13 TOWN PLANNER 1 ,::. S:ohn1 1 n.1 1 00 Q A. Qualifications. The Town Planner must be a me m be r in good standing of AICP, AIA or PE . B. Powers and Duties. The Town Planner shall have the following powers and duties : 1. To make recommendations and provide assi stan ce to the Board of Aldermen and Planning and Zoning Comm ission concerning exercise of their responsibilities under the Unified Development Code ; 2 . To develop and recommend to the Planning and Zoning Commission. and the Board of Aldermen . a Comprehensive Plan fo r th e Town or any amendments to the Plan and to propose actions to implem e nt the Plan ; 3. To coordinate all planning relating to the Town 's Comprehensive Plan ; 4 . To submit recommendations to the Planning and Zoning Commission and Board on request for zoning changes. variances and exceptions . 5 . To render suc;h administrative decisions as are required of the Town Planner by this Code ; 6 To perform such other duties as may be pre scribed by ordinance or directed by the Board of Aldermen or Planning & Zoning Commission . Town of Westlake Unified Development Code SECTION 14 CHIEF BUILDING OFFICIAL A. Qualifications. The Chief Building Official must be a licenses architect or engineer in good standing . B . Powers and Duties. The Chief Building official shall have the following powers and duties : 1. To issue permits in accordance with this Code; 2 . To issue Certificates of Occupancy in accordance with this Code : 3. To enforce the provisions of this code; 4 . Such other powers and duties as may be lawfully delegated . The Board of Aldermen may designate the Town Engineer to perform the duties of the Chief Building official. SECTION 15 PROCEDURE IN PLANNING AND ZONING CASES/ADDITIONAL INFORMATION SUBMITTED New matters of evidence not present to the Planning and Zoning Commission sh all not be heard or considered by the Board in its public hearings related to amendments to the zoning ordinance and maps to the Town . In the event new evidence develops between the date of the hearing by the Planning and Zoning Commission and the hearing of the Board on any zoning change. or if for any other valid reason a person wishes to present evidenc e to the Board which had not been presented to the Planning and zoning Comm iss ion , the Board shall refer the case back to the Planning and Zon ing Commission for furth er hearings to consider the new evidence . Nothing contained herein shall be construed to prohibit anyone from sp eaki ng in th e pub li c hearing related to changes in zoning . SECTION 16 COMPUTATION OF TIME Page 12 Unless otherwise specifically provided, the time within which an act is to be do ne shall be computed by excluding the first and including the last day . If the last day is a Saturday , a Sunday or a legal holiday as observed by the Town of Westlake . tha t day shall be excluded . Whenever a person has the right , or is required to perform some act within the prescribed period after the service of a notice or other pa pe r upon him. and the notice or paper is served by mail. three calendar day s shall be added to the prescribed time unless otherwise specifically prov ided Article 11 . Authority and Administrative Procedures 16 February 1996 ARTICLE Ill. ZONING DISTRICTS AND MAPS Town of Westlake Unified Development Code SECTION 1 ZONING MAP ............................................................................................................... 1 1.1 Official Zoning Map ...................................................................................................... 1 SECTION 2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES .............................. 2 2.1 Boundaries ................................................................................................................... 2 SECTION 3 PURPOSE OF ZONING DISTRICTS ........................................................................... 3 3 .1 Residential Districts ...................................................................................................... 3 3 .2 Commercial Districts .................................................................................................... 3 3.3 Planned Development Districts ................................................................................... .4 SECTION 4 REGULATIONS APPLICABLE TO ALL DISTRICTS ................................................. 4 4.1 General Regulations .................................................................................................... 4 SECTION 5 LISTING OF APPROVED PLANNED DEVELOPMENTS ........................................... 5 SECTION 6 LISTING OF APPROVED SPECIFIC USE PERMITS ......................................... 5 SECTION 7 ZONING UPON ANNEXATION .................................................................................. 5 September 23, 2002 Article Ill. Zoning Districts and Maps Table of Contents Page i Town of Westlake Unified Development Code D. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance . E. The original reproducible tracing of the Official Zoning Map shall be located in the Office of the Town Secretary in the Town Hall and shall be the final authority as to the current zoning status of land and water areas , building and other structures in the Town of Westlake . F . The Board of Aldermen may by resolution adopt a new Official Zon ing Map should the original reproducible tracing of the Official Zoning Map be damaged , destroyed, lost or become ambiguous because of the nature or number of changes and additions . The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map , but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words : "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Unified Development Code of the Town of Westlake , Texas ." G . Unless the prior Official Zoning Map has been lost, or has been totally destroyed , the prior map or any significant parts thereof remaining , shall be preserved , together with all available records pertain ing to its adoption or amendment. SECTION 2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Page 2 2.1 Boundaries Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map , the following rules shall apply : A. Boundaries indicated as approximately following the center lines of streets, highways , or alleys shall be construed to follow center lines ; B. Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines ; C . Boundaries indicated as following Town limit lines shall be construed as following such Town limits ; D. Boundaries indicated as parallel to or extensions of features indicated in Subsections a . through c . above shall be so construed. Distances not specifically indicated on the Official Zon ing Map sha ll be determ in ed by the scale of the map ; E. Where physical or cultura l features ex isting on the ground are at variance with those shown on the Official Zoning Map , or in other circumstances not covered by Subsections A. and B. above , the Board shall interpret the district boundaries . Article Ill. Zoning Districts and Maps September 23 , 2002 Town of Westlake Unified Development Code SECTION 3 PURPOSE OF ZONING DISTRICTS Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the Town as follows: 3.1 Residential Districts "R-5", Country Residential District : This district is intended to be composed of single family dwellings on lots measuring a minimum of five (5) a_cr eE_(.?_1 ?.?_09 sq ._ _____ __ ft .} exc ludin g ·air required publlc.dedlc:atioris "(lnC:Tudin.g but not lim ited . to) rights-of- way, parks and open spaces . Country Residential districts are intended to provide an opportunity for rural character residential development. It may also be used in areas with steep topographic changes in order to minimize alteration of the terra in. "R-2", Rural Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of two (2) acres (87 , 120 sq . ft.) excluding all required public dedications (including but not limited to) rights -of- way, parks and open spaces. Rural Res idential districts are intended to provide an opportunity for rural residential character. It may also be used in areas with steep topograph ic changes in order to minimize alteration of the terrain . "R-1", Estate Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of one (1) acre (43 ,560 sq . ft .) for the subdivision excluding all required public dedications (including but not limited to) rights-of-way , parks and open spaces . Such developments offer the ability to develop at a higher density without compromising the rural resident ial character of the Town . "R-0.5", Neighborhood Residential: This district is intended to be composed of single family dwellings on lots measuring a minimum of a half acre (21,780 sq . ft .) excluding all required public dedications (including but not limited to) rights-of-way , parks and open spaces . It is intended to be applied to relatively flat land where bu ilding s ites may be created without the use of retaining walls and the removal of significant amounts of vegetation or mature trees . "MF", Multi-Family Residential District: This district is intended to allow for multi- family residential development in areas where additional requirements fo r streets , utilities , drainage , open space and landscaping are met. This dist rict requires approval of a site plan prior to development. 3.2 Commercial Districts September 23 , 2002 "LR", Local Retail District: This district is a retail category intended to serve local residents and businesses . The "LR" District occurs most often at limited corner locations at intersections of major thoroughfares . Off-street parking requ irements are set out for business establishments in this district, as are the requirements for lot coverage . "O", Office Park District: The purpose and objective of this classification and its application is to allow planned office parks consis t ing of office bu ildings for business and profess ional use , research and development complexes, and buildings for accessory uses . Off-street parking and lot coverage requirements are set out in this district. "0-H", Office Park -Hotel District: This district is very similar to the "O" District , but permits hotels and motels, conferencing centers and training facilities , and restaurants in addition to office bu ildings . Article Ill. Zoning Districts and Maps Page 3 Town of Westlake Unified Development Code "Oil", Office Industrial District: The purpose of this classification is to establish industrial areas of high operational development and environmental standards. Because there will be significant neighboring residential and office park development, the district permits offices and industrial uses that are predominantly light in character, have their operations conducted wholly within buildings, minimize traffic congestion, noise, glare, air pollution, fire and safety hazards, and are compatible with adjacent land uses. 3.3 Planned Development Districts "PD", Planned Development District: The purpose of the Planned Development District is: • To provide for a superior design of lots or buildings; • To provide for increased recreation and/or open space opportunities for public use; • To provide rural amenities or features that would be of special benefit to the property users or community; • To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds , floodplains, slopes or hills and viewscapes ; • To protect or preserve existing historical buildings, structures , features or places; and • To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services . 3.4 Governmental Use Districts • The "GU" Governmental Use District is established to apply to those lands where national, state, or local governmental activities are conducted and where governments or their duly created instrumentalities hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan . SECTION 4 REGULATIONS APPLICABLE TO ALL DISTRICTS Page4 4.1 General Regulations The following regulations shall apply to all zoning districts listed in Article Ill and hereinafter defined in this Article . A. No land or building shall be used or intended for any use other than those permitted in the district wherein such land or building is located . B. No building shall be erected , reconstructed, enlarged, structurally altered , or moved in such manner as to evade conformity with height, bulk, yard, lot area , use, and other regulations for the district wherein such building is located . C. No yard provided adjacent to a building for the purpose of complying with provisions of this zoning code shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot. Article Ill. Zoning Districts and Maps September 23, 2002 • • Town of Westlake Unified Development Code D. No street or walkway shall serve as any part of a required yard or minimum lot area although street rights of way and open space may be used in determining allowable units per acre in residential subdivisions . SECTION 5 LISTING OF APPROVED PLANNED DEVELOPMENTS Planned Developments that have been approved and appear on the zoning maps are referenced by a Planned Development Number (PD#) and the zoning district classification and/or uses authorized by the particular zoning case . The listing of approved Planned Developments will be documented in Appendix A of this Code. SECTION 6 LISTING OF APPROVED SPECIFIC USE PERMITS SECTION 7 .:>eptember 23 , 2002 Specific Use Permits that have been approved shall be referenced by a Specific Use Number (SUP#) and the type of use authorized by those permits. The listing of approved Specific Use Permits will be documented in Appendix B of this Code. ZONING UPON ANNEXATION Any territory annexed into the Town shall be zoned at the same time or within sixty (60) days of annexation , and shall follow the procedures for re-zoning which are established in this development code . If the property is not zoned at the time of annexation, the Town shall not grant any permits authorizing construction or development of the property until the ordinance zoning the property and amending the Official Zoning Map has been enacted by the Board of Aldermen . Article Ill. Zoning Districts and Maps Page 5 ---- SECTION 1 1.1 SECTION 2 SECTION 3 3 .1 3 .2 3 .3 3.4 3.5 3.6 SECTION 4 4 .1 4.2 4 .3 SECTION 5 5 .1 SECTION 6 6 .1 6.2 6.3 6.4 6 .5 6.6 SECTION 7 7 .1 7 .2 7.3 SECTION 8 SECTION 9 9 .1 SECTION 10 SECTION 11 SECTION 12 12.1 12 .2 ARTICLE IV. PERMISSIBLE USES Town of Westlake Unified Development Code LAND USE SCHEDULE ................................................................ 3 Use of Land and Buildings .............................................................. .4 ACCESSORY USES AND STRUCTURES ........................................ 4 SPECIFIC USE PERMITS (SUP) ................................................... 4 Filing of an Application .................................................................. .4 Purpose ...................................................................................... 4 Authority ..................................................................................... 4 Termination of Specific Use Permit. .................................................. 5 Procedures .................................................................................. 5 Amendments to Approved SUPs ...................................................... 6 FLOOD PLAIN AREAS ................................................................. 6 Permitted Uses ............................................................................ 6 Dumping, Excavating or Filling Floodpla in .......................................... 6 Local Flooding May Occur in Other Areas .......................................... 6 TEMPORARY STRUCTURES ......................................................... 7 Conditions ................................................................................. 7 WIRELESS COMMUNICATIONS FACILITIES .................................. 7 Purpose ...................................................... , .............................. 7 Definitions ................................................................................... 7 General Regulations ..................................................................... 8 Permit Requirement. .................................................................... 10 Resident ial Zoning Districts ............................................................ 13 Non -Residential Zoning Districts ...................................................... 14 FARM ANIMALS AND HORSES ..................................................... 16 Grazing Animals ........................................................................... 16 Other An imals .............................................................................. 16 General Conditions ....................................................................... 16 SERVANTS/CARET AKERS QUARTERS .......................................... 16 TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS AND VISITORS ........................................................................... 16 Temporary Accommodat ions ........................................................... 16 UTILITY DISTRIBUTION LINES ...................................................... 17 ACCESS TO ROADWAYS ............................................................. 17 NEW AND UNLISTED USES .......................................................... 17 Review ....................................................................................... 17 Conditions ................................................................................... 17 Town of Westlake Unified Development Code SECTION 13 PRIVATE WATER WELLS ............................................................ 17 SECTION 14 WIND TURBINES ........................................................................ 18 December 13, 2004 Article IV. Permissible Uses 2 Town of Westlake Unified Development Code ARTICLE IV. PERMISSIBLE USES SECTION 1 LAND USE SCHEDULE 1.1 Use of Land and Buildings Buildings, structures and land shall be used on ly in accordance with the uses permitted in the following "Land Use Schedule ," subject to all other applicable requirements of this ordinance including Article V Zoning District Development Standards . A. The symbol "X" shall mean that the use is permitted as a principa l use in that zoning district by right. B. The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obta ining a "Specific Use Perm it" as set forth in this Article . C . The Symbo l "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered anc illary to the pri mary use . D . The symbol "Yes" in the column titled "Site Plan" shall mean that s ite plan approval is required prior to issuance of a Building Permit, subject to the requirements of Article XII Zoning-Related Applications , Section 4 Required Site Plan. E. An asterisk(*) indicates that the use has specia l standards or requirements listed in this section , which it must meet in order to be allowed . F. A blank square shall mean that the use is not allowed in that zon ing district as a principal use . Westlake Land Use Schedule December 13 , 2004 Article IV . Permiss ibl e Uses 3 WL -LAND USE SCHEDULE SF Residential Permitted Uses Gov. Commercial R-5 R-2 R-1 R-0.5 X=Perm itted ,A=Accessory Use ,S=SUP GU MF LR 0 0-1 : : :::::::::: AGRICULTURAL USES :: :::: 1:::::u::: 1::::::: :: 1:::::::::::: x x x x Orchard x x x x x x x x x Plant Nursery (Growing) x x x x x Plant Nursury (Retail Sales) x x x Farms General (Crops) x x x x Farms General (Livestock , Ranch) x x x x Veterinarian {Indoor Kennels) x Veterinarian (Outdoor Kennels) s s Stables (Private, Principal Use) s s x x x x Stables (Private , Accessory Use) Stables (As a Business) s s 1::::::::::::::: 1::::u::::::n ,1:[:J[!/!!i RESIDENTIAL USES : ::::::::::: x x x x Single Family Detached s Single Family Zero Lot Line x Single Family Attached x Duplex x x x x x Home Occupation A A A A Servants/Caretakers Quarters* A A A A Temporary Accommodation for A A A A Employees/CustomersNisitors* INSTITUTIONAL and : : : : : : : : : : : : : : : 1:::H::: = , GOVERNMENTAL USES : .. ::::::::::: ::u:::::: :::::::::::: :::::::/: : Emergency Ambulance Service x x x Post Office (Governmental) x x x Mailing Service (Private) x x x Hel iport A s Helistop A s s s s s s Telephone Switching Station x x x x Electrical Substation s s s x x x x Utility Distribution Lines * x x x x Utility Shop and Storage x s s x x x x x Sewage Pumping Station x x x x Water Storage Tank {Elevated or x s s s Ground) Retirement Home x x Nursing/Convalescent Home x x Hospice x x x Hospita l x x x Psychiatric Hospital s x x Clinic s x x x x x x x Child Daycare (7 or more)* x A x x x s s s s School , K-12 (Public or Private)* x x x x s School (Vocational) x s x x x College or University s x x x 9/23/2002 I Page 1 WL -LAND USE SCHEDULE SF Residential Permitted Uses Gov. Commercial R-5 R-2 R-1 R-0.5 X=Perm itted ,A=Accessory Use ,S =SUP GU MF LR 0 0-1 Community Cente r x x x x x Civic Club x x x x x s s s s Church or Place of Worship* x x x x s s s s Use Associated to a Relig ious Inst. A x x x Government Building x x x x x Police Station x x x x x s s s s Fire Station x x x x x Library x x x x x s s s s Private Water Wells * s s s s s i=::::::::::H 1:::::::/::: i:::::::/::: COMMERCIAL USES H::::/:: !:' ::: l:j :: :: ::: :: Multifamily (Apartments) x Offices (General) x x x Studio x x x Banks and Financ ial Institutions x x x Information Processing x x Hote l/Mote l w ith Conferencing Facil. . s x s x Laundry/Dry C leaning (<3 ,000 s.f.) x x Laundry/Dry Clean ing (Drop/Pick) x x x Shoe Repa ir x A A Beauty Parlor/Barbershop x A x Clothing Store x x Quick Copy/Duplicating Services x A x Personal Services x x x Grocery x Convenience Store x A x Service Station x x Drug Store x A x Variety Store x Bakery Sales x Stationary Store x A Antique Shop x Art Gal lery x x A Hardware Store x x Sporting Goods x Paint and Wallpaper x x Cloth Store x Retail Stores -General x A (Excluding Second Hand Goods) Restaurant/Cafe (GU not for profit) A s s s Restaurant/Cafe w ith Private Club s x Auto/Truck Parts and Accessor ies s x Household Furniture/Appliances x x 9/23/2002 I Page 2 WL -LAND USE SCHEDULE SF Residential Permitted Uses Gov. Commercial R-5 R-2 R-1 R-0.5 X=Perm itted ,A=Accessory Use ,S=SUP GU MF LR 0 0-1 :::::uu i=:://H H/// l//HH AMUSEMENT /RECREATION >>> >>> ::::::::::: >>> /}} x x x x Golf Course (Public or Private) x x x x x x x x Park o r Playground x x x x x See Art. IV Sec. 6 W ireless Communications Facil ity See Art . IV Sec. 6 Non-Commercial Rad io Tower s s s Race Track Operation s Recreation Facility, Health Studio x x x x x s s s s Country Club (Private Membership) x x x x s s s s Tennis , Basketball Ct ., etc . lighted s s s s s x x x x Tennis , Basketball Ct ., etc . unlighted x x x x x ,: ) : ~ : )!'!!! : AUTO SERVICES : : ~ :: : : : i:'': T )! !:'~:::::::: " Truck/Trailer Rental ; s x Auto Body Repair s Auto Mechanical Repair s x Quick Lube/O il Change x x Vehicle Ma intenance ·(Private) x x x ::::: :: : : ::> WHOLESALE TRADE : } :::::::::: ::::::::::: :::::::::: :::::::::::: Warehouse/Storage {Inside) x Warehouse/Storage (Outside) s Scrap/Waste Recycling Collection s and/or Storage Gas/Chemica l Bulk Storage s Light Manufacturing/Assembly s s x Appare l Manu f acturing x Packag ing and /or Dist ribu ti on x Printing , Engraving and re lated x Reprod uct ive Services Distribution of Books/Other Printed x Material Machine Shop s Welding Shop s s s s s Temporary Batching Plant* s s s s (*) Sign ifies Uses with spec ia l guidelines see Section [Specia l Uses] 9/23/2002 I Page 3 Town of Westlake Unified Development Code SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land , shall be permitted as an accessory use w ithout being separately listed as a permitted use . SECTION 3 SPECIFIC USE PERMITS (SUP) 3.1 Filing of an Application A. Pre-application Conference. 1. An applicant for a SUP is encouraged to request a pre-appl icat ion conference with a Town official or the Town Planner prior to formal application . 2 . At the pre-application conference the applicant should present as much detail as possible. 3 . Based on the information presented , the Town representative will provide initia l comments concerning the merits of the proposed SUP and inform the applicant of any additional requirements for preparation of the formal SUP application. B. Application Requirements. No application shall be reviewed which is not complete and accompanied by the payment of fees as established in this Code or other ordinances of the Town of Westlake . All applications shall be filed with the Town on forms available in the Town of Westlake offices. C. Timing. Applications for Special Use Permits shall be submitted at least one month prior to the first scheduled hearing date . 3.2 Purpose The purpose of the Specific Use Permit (SUP) process is to identify those uses which might be appropriate within a zoning district, but due to e ither their locational, functional or operational nature , could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts. 3.3 Authority A . The Board of Aldermen , pursuant to the procedure establ ished in Article II Authority and Administrative Procedures , and after recommendations by the Town Planner and the Planning and Zoning Commission , may authorize issuance of a Specific Use Permit for any of the uses indicated in the Land Use Schedule in this Article . B. The Board of Aldermen may, in the inte rest of the public welfare and to assure compliance with this ordinance , establish condit ions of operation , location, arrangement and construction of any authorized special use . In approving any specific use , the Board may impose such development standards and December 13 , 2004 Article IV . Permiss ible Uses 4 Town of Westlake Unified Development Code safeguards as conditions warrant for the welfare and protection of adjacent properties, and citizenry as a whole as it may be affected by this use . C . A Specific Use Permit shall not be requested, approved or conditionally approved as a substitute for rezoning when rezoning the property in question would be appropriate under this Code . 3.4 Termination of Specific Use Permit A . All Specific Use Permits approved in accordance with the provisions of this ordinance in its original form or as hereafter amended shall automatically terminate upon cessation of the use for a period of one hundred twenty (120) days . Term ination of use shall be determined to be the earliest date that any of the following occur: 1. Disconnection or discontinuance of water and/or electrical services to the Specific Use Permit zoned structure, lease space, lot or tract. 2 . Abandonment of the Specific Use Permit zoned structure, lease space, lot or tract of land . For the purpose of this paragraph, "abandoned" shall mean to surrender occupancy by vacating or ceasing to operate or inhabit subject property . B. Any Specific Use Permit granted by the Board shall automatically terminate if a Building Permit has not been obta ined on the premises within one year from the date the ordinance granting the Specific Use Perm it is adopted. C. On any tract of land for which a Specific Use Perm it has been granted and the use has ceased as of the date of this ordinance, such Specific Use Permit shall automatically terminate three months after the adoption of this ordinance unless the use has been reinstated by that time . 3.5 Procedures A. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall give appropriate notice and hold a public hearing . Each SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare . Recommendation in accordance with Article II Section shall be forwarded to the Board of Aldermen . B . Action by the Board of Aldermen. The Board shall give appropriate notice and hold a public hearing. Each SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the Board finds appropriate. The Board shall not grant a SUP for a use except upon a finding that the use will : 1. Complement or be compatible with the surrounding uses and community facilities; 2 . Contribute to, enhance or promote the welfare of the area of the SUP and adjacent properties ; 3 . Not be detrimental to the public health, safety or general welfare; and December 13 , 2004 Article IV . Permissible Uses 5 • Town of Westlake Unified Development Code 4 . Conform in all other respects to all applicable zoning regulations and standards. 3.6 Amendments to Approved SUPs Amendments to an approved SUP are subject to the procedures established in 3 .5 of this Article. Section 4 Flood Plain Areas 4.1 Permitted Uses The following uses shall be permitted within that portion of a district which is designated as being within a Floodplain by the Town Engineer, provided they are allowed in the underlying zoning, and that they meet any additional requirements established in Article XIV Floodplains and the City's Floodplain Regulations : A. Agriculture. Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry. B. Uti lities. Loca l utilities C. Parks and Recreation. Public or private parks, community centers , playgrounds , public golf courses. D. Private Recreation. Private commercial open area amusements such as golf courses , driving ranges , archery courses and similar uses when approved by a · Specific Use Permit. E. Private Open Space. Private open spaces as part of a Planned Development (PD) District, provided such use does not interfere with the continuity of the Towns Open Space System . 4.2 Dumping, Excavating or Filling Floodplain Any dump, excavation, storage or filling operation within that portion of a district having a Floodplain designation shall require a permit , which must be approved by the Board of Aldermen, before such operation is begun . However, if those operations in the floodplain were specifically approved as part of a site plan approval by the Board of Aldermen , then a permit may be issued by the Town Engineer. 4.3 Local Flooding May Occur in Other Areas The fact that land or property is or is not within a district having a Floodplain designation shall not constitute assurance that such land or property is not subject to local flooding and the designation of Floodplain in this ordinance shall not be so interpreted . December 13, 2004 Article IV. Permissible Uses 6 Town of Westlake Unified Development Code SECTION 5 TEMPORARY STRUCTURES 5.1 Conditions A Temporary Structure is one which is used for a limited period of time . It may be manufactured on-site or off-site , but is temporary in nature, and only used until a permanent structure can be constructed or refurbished . All Temporary Structures shall be required to comply with the following : A. Permits. No temporary structure may be constructed on site , or brought on site until a Building Permit for its construction and siting has been issued . B. Time Limit. The time limit for all Temporary Structures shall be ninety (90) days; except for on -site construction offices which shall be limited to the time required for the actual on-site construction of the structure or facility , or one year , whichever is less. Any further extension shall require Board approval. SECTION 6 WIRELESS COMMUNICATIONS FACILITIES 6 .1 Purpose Certain wireless equipment used in transmitting and rece iving signal energy are essential to modern communication and are therefore deemed to promote the health, safety and general welfare of the citizens of the Town of Westlake . Regulations contained herein were created to ensure that the placement of this wireless equipment shall be such that the health , safety, welfare and aesthetic quality of the community are not comprom ised . It is also the purpose of these regulations to ensure that the residents by afforded access to communication technology. Compatibility with the existing community and future development is one of the foremost public concerns when siting wireless equipment; therefore the regulations governing the location of such equipment shall consider the quality of life of the community to be of equal importance to the health , safety, and general welfare of the community . 6.2 Definitions The following definitions shall apply : Antenna means a device used in communication which transmits or rece ives radio signals . Antenna, Microwave (also known as dish antenna) means a dish-shaped antenna used to link communications sites together by wireless transmission of voice or data , utilizing electromagnetic radiation frequencies from 3 GHz to 300 GHz , and using relatively low transmitter power levels compared to other forms of transmission. Antenna, Panel (also known as directional antenna) means an antenna or array of antennas designed to concentrate a radio signal in a particular area . Panel antenna are typically flat, rectangular devices approximately six square feet in size. Antenna, Satellite Receive-Only means an antenna that enables the reception of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as satellite dishes , televis ion receive- December 13 , 2004 Article IV . Permissible Uses 7 Town of Westlake Unified Development Code only antennas , dish antennas , parabolic antennas or satell ite earth stat ion antennas. Antenna, Structure Mounted means an antenna attached to an exist ing structure , including : (1) roof-mounted , in which an antenna is placed on the roof of a building, (2) building-mounted , in which an antenna is attached to the side of a building , and (3) mounting to another structure , in wh ich an antenna is attached to something such as a water tank , billboard , church steeple , electrica l transmission tower, etc. Antenna, Television means an antenna attached to a structure for the pu r pose of receiving televis ion transm issions , which are not direct satellite transm issions. The antenna may be mounted on the roof of a structure , mounted in the attic of a structure , or mounted on a pole that is attached to the structure . Antenna, Whip (also known as omni directional antenna) means cylindrically shaped antennas that have diameters between 2 and 6 inches and measure between 1 and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vert ica l plane . Collocation means the act of locating wireless commun ications equipment owned or used by more than one prov ider on a s in gle w ireless communications facility . Equipment Storage Building means a small , unmanned single story building typically less than 500 squa re feet in size used to house radio transmitters and related equipment. Lattice Towers means a tower having 3 or 4 support legs that is capable of holding a variety of antennas . Monopole means a wireless communications facility composed of a s in gle spire used to support communications equipmen t or other vis ib le items. No guy wires are used or permitted . · Stealth Facility means a w ireless commun ications facility that is virtua ll y unidentifiable to the surrounding neighbo rh ood , which although present is camouflaged to conceal the presence of telecommunications antennas. Stealth facilities may include totally enclosed antennas, wireless communication facilit ies that replicate or duplicate the construction of common structures such as a man made tree, clock towe r, church steeple , bell tower, utility pole , light standard , identificatio n pylon, flagpole , and other camouflaged wireless communication facilities that are constructed to blend into the surrounding environment. Tower means any columnar , guyed structure more than 35 f eet in height that is used to support antennas , or other visible items . Wireless Communications Facility means any structure , monopole , tower, or lattice tower constructed specifically to support antennas , including any accessory communications equipment located at the base of the facility. A wireless commun ications facility shall , by definition , conta in only 1 tower or monopole structure . 6.3 General Regulations A wi reless communications facility shall have only the number and s iz e of antennas attached to it that are allowed by the wireless communicat ions facility manufacturer's des igns and specifi cations for maximum wind load re q uirem ents . Documentation December 13, 2004 Article IV . Pe rmi ss ible Uses 8 Town of Westlake Unified Development Code shall be provided to the Town at the time of the SUP appl ication for wireless communication facilities . A. SUP Requirement. Unless otherwise provided in this Section 6 , all wireless antenna facilities shall require an SUP . 8 . Location 1. Wireless communication facilities shall not be permitted in any easement unless the holder of such easement has provided wr itten permission . A copy of such written permission shall be submitted w ith the application for a building permit or Specific Use Perm it (SUP), if required . An authorization letter from the holder of the easement providing for the applicant to act as agent for the wire less communications facility application is acceptable . 2 . No part of an antenna , w ireless communications facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna , wireless communications facility , or attachment unless written permission from affected property owners is submitted to the Town . C. Lights. No auxil iary or outdoor light ing above 20 feet shall be allowed on wireless communicat ion facilities, except lighting that is required by the Federal Aviation Administration (FAA) or the Federa l Communications Commission (FCC), or lighting that is a function of a light pole or structure erected for that purpose . No lights other than those requ ired by the FAA or FCC sha ll di rect light off the lot on wh ich the w ireless communications fac ility is located . D. Maintenance. Antennas or wireless communicat ion fac ilities wh ich are not obviously in use or which are obviously in need of maintenance ,·as determ ined by the Town Manager or his designee , shal l be removed or repaired within 30 days following notice given by the Town Manager or his designee. This shall nor preclude immediate action by the Town Manager or his designee to safeguard life , limb , hea lth , property, and publ ic we lfare . The owner shall remove antennas or wireless communication facilities that are not used for twelve consecutive months . If the Town removes such a tower , a lien w ill be placed on the property to cover remova l and admin istration costs . E. Inspection. All antennas and wireless communication facilities shall be subject to an inspection every 5 years by a qualified expert . Such inspection shall be conducted by the Town in accordance with prov is ions in the Bui lding Code for a fee as adopted by the Town Board of Aldermen . F. Signs . No signs are permitted to be placed , cons truc ted , attached , or otherwise affixed to any wireless facility , other tha n a s ign t ha t is in full compliance with the Town's s ign ordinance . G. Existing and Nonconforming Towers . Pre -exist ing towers are perm itted to continue but may not be expanded . Pre-exist ing w ire less fac ilit ies a re cons idered to be non-conforming and , if abandoned or destroyed by 50% of the value of the structure , may not be rebuilt withou t firs t comp lyin g wi th this section of the code December 13 , 2004 Art icle IV . Permiss ible Uses 9 Town of Westlake Unified Development Code of ordinances . H. Personal Home Antennas . Personal home television antennas, garage door opener antennas and gate opener antennas or other similar antenna devises in any residential zoning district are exempt from this ordinance . However, in no instance shall any persona l home antenna exceed the height restrictions of the zoning district in which they are located . 6.4 Permit Requirement. All antenna and wireless communication facilities shall be subject to the following requirements for building permit and specific use permits : A. Building Permits. A building permit shall be obtained for the construction or installation of all antennas and wireless commun ication facilities except the following. The following shall , however comply with all the General Regulations in Section 6 .3. 1. Satellite receive-only antennas less than 1 meter (3.2808 feet) in diameter located in a residential zoning district. 2 . Satellite receive-only antennas less than 2 meters (6.5616 feet) in diameter located in a residential zoning district. 3 . Television antennas or other antennas of about the same size . B. Specific Use Permit for Wireless Communications Facilities. An SUP shall be obtained for any antenna or wireless communications facility that does not comply with the regulations contained in this article, othe r than screening requirements . Relief from screening requirements shall require a Variance and shall be decided by the Zoning Board of Adjustments. C. Consideration for SUP Approval. In deciding whether to approve an SUP, the Town Board of Aldermen and Planning and Zoning Commission shall consider the following : 1 . The need to provide wireless service to the populace; 2 . Effect on the value of the surrounding property; 3 . Potential for interference with the use of surrounding properties ; 4. Aesthetics ; 5. Compatibility with nearby properties; 6 . Provisions of 47 C .F.R. a 25 .104, which preempt local zon ing or other regulations that differentiate between satellite receive-only antennas and other types of wireless communication facilities , unless such regulations : December 13 , 2004 a . have a clearly defined health , safety or aesthetic objective; and b. further the stated health, safety or aesthetic objective without unnecessarily burdening the federa l interest in ensuring access to satellite services and in promoting fair and effective competition Article IV. Permissible Uses 10 Town of Westlake Unified Development Code among competing communications service providers; 7 . Unique condit ions that govern recept ion on a lot. D. Conditions for SUP Approval. The Planning and Zoning Commission may recommend approval of an SUP if the following cond itions are met: 1. Applicant configures its antenna and other equipment to accommodate other providers (as it is reasonably and technically possible}; and 2 . Applicant agrees to give notice to the Town identifying any provider who collocates on the site and their backhaul provider ; and 3 . The commission determines that adequate information has been provided to enable the Commission to review the application in a knowledgeable and thorough manner. Therefore, the applicant shall provide the following information or shall note why this information is not available : a. Why location on an existing structure or wireless communications facility is technically not feasible ; and b. Permission for collocation of other wireless communication facilities and antennas at the site ; and c. Identification of the applicant's backhaul provider connecting antenna sites; and d . Description of how applicant has met the conditions and requirements as presented in this Article except as specified on the SUP; and e. Documentation that conclusively demonstrates that such request is necessary and critical to the communications operation of the provider. E. Application Requirements for building permits and SUP's. To enable evaluation of all app lications for building permits and SU P's for the construction of antennas or wireless communication facilities the applicant shall submit the following information: 1. Describe the proximity to residential structures and zoning districts . 2 . Provide a description by text and illustrations of the surrounding tree coverage and foliage . 3. Describe the proposed ingress and egress . 4. Describe by illustration the surrounding topo . 5. Indicate by text and illustration the separation from existing wireless facilities . 6 . Describe the fencing materials to be used in screen ing . 7 . Provide a notarized statement by the owner and applicant that the structure will accommodate collocation of other use rs . December 13, 2004 Article IV. Permissible Uses 11 Town of Westlake Unified Development Code 8 . Provide a detailed site plan. 9 . Describe the nature of the site . 10 . Indicate type of structure and/or antenna . 11 . Indicate the proposed height. 12. Provide photos or drawings of all proposed equipment, structures and antennas . 13 . Describe why the antenna or wireless communications facility is necessary. 14 . State the name(s) of the telecommunications providers or other anticipated users of the antenna or wireless communications facility and describe each one's proposed use for the antenna or facility . 15 . Indicate whether this site will be connected to other sites ; if so , describe how it will be connected and who will be the back haul provider. 16 . Address whether or not the c;ipplicant has tried to co llocate the uses proposed for this antenna or wireless communications facility on existing structures or facilities. Identify the location of the existing sites for which this effort was made . Describe in detail these efforts and explain in detail why these existing sites are not feasible locations . Attach all studies or or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage . 17 . Indicate Whether or not collocation will be allowed for other telecommunications providers at the proposed site . If collocation is not allowed, state every reason and the basis for each reason. 18. If the requested location is in a residential zoning district, state whether or not the applicant has tried to locate the antenna or wireless communications facility in a commercial, multi-use, or industrial zoning district. Identify the location of the commercia l, multi-use, and/or industrial district sites for which the effort was made. Describe in detail these efforts and explain in detail why these commercial, multi-use, or industrial district sites are not feasible locations . Attach all studies or tests performed which demonstrate why the commercial , multi-use , or industrial district sites will not provide sufficient signal coverage . Material that is proprietary or confidential need not be provided . 19 . Indicate on attached maps the applicant's current coverage area for the Town and the coverage area resulting from the proposed antenna or wireless communications facility . 20 . Describe , in general, the applicant's master antenna and wireless communications facility plan for the Town. Attach maps and other related documentation appropriate to illustrate the plan. Provide information indicating potential phas ing of the plan , if ava ilable. 21 . Describe the applicant's plan to minimize the number of antennas and wireless communication facil ities needed to cover the Town. 22 . A wr itten statement of permission from the owner of the structure or December 13 , 2004 Article IV . Permissible Uses 12 Town of Westlake Unified Development Code property on wh ich the facil ity is to be located . Build ing permits and SUP's required by this Article sha ll not be issued for the construction or installation of an antenna or wireless communications facility unless the applicant submits this statement to the Planning and Development Department. F. Written Report Upon Denial of Request for Building Permit or SUP. The Town of Westlake shall document in writing any den ial of a request to place , construct , or modify wireless communication facilities or antenna . Such documentation shall be supported by substantial evidence within the written record . 6.5 Residential Zoning Districts A. Amateur Radio Equipment. Amateur radio equipment (including ham radio and CB equipment) shall be allowed in any residential zoning districts and any Planned Development designated for residential use without an AUP if it complies with the follow ing regulations : 1. Type. An amateur w ireless communications fac ility may be structure attached , monopole , tower or lattice tower . 2 . Height and Number. Only 1 ground mounted amateur wire less communications facility exceeding 35 feet will be allowed per lot. An amateur wireless communications facility shall be permitted additional height at the ratio of one half (1/2) foot added in height for each additional two (2) feet of setback beyond the m inimum setback required of an accessory building in the zoning district in wh ich the facility is located . Regardless of the above , the max imum heigh t for an amateu r wireless communications facility permitted without an SUP in any res idential district shall be 65 feet. However, this height limit does not include any mounted amateur wireless commun ications fac ili ty that does not extend more than 8 feet above a build ing on which it is mounted ; 3 . Location. Antennas and amateur wireless com m un ication facilities shall not be permitted in front o r side yards . Guy wires are permitted in required side and rear yard setbacks . Setback for wireless communication facilities shall be the same as is required for accessory buildings in the zoning district in which the facility is located . B . Satellite Receive-Only Antennas. Satellite Rece ive-Only Antennas shall be allowed in any residential zoning districts and any Planned Development or Community Unit Development with underlying residential zoning without an SUP if it comp li es with the follow ing regula t ions. A satellite receive-on ly antenna may be installed without a permit in a residential zoning d istrict if it is less than 1 meter (3 .2808 feet) in d iameter and conforms to the s it ing regulat ions below, which pertain to all satellite receive -only antenna in residential zoning districts : 1 . Height. A ground mounted satel li te receive-only antenna shall not exceed 6 feet in he ight measu red f rom ground level. A str ucture mounted satellite receive-only antenna shall not extend above the roof peak or highest po int of the structure to wh ich the antenna is attached . 2. Size. The diameter of a satellite receive-only antenna shall not exceed 10 feet in a resident ia l zoning district. December 13 , 2004 Article IV . Perm iss ible Uses 13 Town of Westlake Unified Development Code 3 . Location . Ground mounted satellite receive-only antennas are not allowed in any front (for this purpose, that area between any front face of the primary structure and the front property line) or side yard , and are only allowed in rear yards provided they are located behind required building setback lines, or in the absence of required building setback lines, a minimum of 6 feet from any property line . 4 . Screening. A ground mounted satellite receive-only antenna shall be screened from adjacent properties and streets by a landscape buffer or screening fence that conceals the antenna up to a height of 6 feet. 5. SUP Requirement. A satellite receive-only antenna that exceeds 1 meter (3 .2802 feet) in size shall require an SUP in any resident ial zoning district and any PD area used for residential purposes. C. Commercial Wireless Communication Facilities. The placement of antenna facilities shall comply with the following regulations: 1. Proposed antennas must be attached to or enclosed in an existing structure or attached to a power or telephone pole, light pole or standard , water storage tower, or other utility structure . 2 . If attached to the exterior of a structure , a power or telephone pole, a water storage tower or other utility structure, the antenna must be constructed , installed or adapted to visually complement or match the structure to which it is attached . 3. Any equipment storage building that is an accessory to a wireless communications facility shall be screened with a wall constructed of decorative masonry material OR shall be screened with living landscaping for aesthetic purposes OR a combination thereof. Equipment contained totally within a cabinet (generally 3'x5'x6'} may be screened with living material only. 4. All driveways access ing any wireless communications facility site or equipment storage site shall be constructed in accordance with the construction standards for "temp?rary fire lanes". 6.6 Non-Residential Zoning Districts Wireless communication facil ities and antenna shall be allowed in a Non-Residential or Planned Development District with non-residential land uses with an SUP, if they comply with the following regulations : A. Type. Wireless commun ication facil ities shall be lim ited to structure attached and monopoles only; lattice towers are proh ibited . B. Height. The height of any w ireless communications facility and attached antenna combined shall not exceed 65 feet in height, or 80 feet in height if additional height credits are applied . Additional height credit w ill be allowed at the ratio of one half (1/2) foot added in height for each additiona l two (2) feet of setback December 13 , 2004 Article IV . Permissible Uses 14 Town of Westlake Unified Development Code beyond the minimum required setbacks for a principal building in the zoning district regulations. Structure mounted antennas shall not extend more than 8 feet above the roof peak or highest point of the structure to which it is attached . C. Location: 1. Antennas and wireless communication facilities are not allowed in front (for this purpose , that area between any front face of the primary structure and the front property line) or side yards and are only allowed in rear yards behind required building setback lines, or in the absence of required building setback lines, a minimum of fifty (50) feet from any property line . Wireless communication facilities shall have a required setback ratio from residential zoning districts of two (2) feet for every one foot of antenna or wireless communications facility height. D. Design. Wireless communication facilities and antennas shall not contain any lettering, logo , or any form of advertising or other writing except the name of the manufacturer, distributor or seller of the antenna . E. Screening. Any equipment storage building that is an accessory to a wireless communications facility shall be screened with a wall constructed of decorative masonry material OR shall be screened with living landscaping for aesthetic purposes OR a combination thereof. Equipment contained totally within a cabinet (generally 3'x5'x6') may be screened with living material only. F . Access. All driveways accessing any wireless communications facility site or equipment storage site shall be constructed of an all weather surface as approved by the Town Manager of his designee . G . Satellite Receive-Only Antenna. A satellite receive-only antenna may be installed without a permit in a commercial, multi-use, or industrial zoning district if it is less that 2 meters (6 .5616 feet) in diameter and conforms to the siting regulations below, which pertain to all satellite receive-only antenna in commercial, multi-use and industrial zoning districts : 1. Height. A ground mounted satellite receive-only antenna shall not exceed 6 feet in height measured from ground level. A structure mounted satellite receive-only antenna shall not extend above the roof peak or highest point of the structure to which the antenna is attached . 2. Location. Ground mounted satellite receive-only antennas are not allowed in any front (for this purpose, that area between any front face of the primary structure and the front property line) or side yard, and are only allowed in rear yards provided they are located behind required building setback lines, or in the absence of required building setback lines, a minimum of 6 feet from any property line . 3 . Screening. A ground mounted satellite receive-only antenna shall be screened from adjacent properties and streets by a landscape buffer or screening fence that conceals the antenna up to a height of 6 feet. December 13 , 2004 Article IV. Permissible Uses 15 Town of Westlake Unified Development Code 4 . SUP Requirement. A satellite receive-only antenna that exceeds 2 meter (6 .5616 feet) in size shall require an SUP in any non-residential zoning district and any PD area used for non-residentia l purposes . H. Maximum Size. The diameter of a satellite receive-only antenna shall not exceed 10 feet in a commercial, multi-use, or industrial zoning district. SECTION 7 FARM ANIMALS AND HORSES 7.1 Grazing Animals Grazing animals 500 pounds or greater, including horses and cattle must have a minimum fenced or enclosed are of 40,000 s.f. per animal. Grazing animals of less than 500 pounds , including sheep and goats, must have a minimum fenced or enclosed area of 15,000 s.f. per animal. 7.2 Other Animals An SUP is required for other farm animals, includi ng chickens and swine, and for a reduction in the land area required for grazing farm animals. The Town shall not grant an SUP for any farm animal unless it is convinced that the presence of such animals will not injure the use and enjoyment of neighboring properties, including the impact of dust, flies and odor. 7.3 General Conditions Notwithstanding the conditions above, A. Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way pose a health hazard or nuisance to humans and animals ; B. Fences or pens , corrals or similar enclosures shall be of sufficient height and strength to properly retain the animal ; and C. All enclosures for grazing animals shal l be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned for residential use. SECTION 8 SERVANTS/CARET AKERS QUARTERS Servant or caretaker quarters may be allowed on a property in a residential or commercial zoning district provided that it is ancillary to the primary use and that only one such facility is provided on a lot in a single family district. SECTION 9 TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS AND VISITORS 9.1 Temporary Accommodations Temporary accommodation for employees , customers and vis itors may be provided as an ancillary use in commercial zoning districts provided that: December 13 , 2004 Article IV . Permissib le Uses 16 Town of Westlake Unified Development Code A . Such accommodation is clearly in support of the business operation, B. No rental of such facilities to the general transient public occurs , C. Accommodation is for temporary stays , not to exceed 30 days, and D. No more than 5% of the building area is utilized for this ancillary use . SECTION 10 UTILITY DISTRIBUTION LINES All Utility Distribution Lines shall be placed underground . Utility Distribution Lines placed above-ground shall require special approval of the Board of Aldermen based upon a recommendation of the Planning and Zoning Commission . SECTION 11 ACCESS TO ROADWAYS All Chi ld care facilities, schools (public and private), and churches or places of worship shall be located with access directly to a Collector or larger roadway unless alternative access is permitted by an SUP . SECTION 12 NEW AND UNLISTED USES 12.1 Review New and unlisted land uses which were not originally anticipated, will likely be considered for location within the Town . Such uses shall require a zoning ordinance amendment and shal l be reviewed by the Planning and Zoning Commission and the Board of Aldermen for inclusion in specific zoning districts or as part of a Planned Development (PD) zoning request. 12.2 Conditions When considering requests for a new land use, the Commission and Board shall consider the potential effects of the use on adjacent properties in terms of requirements for services , visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district , and other issues they deem appropriate . SECTION 13 PRIVATE WATER WELLS Private water wells shall be permitted in all districts with an approved Specific Use Permit , as shown in Section 3 of Article IV , Permissible Uses. Application submittals shall include a copy of all documents required by the State of Texas for The construction and installation of a private water well. December 13, 2004 Article IV . Permissib le Uses 17 SECTION 14 WIND TURBINES Town of Westlake Unified Development Code All Wind Turbines, as defined below , are prohibited in the town of Westlake , Texas . The name "wind turbine" shall mean any of various machines used to produce electricity by converting the kinetic energy of wind to rotat ional, mechanical and electrical energy. Wind turbines consist of the turbine apparatus (rotor, nacelle and tower) and any other buildings , support structures, or other related improvements necessary for the generation of electric power . The term does not include electrical distribution or transmission lines, or electrical substations otherwise regulated by this chapter . December 13, 2004 Article IV . Permissible Uses 18 : ' SECTION 1 1.1 1 .2 1 .3 1.4 1 .5 1.6 1 .7 1 .8 SECTION 2 2.1 2 .2 SECTION 3 3.1 3 .2 SECTION 4 4 .1 4.2 4 .3 Town of Westlake Unified Development Code ARTICLE V . ZONING DISTRICT DEVELOPMENT STANDARDS GENERAL .................................................................................. 2 Non-conformity ................................................ '. ............................ 2 Open Space ................................................................................. 2 Building Articulation ........................................................................ 2 Concept Plans and Site Plans .......................................................... .4 Lots with Multiple Frontages ............................................................ .4 Calculation of Density ..................................................................... 4 Sight Distance Easements at Street and Driveway Intersections ............. .4 Fences ........................................................................................ 4 RESIDENTIAL DISTRICTS -GENERAL. .... ~ .................................... 5 Exterior Wall Building Mate ria ls ....................................................... 5 Accessory Building Setback ............................................................. 5 COMMERCIAL DISTRICTS -GENERAL.; .. : ..................................... 6 Building Separation ....................................................................... 6 Exterior Wall Building Materials ....................................................... 6 DISTRICT DEVELOPMENT STANDARDS ........................................ 6 District Development Standards Chart .............................................. 6 Maximum Building Heigh t. .............................................................. 8 Screening of Mechanical Equipment. ................................................ 8 September 23 , 2002 Article V. Zoning District Development Standa rds Town of Westlake Unified Development Code ARTICLE V. ZONING DISTRICT DEVELOPMENT STANDARDS SECTION 1 GENERAL 1.1 Non-conformity In the event that the Town takes an act or action which transforms a previously conforming structure for purposes of front , side and rear yard setback requirements into a non-conforming structure for the purposes of front , side and rear yard setbacks, then such structure shall be deemed to be in conformance with the required setback prescribed in this ordinance . 1.2 Open Space A. Applicability. This provision applies to all development in the Town. B. Purpose. Westlake is planned to be a rural and recreationally oriented community with opportunities for both residents and workers , and it is intended to tie into a regional framework of open space trails and corridors . Open space corridors link all major areas of the Town using primarily floodplain areas and drainage areas . Because of the importance of open space and recreational amenities to commercial and residential vitality of the Town, all projects must contribute .to the open space system as established in the Town's Comprehensive Plan, Open Space Plan and Thoroughfare Plan . C. Requirement. All projects in the Town must reserve , dedicate and/or develop public open space consistent with the Open Space Plan, subdivision standards and development agreements . 1.3 Building Articulation A. Applicability. All non-residential buildings in the Town must meet the Building Articulation standards in this section un less otherwise approved by the Board of Aldermen . B. Purpose. The purpose of these articulation standards is to discourage large blank building facades . C. Requirements. Facades shall meet the following m ini mum standards for articulation: 1. Horizontal Articulation : No building wall shall extend for a distance equa l to two times the wall's height without having an off-set of 15% of the wall's height, and that new plane shall extend for a distance equa l to at least 25% of the maximum length of the firs t plane. 2 . Vertical Articulation : No hor izontal wall shall extend for a distance greater than two times the height of the wa ll without cha ng in g height by a m inimum of 15% of the wall's height. September 23 , 2002 Article V. Zon in g District De ve lopment Standa rds 2 1.4 Concept Plans and Site Plans Town of Westlake Unified Development Code A. Concept Plans. Approval of a Concept Plan shall be required in connection with any request for zoning unless that zoning request is at the initiation of the Town. All subsequent Site Plans shall be in conformity with the approved Concept Plan . See Article XII Zoning-Related Applications, Section 3 Required Concept Plans. B. Site Plans. Site Plans are required for all developments except individual single family lots and shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved Site Plan . See Article XII Zoning-Related Applications , Section 4 Required Site Plans . 1.5 Lots with Multiple Frontages Where lots have multiple frontage on one or more streets , the required front yard shall be provided on each street. 1.6 Calculation of Density Calculation of the allowable density shall be based on the gross site area including road right-of-way , floodplain, open space and park areas. Notwithstanding the calculation, other provisions of this Code may limit the actual density allowed on any g iven site. 1.7 Sight Distance Easements at Street and Driveway Intersections Refer to the sight distance easement provisions in the Driveway Ordinance. 1.8 Fences All fences w ithin the Town shall conform to the following standards: A. Fences may be built to a maximum 7 feet in height. However, 1. no solid fencing greater than 3 .5 fee t in height may be placed w ithin 10 feet of a right-of-way line for a roadway or open space corridor; 2 . no solid fencing greater than 3 .5 feet in height may be built in front of a building setback line; 3 . no chain link fences shall be allowed unless completely screened from adjacent public areas and properties by either structures or by solid landscape screening ; 4. no solid wood fencing shall be al lowed ; and 5 . fences which are greater than 25% solid masonry shall be cons idered solid fencing. B . Split rail, steel pipe and wrought iron fences are encouraged . September 23 , 2002 Article V. Zoning District Development Standards 4 Town of Westlake Unified Development Code C. Precast solid fencing shall require special approval by the Board of Aldermen . D . Barbed Wire Fences. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however , no barbed wire fence shall be located on any platted property zoned for single family use . SECTION 2 RESIDENTIAL DISTRICTS -GENERAL 2.1 Exterior Wall Building Materials A . All buildings of 100 s.f. or more and over nine feet (9') tall shall have exterior walls constructed of masonry construction. Exterior walls for all buildings of 100 s.f. or more and over 9 feet tall, shall be constructed of at least eighty percent (80%) standard masonry construction, excluding windows and doors, unless said wall is on a porch, patio, courtyard, or breezeway, in which event, said wall may be of non-masonry construction. B. Buildings less than 100 s.f. and under 9 feet in height may be constructed with non-masonry materials, or may be all metal with a baked-on pre-painted surface. C . Exceptions to these requirements, including buildings for farm animals, may be permitted on a case-by-case basis by the Board upon submission and approval of elevational drawings of the subject structure, and material samples . D. Barns used for agricultural or farm animal purposes on sites of ten (10) acres or more are excluded from this masonry requirement. 2.2 Accessory Building Setback Accessory buildings on residential lots shall meet all front and side yard requirements for primary structures . However when the accessory building is located behind the rear facade of the primary structure, then it may meet the following setback: A. Accessory buildings on residential lots constructed after April 1, 2001 shall meet f all setback requirements for primary structures w ith the following exception: rJ~ ~ Sport courts and other recreational facilities such as tennis courts, basketball / to.~ courts, and similar recreational facilities shall be setback from the side and rear (' JJ lot lines a minimum of one third of the total width of the lot. l! B. Accessory buildings on residential lots located behind the rear fayade of the primary structure that were constructed prior to Apri l 1, 2001 and meet the following setbacks, shall be deemed to be legal, conforming uses . 1. If the accessory building is 200 square feet or less in area and 8 feet or less in height, then it may be setback a minimum of 3 feet from the property line. 2. If the accessory structure is greater than 200 square feet in area or 8 feet in height, then it must be set back 1 foo t from the property line for each 1 foot in height up to the minimum setback for a primary structure . 3. Notwithstanding the above, any garage or carport must be setback a minimum of 10 feet from a laneway right-or-way . September 23, 2002 Article V. Zoning District Development Standards 5 Town of Westlake Unified Development Code SECTION 3 COMMERCIAL DISTRICTS -GENERAL 3.1 Building Separation Where a multifamily building or buildings are erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 40 feet apart, and no balcony or canopy shall extend into such minimum court area . 3 .2 Exterior Wall Building Materials All buildings shall have exterior walls constructed of stone, brick , glass block, tile, cast metal, cast stone , or a combination of those materials . Exceptions to this requirement may be permitted on a case by case basis by the Board upon submission and approval of elevation drawings of the subject structure , and material samples. This may include the approval of concrete or plaster/ stucco where it is deemed important as a design feature and where it will be applied under the highest standards for quality and durability . SECTION 4 DISTRICT DEVELOPMENT STANDARDS 4.1 District Development Standards Chart A. The District Development Chart in Figure 2 sets out standards for density, minimum building area, building height, minimum setbacks from property lines, required landscaping, requirement for Site Plan approval, and requirement for submission of a development schedule . B. Front yard setbacks are required in all instances where a property line abuts a street right-of-way. C . The chart shall establish the minimum requirements for these elements except as otherwise provided in this Article . September 23, 2002 Article V . Zoning District Development Standards 6 - Figure 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART District Density Min. Principal Height •ot Width Minimum Setbacks Required Requires .5' t<.-r-Side Min. Lot Size ula, FAR Building Area Front Rear Side Paving Landscaping Site Plan R-5 Country Residential (S ac .) 217,000 s.f. 1 u/a 2,000 s.f. Bldg. Min . 2 .S stl3S' 200 so so 30 R-2 Rural Residential (2 ac.) 87, 120 s.f. 1 u/a 2,000 s.f. Bldg . Min . 2 .S stl3S' 1SO so so 2S R-1 Estate Residential (1 ac.) 43,S60 s.f. 1 u/a 1,800 s.f. Bldg. Min. 2.S st/3S' 12S 40 40 20 R-0 .5 Neighborhood Residential (.S a 21,780 s.f. 1 u/a 1,SOO s.f. Bld9 . Min. 2 .S st/3S' 100 3S 3S 3S MF Multifamily 200,000 s.f. 12 1,000 s.f. Avg . 2 .S stl3S' 200 40* 40• 20· 20%12SO O .SIU yes LR local Retail 40,000 s.f. 0 .20:1 2,000 s.f. 2 .S st.13S' 200 so· so· 0 or 4" 20% yes 0 Office Park 200,000 s.f. 0 .2S :1 3,000 s.f. 2 st/3S' 200 100· 100· 1s· 20% yes 0-1 Office-Light Industrial Park 200,000 s.f. 0.30 :1 3,000 s.f. 3 st/SO' 17S 1s· so• so• 1S% yes PD Planned Development 200,000 s.f. All d istrict reqirements are established by the Ordinance creating each PD] yes GU Governmental Use No min . 0 .2S :1 No min . 3 st/SO' 200 so so 2S 10 20% • Lot w id th shall be measured at the minimum setback distance for the district September 23, 2002 Article V. Zoning District Development Standards Page 7 Town of Westlake Unified Development Code 4.2 Maximum Building Height A. All Districts. The height limit for all structures shall be as established in the Districts governing the property on which the structures are located . However, the maximum height may be increased up to 700 mean sea level by the Board of Aldermen as part of Site Plan approval , unless otherwise limited by a Planned Development District. B. Building Height and Setback for Commercial Districts. 1. Roadway Slope. In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from the nearest roadway right-of-way line at a 2 :1 slope directly into the subject commercia l property, as shown in Figure 3 {e.g . a 100 ft . high building must be set back 200 ft from the ROW line). 2. Residential Slope. In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from a residential property line in a residential district, at a 5:1 slope directly into the subject commercial property as shown in Figure 3 (e.g . a 100 ft . building must be set back 500 ft. from the residential property line). 3. Changes in Grade. Notwithstanding the slopes noted above, if the slope of the ground rises or falls from the point of origin of the slope line , the actual building height may be greater or lesser by the difference in grade . 4. Exceptions. The following features may be constructed 12 feet higher than the maximum height requirement of the zoning district in which the structure is located: a) Chimneys, church spires, elevator shafts, and similar appendages not intended as places of occupancy or storage. b) Flag poles and similar devices . c) Heating and a ir conditioning equipment, solar collectors and similar equipment, fixtures, and devices . Provided that they are : d) Not more than one-third of the total roof area ; and e) Set back from the edge of the roof a minimum distance of two feet for every foot by which such features extend above the roof surface of the bu il ding to which they are attached. 4.3 Screening of Mechanical Equipment Mechanical equipment on the ground or roof shall be screened from view of adjacent properties and all public areas . September 23, 2002 Article V. Zoning District Development Standards 8 Town of Westlake Unified Development Code ARTICLE VI. PARKING AND LOADING STANDARDS SECTION 1 PURPOSE •...•.•..•.•..•..................•..•.........•..•.•...........................................•................... 1 1.1 Parking ......................................................................................................................... 1 1.2 Loading ......................................................................................................................... 1 SECTION 2 APPLICABILITY •......•.•...••.........•..........•.....••..............................................•................ 1 2.1 Construction or Creation of Use ................................................................................... 1 2.2 Change of Use .............................................................................................................. 1 2 .3 Expansion of an Existing Use ....................................................................................... 1 2.4 Renovation or Redevelopment ..................................................................................... 1 SECTION 3 GENERAL PROVISIONS .....•...................................................................................... 2 3.1 Calculation of Spaces ................................................................................................... 2 3.2 Paving Materials ........................................................................................................... 2 3.3 Location of Parking and Loading Spaces .................................................................... 2 3.4 Lighting of Parking and Loading Areas ......................................................................... 4 3.5 Pay Parking Lots ......................................................................................................... .4 SECTION 4 RESIDENTIAL PARKING ..•......••.....................•.......................................................... 5 4 . 1 Lots Less than Five Acres ............................................................................................ 5 SECTION 5 OFF-STREET PARKING REQUIREMENTS ............................................................... 6 5.1 Off-Street Parking Requirements ..................................................... . . ............ 6 5.2 Conventions Used in Parking Requirement Schedul e ................................................ 6 5.3 Off -Street Parking Standards ................................................... :.................. . ... 6 5.4 Handicapped Parking ............................................................. . . .......... 8 SECTION 6 OFF-STREET LOADING REQUIREMENTS ............................................................. 11 6 .1 Applicability ....................................................................................................... __ .. 11 6 .2 Lighting of Loading Areas .................................................................. . 6 .3 Dumpster Trash Receptacle s ....................................................................... . 6 .4 Size ............................................................................................................... . 6 .5 Off-Street Loading Requirements ................................. . February 16 . 1998 Article VI. Parking and Loading Standard s Table of Conte nts . ... 11 . 11 . .. 11 . ... 11 Page 1 Town of Westlake Unified Development Code ARTICLE VI. PARKING AND LOADING STANDARDS SECTION 1 PURPOSE 1.1 Parking The purpose of this Article is to regulate the number of required off-street vehicular parking spaces so as : • to provide for the needs of occupants, customers, v isitors or others involved in the use or occupancy of any building , structural improvement or place of assembly; • to eliminate undue use of the street system for parking purposes : • to promote and protect the public health, safety, comfort. convenience and general welfare ; and, • to grant and define the administrative powers and duties necessary to enforce this Article . . 1.2 Loading It is also the purpose of this Article to require allocation of sufficient off-s tr eel/o n-site loading facilities by businesses and industry to ensure that the load ing an d unloading of vehicles will not interfere with traffic flow or block roadwa ys or fir e lanes . SECTION 2 APPLICABILITY 2.1 Construction or Creation of Use Any building , improvement, or use of land approved or e rected shall include the necessary off-street parking spaces , and require off-stre el/on -si te loading facilities subject to the standards established in this Article . 2.2 Change of Use Whenever any building , improvement, or use of land is propos ed to be changed to a new use, the provision of off-street parking and loading sh all be required for the ne w use in accordance with this Article . 2.3 Expansion of an Existing Use If any building, improvement, or use of land is expand ed , the prov isions for parki ng and loading shall be provided for the portion of land us e and/o r bu il din g th at has been added . 2.4 Renovation or Redevelopment Fe bru a ry 16, 1998 Notwithstanding Subsection 2.2 above , if any build ing , improvement. o r us e of land is repaired . renovatep , altered , expanded or redeveloped , and the cost of such changes exceed fifty (50%) percent of th e fair mar ket va lu e of th e bu ildi ng improvem e nt prior to the subje ct improvements . th e parki ng an d loading facili ties set forth in thi s Article s hall be made conforming . Article VI. Parking and Loading Standards Purpose and Applicability Page 1 Town of Westlake Unified Development Code SECTION 3 GENERAL PROVISIONS 3.1 Calculation of Spaces Page 2 A. Fractional Number of Spaces. In determining the required number of parking spaces, fractional spaces shall be counted to the nearest whole space . Parking spaces located in buildings used for repair garages or auto laundries shall not be counted as meeting the required minimum parking . B. Parking Structures Excluded. Floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements . C. Requirements for Uses Not Listed. The off-street parking requirements for a use not specifically listed in the above schedule shall be the same as required for a use of a similar nature . 3.2 Paving Materials All required parking and loading areas . public and private drives, and fire lanes shall be constructed of concrete, but may have a surface treatment of brick, stone or other similar material. However, cast interlocking concrete, brick, or stone pavers installed on a prepared base may be used in parking areas and on public and private drives where approved by the Town Engineer. 3.3 Location of Parking and Loading Spaces The required off-street parking and loading spaces shall be located on the same lot as the build ing or use served; except , off-street parking may also be located as follows : A. Parking May be Located Off-site. 1. When an increase in the number of off-street parki ng spa ces is required by a change or enlargement of use, or where off-street pa rk ing spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required off-street parking sp aces may be located at a distance not to exceed four hundred (400) feet from the building being served ; provided , however, that a written agreement thereto is properly executed and filed as provided below . 2 . The d istance from the land use requiring parking to the off site pa rking site shall be measured along the shortest legal pedest ri an path between one site and the other. 3 . All off-site parking must first be approved by the Board of Aldermen . B. Joint Use of Parking. Parking adjustments may be a llowed according to the following percentages by time of day : Article VI. Parking and Loading Standards General Provisions February 16 . 1998 Town of Westlake Unified Development Code Time of·Day 6 AM-12 Noon 12 Noon -1 PM 1 PM-4 PM 4 PM-6 PM 6 PM-8 PM 8 PM -12 Midnight FIGURE 1 PARKING ADJUSTMENT PERCENTAGES BY TIME OF DAY Office Retail Restaurant 1.00 0 .97 0 .50 0 .90 1.00 0 .70 0 .97 0.97 0.60 0.47 0 .82 0.90 0.07 0.89 1.00 0 .03 0 .61 1.00 FIGURE 2 JOINT USE PARKING EXAMPLE: Theater 0 .30 0 .70 0 .70 0 .80 1.00 1.00 1. A sample mixed use Development comprised of Office at 50,000 sf Retail at 20,000 sf Restaurant at 8,000 sf 2. Individual Parking Requirements = Office at 1 space per 300 = 50,000 I 300 = 167 Retail at 1 space per 200 = 20, 000 I 200 = 100 Restaurant at 1 space per 45 = 8,000 I 45 = 178 445 3. Shared Parking Requirement = Time of Day Office Retail Restaurant 6 AM -12 Noon 1.00X167= 167 0 .97X 11 O'-' 97 0 .50X 178= 89 12 Noon -1 PM 0 .90X167= 150 1.00X100= 100 0. 70X 178= 125 1PM-4 PM 0 .97X167= 162 0 .97X100= 97 0 .60X178= 107 4 PM -6 PM 0.47X167= 78 0 .82X100= 82 0.90X178= 160 6 PM -8 PM 0.07X167= 12 0 .89X100= 89 1.00X 178 = 178 8 PM -12 Midnight 0 .03X167= 5 0.61X100= 61 1.00X 178 = 1 78 Hotel 1.00 0 .30 0.45 0 .70 1.00 1.00 TOTAL 353 375 366 320 279 344 4. Parking Required= 375 spaces . (Highest total for any time period.) This is a reduction of 70 spaces (15 . 7%) over the individual parking requirements . February 16 , 1998 Article VI. Parking and Loading Standards '>ener-al Pr-ovisions Page 3 Town of Westlake Unified Development Code Page 4 C. Off-Site Parking Agreement. 1. When the required off-street parking spaces are not located on the same lot with the building or use served or when the required off-street parking spaces are provided collectively or used jointly by two (2) or more establishments . a written agreement which assures the retention of such spaces for this purpose, and for a period of not less than 2 years, shall be drawn and executed by the parties concerned, approved as to form by the Town Attorney, and filed with the application for a Building Permit or Certificate of Occupancy if a change in use is involved. 2. If the off site parking is tenninated for any reason. then alternative parking meeting the standards of this Article, shall be acquired , or the property shall lose its Certificate of Occupancy . D. Parking in Front Yards of Residential and Agriculture. No required off-street parking space shall be located in the required front yard in any residential or agricultural district. E. Parking in Front Yards of Non-Residential. In any non-residential district, the required off-street parking space may be located in the required front yard . 3.4 Lighting of Parking and Loading Areas A . Spill-Over Lighting. All lighting facilities shall be so arranged as to reflect the illumination away from any adjacent property . Such lighting facilities shall provide illumination within parking areas not to exceed a maintained average of one (1) foot-candle at ground level, and shall distribute not more than two-tenths (0 .2) of one foot-candle of light upon any adjacent residential property . B. Lighting as a Nuisance or Safety Hazard. All lighting facilities shall be placed, masked or otherwise arranged such that illuminatio n or glare shall not intrude on residential property or create a hazard to motorists on any street , alley or othe r public way 3.5 Pay Parking Lots No charge may be made for at-grade visitor parking sp aces . Article VI. Parking and Loading Standards General Provisions February 16 . 193 8 Town of Westlake Unified Development Code SECTION 5 OFF-STREET PARKING REQUIREMENTS 5.1 Off-Street Parking Requirements Page 6 The Schedule of Off-Street Parking Requirements in Figure 3 establishes parking requirements for all zoning districts . 5.2 Conventions Used in Parking Requirement Schedule A. Square Feet. •s.t: means gross square feet of building, unless otherwise noted . B. Site Area Parking Requirements. The parking requirement for a use of site area is based on the net site area exclusive of parking and buildings . C. Land Uses. Land uses listed under ·Permitted Uses· in the accompanying schedule does not mean that this use is permitted within the Town . Please refer to Article IV for permissible uses. 5.3 Off-Street Par!-:ing Standards A. Head-In Parking. An off-street parking space shall not be located on a public street or alley. Head-in parking adjacent to a public street wherein the maneuvering of the vehicle in parking or leaving a parking space is done directly onto a public street, shall not be allowed in non-residential zoning districts nor shall it bP -:towed in conjunction with multi-family re .. ::.:.::n ual land uses . 8. Parking Spaces and Aisle Surfaces. All parking spaces. aisles and maneuvering areas shall have an all-weather surface , whether enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley . C. Parking Space and Aisle Dimensions. All parking spaces and aisle dimensions shall conform to Figure 5 Off-Street Parking Standard Diagram unless specifically approved by the Town Engineer. D. Site Access for Vehicles. Access to a lot or tract shall confo rm to the Access Control Guidelines in the Driveway Ordinance . A driveway co nforming to Town Driveway Standards shall be constructed for each approved access point. A permit much be obtained from the Town to construct a driveway within the Town Article VI. Parking and Loading Standards Off-Street Parking Requirements February 16. 1998 Town of Westlake Unified Development Code Page 8 5.4 Handicapped Parking In each parking facility, a portion of the total number of parking spaces shall be specifically designated as handicapped accessible parking spaces and reserved for vehicles licensed by the State for use by the handicapped . The following parking and passenger loading standards shall apply to any new construction within the Town . A. Spaces Required: FIGURE 4 HANDICAPPED PARKING SPACE REQUIREMENT Total Required Parking In Lot 1-25 26-50 51 -75 76 -100 101 -150 151 -200 201 -300 301 -400 401 -500 501 -1,000 1,001 and over Required Number of Handicapped Spaces 2 3 4 5 6 7 8 9 2 % of Total 20 Plus 1 for ea ch 100 over 1,00 0 B. Construction Standards. Parking spaces and facil itie s int ended for use by the handicapped shall be designed and constructed in accordance with the standards established by State Law , Town Ordinan ce s and the American Disabilities Act (ADA). C. Size of Spaces. Accessible parking spaces shall be al least 108 inches wide and shall be served by a pedestrian maneuvering acc ess aisle at least 60 inches wide . The access aisle shall be part of an accessible ro ute to the building or facility entrance . Two accessible parking spaces may share a common access aisle . Accessible parking spaces and access aisles shall be level with surface slopes not exceeding 2% in any direction . D. Van Accessible Spaces. One in every eight accessible spaces . but not less than one, shall be serJed by an access aisle not less than 108 inches wide and provide a minimum vertical clearance of 98 inches at the parking space and along at least one vehicle access route to such parking space from site entranc e and exit. All such spaces shall be designated "Van Accessible " and may be grouped on one level of a parking structure . Article VI. Parking and loading Standards OH-Street Parking Requirements Fe bruary 16. 1998 February 16 . 1998 Town of Westlake Unified Development Code E. Sign Handicapped Accessible Spaces. Accessible spaces shall be designated as reserved by a sign showing a symbol of accessibility . Such signs shall be located so they cannot be obscured by a vehicle parked in the space . F, Accessible Routes to the Building or Facility. At least one accessible route within the boundary of a site shall be provided from public transportation stops (if available). accessible parking and accessible passenger loading zones, and public streets or sidewalks to the accessible building entrance . The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. G. Accessible Routes on Site. At least one accessible route shall connect accessible buildings , facilities. elements and spaces that are on the same site . H. Accessible Route Design Standards. An accessible route shall have a minimum clear width of 36 inches and provide adequate space for a wheel chair turn around. If an accessible route has less than 60 inches clear width, then passing spaces of at least 60 inches by 60 inches shall be located at reasonable intervals, not to exceed 200 feet. A ·r intersection of two corridors or walks is an acceptable passing place . Article VI. p ,.,-king and loading Standards Off-Street Parking Requirements Page 9 Town of Westlake Unified Development Code SECTION 6 OFF-STREET LOADING REQUIREMENTS 6.1 Applicability All non-residential structures which contain a gross floor area of 10 ,000 square feet or more shall provide and maintain off-street loading facilities on the same lot. Such off-street loading facilities shall be located adjacent to a public way or private service drive. in accordance with the following requirements : A. Unless an alternative is supported by design standards and approved as part of the Detailed Site Plan, no area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities . B. Any loading dock or loading area must provide a maneuvering area located entirely on private property. and shall not utilize any public right-of-way . and shall not block any drive, aisle or fire lane. C . Loading docks that are within 400 feet of a residential district shall be equipped with noise attenuation devices and screened from view of adjacent residential lots. 6.2 Lighting of loading Areas All lighting facilities shall be so arranged as to reflect the illumination away from any adjacent property . Such lighting facilities shall provide illumination within loadin g areas not to exceed one ( 1) foot-candle at ground level, and shall distribute not more than two-tenths (0.2) of one foot-candle of light upon any adjacent prop erty . All lighting facilities shall be placed, masked or otherwise arranged such that illumination or glare shall not intrude on residential property or create a ha z ard to motorists on any street alley or other public way . 6 .3 Dumpster Trash Receptacles All driveways to trash receptacles shall be designed to accommodate the weight of a 56 ,000 gross vehicular weight (G.V.W.) sanitation truck . Lifting aprons shall be provided in front of each trash receptacle location to accommodate th e front wh eels of the sanitation truck. Access to the trash receptacle and lift apron shall be in a "straight in" manner, or other manner as approved by the Town Engineer. Trash receptacles shall not be located beneath any ov ert.eac ·:'.ility line . 6.4 Size Loading spaces shall be a minimum of twelve (12) feet in width . sixty-fiv e (6 5) fee t in length, and fourteen (14) feet in height except as required in (4) below . 6.5 Off-Street loading Requirements February 16 , 1998 Any use that receives or distributes material, supplies or merchandise by motor vehicle shall provide "off-street loading space in accordance with the follow ing requirements . Article VI. Parking and Loading Standards Off-Street Loading Requirements Page 11 Town of Westlake Unified Development Code A. Retail, Commercial and Industrial Uses. FIGURE 6 COMMERCIAL OFF-STREET LOADING REQUIREMENTS Gross Floor Area (s.f.J Oto 10,000 10,001 to 40,000 40,001 to 100,000 100,001 to 160,000 160,001 to 240,000 240,001 to 320,000 320,001 to 400,000 400,001 + Minimum Required Loading Spaces None 1 2 3 4 5 6 Special Parking Study B. Auditoriums, Exhibitions Halls, Hotels, Restaurants and Sports Arenas. Page 12 FIGURE 7 RESTAURANTS AND PUBLIC FACILITIES LOADING REQUIREMENTS Gross Floor Area (s.f.} 0 to 10,000 10,000 to 150 ,000 150,001 to 300,000 300,001 to 600,000 600,000 + Minimum Required Loading Spaces None 2 4 5 Special Parking Study Article VI. Parking and loading Standards Off-Street loadinq Requirements Fe bruary 16 . 1998 ARTICLE VII. PERFORMANCE STANDARDS SECTION 1 PURPOSE ........................................................................................................... 1 SECTION 2 APPLICABILITY .................................................................................................. 1 SECTION 3 OUTDOOR LIGHTING ......................................................................... 1 3.1 Applicability ....................................................................................... 1 3.2 Outdodor Lighting Plan ......................................................................... 1 3.3 General. ........................................................................................... 1 3.4 Illumination ........................................................................................ 3 3.5 Non-Residential .................................................................................. 3 3.6 Residential. ........................................................................................ 4 3.7 Public and Semi-Public Recreational Facilities ......................................... .4 3.8 Prohibited .......................................................................................... 5 3 .9 Exemptions ........................................................................................ 5 3 .10 Temporary Exemptions ........................................................................ 5 3 .11 Non-Conforming ................................................................................. 6 SECTION 4 NOISE .................................................................................................................. 6 4.1 Measurement ....................................................................................................... 6 4 .2 Noise Level at Residential Proprty Lines ............................................................. 6 SECTION 5 SMOKE AND PARTICULATE MATTER. ........................................................... 8 5.1 Standards ............................................................................................................. 8 5.2 Combined Btandards ........................................................................................... 8 5.3 Standards Measured at Property Line ................................................................. 8 SECTION 6 ODOROUS MATTER ........................................................................... 8 6 .1 Applicability .......................................................................................................... 8 6.2 Determination ....................................................................................................... 8 SECTION 7 TOXIC AND NOXIOUS MATTER ....................................................................... 8 SECTION 8 VIBRATION ......................................................................................................... 9 SECTION 9 FIRE OR EXPLOSIVE HAZARD MATERIAL .................................................... 9 9.1 Explosive Material ................................................................................................ 9 9.2 Flammable Material. ............................................................................................ 9 SECTION 10 AIR AND WATER OUTLETS AT GASOLINE SERVICE STATIONS ............ 9 January 22, 2001 Artide VII. Performance Standards Pagei ARTICLE VII. PERFORMANCE STANDARDS SECTION 1 PURPOSE The purpose of this Article is to set forth regulations which protect the public from the potential negative effects of industrial and intense commercial development by regulating smoke and particulate matter, odorous matter, fire or explosive materials, toxic and noxious matter, vibration, open storage, glare and fuel supply in the vicinity of such sites. SECTION 2 APPLICABILITY The following performance standards shall apply to all zoning districts in the Town of Westlake. SECTION 3 OUTDOOR LIGHTING REQUIREMENTS Page 1 3.1 Applicability All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this section , the Building Code and the Electrical Code of the Town of Westlake as applicable and under appropriate permit and inspection. These performance standards shall apply to all zoning districts in the Town of Westlake. 3.2 Outdoor Lighting Plan An Outdoor Lighting Plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-ways , public easements, franchises and utility easements. Outdoor Lighting Plan shall be submitted prior to issuing a building permit. For non-residential development the Outdoor Lighting Plan must be approved by the Board. For residential development an Outdoor Lighting Plan may be approved administratively by the Town Manager or his designee. Plans shall include the following : A. A layout of the proposed fixture locations. B. The light source. C . The luminous area for each proposed light source with photometrics in foot candle measurement. D. The type and height of the light fixture or of the light source above grade. E. The type of illumination. 3.3 General A. Unless otherwise provided herein, illumination, where required by this Ordinance, shall have intensities and uniformity ratios in accordance with the Artide VII. Performance Standards January 22 , 2001 January 22, 2001 current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended . B. Unless otherwise provided herein, all building lighting for security or aesthetics will be fully shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully shielded with 80° cut-off. C. No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property , nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property . For the purposes of this section , a nuisance shall be defined as more that one-tenths (0 .1) of one foot-candle of light measured at the res idential property line and twenty -five hundredths (0 .25) of one foot-candle at any adjoining non -residential property line . D. Mercury Vapor lights and ha logen lights are prohib ited . E. Shielding shall be required in all outdoo r lighting installations as spec ified below. Lamp Type Shielding Low Pressure Sodium (LPS) Fully Shielded , with 80 ° cut-off High Pressure Sodium (HPS) Fully Shielded, with 80 ° cut-off Metal Halide Fully Shielded , with 80 ° cut-off Halogen Prohib ited Mercury Vapor Prohibited Fluorescent Fully Shielded , with 80 ° cut-off Incandescent Fully Shielded, with 80 ° cut-off Any light source 50 watts and under Unshie lded Perm itted Low intensity Neon, Krypton or Argon Unshie lded Permitted Discharge Tubes Artide VII. Performance Standards Page2 Page3 3.4 Illumination A Measurement: Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods B. Computation of Illumination : Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city . Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects . C. Limitations on neighboring property. The limit of illumination on neighboring property from one (1) establishment shall be by zoning of the neighboring property . Maximum computed or measured foot-candles at the neighboring property line shall not exceed : Foot-candles Horizontal Single-family and two-family 0.1 residential districts . Non-residential districts 0.25 3.5 Non-residenti.31 A All non-essential lighting shall be turned off after business hours , leaving only necessary lighting for site security . B. Floodlights , accent, aesthetic and security lights must be fully sh ielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes . C. Parking lots and vehicle movement areas shall not exceed a maximum illumination value of 10 foot-candle nor a minimum illumination value of 1.0 foot- candles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts . Total pole and fixture height shall not exceed a maximum of 20 feet, measured from grade at the base . The Board may consider approval of taller poles in some situations. D. Display, building and aesthetic lighting must be externally lit from the top and shine downward . The lighting _must be fully shie lded to prevent direct glare Artide VII . Performance Standards January 22 , 2001 and/or light trespass. The lighting must also be substantially contained to the target area. E. Limitations on establishment property. The maximum outdoor initial computed or measured illuminant level on the establishment property shall not exceed twenty (20) foot-candles outdoors at any point, with the exception of parking lots. F. Effect of interior lighting : Included in the outdoor lighting plan shall be a plan to manage glow and glare on the outside of the structure by lighting produced by interior lights. The plan shall include descriptions of window shading, window tinting, structural screening, and operational management of interior lights. 3.6 Residential A. All non-essential lights exceeding 50 watts shall be turned off after 11 :00 p.m ., leaving only the necessary lighting for site security . B. Floodlights , accent, aesthetic and security lights must be fully shielded and no up lighting shall be permitted except that lighting of 50 watts or less are excepted if necessary for security purposes . C. Barns, outbuildings and aesthetic lighting must be externally lit from the top and shine downward . The lighting must be fully shielded to prevent direct glare and/or light trespass . D. Limitations on establishment property~ The maximum outdoor initial computed or measured illuminant level on the residential property shall not exceed ten (10) foot-candles outdoors at any point. E. Illumination levels exceeding ten (10) foot-candles will be permitted upon approval by the Board. 3.7 Public and Semi-Public Recreational Facilities January 22, 2001 Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to , football fields , soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met: A. Any illumination level exceeding a maximum of twenty (20) foot-candle must receive prior approval by the Board. B. All fixtures used for event lighting shall be fully shielded , or be designed or provided with sharp cut-off capability, so as to minimize up light, spill-light, and glare . C. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m . as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11 :00 p.m . except to conclude a Artide VII. Perfonnance Standards Page4 Page5 scheduled event that was in progress before 11 :00 p.m . and circumstances prevented concluding before 11 :00 p.m. 3.8 Prohibited A. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. B. Searchlights: The operation of searchlights for advertising purposes is prohibited. C. Floodlights: The use of floodlights is prohibited. D. Up lighting of display, building and aesthetic lighting is prohibited . E. Halogen lights F. Mercury Vapor Lights 3.9 Exemptions A. All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries. B. All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this section, except that all luminaries used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task . C. Any luminaries of 50 watts or less provided the accumulated illumination of 50 watt luminaries does not exceed 50 watts . D. Seasonal decorative lighting 3.10 Temporary Exemptions A. Upon approval by the Board temporary exemptions from the requirements of this ordinance for a period not exceed 30 days. B. Any person may submit a written request, on a form prepared by the Town for a temporary exemption request. The request shall contain the following information : 1. Specific exemption (s) requested 2 . Type/use of outdoor lighting fixture involved 3 . Duration of time requested 4. Type of lamp and calculated foot-candles Artide VIl . Performance Standards January 22 , 2001 5. Total wattage of lamp(s) 6. Proposed location of fixtures 7. Previous temporary exemption requests 8 . Physical side of fixtures and type of shielding provided 9 . Such other data or information as may be required by the Town Manager's designee . C. Requests for renewal or exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than fourteen (14) days or a time period designated by the Board . D. Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixture . E. Roadway lighting is not eligible for exemption . 3.11 Non-Conforming All luminaries lawfully in place prior to the date of the Ordinance shall be considered as having legal non-conforming status. However, any luminary that replaces a legal non-conforming luminary, or any legal non-conforming luminary that is moved, must meet the standards of this Ordinance . SECTION 4 NOISE 4.1 Measurement Measurement of noise shall be made at the residential property line with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. 4.2 Noise Level at Residential Property Lines January 22 , 2001 A. Nighttime Noise Level. Noise levels shall not exceed 49 dBA at a residential property line between 7 PM and 7 AM. B. Daytime Noise Level. Noise levels shall not exceed 56 dBA at a residential property line. C. Octave Band Standards. Noise in any octave band shall not exceed standards set out in the following chart: Artide VII. Perfomiance Standards Page6 Page? FIGURE 1 NOISE STANDARDS At no point along the bounding property line of any lot or parcel in a residential district shall the sound pressure level of any operation or activity exceed the decibel limits specified in the octave band groups designated in the following table : Octave Band Range Decibel Band Limit (cps) (dB re 0. 0002 microbar) 37-75 80 75 -150 68 150-300 61 300-600 55 600-1200 51 1200-2400 48 2400-4800 45 4800-9600 43 A scale (for monitoring purposes only) 56 Noise level adjustments: Nighttime Noise-7 PM and & 7AM Subtract 7 db Impulsive Noise Subtract 7 db (Meter reading changes at a rate greater than 1 O db per second) D. Higher Ambient Noise Levels. Where ambient noise levels from traffic or multiple sources already exceed the standards, the subject source may not increase that existing noise level. E. Public Facilities and Activities Excluded. Public facilities and activities are excluded from this standard . Such activities may include : 1. Any activity the Town or its agents conduct in pursuit of its usual activities such as trash removal , police and fire protection. 2 . Any public event such as concerts and other events sponsored by a public or non-profit organization . Artide VII . Performance Standards January 22 , 2001 SECTION 5 SMOKE AND PARTICULATE MATTER 5.1 Standards No industrial operation or use shall cause, create, or allow the emission for more than three minutes in any one hour, of air contaminants which at the emission point or within the bounds of the property are: A In violation of the standards specified by the Texas Natural Resource Conservation Commission, or subsequent agency; or B. Of such capacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in "A " above except that, when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered to comply with this Section . 5.2 Combined Standards The emission of particulate matter from all sources in a district subject to this Article shall not exceed the level specified by the Texas Natural Resource Conservation Commission, or subsequent agency . 5.3 Standards Measured at Property Line Open storage and open processing operations , including on-site transportation movements which are the source of wind or airborne dust or other particulate matter; or which involve dust or other particulate air contaminant generating equipment including but not limited to paint spraying , grain handling , sand or gravel processing or storage or sand blasting shall be so conducted such that dust and other particulate matter so generated are not transported across the boundary property line or the tract on which the use is located in concentrations exceeding standards set by the Texas Natural Resource Conservation Commission. SECTION 6 ODOROUS MATTER 6.1 Applicability No use shall be operated in any zoning district in such a manner that the emission of odorous matter occurs in such quantity or volume as to produce a nuisance , source of discomfort or hazard beyond the bounding property lines of such use. 6.2 Determination The odor threshold as herein referred to shall be determined by observation by a person or persons designated by the Board of Aldermen . In any case, where the operator of an odor-emitting use may disagree with the enforcing officer where specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing Materials ASTMD 1391 - 57 entitled Standard Method for Measuring Odors in Atmosphere shall be used . SECTION 7 TOXIC AND NOXIOUS MATTER January 22, 2001 No industrial operation or other use shall emit toxic or noxious matter in any concentration across the bounding property line of the tract on which operation or use is located . Artide Vll. Performance Standards Pages SECTION 8 VIBRATION No use shall at any time create earth-born vibration which when measured at the boundary property line of the source operation exceed the limits of the displacement set forth below: Figure 2 Vibration Standards Frequency Displacement (Cycles-per-Second) (Inches) 0 -10 0.010 10-20 0.007 20-30 0.005 30-40 0.004 40 and over 0.003 SECTION 9 FIRE OR EXPLOSIVE HAZARD MATERIAL 9.1 Explosive Material No industrial use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted , except that chlorates, perchlorates, phosphorous, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists, or wholesalers may be permitted . 9.2 Flammable Material The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the Town of Westlake, as well as the Water Pollution Control standards and regulations . SECTION 10 AIR AND WATER OUTLETS AT GASOLINE SERVICE STATIONS Page9 All locations and uses in the Town of Westlake where gasoline is dispersed, whether self-service or full-service, shall provide pneumatic air pumps and water hoses for the use of a customer without further charge . All such air and water outlets shall be kept and maintained in operable condition. Any such air and water service found to be damaged, out of service, or inoperable for more than seven (7) days shall be considered a prima facia violation of this Code. Artide VU . Performance Standards January 22 , 2001 .- Town of Westlake Unified Development Code ARTICLE VIII. LANDSCAPE REQUIREMENTS SECTION 1 PURPOSE AND APPLICABllllY •........•..••••.•••••..•.•..•.•.•...••...•.................................... 1 1.1 Purpose ........................................................................................................................ 1 1.2 Applicability ....... _ .. _ ............. __ ........... __ ......................................... _. ____ ......... ___ . __ .............. 1 SECTION 2 PROCEDURES •...•.•............••.•.••...•.•.............•.••.••.••...........•.....•.•..................•.••.......••... 1 2.1 Prior to Issuing a Building Permit ·······-·································-···············--·-----·---·--··-······ 1 2.2 Variations Approved on Site Plan ................................................................................. 1 SECTION 3 LANDSCAPE DEVELOPMENT STANDARDS ..•...•..............•.•.................................... 2 3.1 General ........................................................................................................................ 2 3.2 Town Edge Open Space Zone ······-·····--·-·····························-····-·-····-····-·······-·-····--···-·-2 3.3 Open Space Linkages ····-····-····················-···················-·-··-···-·--····················-··········--··3 3.4 Roadway Landscape Zones ......................................................................................... 4 3.5 Roadway Median Landscape Development... .............................................................. 7 3.6 Parking Lot Landscaping ········--·--·······-·-·······-----··········--·····················-··················-······ 7 3.7 Screening of Parking from Public Areas ..................................................................... 12 3 .8 General Site Tree Planting -Commercial Districts .................................................... 15 3.9 Screening of Loading and Service Areas ................................................................... 15 3.10 Acceptable Landscape Materials ............................................................................ 19 SECTION 4 IRRIGATION REQUIREMENTS ...................... '. ...... ~ ................................................... 23 4 .1 General ·--···--··-·--···--·-··-············--·----·················---·········-································ .... 23 4 .2 Irrigation Methods ...................................................................................................... 23 SECTION 5 LANDSCAPE COMPLETION REQUIREMENTS .... : .................................................. 24 5.1 General -··-··--··-··········-····----····-·-·----···-··-·········-----···········-···········································24 SECTION 6 LANDSCAPE MAINTENANCE REQUIREMENTS .................................................... 24 6 .1 Owner Responsibility ................................................................................................ 24 6 .2 Enforcement ······-···················--······-·······--··-·····-··········--·---············· ........................... 24 November 23 . 1998 Article VIII. Landscape Table of Contents Page i Town of Westlake Unified Development Code ARTICLE VIII. LANDSCAPE REQUIREMENTS SECTION 1 PURPOSE AND APPLICABILITY 1.1 Purpose It is the purpose and intent of this Article: • To preserve and protect the unique natural beauty and environment of the Town of Westlake. • To preserve and enhance views from roadways. • To provide visual buffering and screening for service and parking areas . • To enhance and beautify the freeway edges. • To ensure that significant natural features of native trees, views, and significant topography involving water bodies are preserved , replenished, and available to all residents through a unified open space system. • To provide a general tree cover that will assist private properties in the development of energy conservation measures . • To provide for the health and comfort of the public by providing tree canopy for parking lot areas. 1.2 Applicability This Article applies to all new development requiring subdivision of land or a Building Pennit. SECTION 2 PROCEDURES 2.1 Prior to Issuing a Building Pennit Prior to the issuance of any Building Permit, a Tree Survey and Protection Plan (see Article IX, Section 5), a Landscape Site Plan, Grading Plan . and an Irrigation Plan must be submitted and approved as part of the site plan process . (See Article XII Zoning-Related Applications .) These plans may be combined on one or more drawings . 2.2 Variations Approved on Site Plan November 23, 1998 The Board of Alderman may approve variations to requ ireme nts set out in this ordinance when approving a Site Plan in which such variations are clearly identified . Article VIII . Landscape Purpose and Applicability/Procedures Page 1 Town of Westlake · Unified Development Code SECTION 3 LANDSCAPE DEVELOPMENT STANDARDS 3.1 General Page 2 A. Existing Trees. Existing trees shall be preserved and protected pursuant to the provisions in Article IX Tree Preservation . B. Consistency With Other Plans. Landscaping shall be consistent with the Comprehensive Plan and Thoroughfare Plan . C. Sight Distance Easements at Street and Driveway Intersections. Landscaping must meet the requirements for sight distance easements as established in the Thoroughfare Plan. D. Provision of Open Space and Landscaping. Open Space and landscaping shall be provided in a manner consistent with the following : 1. Current policies relating to key elements of bpen space which are embodied in the Comprehensive Plan . 2. Open space elements that are located primarily along the floodplain, drainage areas, existing ponds, unique land -forms, scenic vistas, land with slopes in excess of twenty-five (25) percent, and natural tree thickets. 3. The common open space and landscaping has been divided into the following categories : a) Town Edge Open Space Zone, b) Open Space Linkages, c) Roadway Landscape Zones d) Roadway and Median Landscape Development , e) Parking Lot Landscaping, f) Screening of Parking from Public Areas, g) General Site Tree Planting -Commercial Districts h) Screening of Loading and Service Areas . 4. All existing trees and ponds within open space zones shall be protected and preserved where possible . Ponds may be altered or relocated if approved as part of the Landscape Plan . E. Landscape Plan. A landscape plan shall be prepared in accordance with th e sample landscape plan in the Appendix C Landscape and Irrigation Standards 3.2 Town Edge Open Space Zone A. Intent. It is the intent of this subsection to preserve and enhance the Town 's highly visible edge in order to reinforce the rural and natural qualities of the community, and to CO£ltribute to the health, safety and welfare of the community . This zone can facilitate positive vistas to prominent knolls and valleys while softening development with tree massings that will establish a unique rural environment for the Town . Article VIII. landscape Landscape Development Standards November 23. 1998 B. Location of Town Edge Open Space Zones. Town of Westlake Unified Development Code 1. State Highway 114 and 170. There shall be a landscape zone with an average width of 150 feet, and a minimum width of 100 feet from the highway rights-of-way. 2. US Highway 377. There shall be a landscape zone of 50 feet from the right- of-way. C. Landscape Treatment of Town Edge Zones. 1. Alternative Treatments. This zone may be treated in one of two ways-by Earth Berm, or Forested Edge, as set out below. 2. Earth Benn. a) State Highway 114 and 170. The earth berm may vary in width and height, and shall have a maximum 5 :1 slope from the property line to the ridge line and a maximum 3:1 slope from the ridge line to the setback line . The berm shall be a minimum height of eleven ( 11) feet. b) Highway 377. The earth berm may vary in width and height, and shall have a maximum 5:1 slope from the property line to the ridge line and a maximum 3:1 slope from the ridge line~:. ii1e backside of the easement. The berm shall be a minimum height of six (6) feet. c) Wildflowers. Wildflowers shall be planted along earth berms consistent with the Comprehensive Plan . d) Trees. Trees shall be planted along the earth berm consistent with the Comprehensive Plan in the following manner: • Quantity: There shall be a min imum of seventeen (17) trees per 10 ,000 square feet of the area measured from the top of the berm to the edge of the Town Ed ge Open Space Zon e closest to the interior of the lot. • Size: Sixty per cent of the trees s hall be a min imum 3 inch caliper, and forty per cent shall be a minimum 2 inch cal iper. 3. Forested Edge. As an alternative to creating an Earth Berm. a Forested Edge may be created which includes : a) A minimum of seventeen (17) trees per 10 ,000 square feet over the entire Town Edge Open Space Zone per size and proportion described in Paragraph C .2.d above . b) Wildflowers must be provided over 25 % of the Town Edge Open Space Zone adjacent to the highway . 3.3 Open Space Linkages November 23, 1998 A. Location. Location of the Open Space System s hall be consistent with the Comprehensive Plan . B . Width . The width of the Open Space may vary throughout the Comprehensive Plan taking into account natural features and design features . The minimum Article VIII . Landscape Landscape Development Standards Page 3 Town of Westlake Unified Development Code Page 4 width of any open space linkage however, shall not be less than 25 feet with an average minimum width of 35 feet. C. Hike/Bike Trails. These trails shall be located as required in the Comprehensive Plan, and shall be grade-separated when crossing arterial roadways . 3.4 Roadway Landscape Zones A. Intent. It is the intent of Roadway Landscape Zones to preserve existing tree thickets and create newly planted tree groves in tight natural appearing clusters, which create a rural edge and definition of roadways in the Town . B. Application. Roadway Landscape Zones occur on all roadways in the Town .. C. Zone Width. The width of the landscape zone is measured from the outside edge of the street pavement to the required building setback line on both sides of the street. D. Landscape Requirement. 1. Tree Density. A minimum of six (6) trees are required per one hundred ( 100) linear feet of landscape zone on each side of the roadway. which may be planted anywhere within the Roadway Landscape Zone. Credit will be given for maintaining existing trees of equal or greater size which are listed in the Town's Approved Plant List. 2. Tree Size. There shall be a minimum of sixty percent large trees with the remainder being small trees . Tree sizes and measurement shall conform to Subsection 3.10, Acceptable Landscape Materials . 3. Protected Trees. Protected trees identified in Article IX Tree Preservation , that are to be removed within a roadway R.O .W., shall be replaced with trees from the Town's Approved Plant List. A sufficient number of trees shall be planted to equal , in caliper. the diameter of the protected tree(s) that are removed . The replacement trees shall be located first within the Roadwa y Zone . If there is not sufficient planting space within the Roadway Zone to meet the tree replacement requirements, then they may be planted with in other portions of the lot, in the median (if present), or on other land o r roadways in the subdivision or Township. Article VIII . Landscape L..andsca,,e Development Standards November 23 . 1998 \ November 23 . 1998 FIGURE 1 ROADWAY LANDSCAPE ZONE Article VIII. Landscape Landscape Development Standards Town of Westlake Unified Development Code Page 5 Town of Westlake Unified Development Code 3.5 Roadway Median landscape Development A. Intent It is the intent of this subsection to ensure that medians. resulting from roadway construction shall contribute to the rural character of the community through forestation . B. Application. This standard applies to any med ians that occur within roadways in the Town . C. landscape Requirement. 1. Tree Density. Medians may vary in width. and shall contain a minimum of thirteen (13) trees per 10,000 square foot of median area . 2. Tree Size. There shall be a minimum of sixty percent large trees with the remainder being small trees . Tree sizes and measurement shall conform to Subsection 3.10, Acceptable Landscape Materials . 3. Tree Placement. Tree placement and arrangement shall be in tight clusters and groupings, tying median and street shoulders together to achieve a complete street corridor that is as natural and rural in appearance as possible . 3.6 Parking lot landscaping November 23. 1998 A. Intent. Landscape development within parking lots should maintain and enhance the rural, natural qualities of the Town . while providing shade and breaking up large parking areas . Tree planting requirements also help reduce the impact of automobiles on the environment. help to reduce solar damage to automob iles, and provide visitors with a healthier and more comfortable env ironment. B . Landscape Areas. 1. Parking lots. Parking lots shall maintain a minimum of sixty (60) square feet of landscaped area for each required off-street parking space . A maximum of 200 parking spaces is permitted in each defined parking lo t. 2. Parking lot Edge . A Parking Lot Edge shall surround each parking lot, and be a minimum of twelve and one half (12 .5) feet wide . The Parking Lot Edge may overlap any parking setback line . When separating two parking lots. the Parking Lot Edge shall be a minimum of twenty -five (25) feet wide and contain an average minimum three (3) foot high berm , as measured from the higher curb or paving elevation . If there is a three (3) foot or greater differential in the elevations of the edges of the park ing lots being separated , then an average two (2) foot be r m. as measured from the higher curb or paving elevation, shall be provided . Parking Lot Edges may facilitate the grading and terracing of parking lots on a site . 3. Location of Required landscape Area . Required landscape area shall occur entirely within parking lot and Parking Lot Edge boundaries . C. Landscape Requirement. 1. General. Landscape areas may take the form of "Parking Lot Edges", "Spot Islands" or "Linear Islands" depending on site design and the preservation of natural site features . All islands within parking areas shall occur in one of two general forms : spot islands or linear islands . All configurations shall : a) Be planted with living plant materials . Article VIII. Landscape Landscape Development Standards Page 7 Town of Westlake Unified Development Code Page 8 b) Allow for pedestrian walking surfaces across them to provide improved pedestri~n circulation across the parking area . c) Have a minimum of one tree for each island . 2. Tree Density. There shall be a minimum of one (1) tree per parking space in all parking areas . These trees may be planted within each parking area or within the Parking Lot Edge area . No Parking space may be greater than fifteen (15} feet from a tree. 3. Tree Size. There shall be a minimum of sixfy percent large trees with the remainder being small trees. Tree sizes and measurement shall conform to Subsection 3.10, Acceptaqle Landscape Materials. 4. Spot Islands. A spot island shall be located within a maximum fifteen (15) feet of each parking space . The distance is measured from the nearest curb line of the island to the nearest point on the edge of the parking stall. Spot islands shall be a minimum of nine (9) feet wide by eighteen (18) feet long . The location of spot parking lot islands shall recognize convenient pedestrian circulation routes and walks within the island planned accordingly . Article VIII . Landscape Landscape Development Standards November 23. 1998 Town of Westlake Unified Development Code Page 10 FIGURE 4 PARKING LOT LANDSCAPING-FORMAL Formal Arrangement Example Calculation: • 200 Parking spac'es with one tree required per space= 200 trees required . • 60 Square feet of permeable green space required per space = 12,000 square feet of landscape area . Article VIII . landscape Landscape Development Standards November 23 . 1998 November 23 . 1998 Town of Westlake Unified Development Code FIGURE 5 PARKING LOT LANDSCAPING -INFORMAL Calculation: f;ACff F~/'4 'SPJ'ICC MOST e£. lOC/tTED tv/Tlf/N !?'FT l)r A T/q3e. f'#/VM:i ~TECK;£ / '2. . '3:f WI PE Informal Arrangement Example • 200 Parking spaces with one tree required per space= 200 trees required . • 60 Square feet of permeable green space required per space= 12,000 square feet of landscape area . Article VIII. landscape Landscape Development Standards Page 11 Town of Westlake Unified Development Code 3.8 General Site Tree Planting -Commercial Districts A. Intent The planting of large trees when located properly on site, can improve energy conservation and comfort levels, as well as enhance the rural character of the town . Tree groupings located in close proximity of buildings on the south and southwest sides will reduce sun exposure, glare, and heat build-up particularly during the warm summer months . Conversely, chilling winter winds from the north and northwest can be buffered and re-directed with proper tree plantings . Early spring and summer breezes should be re-directed toward external public spaces to enhance the comfort and enjoyment of these protected areas . B. Method to Determine Tree Requirement. 1. Land Area. General site tree density is derived from the amount of permeable green space on site excluding Town Edge Open Space Zones, Roadway Landscape Zones, Parking Lot Islands , Parking Lot Edge Zones, and screening for loading and service areas. Permeable green space is defined as planted or grassed areas, as opposed to impervious surfaces such as building or parking areas, plazas , and walkways . 2. Tree Requirement. A minimum of thirty-five (35) large trees shall be planted per acre of the site's permeable green space . This quantity of trees is in addition to trees required in parking areas, the Town Edge Open Space Zone, Roadway Landscape zones, and in screening of loading and service areas . Two (2) ornamental trees may be substituted for one (1) large tree . C. Tree Size, and Species. 1. Tree Size . Tree sizes shall meet or exceed the sta ndard established in Section 3.10, Acceptable Landscape Materials . 2. Species . Trees shall be selected from the Town 's A pproved Plant Li st. 3.9 Screening of Loading and Service Areas November 23. 1998 A. Intent. The intent of th is Subsection is to ensure th e screening of serv ice areas from roadways , Open Space Corridors , and residenti al properties B. General. 1. Screening of Loading and Service Areas . V iews of loading and service areas shall be screened entirely from any view from a publ ic area . Open Space Corridor, roadway or residential area . 2. Setback from Open Space Corridors . Notwithstanding above , no screen wall, berm or planting may exceed (4) feet in height within ten (10) feet of a property line adjacent to an Open Space Corridor. C. Screening of Off-Street Loading Spaces. 1. All off-street loading spaces which abut a re sidential district or Open Space Corridor must be screened from such uses with a minimum ten ( 10) foot Landscape Reserve along its length . Screening of off-street loading within the Landscape Reserve may be accomplished through one of the following methods . Article VIII. Landscape Landscape Development Standards Page 15 D. Screening of Dumpsters. Town of Westlake Unified Development Code 1. Intent. Dumpsters shall be located and screened from public view . 2. Placement. Dumpsters shall be located in the side or rear of the property so they generally are not visible and are screened with planting or materials compatible with adjacent architecture . They shall be located outside of the required Building Setback area. 3. Screening. Dumpsters shall be screened on three sides, using one of the following methods: a) A masonry wall enclosure of a height that is a minimum of one foot above top of dumpster. b) A planting enclosure of large evergreen shrubs planted a minimum of four (4) feet apart that shall create a solid screen to a minimum height of seven (7) feet within two (2) years . c) A combination of the above, or as ~hown on the approved site plan . F 3.10 Acceptable Landscape Materials November 23 . 1998 A. No Artificial Plants. No artificial plant materials may be used to satisfy the requirements of this ordinance . B. Plants Meeting Landscape Requirements. Plant materials used to meet Landscape Plan requirements must comply with the following minimum size standards at the time of installation . 1. Large Trees . Large trees must have a minimum caliper of three (3) inches , and a minimum height of ten (10) feet. 2. Small Trees . Small trees must have a minimum ca liper of two (2) inches and a minimum height of eight (8) feet. 3. Ornamental Trees . Ornamental trees must hav e a minimum height of eight (8) feet. 4. Large Evergreen Shrub. A large evergreen shrub must have a minimum height of three (3) feet. 5. Small Shrub. Small shrubs must be a minimum of a three (3) gallon container in size . 6. Vines . Vines must be a minimum of a one (1) gallon container in size . 7. Ground Cover. Ground covers must be a minimum of a four (4) inch pot container in size . 8. Grass. Solid sod or Hydro-Mulch may be used . C. Height of Plant Material. Material height is measured from the top of the root ball or, if the plant is in a container, from the soil level in the container . D. Plant Species. In satisfying the landscaping requirements of this article . the use of high-quality , hardy, and drought-toleran! plant materials which are listed in the Town's Approved Plant List is required . Article VIII. Landscape Landscape Development Standards Page 19 Town of Westlake Unified Development Code Page 20 i FIGURE 10 PLANT MATERIAL SIZES C*NAHENTAl-T!<~£S . M8f5UFEP !:z' ffel/ e /Ml.I-. Articl VIII . Landscape Landscape Development Standards November 23. 1998 November 23 , 1998 ~1/MtN.) * q,(ASS'. <SOI-ID 50.D, Hrcr<.LJHt/LCll OR SEE:D . Article VIII. Landscape Landscape Development Standards Town of Westlake Unified Development Code Page 21 Town of Westlake Unified Development Code Page 22 ; FIGURE 11 TREE PITS Article VIII . Landscape Landscape Development Standards November 23. 1998 Town of Westlake Unified Development Code SECTION 4 IRRIGATION REQUIREMENTS 4.1 General The owner shall be responsible for the health and vitality of plant material through irrigation of all landscaped areas and plant materials, and shall A Provide a moisture level in an amount and frequency adequate to sustain growth of the plant materials on a permanent basis. B. Be in place and operational at the time of the landscape inspection for Certificate of Occupancy. C. Be maintained and kept operational at all times to provide for efficient water distribution . 4.2 Irrigation Methods November 23 . 1998 A. Landscaped Areas. One of the following irrigation methods shall be used to ensure adequate watering of plant material in landscaped areas : 1. Conventional System. An automatic or manual underground irrigation system which may be a conventional spray or bubbler type heads . 2. Drip or Leaky-Pipe System. An automatic or manual underground irrigation c:~ -tern in conjunction with a water-saving ~,.,tern such as a drip or a leaky pipe system. 3. Temporary and Above Ground Watering. Landscape areas utilizing xeriscape plants and installation techniques, including areas planted with native grasses and wildflowers, may use a temporary and above ground system, and shall be required to provide irrigation for the first two growing seasons only . B. Natural and Undisturbed Areas. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees . Article VIII. Landscape Irrigation Requirements Page 23 Town of Westfake Unified Development Code SECTION 5 LANDSCAPE COMPLETION REQUIREMENTS 5.1 General A. Landscaping Required Prior to Certificate of Occupancy. Except as otherwise provided, all landscaping must be completed in accordance with the approved Landscape Plan prior to issuance of a Certificate of Occupancy . B. Perfonnance Bond. Notwithstanding the above, the property owner may provide the Town with a Performance Bond approved by the Town that ensures that the landscaping will be completed within six months from . the date of the issuance of the Certificate of occupancy . The Bond shall be for an amount that will pay for the cost of completing the approved Landscape Plan if the property owner fails to comply within the six month period . SECTION 6 LANDSCAPE MAINTENANCE REQUIREMENTS Page 24 6.1 Owner Responsibility Property owners shall be responsible for maintaining all landscaping on their property, including the Parkway {the area between the property line and the curb line of a public street.) Specifically, property owners will be responsible for : A . The regular maintenance of all required landscape areas and plant materials in a vigorous and healthy condition, free from weeds and litter. This maintenance shall include weeding, watering, fertilization, pruning, mowing, edging, mulching or other needed maintenance, in accordance with generally accepted horticultural practice; B. The regular maintenance, repair, or replacement of required landscape structures {walls, fences, etc.) to a structurally sound condition , and C . The regular maintenance , repair, or replacement of any screening or buffe ring required by this Code . 6.2 Enforcement Failure to regularly maintain in accordance with this article will constitute a violat ion of this code and subject to the provisions of Article XV "Enforcement." Article VIII. Landscape Completion and Maintenance Requirements November 23 . 1998 ARTICLE IX. TREE PRESERVATION Town of Westlake Unified Development Code SECTION 1 PURPOSE AND INTENT .......................................................................................................... 1 SECTION 2 APPLICABILITY .........•.•........................................................................................................... 1 2 .1 Protected Trees .................................................... 1 ................................................................. 1 2 .2 Properties Requiring a Tree Removal Permit ........................................................................... 1 2 .3 Exceptions ........................................................................................................................... 1 SECTION 3 TREE REPLACEMENT REQUIREMENTS ............................................................................... 3 3 .1 Replacement Trees ................................................................................................................... 3 3 .2 Replacement Procedures ......................................................................................................... 3 3 .3 Re-forestation Fund .................................................................................................................. 3 SECTION 4 TREE PROTECTION ................................................................................................................ 4 4 .1 Construction Plan Requirements .............................................................................................. 4 4 .2 Prior to Construction ................................................................................................................. 4 4 .3 Prohibited Activities Adjacent to Trees ..................................................................................... 6 4.4 Pennanent Construction Methods ............................................................................................ 7 4 .5 Preserved Tree Criteria ............................................................................................................. 7 SECTION 5 TREE PRUNING RESTRICTIONS ........................................................................................... 8 5 .1 General ........................................................................................................................... 8 5.2 Permit Requirements ................................................................................................................ 8 5.3 Allowed Prun ing ........................................................................................................................ 8 5.4 Required Pruning .............................................................................................................. . .. 8 SECTION 6 TREE PLANTING RESTRICTION ............................................................................................ 8 6 .1 Overhead Line s ........................................................................................................................ 8 6 .2 Underground and Surface Utilities ........................................................................................... 8 SECTION 7 TREE REMOVAL PERMIT REVIEW AND APPROVAL PROCESS ........................................ 9 . i 7 .1 Submittal Requirements ............................................................................................................ 9 7 .2 Authority for Review .................................................................................................................. 9 7 .3 Appeal of Decision .................................................................................................................. 10 7.4 Pennit Expiration ..................................................................................................................... 10 SECTION 8 ENFORCEMENT .................................................................................................................... 10 8 .1 Developers Agreement ........................................................................................................... 10 8 .2 Con struct ion Permits ............................................................................................................... 10 8 .3 8.4 Build ing Permit ...................................................................................................................... 10 Acceptan ce of Improvem en t s ............................................................................................... 11 8 .5 Certificate of Occupancy ................................................................................................... 11 8 .6 . Enforcement ......................................................................................................................... 11 Febru ary 16 . 1998 Article IX. T ree Preservation Table of Contents Page i ARTICLE IX. TREE PRESERVATION Town of Westlake Unified Development Code SECTION 1 PURPOSE AND INTENT The purpose of this Article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction. and to provide for the removal of protected trees when necessary . It is the intention of the Town to : • Prohibit the indiscriminate clearing of property, / • Protect and increase the value of residential an ~ commercial properties within the Town. \__ • Maintain and enhance a positive image for the attraction of new businesses and residents to the Town. • Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the Town, and • Preserve the rural forested character of the Town . SECTION 2 APPLICABILITY 2.1 Protected Trees A. A "protected tree" is any tree that has a trunk caliper of six (6) inches or more, as measured four and one half (4 .5) feet above natural grade level , and is not one of the following species : 1. Ailanthus Altissima (Tree of Heaven) 2. Alibizzia Julibrissen (Mimosa) 3. Maclura Pomifera (Female Only) Bois d'Arc 4 . Melia Azeoarach (Chinaberry) 5. Salix Nigra (Black Willow) 6 . Celtis Occidentalis Laevigata (Hackberry) B. A person must not, directly or indirectly, cut down , destroy, move or remove, or effectively destroy through damaging, any protected tree situated on property regulated by this ordinance without first obtaining a tree -removal permit unless otherwise specified in this ordinance . 2.2 Properties Requiring a Tree Removal Permit All public or private properties, including rights-of-ways , public easements. franchises and utility easements, shall be subject to a Tree Removal Permit 2.3 Exceptions February 16 , 1998 A. Residential Properties. A residence used as an owner-occupied homestead shall be exempt from the tree protection and replacement requ irements of this ordinance as it pertains to that residential property . However , this exemption does not apply to existing trees located within a Roadway Landscape Zon e on or adjacent to tha property , or to undeveloped single family property Article IX. Tree Preservation Purpose and lntentJApplicability Page 1 Town of Westlake Unified Development Code Pag e 2 8. Identified on an Approved Landscape Plan. A Tree Removal Permit shall not be required for the removal of a protected tree if the protected tree(s) to be removed are shown, and noted as such, on an approved Landscape Plan, and on construction plans approved by the Building Official. C. Public Safety. A Tree Removal Permit shall not be required if a tree endangers the public health, welfare or safety, and immediate removal is required as determined in writing by an official of the Town . D. Utility Service Disruption. A Tree Removal Permit shall not be required if a tree has disrupted a public utility service due to a tornado, storm, flood or other act of God . Removal shall be limited to the portion of the tree reasonably neces sary to reestablish and maintain reliable utility service . E. Landscape Nursery. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee 's business . This may also apply to a nursery established and so designated by a developer of a large project within the Town, where trees are intended for landscaping future phases of such larger project. Article IX . ":"ree Preservation Purpose and Intent/Applicability February 16 , 1998 Town of Westlake Unified Development Code SECTlON 3 TREE REPLACEMENT REQUIREMENTS 3.1 Replacement Trees In the event that a Tree Removal Permit is granted, the applicant shall replace the protected trees being removed with trees listed in Appendix D Approved Plant List. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed . Replacement trees shall be a minimum of 3" caliper measured 12 inches from the ground, and 10 feet in height when planted. 3.2 Replacement Procedures Replacement trees shall be located on the subject site whenever possible . However, if this is not feasible, the Building Official has the authority to allow the planting to take place on another property . 3.3 Re-forestation Fund February 16 . 1998 If approved by the Building Official, the applicant, in lieu of compliance with this Article, may make a payment into the Re-forestation Fund. which shall be a special .account administered by the Town. The funds shall be used only for purchasing , planting and maintaining trees for a period of one year on public property. or for acquiring and preserving wooded property . The amount of payment required shall be calculated based on current market prices for the cost of acquiring, planting and maintaining a tree(s) for a period of one year. Article IX . Tree Preservation Tree Replacement Page 3 Town of Westlake Unified Development Code SECTION 4 TREE PROTECTION Page 4 The following procedures are required to protect all protected trees which have not been approved for removal. 4.1 Construction Plan Requirements In order to ensure that contractors adequately protect trees during construction , the following shall be required as a part of all construction plans submitted to the Town unless determined otherwise by the Building Official. A. Tree Survey and Protection Plan. A Tree Protection Plan shall include the following at a minimum (see sample Tree Survey and Protection Plan in the sample Landscape Plan in Appendix C Landscape and Irrigation Standards .) 1. The graphic exhibits required for a Tree Removal Application as specified in Section 3. 2 . A graphics legend to be used throughout the plans for the purposes of showing the following: Trees to be flagged, protective fencing, trees requiring bark protection, boring, and areas of cut and fill impacting protected trees . 3. Graphic tree exhibit showing the tree being removed and being preserved , and the features of those trees, including the critical root zone, trunk, canopy, drip line and caliper. 4 . Graphic exhibits showing methods of protection to include snow fences , boarded skirts, etc. 5. Graphic exhibits showing construction methods to include grade changes , boring, trenching, etc. All requirements of the Tree Preservation Ordinance shall be shown graphically on all applicable sheets within the construction plans . B. Landscape Plan. The Tree Survey and Protection Plan must be accompan ied by the Landscape Plan (see Article VIII. Landscape Requirements and the sample Landscape Plan in Appendix C Landscape and Irrigation Standards .)) 4.2 Prior to Construction Unless otherwise approved in writing by the Building Offo .... id l, t: ,.;. following procedures shall be followed on all construction projects : A. Tree Flagging. All protected trees on the subject property within fifty feet (50 ') of a construction area or surface improvements such as driveways and walks , shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of 4' or more, such that the tape is very visible to workers operating construction equipment. B . Open Space Flagging. All trees or groups of trees within areas intended to be saved as open space' shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equ ipment. Tape shall be supported at a minimum of twenty five foot (25') intervals by wrapping trees o r utilizing another approved method . Single incident access for th e purposes of clearing underbrush is allowed . C. Protective Fencing. In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a Article IX . Tr-ee Preservation Tree Protection February 16, 1998 Town of Westlake Unified Development Code Page 6 FIGURE 2 SECONDARY TREE PROTECTION 4.3 Prohibited Activities Adjacent to Trees :ZXJI LUM!!JE/L /0 (:;,A.UG~ bAvVNJrz£P Witz£· FLNY The following activities shall be prohibited within the limits of the critical root zone of . any protected tree subject to the requirements of this ordinance . A. Material Storage. No materials intended for use in construction. or waste materials accumulated due to excavation or demolition. shall be placed within the limits of the critical root zone of any protected tree . B. Equipment Cleaning/liquid Disposal. No equipment shall be cleaned , or other materials or liquids deposited or allowed to flow over land, within the limits of the critical root zone of a protected tree . This includes, without limitation , paint. oil, solvents. asphalt, con(frete. mortar or similar materials . C. Tree Attachments. No signs. wires. or other attachments other than those of a protective nature shall be attached to any protected tree . 0. Vehicular Traffic. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the critical root zone for purposes of Article IX. Tr-ee Preservation Tree Protection February 16 . 1998 Town of West.lake Unified Development Code clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations . E. Grade Changes. No grade changes in excess of two inches (2") (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are utilized which have been approved by the Building Official. F. Impervious Paving. No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be exp8cted to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance . 4.4 Permanent Construction Methods A. Boring. Boring of utilities under protected trees may be required in certain circumstances. When required , the length of the bore shall be at a minimum the width of the critical root zone, and shall be at a minimum depth of forty-eight inches (48"). B. Grade Change. Grade changes within the critical root zone of~ protected tree should not exceed two inches (2"). If more than 25% of the criUcal root zone is disturbed by trenching or a grade change greater than 2 inches, the applicant may be required to prune the root zone or tree canopy in accordance with industry standards, or take some other mitigative measure to help preserve the health of the tree . C. Trenching. All trenching shall be designed to avoid crossing the critical root zone of any protected tree . D. Root Pruning. It is recommended that all roots two inches (2 ") or larger in diameter which are exposed as a result of trenching or other excavation . shal l be cut off square with a sharp, medium tooth saw and co ve red with pruning compound within 2 hours of initial exposure . 4 .5 Preserved Tree Criteria February 16, 1998 A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachmen t. Article IX. Trne P..-eservation T..-ee P..-otection Page 7 Town of Westlake Unified Development Code SECTION 5 TREE PRUNING RESTRICTIONS 5.1 General No protected tree shall be pruned in a manner which significantly disfigures the tree or in a manner which would reasonably lead to the death of the tree . 5.2 Permit Requirements All franchise utility companies shall be required to maintain a set of pruning specifications (updated annually) at the Town to be followed by all pruning contractors working for the company within the Town. Prior to beginning any pruning not requested by the owner of the tree, the contractor shall submit to the Town an application for a pruning permit for approval. 5.3 Allowed Pruning A. Pruning for Construction. The Building Official may approve pruning of a protected tree in cases where a protected tree must be pruned to remove branches broken during the course of construction, or where protected trees must be strategically pruned to allow construction of a structure . VVhen allowed , all pruning shall be in accordance with approved arboricultural techniques . B. Normal Mainte·nance. Normal pruning required to promote tree health and vitality is permitted provided, however, that such pruning does not remov e greater than 10% of the tree mass . 5.4 Required Pruning The owners of any tree adjacent to a public R.O.W. shall be required to ma inta in a minimum clearance of twelve feet (12') above the traveled surface or curb of a public street or open space trail. The Town shall also have the right to prun e t rees overhanging the public R.O .W . as necessary to preserve the publi c safety SECTION 6 TREE PLANTING RESTRICTION 6.1 Overhead Lines Page 8 Replacement trees shall not be planted in a location where the mature canopy of the tree will interfere with overhead utility lines . 6.2 Underground and Surface Utilities Replacement trees shall not be planted in a location where the matu re root zon e of the tree will interfere with underground public utility lines . No trees shall be plant ed within ten feet (10') of a fire hydrant. Article IX. Tree Preservation Tree Pruning and Planing Restrictions February 16 . 1998 Town of Westlake Unified Development Code SECTION 7 TREE REMOVAL PERMIT REVIEW AND APPROVAL PROCESS 7 .1 Submittal Requirements A. Tree Removal Permit. A request for a Tree Removal Permit must be submitted and approved prior to the removal of any protected tree in the Town unless the tree is exempt under a provision of this ordinance . B. Tree Removal Application. All requests for Tree Removal Permits must be accompanied by a Tree Removal Application and a graphic exhibit showing at least the following items . 1. Appropriate title (i.e . Tree Removal Permit Exhibit); 2 . Title block includes street address, lot and block, subdivision name. city and date of preparation; 3. North arrow, graphic and written scale in close proximity; 4 . Name, address and phone of owner and person preparing the exhibit ; 5. Location of all R.O .W . lines and public easements within 50 feet of the tree proposed for removal; 6. Location of all buildings, structures, pools, parking, and other improvements which are existing or intended on the lot easements within 50 feet of the tree proposed for removal; 7 . Areas of proposed cuVfill, and the drainage flow line , if applicable; 8. Limits of construction line shown, if applicable ; 9 . Location of all protected tree(s) and thicket boundaries within 50 feet of any construction area, with a description of the size and types of trees; 10 The location of all protected trees which are to be removed; 11 . Caliper (4.5 feet from ground), Latin and common name of tree to be removed; and 12 . Location of any required replacement trees shown with caliper size and common name of tree . These requirements may be modified by the Building Official as needed to administer this ordinance . An aerial photograph may be allowed if it clearly meets these requirements . C. Application for Two or Less Trees. Notwithstanding the above, a property owner desiring to remove up to two protected trees may submit a simplified application by submitting a letter stating the reason for removing the tree(s). and identifying the tree(s) to be removed on a plot plan or aerial photograph of the site, along with the caliper , specie and a photograph of the tree(s) to be removed . 7 .2 Authority for Review February 16 , 1998 Upon receipt of the permit application , the Building Official, based on a recommendation of the Town's Landscape Architect. may take one of the following actions : Article IX . Tree Preservation Enforcement Page 9 Town of Westlake Unified Development Code A. Deferral of Decision. The Building Official may defer the approval of a tree removal pennit to the Planning and Zoning Commission for any reason. All decisions made by the Commission shall be final. B. Approval. The Building Official shall issue a Tree Removal Pennit if it is detennined that: 1. The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree; or 2 . The tree is dying, dead, or diseased to the point that restoration is not practical; or 3 . All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided. C. Refusal. The Building Official shall deny a Tree Removal Permit if it is determined that: 1. Removal of the tree is not reasonably required in order to conduct anticipated activities ; or 2 . A reasonable accommodation can be made to preserve the tree . 7 .3 Appeal of Decision Any decision made by the Building Official may be appealed to the Planning and Zoning Commission . All decisions made by the Commission shall be final. 7 .4 Permit Expiration Tree Removal Permits for tree removal issued in connection with a Building Perm it or Site Plan shall be valid for the period of that Building Permit's or Site Plan's validity . Pennit(s) for tree removal not issued in connection with a Building Permit or a Site Plan shall become void one hundred eighty (180) days after the issue da te on the permit. SECTION 8 ENFORCEMENT Page 10 8.1 Developers Agreement All developer's a '.::r-:>~r.i ents shall state that all construction activities shall meet the requirements of the tree preservation ordinance . 8.2 Construction Permits Prior to issuance of a permit to do site work , a Tree Survey , a Tree Protection Plan and a Landscape Plan for the development. shall be approved . These plans may be combined on one or more drawings . 8.3 Building Permit No Building Permit shall be issued unless the applicant signs an application or permit request, or a statement. that binds the applicant to ensuring that all construction activities shall meet the requirements of the tree preservation ordinance . The Building Official shall make a copy of the Tree Preservation Ordinance and other relevant Town policies available to the applicant. Article IX. Tr-ee Pr-ese.-vation Enfor-cement February 16, 1998 Town of Westlake Unified Development Code 8.4 Acceptance of Improvements No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the Town or otherwise disposed of through the Municipal Court. 8.5 Certificate of Occupancy No Certificate of Occupancy (C.O.) shall be issued until all fines for violations of this ordinance have been paid to the Town or otherwise disposed of through the Municipal Court. 8.6. Enforcement Feb ruary 16 . 199 8 Failure to comply with this Article will constitute a violation of this code and subject to the provisions of Article XV "Enforcement." Article IX . Tr-ee Prnservation P:>nP 11 ARTICLE X. SIGN STANDARDS Town of Westlake Unified Development Code SECTION 1 PURPOSE ...........................•.....•......••.•.•.•...••.............................................................. 1 SECTION 2 OBJECTIVE ........•...•••..................•...........••..............•....................•............................... 1 SECTION 3 GENERAL PROVISIONS •.....••.....••.....•....••.•.....••..•..................................................•... 1 SECTION 4 INTERPRETATION ••...••................•...•....•••....• ~ .•..... ; .•.......•.....•.......•............................. 1 SECTION 5 PROJECTION OVER PUBLIC PROPERTY OR PUBLIC WAY ..•...............•.•............. 1 SECTION 6 SIGNS NECESSITATED BY CONSIDERATIONS OF HEALTH, WELFARE AND SAFETY ....•....•.......................•......••......•••..•............................................ 1 SECTION 7 ALARM DEVICE SIGNS ..•.•...•.•••........•...•...•....•..•.....•••...........................•.................... 2 SECTION 8 CONSTRUCTION SIGNS ............................•................................................................ 2 8.1 General ................................................................................................................... 2 SECTION 9 TEMPORARY SIGN REGULATIONS •.......••..••............................................................ 2 9.1 General .................................................................. . ............................................. 2 9.2 Number and Size .......................................................................................................... 2 9.3 Contents ................................................................................................................... 2 9.4 Conditions ................................................................................................................... 3 SECTION 10 REMOVAL OF SIGN AND DISPLAY CASES .•.......••................................................. 3 10 .1 General ................................................................................................................... 3 10.2 Hearing ................................................................................................................... 3 10 .3 Cost Assessment ....................................................................................................... 3 SECTION 11 TIME LIMITATION OF APPROVED APPLICATIONS •.............................................. .4 11 .1 General ................................................................................................................... 4 SECTION 12 SIGNS AND DISPLAY CASES WITHIN THE COMMERCIAL DISTRICTS ............... 4 12.1 General ................................................................................................................... 4 12.2 Prohibited Signs and Display Cases ......................................................................... .4 12.3 Maximum Allowable Sign Area ......................... : ........................................................ -4 12.4 Signs Exempt from Formal Review ............................................................................ 5 12 .5 Sign Area ................................................................................................................... 5 12.5 Standards for Display Cases ..................................................................................... 6 SECTION 13 SIGNS WITHIN THE RESIDENTIAL DISTRICTS ....................................................... 6 13 .1 General ................................................................................................................... 6 13.2 Prohibited Signs ......................................................................................................... 6 13.3 Allowable Signs ......................................................................................................... 7 February 16 . 1998 Article X . Sign Standards Table of Contents Page i / Town of Westlake Unified Development Code 13.4 Home Occupation Signs ............................................................................................. 7 13 .5 Tempor.ary Signs ........................................................................................................ 7 13 .6 Political Signs ............................................................................................................. 7 SECTION 14 CONSTRUCTION REQUIREMENTS ...•........................•..•......•.•................................. 7 14.1 General ................................................................................................................... 7 14.2 Signs Erected Upon or Anchored to Fire Wall or Coping ........................................... 8 14.3 Glazing : Strength of Glass .................................... : .................................................... 8 14 .4 Obstruction of Lighting and Utilities ............................................................................ 8 14 .5 Obstruction of Fire Escapes Prohibited ...................................................................... 8 SECTION 15 PLACEMENT ON ANOTHER'S PROPERTY ..•.............•.•..........•.............................. 8 SECTION 16 PLACEMENT ON VEHICLES •......•.•..•...•......................•.•................................•.......... 9 SECTION 17 PLACEMENT OF OUTDOOR ADVERTISING ON TREES, ROCKS, ETC ................ 9 SECTION 18 PROHIBITED ADVERTISING DEVICES •...•....•.....................•........•........................... 9 SECTION 19 FUNCTIONS OF THE BOARD OF ALDERMEN .•..•.....•.......•..................................... 9 Page ii Artide X . Sign Standards Table of Contents February 16 . 1998 ARTICLE X. SIGN STANDARDS Town of Westlake Unified Development Code SECTION 1 PURPOSE The Town of Westlake, Texas recognizes the need for signs . It is intended that this Article regulate the location, size, construction, erection, duration, use and maintenance of all signs within the jurisdiction of the Town . SECTION 2 OBJECTIVE The Town of Westlake adopted this Sign Ordinance, Ordinance No . 159, originally on February 9, 1989, to specifically protect the health, safety and welfare of its citizens, to promote property values, to reduce visual pollution, to promote community environmental setting and appearance , and to support the objectives of the individual zoning districts by providing for a comprehensive regulation of outdoor advertising , specifically to include the erection, structural alteration and maintenance of all types of billboards, signs, bills, posters and other outdoor advertising material within the corporate limits of the Town . SECTION 3 GENERAL PROVISIONS It shall be unlawful for any landowner, tenant, contractor or other person having responsibility or control of any premises, to suffer, permit or allow placement, erection or maintenance of any sign or display case of any type within this Town other than publicly-maintained street or directional signs , except as specifically provided for in this Ordinance . SECTION 4 INTERPRETATION Nothing herein shall be construed to give the right to any pe rson to erect or ma inta in any outdoor advertising in any zone or district of the Town wherein the particular form of outdoor advertising is prohibited by deed restric ti ons , zo ning or other ordinances , state or federal law or regulations . SECTION 5 PROJECTION OVER PUBLIC PROPERTY OR PUBLIC WAY No sign shall extend over public property or public right-of-way SECTION 6 SIGNS NECESSITATED BY CONSIDERATIONS OF HEALTH. WELFARE AND SAFETY February 16 . 1998 Whenever unusual circumstances arising out of unique conditions surrounding a building site or caused by its occupancy give rise to problems of health , safety and welfare that could be substantially alleviated by the use of a sign, such sign as may be necessary for the purpose involved . may be temporarily erected upon approval of the Building Official or a designated representative . Such approval shall be temporarily given at the time an application is made to the Town . Such temporary approval shall be granted only for the time period necessary for the routine approval or disapproval of the sign by the Board of Aldermen . Such signs shall be restricted to the minimum area necessary to accomplish the purpose for su ch signs Article X. Sign Standuds Page 1 Town of Westlake Unified Development Code SECTION 7 ALARM DEVICE SIGNS It is essential that when alarm devices are installed on residential buildings that identification be given as to the company. person, representative or agency to be contacted in case of its activation. Only one such sign shall be allowed per street face for each system installed and the sign area shall be limited to 140 square inches, except additional signs may be permitted by the Board of Aldermen upon application, only when such signs are found by the Board to be necessary for the safety and welfare of the occupants or property involved. SECTION 8 CONSTRUCTION SIGNS 8.1 General Whenever a building permit has been issued for the construction, alteration or repair of a structure, and work is in progress on the site pursuant to such permit , contractors or architects engaged in such work during the time such work is going on. may display on the site their sign, which may be either made of materials permitted for permanent or temporary signs as prescribed in this Ordinance, provided, however, that the following area requirements are complied with : A. No su.ch individual sign displayed on the building site shall be of an area larger than twenty (20} square feet. B. No individual contractor or architect shall display more than one sign on any building site at any given time . C . The total area of construction signs displayed at any one time on the building site, considered together , shall not exceed thirty (30) square feet. SECTION 9 TEMPORARY SIGN REGULATIONS 9.1 General Page 2 Temporary Signs are such signs as may be needed from time to tim e to indicate that the premises are for sale or for rent. 9.2 Number and Size Such signs shall be limited to one { 1) such sign for each property frontage involved and no single sign shall exceed twenty (20) square feet in area or conta in lettering exceeding twelve (12) inches in height. 9.3 Contents Such signs shall contain only the following information : A. That the property is for sale. lease or exchange by the owner or his agent. B. The owners or agent's name . C . The owners or agent's address and telephone number 0 . When appropriate to the occasion , the words "open house " or "inquire within " Article X . Sign Standa~ds February 16 . 1998 Town of Westlake Unified Development Code 9.4 Conditions Such signs shall not be located on or over public property and may only be displayed on the property that is for sale, exchange or lease. Temporary signs may be made of the same material pennitted for permanent signs, and in addition, may be made of less durable materials and woods such as pasteboard ; but in no event shall be self-illuminated, luminescent, fluorescent, or have any characteristic which will make them glow or shine . Such signs shall be removed upon agreement of sale . exchange or lease. SECTION 10 REMOVAL OF SIGN AND DISPLAY CASES 10.1 General Signs or display cases which have been abandoned due to a closing of a business, a change in business name or for any other reason rendering the sign or display case not applicable to the property involved, shall be removed by the permit holder or the owner of the building or premises within ten (10) working days from the date of the action that caused the sign or display case to be considered abandoned . A condition of approval for all signs or display cases shall be that permit holder or owner of the building of premises, at his own expense, remove all signs or display cases. An abandoned sign or display case may be removed by the Town after the ten (10) working day period stated above, and the permit holder or owner may be charged for the cost of removal. New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed . Approval may be given on the condition that the abandoned sign is removed before a new sign is erected . 10.2 Hearing The Board of Aldermen shall hold a hearing to determ ine whe n a sign or display case is abandoned . Ten (10) days written notice of the hea ring shall be sent by certified mail to the permit holder at his last known address , and to any other address at which there is reason to believe he might recei ve ma il, and to the owner at his address . Said notice shall state : A. A general description of the sign or display case . B . That upon a finding of abandonment. the sign or display case shall be held by the Town for fifteen (15) working days and then dispos ed of by sale if determined to be of a value of $100 .00 or more, or d isposed of in any manner if worth less than $100 .00 . C. Where the sign or display case may be reclaimed . D. That the reasonable costs of removal may be assess ed at th e hearing along with an administrative charge . E. That the hearing and assessments can be avoided by the removal of the sign or display case within seventy -two (72) hours after the date of the notice . 10.3 Cost Assessment February 16 . 1998 The Board of Aldermen shall determine the reasonable cost to the Town of removing the sign or display case and if an administrative charge should be assessed . Administrative costs shall be $100 .00 unless otherwise determined by Article X . Sign Standards Pag e J Town of Westlake Unified Development Code resolution of the Board . Proceeds shall be first applied to pay assessed costs, administrative costs, and other costs reasonably incurred . SECTION 11 TIME LIMITATION OF APPROVED APPLICATIONS 11.1 General Approved .applications for signs or display cases shall be considered null and void when any of the conditions below are found to exist: A . That such sign or display case was not built or placed in accordance with the approval granted . B. That the sign or display case was not placed on the site within ninety (90) days of approval and no extension of time has been granted by the approving body . C. That the business license has lapsed or become inactive, or the sign is considered abandoned as described in Section 10 of this Article . SECTION 12 SIGNS AND DISPLAY CASES WITHIN THE COMMERCIAL DISTRICTS Page 4 12.1 General All signs or display cases in the commercial districts require a sign permit. The Chief Building Official may, subject to the standards set forth in this Ordinance, temporarily approve an application for a sign or display case. Such approval shall expire at the next meeting of the Board of Aldermen . All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The following regulations shall apply with ii1 the commercial districts . 12.2 Prohibited Signs and Display Cases No sign or d isplay case shall be permitted that: A. Does not pertain to a commercial use on the site . B . Is incomp·atible in design with the building and space allotted . C. Is flashing, illuminated, phosphorescent, moving or primarily glossy . D. Contains letteri-:;. :::x ceeding twelve (12) inches in height. E. Projects or extends above the eave or parapet line , if attached to any stru ctu re . F . Is for a business which does not have an active business license on file with th e Town . G . Exceeds twenty-four (24) square feet in area . H. Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the Town . affect the peace . health and welfare of the community or result in a deg radation of prop e rty valu es and/or an increase in the cost of municipal services . 12 .3 Maximum Allowable Sign Area The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district. Article X. Sign Standards Fe bru ary 16 . 1998 Town of Westlake Unified Development Code A. A building with forty (40) feet or less frontage on a public way, shall not exceed sixteen (16) square feet of exterior signs and ten (10) square feet of interior signs. B. A building with frontage greater than forty (40) feet on a public way , shall not exceed four (4) square feet of signs for each ten (10) feet of frontage or major fraction thereof, up to a maximum of twenty-four (24) square feet for exterior and twenty (20) square feet of interior signs. C. A building with frontage on more than one public way, shall not exceed four square feet of signs for each ten (10) feet of frontage on any building face for both interior and exterior signs, up to a maximum of twenty (20) square feet unless the building elects not to place signs on one of the faces in which event the provisions of 2 . above will apply . D. A building designed in such a way as to have business locations within the interior of the structure served by an interior mall or by other means of ingress and egress by the public shall be limited to one ( 1) sign at each entry identifying the building or mall name and a directory which may contain the names of all businesses within the building. Individual businesses within the building shall be limited to one (1) projecting sign not to exceed three (3) square feet in area or one (1) flat sign not to exceed six (6) square feet in area when approved by the Board of Aldermen . Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual s igns within the mall or walkway area of the building other than as permitted above . E. The Board of Aldermen may make special exemptions to the above allowable areas where hardship is incurred or where unusual design of a building requires special consideration . 12.4 Signs Exempt from Fonnal Review A . Interior signs of one hundred and sixty (160) sq ua re inche s or les s wh en th e aggregate area does not exceed that allowable for inte rior signs . 8 . Temporary signs as provided for in this Ordinan ce . C . Political signs so long as they do not exceed the ma xi mum square footage provisions of this Section. Thirty (30) days after the election , which includes any run off election, all political signs pertaining to such election shall be removed or be subject to removal by the Town . Candidates shall be responsible for removal of their political signs . If the Town removes the sign s, it may assess the candidate the actual costs of removal. 12.5 Sign Area February 16, 1998 In calculating the area of signs, the following shall apply : A. All faces of a multifaced sign shall be included except for double -faced signs in which case only one face shall be included . 8 . For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly r:ontain the sign . C . That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or other wise , but exclusive of the brackets from which the sign is hung . Article X . Sign Standards Page 5 Town of Westlake Unified Development Code 12.5 Standards for Display Cases A. All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. B. Display cases shall not exceed ten (10) square feet in area or ten (10) cubic feet in total volume . C. Display cases shall contain but one sign no larger than necessary to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed twenty four (24) square inches . D. Display cases shall be located on the same property as the business premises to which the display case applies. E. All display cases shall be maintained in accordance with the approval granted for their placement F. Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. SECTION 13 SIGNS WITHIN THE RESIDENTIAL DISTRICTS 13.1 General Page 6 It is recognized that no house numbering system exists in most parts of Westlake, and house signs featuring either the name of the house or the name of the occupant, or both, have historically served a necessary function in locating residences and their occupants by a method deemed preferable to a house numbering system. It is further recognized that there are other situations wherein the use of signs by property owners in the residential district is deemed appropriat e : such signs, however, to be subordinate to the primary signs naming the house or occupants . To provide appropriate regulation of such signs, this Section is enacted . The following regulations shall apply to all signs in the residential districts : 13.2 Prohibited Signs A. Self-illuminated, luminescent, fluorescent signs or signs having any characteristic which makes them glow or shine . B. House name signs and occupant name plates exceeding two (2) square feet each in area and "No Handbills Allowed" or "No Soliciting Allowed" signs exceeding 2" x 12". C. Signs other than temporary signs described elsewhere in this Ordinance . which are made of cardboard or less permanent material. D. Permanent signs exceeding an aggregate area of four (4) square feet when not otherwise authorized through a use permit E. Temporary signs which : 1. Exceed four (4) square feet in area . 2 . Have letters exceeding four (4) inches in height. 3. Total more than two (2) such signs on a single family building site . Article X. Sign Standards February 16. 1998 Town of Westlake Unified Development Code 4 . Construction signs exceeding that allowable under this Ordinance . 5 . Any sign not expressly allowed in this Ordinance . 13.3 Allowable Signs A. House name signs and occupants' name plates . 8 . House name signs and occupants' name plates are those signs which, by their nature and wording, identify either the house or its occupant, or both, and which essentially take the place of house numbers. Such signs may include pictorial and decorative designs as well as words, and may be in any shape or form , but shall not exceed four (4) square feet in area. The name of a ranch or farm when incorporated into an entranceway or gate to the property is exempt from these provisions if such has been approved by the Board of Aldermen . The names or designs denoting ranches in existence at the time of the pasc;age of this Ordinance are exempt from the provisions of this Ordinance . 13.4 Home Occupation Signs Home occupation signs are those signs designating a permitted home occupation in the residential district being carried on at the site, and are only permissible in the R200 Country Residential Districts. The legend designating the home occupation may be merged with house names or occupant's type sign, thus constituting one sign; or may, at the occupant's option , be stated on a separate sign , providing however, that such separate sign shall not exceed an area of two (2) square feet. 13.5 Temporary Signs Temporary signs, as provided for in this Ordinance. In addition, one garage sale, rummage sale or estate sale sign not exceeding three (3) square feet or having letters exceeding three (3) inches in height may be displayed on the site during the hours of the sale . 13.6 Political Signs Political signs may be placed on the property provided they do not exceed four (4) square feet in area provided that: A. No political sign may be placed in the public roadway or easement adjacent to such roadway or placed in any location which would cause a traffic hazard by obscuring or in any manner blocking the vision of any driver of a vehicle using the public street or entering any such street. B . Thirty (30) days after the election, which includes any run off election, all political signs pertaining to such election shall be removed or be subject to removal by the Town pursuant to the provisions of this Ordinance . SECTION 14 CONSTRUCTION REQUIREMENTS 14.1 General February 16 , 1998 A . All signs shall be constructed and supported to withstand a horizontal pressure of thirty (30) pounds for every square foot of exposed surface . All structural members . hangers. braces, tie rods. cables. anchors and fastenings shall be of sufficient strength to withstand the stresses that may be brought upon them with a factor of safety of six (6) Article X . Sign Standards Page 7 Town of Westlake Unified Development Code B. Signs weighing twenty (20} pounds or less attached to the wall of a building may have the cable or wire hanger anchored with an expansion shield and bolt: provided, that the wall is sound and the projection of the sign is not excessive in relation to the size of the wall and pitch of the hanger. Wall anchors for guy cable or wires for such signs shall be expansion shields and bolts or through bolts fastened on the opposite side of the wall. No staples or nails shall be used for anchoring any guy wire or cable . C. Where signs and sign frames are supported or suspended with chains or wire, chains or wire of not less than No. 8 B & B standard gauge shall be used . Chain supports shall have welded links of not less than three-sixteenths of an inch in diameter. No cable shall be tied or loosely twisted around any anchor or any other support, but shall be property sized around the anchor or joined into a loop and the loose end fastened to the standing part of the cable with approved clips or clamps . Where signs are bolted to supports, the bolts shall be supplied with lock nuts. All cable and wire used in hanging signs shall be galvanized . All other supports and exposed structural parts shall be maintained in a safe condition at all times and kept in good condition and repair. 14.2 Signs Erected Upon or Anchored to Fire Wall or Coping No sign shall be erected upon the fire wall or coping of any building unless such wall is especi~lly designed to carry the additional load . No sign shall be anchored to such wall, but shall be attached to and supported by other structural parts of the building . 14.3 Glazing: Strength of Glass The glazing of signs shall be done in a substantial manner. Glass shall be well bedded in putty and secured in substantial frames of copper or zinc tracery . Glass may be plate or double strength . In no case shall glass less than one-eighth of an inch in thickness be used. No single light of plate glass shall exceed two hundre d (200) square inches in area . No light of double strength glass shall exceed six hundred (600) square inches in area . 14.4 Obstruction of Lighting and Utilities No outside advertising shall be so placed as to appreciably obstruct the lighting of any street, alley or public property, or interfere with any public utility service or traffic-control device . 14.5 Obstruction of Fire Escapes Prohibited No sign of any kind shall be placed in any position in such a manner as to obstru ct any fire escape , door, window or other passageway leading to a fire escape or to a street exit, nor shall a sign be fastened in any manner to a fire escape . SECTION 15 PLACEMENT ON ANOTHER'S PROPERTY Page 8 It shall be unlawful for any person to post, paint or otherw ise exhibit any billboard . advertisement, poster , bill or other notice or sign, on any property not owned or controlled by him, without the permission of the person owning or controlling said property . Article X. Sign Standards February 16 . 1998 Town of Westlake Unified Development Code SECTION 16 PLACEMENT ON VEHICLES It shall be unlawful for any person to place or cause to be placed anywhere in the Town, any poster, placard, handbill, or advertising material on any vehicle, or in any location, in such a manner that the same may reasonably be expected to be blown about by the wind. It shall be presumed that the person's name that appears on said poster, placard, handbill, or advertising material has knowledge of the location and manner that said item was placed. It shall be further presumed that if a large number of said items are found scattered about and being blown about by the wind that the items were placed in such a manner that they might reasonably be expected to be blown about by the wind. SECTION 17 PLACEMENT OF OUTDOOR ADVERTISING ON TREES, ROCKS, ETC. It shall be unlawful for any person to erect, maintain or paint any sign, billboard or other outdoor advertising upon a tree, rock or other natural feature . SECTION 18 PROHIBITED ADVERTISING DEVICES The following types of signs and advertising devices are not permitted within the corporate limits of Westlake: A . Advertising searchlights . 8 . Alf off-premises commercial signs and billboards . C . Any signs on a single or double pole structure that extend into the air more than eight (8) feet as measured from the top of the structure to the grade under the sign . D. Sky signs . E . Street banners or festoons . F. Off premises banners. G . Sandwich or "A-frame" signs . H. Sidewalk or curb signs . I. Tethered pilotless balloons or other gas-filled advertising devices . J . Signs placed on vehicles and used as stationary advertising devices . K. Mobile advertising . L. Changeable copy sign . SECTION 19 FUNCTIONS OF THE BOARD OF ALDERMEN February 16 . 1998 The Board of Aldermen will review all applications fo r signs and d isplay cases , grant or deny said applications . and issue sign permits . In reviewing said applications , the Board will uphold the provisions of this Ordinance ; will assure that the signs will be compatible with the property and use thereof, and will not create hazards , confusion, poor aesthetics, loss of business, clutter and garishness. adversely affect the stability and value of property , or produce degeneration of property with attendant deterioration of conditions affecting the peace , health and welfare of the Town . Article X . Sign Standards Page 9 , / Town of Westlake Unified Development Code ARTICLE XI. PLANNED DEVELOPMENT REGULATIONS SECTION 1 GENERAL REQUIREMENTS .................................................................................... 1 1.1 Purpose ...................................................................................................................... 1 1.2 Nature of District and Minimum Standards ................................................................. 1 1.3 Plans Required ........................................................................................................... 3 1.4 Pre-application Conference ........................................................................................ 4 1.5 Compliance with Approved Plans .............................................................................. .4 SECTION 2 PLANNED DEVELOPMENT DISTRICT PROCEDURES ......................................... 4 2.1 Establishment of District and Concept Plans ............................................................ .4 2.2 Development Plans .................................................................................................... 8 2.3 PD Site Plans ........................................................................................................... 11 2.4 Amendment of Plans ................................................................................................ 15 SECTION 3 EFFECT ON EXISTING PDs ...........................•....................................................... 16 July 13. 1998 3.1 Site Plans ................................................................................................................. 16 3.2 District Amendments ................................................................................................ 16 .. , Artide XI. Planned Development Regulations Table of Contents Page i ARTICLE XI. PLANNED DEVELOPMENT REGULATIONS SECTION 1 GENERAL REQUIREMENTS Page 1 1.1 PURPOSE The purpose of this Article is to provide for the creation of planned development zoning districts ("PD Districts"). PD Districts c;ire intended to provide for the development of land as an integral unit for single or mixed use in accordance with a PD Concept Plan that may include uses, regulations and other requirements that vary from the Town's Unified Development Code (the "UDC") or from other ordinances, rules or regulations of the Town . PD Districts are intended to implement generally the goals and objectives of the Town's Comprehensive Plan, but may be accompanied by specific amendments to provisions of the Plan . the Open Space Plan or the Thoroughfare Plan. PD Districts are also intended to encourage flexible and creative planning, to ensure the compatibility of land uses , and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes: • to provide for a superior design of lots or buildings ; • to provide for increased recreation and/or open space opportunities for public use; • to provide rural amenities or features that would be of special benefit to the property users or community ; • to protect or preserve natural amenities and environmental assets su c h as trees, creeks, ponds, floodplains, slopes or hills and viewscapes ; • to protect or preserve existing historical buildings , stru cture s , features or places ; or • to provide an appropriate balance between the intensity of developme nt and the ability to provide adequate supporting public facilities and service s . 1.2 NATURE OF DISTRICT AND MINIMUM STANDARDS Each PD District is intended to be a free-standing zoning district in which land uses and intensities of land use may be tailored to fit the physical features of the si tP and to achieve compatibility with existing and planned adjacent uses . In order to ensure that a PD District implements the policies of the Comprehensive Plan , and to further ensure that the PD District is in accordance with a comprehensive plan of zoning regulation, it is necessary to establish minimum standards for residential and non - residential uses proposed for the PD District that must be incorporated within an ordinance adopted by the Board (the "PD Ordinance"). A . Land Use 1. Uses . Unless otherwise provided by the PD Ordinance. only those uses authorized by the Town's UDC are permitted in PD Districts , except that the following special uses may be authorized in accordance with the minimum standards set forth in this Subsection 1.2 following promulgation of specific dimensional. area , and design criteria governing such uses : Article XL Planned Development Regulations C*~eral Requirements July 13 . 1998 July 13. 1996 Town of Westlake Unified Development Code a. b. c . retail shopping mall; destination resort; and mixed use town center. 2. Location. The location of all authorized uses shall be consistent with the PD Concept Plan and PD Site Plan. 3. Residential Density. Unless otherwise provided by the PD Ordinance on the basis of exceptional design and provision of enhanced open space, residential density shall not exceed two (2) units per gross acre for single-family residential use and eighteen (18) units per gross acre for multi-family use. B. Open Space Standards 1. Public and Private Open Space. Unless otherwise provided by the PD Ordinance , a minimum of twenty percent (20%) of the gross land area within the entire PD District shall be d~voted to open space, consistent with the open space requirements of the Town's Open Space Plan . Open space for PD Districts may be satisfied by either public or by a combination of public and private open space. Open space requirements specified in this Subsection 1.2.B.1 are in addition to requirements for site landscaping and buffering . , Public open space shall be dedicated to the Town . 2. Preservation of Natural Features. Unless otherwise provided by the PD Ordinance or PD Concept Plan : d. Floodplain areas shall be preserved and maintained as open space; and e. Significant stands of native trees and shrubs shall be preserved and protected from destruction or alteration. 3. Open Space Amenities. An applicant for a PD District may propose open space amenities in order to intensify the uses of the land within the district. 4. Open Space Allocation. Open space requirements shall be satisfied for each phase of a multi-phased residential development. If open space is not to be provided proportionally among phases of development, the applicant must execute a reservation of open space in a form that will assure the Town that such open space will be provided . The Town may require that all open space within the district must be provided prior to completion of development within the district. C. Other Minimum Development Standards 1. Dimensional and Area Standards. Unless otherwise provided by the PD Ordinance. dimensional and area standards for uses shall be the most restrictive standards authorized by the Town's UDC for the same or similar uses . 2. Non-Residential Uses. Unless otherwise provided by the PD Ordinance. the following standards shall apply to all non-residential uses within a PD District: Article XI. Planned Development R~ulations General Requirements Pag ~ 2 Page 3 f. Height No structure shall exceed the lower of three (3) stories or 45 feet above natural grade; however, the Board may allow up to five (5) stories or 75 feet adjacent to State Highway 114 if authorized by view analysis from r~sidential areas . g. Drainage. Drainage features shall be integrated into the design of the development and shall be contained within ponds and streams with a natural appearance wherever possible. h. F.A.R. shall not exceed .3; however, the Board may authorize higher intensities of use if supported by traffic impact analysis and site-specific open space analysis . 1.3 PLANS REQUIRED There are three types of plans that may be required as part of the development process within a PD District. The general purpose and use of each plan is described as follows : A . PD Concept Plan. The PD Concept Plan is mandatory and is intended to be used as the first step in the PD development process . It establishes the most general guidelines for the PD District by identifying the land USP<'" and intensities, thoroughfare locations, ~ .. :'. open space boundaries (including public trail systems). It also illustrates the integration of these elemen ts into a master plan for the whole PD District. The PD Concept Plan, as incorporated in the PD ordinance and together with the text of the ordinance , establishes the development standards for the PD district. The Board may waive PD Concept Plan requirements in the adopting ordinance and defer satisfaction of such requirements until the time of PD Oevelopment Plan or attach specific conditions to be satisfied at Site Plan approval. B. PD Development Plan. A PD Development Plan is optional and is intended to be used where necessary as the second step of the PD developme nt process . A PD Development Plan may be used where the developer requ e sts or the Board requires certain standards for the PD District to be specified after initial establishment of the PD District, and constitutes an amendment to the approved PD Concept Plan and PD Ordinance. A PD Development Plan includes more detailed information as to the specific land uses and their boundaries. The purposes of a PD Development r :ei n a . ..: to allow flexibility in th e development process by deferring specification of all development standards at the time of PD District creation and to enable developers to satisfy conditions imposed on creation of the District prior to submittal of a PD Site Plan . C. PD Site Plan. A PD Site Plan is mandatory and is the final step of the PD development process . The purposes of a PD Site Plan are to assure that the development of individual building lots, parcels , or tracts within the PD District are consistent with the approved Concept Plan and Development Plan . if any , and to assure that the standards applicable within the PD District are met for each such lot. parcel or tract. A PD Site Plan shall continue to be valid for a period of four years after it is approved by the Commission ; however, such period may be extended by the Board . A PD Site Plan shall terminate at the end of such four-year period (or extended period if approved by the Board) unless , within such period , a preliminary plat has been filed with the Town for all of the land covered by such PD Site Plan . If a PD Site Plan terminates . development of Article XI . Planned Development Regulations General Requ irements July 13 . 1998 July 13 . 1998 Town of Westlake Unified Development Code the land covered by the terminated plan cannot occur until a new PD Site Plan has been approved for the land as provided by this Article . 1.4 PRE-APPLICATION CONFERENCE An applicant for a PD Development Plan or PD Site Plan is encouraged to request a pre-application conference with the Town Planner prior to formal application. At the pre-application conference, the applicant should present a draft plan with as much detail as possible. Based on the information presented, the Town Planner will provide initial comments concerning the compliance of the proposed development and inform the applicant of additional requirements for preparation of the formal application. 1.5 COMPLIANCE WITH APPROVED PLANS Except as otherwise provided by the subdivision provisions of ttie Town's Unified Development Code, no development shall begin and no building permit shall be issued for any land within a PD District until a PD Site Plan that is consistent with the PD Concept Plan and applicable PD Development Plan has been approved . Each PD District shall be developed, used, and maintained in compliance with the approved PD Site Plans for the district. Compliance with the PD Ordinance shall be construed as a condition precedent to granting of Certificates of Occupancy . SECTION 2 PLANNED DEVELOPMENT DISTRICT PROCEDURES 2.1 ESTABLISHMENT OF DISTRICT AND CONCEPT PLAN A. Zoning Amendment. An application for the establishment of a PD District shall be made to the Commission . The application shall : 1. Be accompanied by a PD Concept Plan ; 2 . Be accompanied by a list of proposed PD District development standards; 3. Identify the Town's then-current zoning district which shall apply to the extent not otherwise provided by the PD Concept Plan or by the proposed PD District development standards; 4 . Be accompanied by a concept plan informational statement, and traffic impact analysis unless waived by the Board . Except to the extent provided by the PD Concept Plan and the PD Ordinance, development within the PD District shall be governed by all of the ordinances, rules, and regulations of the Town in effect at the time of such development (including the standards of the Town's zoning district so identified in the application). In the event of any conflict between (i} the PD Concept Plan and the PD Ordinance and (ii} the then-current ordinances, rules, and regulations of the Town, the terms, provisions, and intent of the PD Concept Plan and PD Ordinance shall control. In addition, prior to action by the Commission on the establishment of the PD District, the applicant shall submit a traffic impact analysis . B. PD Concept Plan. A PD Concept Plan (or, at the applicant's option, a PD Development Plan} shall be processed simultaneously with the zoning amendment application, and if the zoning amendment application is approved, the PD Concept Plan (or PD Development Plan) shall be incorporated as part of the PD Ordinance . The graphic depictions contained on a PD Concept Plan shall Article XI. Planned Development Regulations General Requirements Page 4 Page 5 be considered as regulatory standards. Each PO Concept Plan shall be prepared on one or more standard sheets of sizes of 30" x 42" or 24" x 36" and at an engineering scale of 1"=100' or larger. If 11JUltiple sheets are required, an overall plan shall be submitted as well (which may be to any scale). Unless waived by the Board on recommendation of the Town Planner, each PO Concept Plan shall graphically depict the following : 1. A diagram or drawing of the boundaries of the proposed PO District; 2. Proposed and existing land uses by category (including, if applicable, proposed and existing land uses by category for any sub-areas to be developed within the PD District); 3. Proposed density by type of residential uses. including the maximum numbers of dwelling units for residential uses other than single-family detached and lot sizes for single-family detached; 4. Proposed estimated total floor area and floor area ratios by category of non-residential uses, together with residential view analysis, if any; 5. Proposed configuration of public and private open space serving the development, showing the relationship to the Town's Open Space Plan, including trail system and access points to the trail system, estimated dimensions and approximate area, and areas to be dedicated to the public or to a private maintenance organization, if known; 6 . Proposed and existing thoroughfares, boulevards and large streets : 7 . To the extent known for adjoining land, existing land uses (by zoning district). existing thoroughfares: and existing open space for such adjoining land; 8. Any amenities proposed for purposes of achieving density or intensity bonuses; and 9. A general plan for circulation of traffic and pedestrians within and external to the development, including designated points of access . C. Proposed PD Development°Standards. Proposed PD District development standards shall be processed simultaneously with the zoning amendment application, and if the zoning amendment application is approved. such standards shall be incorporated as part of the PD Ordinance . Such proposed development standards may include (but shall not be limited to) uses : density; lot size; lot dimensions; setbacks; coverage ; height; landscaping ; lighting, fencing, parking and loading; signage; open space ; drainage; and utility and street standards . Any graphic depictions used to illustrate such standards . unless otherwise provided in the PD Ordinance , shall be considered as regulatory standards. D. Concept Plan Informational Statement. A PD Concept Plan shall be accompanied by an informational statement containing the information set forth below . If the zoning amendment application is approved. the informational statement shall not be binding on the applicant or the land owner and shall not be considered part of the PD Concept Plan or the PO Ordinance . Informational statements shall be updated concurrently with any amendment to the PD Concept Plan and with each PD Development Plan . Each statement shall include the following: Article XI . Planned Development Regulations PD Procedures July 13 . 1998 July 13 . 1998 Town of Westlake Unified Development Code .1. A general statement setting forth how the proposed PD District will relate to the Town's Comprehensive Plan; 2. The total acreage within ihe proposed PD District; 3 . If the development is to occur in phases, a conceptual phasing plan that identifies the currently anticipated general sequence of development, including the currently anticipated general sequence for installation of major capital improvements to serve the development; and 4. An aerial photograph with the .boundaries of the PD Concept Plan clearly delineated . E. Traffic Impact Analysis. Prior to or simultaneous with submission of an application for the establishment of a PD District, the applicant shall submit to the Town's transportation engineer a traffic impact analysis for the proposed PD District. The analysis must be approved by the Board prior to or concurrently with the approval by the Board of the PD District. The traffic analysis shall not be considered part of the PD Concept Plan or the PD Ordinance but may be used to condition the density or intensity of uses or the timing of development within the District based upon the existence of a supporting roadway network adequate to accommodate the traffic expected to be generated . The traffic impact analysis shall be updated with each PD Site Plan. F. Complete Application. No application for the establishment of a PD District shall be deemed to be filed with the Town until the Town Planner has determined that the PD Concept Plan is complete, that the proposed PD District development standards have been identified, a traffic impact analysis has been submitted, and that the informational statement is complete . Fifteen (15) copies of all such materials shall be submitted . G. Commission Recommendation. The Commission, after notice and public hearing in accordance with the Town's UDC procedures , shall formulate its recommendation with respect to establishment of a PD District. The recommendation of the Commission shall be forwarded to the Board for decision . H. Board Decision. Following receipt of the Commission 's recommendation , the Board, after notice and public hearing in accordance with the Town's UDC procedures, shall conduct a public hearing and shall approve , approve with conditions , or deny the application for establishment of the PD District. I. Approval Criteria. Based upon the PD Concept Plan , the Commission, in making its recommendatic;ms to the Board , and the Board , in determining whether the PD District should be established , shall consider whether the following criteria have been met: 1. The plan of development is generally consistent with the Town's Comprehensive Plan (as such plan may be amended prior to or concurrently with approval of the PD District); 2 . Proposed uses and the configuration of uses are compatible with existing and planned adjoining uses ; 3. The general arrangement of streets conforms to the Town's Thoroughfare Plan (as such plan may be amended prior to or concurrently with approval of the PD District); Article XI. Planned Development Regulations PD Procedures Page 6 Page 7 4 . Proposed uses, development densities and intensities, and development regulations are generally consistent with this Article; 5. The configuration of the proposed open space serving the development is consistent with the Town's Open Space Plan (as such plan may be amended prior to or concurrently with approval of the PD District); 6 . The amenities proposed justify proposed densities or intensities ; 7. The proposed plan of development furthers the public health , safety and general welfare of the community; and 8. The traffic impact analysis demonstrates that the capacity of the proposed roadways shown on the proposed PD Concept Plan, together with any roadways within related PD Districts and the supporting roadway network, are adequate to accommodate the traffic expected to be generated by the uses, densities and intensities of use shown on the PD Concept Plan in and authorized in the PD Ordinance in a timely and efficient manner . J. Conditions. The Commission may recommend, and the Board may require, such conditions to the establishment of a PD District and to the approval of a PD Concept Plan as are reasonably necessary to assure that the purposes of the District and the approval criteria for the PD Concept Plan are met. Such conditions may include the requirement of a PD Development Plan . K. Adopting Ordinance. The PD Ordinance shall include the PD Concept Plan as an exhibit to the ordinance and shall include the following : 1. A statement of the purpose and intent of the PD District; 2. A metes and bounds descri~tion of the land within the PD Distri c t; 3. A list of the specific land uses permitted within the PD Dis tr ict. together with a description of the sub-areas. if any, in which such uses a re allowed; 4 . The maximum density or intensity of each permitted land use ; 5. A list of all the PD District development standards , together with necessary graphic illustrations; 6 . Identification of the Town's then-current zoning district standards that shall apply to the extent not otherwise provided by the PD Concep t Plan or PO Ordinance ; 7. Identification of the development standards, if any (whether in the PD Ordinance or in the then-existing ordinances , rules , or regulations of the Town). that may be deferred for specification until approval of a PD Development Plan or that may be varied by the Board as part of the approval process for a PD Site Plan 8. Unless otherwise identified on the PD Concept Plan , the general location and size of open space serving the development; including any proposed dedication of open space to the public or to a maintenan ce organization . 9. Provisions governing amenities, if any , to justify dens ities or intensities . Article XI. Planned Development Regulatio ns PD Procedures July 13, 1998 July 13 . 1998 2.2 Town of Westlake Unified Development Code 1 O. Such additional conditions as are established by the Board to assure that the PD District and PD Concept Plan are consistent with the purposes of the District and the approval criteria for the Concept Plan . DEVELOPMENT PLANS If the Board requires as a condition of establishing the PD District and approving a PD Concept Plan that PD Development Plans be submitted prior to submittal of a PD Site Plan, a PD Development Plan may be prepared and submitted for the entire development at one time or for individual phases of development. Each plan shall be submitted in fifteen (15) copies to the Town Secretary. Each PD Development Plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the Town's Transportation Engineer or Town Planner, the applicant for a PD Development Plan shall also submit an updated traffic impact analysis prior to Commission action. A. Submittal Requirements for PD Development Plans 1. Approximations of the following: site boundaries and dimensions, lot lines, site acreage and square footage, and distances to the nearest cross streets; 2 . Location map, north arrow, title block and site data summary table; 3. Existing land uses and zoning classifications on adjacent properties; 4 . Any features omitted from the PD Concept Plan upon Board authorization; and 5 . Such additional features as a1e necessary to assure compliance with conditions established by the Board to be satisfied by the Development Plan : B. PD Development Standards. Development standards that were not specified in the PD Ordinance, as authorized by the Board . shall be submitted and approved as an amendment to the PD Ordinance and incorporated therein , in conjunction with approval of the PD Development Plan C. Development Plan Informational Statement. Each PD Development Plan shall be accompanied by an informational statement containing the information hereinafter set forth . The informational statement shall not be binding on the applicant or the land owner and shall not be considered part of the PD Development Plan or PD Ordinance. Informational statements shall be updated concurrently with any amendment to a PD Development Plan and with each PD Site Plan . Each informational statement shall include the following : 1 . Name and address of landowner and date of preparation of the PD Developmen! Plan; 2 . Name and address of architect, landscape architect. planner, engineer, surveyor, or other persons involved in the preparation of the PD Development Plan; 3 . A table listing the specific permitted uses proposed for the property, and, if appropriate, the boundaries of the different land uses and the boundary dimensions; Article XI. Planned Development Regulations PD Procedures Page 8 Pag e 9 4 . Development standards for each proposed land use, as follows : i. Minimum lot area; j . Minimum lot width and depth ; k. Minimum front, side, and rear yard areas; I. Maximum height of building ; and m. Maximum building coverage . 5. A list of the development standards, if any (whether in the PD Ordinance or in the then-existing ordinances, rules, or regulations of the Town that apply to development within the PD District), for which the applicant is seeking amendment by the Board as part of the PD Development Plan approval process. 6. If Board approval of any height increase is being requested, a view analysis of the impact of such requested variance on adjacent resident ial areas of the Town . 7. Preliminary and approximate building locations and building footprints; 8. Preliminary elevations and perspectives to show the relationsh ip of build _ing heights to surrounding topography; 9. Location of parking areas and structures for multi-family and non - residential uses , including areas for off-street parking ; 10 . A detailed description of how open space serving the developmen t will be satisfied for the phase of development represented by the PD Development Plan , including any proposed ded ications of open spa ce to the public or to a private maintenance organization ; 11 . If the PD Development Plan is a phase of the project (as described in the applicant's original informational statement submitted with the PD Concept Plan), depiction of the area subject to the development in rel ation to the then-current phasing plan, together with any LJpdate s of the then-cur ren t phasing plan that was submitted as part of the applicant's original informati~nal statement; and 12 . Preliminary tree survey . 13 . A list detailing each condition imposed by the PD Ordinance th at is to be satisfied through approval of the PD Development Plan . 14 . A list identifying each proposed addition or amendment to the PD ordinance . D. Preliminary Drainage Study. Each PD Development Plan shall be accompanied by a preliminary drainage study for the area covered by the study . The study shall be prepared by a professional engineer licensed in the Sta te o f Texas and experienced in the study of drainage issues . The preliminary dra inage study shall (i) conta in a topographical map of the area proposed for developm e nt to a scale not smaller than 1 inch = 200 feet : (ii ) generally desc ri be how th e proposed development will comply with the drainage design policies set forth below; (iii) include all information deemed necessary by the preparing engineer Artide XI. Planned Development Regulations ~o Procedures July 13 . 199 6 · July 13 , 1998 Town of Westlake Unified Development Code to support his or her determination that the proposed development will comply with the drainage design policies; and (iv)·'include all information reasonably requested by the Town Engineer to support his or her review of the preliminary drainage study. The purposes of the drainage design policies are to prevent flooding of adjacent properties, owned by third parties and to regulate water surface elevations and peak discharges. Development within the PD District shall not produce any increase in the water surface elevation (either upstream or downstream) due to a 5-year, 10-year, 50-year, or 100-year storm . If the discharge from the area proposed for development would increase the water surface elevation above predevelopment conditions on any property owned by third parties due to any of such storms, then such peak discharge must be regulated to the extent necessary to eliminate the increased water surface elevation . The regulation of discharges to eliminate such increases may be achieved using either on-site or off-site stormwater management facilities (such as detention areas, retention areas , and infiltration and sedimentation ponds). E. Updated Traffic Impact Analysis. If deemed necessary by the Town's transportation engineer or if required by the PD Ordinance, the applicant for a proposed PD Development Plan shall submit an updated traffic impact analysis prior to action by the Commission. The purpose of the updated analysis is to determine whether the traffic estimated to be generated by the development shown on the proposed PD Development Plan will necessitate specific on-site or adjacent traffic improvements (e .g ., tum lanes, stacking lanes , signalization , etc.) and to determine whether conditions attached to the Concept Plan based on the original traffic impact analysis have been met. F. Commission Recommendation. The Commission , after notice and public hearing in accordance with the Town's UDC procedures . shall recommend to the Board whether to approve, approve with cond itions , or disapprove each PD Development Plan , together with each proposed am endments to the PD Ordinance . G. Board Decision. Upon receipt of the Commission 's recommendation, the Board, after notice and public hearing in accordance with the Town's UDC procedures, shall approve, approv e with conditions , or disapprove each PD Development Plan and each proposed addition or amendment to the PD Ordinance . H. Approval Criteria. The Commission, in ma king its recommendation to the Board, and the Board, in acting upon each PD Development Plan and proposed addition or amendment to the PD Ord inance. shall determine whether the proposed PD Development Plan and ordinance add ition or amendment meets the following criteria : 1. The plan generally is consistent with the approved PD Concept Plan (including open space, trails, and thoroughfares): 2. The plan generally is consistent with the developm ent standards set forth in the PD Ordinance ; 3 . The plan satisfies any conditions establish ed by th e Board in the PD Ordinance relating to Development Plan approval ; 4. The plan is generally consistent with the standards and conditions of the UDC and of other ordinances . rules and regulations of the Town (to the Article XI. Planned Development Regulations PD Procedures Page 10 Page 11 extent that such standards and conditions are applicable to development within the PD District); 5. The traffic estimated to be generated by the plan is generally consistent with the original, Board approved traffic impact analysis and any conditions to be satisfied at the time of the Development Plan approval have been met; 6. The plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.); and 7. The preliminary drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas can be improved in a natural manner. I. Conditions. The Commission may recommend, and the Board may require, such conditions to the approval of a PD Development Plan as are reasonably necessary to assure that the approval criteria are met. J. Approving Ordinance. The Development Plan shall be incorporated within an ordinance amending the PD Ordinance and the Concept Plan . The amending ordinance shall set forth all standards necessary for development of the land subject to the Development Plan that were not included in the PD Ordinance. The amending ordinance also shall repeal or amend any conditions that were attached to the PD Ordinance that have been satisfied as a result of approving the Development Plan and associated amendments . 2.3. PD SITE PLANS A. Delegation to Commission. The Commission hereby is delegated the authority to approve, conditionally approve, or deny PD Site Plans and all amendments thereto, subject to appeal to the Board . Any Site Plan subject to a request for variances or other modifications that are reserved for the Board by these PD regulations shall be decided by the Board upon recommendation of th e Commission . B. Submittal Requirements. The following requirements apply to each application for PD Site Plan approval : 1. Size. PD Site Plans shall be prepared on one or more standard sheets of sizes of 30" x 42" or 24" x 36" and at an engineering scale of 1"=100' or larger. If multiple sheets are required , an overall plan shall be submitted as well (which may be to any scale). PD Site Plans shall be prepared by a registered engineer, architect, or landscape architect. 2. General Information. n. North Arrow; o . Total site acreage ; p. Submission date ; q . Scale (written and graphic); r. Vicinity mf!p ; Artide XI. Planned Development Regulations PD Procedures July 13 . 1998 July 13 . 1998 Town of We.stlake Unified Development Code s. Names, addresses, and telephone numbers of designer, engineer, developer, and owner; l A boundary survey of the site with the location of proposed land uses; u. Adjacent subdivision names and property lines ; and v. Adjacent land uses and structures . 3. Structures w . Location, dimensions, and use of all existing facilities and proposed building sites; x. Setback a,_nd separation distances between building sites; y. Proposed construction type and facade materials for all multi-family and non-residential buildings (the Commission may require elevations and perspective drawings); z. Proposed density of each use ; and aa . Proposed location of screening along public roadways shown on the PD Concept Plan . 4. Streets and Sidewalks bb . Location and width of all rights-of-way and easements ; CC . curbing ; Location and dimensi ons of all pavement and dd . Location and width of all side wa lks ; ee . ff. Location and width of all in gress/egress points ; Location and width of all medians and median breaks ; and gg . Location of any special traffi c regulation facilities . 5 . Off-Street Parking and loading Areas hh . Number, location , and dimension of spaces ; ii. Type of surface material of park ing facility ; jj. Dimension of aisles , driveways , maneuvering areas , and curb return radii ; kk . Distance between spaces and adjacent rights -of- way ; IL Location of all exist ing and proposed fire lanes and hydrants ; and mm . Proposed lighting diagram. 6. Landscaping Article XL Planned Development Regulations PO Procedures Page 12 Page 13 nn . Location and size of major tree groupings and existing hardwood trees of 6"caliper or greater • noting whether they are to be removed or retained; oo. Location and size of proposed plant materials, pp. qq. rr. SS. tt. including paving, together with type and species of plants; screens; and parking areas; and Number and type of each landscape element; Height and type of all fencing or buffering; Height of all planters, sculptures, and decorative Location and type of trash receptacle screening; Location and type of lighting for streets, signage, uu. Location of visibility triangles where required . 7. Drainage w . Direction of water flow; NW. xx. intervals; Quantity of-::-; ~.ind off-site water generation; Topographic contours at a minimum of 5 foot yy . Points of concentrated water discharge ; u.. Areas where special design and construction may be necessary due to slope or soil conditions; and aaa. Location and design of all water detention and drainage areas bbb . Drainage ways, creeks, and limits of the 100 year floodplain and floodway as shown on current FEMA mapping or the Town's master drainage plan, including location and acreage, together with a general plan for accommodating flood waters and drainage . 8. Preliminary Service Plan ccc. A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area . If no Development Plan has been required and approved by the Board, the drainage plan shall incorporate the requirements of the preliminary drainage study specified in section 2.2.D . ddd . The proposed method of providing water and sewer service . eee. If no Development Plan has been required and approved by the Board. an updated traffic impact analysis as required by section 2.2.E. 9 . A list of the development standards, if any (whether in the PD Ordinance or in the then-existing ordinances. rules . .-or regulations of the Town that apply Article XI. Planned Development Regulations PD Procedures July 13. 1998 July 13 . 1998 Town of Westlake Unified Development Code to development within the PD District). for which the applicant is seeking a variance by the Board as part of the PD Site Plan approval process ; and 10. If Board approval of any height increase is being requested, the applicant shall prepare (at the request of the Town Planner) a view analysis of the impact of such requested variance on adjacent residential areas of the Town. C. Commission Decision. The Commission, after notice and public hearing in accordance with the Town's UDC procedures, shall approve, approve subject to conditions, or deny each PD Site Plan . D. Approval Criteria. The Commission. in approving, conditionally approving, or denying a PD Site Plan, shall consider the following criteria : 1. The plan complies with the applicable PD Concept Plan or Development Plan, if any, and with the PD Ordinance. including expressly conditions attached to the Concept Plan, Development Plan or PD Ordinance . 2 . The plan complies with the standards and conditions of the UDC and of other ordinances, rules and regulations of the Town (to the extent that such standards and conditions are applicable to development within the PD District); 3. If no Development Plan was required and approved by the Board, the traffic estimated to be generated by the plan is generally consistent with the original, Board approved traffic impact analysis ; 4. If no Development Plan was required and approved by the Board, the plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e .g ., turn lanes, stacking lanes , signalization, etc.); 5. If no Development Plan was required and approved by the Board, the preliminary drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas can be improved in a manner approved by the Board; and 6 . Landscaping for the Town Edge promotes continuity and unity consistent with the landscape plan for the development and encourages views to public open space and public landmarks . E. Conditions. The Commission, or the Board on appeal , may establish such conditions to the approval of a PD Site Plan as are reasonably necessary to assure that the approval criteria are met. F. Appeal from Commission Action. If the Commission approves a PD Site Plan with conditions or if it disapproves a PD Site Plan, the applicant may appeal the decision to the B 0 oard by filing a written request with the Town Secretary within ten (10) days after the Commission's decision G. Variances . If the applicant requests a variance from PD Ordinance standards or other ordinance requirements, the variance request will be forwarded to the Board with the Commission's recommendation for decision . Procedures and Article XI. Planned Development Regulations PD Procedures Page 14 Page 15 criteria for approval shall be those applicable to variances under Art. I, sec. 12 .4 of the Uriified Development Code. 2.4 AMENDMENT OF PLANS A. PD Concept Plans. PD Concept Plans (excluding informational statements) are considered part of the PD Ordinance. Any amendment to a PD Concept Plan shall be considered a zoning change, and the provisions of Chapter 211 of the Texas Local Government Code relating to notices, public hearings, and written protests for changes in zoning districts or regulations shall apply . If a PD District is established subject to approval of PD Development Plans, the provisions of this Subsection 2 .4.A shall apply to such PD Development Plan. B. PD Site Plans. PD Site Plans are not considered part of a PD Ordinance. Except as otherwise provided in this Subsection 2.4.C, any amendment to an approved PD Site Plan must be approved by the Commission . Notwithstanding the foregoing, however, "minor modifications" to any PD Site Plan may be approved by the Town Planner. If the Town Planner believes that a request for minor modification entails a significant change in the Site Plan, he may refer the request to the Commission for determination . A "minor modification" to a PD Site Plan is defined as any modification that does not: 1. alter the basic relationship of proposed development to adjacent property; 2. change the uses permitted; 3. increase the maximum density, floor area, or height; 4. decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or 5. reduce the minimum yards or setbacks. Article XI. Planned Development Regulations PD Procedures July 13. 1998 Town of Westlake Unified Development Code SECTION 3 EFFECT ON EXISTING PDS July 13. 1998 3.1 SITE PLANS For any PD District established under prior planned development regulations for which at least one site plan has been approved pursuant to such prior regulations, the provisions of this Article shall not apply, except that procedures related to approval of PD Site Plans pursuant to Subsection 2.3 shall apply to any application for PO Site Plan approval submitted more than thirty (30) days after the effective date of this Article. 3.2 DISTRICT AMENDMENTS If an amendment is proposed after the effective date of this Article to any concept plan, development plan, site plan or planned development ordinance approved prior to such effective date under prior planned development regulations, the provisions of the Article shall apply to such proposed amendment. .. .. Article XI. Planned Development Regulations Effed on Existing PDs Page 16 Town of Westlake Unified Development Code ARTICLE XII. ZONING-RELATED APPLICATIONS SECTION 1 GENERAL •....••.••....••..............••...•.•.....••..•....•.......••.....•......••...•.•.•••..•.......••................... 1 1.1 Filing of an Application ................................................................................................. 1 1.2 Submission of Plans ..................................................................................................... 1 SECTION 2 REZONING APPLICATIONS .........•............................•.........•.•......•..........................•... 1 SECTION 3 REQUIRED CONCEPT PLAN (NON PD) ....••.•....................•...................................••...• 2 r 3.1 Applicability ................................................................................................................... 2 3.2 Purpose ........................................................................................................................ 2 3.3 Concept Plan Content ..................................... : ............................................................ 2 3.4 Other Materials ............................................................................................................. 2 SECTION 4 REQUIRED SITE PLAN (NON PD) ...•••......••.•...•.....................•.•.•.•.•..•.....................•.... 3 4.1 Applicability ................................................................................................................... 3 4 .2 Purpose . . ..................................................... :...... . ................................................ 3 4 .3 General ........................................................................................................................ 3 4.4 Site Plan Content. ......................................................................................................... 3 4.5 Criteria for Site Plan Review ......................................................................................... 5 SECTION 5 AMENDMENTS TO APPROVED APPLICATIONS ....................•................................. 6 5.1 Processing Amendments ............................................................................................. 6 SECTION 6 DEVELOPMENT AGREEMENTS ................................................................................. ? 6.1 Applicability ................................................................................................................... 7 6.2 General ........................................................................................................................ 7 6.3 Form and Timing of Agreement... ................................................................................. 7 SECTION 7 ZONING ORDINANCE TEXT AMENDMENTS ............................................................. 8 7.1 Purpose and Authority .................................................................................................. 8 7.2 Procedures .................................................................................................................. 8 August 10 . 1998 Article XII. Zoning-Related Applications Table of Contents Pag e i Town of Westlake Unified Development Code ARTICLE XII. ZONING-RELATED APPLICATIONS SECTION 1 GENERAL 1.1 Filing of an Application A. Pre-application Conference. 1. An applicant for a change in zoning is encouraged to request a pre- application conference with a Town official or the Town Planner prior to formal application. 2. At the pre-application conference, the applicant should present a draft Concept Plan with as much detail as possible. 3. Based on the information presented, the Town representative will provide initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application . B. Application Requirements. No application shall be reviewed which is not complete and accompanied by the payment of fees as established in this Code or other ordinances of the Town of Westlake. All applications shall be filed with the Town on forms available in the Town of Westlake offices . C. Timing. Applications for Rezoning and Plan Approvals shall be submitted at least one month prior to the first scheduled hearing date . Special Exception and Variance applications shall be submitted at least 2 weeks prior to the first scheduled hearing date. The Board may permit exceptions to the timing requirement by scheduling an earlier hearing date. 1.2 Submission of Plans A. Preparation. All plans submitted pursuant to this Unifi ed Deve lopment Cod e shall be prepared by a registered architect, engineer, lands cap e architect. or certified city planner. B. Quantity Required . The applicant shall submit the following quantities of submittals as may be required, or as proposed in support o f an applicat ion . in order to provide for adequate review of the application : 1. Six copies of all plans, elevations and other d r ~·:1 in£~ 1 ti at form the sub m itt al. 2 . Six copies of the Application form and 8 112" x 11" phot ographic reduct io n o f the drawings . 3 . Six copies of the Development Schedule, Preliminary Se rv ice Plan , Draft Development Agreement and any other supporting mate rial 4 . Two copies of the geo-technical report. SECTION 2 REZONING AP PUCA TIONS August 10 , 1998 Approval of a Concept Plan shall be required in conne c tion wit h any request for zoning unless that zoning request is at the initiation of the Town All subsequ e nt Si te Plans shall be in conformity w ith th e approved Concept Pl an Article XII . Zoning -Related Applications GeneraVRezoning Applications Pag e 1 Town of Westlake Unified Development Code SECTION 3 REQUIRED CONCEPT PU\N (NON PD) Page 2 3.1 Applicability Concept Plans shall comprise part of the zoning on the site, and changes to Concept Plans shall constitute a change in zoning . If, in the opinion of the Town Planner, a Site Plan does not confonn to the Concept Plan approved by the Board, the applicant shall either seek approval of a revised Concept Plan {through re-zoning) or submit a revised Site Plan . 3.2 Purpose The purpose of a Concept Plan is to provide the Town with the infonnation and data that is necessary to assess the merits of the development, to proPerlY plan for services in the Town, and to ensure that developments are consistent with the Comprehensive Plan, Thoroughfare Plan and Open Space Plan . 3.3 Concept Plan C~>ntent A. General. All plans must include date, appropri~te engineering scale, north arrow , vicinity map, and the names • addresses and tel.ephone numbers of both the property owner and the individuals preparing the plans . B. Site Features. The site analysis shall be prepared on a topography base map with not less than five foot contour intervals, and must describe existing natural features and physical improvements by including the following items : C. Concept Plan. The Concept Plan shall include the following : 1. A metes and bounds description of the overall tract. 2 . Conceptual representation of proposed use(s) and general ized representation of proposed improvements. 3. Identification of all areas to be dedicated to the townsh ip or to have public easements, such as roadways, open space and drainage areas . 4 . Location of all proposed screening between the site and adjacent property . 5 . Indication of each phase of development if separate phases are proposed . 6 . The location of collector roadways proposed in the development, right-of- way widths, and the location of collector access points to abutting streets and highways . 3.4 Other Materials Other Material Which May Be Submitted in Support of the Application : A. Draft Development Agreement and any covenants, conditions , restrictions and agreements which govern the construction, use, maintenance and operation of roadways , parks, open space, drainage areas and facilities. 8 . A preliminary geo-technical report that addresses soil , subsurfa ce and slope conditions that may affect development. C. Traffic Study showing the project's impact on roadway and intersection capacity . Article XII . Zoning-Related Applications Required Concept Plan August 10, 1998 Town of Westlake Unified Development Code D. A Development Schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion . The Development Schedule, if adopted and approved by the Board, shall become part of the development plan and shall be adhered to by the owner, developer, and his successors in interest. SECTION 4 REQUIRED SITE PLAN {NON PD) 4.1 Applicability Site Plans are required for all developments except individual single family lots . Site plans shall be accompanied by a proposed development schedule . No development may occur, or building permit be approved on a site which does not conform to the approved Site Plan . Site Plans shall be approved by the Board of Aldermen, upon recommendation by the Planning and Zoning Commission , and shall be considered part of the zoning ordinance for that site . A change to the Site Plan shall be considered a change in zoning in a planned development district. 4.2 Purpose The purpose of a Site Plan is to ensure that all provisions of the Unified Development Code of the Town are adhered to; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule. 4 .3 General A No construction or development within a district that requires a Site Plan may commence, and no building permit may be issued unless the Board of Aldermen has approved a Site Plan upon recommendation of the Plann ing and Zo ning Commission . B . Where a Concept Plan has been approved as part of the Zon ing , all Si te Pla ns must be in conformity with that approved Concept Plan . C . No public notification is required for consideration of a Site Plan , or amendment. beyond posting as an agenda item for the Planning and Zoning Commiss ion and Board of Aldermen . This provision does not apply to PD Site Plans . 4.4 Site Plan Content August 10. 1998 A . Size. Required Site Plans shall be prepared on a standard sheet size of 30 " x 42" or 24" x 36", and at an engineering scple of 1"=50' or larger. Required Site Plans shall be prepared by registered engineer , architect or landscape architect. The required Site Plan may be submitted on one or more sheets . B. General lnform~tion Required. 1. North Arrow ; 2 . Total site acreage ; 3. Submission date ; 4 . Scale (written and graphic); Article XII. Zoning -Related Applications Required Site Plan Page 3 Town of Westlake Unified Development Code Page 4 5. Vicinity map; 6. Names, addresses and telephone numbers of designer, engineer, developer and owner; 7. Accurate survey of the boundaries of the site with the location of proposed land uses; 8. Adjacent subdivision names and property lines; and 9. Adjacent land uses and structures. c. Structures. 1. Location, dimensions and use of all existing facilities and proposed building sites; 2. Setback and separation distances between building sites: 3. Proposed construction type and facade materials for all non-residential buildings (the Commission may require elevations and perspective drawings); 4. Proposed density of each use; 5. Proposed location of screening along the collector roadways shown on the Thoroughfare Plan . D. Streets and Sidewalks. 1. Location and width of all rights-of-way and easements: 2. Location and dimensions of all pavement and curbing ; 3. Location and width of all sidewalks ; 4. Location and width of all ingress/egress points; 5. Location and width of all medians and median breaks ; and 6 . Location of any special traffic regulation facilities . E. Off-Street Parking and Loading Areas. 1. Number, location and dimension of spaces; 2. Type of surface material of parking facility; 3. Dimension of aisles, driveways, maneuvering areas and curb return radii ; 4. Distance between spaces and adjacent rights-of-way ; 5. Location of all existing and proposed fire lanes and hydrants ; and 6 . Proposed lighting diagram is required if not in accordance with Article VI Parking and Loading Standards . F. Landscaping . 1. Location and size of major tree groupings and existing hardwood trees greater than 8" caliper, noting whether they are to be removed or retained; 2. Location and size of proposed plant materials. including paving : 3. Number and type of each landscape element; Article XII. Zoning -Related Appl ications Required Site Plan August 10 . 1998 I I 4. Height and type of all fencing or buffering; Town of Westlake Unified Development Code 5. Height of all planters . sculptures and decorative screens: 6 . Location and type of trash receptacle screening ; 7. Location and type of lighting for streets, signage and parking areas: and 8. Location of visibility triangles where required . G. Geo-technical. 1. Geo-technical report on soils, subsurface and drainage that demonstrates conformity with the Town's objectives as set out the Comprehensive Plan and i·n Article XIII Subdivisions: 2. Direction of water flow: 3. Quantity of on and off-site water generation; 4. Topographic contours at a minimum of 5 foot intervals; 5. Points of concentrated water discharge; and 6 . Areas where special design and construction may be necessary due to slope or soil conditions. H. Preliminary Service Plan. 1. A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area . 2. The proposed method of providing water and sewer service . 4.5 Criteria for Site Plan Review August 10 , 1998 Site Plans may have additional stipulations placed on them by the Board. In approving or denying a Site Plan under this Article, the following criteria shall be considered : A. The extent to which the Site Plan fulfills the goals, objectives and standards in the Town's Comprehensive Plan and Thoroughfare Plan . B. Safety of the motoring and pedestrian public using the facil ity and area surrounding the site. C . Safety from fire hazards and measures of fire control. D. Protection from flooding and water damage . E. Noise and lighting glare effects on adjacent neighbors . F. Relations of signs to traffic control and their affect on adjacent properties . G . Adequacy of streets to accommodate the traffic generation of the proposed development.. H. Adequacy of off-street parking and loading facilities for the uses specified . I. Landscaping and screening provisions appropriately placed per code requirements . J . Siting structures and other improvements relative to required setbacks , height limitations . and other density and dimensional requirements . Article XII . Zoning -Related Applications Required Site Plan Page 5 Town of Westlake Unified Development Code K. The impact of the proposed development on slopes, protected vegetation . the open space system, and adjacent properties. L. Such other measures as might secure and protect the public health , safety , morals and general welfare. SECTION 5 AMENDMENTS TO APPROVED APPLICATIONS Page 6 5.1 Processing Amendments A. Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall submit a summary of all proposed changes along with the revised plans and application . B . Notwithstanding the above, the Town Planner may approve minor modifications in an approved Site Plan or PD Site Plan administratively, provided that they do not: 1. Alter the basic relationship of proposed development to adjacent property : 2 . Change the uses permitted ; 3. Increase the maximum density , floor area, or height; 4 . Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements ; or 5. Reduce the minimum yards or setbacks; C . If the Town Planner believes that a request for minor modification entails a significant change in the Site Plan. he may refer the request to the Commission for determination . Artide XII . Zoning -Related Applications Amendments to Approved Applications : •gu st 10 . 1998 Town of Westlake Unified Development Code SECTION 6 DEVELOPMENT AGREEMENTS 6.1 Applicability Development Agreements shall be required of all land which is platted for development purposes and all Planned Development Zoning . 6.2 General A. Purpose. A Development Agreement is intended to reflect the agreement of the Town and Developer as to the phasing of construction to insure timely and adequate provision of public works facilities. This agreement is also intended to insure balanced intensity of development to avoid overloading existing public facilities during construction, and to ensure the proper development and care for common areas. 8. Minimum Requirements. The agreement will be individually negotiated for each major project, but should address the following issues : 1. A plan for the design, construction, use and permanent care and maintenance of any common areas, including parks and open space corridors . 2. Cost sharing or reimbursements for the installation of oversized utility systems and roadways . 3. Proposed timing of improvements to the property . 4 . Any other agreements necessary to facilitate the development within the Town . 6.3 Fann and Timing of Agreement August 10. 1998 A . Approval. The Development Agreement or other legal instrument shall be approved as to form by the Town Attorney and executed coincident or prior to final plat approval. B. Filing . The subject property may be required to have the Development Agreement filed in the Deed Records of the appropriate County(ies) Article XII. z ~ning -Related Applications Development Agreements Pag e i Town of Westlake Unified Development Code SECTION 7 ZONING ORDINANCE TEXT AMENDMENTS Page 8 7 .1 Purpose and Authority The Board of Aldermen may, from time to time, on its own motion . or by request of the Planning and Zoning Commission, the Town Planner or the Town Engineer, amend, supplement, or change the regulations established in the Zoning Ordinance . 7 .2 Procedures A. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall give appropriate notice and hold a public hearing . The commission shall approve, deny or modify the amendment and forward its report and recommendation to the Board of Aldermen . B . Action by the Board of Aldermen. The Board shall give appropriate notice and hold a public hearing and has final authority to adopt or deny any proposed amendment. Article XII . Zon ing -Related Applica tion s Text Amendments A ugust 10 . 1998 ARTICLE XIII. SUBDIVISIONS Town of Westlake Unified Development Code SECTION 1 GENERAL PROVISIONS ............................................................................................. 4 1.1 Purpose ........................................................................................................................ 4 1.2 Authority ...................................................................................................................... .4 1.3 Jurisdiction ................................................................................................................... 5 1.4 Interpretation, Conflict and Separability ....................................................................... 6 1.5 Amendment to Subdivision Regulations ...................................................................... 7 1.6 Effect on Pending Plats ................................................................................................ 7 1.7 Filing Fees ................................................................ : ................................................... 7 1.8 Incorporation of Design Manuals ................................................................................. 7 SECTION 2 PLATTING PROCEDURES .......................................................................................... 8 2 .1 Classification of Subdivisions ....................................................................................... 8 2 .2 Coordination with Planned Residential Developments ................................................ 8 2 .3 Statutory Procedure ..................................................................................................... 8 2.4 Pre-Platting Conference ............................................................................................... 9 2 .5 Procedure for Preliminary Plat Approval ...................................................................... 9 2.6 Procedure for Final Plat Approval .............................................................................. 15 2 .7 Minor Subdivision Plats .............................................................................................. 25 2 .8 Development Plats ..................................................................................................... 25 2 .9 Conveyance Plats ...................................................................................................... 26 2 .10 Exceptions ................................................................................................................ 29 2 .11 Amended Plats, Re-plats , Re-subdivision and Vacation of Plats ............................ 29 SECTION 3 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS ... 32 3.1 Required Improvements and Subdivis ion Improvement Agreement ......................... 32 3 .2 Construction Procedures ............................................................................................ 34 3.3 Inspection of Public Improvements ............................................................................ 35 3.4 Issuance of Building Permits and Certificates of Occupancy .................................... 36 SECTION 4 PUBLIC IMPROVEMENT REQUIREMENTS--GENERAL ......................................... 37 4 .1 General Requirements ............................................................................................... 37 4 .2 Adequate Public Facilities Policy ............................................................................... 37 4 .3 Subdivision or Addition Name .................................................................................... 38 4 .4 Survey ...................................................................................................................... 38 4 .5 Facility Design ............................. -............................................................................... 38 September 23, 2002 Article XIII. Subdivisions Table of Contents Page 1 ,/ Town of Westlake Unified Development Code SECTION 5 LOT DESIGN AND IMPROVEMENT STANDARDS .................................................. 39 5.1 Lot Arrangement ........................................................................................................ 39 5.2 Lot Dimensions .......................................................................................................... 39 5.3 Double Frontage Residential Lots .............................................................................. 39 5.4 Soil Preservation and Final Grading .......................................................................... 39 5.5 M inimum Lot and Floor Elevations ............................................................................. 39 SECTION 6 NON-RESIDENTIAL PLATS ....................................................................................... 41 6. 1 General ...................................................................................................................... 41 6 .2 Design Principles ....................................................................................................... 4 1 6 .3 Frontage and Access Standards ................................................................................ 41 SECTION 7 ROADWAY FACILITIES STANDARDS ..................................................................... 42 7 .1 Streets and Thoroughfares ........................................................................................ 42 7 .2 Types of Streets ......................................................................................................... 43 7.3 Design Standards ....................................................................................................... 43 7.4 Private Streets ............................................................................................................ 45 7 .5 Street Names ............................................................................................................. 4 7 7 .6 Criteria for Exceptions for Street Exactions ............................................................... 48 7 .7 Traffic Impact Analysis ............................................................................................... 48 SECTION 8 SIDEWALKS AND BIKEWAYS .................................................................................. 50 8.1 Sidewalks ................................................................................................................... 50 8.2 Pedestrian .................................................................................................................. 50 8.3 Bikeways .................................................................................................................... 50 SECTION 9 WATER FACILITIES STANDARDS .......................................................................... 51 9 .1 Adequate Water Facilities .......................................................................................... 51 9 .2 Design and Construction Requirements .................................................................... 51 9 .3 Extension Policy ......................................................................................................... 51 9.4 Minimum Size ............................................................................................................. 51 9 .5 Fire Protection ............................................................................................................ 51 SECTION 10 WASTEWATER FACILITIES STANDARDS ............................................................ 53 10 .1 Adequate Sewage Wastewater Facilities ................................................................ 53 10 .2 Design and Construction Requirements .................................................................. 53 10 .3 Extension Po licy ....................................................................................................... 53 10.4 On-Site Treatment. ................................................................................................... 53 SECTION 11 DRAINAGE FACILITIES ST AN DAROS ................................................................... 54 Page 2 ...... ~._::__...-' 11 .1 General Requirements ............................................................................................. 54 Article XIII. Subdivis ions Table of Contents September 23 , 2002 Town of Westlake Unified Development Code 11 .2 Design of Facilities ................................................................................................... 54 11 .3 Dedication of Drainage Easements .......................................................................... 55 11.4 Grading ..................................................................................................................... 56 11 .5 Plans, Specifications and Design Calculations ........................................................ 56 SECTION 12 UTILITY STANDARDS .............................................................................................. 57 12 .1 Utilities ...................................................................................................................... 57 12.2 Easements ............................................................................................................... 57 12 .3 Damage .................................................................................................................... 57 12.4 Utility Duct Bank Facilities ......................................................................... 57 SECTION 13 UNDERGROUND UTILITIES .................................................................................... 59 13 .1 Underground Utility Standards ................................................................................. 59 13.2 Cost Difference Between Underground and Overhead ........................................... 59 13.3 Temporary Service ................................................................................................... 59 13.4 Definitions ................................................................................................................. 59 13 .5 Installation Compliance ............................................................................................ 59 13 .6 Existing Overhead Utilities ....................................................................................... 60 SECTION 14 OPEN SPACE ........................................................................................................... 61 14 .1 Purpose .................................................................................................................... 61 14 .2 Open Space Requirement as Additional and Supplemental Requirement.. ............ 61 14 .3 Open Space Dedication Requirement ..................................................................... 61 14 .4 Site Criteria ............................................................................................................... 62 14 .5 Protection and Restoration of Open Space Corridors .............................................. 62 14.6 Development Agreements for Open Space ............................................................. 62 SECTION 15 PUBLIC LANDS REQUIREMENTS .......................................................................... 64 15 .1 Reservation of Land ................................................................................................. 64 15 .2 Procedure for Reserving Land ................................................................................. 64 SECTION 16 PARTICIPATION POLICIES ..................................................................................... 65 16.1 General Standards ................................................................................................... 65 16 .2 Facilities Eligible for Town Participation ................................................................... 65 16 .3 Limitation and Exceptions ........................... ~ ............................................................ 66 16.4 Procedures for Town Participation ........................................................................... 66 16 .5 Escrow Policies and Procedures .............................................................................. 67 September 23 , 2002 Article XIII. Subdivisions Table of Contents ....,-. i\, -p~ Town of Westlake Unified Development Code ARTICLE XIII. SUBDIVISIONS SECTION 1 GENERAL PROVISIONS 1.1 Purpose The purposes of this chapter are : • To protect and provide for the public health , safety , and general welfare of the Town . • To promote and provide for the safe , orderly and healthful development of the Town. • To guide the future growth and development of the Town in accordance with the Comprehensive Plan and Thoroughfare Plan . • To ensure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population . • To guide public and private development in order to provide adequate and efficient transportation , water, wastewater, drainage, and other public requirements and facilities . • To provide for the circulation of traffic and pedestrians required for the beneficial use of land and buildings and to avoid congestion throughout the Town . • To establish reasonable standards of design and procedures for platting to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of platted land. • To ensure that adequate public facilities and services are available and will have sufficient capacity to serve the proposed subdivision or addition and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services . • To prevent the pollution of streams and ponds ; to ensure the adequacy of drainage facilities; to safeguard the water table , and to encourage the wise use and management of natural resources , and enhance the stability and beauty of the community and the value of the land . • To provide for open spaces through the most effective design and layout of the land .. • To remedy the problems associated with inappropriately platted lands , including premature subdivision ; incomplete subdivision and scattered subdivision. 1.2 Authority This chapter is adopted under the authority of the Constitution and Laws of the State of Texas, including particularly Chapter 231, Acts of the 40th Legislature , Regular Session, 1927, as amended (codified as Chapter 212, subchapters A and B, of the Texas Local Government Code), and the provisions of Section 7 of the Municipal Annexation Act as amended . Article XIII. Subdivisions General Provisions September 23, 2002 Town of Westlake Unified Development Code 1.3 Jurisdiction September 23 , 2002 A. Subdivision of Land. The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of the Town of Westlake who divides the tract into two or more parts to lay out a subdivision or any addition, building or lot , or to lay out streets , alleys , squares , parks , or other parts of the tract intended to be dedicated to public use or the use of purchasers or owners of lots fronting on or adjacent to the streets , alleys, squares, parks , or other parts must have a plat of the subdivision prepared . A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or by using any other method . B. Divisions Not Requiring Approval. The following divisions do not require approval by the Town of Westlake ; however, the Town shall not extend utilities, provide access to public roads , or issue building permits for the development of any property which has not received final plat approval , unless expressly provided by this ordinance to the contrary . 1. Leaseholds on a Commercial Building Site . The creation of a leasehold for a space within a multi-occupant building or for a commercial building site which does not abut a public street, or the division for property into such leaseholds , provided that the property is a part of an approved subdivision or addition and regulated in accordance with the site plan requirements of the Town, and such plat has been amended as may be required to add easements or otherwise serve the leasehold . For purposes of this section , a leasehold abuts a public street if it is immediately adjacent to a public street or if it is so close to a public street that no usable property lies between the leasehold and the public street. 2. Agricultural Leaseholds . The creation of a leasehold for agricultural use of the subject property , provided that the use does not involve the construction of a building(s) to be used as a residence or for any purpose not directly related to agricultural use of the land or crops or livestock ra ised thereon . 3. Division Through Inheritance or Court of Law . The division of property through inheritance , the probate of an estate, or by a court of law and not for purposes of development. 4. Conveyances by Metes and Bounds. The division of land into two or more parts, where all the parts are larger than 20 acres . C. Exemptions from Subdivision Requirements. The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of the Town of Westlake who proposes to develop that tract, and who claims an exemption from the Town's subdivision regulations not expressly authorized under this section , including requirements to replat , or who proposes to d ivide such tract into parcels or lots each of which is greater than five (5) acres in size , and for which no public improvement is to be dedicated , or wtio proposes to develop such tract for which the only access is a private easement or private street , must obtain approval of a development plat pursuant to this ordinance prior to commencement of development, and prior to issuance of any building permit or the connection of any utility . 1. Development. For purposes of this section , the term "development" means the construction of any building, structure or improvement of any nature , or the enlargement of any external dimension thereof. Article XIII. Subdivisions General Provisions Page 5 ../ Town of Westlake Unified Development Code 2. Plats Approved, or Applied for Prior to this Ordinance . No development plat shall be required , where the land to be developed or divided has received final plat approval under the Town's subdivision regulations prior to the effective date of this ordinance, or for which an application for preliminary or final plat approval for such land is pending or is submitted. 3. Other Exemptions . The Board of Aldermen may, from time to time , exempt development or land divisions from the requirements of this section . D. Information on When a Plat is Required. A written request may be directed to the Town Engineer for information concerning whether a plat is required under these regulations , in accordance with Section 212 .0115 , as amended , of the Texas Local Government Code . E. Exclusion of Platting .Requirements Does Not Waive Town Jurisdiction. The exclusion of any activities from these regulations does not waive any jurisdiction the Town now exercises or may exercise over those matters. F. No Subdivision Other Than by Town Approved Plat. Unless no plat approval is required by these regulations , no land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the Board of Aldermen in accordance with these regulations . G. No Land Sales, Leases or Transfers Without a Plat. Except (a) as provided above and (b) lots of record established prior to the effective date of this ordinance , no land shall be sold , leased , or transferred until the property owner has obtained approval of a final plat , development plat or conveyance plat as required by these regulations . H. Town Shall Withhold Services on Lots Not Officially Platted . The Town shall withhold all public improvements and utilities , including the maintenance of streets and the provision of wastewater facilities and water service, from all tracts , lots or additions , the platting of which has not been officially approved and for which a certificate of compliance has not been issued pursuant to Subsection 3.4 -of this Article . I. No Building Permit Until Property Has Been Platted. No building permit or certificate of occupancy shall be issued for any parce l or tract of land until the property has received final plat or development plat approval, and no private improvements shall take place or be commenced except in conformity with these regulations . 1.4 Interpretation, Conflict and Separability A. Interpretation . In their interpretation and application , the provis ions of these regulations shall be held to be the minimum requ irements for the promotion of the public health , safety and general welfare . These regulations shall be construed broadly to promote the purposes for which they are adopted. B. Conflict with Other Laws. These regulations are not intended to interfere with , abrogate, or annul any other ordinance , rule or regulation , statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulat ions , or other provision of law , the provision which is more restrictive or imposes higher standards shall control. C. Separability. If any part or provision of these regulat ions or the appl ication of these regulations to any person or circumstances is adjudged invalid by its operation to the part, provision , or application directly involved in the controversy Article XIII. Subdivisions General Provisions September 23, 2002 Town of Westlake Unified Development Code in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances . The Board of Aldermen hereby declares that it would have enacted the remainder of these regulations even without the part, provision , or application which is judged to be invalid . 1.5 Amendment to Subdivision Regulations For the purpose of protecting the public health , safety and general welfare , the Town Engineer, the Town Planner , the Planning and Zoning Commission or the Board of Aldermen may from time to time propose amendments to these regulations which shall then be approved or disapproved by the Board of Aldermen after a public hearing . 1.6 Effect on Pending Plats All applications for plat approval , including final plats , pending on the effective date of these regulations and which have not lapsed shall be reviewed under regulations in effect immediately preceding the date of adoption of these regulations . 1.7 Filing Fees A schedule of filing fees for the Town of Westlake may be obtained from the Town Secretary or Town Engineer and may be found in the adopted fee schedule . All filing fees and charges must be paid in advance and no action of the Town Engineer, Town Planner , the Planning and Zoning Commission or the Board of Aldermen shall be valid until the fees shall have been paid. 1.8 Incorporation of Design Manuals September 23, 2002 The Town of Westlake's Engineering Standards , as amended from time to time by resolution of the Board of Aldermen, hereby are incorporated by reference as if fully set forth herein. Article XIII. Subdivisions General Provisions Town of Westlake Unified Development Code SECTION 2 PLATTING PROCEDURES Page 8 2.1 Classification of Subdivisions A. Classification of Subdivisions and Additions. 1. General. Before any land is platted , the property owner must apply for and secure approval of the proposed subdivision plat or addition plat in accordance with the following procedures, unless otherwise provided by these regulations . Subdivisions are classified as major or minor depending on the number of lots proposed and the extent of public improvements required 2. Minor Plats. A minor plat must involve four or fewer lots fronting on an existing street and does not require the creation of any new street. A minor -plat may follow a one step process and be approved by the Town Engineer; however, the Engineer may elect to follow the procedure for a major plat 3. Major Plats. All plats not considered a minor plat, will be considered major plats and must follow the two step process-first securing preliminary plat approval , and then obtaining final plat approval. B. Retail, Office Park, and Industrial Park Subdivision. A retail, office park , or industrial park subdivision shall be processed for approval in the same manner as provided for a residential subdivision except that no individual lots need to be shown on the plat and only streets, blocks , easements and minimum building lines need be indicated . 2.2 Coordination with Planned Residential Developments A. Land With Approved or Pending Application for Concept Plan or Development Plan. No application for a subdivision plat or development plat shall be approved on land for which there is an approved or pending application for a concept plan or development plan , unless the plat is consistent with the standards for planned developments contained in the Town of Westlake Unified Development Code . In the event and to the extent of a conflict between the requirements of the approved PD Ordinance , the PD Concept Plan or PD Development Plan and the requirements of this Article XIII , the terms of the PD Ordinance , PD Concept Plan or. PD Development Plan shall control. A development plat subject to an approved PD Concept Plan or PD Development Plan shall be exempt from the requirements to show proposed improvements pursuant to Section 2.8E .3. of this Article . B. Preliminary Subdivision Plat With Site Plan Approval. A preliminary subdivision plat shall be submitted with the application for approval of a site plan if the property has not already been subdivided in a manner to accommodate the development. 2.3 Statutory Procedure A. Official Submission Date. For the purpose of these regulations , the date on which an application for approval of a final plat containing all required elements mandated by the Tex . Loe . Gov't Code Section 212 .004(b), is first filed with the Town Secretary shall constitute the official submission date for the plat, after which the statutory period required for approval or disapproval of the plat shall commence to run . No application shall be deemed filed until (a) all required filing fees are paid and (b) the Town Engineer determines that the application is complete . Failure by the Town Engineer to make a determination of Article XIII. Subdivisions Platting Procedures September 23 , 2002 Town of Westlake Unified Development Code completeness within ten (10) working days of the date of submission shall resu lt in the application being deemed complete . B. Compliance Procedure for Minor Plats. The Engineer shall approve applications for minor plat within 30 days of the official submission date, or place the application on the agenda for Planning and Zoning Commission action no later than 30 days after the official submission date ; provided , however, that no applications for minor plats shall be accepted for filing within five (5) work ing days of the last regularly scheduled meeting of the Commiss ion . Upon recommendation of the Comm ission , the Board of Aldermen shall act on the application within 30 days . C. Compliance Procedure for All Other Plats. The Engineer shall place the plat application on a scheduled meeting of the Commission prior to the expiration of thirty (30) days following the official submission date. The Commission shall recommend approval or disapproval of the application , or identify requirements which must be satisfied prior to approval of the application . If the Commission fails to recommend approval or disapproval (disapproval includes the identification of requirements to be satisfied prior to approval) within 30 days of the official submission date , the application shall be deemed approved . Upon recommendation of the Commission , the Board of Aldermen shall act on the application within 30 days . In the event of denial, any prior preliminary approvals shall remain in effect pending lapse under these regulations . 2.4 Pre-Platting Conference Prior to the filing of a Preliminary Plat, the subdivider shall meet with the Town Engineer or his/her 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 pre- platting conference, the subdivider may be represented by his/her land planner, engineer, or surveyor . 2.5 Procedure for Preliminary Plat Approval A. Purpose and Applicability. September 23 , 2002 1. Purpose . The purpose of the preliminary plat is to allow evaluation of the proposed plat for conformity with requirements , plans , policies and conditions at the time the plat is submitted . 2. Applicability . A preliminary plat is required for all major subdivisions prior to the construction of improvements. B. Application Procedure and Requirements. Preliminary Plat. Following the pre-application conference , the applicant may file for approval of a preliminary plat. The plat shall be prepared by or under the supervision of a registered profess ional land surveyor or engineer in the State of Texas and shall bear his/her seal , signature and date on each sheet. Article XIII. Subdivisions Platting Procedures Town of Westlake Unified Development Code Page 10 1. General Application Contents. Twenty (20) copies of the proposed preliminary plat shall be prepared at a scale of 1" = 100' or larger using the Town's base mapping, and in a form substantially as follows and submitted to the Town Engineer: a) The proposed preliminary plat shall be submitted on sheets a maximum size of twenty-four (24) inches by thirty-six (36) inches and drawn to a scale of one hundred ( 100) feet to the inch . Subsequent phases of a master plat may be drawn at a scale of one (1) inch to four hundred (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 Texas Surveying law and the amount of acreage in each abstract shown . e) The preliminary layou t showing : i. Proposed rights-of-way widths for streets with names , sidewalks , easements , blocks , parks , etc., with principal dimensions . ii. The lengt h of all arcs , radii , internal angles , points of curvature , length , and bearings of the tangents . iii. All easements for rights-of-way provided for public services or utilities and any limitations of the easements . iv . All lot numbers and lines with dimens ions in feet and hundredths of feet and with bearings and angles to street lines . v. 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 . vi. A designation of the proposed uses of the land within the subdivision and any zoning amendments requested . vii. All physical features of the property to be subdivided , including location and size of all water courses , ravines, bridges, culverts , existing structures , drainage area in acres or acreage draining into subdivisions , and other features pertinent to subdivision . The outline of wooded areas or the locat ion of important individual trees are required . Article XIII. Subdivisions Platting Procedures September 23, 2002 September 23 , 2002 Town of Westlake Unified Development Code viii. The angle of intersection of the center lines of all intersecting streets which are intended to be less than ninety (90) degrees . ix . The preliminary location , material , and size of all monuments approved by the Town Engineer. x. The outline of all property wh ich 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 . xi. 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 . xi i. 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 . xiii. Front setback lines . xiv . 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 of Westlake Engineering Standards . xv . Contours at five (5) foot intervals , except on terrain with less than two (2) percent grade in which event contours at two (2) foot intervals are required . xvi. Proposed name of the subdivision or addition . xvii. Name, address and phone number of the property owner and the name of the engineer or surveyor who ·prepared the plat. xviii. North arrow , scale , site location map and date . xix. The location of flood hazard areas or a statement as to the lack thereof, and a statement indicatin g the source of the flood hazard information . xx . Boundary survey closure and area calculations . xxi. A notation in the legend labeling the document "Preliminary Plat' and identifying the scale . xxii . The preliminary plat location and size of all proposed utilities , including water, sanitary sewer, storm sewer and drainage facilities . xxiii. The preliminary location and size of all proposed util ities and duct banks . xxiv . The location of all proposed public and private streets and information indicating the material and width of said streets and Article XIII. Subdivisions Platting Procedures Town of Westlake Unified Development Code rights-of-way . xxv . 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 Board of Aldermen. 2. Application Fee Receipt. A receipt shall also be submitted with the preliminary plat 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 Plats and any other requ ired documents shall be distributed by the Town Staff to the follow in g : a) Town Mayor (1 copy) b) Board of Aldermen (5 copies) c) Town Secretary (1 copy) d) Planning and Zoning Commission (5 copies) e) Town Planner (1 copy f) Town Engineer (2 copies) g) Town Traffic Planner/Engineer (1 copy) h) The Electric Company (1 copy) I) The Gas Company (1 copy) j) The Telephone Company (1 copy) k) The Cable Company ( 1 copy) I) At least six (6) days prior to the meeting of the Planning and Zoning Commission at which the Preliminary Plat is to be cons idered , each agency listed above (h . through k .) may submit their written recommendations concerning the plat in question to the Planning and Zoning Commission for their consideration , if they have comments for the plat. 2. Written Report. A written report reviewing the proposed subd ivi sion shall be prepared by the Town Engineer, with a copy provided to the applicant three days before the Commission 's hearing, in corporating the comments of the Town Engineer and other officials and agencies to whom a request for rev iew has been made , and generally reviewing the application , and submitted to the Planning and Zoning Commission prior to the public hearing on the subdiv ision plat application . D. Standards for Approval -Preliminary Plat. 1. Standards for Approval. No preliminary plat shall be recommended or approved by the Town Engineer, Planning and Zoning Commission or Board of Aldermen unless the following standards have been met: a) Provision for adequacy (pursuant to this Article , Section 3), installation and dedication of public improvements has been made . Article XIII. Subdivisions Platting Procedures September 23, 2002 September 23, 2002 Town of Westlake Unified Development Code b) The plat conforms generally to the goals and policies of the Westlake Comprehensive Plan and the Thoroughfare Plan incorporated therein . c) The plat meets all other requirements of these regulations . d) The plat is consistent with an approved or submitted concept plan or development plan where applicable. E. Approval Procedures. 1. Planning and Zoning Commission Decisions. Following review of the Preliminary Plat and other materials submitted for conformity thereof to these regulations, the Commission shall recommend only approval as submitted, approval with conditions or denial of the submitted plat. a) Recommended Approval. Preliminary plats recommended for approval or conditional approval shall be filed for hearing by the Board of Aldermen . b) Recommended Denial. Preliminary Plats not recommended for approval may be processed, at the option of the applicant , in one (1) of the two (2) following ways : 1) Preliminary Plat 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 Plat recommended for denial may be filed for hearing at a regularly scheduled Board of Aldermen meeting . 2. Recording of Commission Action. The action of the Planning and Zoning Commission shall be noted on two (2) copies of the Preliminary Plat, referenced and attached to any conditions determined. One (1) 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 Plat and requisite reasons therefor shall be entered in the minutes of the Planning and Zoning Commission . 3. Forward Preliminary Plat to Board. The Town Engineer shall submit the Preliminary Plat with the recommendations established by the Planning and Zoning Commission to the Board of Aldermen for their consideration , with a copy provided to the applicant. Seven (7) additional copies of the Preliminary Plat should be submitted to the Board of Aldermen through the Town Engineer not less than fifteen (15) days prior to the Board of Aldermen meeting at which consideration is desired . 4. Board Consideration of Preliminary Plat. After review of the preliminary plat, any and all reports and recommendations as submitted pursuant to these regulations , and any exhibits submitted at the public hearing, the Board of Aldermen shall approve or deny the preliminary plat. The action of the Board shall be noted on two (2)copies of the preliminary plat. One (1) copy shall be returned to the subdivider or developer and the other retained in the Town files . F. Effect of Decision. Approval of a preliminary plat by the Board of Aldermen constitutes authorization for the Town Engineer to release construction plans following his/her review and final approval. Approval of a preliminary plat Article XIII. Subdivisions Platting Procedures Page 13 :.__...-; Town of Westlake Unified Development Code Page 14 also authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval. Conditional approval of the preliminary plat by the Board , however, shall not const itute approval of the final plat. 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 cert ificates may be issued by the Town Eng ineer authorizing the construction of private utilities or facilities on a phased schedule , subject to permit standards otherwise applicable . G. Amendments to Preliminary Plat. 1. Major and Minor Amendments. At any time fo ll owi ng the approval of a preliminary plat , and before lapse of the approval , a property owner may request an amendment to the approved preliminary plat. 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, add ition or deletion of alleys , or add ition or deletion of more than 10% of the approved number of lots . b) Minor amendments include the adjustment of street and alley alignments , lengths , and paving details, the addition or deletion of lots with in 10% of the approved number, and the adjustment of lot lines . The Town Engineer may approve or disapprove a minor amendment. Disapproval may be appealed to the Board of Aldermen . Major amendments may be approved by the Board at a public meeting in accordance with the same requirements for the approval of a prelim inary plat. 2. Approval of Amendments. The Commission shall recommend and the Board shall approve , conditionally approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat 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 Plat Approval. A preliminary plat expires two years from the date of approval , and such plat shall be null and void thereafter , unless a final plat appl ication for the area depicted in the prelim inary plat has been filed w ith the Town or an extension has been requested within the two-year per iod. Thereafter, fhe applicantshall be requ ired to subm it a new plat subject to the then existing subdivision regu lations . 2. Petition for Extension or Reinstatement of Approval. Prior to the lapse of approval for preliminary plat , as provided in these regulat ions , the property owner may petition the Board to extend or reinstate the approval. The petition shall be considered at a public meeting of the Board . Article XIII. Subdivisions Platting Procedures September 23 , 2002 Town of Westlake Unified Development Code 3. Decision by the Commission. In determining whether to grant the request, the Board 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 subdivis ion regulations shall apply to the plat or study . The Board shall either extend or reinstate the plat , 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 Plat. The Board may specify a shorter time for lapse of the extended or reinstated plat than is applicable to original approvals . 2.6 Procedure for Final Plat Approval September 23 , 2002 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 Tex. Loe . Gov't Code , Section 212 .004 and which complies with the requirements of Section 212 .010 . 2. Applicability . A final plat shall be required for all subdivisions of property provided for in Tex . Loe . Gov 't Code, Section 212 .004 . 3. Preliminary Plat Requirement. Unless otherwise provided by this UDC , all final plats shall be prepared in accordance with an approved preliminary plat. A final plat may constitute a portion of the total area of the preliminary plat if a phasing plan has been included on the approved preliminary 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 is being preliminarily platted . For all preliminary plats existing as of August 13, 2001 , a phasing plan may be submitted for approval with the next phase for which a final plat is being submitted . The phasing plan may be amended by the Board , upon recommendation by the Planning and Zoning Commission . B. Timing of Public Improvements. 1. Public Improvements Prior to Signing Plat. The Board may require that all public improvements be constructed , offered for ded ic ation and accepted by the Town prior to the signing of the fina l plat. The Board 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(s) approved for deferred construction must be provided for as required in Section 3 prior to approval of the final plat. 2. If Public Improvements Are Not Completed. If the Board does not require that all public improvements be installed, offered for ded ication and accepted by the Town prior to signing of the final plat by the Mayor, it shall require the applicant to execute a Subdivision Improvement Agreement and provide security for the ~greement as provided in Subsection 3.1. Article XIII. Subdivisions Platting Procedures Page 15 ~ Town of Westlake Unified Development Code 3. Where No Preliminary Plat is Required. This procedure shall also apply to the approval of a final plat if the preliminary plat is not required . C. Submittal Requirements. Ten (1 O) copies of the final plat, together with a reproducible mylar drawing , a computer file of the final plat on media as specified by the Town Engineer in either AutoCad or DXF format, and three (3) sets of engineering plans shall be submitted to the Town Engineer at least fifteen (15) days prior to the meeting at which consideration is desired . This plat shall be submitted at a scale of one hundred (100) feet to one (1) inch (for small subdivisions , at a scale of fifty 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 : 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 , w ith 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 , w it h an interval of two (2) 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 the Westlake Zoning Ordinance for the district or districts in wh ich 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 parties 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 parties who have a mortgage or lien interest in the property . The Certificate of Dedication shall incorporate the standard easement language of the Article XIII. Subdivisions Platting Procedures September 23, 2002 Town of Westlake Unified Development Code ( Page20 ___; NOTARY PUBLIC, STATE OF TEXAS .. That all non-resident ial final plats contain the following owner's dedication language: NOW, THEREFORE , KNOW ALL PERSONS BY THESE PRESENTS : THAT [Name of Property Owner(s)J , DO HEREBY ADOPT THIS PLAT , DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS [Name of Subd ivision] , . AN ADDITION TO THE TOWN OF WESTLAKE , TARRANT 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 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 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 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. Article XIII. Subdivisions Platting Procedures September 23 , 2002 i ... September 23, 2002 Town of Westlake Unified Development Code 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 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 SA ID 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 "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 ; I . ON THE PLATTED PROPERTY AS A RESULT OF SUCH USES SHALL 11 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 \1 OF SAID EASEMENTS BY THE TOWN OF WESTLAKE . Ji 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)] Article XIII. Subdivisions Platting Procedures Town of Westlake Unified Development Code (~e22 THE 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 D. Distribution and Review. 1. Distribution of Copies. Final plats and Engineering Plans shall be distributed by the Town Engineer or Town Secretary to the following : a) Town Mayor (1 copy) b) Town Secretary (1 copy) c) Planning and Zoning Commission (5 copies) d) Town Engineer (1 copy) e) Town Planner (1 copy) f) Town Transportation Planner/Engineer (1 copy) 2. Written Report. A written report shall be prepared by the Town Engineer in conjunction with the Town Planner and Transportation Planner/Engineer, with 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 Plann ing and Zoning Commission for consideration at its next regularly scheduled meeting . E. Standards for Approval. 1. Standards for Approval. No final plat shall be recommended or approved by the Town Engineer, Planning and Zoning Commission or Board of Aldermen unless the following standards have been met: a) The plat substantially conforms to the preliminary plat, if a preliminary plat was required . Article XIII. Subdivisions Platting Procedures September 23, 2002 " .. September 23 , 2002 Town of Westlake Unified Development Code 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 conforms 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 ordinance . e) The plat meets all other requirements of this ordinance . f) Payment of all fees has been made . 2. Requirement for Approval. The Town Engineer, Planning and Zoning Commission or Board of Aldermen 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 d) It conforms to subsection 2 .6 E 1, above . F. Approval Procedure. 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 Commission . Minor plats may be approved by the Engineer or referred to the Board of Aldermen . Following review of the final plat and other materials submitted for conformity thereof to these regulations, the Commission shall recommend approval or denial of the submitted final plat. a) Recommended Approval . Final plats recommended for approval shall be filed for hearing by the Board of Aldermen . b) Recommended Denial. Final plats not recommended for approval may be processed in one of the two following ways : 1) Final plat 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 final plat recommended for denial may be filed for hearing at a regularly scheduled Board of Aldermen Meeting . 2. Recording of Commission Action. The action of the Planning and Zoning Commission shall be noted on two (2) copies of the final plat , referenced and attached to any conditions determined . One (1) 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 Article XIII. Subdivisions Platting Procedures Town of Westlake Unified Development Code therefor shall be entered in the minutes of the Planning and Zoning Commission . 3. Forward Final Plat to Board. The Town Engineer shall submit the final plat with the recommendations established by the Planning and Zoning Commission to the Board of Aldermen for its consideration . Eight (8) additional copies of the final plat should be submitted to the Board of Aldermen through the Town Engineer not less than fifteen ( 15 ) days prior to the Board meeting at which consideration is desired . 4. Board Consideration of Final Plat. After review of the final plat , any and all reports and recommendations as submitted pursuant to these regulations , and any exhibits submitted at the public hearing , the Board of Aldermen shall approve or deny the final plat. The action of the Board shall be noted on two (2) cop ies of the final plat. One (1) copy shall be returned to the subdivider or developer and the other retained in the Town files . 5. Recording of Board Action. A notation of the action taken on each final plat and the requis ite reasons therefor shall be entered in the m inutes of the Board. G. Certificate of Compliance. Upon final approval of a final plat required by these regulations , the Board of Aldermen 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 unt il 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 of Westlake perta ining to the subdivision of land . An approved and 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 adv ise the subdivider as to future requirements to obta in 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 Mayo r and the Town Secretary shall endorse approval on the final plat after the agreement and security have been approved by the Board , and all the conditions pertaining to the final plat have been satisfied . 2. When Installation of Public Improvements are Required. When installation of public improvements is required prior to approval of the fina l plat , the Mayor and Town Secretary shall endorse approval on the final plat after all conditions of approval have been satisfi ed and all publ ic improvements satisfactorily completed . There shall be written evidence that the required publ ic 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 . Article XIII. Subdivisions Platting Procedures September 23, 2002 Town of Westlake Unified Development Code 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 and within ten (10) working days of its receipt by the Town Engineer. One (1) copy of the recorded final plat will be forwarded to the property owner by the Town Engineer. 2.7 Minor Subdivision Plats A. Procedure for Minor Plats. A subdivision may be platted with the abbrev iated procedures that follow if it meets the criteria set forth below: 1. The land in question lies along or fronts upon an existing street. 2 . The subdivision does not encompass more than four (4) tracts or lots , which do not require extension of municipal utilities . 3. The subdivision or use of the land to be subdivided does not necessitate any appreciable alteration of utility installations, drainage patterns , streets , or building setback lines . 4. The tracts so subdivided generally conform to other lots in the vicinity and maintain the same zoning . 5 . No variance from the requirements of the ordinances of the Town of Westlake will be requested . B. Applicable Requirements . All designs , improvements and drawing information standards provided in these regulations shall be applicable to the short form subdivision . Prelim inary platting is not re qu ired . C. Filing of Minor Plat. The minor plat shall be submitted and filed with the Town in the same manner as any other plat and shall require the same filing fees as for a major subdivision . D. Staff Review . The Town Engineer shall review the plat to insure it meets all the provisions of these regulations . E. Decision. The Town Engineer shall approve the plat if it conforms to Subsection 2.6 E of this Article , or he may refer the decision to the Board of Aldermen . 2.8 Development Plats September 23 , 2002 A. Applicability. Pursuant to Chapter 212, subchapter B, of the Texas Local Government Code , whenever a property owner proposes to divide land into tracts or lots each of which is greater than five (5) acres , and for which no public improvements are proposed , he shall submit an application for approval of a development plat prior to the issuance of any building permit or the connection of any utility. The property owner may apply for a conveyance plat in accordance with section 2.9 prior to submittal of a development plat. Alternatively , the property owner may apply for plat approval pursuant to sections 2 .1 through 2. 7 in lieu of applying for development plat approval. B. Standards of Approval. The development plat shall not be approved until the following standards have been satisfied : 1. the proposed development conforms to the Westlake Comprehensive Plan , Master Plans for Utilities and Drainage, and Thoroughfare Plan; Article XIII. Subdivisions Platting Procedures Town of Westlake Unified Development Code Page 26 2. the proposed development conforms to the requirements of the zoning ordinance; 3. the proposed development is adequately served by public facilities and services, parks and open space in conformance with Town regulations ; 4 . appropriate agreements for acceptance and use of public dedications to serve the development have been tendered ; 5. the proposed development conforms to the design and improvement standards contained in the Town's subdivision regulations and other applicable ordinances. C. Conditions. The Town may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection 2.8.B. D. Approval Procedure. Application for a development plat shall be approved, conditionally approved, or denied by the Board of Aldermen . Upon approval, the development plat shall be filed with the County by the Town Engineer. E. Submittal Requirements . Each development plat shall : 1. be prepared by a Registered Professional Land Surveyor or Engineer; 2. clearly show the boundary of the development plat ; 3 . show each existing or proposed building , structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein; 4 . show all easements and rights-of-way within or adjacent to the development plat; and 5. include dimensions of each street, sidewalk, square , park or part of the property intended or required to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to such facility . 2.9 Conveyance Plats A. Purpose. A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means . A conveyance plat may be used to convey the property or interests therein. A conveyance plat may not be used to authorize the development of land , and a conveyance plat shall not be considered as the first step in the process of subdividing land for the purposes of development. Approval of a conveyance plat does not waive any requirement established by these subdivision regulations pertaining to the subdivision of land for purposes of development. B. Applicability. A conveyance plat may be used to record the subdivision of property provided that no single lot created is 5 acres or smaller. A conveyance plat may be used in lieu of a final plat to record the remainder of a tract created by the final platting of a portion of the property provided that the remainder is larger than 5 acres and such land has not been included in an application for a preliminary plat or development plan . C. Application Procedure and Requirement. 1. Application Requirements. The property owner shall submit an application, together with other supporting documents and fees to the Town Article XIII. Subdivisions Platting Procedures September 23 , 2002 September 23 , 2002 Town of Westlake Unified Development Code Engineer no later than fifteen (15) days prior to the date of the meeting of the Commission on which the conveyance plat is scheduled for consideration . Conveyance plats which qualify as minor plats may be submitted at any time during normal office hours and shall be reviewed and acted upon by the Town Engineer in accordance with Sections 2.7 . A conveyance plat and associate documents shall include all information listed below: a . The boundary lines accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract. b. True bearings and distances to the nearest established street lines or official monuments, which shall be accurately described on the plat: municipal, township, county, or section lines accurately tied to the lines of the subdivision or addition by distances and bearings . c . An accurate location of the subdivision or addition with reference to the abstract and survey records of the county . d . The accurate location , material , and approximate size of all monuments and corners . e . Location of the property relative to the Town 's Thoroughfare Plan . f . An outline of the property which is shown as open space on the Town 's Open Space Plan . g . Name and address of the property owner. h. North point, scale , and date . I. Certification by a Registered Public Surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist , and their location , size , and material description are correctly shown . j . All conveyance plats must be titled "Conveyance Plat" and carry the following wording : "A conveyance plat is a record of property approved by the Town of Westlake for the purpose of sale or conveyance in it's entirety or interests thereon defined . No building permit shall be issued nor permanent public utility service provided until a final plat is approved, filed of record , and public improvements accepted in accordance with the provisions of the Subdivision Ordinance of the Town of Westlake . Selling a portion of this property by metes and bounds , except as show on an approved , filed and accepted conveyance plat, final plat or replat is a violation of the Town Ordinance and State Law". 2. Standard for Approval a. Access. All tracts, parcels , lots or sites created by a conveyance plat shall have frontage and access to an existing or proposed public street defined on the Town 's Thoroughfare Plan or to an existing standard street meeting Town construction standards and accessing the existing Town street system . Article XIII. Subdivisions Platting Procedures r-- Pag.:5 Town of Westlake Unified Development Code Page~ b. Reservation of Rights-of-Way. Conveyance plats must show future rights-of-way of planned roadways specified on the Town's Thoroughfare Plan . Reservation of right-of-way does not grant any right or interest in the property to the other entity . The final alignment may be adjusted upon final platting in order to meet engineering design standards. c. Dedication of Rights-of-Way. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property . The required right-of-way dedication shall be that which is reasonably necessary to provide access to the property proposed for final plat approva l, in light of the Town 's Thoroughfare Plan . 3. Approval Procedure. A conveyance plat meeting all requirements of the Town shall be placed on the consent agenda of the Planning and Zoning Commission . Conveyance plats shall be approved provided they comply with the requirements set forth in this Section 2 .9 . The Commission must approve , conditionally approve or deny a conveyance plat no later than 30 days from the date of application . If den ied , the Commission shall provide written explanation of the reason for denial. If the Commiss ion fails to approve or deny the application within 30 days of the official submission date , the conveyance plat shall be deemed approved . 4. Signing and Filing. a . After the approval of the conveyance plat by the Comm ission and the correction of the conveyance plat as required to meet the requirements of the Section 2 .9 , the property owner or his engineer shall submit filing fees and the required number of copies for filing to the Town Engineer for filing with the County . Having submitted copies and fees , the owner may request a delay of filing for up to six months from the date of approval. Any conveyance plat wh ich has not been filed with the County within six months of the date of approval shall be void . Prior to filing w ith the County , the property owner may withdraw or void a conveyance plat. Any conveyance plat withdrawn and/or voided must be resubmitted under current regulations and procedures and reapproved by the Commission and filed with the county . Prio r to filing , the Chairman of the Commission or the Town Engineer shall endorse approval of the conveyance plat. One (1) copy of the recorded conveyance plat will be forwarded to the property owner by the Town Engineer. b. No final plat processed and approved in association w ith a conveyance plat shall be filed w ithout the concurrent fil ing of the assoc iated approved conveyance plat. 5. Effect. a . Conveyance plat approval and acceptance by the Town does not rel ieve the owner from obl igations , includ ing fees , requ ired by other sections of this or other ordinances of the Town perta ining to the improvement of the property or extension of services as required to make to property suitable for development. b. Ne ither reservat ion nor ded ication of right-of-way shall re li eve the property owner from obligations for street construction or assessments Article XIII. Subdivisions Platting Procedures September 23 , 2002 Town of Westlake Unified Development Code associated with public street improvement programs . Easements for access , utilities and drainage may be recorded on conveyance plats . c . Final Platting Requirement i. No building permits shall be issued nor permanent utility service provided for land which has only received approval as a conveyance plat. ii. A conveyance plat may be vacated , replatted or superseded in total or in part by a through compliance with the procedures and requirement of this ordinance . 2.10 Exceptions A. General. Where the Board of Aldermen finds that unreasonable hardsh ips or difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal , it may approve exceptions to these subd ivision regulations so that substantial justice may be done and the public interest secured ; provided that the exception shall not have the effect of nullifying the intent and purpose of these regulations ; and further provided the Board shall not approve exceptions unless it shall make findings based upon the evidence presented to it in each specific case that: 1. The granting of the exception will not be detrimental to the public safety , health , or welfare or be injurious to other property ; 2 . The conditions upon which the request for a exception is based are un ique to the property for which the exception is sought and are not applicable generally to other property . 3 . Because of the particular physical surroundings , shape or topograph ical conditions of the specific property involved , a particular hardship to the owner would result, as distinguished f rom a mere inconvenience , if the strict letter of these regulations is carried out; 4 . The exception will not in any manner vary the provisions of the zoning ord inance or Comprehens ive Plan , as applied to the property . B. Criteria for Exceptions From Development Exactions. Where the Board finds that the imposition of any development exaction under these regulations exceeds reasonable benefit to the property owner or is so excess ive as to constitute confiscation of the tract to be platted , it may approve exceptions to such requirements , so as to prevent the excess . - C. Conditions. In approving exceptions, the Boa rd may requ ire such cond itions as will , in its judgment, secure substantially the purposes described in Subsection 2 .6 E. D. Procedures. A petition for an exception shall be submitted in writ ing by the property owner at the time when the preliminary plat or final plat is filed for the considerat ion of the Board . The petition shall state fully the grounds for the exception and all of the facts relied upon by the petitioner. 2.11 Amended Plats, Re-plats, Re-subdivision and Vacation of Plats September 23 , 2002 A. Replats Without Vacation. Replat or resubd ivision of a plat , or a portion thereof, but without vacation of the immediate previous plat , is hereby Article XIII. Subdivisions Platting Procedures Town of Westlake Unified Development Code Page 30 __,! authorized , and shall be deemed valid and controlling, when approved , after a public hearing , by the Board , when : 1. It has been signed and acknowledged by all the owners of the particular property which is being resubdivided or replatted. 2. It does not attempt to alter, amend , or remove any covenants , easements or restrictions . B. Filing Time . The time required to review and process a replat or resubdivision of a plat shall be a maximum of thirty (30) days. Replats or resubdivisions shall be filed with the Town Engineer a minimum of twenty-one (21) days prior to the meeting of the Commission , at which time approval is to be requested . Replats or resubdivisions shall show or be accompanied by the information that is required for preliminary plats or final plats , whichever is applicable . Replats or resubdivisions shall not be docketed for consideration unless the requirements of this Chapter are met. C. Amending Plats for Technical Reasons . 1. Technical Plat Amendments . The Board may, upon petition of the property owner or developer, approve and issue an amending plat which is signed by the applicants , for one or more of the purposes set forth below. This approval and issuance shall not require notice , hearing , or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is: a) To correct an error in any course or distance shown on the prior plat ; b) To add any course or distance that was omitted on the prior plat ; c) To correct an error in the description of the real property shown on the prior plat; d) To indicate monuments set after death , disability , or retirement from practice of the surveyor charged with responsibilities for setting monuments ; -----.. e) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; f) To correct any other type of scrivener or clerical error or omission as previously approved by the Board of Aldermen ; such errors and commissions may include , but are not lim ited to , lot numbers, acreage , street names , and identification of adjacent recorded plats g) To correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that the amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat ; h) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; i) To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all the lots join in the application for the plat amendment, provided that such amendment does not: Article XIII. Subdivisions Platting Procedures September 23, 2002 September 23, 2002 Town of Westlake Unified Development Code i) Attempt to remove recorded covenants or restrictions; or ii) Increase the number of lots. 2. Procedures . Amending plats for technical reasons may be approved by the Board by a majority vote at a regularly or specially scheduled public meeting without notice, public hearing or approval of other lot owners . D. Plat Vacation. 1. By Property Owner. The property owner of the tract covered by a plat may vacate , upon the approval of the Board of Aldermen, the plat at any time before any lot in the plat is sold . The plat is vacated when a signed , acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. 2. By All Lot Owners. If lots in the plat have been sold , the plat , or any part of the plat , may be vacated on the application of all the owners of lots in the plat with approval obta ined in the manner prescribed for the original pla t. 3. Criteria. The Board shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health , safety and welfare . As a cond it ion of vacat ion of the plat, the Commission may direct the petitioners to prepare a rev ised final plat in accordance with these regulations . 4. Effect of Action . On the execution and record ing of the vacating instrument, the vacated plat shall have no effect. Regardless of the Board 's action on the petition , the property owner or developer will have no right to a refund of any monies , fees or charges paid to the Town no r to the return of any property or cons ideration dedicated or del ivered to the Town except as may have prev ious ly been agreed to by the Commiss ion 5. Government Initiated Plat Vacation . The Board , on its motion , may vacate the plat of an approved subdivision or add it ion when no lots. within the approved final plat have been sold or de1ieioped upon with in five (5) years from the date that the plat was signed by the Mayor. Article XIII. Subdivisions Platting Procedures ~1 Town of Westlake Unified Development Code SECTION 3 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS (Page 32 3.1 Required Improvements and Subdivision Improvement Agreement A. Completion of Improvements. 1. Completion of Improvements. Except as provided below, before the final plat is signed by the Mayor, all applicants shall be required to complete , to the satisfaction of the Town Engineer, all street , sanitary, and other public improvements , as well as lot improvements on the individual residential lots of the subdivision or add ition as required in these regulations . The required improvements shall be those specified and approved by the Board in the preliminary or final plat. Where required by the provisions of this ordinance , the final plat shall dedicate those public improvements to the Town . As used in this Section , "lot improvements" refers to grad ing and installation of improvements required for proper drainage and prevention of so il eros ion . 2. Deed of Rights-of-Way and Easements. As a condition of fina l plat approval , the Board may require the property owner to deposit in escrow a sufficient deed describing by metes and bounds street rights-of-way and necessary easements required by these regulations , conveying such rights - of-way and easeme nt s to the Town , pending acceptance of improvemen ts by the Town and recordation of the fi nal plat. In t he event the property owner is unable to complete the improvements , and the improvements are deemed necessary for the preservation of the public health and safety , the Town may compel the delivery of the deed in order to complete the improvements as required . B. Improvement Agreement and Guarantee of Completion of Public Improvements. 1. Subdivision Improvement Agreement. a. The Board of Aldermen , upon recommendat ion of the Town Engineer, may waive the requ irement of Subsection 3.1 A 1 above , and may permit the property owner to enter into a Subdiv ision Improvement Agreement by which the property owner covenants to complete all requ ired public improvements no later than two (2) years following the date upon which the final plat is signed . The Agreement shall be on a form provided by the Town . b. The Board of Aldermen may also require the property owner to complete and dedicate some required public improvements prior to approval of the fi nal plat and to enter into a Subdivision Improvement Agreement for comp letion of the remainder of the requ ired improvements duri ng the two-year period . c . The owner shall provide for a bond , letter of credit or other fiscal surety acceptable to the Town Attorney that guarantees maintenance of the requ ired public improvements for a period of two (2 ) yea rs following acceptance by the Town of all required pub lic improvemen ts . The sure ty shall be in the amount of 100 % of the costs of the improvements for thi s period . d. The Subdivision Improvement Agreement shall contain such other terms and conditions as are agreed to by the property owner and Town . The agreements relat ive to any subdivision shall not be cons idered as complete until th ree (3) sets of record draw ings and one (1) set of Article XIII. Subdivisions Completion and Maintenance of Improvements September 23, 200 2 September 23 , 2002 Town of Westlake Unified Development Code sepias for the drawings for all streets and utilities including street lighting in the subdivision, certified by the developer's engineer, are filed with the Town Engineer. 2. Covenants to Run with the Land . The Subdivision Improvements Agreement shall provide that the covenants contained in the agreement run with the land and bind all successors, heirs and assignees of the property owner. 3. Agreement and Security for Lot Improvements for Residential Subdivisions. A Subdivision Improvement Agreement for residential subdivisions shall include provision for suitable surety to guarantee completion of all lot improvement requirements including , but not limited to , soil preservation , removal of debris and waste , and all other lot improvements required by the Town Engineer. Whether or not a build ing permit or certificate of occupancy has been issued , the Town may enforce the provisions of the Subdivision Improvement Agreement where the provisions of this section or any other appl icable law, ordinance, or regulation have not been met. 4. Security. a . Whenever the Town permits a property owner to enter into a Subdivision Improvement Agreement , it shall require the owner to provide security as specified below, to ensure completion of the required public improvements . The security shall be in the form of; i. a cash escrow, or ii. a letter of credit drawn upon a state or national bank. The letter of credit shall (1) be irrevocable, 2) provide for a term sufficient to cover the completion , maintenance and warranty periods , but not less than two years and , 3) requ ire only that the Town present the issuer with a sight draft and a certificate signed by an authorized representative of the Town certifying to the Town 's right to draw funds under the letter of credit, or iii. a first and prior lien on the property . b. The security shall be in the amount of 100% of the funds estimated by the Town Engineer to be necessary to pay for all promises and conditions contained in the Subdivision Improvement Agreement. c . In addition to all other security for completion of those public improvements where the Town participates in the cost, the owner shall provide a performance bond from the contractor, with the Town as a co - obligee. d . The issuer of any surety bond and letter of credit shall be subject to the approval of the Town Engineer and the Town Attorney . e . Pr ior to drawing on any form of security , the Town sha ll provide the property owner with notice and give the property owner a reasonable opportunity to cure . 5. Reduction of Escrow as Improvements Completed. As portions of the public improvements are completed in accordance with approved development plans , the developer may make application to the Town Engineer to reduce the amount of the orig inal letter of cred it or cash escrow. Article XIII. Subdivisions Completion and Maintenance of Improvements Town of Westlake Unified Development Code {page 34 If the Town Engineer is satisfied that such portion of the improvements has been completed in accordance with Town standards , s/he may cause the amount of the letter of credit or cash escrow to be reduced by such amount that s/he deems appropriate, so that the remaining amount of the letter of credit or cash escrow adequately insures the completion of the remaining public improvements . C. Temporary Improvements. The property owner shall build and pay for all costs of temporary improvements required by the Town and shall maintain those temporary improvements for the period specified by the Town . Prior to construction of any temporary facility or improvement, the owner shall file with the Town a separate improvement agreement and escrow, or, where authorized , a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be .properly constructed ; maintained , and removed . D. Government Units. Governmental units to which these contract and security provisions apply may file , in lieu of the contract and security , a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Article . E. Failure to Complete Improvements. For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the Town, the preliminary plat approval shall be deemed to have expired . In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the Town may: 1. Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; 2 . Suspend final plat approval until the public improvements are completed and record a document to that effect for the purpose of public notice ; 3 . Obtain funds under the security and complete the public improvements itself or through a third party ; 4 . Assign its right to receive funds under the security to any th ird party , including a subsequent owner of the subdivision or addition for which public improvements were not constructed , in whole or in part , in exchange for that subsequent owner's promise to .complete .the. public improvements on the tract; or 5 . Exercise any other rights available under the law . F. Acceptance of Dedication Offers . Acceptance of formal offers of dedication of street, public areas, easements, and parks shall be by authorization and written notification to the Town Engineer. The approval by the Board of a plat, whether preliminary or final, shall not of itself be deemed to constitute or imply the acceptance by the Town of any street, public area , easement, or park shown on the plat. The Board may require the plat to be endorsed with appropriate notes to this effect. 3.2 Construction Procedures A. Construction of Public Works. Construction of all public works projects shall be in accordance with the Town of Westlake Engineering Standards . Article XIII. Subdivisions Completion and Maintenan ce of Improvements September 23, 2002 Town of Westlake Unified Development Code B. Preconstruction Conference. The Town Engineer may require that all contractors participating in the construction shall meet for a preconstruction conference to discuss the project prior to beginning work. C. Conditions Prior to Authorization. Prior to authorizing construction , the Town Engineer shall be satisfied that the following conditions have been met: 1. The preliminary plat shall have been completed to the requirements of the Board at the time of approval. 2. All required plans and contract documents shall have been completed and filed with the Town . 3. All necessary off-site easements or dedications required for public facilities, not shown on the final plat, shall have been conveyed solely to the Town with proper signatures affixed . The original of the documents and filing fees shall be returned to the Town prior to approval and release of the engineering plans . 4 . All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the Town Engineer. These plans shall remain on the job site at all times. 5. A complete list of the contractors, their representatives on the site , and telephone numbers where a responsible party may be reached at all times must be submitted to the Town . 6 . All applicable fees must be paid to the Town . 3.3 Inspection of Public Improvements September 23, 2002 A. General Procedure. Construction inspection shall be supervised by the Town Engineer. Construction shall be in accordance with the Town's construction standards and specifications. Any change in design required during construction should be made by the engineer whose seal and signature are shown on the plans . Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans and if those revisions are noted on the plans or documents. All revisions shall be approved by the Town Engineer. If the Town Engineer finds upon inspection that any of the required public improvements have not been constructed in accordance with the Town's construction standards and specifications, the property owner shall be responsible for completing and/or correcting the public improvements . B. Certificate of Satisfactory Completion. 1. Record Drawings. The Town will not accept dedication of required public improvements until the applicant's engineer has certified to the Town Engineer, through submission of a detailed record drawings of the property, the location , dimensions, materials , and other information required by the Board or Town Engineer. The record drawin gs shall also include a complete set of drawings of the paving, drainage , water, wastewater, and other public improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat. Each as- built sheet shall show all changes made in the plans during construction and on each sheet there will be an as-built stamp bearing the signature of the engineer and date . The Town shall be prov ided one reproducible drawing of each of the utility plan sheets containing the as-bu ilt information . When Article XIII. Subdivisions Completion and Maintenance of Improvements Town of Westlake Unified Development Code age 36 these requirements have been met, the Town Engineer, on behalf of the Town , ·shall thereafter accept the public improvements for dedication in accordance with the established procedure. 2. Acceptance of Public Improvements. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the Town or to another authorized public entity for use and maintenance. The Town Engineer may , at his or her discretion , accept dedication of a portion of the required public improvements , provided adequate security has been given for the completion of all of the required public improvements. Upon acceptance of the required public improvements, the Town Engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed . 3.4 Issuance of Building Permits and Certificates of Occupancy A. Building Permit. No building permit shall be issued for a lot or building site unless the lot or site has been officially recorded by a final plat approved by the Town and all public improvements as required by the Board have been completed , as attested to by the Town Engineer through the issuance of a Certificate of Completion , except as permitted below. No commercial building permit shall be iss ued until a sales tax situs a g reement has been executed , un less a waiver of t he agreement is approved by the Town. 1. Building permits may be issued for non-residential and multi-family development provided that a preliminary plat is approved by the Town and construction plans have been released by the Town Engineer. Building construction will not be allowed to surpass the construction of fire protection improvements. 2 . The Town Engineer may issue residential building permits for a portion of a subdivision , provided that all public improveme nts have been completed and accepted for that portion of the development, including but not limited to those required for fire and emergency protection , and a development agreement has been approved by the Town for completion of all rema ini ng public improvements . · 3 . No commercia l building permit shall be issued until a sales tax situs agreement has been executed , unless a waiver of the agreement is approved by the Town. B. Certificate of Occupancy. No certificate of occupancy shall be issued for a bu il ding or the use of property unless all subdivision improvements have been completed and accepted by the Town or other public entity authorized to accept such improvements and a final plat approved by the Town has been recorded . Notwithstanding the above , the Town Engineer may authorize the occupancy of a structure provided that a Subdivision Improvement Agreement providing security in the manner provided by these subdivision regulations and guaranteeing completion of the remaining improvements is in effect. Article XIII. Subdivisions Completion and Maintenance of Improvements September 23, 2002 \ , .. Town of Westlake Unified Development Code SECTION 4 PUBLIC IMPROVEMENT REQUIREMENTS-GENERAL 4.1 General Requirements Land that the Board finds to be unsuitable for subdivision or development due to flooding , improper drainage , steep slopes, rock formations, as identified in the Comprehensive Plan, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or addition and/or its surrounding areas , using generally accepted engineering standards, shall not be subdivided or platted unless adequate methods are formulated by the owner and approved by the Board, upon recommendation of the Town Engineer, to solve the problems created by the unsuitable land conditions . 4.2 Adequate Public Facilities Policy September 23, 2002 Except for evaluation of conveyance plats, the land proposed for subdivision or development must be served adequately by essential public facilities and services, as hereinafter set forth in these subdivision regulations . Land shall not be approved for platting unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities , drainage facilities , transportation facilities and park/recreational facilities which are necessary to serve the development proposed , whether or not such facilities are to be located within the property being platted or located off-site. This policy may be defined further and supplemented by other ordinances adopted by the Town . A. Conformance to Plans. Proposed public improvements shall conform to and be properly related to the Town's Comprehensive Plan , Thoroughfare Plan, other adopted master plans for public facilities and services , and applicable capital improvements plans . B. Water. All platted lots must be connected to a public water system wh ich is capable of providing water for health and emergency purposes , including adequate fire protection . C. Wastewater. All platted lots must be served by an approved means of waste water collection and treatment. Additional standards and requirements are defined in Section 10 . D. Streets. Proposed streets shall provide a safe , convenient and functional system for vehicular and pedestrian circulation and shall be properly related to the Comprehensive Plan and Thoroughfare Plan, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. Additional standards and requirements are defined in Section 7 . E. Drainage. Drainage improvements shall provide for potential runoff from the entire upstream dra inage area and shall be designed to prevent overloading the capacity of the downstream drainage system. Additional standards and requirements are defined in Section 11 . F. Other Facilities. Adequate sites and convenient access for schools, parks , open space corridors , and other community services indicated in the Town 's Comprehensive Plan shall be related to the character and uses of the surrounding properties in accordance with the intent, policies and provisions of this ordinance . Article XIII. Subdivisions Public Improvement Requirements Town of Westlake Unified Development Code 4.3 Subdivision or Addition Name The proposed name of the subdivision or addition shall not duplicate , or too closely approximate phonetically , the name of any other subdivision or addition in the area covered by these regulations and shall , where possible , correspond to named subdivisions or additions in the immediate v icinity . The Board shall have final authority to approve the name of the subdivision or addition based upon the recommendation of the Town Planner or Town Engineer. 4.4 Surye~ A. Permanent Monuments . The Surveyor respons ible for the plat shall place permanent monuments at each corner of the boundary survey of the subdivision . These monuments shall be a four (4) inch diameter concrete post three (3) feet long ; a steel rod five-eighths (5/8") inch in diameter imbedded three (3) inches in the monument, flush with the top , placed in the exact intersecting points of the corner. The monuments shall be set at ground level o r at such an elevation that they will not be disturbed during the construction , and the top of the monument shall not be more than twelve (12) inches below finished ground level. B. Markers. Markers shall be set at all block corners , street curve po ints and ang le points along the boundaries and also with in the subd iv ision . These markers sha ll be a five eighths (5/8) inch reinforcing bar, eighteen (18) inches long . The markers shall be set at ground level or at such an elevation that they w ill not be disturbed during the construction , and the top of the marker shall not be more than twelve (12) inches below finished ground level. C. All Corners Marked. All lot corners sha ll be located and marked w ith one ha lf (Y:z) inch reinforc ing bar , eighteen (18) inches in length , and shall be placed flush with the ground or counter sunk , if necessary, in order to avoid being disturbed . 4.5 Facility Design A. Facility Design Standards. Streets , thoroughfares , dra inage fac ilit ies , water lines , wastewater lines , park and recreational facilities , and other such facil ities which are to be owned , operated and/or maintained by the Town of Westlake shall be designed and constructed in accordance with the Town 's correspond ing Master Plans and Engineering Standards . B. Good Engineering Practices. In cases where the Town 's standards do not cover all aspects of a development, the developer w il l be expected to prov ide designs and facilities in accordance with good engineering practice and to cause to be constructed facilities utilizing first class workmanship and mate r ials . Article XIII. Subdivisions Public Improvement Requirements September 23 , 2002 Town of Westlake Unified Development Code SECTION 5 LOT DESIGN AND IMPROVEMENT STANDARDS 5.1 Lot Arrangement The lot arrangement shall be such that there will be no foreseeable difficulties , for reasons of topography or other conditions , in securing building permits to build on all lots in compliance with Article V Zoning District Development Standards , the Uniform Building Code and other applicable ordinances, laws and regulations . Driveway access shall be provided to buildings on the lots from an approved street or public way in conformance with the Town 's Dr iveway Ordinance. 5.2 Lot Dimensions A. Lot Dimensions Must Comply with Zoning District. Lot dimensions shall comply with the minimum standards of Article V Zoning District Development Standards as determined in .each zoning distri ct. In general , development sha ll be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan . Dimensions of corner lots shall be large enough to allow for erection of buildings . Depth and width of properties reserved or laid out for business , commercial , or industrial purposes shall be adequate to provide for the off-street park ing , landscaping , and load ing facilit ies required for the type of use and deve lopment contemplated , as established in the Zoning Ord inance . B. Measuring Lot Dimensions. Lot dimensions shall be measured at the property line , except that for res idential lots located on cul-de-sac circles or at the corners of a loop street , lot d imensions for these types of lots shall be measu red along the front building line and one side lot line and may be less than the min imum required by the zon ing district, provided the lot meets width and area requirements . In general , the depth of a resident ial lot should not exceed four times the width of the lot, unless topographic or env ironmenta l characteristics create a condition best addressed by an excessive lot depth . 5.3 Double Frontage Residential Lots Double frontage and reversed frontage lots shall be avoided except where necessary to separate residential development from traffic arterial or to overcome specific disadvantages of topography and orientation . 5.4 Soil Preservation and Final Grading Top soil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least s ix (6) inches of cover on the lots , parkways and medians. Permanent erosion control measures, such as grassed parkways , shall be provided throughout the development prior to final acceptance of the improvements . 5.5 Minimum Lot and Floor Elevations September 23 , 2002 Minimum lot and floor elevations shall be establ ished as follows : A Lots abutting a natural or excavated channel s hall be constructed a m inimum of two (2) feet above the 100 year floodplain as defined in the Master Drainage Plan . 8 . All lots shall have pos itive drainage . Article XIII. Subdivisions Lot Des ign and Improvement Standards Page 39 ........ Town of Westlake Unified Development Code C. Where lots are served by on-site wastewater facilities that rely on the gravity flow of wastewater, the minimum finished floor elevations shall be not less than 4 .5 feet above the highest elevation of the ground at the drain field , absorption bed or evapotranspiration bed unless otherwise permitted by the Town Engineer. Article XIII. Subdivisions Lot Design and Improvement Standards September 23, 2002 Town of Westlake Unified Development Code SECTION 6 NON-RESIDENTIAL PLATS 6.1 General A nonresidential plat shall be subject to all the requirements of these regulations , except those that clearly pertain only to residential properties. In addition , a non- residential plat shall conform to the proposed land use and standards established in the Comprehensive Plan and Articles Ill, IV and V of the Unified Development Code . Site plan approval and plat approval may proceed simultaneously at the discretion of the Board . 6.2 Design Principles In addition to those regulations, which are applicable to all platting , the applicant shall demonstrate that the street, parcel , and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicin ity. The following principles shall be observed : A. Proposed non-residential parcels shall be suitable in area and dimensions to the types of non-residential development anticipated . B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon , but in no case shall be less than the des ign standards embodied in the Thoroughfare Plan . C. Residential areas shall be protected from potential nuisance from a proposed non-residential plat by means of screening or other physical separation as further described in Article V Zoning District Development Standards of this Code . D. Streets carrying nonresidential traffic , especially truck traffic , shall not normally be extended to the boundaries of adjacent existing or future residential areas . 6.3 Frontage and Access Standards September 23 , 2002 All frontage and access standards and driveway standards shall comply with the Thoroughfare Plan and the Driveway Ordinance . Article XIII. Subdivisions Non-Residential Plats Town of Westlake Unified Development Code SECTION 7 ROADWAY FACILITIES STANDARDS 7.1 Streets and Thoroughfares Page 42 A. Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall assure that the subd ivis ion or development is served by adequate streets and thoroughfares , and shall be responsible for the costs of rights-of-way and street improvements , in accordance with the following polic ies and standards , and subject to the Town 's participation in the costs of oversize facilities . B. General Adequacy Policy. Every subd ivis ion or development sha ll be served by streets and thoroughfares adequate to accommodate the veh icular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic access and circulation , and shall be properly related to the Town 's Comprehensive Plan and Thoroughfare Plan , and shall be appropriately designed and sized for the traffic characteristics of each development. C. Road Network. New subdiv isions and developments shall be supported by a road network having adequate capacity , and safe and efficient traffic circulation . The adequacy of the road network for developments of more than 1,500 trips per day , or for developments involv ing collector or arterial streets not appearing on the Town 's adopted Thoroughfare Plan , shall be demonstrated by preparation of a traffic impact analysis prepared in accordance with Section 7. 7. In the event that the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the Town may require a demonstration of adequacy pursuant to this Section for additional phases or portions of the property as a condition of approval for the proposed plat. D. Approach Roads and Access. All subdivisions or developments must be connected to the Town's planned thoroughfare and street system by one or more approach roads of such dimens ions and approved to such standards as are hereinafter set forth . Requirements for dedicatio n of rights-of-way and improvement of approach roads may be increased depending on the density or intensity of the proposed development if the need is demonstrated by a traffic impact analys is. Access to a ll lo t s there in must be su itably improved or secured by provis ions contained in these regulations and the Driveway Access And Design Regulations in the Town's Thoroughfare Plan . E. Points of Access. The deve lope r shall prov ide a street system with in the development with at least one point of access to a publ ic street which is adequately designed and sized to handle the traffic adjacent to the development. The number of access points for a development of 150 or more dwelling units will be determ ined by preparation of a t raffic impact analysis in accordance with Section 7.7. F. Off-site Improvements. Where traffic impact analys is demonstrates the need for such fac ilities , the property owner shall make such improvements to off-s ite collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development. The Town may participate in the costs of oversize improvements with the subd iv ider or developer pursuant to Section 16 . Article XIII. Subdivisions Roadway Facilities Standards September 23, 2002 G. Street Dedications. Town of Westlake Unified Development Code 1. Dedication of Right-of-Way. The property owner shall provide all rights -of- way required for existing or future streets , and for all requ ired street improvements , including perimeter streets and approach roads, as shown in the Thoroughfare Plan or other valid deta iled development plans approved by the Board of Aldermen Rights-of-way shall parallel proposed curb and gutter improvements including radiuses rights-of-way at intersect ions . 2. Slope Easements. The ded ication of easements , in addition to ded icated rights-of-way shall be required whenever , due to topography, additiona l width is necessary to provide adequate earth slopes . Such slopes shall not be in excess of three (3) feet horizontal to one (1) foot vertical , except as otherwise approved by the Town Engineer. H. Intersection Improvements. Intersection imp rovements and traffic contro l devices shall be installed as warranted in accordance with the traffic impact analysis , where required by these regulations , subject to participation standards in Section 16 . The Town will agree to the insta ll at ion of traffic signals determ ined to be warranted in accordance with procedures specified in the state Manual of Uniform Traffic Control Devices . 7 .2 Types of Streets A. Arterial. A street intended for cont inuous trave l between communities and urban centers . Arterial are generally four (4) or more lanes w ide . B. Collector. A street which is continuous through parts of a resident ial or non- residential neighborhood for distances of up to a mile and which provides low speed links between local and arterial streets . C. Cul-de-Sac . A street which terminates at one (1) end with a turn-around . D. Freeway or Expressway. A limited access , high -speed roadway providing continuous travel between commun ities or urban centers E. Industrial or Commercial Street. A street intended primarily to serve traffic within an area of industrial or commercial deve lopment. F. Local Street. A low speed , low volume roadway which is intended primarily to provide access to individual parcels . G. Parkway. An arterial street with heavy emphas is on landscaping in the median and outer right-of-way . H. Alley. A service roadway providing a secondary means of public access to abutting property and not intended for genera l t raffic circulat ion . 7 .3 Design Standards September 23 , 2002 A. General. All streets and thoroughfa res shall be des igned in accordance w ith these regulations and applicable standards established in the Thoroug hfa re Plan and Comprehensive Plan , and according to cur rent Town standards and specificat ions, and as approved by the Town Engineer. B. Minimum Right-of-Way and Pavement Width. All streets shall conform to the Town 's approved Thoroughfare Plan . Article XIII. Subdivisions Roadway Facilities Standards Town of Westlake Unified Development Code Page 44 C. Dead End Streets. Dead end streets are not permitted except as required in subsection F below . When a dead end street is required pursuant to subsection F below, a temporary turn-around shall be provided at the end of the street. A final plat including a temporary turn-around shall contain the following "Cross-hatched area is temporary easement for tum-around until street is extended (direction) in a recorded plat." D. Cul-de-Sacs. Cul-de-sacs may be permitted where the form or contour of the land or the shape of the property makes such street design appropriate . Cul-de- sacs shall not exceed 600 feet in length , and shall have a turn-around of not less than 100 feet in diameter in residential areas, and not less than 140 feet in diameter in commercial and industrial areas . Alternative designs for cul-de-sac turnarounds such as "hammer heads ' may be approved by the Town Planner and Town Engineer. Cul-de-sacs greater than 600 feet in length may be allowed in low density residential areas with the approval of the Town Planner and Town Engineer. c=w.-Half-streets. Half-streets are prohibited. F. Relation to Adjoining Streets and Land. The system of streets designated for the subdivision or development, except in unusual cases , must connect with streets already dedicated in adjacent subdivisions; and where not platted, must in general be the reasonable projection of streets in the nearest subdivided tracts , and must be continued to the boundaries of the tract subdivided, so that other subdivisions may connect therewith . Reserve strips of land controlling access to or egress from other property to or from any street or having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not be permitted in any subdivision . G. Street Construction. Construction of all streets shall be in accordance with current Town standards and specifications and shall be mandatory before the street surfacing is accepted for maintenance by the Town . H. Street Intersections. 1. All streets shall intersect at a 90-degree angle ; however , variations may be approved by the Board within 10% of perpendicular. 2 . Acute angle intersections approved by the Board must ·nave a minimum 25 foot radii at acute corners . 3 . Street intersections with or extending to meet an existing street will be tied to the existing street center line with dimensions and bearings to show relationship. 4. Traffic circles may be allowed with the approval of the Town Engineer. I. Street Name Signs and Posts. The developer shall pay for the cost of purchasing and installing street name signs and posts at each street intersection , which signs and posts shall be approved by the Town . J. Street Lighting. The subdivider shall provide, at no expense to the Town and as a part of the street improvements, street lighting in accordance with the Town's standards. Where street lighting is not standard Town street lighting , the subdivider is required to furnish a street lighting layout for approval by the Board at the time approval is requested for the subdivision . If the Board approves an Article XIII. Subdivisions Roadway Facilities Standards September 23, 2002 Town of Westlake Unified Development Code alternative street lighting layout, _the street lighting must be maintained by an approved property owner's association. 7 .4 Private Streets September 23 , 2002 Subdivisions may be developed with private streets instead of public streets if the development complies with the requirements of the section and the subd ivis ion has received a Specific Use Permit for a private street development. Variances to these requirements shall not be permitted . A. Design and Construction Standards. Private streets shall conform to the same standards regulat ing the design and construction of public streets . These standards shall include , but are not limited to the following : 1. Thoroughfare Plan ; 2 . Driveway Access Ordinance; 3. Engineering Design guidel ines and Construction Standards and Deta ils ; and 4 . Street Naming and Addressing Policy . B. Streets Excluded. Streets shown on the Thoroughfare Plan shall not be used , maintained or constructed as private streets . Also , the Planning and Zon ing Commission may deny the creation of any other private street if , in the Commission 's judgment, the private street would : 1. Negatively affect traffic circulation on publ ic streets ; 2 . Impair access to property either on-site or off-site to the subdivision ; 3. Impair access to or from public facilities includ ing schoo ls , parks and libraries ; or 4 . Delay the response time of emergency veh icles . C. Property Owners Associations Required. Subdivisions developed w ith private streets must have a mandatory property owners association which includes a ll property served by private streets . The associat ion shall own and be respons ible for the maintenance of private streets and appurtenances. Such documents shall be rev iewed and approved by the Town Attorney to ensure conformance to this and other applicable Town ordinances . The association documents shall be filed of record prior to the approva l of the final plat. Lot deeds must convey membership in the associat ion and prov ide for t_!le payment of dues and assessments required by the association . The association may not be dissolved without the prior written consent of the Town , nor may any portion of the association documents pertaining to assessments and the maintenance of the private streets be amended w ithout the written consent of the Town . D. Private Street Lot. Private streets must be constructed within separate lot(s) owned by the property owners association . These lots must conform to th e Town 's standards for public street right-of-way . An easement covering the street lots shall be granted to the Town providing unrestricted use of the property for utilities and the maintenance of the same . This right shall extend to all ut ility providers including telecommunications companies and emergency services operating within the Town . The easement shall also provide the Town with the right of access for any purpose related to the exercise of a governmenta l service or function , including but not limited to fire and police protection , inspection and Article XIII. Subdiv isions Roadway Facilities Standards Page 45 .....__,, Town of Westlake Unified Development Code code enforcement. The easement shall permit the Town to remove any vehicle or obstacle within a street lot that impairs emergency access . E. Construction and Maintenance Cost. The Town shall not pay for any portion of the cost of constructing or maintaining a private street. F. Town Utilities. Water, sewer, and drainage facilities and street lights and signs placed within the private street right-of-way or public utility easement shall be installed to Town standards and dedicated to the Town or other appropriate public entity prior to approval of the final plat. All Town regulations relating to infrastructure financing, developer cost participation, and capital cost recovery shall apply to developments with private streets . G. Plans and Inspections. Developments proposed with private streets must submit to the Town the same plans and engineering information required to construct public streets and utilities. Requirements pertaining to inspection and approval of improvements prior to final plat approval shall apply. Fees charged for these services shall also apply . The Town may periodically inspect private streets and require repairs necessary to insure emergency access . H. Access Restrictions. The entrances to all private streets must be marked with a sign stating that it is a private street. Guard houses , access control gates and cross arms may be constructed . All restricted access entrances must be manned 24 hours every day , or provide an alternative means of ensuring access to the subdivision by the Town emergency vehicles , and other utility service providers with appropriate identification . If the association fails to maintain reliable access as required to provide Town services , the Town may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association . The association documents shall contain provisions in conformity with this paragraph which may not be amended without the written consent of the Town . I. Access Restricted Entrance Design Standards. Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 22 feet at the location of the access control device. If an overhead barrier is used, it must be a minimum of 14 feet in height above the road surface . All gates and cross arms must be of a break-away design . A turn- around space must be located in front of any restricted access entrance to allow vehicles denied access to safely exit onto public streets. J. Waiver of Services. The subdivision final plat, property deeds and property owner association documents shall note that certain Town services shall not be provided on private streets . Among the services which will not be provided are : routine police patrols and enforcement of traffic and parking ordinances . All private traffic regulatory signs shall conform to the Texas Manua l of Uniform Traffic Control Devices . Depending on the characteristics of the proposed development, other services may also not be provided . K. Petition To Convert to Public Streets. The property owner association documents shall allow the association to request the Town. to accept private streets and associated property as public streets and right-of-way upon written notice to all association members and the favorable vote of a majority of the membership, in accordance with the voting rights and procedures of the association . However, in no event shall the Town be obligated to accept the streets as public . Should the Town elect to accept the streets as public, the Town may inspect the private streets and ·assess the lot owners for the expense of needed repairs concurrent with the Town's acceptance of the streets . The ArtiCle XIII. Subdivisions Roadway Facilities Standards September 23, 2002 Town of Westlake Unified Development Code Town will be sole judge of whether repairs are needed . The Town may also require, at the association 's expense , removal of guard houses , access control devices , landscaping or other aesthetic amenities located within the street lot. The association documents shall provide for the Town 's right to such assessment. Those portions of the association documents pertaining to the subject matter contained in this paragraph shall not be amended without the written consent of the Town . L. Hold Harmless. There shall be a provision on the subdivision final plat whereby the property owners of the private streets and appurtenances agree to release , indemnify , defend and hold harmless the Town and any governmental entity for: 1. damages to the private streets occasioned by the reasonable use of the private streets by the Town or other governmental entity ; 2 . damages and injury (including death) arising from the condition of sa id private streets ; and 3. damages and injury (including death) arising out of the use by the Town or governmental entity of any restricted access gate or entrance. Further, such prov is ion shall provide that all lot owners shall release the Town and other governmental entities for such damages and injuries . The indemn ifications contained in this subsection apply regardless of whethe r or not such damages and injury (including death) are caused by the negligent act or omission of the Town or governmental entity or their representative, officers , employees or agents. M. Utility Duct Banks. The location of utility duct banks placed within the private streets or public utility easements shall be located and installed to the Town 's Eng ineering Standards and shall be dedicated to the Town prior to approval of the final plat or as part of the final plat. 7 .5 Street Names September 23 , 2002 A. Street Names. The developer shall name streets in conformance with the following considerations (however , the Board shall reserve the right for final determination of street names): 1. Names of new· streets , not extensions of ex isting streets , shall not dupl icate any existing street name in the 911 service area . 2 . If a new street is a direct or log ical extension of an existing street, the existing street name shall be used . 3. Street name suffixes such as place , court , c ircle and loop shall be designated on streets that are cul -de-sac or loop streets . Suffixes such as boulevard, parkway , expressway and drive shall be confined to designated arterial or collector streets . Suffixes such as highway or freeway shall be used only on designated highways or freeways falling under the jurisdiction of the Texas State Department of Highways and Public Transportation . 4 . Street name prefixes such as North , South , East and West may be used to clarify the general location of the street; however, the prefixes sha ll be consistent with the existing and established street naming and address numbering system of the general area in which the street is located . 5. Alphabetica l and numerical street names shall not be used . Art icle XIII. Subdivisions Roadway Facilities Standards Page4 Town of Westlake Unified Development Code Page 48 6 . Street names shall fit in with the names of existing streets in the area, and shall be approved by the Board as part of the final plat. 7 .6 Criteria for Exceptions for Street Exactions Where the Board of Aldermen finds that the imposition of any dedication or construction requirement for streets under these regulations exceeds reasonable benefit to the property to be platted, it may approve exceptions to these requirements , so as to prevent the excess . In order to qualify for an exception under this Section , the property owner shall demonstrate that the costs of right-of- way dedication and/or construction for non-local streets imposed under these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by or attributable to the development on the transportation network serving the property , including that which may be generated by or attributed to other phases of the project or property to be developed . 7.7 Traffic Impact Analysis Required traffic impact analysis shall include the follow ing elements : A. General Site Description. The traffic impact analys is shall include a detailed description of the roadway network within one (1) mile of the site , a description of the proposed land uses , the anticipated stages of construction , and the anticipated completion date of the proposed land development. This description, which may be in the form of a map , shall include the following items : 1. all major intersections , 2 . all proposed and existing ingress and egress locations , 3. all existing roadway widths and rights-of-way, 4. all existing traffic signals and traffic-control devices , and 5 . all existing and proposed public transportation services and facilities with in a one ( 1) mile radius of the site . 8. Proposed Capital Improvements. The traffic impact analysis shall identify any changes to the roadway network within one (1) mile of the site , proposed by any governmental agency . This description shall include the above items as well as any proposed construction project that would alter the width and/or alignment of roadways affected by the proposed development. C. Traffic Impact Analysis. 1. Transportation Impacts. a. Trip Generation . The average weekday trip generation rates (trip ends ) and the highest average hourly weekday trip generation rate between 4 P.M. and 6 P.M. for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers , Trip Generation Manual. b. Trip Distribution. The distribution of trips generated by the proposed development to arterial and collector roadways within the study area, in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; Article XIII. Subdivisions Roadway Facilities Standards September 23, 2002 September 23, 2002 Town of Westlake Unified Development Code development phasing; and development build-out conditions in accordance with the Town's Comprehensive Plan 2. Adequacy Determination. The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterial can accommodate the traffic volume generated by development build-out conditions for the Town and the traffic volume of the proposed development at level of service C ; and the Transportation Planner/Engineer has determined that the analysis was conducted in accordance with the requirements in th is Section . D. Intersection Analysis. 1. Level of Service Analysis. For intersections within the roadway traffic impact analysis area described in this Section , a level of service analysis shall be conducted for one normal work day (Tuesday through Thursday) and Friday on all intersections , including s ite driveways within one (1 .0) mile of a proposed s ite . The Town may waive analysis of minor intersections within the one-mile radius . The highest average hourly peak volume between 4 P.M. and 6 P.M. shall also be recorded . The level of service analysis shall take into consideration the lane geometry, traffic volume , percentage of right-hand turns , percentage of left-hand turns , percentage of trucks , intersection width, number of lanes , signal progress ion , ratio of signal green time to cycle time (G/C ratio), roadway grades , pedestrian flows , and peak hour factor . 2. Adequacy Analysis. The intersections inc luded within the traffic impact analysis shall be cons idered adequate to serve the proposed development if existing , or proposed to be improved , intersections can accommodate the traffic volumes generated by build -out conditions for the Town , and traffic volumes of the proposed development, at level of service C or as may be specifically approved by the Board of Alde rmen . E. Effect of Adequacy Determination. If the adequacy determ ination for roadways and intersections ind icates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area below the level of serv ice requ ired , the proposed development shall be denied un less the developer agrees to one of the fo ll owing cond itions : 1. the deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed , as shown in the Town 's Cap ital Improvements Plan ; 2 . a reduction in the density or intensity of de velopment; 3 . the dedication or construction of facilities needed to ach iev e t he leve l of service required ; or 4 . any combination of techniques identified that would ensure that development w ill not occur unless the leve l of service fo r a ll roadways and inte rsect ions w ith in the traffic impact analy si s study are adeq uate to accommodate the impacts of the development. Article XIII. Subdivisions Roadway Facilities Standards Town of Westlake Unified Development Code SECTION 8 SIDEWALKS AND BIKEWAYS 8.1 Sidewalks Page 50 Sidewalks shall conform to established Town standards and specifi cations . 8.2 Pedestrian The Board may require , in order to facilitate pedestrian access from the streets to schools, parks, playgrounds , open space corridors or other nearby streets , perpetual unobstructed easements which are established in the Comprehensive Plan , but in no case shall be less than fifteen ( 15) feet in w idth . Easements shall be indicated on the plat. 8.3 Bikeways Hike and bike sidewalks (bikeways) shall be constructed along streets des ignated for h ike and bike trails . Bikeways shall be constructed in accordance with AASHTO standards . Bikeways shall be built by the owner at the t ime of site development, o r the owner may petition for the Town to construct such facilities, subject to escrow policies stated in Section 16 .5. Article XIII. Subdivisions Sidewalks and Bikeways September 23 , 2002 Town of Westlake Unified Development Code SECTION 9 WATER FACILITIES STANDARDS 9.1 Adequate Water Facilities Water systems serving the subdivision , development or addition shall connect with the Town's water supply and distribution system , or other public water system , in accordance with the Town 's Master Plan for Water Facilities . Water facil ities shall be installed to adequately serve the development and each lot or tract therein and shall be located and sized to conform to Town engineering standards and specifications, in accordance with the Town's Master Plan for Water Facilities . The Town may require owners to provide a water study , including adequate eng ineerin g data to support water demand projections , before final plans will be approved . 9.2 Design and Construction Requirements No water system will be constructed unless all plans have been reviewed and approved by the Town to assure compliance with these requirements . All design and construction will be done under the inspection of the Town and in accordance with the Town 's Maste r Plan for Water Facilities . 9.3 Extension Policy The developer shall extend all water mains and appurtenances necessary to connect the development with the Town 's water supply and distribution system or other public water systems and shall extend such mains and appurtenances to all property lines of the subdivision to allow connection to these facilities by adjoining property owners in accordance with the Town's Master Plan for Water Faci liti es . Authority to extend water mains to serve newly subdivided or platted land shall be granted by the Town only upon a determination by the Town Engineer that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of occupancy permits for structures developed on such land . 9.4 Minimum Size Water mains shall be located and sized in accordance with the Town 's Master Plan for Water Facilities . 9.5 Fire Protection September 23 , 2002 A. Water Service. Water service must be sufficient to meet fire flow requirements of the proposed development for domestic and industrial purposes , except where a suitable alternative means of fire protection is approved by the Town . B. Fire Hydrants. Number and Locations . A sufficient number of fire hydrants shall be installed to provide hose stream protection for every po in t on the exterior wall of the building . There shall be sufficient hydrants to concentrate the requ ired fire flow , as recommended by the publication "Fire Suppression Rating Schedule " published by the In surance Service Office , around any building with an adequate flow available from the water system to meet th is required flow . In addition , the follow ing guidelines shall be met or exceeded : 1. Single Family and Duplex Residential . As the property is developed , fire hydrants shall be lo cated at all intersecting streets and at intermediate locations between intersections at a maximum spacing of five -hundred (500) feet between fire hydrants as measured along the length of the center line of the roadway, and the front of any structure at grade and shall be no further Article XIII. Subdivisions Water Facilities Standards Town of Westlake Unified Development Code r:52 than 500 feet from a minimum of two (2) fire hydrants as measured along the route that the fire hose is laid by a fire vehicle . 2. Multi-Family Residential. As the property is developed , fire hydrants shall be located at all intersecting streets and at intermediate locations between intersections at a maximum spacing of 400 feet as measured along the length of the center line of the roadway , and the front of any structure at grade and shall be no further than 400 feet from a minimum of two (2) fire hydrants as measured along the route that a fire hose is laid by a fire vehicle . 3. Other Districts. As the property is developed , fire hydrants shall be located at all intersecting streets and at intermediate locations between intersections at a maximum spacing of 300 feet as measured along the length of the center line of the roadway , and the front of any structure at grade and shall be no further than 400 feet from a m inimum of two (2) fire hydrants as measured along the route that a fire hose is laid by a fire vehicle . 4. Protected Properties. Fire hydrants required to provide a supplemental water supply for automatic fire protection systems shall be w ith in 100 feet of the fire department connection for such system . 5. Non-Residential Property or Use. Fire hydrants shall be installed along a ll fire lane areas as follows : a. Within 150 feet of the main entrance b. With in 100 feet of any fire department connection . c . At a maximum intermediate spacing of 300 feet as measured along the length of the fire lane . 6. Location. Generally , no fire hydrant shall be located closer than fifty (50) feet to a non-residential building or structure unless approved by the Town Engineer 7. Extra Hydrants. In instances where access between the fire hydrant and the building which it is intended to serve may be blocked , extra fire hydrants shall be provided to improve the fire protection . Railroads , expressways , major thoroughfares and other man-made or natural obstacles are considered as barriers . Article XIII. Subdivisions Water Facilities Standards September 23, 2002 Town of Westlake Unified Development Code SECTION 10 WASTEWATER FACILITIES STANDARDS 10.1 Adequate Sewage Wastewater Facilities Wastewater facilities serving the subdivision , development or addition shall connect to the Town's sanitary sewer wastewater system or other public wastewater treatment facility, in accordance with the Town 's Master Plan for Wastewater Facilities , except as provided in subsection 10.4. Wastewater systems shall be installed to adequately serve the development and each lot or tract therein and shall be located and sized to conform to Town engineering standards and specifications in accordance with the Town's Master Plan for Wastewater Fac ili ties. All additions to the wastewater system shall conform to the Town's Master Plan for Wastewater Facilities and other requirements of the Town . The Town may require a wastewater study, including adequate engineering data, to support projected sewer wastewater flows before final plan approval. The proposed wastewater d ischarge of a proposed development shall not exceed the capacity of the wastewater system based upon required studies. 10.2 Design and Construction Requirements All design and construction shall be done under the inspection of the Town and in accordance with estab li shed Town pol ici es and practices . No sewer system will be constructed unless all plans have been reviewed and approved by the Town to assure compliance with these requirements . 10.3 Extension Policy The developer shall extend all wastewater mains and appurtenances necessary to connect the development with the Town's wastewater system or other public wastewater treatment facility . The developer shall also extend wastewater mains to all property lines of the subdivision to allow connection to these facilities by adjacent property owners in accordance with approved plans. Authority to extend wastewater ma ins to serve newly subdivided or platted land shall be granted by the Town only upon a determination by the Town Engineer that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of occupancy permits for structures developed on such land . 10.4 On-Site Treatment September 23 , 2002 The owner and/or developer of the subdivision shall construct the necessary wastewater facilities to serve the subdivision . In certain conditions where access to a wastewater facility and approved treatment facility is unava ilable, the Town, at its sole discretion , may authorize the use of an on-site wastewater fac ili ty for the individual lots approved by all regulatory authorities having jurisdiction over such facilities, including the Town . The Town may require a study to make its determination . Article XIII. Subdivisions Wastewater Facilities Standards Page 53 Town of Westlake Unified Development Code SECTION 11 DRAINAGE FACILITIES STANDARDS 11.1 General Requirements A. Drainage Facilities. Drainage facilities shall be designed and constructed at such locations, size and dimensions to adequately serve the development and the contributing drainage area above the development. The developer shall provide all the necessary easements and rights-of-way required for drainage facilities including improved or natural drainage courses and storm drains as necessary , .. _ ·- B. Drainage Released to a Natural Water Course. Storm drainage released from the site will be discharged to a natural water course of an adequate size to control the peak runoff expected after development. C. No Adverse Effects on . Other Properties. The developer shall be responsible for the necessary facilities to provide drainage patterns and drainage controls such that properties within the drainage area , whether upstream or downstream of the development, are not adversely affected by storm drainage from fac ilities on the development. D. Developer and Engineer Responsible for Design. The requirements set forth herein are considered minimum requirements . The developer and his engineer shall bear the total responsibility for the adequacy of design . The approval of the facilities by the Town Engineer in no way relieves the developer of this responsibility . 11.2 Design of Facilities A. Standards. Design and construction of storm sewer systems shall be in accordance with the Town of Westlake Storm Drainage Policy and the Town 's Engineering Standards . The design flows for the drainage system shall be calculated by the Rational Method in accordance with standard engineering practice and in accordance with the Town of Westlake Storm Drainage Policy and the Town's Engineering Standards . Natural drainage courses , curbs , inlets , manholes, etc. shall be designed and constructed in accordance with the Town 's Engineering Standards . Drainage Plans shall be submitted with the plat. B. Accommodation of Upstream Drainage Areas. Drainage facilities shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area , whether inside or outside the subdivision or addition . The owner's engineer shall initia lly determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the Zoning Ordinance , subject to approval by the Town Engineer. C. Effect on Downstream Drainage Areas. The owner's engineer , subject to approval by the Town Engineer, shall study the effect of each addition's storm runoff on the existing underground drainage facilities immediately downstream of the addition . Where it is determined that existing capacity is not available immediately downstream , the owner's engineer shall design a drainage system , detention facility , or parallel system to mitigate the deficiency. The Board may withhold approval of the plat until such mitigation has been provided . If oversize improvements are requ ired , then the Town may participate in the cost as prescribed by this Ordinance. D. Detention Facilities. Lakes, detention ponds, and retention ponds may be required in certain areas to accommodate an adequate flow rate . In these cases, Article XIII. Subdivisions Drainage Facilities Standards September 23, 2002 Town of Westlake Unified Development Code they shall be designed in a natural manner and approved by the Town Engineer upon consultation with the Town's Landscape Architect. Easements shall be provided to ensure protection of these areas for maintenance purposes . E. Alternate Facilities. Other innovative drainage concepts will be considered if approved by the Town Engineer. 11.3 Dedication of Drainage Easements September 23 , 2002 A. General Requirements. When a subdivision or addition is traversed by a floodway as referenced by the current panel number(s) on the Floodway and Flood Boundary .Map (FIRM Maps) of FEMA ,.or other watercourse , drainage way , channel, or stream , a storm water or drainage easement shall be required . The easement shall substantially conform to the natural line of the watercourse , and should be of such width and construction as will be adequate for the purpose-e.g . the easement shall be adequate for an open channel of natural appearance with landscaped banks and sufficient width for maximum potential volume of flow , unless otherwise approved by the Town Engineer. An improved open drainage system or closed drainage system may be allowed if approved by the Town Planner and Town Engineer as part of a master drainage study. B. Access Easements. The property owner must provide sufficient access on at least one side of and parallel to all flood ways and open storm water or drainage ways for drainage maintenance purposes by the Town only . The access shall be above the base flood elevation and have a slope of 5: 1 (five feet horizontal to one foot vertical) or less and be accessible to vehicles and equipment. Access must also be provided at a maximum 1200 foot spacing along streets ; however, greater intervals may be approved by the Town Engineer to preserve trees . The location and size of the access easement shall be determined by the Town Engineer. The minimum width of the access easement parallel to the drainage course shall be fifteen (15) feet. Permanent monuments, the type and location of which are to be determined by the Town Engineer, shall be placed along the boundaries of the access easement and private property . This access easement shall be included in the dedication requirements of this Section . C. Drainage Easements. 1. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within street rights-of-way, perpetual, unobstructed easements at least fifteen (15) feet in width , depending on slopes , for drainage facilities shall be provided across property outside the street lines and with satisfactory access to the street. Easements shall be indicated on the plat. Drainage easements shall extend from the street to a natural watercourse or to other drainage facilities . 2 . When a proposed drainage system will carry water across private land outside the subdivision or addition , appropriate drainage easements must be secured by the developer. D. Floodway Dedication Requirement. 1. All areas within any subdivision located in a floodway as referenced by the current panel number(s) on the Floodway and Flood Boundary Map (FIRM Maps) of FEMA or the Town 's approved Master Drainage Plan, shall be dedicated to the Town or any approved property owners ' association , foundation or conservancy if designated as open space in accordance with the Comprehensive Plan or under terms and conditions in an approved Open Space Plan. Article XIII. Subdivisions Drainage Facilities Standards --(Page 55 Town of Westlake Unified Development Code Page 56 2. The floodway shall remain in its natural state unless improvements are permitted by the Town due to the pending development of properties adjacent to or upstream of the required improvements . 3 . Prior to acceptance of any floodway by the Town, the area shall be cleared of all debris . Floodways dedicated to the Town shall be left in a natural state except those areas designated for recreational purposes. 11.4 Grading Site, street or development grading shall conform to the Town 's Engineering Standards . 11.5 Plans, Specifications and Design Calculations The developer shall provide plans and specifications and design calculations for all drainage facilities . All open drainage courses shall be designed in a natural landscaped manner to prevent erosion . The types of methods used for prevention of erosion shall be specifically approved by the Town Engineer in consultation with the Town 's Landscape Architect. Article XIII. Subdivisions Drainage Facilities Standards September 23, 2002 Town of Westlake Unified Development Code SECTION 12 UTILITY STANDARDS 12.1 Utilities All util ities lines must be located under ground in compliance with Section 13 .1. 12.2 Easements A. Easements. The property owner shall be required to furnish all easements and rights-of-way required to serve the development. Where reasonable , all utilities , both public and private , should be located with in street rights-of-way . Notwithstanding the above , developers may offer easements outs ide of stree t rights -of-way. All ut ility facilities ex isting and proposed throughout the property shall be shown on the preliminary plat and accompanying development plans . B. Size of Easements. Easements shall be prov ided for both municipal and pri vate util ities . Municipal or ot her public utility easements for water, wastewater and storm sewer shall be a minimum of fi fteen (15 ) feet in width . A ll municipa l easements may be wider as determined by the Town Engineer depending on the depth and the size of the utility. Private util ity easements must be sized by the utility company . Proper coordination shall be established between the Town 's property owner and the app li cable util ity companies fo r the establ ishment of ut ili ty easements on adjo ining properties . C. Location of Utility Easements. When topographical or other conditions are such as to make impractical the inclusion of ut ilities within public rights-of-way , perpetual unobstructed easements at least fifteen (15) feet in width shall be provided along selected side lot lines for satisfactory access to the street or rear lot li nes . Easements shall be ind icated on the plat. D. Easements Shall Not Straddle Property Lines. Water, sewer or drainage easements shall not straddle lots unless approved by the Town Engineer E. Non-Town Owned Utilities. Electric , gas , telephone and cab le TV easements shall meet the requ irements of the respect ive utility company and shall not conflict with or be coincident with water or sewer easements . 12.3 Damage. The contractor and owner shall be responsible for all damage to existing public improvements caused during construction of new pub lic improvements. 12.4 Utility Duct Bank Facilities. Electric , cable , tra ffi c , water and sewer metering , low watt lighting , telephone , Internet p rovider , "Smart House " fac ili ties serving the subdivision , development or addition may be located within the Town 's util ity duct bank , in accordance with the Town 's Master Plan for Utility Duct Banks . Utility duct banks shall be dedicated and installed to adequately serve the subd iv ision development, or add ition and each lot o r tract there in and shall be located and sized to conform to the Town 's Engineering Standards and spec ifi cations in accordance with the Town 's Master Plan for Utility Duct Banks. September 23 , 200 2 A. Conformity to Master Plan. All add itions to the duct bank system sha ll conform to theTown 's Master Plan for Utility Duct Banks and othe r requ irements of the Town . The Town may requ ire a study to support the location and capac ity of the ut ility duct banks before final plan approva l. The proposed location and capacity of a proposed development shall not exceed the capacity of the utility duct bank based upon requ ired studies . B. Design and Construction Requirements. All design and construction sha ll be done under the inspection of the Town and in accordance with the Town 's established policies and practices . No utility duct bank system w ill be constructed Article XIII. Subdivisions Utility Standards Page 57 Town of Westlake Unified Development Code I"' Page 58 unless all plans have been reviewed and approved by the Town to ensure compliance with these requirements . C. Extension Policy. The developer shall extend all utility duct banks necessary to connect the development with the Town 's utility duct bank system . Developer shall also extend utility duct banks to all property lines of the subdivision to allow connection to these facilities by adjacent property owners in accordance with the approved plans. D. Authority to Extend Duct Banks. Authority to extend utility duct banks to serve newly subdivided or platted land shall be granted by the Town only upon a determination by the town engineer that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of Occupancy Permits for structures developed on such property. Article XIII. Subdivisions Utility Standards September 23, 2002 Town of Westlake Unified Development Code SECTION 13 UNDERGROUND UTILITIES 13.1 Underground Utility Standards All subdivision and development plats shall demonstrate compliance with the following underground utility standards : A Except as otherwise herein provided, telephone lines , cable television utility lines, and all electric utility lines and wires shall be placed underground. In special or unique circumstances or to avoid severe hardships , the Board may authorize exceptions from this requirement and permit the construction and _ .. _maintenance .of -overhead electric utility lateral or service lines and of overhead telephone or cable television lines and may approve any plat or site plan with such approved exceptions. 8 . Where electrical service is to be placed underground, circuits for street and site lighting , except street lighting standards, also shall be placed underground . C . Cable television and telephone support equipment (transformers, amplifiers, switching devices , etc .) necessary for underground installations in subdivisions shall be placed underground if reasonably possible ; otherwise , they shall be pad mounted and screened from view. Electrical support equipment may be placed at grade with site plan approval. 13.2 Cost Difference Between Underground and Overhead Nothing herein set forth shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. Each utility whose facilities are subject to the provisions of this ordinance shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service . 13.3 Temporary Service Nothing in this Section shall prevent provision of temporary construction service by overhead utility lines and facilities , however, no certificate of occupancy shall be issued until permanent utility lines and facilities are in place . 13.4 Definitions As used in this Section , the terms "feeder lines ," "lateral lines ," and "service lines" shall have the following meanings : A. Feeder Lines. Those electric lines that emanate from substations to distribute power throughout an area . B. Lateral Lines. Those electric lines that emanate from feeder lines and are used to distribute power to smaller areas of electric consumers . These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse or disconnect switch . C. Service Lines. Those electric lines which through a transformer connect a lateral line to a customer's service entrance . 13.5 Installation Compliance September 23, 2002 All installations regula ted by the provisions set forth herein shall be in conformance with the intent of this Section and shall conform to any regulations and/or specifications that the various public utility companies may have in force from time to time. Article XIII. Subdivisions Underground Utilities Town of Westlake Unified Development Code 13.6 Existing Overhead Utilities Nothing in this Section shall be construed to require any existing facilities to be placed underground ; provided , however, that no final plat shall be filed until all existing overhead lines have been removed unless the developer enters into a Subdivision Improvement Agreement pursuant to Section 3.1. This provision does not apply to conveyance plats. Article XIII. Subdivisions Underground Utilities September 23, 2002 Town of Westlake Unified Development Code SECTION 14 OPEN SPACE 14.1 Purpose The purpose of this section is to assure that sufficient land and facilities are provided to preserve the natural environmental systems in the Town , and to meet the open space, recreational and alternative circulation demands and needs of the residents of the Town . Public open space corridors provide utilities, recreation and circulation such as walking, running, cycling and horse-back riding. They also protect natural systems such as drainage, vegetation, wildlife and topography , all of which are enjoyed by the residents , workers and visitors to the Town of Westlake. In addition, open space corridors serve to preserve critical flood zones for storm water storage, erosion control and water purification . Consequently it is the Town's intent to require dedication of open space corridor land in accordance with the Comprehensive Plan or an approved Open Space Plan as a condition of plat approval and Town participation in excess cost of facilities. 14.2 Open Space Requirement as Additional and Supplemental Requirement The open space dedication requirement established by this Section is in conjunction with Section 15 for the reservation and dedication of land for public use . In any other respect , this section is in addition to and supplemental to, all other requirements imposed by the Town on the development of land . This dedication requirement is intended to be consistent with, and to further the policies of the Town's Comprehensive Plan , Thoroughfare Plan , the platting rules and regulations in this Code , approved Open Space Plans and a ll other Town policies, ordinances and resolutions by which the Town seeks to promote orderly growth and preserve natural resources . 14.3 Open Space Dedication Requirement September 23, 2002 A. Land to be Dedicated. Land for open space shall be dedicated in accordance with the locations indicated on the Comprehensive Plan or an approved Open Space Plan . The Town shall specify the proposed dimensions of the land to be dedicated in accordance with the Comprehensive Plan or an approved Open Space Plan. The owner may offer to dedicate an alternative site which reasonably meets the same needs of the Town . The Town shall evaluate the proposed dedication in accordance with subsection 14.4. B. Development Agreement. When a plat includes or is adjacent to an open space corridor, prior to , or concurrent with the approval of a preliminary plat (or if a preliminary plat is not required , then prior to approval of a plat or plat revisions), the owner and the Town shall execute a development agreement. The agreement shall establish the nature and value of the land and improvements to be dedicated or constructed ; any cash-in-lieu of dedication authorized under Section 14.6.A, and the amount of Town participation in excess costs, if any . This agreement shall be considered as part of the application for plat approval and said plat shall not be placed on the Commission agenda for consideration until a development agreement is submitted. The Town shall act on the proposed development agreement within sixty days of its submittal. C. Open Space Corridor Shown on Plat. If required to submit a preliminary plat, the plat shall show an accurate location of all land which is offered for dedication as an open space corridor. Any plat to be filed of record shall show the location Article XIII. Subdivisions Open Space ,,..,-- Page 61 -..__..... Town of Westlake Unified Development Code Page 62 and dimension of all land to be dedicated as public open space and include an appropriate plat dedication statement. D. Dedication to Town. Open space corridors shall be dedicated to the Town concurrent with the plat being filed of record . 14.4 Site Criteria Dedication of open space corridor land shall be evaluated in accordance with the following criteria : A Open space corridors shall be of a suitable size, d imension , topog raphy , and general character to meet the design criteria specified in the Comprehensive Plan or an approved Open Space Plan , and as may be further specified through administrative guidelines . B. Corridor width shall be a minimum of twenty feet on one side and twelve feet on the other side of a creek or drainage area from the top of the bank (exclud ing the channel ). C. Access to a linear park must be available through a dedicated pub li c street w ith a minimum paved width of thirty feet. 14.5 Protection and Restoration of Open Space Corridors A. Dumping and Fill Material. No dumping or fill material shall be perm itted in any proposed open space corridor. B. Removal of Trees and Vegetation. No trees or significant vegetation shall be removed or disturbed in any proposed open space corridor unless pursuant to a restoration plan authorized and approved by the Board of Aldermen . C. Disturbance to Open Space Corridor. Prior to development of any kind adjacent to any proposed or dedicated open space corridor , the owner of such land shall install appropriate fencing along the line of the adjacency with the open space corridor to prevent disturbance to the open space corr idor during any period of development. D. Altering or Filling Open Space Corridor. An owner who develops, improves , alters or fills a proposed open space corridor, including any disturbance of natural vegetation , without written approval from the Town Engineer, shall be subject to restoration requirements , clean -up costs , and damages , in addition to the penalties specified in Article XV Enforcement. E. Securing Unstable and Disturbed Areas. Unstab le and disturbed areas sha ll be secured during the development process through installation of erosion control Best Management Practices . 14.6 Development Agreements for Open Space A. Cash-in-Lieu of Dedication . If the property being platted does not include land identified in the Comprehensive Plan as an open space corridor , once corrido rs for connection to the Town -wide system are provided , provisions may be made in the Development Agreement to provide cash-in-l ieu of dedicatio n. B. City Participation. In the event that the reasonable value of requ ired land dedication exceeds the demands generated by the subdiv ision , the Town ma y participate in the excess costs in accordance with Town policies relating to availability of funds , if any, or may enter into an agreement to reimburse the developer for such excess costs, which shall occur no later than five years from the date of final acceptance of open space facilities . Article XIII. Subdivisions Open Space September 23, 2002 September 23 , 2002 Town of Westlake Unified Development Code 1. Participation and reimbursement provisions shall be incorporated in the development agreement required by subsection 14 .3. 2. The Town 's participation in excess costs pursuant to this section shall be contingent on approval by the Board of Aldermen . The Board shall approve any participation by the adoption of a resolution following a request for participation by the developer. Article XIII. Subdivis ions Open Space Town of Westlake Unified Development Code SECTION 15 PUBLIC LANDS REQUIREMENTS Page 64 15.1 Reservation of Land Except where these subdivision regulations require the dedication of land for public use, development plats , preliminary plats and final plats shall reserve land for future public use as designated in the Comprehensive Plan and associated plans for future public facilities and utilities, subject to participation requirements by the Town . Public uses include , but are not limited to : open space corridors , parks and recreation facilities, schools , libraries, police and fire stations , pump stations, water storage tanks , and lift stations. Land reserved shall be of a suitable size , dimension, topography, and character for the designated purpose. 15.2 Procedure for Reserving Land All development plats, preliminary plats and final plats shall provide for the necessary reservation of land for future public use. All such plats submitted for approval shall indicate sites to be reserved to the Town or other public entity for public use . Boundaries of land reserved for public use may be adjusted subject to the approval of the Board . The Board or applicable public entity shall initiate acquisition of any area reserved for public use on any plat within twelve months of the date of approval of the plat , unless the period is extended by the mutual agreement of the Town and the developer. The reservation shall be void if the Town or applicable public entity fails to initiate acquisition of the area reserved within this period and the area shall be free for development in accordance with these regulations . Article XIII. Subdivisions Public Lands Requirements September 23 , 2002 Town of Westlake Unified Development Code SECTION 16 PARTICIPATION POLICIES 16.1 General Standards A. Town's Share of Improvement. The Town shall participate in the costs of public improvements which are not for the primary benefit of the development and which have been oversized to serve developments other than that for which the plat has been submitted for approval, only to the extent and according to the standards stated in this Article and pursuant to the procedures herein set forth , and only if a Subdivision Improvement Agreement is entered into between the Town and owner, as provided in these regulations, which conforms to the req-uirements of Texas Local Government Code, Section 252, and Sections 212.071 through 212 .074 . In no event shall the Town participate in the cost of facilities which have not been oversized. The Town may also participate in the dedication of public open space corridors pursuant to Section 14 Open Space of this Article , and Article V , Section 1.2 . B. Owner's Responsibility. 1. Improvements Serving the Addition or Subdivision. The property owner shall be responsible for the entire costs of designing and installing all public improvements which primarily serve the subdivision or addition . Facilities required by these regulations , unless listed in Subsection 2 below, shall be considered as primarily serving the subdivision or addition unless otherwise determined by the Town . 2. Oversized Improvements. The property owner shall a lso be responsible for its share of the costs of oversized or off-site public improvements needed to assure adequacy of public facilities and services for the addition or subdivision, subject to participation and escrow policies contained in this Article . 3. Extension of Utilities. The property owner shall be responsible for extending streets , water, wastewater or drainage facilities off-site to his/her property as required by the Board and/or required to ensure adequacy of public facilities . ' 16.2 Facilities Eligible for Town Participation September 23 , 2002 The developer shall be responsible for the entire initial cost of installing public facilities , including over-sizing. As funds become available, the Town shall participate in the costs of installing public improvements as follows : A. Generally. The Town will pay only the cost of over-sizing facilities larger than those required to serve the development alone . Payment will not be made for oversize facilities unless the over-sizing has been approved by the Board of Aldermen . Facilities constructed by a municipal utility district shall not be eligible for participation by the Town . B. Streets. The Town will pay for one-half the cost of constructing full width paving for streets around the perimeter of the subdivision where only half of the paving is located within the subdiv ision . C. Water and Wastewater Lines. Any water or wastewater pipe which exceeds 12 inches may be eligible for oversize reimbursement. D. Drainage Facilities. The Town may participate in the costs of drainage facilities required pursuant to Section-11.2.B to accommodate potential runoff from an upstream drainage area . Article XIII. Subdivisions Participation Policies Town of Westlake Unified Development Code Page 66 E. Proportionate Share Studies. Where a traffic impact analysis , water study , wastewater study, drainage study has been required by these regulations and accepted by the Town in order to determine the proportionate costs of facilities attributable to the development, participation by the Town in the costs of such facilities will be limited to those costs not attributable to impacts from the subdivision . F. Open Space Corridors. The Town may participate in excess requirements for the dedication and improvement of open space corridors pursuant to Article V , Section 1.2 , and Section 14 of this Article . G. Criteria. Eligibil ity and the terms of payment will be made in accordance w ith the Town's impact fee ordinances , pro rata ordinances , approved open space plan , or facilities studies, as provided in subsection E above , and shall be incorporated in a developer's agreement prior to final plat approval. 16.3 Limitation and Exceptions Notwithstanding Subsection 16 .2 above , the Town sha ll not participate in the following costs : A. Those portions of the costs of any pub li c improvements not expressly described in Subsection 16 .2. B. Costs of constructing streets built wider than called for in the Thoroughfare Plan . C . Costs of street lights , decorative finishes or other similar expenses , unless required by the Town Eng ineer and not attributable to the subdivis ion . D. Costs of retention/detent ion ponds or slope protection . E. When reimbursing the property owner or developer pursuant to th is Article , the Town shall pay a maximum of 12% of the Town's participation cost for engineering fees , which includes surveying , construction staking and supervis ion , and the Town shall not be responsible for any other costs associated with survey ing , design , geo-technical investigations , quality controls or other construction costs . 16.4 Procedures for Town Participation A. Subdivision Improvement Agreement. The deve loper must enter into a Subdivision Improvement Agreement in wh ich the following information must be provided by the developer: 1. Owner's name , address , phone number 2 . Contractor's name , address , phone number 3 . Three lowest competitive bids , prepared in accordance with State law regarding competitive bidding , Tex . Loe . Gov't Code, Section 252 . B. Town Engineer Determination. The Town Engineer shall determine the Town 's participation in the cost of public improvements , in accordance w ith the criteria in Sections 16 .1 through 16 .3 in this Article . C. Final Determination of Town Participation . Upon completion of the work and acceptance by the Town , final construction costs w ill be determined . Town participation will then be calculated based on measurements in the field and applying the standards in Sections 16 .1 through 16 .3 in this Article . Article XIII. Subdivisions Participation Policies September 23, 2002 Town of Westlake Unified Development Code D. Reimbursement. Reimbursement of the Town's share of the public infrastructure improvements will be made as funds become available from allocated resources or assessments on a first in, first out process . No payments will be made after ten years from the date of final acceptance of the subdivis ion . 16.5 Escrow Policies and Procedures September 23 , 2002 A. Request for Escrow. Whenever these regulations require a property owner to construct a public improvement, the property owner may petition the Town to construct the improvement in exchange for deposit of escrow as established in this Section . The Board of Aldermen shall determine whether escrow is to be accepted in lieu of the obligation to construct the improvement. B . Deposit with Town. Whenever the Town agrees to accept escrow depos its in lieu of construction by the owner of the property under these regulations , the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the Town . This amount shall be paid prior to release of construction plans by the Town Engineer . The obligat io ns and responsibilities of the property owner shall become those of the property owner's transferees , successors and assigns ; and the liability therefor shall be joint and several. C. Determination of Escrow Amount. The amount of the escrow shall be determined by using the average of the comparable bids awarded by the Town in the preceding six (6) months or, if none exist, then current market value of construction as determined by an estimate by the Town Engineer. The determ ina tion shall be made as of the time the escrow is due. D. Termination of Escrow. Escrows which have been placed with the Town under this Section which have been held for a period of ten (10) years from the date of the payment or agreement, and in the event that the Town has not author ized the preparation of plans and specifications for construction of such improvements for which the escrow was made , shall upon written request be returned to the record property owner, with accrued interest, as limited by Subsection 16 .5 F. Such return does not remove any obligations of the owner for construction of the required improvement(s) if a building perm it has not been issued on the subject lot or if a new building permit is applied for . E. Refund. If any public improvement for which escrow is depos it ed is constructed or is reconstructed by another governmental authority at no cost to the Town , the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements . In the event that a portion of the cost is borne by the Town and the other portion of the cost by another governmental authority , the difference between the owner's actual proportionate cost and the escrow funds , including accrued in terest, if any , shall be refunded after completion and acceptance of the improvements . F. Interest Limitation. If money is refunded within six months of deposit, only the principal will be refunded . Monies returned after this date will be refunded with interest accrued calculated at 1 % less than the ra te of actua l earnings rece ived on the escrowed funds . Article XIII. Subdivisions Participation Policies Page 67 ARTICLE XIV. FLOODPLAIN Town of Westlake Unified Development Code SECTION 1 PURPOSE ••••••••.....•..•............••.•......••.•..•.•.••••.•........•••......•••••..•..•......•..•...................... 1 SECTION 2 APPLICABILITY •••................•....•..•..•.......•.•••................•.......•....•.•.•.....•....................... 1 SECTION 3 METHODS OF REDUCING FLOOD LOSSES •.......•...........•••••••.•.............................. 1 SECTION 4 DEFINITIONS .••..•..•...............••...•.••.•....••.•....•......•...........•....•....•.......•....................••... 1 SECTION 5 GENERAL PROVISIO~S ...........•..................................•........•...•..•............................. 5 SECTION 6 ADMINISTRATION .••........•••••.•.•.•••.•..••.•.•...•.•...•......•.........................•..•..•................... 5 SECTION 7 FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES ..................•..................... 6 7 .1 Floodplain Development Pennit ................................................................................... 6 7 .2 Application .................................................................................................................... 6 7 .3 Approval or Denial ........................................................................................................ 7 7.4 Floodplain Development Permit Fee ............................................................................ 7 SECTION 8 PROVISIONS FOR FLOOD HAZARD REDUCTION .................................................. 7 8.1 General Standards .......................................................... : ............................................ 7 8.2 Specific Standards for Habitable Structures ................................................................ 8 8.3 Standards For Subdivision ........................................................................................... 8 8.4 Standards for Streets, Qrainage, and Utilities ............................................................. 8 SECTION 9 VARIANCE PROCEDURES ........................................................................................ 9 9.1 General ...................................................................................................................... 9 9.2 Variances ..................................................................................................................... 9 9 .3 Maintenance of Record ............................................................................................... 9 SECTION 10 FLOODWAYS ............................................................................................................ 9 10 .1 Encroachments Restricted ............... ....... .... .... .... .... ..... ... . . . . ......... ... . .. .. . . . ... . ............ 9 SECTION 11 APPEAL PROCEDURES ........................................................................................ 10 11 . 1 General.......................................................................................................... . ........ 1 O 11.2 Record Maintained . .. ................................... ..................................... .. . .... 10 February 16. 1998 Article XIV. Floodplain Table of Contents Page i ARTICLE XIV. FLOODPLAIN Town of Westlake Unified Development Code SECTION 1 PURPOSE The purpose of floodplain regulations is to protect human life and health; minimize expenditure of public money for costly flood control projects; minimize the need for rescue and relief efforts associated with flooding that are generally undertaken by the Town at the expense of the general public; minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and prov iding for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas. SECTION 2 APPLICABILITY This article applies to all areas of Special Flood Hazard within the Town limits of the Town of Westlake. Within the Town's extraterritorial jurisdiction, this Article applies only to platting . The Town will not approve a final plat that does not conform to the minimum Federal Emergency Management Agency (FEMA) regulations regard ing floodplain management. SECTION 3 METHODS OF REDUCING FLOOD LOSSES This article provides for the following, consistent with achieving the purposes set forth above : • To restrict or prohibit uses that are dangerous to health, safety or property due to water or erosion hazards or which re~ult in damaging increases in erosion, flood heights or velocities . • To require that uses vulnerable to floods, inclu di ng fac ilit ies whi c h se rve suc h uses , be protected against flood damage at th e tim e of initial construction ; • To control the alteration of natural floodplains , str ea m channels , and natu ral prospective barriers, which help accommodate or channel flood waters ; • To control filling, grading, dredging , and other development wh ich may increase flood damage; • To prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands ; and •. To use any other method reasonably calculated to accomplish the purpose of this article and to promote the public health , safety , a nd general welfare. SECTION 4 DEFINITIONS February 16 , 1998 Unless specifically defined below, words or phrases used in this article shall be given their common meaning and construed to effect a reasonable int e rpretation or this arti c le Area of Shallow Flooding means a certain type of flood zone , typically designated AO, AH, or VO on a community's flood insurance rate map which is defined below . with a one ( 1) percent or greater annual chance of flooding to an average depth of one ( 1) to three (3) feet where a clearly defined chann e l does not exist. where th e Article XIV . Floodplain Page 1 Town of Westlake Unified Development Code Page 2 path of flooding is unpredictable, and where velocity flow may be evident , and be characterized by ponding or sheet flow . Area of Special Flood Hazard means the land in a floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area is generally designated as Zone A on the flood hazard boundary map (which is defined below). After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A is typically redefined as one or more of the following zones: A, AE, AH, AO, Al-99, VO , Vl-30, VE or V . Base Flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year; also known as the 100-year flood based on a fully developed watershed . Critical Feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised . Development means any manmade change in improved and unimproved real estate, including but not limited to the construction or alteration of buildings or other structures, mining , dredging , filling , grading , paving, excavation or drilling operations . · Elevated 6u11ding means a building with no basemenc which : (i) for zones Al -30 , AE. A, A99, AO, AH, B, C, X, and 0, has the top of the elevated floor , or for zones Vl -30, VE, or V, has the bottom of the lowest horizontal structural member of the elevated floor, elevated above ground level by means of piling, columns, posts and (or) piers, or shear walls built parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of no greater magnitude than the base flood . For zones Al -30, AE, A , A99, AO , AH . B. C , X, and 0 , elevated building also includes a building elevated by means of fill o r solid foundation perimeter walls with openings sufficient to all ow for the un imped ed movement of flood waters. For zones Vl -30, VE , or V, elevated building al so includes a building otherwise meeting the definition of elevated building , ev e n though the lower area is enclosed by means of breakaway walls if the br eaka way walls meet the standards of 44 CFR Part 60 , section 60 . 3 (e) (5) of the Nat iona l Flood Insurance Program regulations . A copy of the National Flood Insurance Program regulations are on file in the records under the custody and control of th e floodplain administrator. Existing Construction means , for the purpose of determining rates, structures for which the start of construction commenced before the effective date of the flood insurance rate map or before January 1, 1975, for FIRMS effect ive before that dat e . Existing construction is used interchangeably in this article with the term existing structures . Flood or Flooding means a general and temporary condition of part ial or complete inundation of normally di)( land by water resulting from : 1. The overflow of inland or tidal waters , or 2. The unusual and rapid accumulation or run -off of surfac e wat ers from an y source . Flood Boundary Floodway Map (FBFM) is that portion of the Flood Insurance Study which delineates the regulatory floodway within a floodplain . Article XIV. Floodplain February 16 . 1998 February 16, 1998 Town of Westlake Unified Development Code Flood Insurance Rate Map means the official map of a community, or any amended or supplementary map, or any comparable or similar map which is a substitute or replacement therefor, as well as any revisions thereto on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. The flood insurance rate map shall also be referred to in this article as FIRM. Flood Insurance Study is the official report which is periodically issued by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map. Floodplain or Floodprone Area means any land area susceptible to being inundated by the base flood (see definition of flood or flooding). Floodway or Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Functionally Dependent Use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. such as docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; however, the term does not include long-term storage or related manufacturing facilities . Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Levee means a manmade structure, usually an earthen embankment. designed and constructed in accordance with sound engineering practices to contain. control , or divert the flow of water so as to provide protection from flooding . Levee System means a flood protection system wh ich consists of a levee , or levees. and associated structures, such as closure and drainage devices. which are constructed and operated in accordance with sound engineering practices . Lowest Floor means the lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure , usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor: provided that such enclosure is not built so as to render the structure in violation of the applicable non -e levation design requirement of 44 CFR Part 60, section 60 .3, of the National Flood Insurance Program regulations . Mean Sea Level means, for purposes of the National Flood Insurance Program. the National Geodetic Vertical Datum (NGVD) of 1929 to which base flood elevations shown on a community's flood insurance rate map are referenced. New Construction means , for floodplain management purposes , structures for which the start of construction commenced on or after the effective date of the ordinance enacting this article ; provided . however, that new construction as defined under Ordinance No. 8095, which is in violation of ordinance No . 8095 and remains in violation thereof after the effective date of the ordinance enacting this article ; shall be considered new construction under this article . Riverine The condition of a body of water which is channelized and flowing and either in a natural or improved condition . Article XIV . Floodplain Page 3 Town of Westlake Unified Development Code Page 4 Start of Construction means the date the building permit was issued, and pertains to substantial improvement to an existing structure as well as construction of a new structure, provided the actual start of construction, repair, reconstruction, or placement of new or existing improvements was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work which has progressed beyond the stage of excavation and which shall include the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for basements or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not as part of the main structure. Structure means any walled and roofed building and shall in addition include manufactured homes and gas or liquid storage tanks that are principally above ground. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either. 1. before the improvement or repair is started, or 2. before the damage occurred, if the structure has been damaged and is being restored. For the purposes of the definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dim e nsions of the structure . The term does not, however, include either: 1. Any project for improvement of a structure to comply with existing state or local health, sanitary, environmental or safety code specifications which are solely necessary to assure safe living conditions; or 2 . Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places Variance means a grant of relief from the requirements of this article . A variance , therefore, permits construction or development in a manner otherwise prohibited by this article . For full requirements see 44 CFR Part 60, section 60.6 of the National Flood Insurance Program regulations, a copy of which is on file in the records under the custody and control of the floodplain administrator. Violation means the failure of a structure or other development to comply with the community's floodplain management regulations . A structure or other development without the elevation certificate, other certifications, permits , or other evidence of compliance required in said section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e){2}, (e)(4), or (e) (5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided . Article XIV. Floodplain February 16 . 1998 Town of Westlake Unified Development Code Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1989, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas . (Ord. No. 10056, 1, 2-9-88) SECTION 5 GENERAL PROVISIONS A. Basis for establishing the areas of Special Flood Hazard. The areas of special flood hazard identified by FEMA, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) or any amended or supplementary maps, or any comparable or similar map which is a substitute or replacement thereof, as well as any revisions thereto, are hereby adopted by reference and declared to be a part of this article . B. Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required to ensure compliance with the provisions of this article . SECTION 6 ADMINISTRATION February 16 . 1998 A. Floodplain Administration: The Town Engineer is responsible for administering, interpreting and implementing the provisions of this Article . B. Duties and responsibilities of the local floodplain administrator. Duties and responsibilities of the floodplain administrator shall include. but not be limited to. the following : 1. Maintain all records pertaining to the provisions of this article . 2 . Review permit applications to determine whether proposed building sites will be reasonably safe from flooding . 3. Review and approve or deny all applications for development permits required by adoption of this article . 4 . Review permits for proposed development within a floodplain to require-that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C . section 1334) from which prior approval is required . 5. Review all applications for permits for development within a floodplain to determine if the proposed development is located in the floodway . If located in the floodway . assure that the encroachment provisions of Section 10 are met. 6 . Interpret as needed the exact location of the boundaries of the areas of special flood hazards . For example, where there appears to be a conflict between a mapped boundary and actual field conditions . the floodplain administrator shall make the necessary interpretation . The floodplain administrator shall make such determinations in a reasonably prudent manner. When any such interpretation results in a determination that an area is not a special flood hazard , the issuance of any building permits for any part of the area subsequent thereto shall be subject to the applicant's agreement to indemnify, hold harmless, and defend the Town of Westlake Article XIV. Floodplain Page 5 Town of Westlake Unified Development Code and the floodplain administrator for any adverse consequences resulting from or related to such a determination. 7. Notify, in riverine situations, adjacent communities and the Texas Natural Resource Conservation Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 8 . Assure that the flood-cai-rying capacity within the altered or relocated portion of any watercourse is maintained or increased . 9 . When base flood elevation data has not been provided in the maps referenced in Section 5.B for an area within the jurisdiction of the Town, the floodplain administrator shall obtain, review and utilize to the extent possible . any base flood elevation data and floodway data available from a federal. state or other source. 10 . Require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community . 11 . Grant variances consistent with the provisions of Section 9, Variance Procedures. SECTION 7 FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES 7.1 Floodplain Development Pennit Page 6 A Floodplain Development Permit shall be required . It shall be issued by the Town for all proposed development in an area of Special Flood Hazard. 7.2 Application Application for a Floodplain Development Permit shall be presented to the Town Engineer on forms furnished by him and shall include but not be limited to. plans in duplicate drawn to scale showing the location, dimensions. and elevation of proposed landscape alterations, existing and propo .:;t:d s:. Lc tures. and the lo cation of the foregoing in relation to areas of special flood hazard . Additionally, the following information is required : A . Permit Required and Approval of other Agencies. A permit is required for all proposed development including single structures in any area of special flood hazard . Any development in a floodplain will comply with the floodplain regulations Vegetation shall not be removed or injured within the Special Flood Hazard area without written authorization in advance from the Town Engineer , which may be granted if the request is in conformance with a landscape plan approved by the Town: or as a result of routine maintenance of the vegetation such as trimming or cutting designed to maintain the healthy or attractive growth of the vegetation : or as a result of routine maintenance of the area in order to maintain the floodwater conveyance capacity of the floodplain performed Article XIV. Floodplain February 16. 1998 Town of Westlake Unified Development Code B. Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures ; C . Elevation in relation to mean sea level to which any non-residential structure shall be flood-proofed; D. A certificate from a registered professional engineer or architect that the non- residential flood-proofed structure shall meet the flood-proofing criteria of this Article; and E. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; 7.3 Approval or Denial Approval or denial of a Floodplain Development Permit by the Town Engineer shall be based on all of the provisions of this Article and the following relevant factors : A. The danger to life and property due to flooding or erosion damage , based on a fully developed watershed; B. The amount and degree of alteration of floodpla in boundaries , and the degree to which a "natural" appearing floodplain is preserved and integrated into the devel0pment. C . The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; D. The danger that materials may be swept onto other lands to the injury of others ; E. The compatibility of the proposed use with existing a nd anticipated development; F. The safety of access to the property in times of fl ood for ordinary and emergency vehicles ; G . The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges. and public utilities and facilities such as sewer, gas, electrical , and wat er sy st ems ; H . The expected heights , velocity, duration , rate of rise. and sediment transport of the flood waters and effects of wave action. if appl ica ble . expected at the site . I. The necessity to the facility of a waterfront location where applicable ; J . The availability of alternative locations, not subject to flooding or erosion damage , for the proposed use ; and K. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area . 7.4 Floodplain Development Permit Fee Reference the Town ',s Fee Schedule for required fees SECTION 8 PROVISIONS FOR FLOOD HAZARD REDUCTION 8.1 General Standards Feb ruary 16 . 1998 In all areas of Special Flood Hazards , the following prov isions are required for new construction and substantial improvem ents : Arti r lP XIV S:lnntinl:ain P~n P 7 Town of Westlake Unified Development Code Pag e 8 A. New construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads , including the effects of buoyancy; B. New construction or substantial improvements shall not be allowed in the floodplain, but where a variance may be granted for a non-habitable recreation oriented structure, they shall be constructed by methods and practices that minimize flood damage and impact on drainage flows; C. All new construction or substantial improvements shall be constructed by materials resistant to flood damage; 0 . On-site waste disposal systems shall not be located within floodplain boundaries . 8.2 Specific Standards for Habitable Structures In all areas of Special Flood Hazards where base flood elevations data has been provided as set forth in this Article, the following provisions are required : A. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to not less than two (2) feet above the base flood elevation, taking into account the effects of full development of the watershed. A registered surveyor shall submit a cert ification to the Town Engineer that this standard has been met. A record of such certification which includes the specific elevation (in re lation to mean sea level) to which such structures are flood-proofed shall be ma intain ed by the Town Engineer. B. New construction and substantial improvements of any commerc ial , ind ust ria l. or other nonresidential structure shall either have the lowest floor , includin g basement elevated to not less than two (2) feet above the base flood leve l ta kin g into account the effects of future urbanization or, together with attend a nt utility and sanitary facilities, be designed so that below the base flood level th e structure is water tight with walls substantially impermeable to the pa ssage of water and with structural components having the capab ility or resist ing hydrostatic and hydrodynamic loads and effects of buoyancy . 8.3 Standards For Subdivision All subdivision proposals shall comply with the provisions of this Articl e 8 .4 Standards for Streets, Drainage, and Utilities A The finished elevation of proposed streets shall be at least two (2) feet above th e base flood elevation . B. Where necessary, profiles and elevations of streets may be requ ired to determine compliance with this requirement. C Drainage openings shall be sufficient to discharge flood flows w ithout unduly increasing flood heights . 0 . Storm drainage facilities shall be design ed to convey the flow of surface w aters without damage to persons or property . E. The system shall insure drainage at all points along streets . and prov ide positiv e drainage away from buildings and on -site waste disposal si tes Article XIV. Floodplain Feb ruary 16 . 1998 Town of Westlake Unified Development Code F. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. SECTION 9 VARIANCE PROCEDURES 9.1 General The applicant may request a variance from the Board of Aldermen by filing such request with the Town . The Town may grant a variance only upon finding that: A. The variance is the minimum necessary, considering the special flood hazard, to afford relief. B. The variance meets the findings necessary for granting of a variance in Article II Authority . C . Failure to grant the variance would result in exceptional hardship to the applicant; and D. Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances . 9.2 Variances A . Variances may be issued for the reconstruction , rehabilitation or restoration of structures listed on the National Register of Historic Places or the State equivalent. without regard to the procedures set forth in this Article . B. Variances shall not be issued within any design ated floodway . 9.3 Maintenance of Record The Town Engineer shall maintain a re cord of a ll variances to th e req uireme nt s o f this Article and shall report such variances , upon requ es t , to FEMA. SECTION 10 FLOODWA YS 10.1 Encroachments Restricted Fe bruary 16 . 199 8 Located within areas of special flood hazard establ ished in Section 5 are areas designated as floodways . Since the floodway is an extremely hazardous area du e to the velocity of flood waters which carry debris, pote ntial projectiles . and erosion potential, the following provisions shall apply : A. Encroachments are prohibited including fill, new construction . substantial improvements and other development unless an approved technical evaluation by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed encroachments when combined with all other existing and anticipated development and encroachment shall not result in any increase in flood levels within the community during the occurrence of the ba se flood discharge . B. If th e provisions of the foregoing paragraph are satisfied , all new construct ion and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8 , Provisions fo r Flood Hazard Reduction . o .,,.,o a Town of Westlake Unified Development Code SECTION 11 APPEAL PROCEDURES Page 10 11.1 General Appeals may be taken from a requirement, decision, or determination made by the Town Engineer in the enforcement or administration of this Article to the Board of Aldermen. The appeal shall be filed with the Town Engineer. The Board may attach such conditions to the granting of such appeal as it deems necessary to further the purpose and objectives of this Article . 11.2 Record Maintained The Town Engineer shall maintain a record of all appeals taken pursuant to this Section . Arti cle XIV . Floodplain Feb ru ary 16 . 1998 ARTICLE XV. ENFORCEMENT Town of Westlake Unified Development Code SECTION 1 COMPLIANCE REQUIRED ...••••..••.•..............•.•.......•..........•.....•..•....•....•..................•... 1 SECTION 2 NOTICE OF INTENT TO SUSPEND OR REVOKE •.......•.................•.......................... 1 SECTION 3 SUSPENSION OR REVOCATION OF PERMIT ...••••....•.....•..•..•.•..•..•.•.....••................. 1 SECTION 4 SUSPENSION OR REVOCATION OF PERMITS CONDITIONED BY A VARIANCE OR SPECIAL EXCEPTION •.••..••...•..•......•..•...•••...•.....•..•..................•.... 1 SECTION 5 SUSPENSION AND REVOCATION OF SITE PLAN, SPECIFIC USE PERMIT OR SUBDIVISION CONSTRUCTION/ENGINEERING PLAN .............. 2 SECTION 6 SUSPENSION AND REVOCATION OF CERTIFICATE OF OCCUPANCY ............... 2 SECTION 7 CEASE AND DESIST ORDER .•.....•...•••.•..•.••.•.•.•••...........•.....•..•.•.......•.....•.................. 2 SECTION 8 APPEAL OF CEASE AND DESIST ORDER, REVOCATION OR SUSPENSION ...... 3 8.1 Appeal Process ............................................................................................................ 3 SECTION 9 CRIMINJl.1 .. ENFORCEMENT ...•••.....•.•..•..••....•••....................•.................................... 3 SECTION 10 CIVIL REMEDIES ...•.............•.•.....•......•..•....••.........................•.................................... 4 10 .1 General ....................................................................................................................... 4 February 16, 1998 Article XV. Enforcement Table of Contents Page i ARTICLE XV. ENFORCEMENT Town of Westlake Unified Development Code SECTION 1 COMPLIANCE REQUIRED No person shall use, occupy, or develop any land, building or other structures, or authorize or permit such use, occupancy or development. except in accordance with all applicable provisions of this Unified Development Code . The owner of any building, structure, or land, or part thereof, and any architect, builder, contractor, agent or any other person employed in connection therewith , who violates, or assists in or contributes to the commission of a violation of this Code, shall be deemed guilty of such violation and shall become liable for the penalties herein established . SECTION 2 NOTICE OF INTENT TO SUSPEND OR REVOKE Before suspension or revocation of any permit or authorization pursuant to this Article, the Chief Building Official or Town Planner, or designee(s), may give notice of the intent to suspend or revoke said permit or authorization , which notice may specify a reasonable time for compliance with this Code . If notice of intent is given , suspension or revocation may not occur before the time for compliance has expired. SECTION 3 SUSPENSION OR REVOCATION OF PERMIT When the Town determines that a permit has been issued in error or on the basis of incorrect information, or that there has been non-compliance with the provisions of the Code, the Chief Building Official or Town Planner may suspend the permit or license pending compliance with this Code . The Chief Building Official or Town Planner or designee(s) may revoke a permit if compliance is not achieved with in a reasonable period of time. Notice of suspension or revocation of a building per mit , or certifica te of occupancy shall be sent to the permit holder by certified mail , return receipt requested . A permit or certificate of occupancy may be immediately revoked by the Chief Building Official or the Town Planner or designee(s) when and if additional non - compliance with this Code occurs after the permit has been suspended . SECTION 4 SUSPENSION OR REVOCATION OF PERMITS CONDITIONED BY A VARIANCE OR SPECIAL EXCEPTION February 16 , 1998 When it is determined that there is a failure to comply with any term , condition or requirement of a variance or special exception. the Chief Building Official or Town Planner or their designees may suspend any permits pending compliance with the terms. conditions or requirements under which the variance or special exception was approved . Notice of suspensio'n or revocation of a permit shall be sent by certified mail, return receipt requested . The Board of Aldermen shall hold a public hearing no later than forty-five (45) day s after notification of the suspension or revocation . If the Board determines that ther e is a failure to comply with any term , condition or requirement of the variance or Article XV. Enforcement Page 1 Town of Westlake Unified Development Code special exception, it may revoke the variance or special exception or take such action as it considers necessary to ensure compliance. SECTION 5 SUSPENSION AND REVOCATION OF SITE PLAN, SPECIAC USE PERMIT OR SUBDIVISION CONSTRUCTION/ENGINEERING PLAN When the Town determines that a subdivision construction plan has been approved in error or on the basis of incorrect information, or that there has been a failure to comply with the provision of this Unified Development Code, the Chief Building Official or Town Planner or designee(s) may suspend the approval of the subdivision construction/engineering plan until there is compliance with this Code . The Chief Building Official or Town Planner or designee(s) may revoke the approval of the subdivision construction/engineering plan if compliance is not achieved within a reasonable time . Notice of suspension or revocation of the approval of a subdivision construction plan shall be sent by certified mail, return receipt requested . A site plan or specific use permit may be revoked by the Board of Aldermen upon public hearing if violations of conditions are determined to exist. In addition, a special use permit shall terminate in accordance with Article IV Section 3.4 . SECTION 6 SUSPENSION AND REVOCATION OF CERTIFICATE OF OCCUPANCY When the Chief Building Official or designee determines that a certificate of occupancy has been issued in error or on the basis of incorrect information or that the building or structure is in violation of any ordinance or regulation, the Chief Building Official or designee may suspend the Certificate of Occupancy until th e re is compliance with all ordinances and regulations . The Chief Building Offic ia l or designee may revoke a Certificate of Occupancy if complian ce is not ac hi eved within a reasonable time . Notice of suspension or revocation of a certificate of occupancy shall be ma il ed by certified mail, return receipt requested. A Certificate of Occupancy may be immediately revoked by the Chief Build ing Official or designee where additional non-compliance occurs after the certifi ca te ha s been suspended. The Board of Aldermen may hear appeals to the Chief Building Official's decision to revoke the certificate of occupancy when it is alleged that there was an erro r of law in his order, requirement, decision or determination . SECTION 7 CEASE AND DESIST ORDER Page 2 When the Town determines that there has been non-compliance with any material term, condition or requirement of this Code , the Town may order any person having a proprietary interest in the property or any person engaged in the development or construction on the property to cease and desist from engaging in any further development or construction activities on the site . The Cease and Des ist Ord e r sh all be in writing and shall be posted on the site . The order shall specificall y state the nature of the non-compliance and the acts prohibited Article XV . Enforcement February 16 . 1998 Town of Westlake Unified Development Code The Town may bring suit in a court of competent jurisdiction to restrain and enjoin any person attempting or allowing development or construction without a permit or other authorization or who fails to cease and desist from further development or construction after notice of a Cease and Desist Order has been posted in accordance with this Article . When the Town determines that there has been non-compliance with this Code which constitutes a health or safety hazard, a Cease and Desist Order shall be issued and shall remain in effect until there has been compliance with this Code. This Article shall not override the County Health Director or designee's ability to suspend, or reinstate food or child care permits in conformance with state and federal laws . SECTION 8 APPEAL OF CEASE AND DESIST ORDER, REVCCA TION OR SUSPENSION 8.1 Appeal Process Appeal of a Cease and Desist Order, suspension o r revocation may be made to the Board of Aldermen or the appropriate board, by any person aggrieved, by giving written notice no later than three (3) days after the Cease and Desist Order is posted, or notice of the suspension or revocation is received. The notice shall state : A . The name and address of the person making th e a ppeal; B. The facts surrounding of particular appeal; C . The nature of the Cease and Desist Order, susp e ns ion or revocation; and D. The reasons why the ruling should be set aside . E. The Board of Aldermen or appropriate board sha ll hea r the appeal at its next regularly scheduled meeting following receipt of t he notice of appeal provided that the appeal is received at least three (3) wo rking days prior to that meeting . The Board of Aldermen or appropriate board sh a ll either affirm or reverse the decision appealed no later than seven (7) days aft e r the close -of the hearing . F. An appeal brought under this section shall not stay the Cease and Desist Order, suspension or revocation . SECTION 9 CRIMINAL ENFORCEMENT February 16 . 1998 The violation of any of the provisions of th is Code shall be unlawful and shall constitute a misdemeanor. Each day that the violat io n continues shall constitute a distinct and separate violation offense . Any criminal violation of this Code may result in a fi ne in an amount not to exceed $2,000 .00 per offense . Nothing in this secti6n shall limit in any manne· the authority of the Town to seek any injun ctive or other civil relief available unde r th e law s of the State of Texas . Article XV. Enforcement Page 3 Town of Westlake Unified Development Code SECTION 10 CIVIL REMEDIES Page 4 10.1 General If any building, structure, or land is used, constructed, maintained, repaired or altered, or any development is undertaken in violation of this Code, including failure to comply with the landscape requirements, the Town may institute any appropriate action to prevent, restrain, correct or abate the violation authorized by the State of Texas, including but not limited to the following : A. To impose a civil penalty, not to exceed $2,000 a day, for the kinds of violations enumerated in Texas Local Government Code 54 .012; B. To enjoin violations or threatened violations of Article XIII "Subdivisions" of this Code relating to the subdivision of land . C. To recover damages from the owner of a tract of land in violation of Article XIII "Subdivisions" of this Code in an amount adequate for the Town to undertake any construction or other activity to bring about compliance with such regulation . The imposition of any penalty shall not preclude the Town from instituting any other appropriate action to require compliance with this Code and with administrative orders and determinations made pursuant to this Code . Article XV. Enforcement February 16 . 1998 SECTION 1 SECTION 2 ARTICLE XVI. DEFINITIONS Town of Westlake Unified Development Code USAGE ...................................................................................... 1 WORDS AND TERMS DEFINED .................................................... 1 December 13, 2004 Article XVI. Definitions ARTICLE XVI. DEFINITIONS SECTION 1 USAGE Town of Westlake Unified Development Code • For the purpose of these regulations , certain numbers , abbreviations, terms , and words shall be used, interpreted and defined as set forth in this Article . • Unless the context clearly indicates to the contrary , words used in the present tense include the future tense and words used in the plural include the singular. • The word shall wherever used in this Article wil l be interpreted in its mandatory sense ; the word may shall be deemed as permissive. • The word building includes the work structure , the word lot also means plot or tract. SECTION 2 WORDS AND TERMS DEFINED Abandonment. The relinquishment of property, or a cessation of the use of property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property . Accessory Building . A permanent or portable structure on the same lot with , and of a nature incidental and subordinate to, the use of the principal structure . Accessory Use . A use which is clearly incidental to the use of the principal building or main use of the property. Addition. One lot, tract or parcel of land lying within the corporate boundaries of the Town which is intended for the purpose of development. Advertise . The act of directing attention . Advertising searchlight. An outdoor advertising de"'.ice used to direct beams of light upward . Alley . A public way less in size than a street which affords only a secondary means of access to abutting property, and not intended for general travel. Amending Plat. A revised plat correcting errors or making minor changes to the original recorded final plat as defined in Tex. Loe . Government Code Ann . 212 .016 . Amenity. An improvement providing an aesthetic , recreational or other benefit. Banner sign . Any advertising device composed primarily of cloth , paper, fabric , or other similar non rigid material, supported by wire , rope , or similar means, displayed on private property, not including decorative streamers with no lettering thereon. National and state flags and banners not used for commercial purposes when located wholly on private property shall not be considered as signs for the purposes of this Ordinance . Base Flood Elevation. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood shall be determined by using a fully developed watershed and the criteria for a 100 year storm . · December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code Building Line. A line established, in general , parallel to the front curb line or edge of pavement, between which and the front curb line or edge of pavement no part of a building shall project, except as otherwise provided in this ordinance . Building Pad. The actual foundation area of a building and reasonable area around the foundation necessary for construction and grade transitions . Building Permit. An official document or certificate issued by the Town of Westlake authorizing erection, construction , renovation , maintenance, or any other special activity on any building or structure , or on any installations or facilities therein . The term build ing permit shall include but not be limited to building permits, electrical permits , mechanic permits and plumbing permits . Building, Principal . A non-accessory building in which a principal use of the lot on which it is located is conducted . All residential uses , except bona fide servants ' quarters , shall be deemed principal uses . Caliper. The diameter of a tree trunk or the cumulative diameters of a multi-trunked tree . The tree caliper for existing trees is measured 4.5 feet above the ground . The tree caliper for replacement trees is measured 12 inches from the ground . The caliper of a multi-trunk tree shall be determined by adding the total diameter of the largest trunk to 1/2 the diameter of each additional trunk . December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code Capital Improvements Program . A proposed schedule of future capital improvement projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Changeable Copy Sign . A sign specifically designed for periodic changes in its advertising message , i.e ., reader boards , theater marquees , and billboard signs. Chief Building Official . Shall mean the Town Enginee r or his designee who is the administrative official responsible for issuing permits and enforcing the building codes of the Town . .Qfil:. The Town of Westlake . Commercial. Commercial uses or districts are defined as including either office or retail uses , or both . Commission . The Planning and Zoning Commission of the Town of Westlake . Comprehensive Plan . The Comprehensive Plan of the Town and adjoining areas recommended by the Planning and Zoning Commission and approved by the Board of Aldermen , as may be amended from time to time . Concept Plan . A plan for development which enables the Town to evaluate major impacts of a proposed zoning district or a planned development district. Contiguous . Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot. County. Tarrant County or Denton County , as the case may be . Court. An open , unoccupied space bounded on more than one side by the walls of a building or buildings and used as a primary means of access to all or any part of said buildings . Critical Root Zone . The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line . Customarily Incidental Use . A use of a building or premises , not involving the conduct of a business , which use is only secondary to the principal use and is indispensably necessary to the enjoyment of the premises for any of the principal uses permitted within a zoning district. Cut/Fill. Areas where the natural ground level has been excavated (cut) to a depth of 4 inches or greater or earth -deposited (fill) to a depth of 4 inches or greater. Cut-Off, Eighty Degree (80%) A fixture that allows no emission above a horizontal plane through the fixture . December 13 , 2004 Article XVI. Defin itions Town of Westlake Unified Development Code Dwelling . A building or portion thereof which is arranged , occupied or intended for residential use , including facilities for food preparation , sleeping , and bathroom(s), occupied by not more than one family . Dwelling, Attached . A dwelling which is joined to another dwelling at one or more sides by a partial wall or walls. Dwelling, Detached . A dwelling which is entirely surrounded by open space on its building lot. Dwelling, Multiple. A building used or designed as a residence for three or more families or households living independently of each other. Dwelling, Two Family . A detached building having separate accommodations for and occupied as , or to be occupied as, a dwelling for only two families . Easement. An interest in the real property of another which is the dominant estate and is a right to use the real property for the purposes specified therein . Educational Institution . Elementary , junior high , high schools , junior colleges , colleges or universities or other schools giving general academic instruction in the several branches of learning and study required by the State of Texas. Electric Sign . Any sign which utilizes electricity in its operation . Engineer. A person duly authorized under the provisions of the Texas Engineering Registration Acts , heretofore or hereafter amended , to practice the profession of engineering. Erect. To construct, build , raise, assemble , emplace, affix , attach, create, paint, draw or in any other way bring into being or establish . Escrow. A deposit of cash with the Town in accordance with Town pol icies . Exterior Sign . Any sign that is visible from a public street or roadway or parking lot. Facade . The front facing wall of a building and shall include any special architectural features . The term facade shall not include any lateral extension of the front building wall to create a larger facing area , and it shall not include any roofing area designed to weatherize the interior of the structure. Family . An individual or two or more persons related by blood , marriage or adoption ; or a group of not more than five persons , excluding servants , who need not be related by blood or marriage , living in a dwelling unit. FAR (Floor Area Ratio). The amount of enclosed square feet in buildings on a site , divided by the lot area in square feet. Below grade parking structures are excluded in calculating density. The ratio of the sum total floor area to the ne t land area . The ratio is computed by dividing the floor area by the land area and multiply ing by one hundred (100) to read as a percentage. Fence . A masonry wall or a barrier composed of posts connected by boards , rails , panels or wire for the purpose of enclosing space or separating parcels of land . The term Fence does not include retaining walls . December 13 , 2004 Article XVI. Definitions Town of Westlake Unified Development Code Final Plat. The map of a subdivision or addition to be recorded after approval by the Board of Aldermen and any accompanying material and additional requirements as described in these regulations . Fixture. The assembly that holds the lamp in a lighting system . It includes the elements designed to give light output control , such as a reflector (mirror) or detractor (lens), the ballast, housing and attachment parts . Flooding . A general and temporary condition of partial or complete inundation of normally dry land areas from : (1) the overflow of inland or tidal waters ; or (2) the unusual and rapid accumulation or runoff of surface waters from any source . Flood . A general and temporary condition of partial or complete inundation , by water or mud , of lands not normally inundated and that are used or usable by man . Flood, Fittv-Year. A flood having an average frequency of occurrence of once in fifty (50) years although such flood may occur in any year. A fifty-year flood is determined by statistical analysis of stream flow records , and rainfall and run-off characteristics in the watershed . Flood, Intermediate Regional . A flood having an average frequency of occurrence of once every one hundred (100) years although such flood may occur in any year. An intermediate regional flood is determined by statistical analysis of stream flow records , and rainfall and run-off characteristics in the watershed . May also be referred to as "One Hundred Year Flood ." Floodplain . Land which has a history of flood or is subject to recurrent flooding as determined by the US Army Corps of Eng i neers or the Town of Westlake. It is defined by the 100 year floodplain. Floor Area . The sum total of the area of all floors of all buildings on the unified development site measured between the outer perimeter walls of the buildings , provided that space in a building or structure used for parking of motor vehicles shall not be computed in the floor area . Courts or balconies open to the sky and roofs which are utilized for recreation , etc. shall not be counted in the floor area but shall be part of the recreation space . Foot-Candle. A unit of illuminant amounting to one lumen per square foot. Frontage . All the property abutting on one (1) side of a street between two (2) intersecting streets , measured along the street line . Fully Shielded. A luminary constructed or shielded in such a manner that all light emitted by the luminary either directly from the lamp or indirectly from the luminary , is projected below the horizontal plane through the luminary's lowe st light em itting part as determined by photometric test or certified by the manufacturer. Garage, Private . An accessory building , either attached or detached , designed or used for storage of not more than three motor vehicles or trailers in residential d istricts . Such vehicles must be owned and used by occupants of the buildings to whi ch it is accessory. Glare. Direct lighting emitted from a luminary that causes reduced vision or temporary blindness . Glass Sign . Any sign having letters or designs pa inted , stamped or applied on glass , or meta l tracery of letters or des igns filled with glass , or metallic surfaces e nameled with glass or vitreous substance . December 13 , 2004 Article XVI. Defin itions Town of Westlake Unified Development Code Grade . The average level of the finished surface of the ground adjoining a building . Gross Floor Area . When applied to a bu ild ing , the area in square feet measured by taking outside dimensions of the building at each floor , exclud ing however, the floor area of basements or attics when not occupied or used and any areas w i th in the building used for off-street parking . Halogen Lamp . Also known as tungste n-ha logen , is a specialized type of incandescent lamp which has a significantly hotter filament than conventional incandescent lights . Rather than filling the bulb with an inert gas , the halogen bulbs use a highly reactive element. The resulting reaction P,roduces a significantly brighter light and at extremely high temperatures . Hand-Carried Sign . Any picket, poster, sandwich sign , or other advertising or message carrying device which is carried on one ' s person . 1 L • H" t.<CA(f", ~~·'-o~ -$~ ?.St.Aou:1]""a trl-(G-Mf High Pressure Sodium (HPS). A high intensity discha rge lamp where radiation is produced from sodium vapor at relatively high partial pressures (100 tore). HPS is essentially point source light. Highway Control Zone . An area on either side of any federal aid primary system , which is with in s ix hundred and sixty (660) feet of the nearest edge of the right-of-way of said highway , and as to outdoor advertising , to be within the highway contro l zone , the advertis ing materia l must be visible from the main traveled way of said highway. Home Occupation . Any occupation or activity which is clearly incidental and secondary to the use of premises for dwelling purposes , is carried on w ithin the dwell ing , and is not detrimental or injurious to the economic or aesthetic value of adjo ining property . Horizontal Plane. A line horizontal to the lowest point on the fixture from which light is emitted . Hospital . An institution in which there are complete fac ilities for diagnosis , treatment, surgery , laboratory , X-ray , nursing , and the prolonged med ical care of bed patients . Hotel . One (1) or more bu il dings containing individua l living or sleeping units specially designed as temporary quarters for trans ient guests , including provisions fo r meals and personal services . A hotel includes a motel. IESNA. Illuminating Eng ineering Society of North Ameri ca . Improvement Agreement. A contract entered into by the develope r and the Town by which the developer promises to complete the required public improvements within the subd ivis ion or addition w ithin a specified t ime period following final plat approva l. Also referred to as "Developer Agreement" or "Subdivision Improvement Agreement." Incandescent Lamp. Any lamp that produces light by heating a fi lament through use of an electric current. Interior Sign . Any sign on the eXterio r wall of a bu ild ing that is not v isible from a public street or roadway or parking lot. Landowner. The term landowner shal l include any person having the right of possess ion of rea l property . If that person is a corporate entity , the term landowner includes the executive officer of the corporat ion . The term owner may be used interchangeably here in with the te rm landowne r when it refers to the right of possession of real property . December 13 , 2004 Article XVI. Defin itions Town of Westlake Unified Development Code Light Source. A device (such as a lamp) which produces visible energy as distinguished from devices or bodies which reflect or transmit light such as a luminary. Light Trespass. Light from an artificial light source that is intruding into an area where it is not wanted or does not belong . Limits of Construction . A delineation on the graphic exhibit which shows the boundary of the area within which all construction activity will occur. Lot. A tract, plot or portion of a subdivision , addition or other parcel of land occupied or to be occupied by a building and its accessory buildings , and including such open spaces as are required under this ordinance and other development regulations , and having its principal frontage upon a public street or officially approved place . Lot includes the words Plot, Parcel , and Premises. Lot Area . That area of a horizontal plane bounded by the front, side and rear lot lines of a building lot, including any portion of an easement which may exist within such property lines , exclusive of rights-of-way for street purposes. Lot, Corner. A building lot situated at the intersection of two streets , the interior angle of such intersection not exceeding one hundred thirty five (135) degrees. Lot Depth . The length of a line connecting the mid-point of the front and rear lot lines. Lot, Double Frontage . A building lot not a corner lot which adjoins two streets which are opposite each other and which are parallel or within forty-five (45) degrees of being parallel to each other. On a double frontage lot, both street lines shall be deemed front lot lines , except as otherwise provided herein . Lot, Interior . A building lot other than a corner lot. Lot Line . A boundary of a building lot. Lot Line, Front. That boundary of a building lot which is the line of an existing or dedicated street. The owner of a corner lot may select either street as the front lot line . Lot Line, Rear. That boundary of a building lot which is most distant from the front lot line and which is most nearly parallel with the front lot line . Lot Line, Side . That boundary of a building lot which is not a front lot line and not a rear lot line . Lot Of Record . An area of land designated as a lot on a plat of a subdivision recorded pursuant to statute with the County Clerk of Tarrant County or Denton County , Texas . Lot, Reverse Corner . A corner lot , the rear lot line of which abuts the side lot line of the lot to its rear. Lot Width . The length of a line , drawn perpendicular to the lot depth line at its point of intersection with the front yard line , connecting the side lot lines . December 13, 2004 Article XVI . Definitions Town of Westlake Unified Development Code Low Pressure Sodium (LPS). A discharge lamp where the light is produced by rad iation from sodium vapor at a relatively low partial pressure (about 0.001 tore). LPS is a "tube source" monochromatic light. Luminary . A device or fixture containing a light source and means for directing and controlling the distribution of light from the source . Luminance. The physical quantity corresponding to the brightness of a surface (e .g . lamp , luminary , sky , or reflecting material) in a specified direction . It is the luminous intensity of an area of the surface divided by that area . The u nit is a cande la per square meter. Maintain . To allow to continue or exist. Maintenance. The act of periodic repa ir. Masonry Construction . Masonry Construction includes exterior walls constructed of brick , stone , cast stone , concrete , glass block or other approved masonry materials and shall be constructed in accordance with the Westlake Build ing Code, but in no case shall brick be less than three inches in thickness nor shall stone , concrete, concrete block or other approved masonry be less than three and five-eighths inches in thickness when applied as a veneer. Non-Masonry shall mean an exterior material other than masonry and shall be of a quality as herein specified or its equivalen t: Textured Surface Plywood shall be manufactured according to specialty sid ings with special surface treatment such as V-groove , channel groov e, striated , brushed , rough sawn, and shall comply with specifications for 303 specialty siding , as published by the American Plywood Association . The grade mark shall iden t ify the species group , the allowable stud spacing , and shall be that of a recognized testing agency acceptable to the Town of Westlake . Other Plywood shall be a minimum of 3/8 inches thick and shall be grade marked as exterior type and as medium density overlay siding as manufactured under US Product Standard PS -1-66 . Grade mark shall identify the species group and shall be that of a recognized testing agency acceptable to the Town of Westlake . Hardboard shall be a minimum of 3/8 inch th ick and shall be of a rack , impact, and a pa inting surface quality equivalent to 3/8 inch masonite exterior siding , back-sealed and face-primed on both s ides . Hardboard shall conform to commercial standard CS-251-63 for hardboard , and shall be identified as to classification . · Other materials : The Town Engineer is authorized to permit the use of materials other than those specifically named above , when proven to him to be equivalent and provided they comply w ith the Westlake Bu ilding Code . Equivalency shall be based on the structural qualit ies of t he material , using testing procedures set forth in American Society for Testing and Materials Standard Methods of Conducting Strength Tests of Panels for Building Construction , E-72 . At least three 8 fx8f racking specimens shall be tested . Average m inimum load shall be at least 5,200 pounds . At a load of 1,200 pounds , the average total deflection shall be not more than 0.2 , and residual deflection not more than 0.1. At a load of 2 , 400 pounds , the average total deflection shall not be more than 0.6 , and residual deflection not more than 0 .3. The average of three specimens subjected to impact loads as prescribed in E-72 , shall sustain a drop height of 20 or more . December 13 , 2004 Article XVI. Definitions Town of Westlake Unified Development Code Equivalency shall also be based upon surface finishing and shall be as durable as 303 siding stained surfaces as that of painted medium density overlay surfaces . All finishes shall be applied as recommended by the manufacturer. Plywood commonly known a s AC plywood will be prohibited for exterior use. Particle board will be classified as plywood and will be required to meet the equivalency tests for wood . Mayor. The Mayor of the Town of Westlake . Mercury Lamp . A high intensity discharge lamp where light is produced by radiation from mercury vapor . Metal Halide Lamp. A high intensity discharge lamp where light is produced by radiation from metal halide vapor. Minor Plat. A plat involving not more than four lots fronting on an existing street, which does not require the creation of any new street or extension of municipal fac ilities and which meets the requirements of Article XIII , Section 2 .7 of these regulations . Mobile Advertising . Any visual advertising device placed on a me rchandising rack , stand or cart, or on a vehicle or trailer , which vehicle or trailer is used primarily for transporting persons or goods other than the outdoor advertising device . Motel . A building or group buildings designed , arranged or used for temporary occupancy having accommodations for housing or parking of automobiles in close proximity to the quarters occupied by the owner of such automobile and providing for five or more such quarters. The term Motel shall include all establishments coming under the general classification of Drive-In Hotel , Tourist Court, and any other such establishment that houses visiting transient clientele. Municipal Facility . An improvement owned and maintained by the Town. Municipal/Public Domain Property . Examples of this would include Town Hall , public parks , public open space corridors , Corps of Engineers property , State of Texas R.O .W ., library , fire stations , water tower sites or similar properties . Mutual Access Easement. An officially approved , privately maintained drive , constructed to Town street standards , open to unrestricted and irrevocable public access , serving two or more lots as their primarY' means of access . Non..conforming Use . Any use of land which was lawfully in existence , and/or occupied at the time the regulation is prescribed in the ordinance or an amendment thereto becomes effective and does not then meet the requirements of said regulations . Non-essential Lighting . Lighting that is not required to insure the security , safety and the general welfare of the public and the premises . Off-Premise Sign . Any outdoor advertis ing device directing attention to any business , product, service or activity not offered , sold or conducted upon the same premises where such advertising is located . December 13 , 2004 Article XVI. Definitions Town of Westlake Unified Development Code Off-Site Improvement. Improvements required to be made either outside of the lot lines of the lot in question but within the property that is the subject of a development application , or improvements required on an area not located on the property that is the subject of a development which are required to be made as a result of an application for development and including, but not limited to , road widening and upgrading , storm water facilities , and traffic improvements . On-Premise Sign . Any outdoor advertising device pertaining to an activity , product, or business conducted or sold at the location on wh ich the sign is located . On-site Sewerage Facilities . Facilities acceptable to the Texas Natural Resources Conservation Commission and other regulatory agencies having jurisdiction over the treatment and disposal of wastewater on an individual lot and which do not require a waste d ischarge permit. On-site sewerage facilities includes septic tanks , treatment tanks , drain fields , absorption beds , evapotranspiration beds and alternative treatment systems . Open Space, Common Open Space, Permanent Open Space . Open Space is that land area which is relatively free of man-made structures , where water bodies , land forms , and vegetation predominate ; Common Open Space is that open space which is owned , used , or operated and maintained for the common benefit of the inhabitants of a development; Permanent Open Space is that open space land wh ich is legally restricted to pa rk, floodplain , or other open space usage; or which is publicly owned and utilized as open space. Open Space Plan . The Town's Open Space Plan , as adopted by the Board of Aldermen, and as amended from time to time . Outdoor Advertising . Any means of visual advertising located outdoors , set, placed or affixed to a structure , post or real estate , to include , but not limited to signs , temporary mobile signs, private directional signs , regardless of the content of the message or wording thereon , billboards , and posters . Political signs , except as expressly provided herein , mobile advertising , hand-carried signs , and vending machine signs , shall not be considered outdoor advertising for purposes of this 0 rdinance . Parking Space . A surfaced area , enclosed or unenclosed sufficient in size to store one automobile , with a surfaced driveway connecting the parking space with the street or alley , and permitting ingress and egress of an automobile . Partially Shielded. Shielding so that the lower edge of the shield is at or below a centerline of the light source or lamp so as to minimize light transmission above the horizontal plane , or at least 90% of the emitted light projects bel ow the horizontal plane as evidenced by the manufacturer's photometric data . Performance Bond; and/or Surety Bond . Bond required to ensure the completion of a development project under Texas Local Government Code Section 212 .073 . Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be platted . Photometric . Quantitative measurements of light levels and distribution. Place . An open , unoccupied area , other than a street, including a court, arcade , mall , or parking area that is permanently reserved as the principal means of access to all or any part of any buildings or structures situated on the same lo t. December 13 , 2004 Article XVI. Definitions Town of Westlake Unified Development Code Planning and Zoning Commission . The agency appointed by the Board of Aldermen as a recommend ing body to it relative to zoning and planning matters and the physical development of the Town and its environs . Pole Sign . Any free-standing , permanent, on-premise sign supported from the ground up by upright structura l members . Political Sign . Any device announcing or promoting the candidacy of one or more persons for elective publ ic office , or concerning any pol itical issue appearing or which is to appear on the ballot in any public election . Preliminary Plat. The preliminary drawing or drawings , described in these regulations , indicati ng the proposed manner or layout of the subdivision or add ition to be submitted to the Town for approva l. Private Directional Sign . A sign not erected by or under authority of any governmental agency , wh ich contains only information designed to direct pedestrian or vehicular traffic and which contains no advertising material or business name . Examples of private directiona l signs include signs bearing only the word entrance or exit, located on or near a p·arking lot. No sign which contains the name of a bus iness or activity , or any othe r advertising material , shall be considered a private directional sign , even though such sign may a lso contain the word entrance o r exit. A sign contain ing the word parking at any parking lot shall be considered an advertising sign , not a private directional sign . Programmed Electronic Displays . Any d isplay in wh ich lamps are used to give t ime , temperature , stock market or similar information or can be electronically programmed to deliver more than five (5) different messages . Property Owner. Any person , group of persons , firm or firms , corporation or corporations , or any other legal entity having lega l t itle to or sufficient proprietary interest in the land comprising the subdivision or addition , or any representative or agent thereto , who has express written authority to act on behalf of the owner. Protective Fencing . Snow fencing , chain link fence , barbed wire fence , orange vinyl construction fencing or othe r similar fencing with a four foot (4 ') approx imate he ight. Public Improvement. Any dra inage way , roadway , parkway , sidewalk , utility, pedestrian way , off- street parking area , lot improvement, open space , or other facility for which the Town or other governmental entity will ultimately assume the respons ibility for ma intenance and operation , or which may affect an improvement for which local government responsibility is established or that affects the health , safety or welfare of genera l publ ic. Record Drawings . Drawings that show , acco rding to the best construction records available , the location of all public utilities constructed to serve the subdivision . Recreational Area . An area devoted to facilities and equ ipment for recreational purposes , swimming pools , tennis courts , playgrounds , community clubhouses , and other similar uses . Remainder. The residual land left after platting of a portion of a tract. Decembe r 13 , 2004 Article XVI . Definitions Town of Westlake Unified Development Code Sign . Any device or surface on which letters , illustrations , designs , figures or symbols are painted , printed , stamped , ra ised , projected or in any manne r outlined or attached , and used for advertising purposes ; temporary mobile signs and private directional signs shall be conside red signs for purposes of this Ordinance , regardless of the content of the message or wording thereon . Political signs , except as expressly provided herein , mobile advertising , hand -carried s igns , vending machine signs shall not be considered signs for purposes of this Ord inance . Sign Permit. A permit issued under the authority of the Town to erect, move , structurally alter or structurally repair any specific billboard , s ign or other outdoor advertising , within the corporate limits of the Town . Sign Structure . Any portion of an advertising device inclusive of its supports , or any device solely designed for carry ing an advertising message . Single Pole Structure . A single pole structure shall mean any singular vertical structural member supporting a horizontal sign structural members or a sign . A single pole shall not be greater in d imension than twelve (12) inches , unless structura l design necessitates . Site Plan . A plan required as part of a planned development zoning ord inance . Also a plan that is required prior to obtaining a building permit in a standard zoning district. Sky Sign . Any sign supported or attached wholly or in part over or above any wall , building or structure . Spill Light. Light emitted by the lighting installation that falls outside the boundaries of the property on which the installation is sited . Story . That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it , then the space between the floor and the ce iling next above. Story, Half. A story under a gable , hip or gambrel roof, the wall plates of which are on at least two exterior walls not more than two feet above the floor of such story. Street. Any thoroughfare or public driveway , other than an alley , and more than twenty (20 ) feet in width , which has been dedicated or deeded to the public for publ ic use. Street Banner . Any commercial or non-commercial flag or banner hung or suspended over any pub lic street or public property . Street Improvement. Any street or thoroughfare , together with all appurtenances required by Town regulations to be provided with the street or thoroughfare , including but not limited to : sidewalks ; drainage facilities to be situated in th e right-of-way for the street or thoroughfare ; traffic control devices ; street lights ; and street signs , for which facilities the Town will ultimately assume the responsibility for maintenance and ope ration . Structural Alterations . Any change in the supporting members of a building , such as load bearing walls or partitions , columns , beams or girders , or a ny substantia l changes in the roofs or exterio r walls . Structurally Alter a Sign . To change the form , shape or size of an existing sign o r any supportive or bracing elements of said sign exclud ing temporary embellishments on a changeable copy s ign . December 13 , 2004 Article XVI. Defin itions Town of Westlake Unified Development Code Structurally Repair a Sign . The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign . Structure . Anything constructed or erected with a fixed location on the ground , or attached to something having a fixed location on the ground including , but not limited to , buildings , walls , fences , swimming pools , rad io towers , and porches , bu t not including driveways , sidewalks , or other facilities , the sole purpose of which is to provide customary access to any structure . Subdivider. Any person who (1) having an interest in land causes it, directly or indirectly , to be divided into a subdivision or platted as an addition or who (2) directly or indirectly, sells , leases , or develops , or offers to sell , leas e , or develop , or advertises to sell , lease , or develop , any interest, lot, parcel site , unit, or plat in a subd ivision or addition , or, who (3) engages directly or through an agent in the bus iness of selling , leas ing , developing , or offering for sale , lease , or development a subdivision or addition or any interest, lot, parcel site , unit or plat in a subdivision or addition , and who (4) is directly or ind irectly controlled by , or under direct or indirect common control with any of the forego i ng . Subdivision . The division of any tract or parcel of land into two or more lots for the purpose of, whether immediate o r future , offer, sale , o r lease or for the purpose of development. Subdivision also includes resubdivision . Subdivision also refers to the land to be so divided , as the context may indicate. Certain types of subdivision do not require approval by the Town of Westlake under the terms of Article XIII , Section 2 .1. Subdivision Improvement Agreement. See "Improvement Ag reement." Substandard Street. An existing street or highway tha t does not meet the min imum specifications in the Master Thoroughfare Plan and minimum standards and specifications , or if a state highway does not meet the minimum Standard Specifications of the Texas Department of Transportation and is not constructed to the ultimate extent for the type of roadway it is designated for in the Master Thoroughfare Plan . Surveyor. A Registered Professiona l Land Surveyo r licensed unde r the laws of the State of Texas. Swinging Sign . Any sign so hung or constructed that any part thereof can swing . Temporary Improvement. Improvements built and ma intained by an owner during construction of the development of the subdivision or addition and pr ior to release of the performance bond or improvements required for the short term use of the property . Temporary Mobile Sign . A freestanding and portable sign , not to be left in place more than thirty (30) days at one location ; th is definition includes signs attached to tra ilers which are not mobile advertis i ng as defined in Article X. Thicket. A collection of trees with one (1 ) inch or greate r caliper wh ich prov ide a contiguous canopy cove r. Thoroughfare Plan . The official plan fo r streets and thoroughfares for the Town of Westlake , including transportation goals and polic ies , functiona l street class ifications and t he t ransportation system d iagram , contained in the Town 's adopted Comprehens ive Plan . Town . The Town of Westlake , Texas , together w ith all its governing and operating bodies . December 13 , 2004 Article XVI. Definitions Town of Westlake Unified Development Code Town Attorney . The person appointed by the Board of Aldermen to serve as the municipa l attorney for the Town . Town Engineer. The person appo inted by the Board of Aldermen to perform the functions of Chief Bu ilding Official and /or engineer for the Town . Town Landscape Architect. The person appointed by the Board of Aldermen to be the du ly authorized Landscape Architect for the Town of Westlake . Town Planner. The person appointed by the Board of Aldermen to be the chief planning officer of the Town . Where the term is used in this Code , it will include the Town Planner's des ignee . Town Secretary . The person appointed by the Board of Aldermen to serve as the secretary of the Town . Town Transportation Planner/Engineer . The person appointed by the Board of Aldermen to serve as the duly authorized transportation planner/engineer of the Town of Westlake . Tree, Existing . Any self-supporting woody perennial plant which will attain a trunk diameter of three (3 ) inches or more when measured at a point 4 .5 feet above ground level and normally an overall height of at least twenty feet (20 ') at maturity , usually with one (1) main stem or trunk and many branches . It may appear to have seve ral stems o r trunks as in several varieties of oaks . Tree, Protected . A healthy specimen tree identified in the Town 's Landscape and Irrigation Standards which the Building Official has determined should be saved due to individual characteristics of the tree , and which is not identified as one of the fo ll ow ing species: A ilanthus Altiss ima (Tree of Heaven ) Al ibizz ia Julibrissen (M imosa) Maclura Pom ifera (Female Only) Bo is d'Arc Melia Azeoarach (Ch inaberry) Sal ix Nigra (Black Willow) Celtis Occidentalis Laevigata (Hackberry) Use . When applied to land or buildings , the purpose o r activity for w hi ch such land o r building thereon is designed , arranged or intended , or for which it is occupied or maintained . Utility Duct Bank . A container that is comprised of a number of sleeves of either similar or varying d iameter that when fitted togethe r and buried fo rms a continuous linear fac ility in which cables , wires , and fiber optics may be inserted to provide an integrated system , as designed and constructed in accordance with the Town 's Engineering Standards . Value Measurement, Maximum. Represents the measurement of light measured horizonta l to the ground , three feet from the ground and directly beneath the light source . Decembe r 13 , 2004 Art icle XVI . Defin itions APPENDIX Appendix A List of Approved PDs Appendix B List of Approved SUPs Town of Westlake Unified Development Code Appendix C Sample Landscape Plan/ Landscape and Irrigation Standards Appendix D Town's Approved Plant List Febru a ry 1 G. 19 98 App e ndi x r>age 1 Specific Use Permits I Applicant Use Requested Date Number Glenwyck Farms Gated community 03/08/1999 SUP-99-01 Approved 4/26/99 Stephen Thornton School 06/23/1999 SUP-99-02 Withdrawn WB Tx . Resort Comm Water well 08/29/2000 SUP-00-01 Approved 9/25/00 Fidelity Investments Water Well 09/01/2000 SUP-00-02 Approved 11 /14/00 Charla Connor Water Well 0910512000 SUP-00-03 Approved 11/14/00 I I WB Tx. Resort comm Water Well 02/20/2001 SUP-01-01 Approved 3/12/01 i Castlegate Homes Water Well 05/16/2001 SUP-01-02 Approved 6/25/01 1831 River Oaks I APPENDIX D -APPROVED PLANT LIST Town of Westlake Unified Development Code SECTION 1 GENERAL PLANT LIST ................................................................................ 1 SECTION 2 SPECIAL PLANT IST ................................................................................... 3 Appe ndi x D -Approved P la nt Li st Page 1 SECTON 1 GENERAL PLANT LIST COMMON NAME SHRUBS Glossy Abelia Century Plant lndigobush Amopha* Aucuba Texas Barberry (Mahonia)* Japanese Barberry Littleleaf Boxwood American Beautyberry• Flowering Quince Cotoneaster Elaeagnus Euonymus Japanese Fatsia Forsythia Red Yucca• Holly Juniper Crape Myrtle Texas Sage Wax Leaf Ligustrum Jap Ligustrum White Honeysuckle Bush* Mahonia Chinese Photinia Pittosporum Indian Hawthorn Azaleas Fragrant Sumac· Smooth Sumac· Spiraea Mountain Sage• Cleyera Viburnum Yucca· GROUND COVER Ajuga Artemesia' Horse herb' Frogfruit' Oklahoma Pm' Turk's Cap· Coralberry· Purple Wintercreeper English Ivy Lilyturf Honeysuckl e Monkey Grass Japanese Starjasmin e Bigleaf Periwinkl e Dwarf Periwinkl e Creeping Liriope SCIENTIFIC NAME Abelia grandiflora Agave Spp. Amorpha truticosa Aucuba japonica spp . Berberis (Mahonia) swaseyi Berberis thunbergii Buxus microphylla Callicarpa americana Chaenomeles lagnearia Cotoneaster spp . Elaeagnus pungens Euonymus spp. · Fatsia japonica Forsythia x intermedia Hesperaloe parviflora llex spp. Juniper spp . Lagerstroemia indica Leucophyllum frutescens Ligustrum japonicum Ligustrum lucidum Lonicera albiflora Mahonia spp. Photinia serrulata Pittosporum spp . Raphiolepis indica Rhododendron spp . Rhus aromatica Rhus glabra Spiraea spp. Salvia regla Ternstroemia gyrnnanthera Viburnum spp . Yucca spp . Ajuga reptans Artemesia ludovicana Calyptocarpis vialis Phyla nodinora Prunus gracilis Malvaviscus drummondii Symphoricarpus orbiculatus Euonymus fortunei coloratu s Hedera helix Liriope muscari spp . Lonicera japonica spp . Ophiopogon japonicum Trachelospermum as iati cum Vinca major Vinca minor Liriope spicata COMMON NAME VINES Crossvine• Trumpet Vine• Carolina Jessamine• Coral Honeysuckle* Virginia Creeper• Climbing Prairie Rose• Mountainrose Coralvine Wax Myrtle Nandina Fraser's Photinia Sweet Autumn Clematis English Ivy Japanese Creeper (Boston Ivy) Lady Banksia Rose Chinese Wistaria GRASSES Big Bluestem• Brushy Bluestem• App e ndix D -App roved Pl a nl Lis i Town of Westlake Unified Development Code SCIENTIFIC NAME Bignonia capreolata Campsis radicans Gelsemium sempervirens Lonicera sempervirens Parthenocissus quinquefolia Rosa setigera Antigonon leptopus Myrica cerifera Nandina domeslica spp. Photinia x fraseri Clematis panculata Hedera helix Parthenocissus tricuspidata Rosa banksiae Wistaria sinensis Andropogon gerardii Andropogon glomeratus APPENDIX D -APPROVED PLANT LIST SECTION 1 GENERAL PLANT LIST COMMON NAME TREES Texas Buckeye• Chittamwood• Catalpa•• Pecan• Hackberry· Leyland Cypress Common Persimmon• Green Ash" Texas Ash 0 r• Ginkgo Honey Locust• Eastern Red Cedar· Golden Rain Tree Sweetgum Southern Magnolia Chinaberry•• Eldarica Pine Chinese Pistache American Sycamore· Eastern Cottonwood"r" Escarpment Black Cherry Blackjack Oak" Bur Oak" Chinquapin Oak" Live Oak Post Oak" Shumard Red Oak• Texas Red Oak" Western Soapberry• Chinese Tallowtree Bald Cypress Cedar Elm' Lacebarl< Elm Foster Holly SCIENTIFIC NAME Aexculus arguta Bumelia lanug inosa Catalpa bignoniodes Carya illinoensis Cellis bignoniodes Cupressocyparis leylandi Diospyros virginiana Fraxinus pennsylvanica Fraxinus texenis Ginkgo biloba Gledilsia lriacanlhos Juniperus virgin iana Koelreuteria paniculata Llquidarnbar styraciflua Magnolia grandiflora Melia azedarach Pinus eldarica Pislacia chinensis Plalanus ocddentalis Populus deltoides Prrunus serolina eximia Quercus rnarilandica Quercus macrocarpa Quercus muhlenberg ii Quercus virginiana Quercus stellata Quercus shumardii Quercus texana Sapindus drummondii Sapium sebiferum Taxodium distichum Ulmus crassifolia Ulmus parvifolia ll ex xattenuata 'Fos teri' COMMON NAME ORNAMENTAL TREES Texas Redbud" Mexican Redbud• Oklahoma Redbud Desert Willow• Roughleaf Dogwood Dogwood Texas Persimmon• Russian Olive Yaupon Holly Golden Rain Tree Crape Myrtle Crabapple Wax Myrtle" Jerusalem Thom Mesquite• Carolina Cherry Laurel Purpleleaf Plum Mexican Plum• Flowering Peach Callery Pear cultivar Carolina Bucklhom• Flarneleaf Sumac• Pra iri e Flameleaf Sumac· Eve's Necklace• Mexican Buckeye• Rusty Blackhaw• l\ppcnd1x D · Appr o ved Pl ;i nt Li st Town of Westlake Unified Development Code SCIENTIFIC NAME Cercis canadensis var. Texensis Cerds canadensis var. Mexicana Cercis renifonnis var. Oklahoma Chilopsis linearis Comus drumrnondii Comus florida Diospyros texana Elaeagnus angustifolia llex vomitoria Koelreuteria paniculata Lagerstroemia indica Malus spp. Myrica cerifera Parl<insonia aculeata Prosopis glandulosa Prunus carolina Prunus cerasifera Prunus mexicana Prunus pers i ca Pyrus calleryana Rhamnus caroliniana Rhus copallina Rhus lanceolata Sophora affinis Ungnad ia spedosa Viburnum rufidulum • SECTION 2 SPECIAL PLANT LIST A. TOWN EDGE OPEN SPACE ZONES COMMON NAME SCIENTIFIC NAME 1. Primary tree species: (60% use) ' Shummard Red Oak" 'Bur Oak" ' Leyland Cypress 'Pines Quercus shummardii Quercus macrocorpa Cupressocyparis leylandii Pines spp . (use only in low ph sandy soils) 2 . Secondary tree species: (40% use) Cedar Elm· ' Live Oak ' Blackjack Oak· ' Texas Ash. ' Pecan· ' Sumac -Prairie Flamelear Desert Willow' Red Bud 3. Grass ' Buffalo Grass' Ulnus crassifolia Quercus virginiana Quercus marilandica Fraxinus texenis Carya illinoensis Rhus lanceolata Chilops is Linearis Cercis canadensis Buchlde dactyloires 4 . Wildflowers: Group Type "A" ' Texas Bluebonnet ' Indian Blanket ' Plains Coreopsis 'Lemon Min t ' Drummond Phlox ' Lance-Lea f Coreopsis/ Tick seed 'Cornnower ' Scarlet Flax ' Mexican Hat ' Purple Coneflowe r ' Ox-Eyed Daisy Lupinus texensis Gaillardia pulchella Coreops is tinctoria Monarda ci triodora Phlox drummondii Coreopsis lanceolata Centaurea cyanus Unum rubrvm Ratibida columnaris Echinacea purpurea Chrysanthemum leucanthemum • Black-Eyed Susan Rudbeckia hirta ' Splitbeard Bluestem· Andropogo n ternarius ' Sideoats Grama' Bouteloua curtipendula ' Inland Seaoats• Chasmanthium latifolium ' Common Bermuda Grass Cynodon dactylon ' Seep Muhly' Muhlenb ergia rev erchonii · Alamo Switch Grass· Panicum virga tum 'Alamo' · Little Blucstem (local)° Schiza chyrium scoparium · Lometa In dian Grass· Sorghastrum nutans · St Augu s tine · Eas tern Gama Grass· 'Lometa · Stenolaphrum sccu nd a tum var Ralcig/1 Trip sacum dactyloides Town of Westlake Unified Development Code B_ WESTLAKE BOULEVARD COMMON NAME SCIENTIFIC NAME 1. Primary tree species planted in loose groves (na tural tree grouping) on shoulders and medians: (60% use) 2 . 'Post Oak" 'Cedar Elm" ' Shurnmard Red Oak" ' American Sycamore• 'Red Bud" ' Possumhaw• Quercus stellata Ulnus crassfolia Quercus shummard ii Platanus occidental is Cercis canadensis llex decidua Secondary tree species planted in loose grooves (natural tree grouping) on shoulders and medians : (40% use) ' Texas Red Oak" 'Texas Ash 0 ' Eastern Cottonwood• · Bald Cypress ' Lacebarl< Elm ' Desert Willow• ' Yaupon Holly" ' Wax Myrtle· ' Prairie Flarneleaf Sumac• Quercus texana Fraxinus texe nis Populus delloide s Taxodium disl ich urn Ulnus parvifolia Chilopsis linearis llex vomitoria Myrica cerifera Rhus lanceolata 3. Grass 4 . ' Buffalo Grass· Wildflowers : Group Type "B" · Moss Verbena · Showy Primrose · Texas Paintbrush ' Johnny-Jump-Up ' Drummond Phlox Buchloe da ctyloires Verbena tenu1secta Oenothera specios a Castilleja indivisa Viola cornuta Phlox drumm on dii /\npcndix O -Approved Pl an t Lisi 3 Unified Development Code January 8 2018 Prepared by the Town of Westlake Planning and Development Department Town of Westlake, Texas Updated: January 8, 2018 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-1 Chapter 1 – General Provisions TABLE OF CONTENTS Chapter 1 – General Provisions Page Section 1 Title 1-2 Section 2 Authority 1-2 Section 3 Jurisdiction 1-2 Section 4 Purpose and Intent 1-2 Section 5 Effective Date and Applicability 1-3 Section 6 Applicability of Existing Regulations 1-3 Section 7 Relationship to Comprehensive Plan, Thoroughfare Plan, and Open Space Plan 1-4 Section 8 Compliance with Code Required 1-4 Section 9 Diagrams and Drawings 1-4 Section 10 Severability 1-4 Section 11 Building Regulations and Codes 1-5 Section 12 Departments and Boards Involved 1-6 Chapter 2 – Authority and Administrative Procedures Page Section 1 Governing Body 2-3 Section 2 Sequence of Review 2-3 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-2 Chapter 2 – Authority and Administrative Procedures Section 3 Boards, Commissions, Agencies/Appointment, Term, and Procedures 2-3 Section 4 Initiation of Administrative Procedures 2-4 Section 5 Submittal and Acceptance 2-4 Section 6 Authority to Initiate a Request 2-4 Section 7 Application Withdrawal 2-4 Section 8 Conduct of Public Hearings 2-5 Section 9 Planning and Zoning Commission Public Hearings 2-6 Section 10 Town Council Public Hearings 2-7 Section 11 Planning and Zoning Commission 2-10 Section 12 Zoning Board of Adjustment 2-11 Section 13 Town Planner 2-16 Section 14 Chief Building Official 2-17 Section 15 Procedure in Planning and Zoning Cases / Additional Information Submitted 2-17 Section 16 Computation of Time 2-17 Section 17 Town Manager 2-18 Section 18 Town Council not to Interfere in Appointments 2-18 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-3 Chapter 3 - Definitions Chapter 3 - Definitions Page Section 1 3-2 A 3-2 B 3-6 C 3-8 D 3-12 E-F 3-18 G-H 3-22 I-L 3-26 M-O 3-29 P-R 3-35 S 3-43 T 3-49 U-Z 3-52 Chapter 4 – Comprehensive Plan Page Section 1 Generally 4-2 Section 2 Purpose 4-2 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-4 Chapter 5 – Zoning Districts Section 3 Applicability 4-3 Section 4 Thoroughfares 4-4 Section 5 Parks, Open Space and Trails 4-8 Section 6 Town Design 4-11 Section 7 Town Facilities 4-14 Section 8 Storm Water Conservation 4-17 Chapter 5 – Zoning Districts Page Section 1 Zoning Map 5-2 Section 2 District Boundaries Rules 5-3 Section 3 Zoning Districts Established 5-3 Section 4 Zoning District Standards 5-4 Section 5 Regulations Applicable to All Districts 5-9 Section 6 Zoning Upon Annexation 5-9 Chapter 6 – Permissible Uses Page Section 1 Land Use Schedule 6-2 Section 2 Accessory Uses and Structures 6-7 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-5 Chapter 7 – Development Standards Section 3 Specific Use Permits (SUP) 6-7 Section 4 Floodplain Areas 6-9 Section 5 Wireless Communications Facilities 6-10 Section 6 Temporary Structures 6-18 Section 7 Farms Animals and Horses 6-18 Section 8 Servants/Caretakers Quarters 6-22 Section 9 Temporary Accommodations 6-22 Section 10 Utility Distribution Lines 6-22 Section 11 Access to Roadways 6-22 Section 12 New and Unlisted Uses 6-22 Section 13 Private Water Wells 6-23 Section 14 Wind Turbines 6-23 Section 15 Alcoholic Beverages 6-23 Section 16 Amusement and Entertainment 6-26 Chapter 7 – Development Standards Page Section 1 Generally 7-2 Section 2 Construction Site Conditions 7-5 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-6 Chapter 8 – Planned Development Districts Section 3 Solid Waste 7-6 Section 4 Residential Standards 7-6 Section 5 Residential Airpark District 7-8 Section 6 Commercial Districts 7-10 Section 7 Maximum Building Height 7-10 Section 8 Screening of Mechanical Equipment 7-12 Chapter 8 – Planned Development Districts Page Section 1 General Requirements 8-2 Section 2 Concept Plans 8-6 Section 3 Development Plans 8-10 Section 4 Site Plans 8-14 Section 5 Amendment of Plans 8-18 Section 6 Existing Planned Developments 8-18 Chapter 9 – Zoning Related Applications Page Section 1 Rezoning Applications 9-2 Section 2 Require Concept Plan (Non PD) 9-3 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-7 Chapter 10 – Parking and Loading Standards Section 3 Required Site Plan (Non PD) 9-4 Section 4 Amendments to Approved Applications 9-8 Section 5 Developer Agreements 9-8 Section 6 Zoning Ordinance Text Amendments 9-9 Section 7 Transfer of Development Intensity 9-10 Chapter 10 – Parking and Loading Standards Page Section 1 Purpose 10-2 Section 2 Applicability 10-2 Section 3 General Provisions 10-2 Section 4 Residential Parking 10-5 Section 5 Off-Street Parking Standards 10-6 Section 6 Handicapped Parking 10-12 Section 7 Off-Street Loading Requirements 10-14 Section 8 Parking Regulations 10-15 Chapter 11 – Outdoor Lighting Page Section 1 Purpose 11-2 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-8 Chapter 12 – Performance Standards Section 2 Applicability 11-2 Section 3 Outdoor Lighting Plan 11-2 Section 4 General Regulations 11-3 Section 5 Illumination 11-5 Section 6 Lighting of Parking and Loading Areas 11-6 Section 7 Nonresidential 11-6 Section 8 Residential 11-7 Section 9 Public Facilities 11-7 Section 10 Prohibited Lighting 11-7 Section 11 Exemptions 11-7 Section 12 Temporary Exemptions 11-8 Section 13 Nonconforming 11-9 Chapter 12 – Performance Standards Page Section 1 Purpose 12-2 Section 2 Applicability 12-2 Section 3 Noise 12-2 Section 4 Smoke and Particulate Matter 12-3 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-9 Chapter 13 - Landscape Section 5 Odorous Matter 12-4 Section 6 Toxic and Noxious Matter 12-4 Section 7 Vibration 12-4 Section 8 Fire or Explosive Hazard Material 12-5 Section 9 Air and Water Outlets at Gasoline Service Stations 12-5 Section 10 False Alarm Charges 12-5 Chapter 13 - Landscape Page Section 1 Purpose 13-2 Section 2 Procedures 13-2 Section 3 Development Standards 13-2 Section 4 Irrigation Requirements 13-23 Section 5 Completion Requirements 13-27 Section 6 Maintenance Requirements 13-27 Section 7 Drought Contingency Plan 13-27 Chapter 14 – Tree Preservation Page Section 1 Purpose 14-2 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-10 Chapter 15 - Pools Section 2 Applicability 14-2 Section 3 Tree Replacement 14-3 Section 4 Tree Protection 14-4 Section 5 Tree Pruning 14-8 Section 6 Tree Planting 14-8 Section 7 Tree Removal Permit Review and Approval Process 14-9 Section 8 Enforcement 14-11 Chapter 15 - Pools Page Section 1 State Regulations and Guidelines 15-2 Section 2 Pool and Spa Permits 15-2 Section 3 Review of Plans and Specifications 15-2 Section 4 Inspections 15-3 Section 5 Pool, Spa or Interactive Water Feature Closures 15-4 Section 6 Pool and Spa Records 15-4 Section 7 Suspension and Revocation of Permit 15-4 Section 8 Public Pool, Spa or Interactive Water Feature Operator Certification 15-6 Section 9 Designation of Health Authority 15-6 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-11 Chapter 16 – Sign Standards Chapter 16 – Sign Standards Page Section 1 Purpose 16-3 Section 2 Objective 16-3 Section 3 General Provisions 16-3 Section 4 Interpretation 16-3 Section 5 Health, Welfare, and Safety Signs 16-3 Section 6 Alarm Device Signs 16-4 Section 7 Construction Signs 16-4 Section 8 Temporary Real Estate Signs 16-4 Section 9 Temporary Business Signs 16-5 Section 10 Removal of Signs and Display Cases 16-6 Section 11 Time Limitation of Approved Applications 16-7 Section 12 Sign Design Standards 16-7 Section 13 Residential Districts 16-8 Section 14 Commercial Districts 16-9 Section 15 Prohibited Signs 16-11 Section 16 Stop Signs 16-13 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-12 Chapter 17 - Subdivisions Section 17 Traffic Signals 16-14 Section 18 Speed Limit Signs 16-15 Section 19 Function of the Town Council 16-16 Chapter 17 - Subdivisions Page Section 1 General Provisions 17-2 Section 2 Assurance for Completion and Maintenance of Improvements 17-5 Section 3 Public Improvements Generally 17-11 Section 4 Lot Design and Improvement Standards 17-13 Section 5 Water 17-15 Section 6 Wastewater 17-17 Section 7 Drainage 17-18 Section 8 Utilities 17-21 Section 9 Underground Utilities 17-22 Section 10 Open Space 17-24 Section 11 Park Land Dedication Requirements 17-27 Section 12 Public Land Requirements 17-30 Section 13 Participation Policies 17-31 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-13 Chapter 18 – Platting Procedures Chapter 18 – Platting Procedures Page Section 1 Application and General Requirements 18-2 Section 2 Coordination with Planned Residential Developments 18-2 Section 3 Statutory Procedure 18-3 Section 4 Pre-Platting Conference 18-4 Section 5 Preliminary Site Evaluation 18-4 Section 6 Final Plat Procedure 18-10 Section 7 Minor Plats 18-20 Section 8 Development Plats 18-20 Section 9 Conveyance Plats 18-22 Section 10 Non-Residential Plats 18-25 Section 11 Exceptions 18-26 Section 12 Amended Plats; Replat and Vacation of Plats 18-27 Chapter 19 – Roadway Standards Page Section 1 Purpose and Intent 19-2 Section 2 Streets and Thoroughfares 19-2 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-14 Chapter 20 – Floodplain Section 3 Types of Streets 19-4 Section 4 Roadway Design Standards 19-4 Section 5 Private Streets 19-6 Section 6 Street Names 19-9 Section 7 Exception for Street Exactions 19-10 Section 8 Traffic Impact Analysis 19-10 Section 9 Sidewalks and Bikeways 19-12 Chapter 20 – Floodplain Page Section 1 Statutory Authority 20-2 Section 2 Findings of Facts 20-2 Section 3 Purpose 20-2 Section 4 Applicability 20-3 Section 5 Methods of Reducing Flood Losses 20-3 Section 6 General Provisions 20-3 Section 7 Administration 20-4 Section 8 Permit Procedures 20-6 Section 9 Flood Hazard Reduction 20-7 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-15 Chapter 21 – Gas Well Drilling and Production Section 10 Variance Procedures 20-9 Section 11 Floodways 20-10 Chapter 21 – Gas Well Drilling and Production Page Section 1 Purpose 21-2 Section 2 Permitting 21-2 Section 3 Site Plan Requirements 21-8 Section 4 Gas Well Pad Sites 21-9 Section 5 Gas Well Finances 21-25 Section 6 Inspectors, Reports, and Advisors 21-29 Section 7 Maintenance, Abandonment, and Re-Working 21-32 Chapter 22 – Oil and Gas Pipeline Standards Page Section 1 Purpose 22-2 Section 2 General Requirements 22-2 Section 3 Permits 22-4 Section 4 Pipelines 22-8 Section 5 Additional Provisions 22-15 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-16 Chapter 23 - Enforcement Chapter 23 - Enforcement Page Section 1 Compliance Required 23-2 Section 2 Notice of Intent to Suspend or Revoke 23-2 Section 3 Suspension or Revocation of Permit 23-2 Section 4 Suspension or Revocation of Permit Condition by a Variance or Special Exception 23-2 Section 5 Suspension and Revocation of Site Plan, Specific Use Permit or Subdivisions Construction/Engineering Plan 23-3 Section 6 Suspension and Revocation of Certificate of Occupancy 23-3 Section 7 Cease and Desist Order 23-3 Section 8 Appeal of Cease and Desists Order, Revocation or Suspension 23-4 Section 9 Criminal Enforcement 23-4 Section 10 Civil Remedies 23-5 Section 11 Fees 23-5 Chapter 24 – Economic Development Page Section 1 Adoption of Tax Abatement 24-2 Section 2 Hearing 24-2 Section 3 Findings and Determinations 24-2 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-17 Chapter 25 – Engineering Standards Section 4 Reinvestment Zone 24-3 Chapter 25 – Engineering Standards Page Section 1 Generally 25-2 Section 2 Roadway Facilities 25-5 Section 3 Drainage Facilities 25-40 Section 4 Water Utility Facilities 25-54 Section 5 Wastewater Facilities 25-66 Section 6 Erosion Control 25-74 Section 7 Grading 25-78 Section 8 Utility Duct Bank Facilities 25-79 Section 9 Residential Lot Grading 25-88 Chapter 26 – ROW Management Page Section 1 General Provisions 26-2 Section 2 Right-of-Way Management 26-2 Section 3 Design Manual 26-21 Section 4 Exemption Process 26-37 Unified Development Code Table of Contents Town of Westlake January 8, 2018 i-18 Chapter 30 - Appendix Chapter 30 - Appendix Page Appendix A Developer Contacts 30-1 Appendix B Approved Planned Developments 30-3 Appendix C Approved Specific Use Permits 30-6 Appendix D Approved Plants List 30-8 Appendix E Title Block Formats 30-17 Appendix F Signature Blocks for Plats 30-20 Appendix G Owner’s Certificates Required on Plats 30-24 Appendix H Number of Copies and Sizes for Submittals 30-29 Appendix I Employee Organizational Chart 30-31 Development Snapshot December 2017 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 170 114 377 377 170 114 5 2 3 4 MAP GUIDE 1. Retail Corner 65,72,76,78 Andorra Drive 2. Terra Bella Residential Development 3. Carlyle Court Residential Development 4. Quail Hollow Residential Development 5. Granada Residential Development 6. Project Blizzard Mixed-Use Development 7. Schwab Corporate Campus Office Campus 8. Entrada Block E, I, & J Residential Townhomes 9. Fire/EMS Station Government Facility December 2017 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal Completed Building Site Plan Submitted Building Permit Submitted Under Construction 114 170 6 7 1 9 8 Development Activities Map Table Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete* Estimated Completion 1 Entrada Retail Corner Commercial 4 ~52,000 s.f. Retail Corner and Sales Office building permit issued [excludes tower] Tower must come back for Site Plan amendment due to redesign. 5% October 2018 2 Terra Bella Residential 28 54.7 acres 23/28 lots currently developed or under construction 71.43% N/A 3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 37.50% N/A 4 Quail Hollow Residential 98 188 acres Phase I, IIA, IIB infrastructure complete. Phase 3 improvements under review. Building permits expected soon. 0.00% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 33/41 lots currently developed or under construction. 69.51% N/A Granada Phase II 43 Phase II has 15/43 lots under construction. 15.12% Project Blizzard Mix-Use N/A 53 acres Civils plans approved for construction on Schwab Way N/A N/A 6 Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 1,420,000 s.f. total 33 acres Grading permit issued. Tunnels permit issued. Schwab has mobilized Vertical construction expected to begin in the winter. N/A N/A 7 8 Entrada Block J,I,&E Residential J: 6 units I: 12 units E: 3/12 units J: 3,226 sf ea I: 2,769 sf ea E: 4,500 sf ea Building permits issued for 3 lots on Block E. Block J & I are ready to issue. 3.26% N/A 9 Fire/EMS Station Government Use N/A 5-acre site Construction expected to begin December. 0% 2019 *% Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s ** Refer to Entrada Development Report for more info December, 2017 Case Number Type Location Description Current Status Resolution Status SP-9-15-17 Site Plan Entrada adjacent to restaurant ROW Site plan for wedding chapel and reception hall Awaiting final final DRC revisions and parking plan recommendations Compliance with DRC comments; Public hearing not scheduled Z-11-17-17 Rezoning Request (R5 to PD) Pearson Lane south of Aspen Lane Rezoning request for approximately 80 residential units on 40 acres currently zoned R5 Under DRC review Compliance with DRC comments; Public hearing not scheduled * Z-12-29-17 Rezoning Request (PD1-1 to PD) South side of Solana Blvd. west of Sam School Rd. Rezoning request for 59 residential units on 62.5 acres currently zoned PD1-1 Application under review. DRC pending Application under review Active Planning and Zoning Case Log - January 2018 * This is a new application that seeks approval of a modified concept plan. The orignal request was denied by Council under zoning case Z-06-19-17 on 11/27/2017. The applicant is the original applicant (Wilbow). Lots 7-8 Block E Block J Block I Block I (Piedra Court) SP | Ord 795 | 9-19-16 RP | Ord 794 | 9-19-16 BUILDING LEGEND Site Plan Submitted Site Plan Approved Building Permit Submitted Building Permit Issued Building CompletedGas Well Pad Site SP | Ord 778 | 3-28-16 Block K Block P Block M Block C Block H Block G Block F Block L Block A Block O Block D Primrose CVS Block N Amphitheatre SP | Ord 761 | 12-14-15 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16 Westlake Entrada Status Map - December, 2017 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract e. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Solana Public Improvement District’s Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance Town Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 8 – Council Recap / Staff Direction Town Council Item # 9 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Town Council Workshop/Meeting Monday, January 29, 2018*; 5:00/6:30 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Danish & Dialogue with Westlake Academy Leaders Thursday, February 1, 2018; 8:00 – 9:00 am WA Campus-Lee Fieldhouse Classroom -This month’s topic: TBA Northwest Metroport Chamber’s Annual Awards Gala Thursday, February 1, 2018; 6:00 – 9:00 pm The Speedway Club at Texas Motor Speedway -Reservations/tickets required; Please RSVP to Ginger as soon as possible if interested in attending Coffee & Conversation with the Mayor/Board President Monday, February 5, 2018; 8:00 – 9:30 am Marriott Solana Hotel – Great Room Board of Trustees Workshop/Meeting Monday, February 5, 2018*; 5:00/6:00 pm & 6:30 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Tarrant County Hazard Mitigation Action Plan (HazMAP) Update & Public Meeting Tuesday, February 6, 2018; 12:00 – 2:00 pm Northeast Tarrant County Courthouse, 645 Grapevine Highway, Hurst, TX 76054 - County, city, and emergency management officials are seeking citizen input and participation during this cooperative plan update in order to create more resilient and safer communities as natural hazards are becoming more frequent and damages costlier. Screenagers Movie Screening – Date Moved and TBD Originally scheduled for Wednesday, Feb.7, this informative documentary, hosted by WA and Mayor/Board President Laura Wheat, has been postponed due to theater scheduling. -Stay tuned for a new date and time coming soon; plans underway for a Spring screening. Public Art Competition Advisory Committee Meeting Monday, February 12, 2018*; 11:00 – 1:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Planning & Zoning Workshop/Meeting Monday, February 12, 2018*; 5:00 pm/6:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Westlake Academy Lottery Drawing for 2018-19 School Year Admissions Thursday, February 15, 2018; 5:00 – 6:00 pm WA Campus - MPH (Multi-Purpose Building) -Questions? Contact WA Registrar Town Council Item # 2 – Items of Community Interest Northeast Tarrant Transportation Summit – 9th Annual Friday, February 16, 2018; 8:00 am – 1:30 pm Hurst Conference Center, 1601 Campus Drive, Hurst, TX 76054 -Reservations/tickets required; Please RSVP to Ginger as soon as possible if interested in attending Westlake Municipal Offices & Westlake Academy are closed in observance of Presidents’ Day Monday, February 19, 2018 Texas Health-Alliance Community Workshop – Youth in Crisis: How Can You Help; Hosted by the Westlake Fire-EMS Department Wednesday, February 21, 2018; 9:00 am – 5:00 pm; at The Terrace in Solana – 1500 Solana Blvd., Building 4 - Roanoke Room (first floor meeting space), Westlake, 76262 -Free workshop, open to all community members (residents, businesses, WA parents, etc.) to help you discover how to recognize and help youth (ages 12-18) experiencing a mental health, addiction or personal crisis. For more info and to register, visit TexasHealth.org/Classes or call 1-877-847-9355. Town Council Workshop/Meeting Monday, February 26, 2018*; 5:00 pm/6:30 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Coming up in March… Westlake Academy’s 15th Annual 2018 Gallery Night; Hosted by the WA Foundation Saturday, March 3, 2018; 6:00 pm Texas Motor Speedway: benefit auction, dinner, live music, and dancing -For sponsorship and/or ticket information, visit the WAF website or call the Foundation’s office at 817-490-5722. *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 3 – Citizen Comments CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on December 11, 2017. b. Consider approval of the minutes from the meeting on January 8, 2018. c. Consider approval of Resolution 18-01, Appointing new members to the Public Art Competition Advisory Committee board. d. Consider approval of Resolution 18-02, Appointing a new member to the Historical Preservation Society board. e. Consider approval of Resolution 18-03, Authorizing the Town Manager to execute a lease with Frontier to utilize town owned telecommunications conduit (Ductbank) to serve the Quail Hollow Residential development. f. Consider approval of Resolution 18-04, Authorizing the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Westlake Fire-EMS Fire House 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. g. Consider approval of Resolution 18-05, Authorizing the Town Manager to enter into an agreement with Precision Landscape Management to provide Landscaping service for the center median and the east side of FM 1938/ Davis Boulevard and to the north of Dove Road. Town Council Item # 4 – Consent Agenda Town Council Minutes 12/11/17 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING December 11, 2017 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol Langdon, Rick Rennhack and Wayne Stoltenberg ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorneys Stan Lowry and Cathy Cunningham, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, and Director of Human Resources Todd Wood. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:03 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 12/11/17 Page 2 of 6 4. EXECUTIVE SESSION The Council did not convene into executive session The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 5. RECONVENE MEETING 6. DISCUSSION ITEMS a. Discussion of proposed Comprehensive Plan policy amendment regarding housing and the proposed building quality manual. Director Ruthven and Mr. Robin McCaffery, Mesa Planning, provided a presentation and overview of the proposed building quality manual. Discussion ensued regarding up-zoning, building and construction standards, how the architect utilizes the manual, requiring an architect to design homes over a certain square footage, requiring an architect review of all home plans with fees paid by the owner, landscaping design, the HOA’s Architectural Committee’s responsibility, structural verses ornamental designs, the application of the proposed ordinance, and comments received from the building community. b. Standing Item: Presentation and discussion of development projects per Staff report October and November 2017, Entrada report from the Developer and projects in Planned Development PD 3-5. Entrada: retail corner, sales office, tower elevations, final plaza design model, and residential construction. Charles Schwab: infrastructure and construction schedule. Quail Hollow: infrastructure construction. Traffic Signal Dove Road and Davis Boulevard: construction may begin in December if the ground water issues are resolved and the construction funding issue for the Southlake portion of FM 1938/Davis Boulevard at Randol Mill. Town Council Minutes 12/11/17 Page 3 of 6 7. COUNCIL RECAP / STAFF DIRECTION No additional direction provided. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 6:43 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:50 p.m. 2. ITEMS OF COMMUNITY INTEREST Assistant Town Manager DeGan provided an overview of upcoming events, including the winter quarterly averaging and the trash holiday schedule. 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on November 27, 2017. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 5. DISCUSSION AND CONSIDERATION OF RESOLUTION 17-45, APPROVING A PRELIMINARY ANNUAL SERVICE PLAN UPDATE – ASSESSMENT PART B, INCLUDING A PROPOSED ASSESSMENT ROLL; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLL WITH THE TOWN SECRETARY; CALLING AND NOTICING A PUBLIC HEARING TO CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN THE SOLANA PUBLIC IMPROVEMENT DISTRICT; DIRECTING THE TOWN STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. Town Council Minutes 12/11/17 Page 4 of 6 Mrs. Mary Petty and Mr. Abdi Yassin, MuniCap, provided an overview of the proposed Solana Annual Service Plan update. Discussion ensued regarding the parking garage, the amount of the levy, the developer’s investment, deferring collection to January 2019, amending the reimbursement agreement or creating a new agreement, and dates to be included in the Resolution. MOTION: Council Member Stoltenberg made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 6. EXECUTIVE SESSION The Council convened into executive session at 7:03 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 e. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Town Council Minutes 12/11/17 Page 5 of 6 Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract f. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Solana Public Improvement District’s Service and Assessment Plan g. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan h. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:58 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 17-46, amending the Town Manager’s Employment Agreement to include a 3% salary increase effective January 1, 2018 and amending Section 5 to allow for the accrual of five (5) weeks for vacation. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. 9. FUTURE AGENDA ITEMS Council Member Rennhack: Discussion of 10 Percent Planned Development PD-1 Coverage Requirement for Primary Buildings. Council Member Stoltenberg seconded the discussion request. Town Council Minutes 12/11/17 Page 6 of 6 10. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 10:01 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 29, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 01/08/18 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 8, 2018 PRESENT: Mayor Laura Wheat, Council Members: Michael Barrett, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards, Assistant Town Manager Amanda DeGan, Director of Finance Debbie Piper, Finance Clerk Marlene Rutledge, Director of Information Technology Jason Power, Network Administrator Duston McCready, Director of Facilities & Parks Troy Meyer, Director of Human Resources and Administrative Services Todd Wood, Director of Communications Ginger Awtry, and Communications Manager Jon Sasser. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:37 p.m. 2. DISCUSSION AND CONSIDERATION OF ORDINANCE 842, CALLING THE MAY 5, 2018, GENERAL ELECTION TO ELECT A MAYOR AND TWO COUNCIL MEMBERS FOR TWO (2) YEAR TERMS. DISCUSIÓN Y EL EXAMEN DE ORDENANZA 842, LLAMAR AL 05 DE MAYO DE 2018, ELECCIONES GENERALES PARA ELEGIR A UN ALCALDE Y DOS MIEMBROS DEL CONSEJO PARA PERÍODOS DE DOS 2 AÑOS. THẢO LUẬN VÀ XEM XÉT CỦA PHÁP LỆNH 842, KÊU GỌI CÁC THÁNG 5, NĂM 2018, CUỘC TỔNG TUYỂN CỬ ĐỂ BẦU THỊ TRƯỞNG VÀ HAI THÀNH VIÊN HỘI ĐỒNG CHO HAI (2) NĂM. Town Secretary Edwards provided an overview of the ordinance and clarified the revisions to Denton County’s election days and times. Town Council Minutes 01/08/18 Page 2 of 2 MOTION: Council Member Stoltenberg made a motion to approve Ordinance 842, Calling the May election. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 3. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 6:39 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 29, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Consideration of an Amendment to the Resolution Creating and Appointing a Public Art Competition Advisory Committee STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 19, 2017 Completion Date: On-going Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On February 27, 2017, after a lengthy process that included opportunity for public participation, the Town Council reviewed and adopted a new Public Art Plan. Staff has been working with the Town’s public art consultant to continue to form the committee and create actionable steps for the completion of the project. This Committee, the Westlake Public Art Competition Committee (WPACC) was appointed by the Town Council on June 19, 2017 and has been active since that time. Page 2 of 2 After having several meetings and getting its meeting schedule solidified, the Committee is now needing to fine tune its Council appointed membership. As such, the following changes are being recommended to the membership of the Committee. The first recommended change in Committee membership is the addition of Russell Tether and Robin McCaffrey to the Committee. They will replace Terry Oldham and Cheryl Vogel. When the original committee was appointed, it was not clear to staff that Mr. Tether and Mr. McCaffrey would be Committee members in addition to serving in a support capacity to the Committee. Thus, they were not on the original resolution appointing the WPACC. Terry Oldham cannot make the meetings and as such needs to step down. Cheryl Vogel must also step down due to increased commitments that her gallery requires. Mr. Tether needs to be designated as Committee Chair as he has been operating in that capacity and doing excellent work. The Committee believes this change in membership will help in achieving a quorum for meetings as well as continue to create an excellent balance of expertise to help with the placement of public art pieces in the community. RECOMMENDATION Recommend adoption of the amendment to the resolution creating this Public Art Competition Advisory Committee and establishing the Committee’s charge. ATTACHMENTS Resolution making these changes to the WPACC membership. Resolution 18-01 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPOINTING NEW MEMBERS TO THE PUBLIC ART COMPETITION ADVISORY COMMITTEE (COMMITTEE). WHEREAS, The Town of Westlake adopted a Public Art Plan via Resolution 17-09 on February 27, 2017, which calls for the creation of a Public Art Program of which this Public Art Competition Advisory Committee; is an important part, and WHEREAS, The Town of Westlake recognizes the importance of Public Art to Westlake’s economic development, preservation of value, and improving quality of life; and WHEREAS, The Town of Westlake welcomes the partnership that this committee and its membership will establish between the Westlake Public Arts Program and the larger Arts Community of the Dallas/ Ft. Region; and WHEREAS, The Town of Westlake seeks to build upon this partnership to establish a Public Arts Program that will promote new and rising talent and bring masterpiece art works to the Town; and WHEREAS, the Town of Westlake Town Council appointed the Westlake Public Art Competition Committee on June 19, 2017 by resolution, and needs to by resolution amend this membership to clarify the addition of two new members replacing two members who are stepping down; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby appoint the following individuals to become members of the Public Art Competition Advisory Committee. 1. Rebecca Lawton: Former Head Curator of the Amon Carter Museum, Ft. Worth 2. Judy Deaton: Head Curator of the Grace Museum, Abilene 3. Sue Canterbury: Associate Curator of American Art, Dallas Museum of Art, Dallas 4. Russell Tether, Russell Tether Fine Art, as Committee Chair (replaces Terry Oldham) 5. Barry Whistler: Owner of Barry Whistler Gallery, Dallas 6. Robin McCaffrey, MESA Planning (replaces Cheryl Vogel) Resolution 18-01 Page 2 of 2 7. Paloma Anoveros: Curator for The Charles Schwab Company and former Curator San Francisco Museum of Art, San Francisco 8. Katie Blair: Senior Design Manager, The Charles Schwab Corporation 9. Chris Worley: Owner of Chris Worley Fine Art SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29TH DAY OF JANUARY, 2018. _______________________________ Laura Wheat, Mayor ATTEST: ___________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Consider approval of a Resolution appointing a new member to the Historical Preservation Society. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Encourage Westlake's Unique Sense of Place Strategic Initiative Comprehensive Plan Project Review Time Line - Start Date: January 4, 2018 Completion Date: January 29, 2018 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Currently the WHPS has eight (8) members of a nine (9) member board with three (3) year terms. The board provided Ms. Morris’ application and recommends appointment to the board. RECOMMENDATION Appoint Ms. Morris to the board based on the board recommendation. ATTACHMENTS Application and Resolution Resolution 18-02 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD. WHEREAS, Currently, a vacancy exists on the Westlake Historical Preservation Society board; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; and WHEREAS, the Town Council finds that the proposed additional analysis benefits the public and is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as a member of the Westlake Historical Preservation Society board for the term noted below: Kimberly Morris - term expiring June 2018. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-02 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29th DAY OF OCTOBER 2018. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Consider a Resolution authorizing the Town Manager to execute a lease with Frontier Communications of Texas, to utilize Town owned telecommunications conduit (ductbank) to serve the Quail Hollow residential development. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Optimize Planning & Development Capabilities Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 29, 2018 Revenue Amount: $45,670 Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake owns and leases a series of telecommunications conduit, referred to as the Ductbank, which extends from the Solana Business complex to Westlake Academy, along FM 1938, and throughout various residential developments in Town. The Ductbank was envisioned as a way to provide telecommunications companies access to Town right-of-way without the need to dig, there by disrupting traffic, potentially damaging other buried utilities, expedite installation, and minimize inconvenience to property owners. The proposed lease will provide for the installation of fiber optic cable within the Town’s Ductbank throughout the development and along FM 1938 as with other recent ductbank Page 2 of 2 agreements approved by Town Council. Payment for the proposed lease will be $45,670 for the first 20-year term and an additional $45,670 for a 20-year extension of the lease. RECOMMENDATION Staff recommends approval of the Ductbank Lease with Frontier Communications of Texas. ATTACHMENTS Resolution Proposed DuctBank Lease with Frontier Communications of Texas. Resolution 18-03 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE WITH FRONTIER COMMUNICATIONS OF TEXAS TO UTILIZE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) TO SERVE THE QUAIL HOLLOW RESIDENTIAL DEVELOPMENT. WHEREAS, Frontier Communications of Texas, desires to utilize telecommunications conduit from the Town of Westlake to serve the Quail Hollow residential development; and WHEREAS, the Town Council find that the leasing of telecommunication ductbank conduit provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council authorize the Town Manager to execute a lease on behalf of the Town of Westlake; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the Lease with Frontier Communications of Texas, related to the use of ductbank within and adjacent to the Quail Hollow residential development to serve Quail Hollow, attached as Exhibit “A”, and further authorizes the Town Manager to execute the lease on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-03 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29TH DAY OF JANUARY 2018. _________________________________ Laura Wheat, Mayor ATTEST: ___________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Proprietary and Confidential Resolution 18-03 CONDUIT LEASE Between TOWN OF WESTLAKE And FRONTIER COMMUNICATIONS OF TEXAS CONDUIT LEASE Page 2 of 19 Proprietary and Confidential Resolution 18-XX TABLE OF CONTENTS ARTICLE 1: BASIC PROVISIONS ........................................................................... 3 ARTICLE 2: ADDITIONAL DEFINITIONS ............................................................. 5 ARTICLE 3: TERM AND COMMENCEMENT ........................................................ 5 ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT .................... 5 ARTICLE 5: USE AND COMPLIANCE WITH LAWS ............................................ 6 ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, ............... 7 AND IDEMNIFICATION ........................................................................................... 7 ARTICLE 7: CASUALTY DAMAGE ....................................................................... 8 ARTICLE 8: MULTI-DUCT AND CONDUIT .......................................................... 9 ARTICLE 9: ASSIGNMENT AND SUBLETTING ............................................... 10 ARTICLE 10: LANDLORD’S REMEDIES ............................................................ 10 ARTICLE 11: TENANT’S REMEDIES ................................................................... 11 ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION ..... 11 ARTICLE 13: REPRESENTATIONS AND WARRANTIES .................................. 13 ARTICLE 14: VENUE AND GOVERNING LAW .................................................. 14 ARTICLE 15: FORCE MAJEURE............................................................................ 14 ARTICLE 16: ENTIRE AGREEMENT .................................................................... 14 ATTACHMENT A - QUAIL HOLLOW DUCT BANK LAYOUT PLAN AND OFF-SITE ROUTE PLAN ......................................................................................... 16 ATTACHEMENT B - DUCTBANK ACCESS PROCEDURES ............................. 17 CONDUIT LEASE Page 3 of 19 Proprietary and Confidential Resolution 18-XX THIS CONDUIT LEASE (“Lease”) is made and entered into as of the __________day of ___________, 2018 by and between the Town of Westlake, Texas (Landlord”) and Frontier Communications of Texas. ARTICLE 1: BASIC PROVISIONS This Article contains the basic lease provisions between Landlord and Tenant. A. Route: The route of the Conduit that is the subject of this Lease is as indicated on Attachment “A”, Quail Hollow Duct Bank Layout and Off-Site FM 1938 Route Plan. B. Commencement of Lease: The Commencement Date for the Lease shall be as follows, subject to adjustment based on any Landlord delays in substantial completion of any Ductbank segments not completed at the time of Lease signing. C. Initial Term and 20 years Expiration Date: Commencement Date plus 20 years with option to extend for additional 20 years at same rate. D. Rented Length: Parties agree that the rented length will be approximately 11,000 linear feet based on the attached Quail Hollow Duct Bank Layout Plan and Off-Site FM 1938 route from Randol Mill to Vaquero Club Drive. E. Size and Quantity: 1 single 2” conduit F. Base Rent: $ 45,670 per term for Quail Hollow G. Permitted Use: Facilities may be placed in the Conduit by the Tenant for the provisioning of communications and telecommunications services, including voice, data, video and internet services. CONDUIT LEASE Page 4 of 19 Proprietary and Confidential Resolution 18-XX H. Landlord: Town of Westlake, Texas I. Landlord’s Notice Address: Town Manager 3 Village Circle Suite 202, Solana Westlake, TX 76262 With copies to: Town Attorney Town of Westlake Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, TX 75062 J. Tenant: Frontier Communications of Texas K. Tenant’s Notice Address: Frontier Communications of Texas Kole Sanders, AVP – Engineering 1132 FM407 Lewisville TX 75077 L. Rent Payments: Lump Sum payment of $45,670. M. Attachments: This Lease includes and incorporates by this reference: Attachment A: Quail Hollow Duct Bank Layout Plan and Off-Site FM 1938 Route Plan. Attachment B: Ductbank Access Procedures N. Substantial Completion: Substantial completion of all or a portion of the construction of the Ductbank occurs when the construction of the Ductbank is completed sufficient to enable Tenant to install its facilities located in the Conduit. O. Non-exclusion: This is a non-exclusive Lease in that Landlord may lease other ducts within the Ductbank to other Tenants and Tenants may Lease ducts from other parties within the jurisdiction of the Town of Westlake as permitted by other Leases. Leases entered into with other Tenants may not interfere in any manner with Tenant’s ability to provide service CONDUIT LEASE Page 5 of 19 Proprietary and Confidential Resolution 18-XX to its customers including increasing operational burdens or costs. Leases between the Landlord and its other Lessees must be competitively neutral and non-discriminatory when compared to this Lease provided however the lease rates may vary from lease to lease based on different duct configurations. ARTICLE 2: ADDITIONAL DEFINITIONS A. Conduit: The term “conduit” refers to a four inch (4”) or two inch (2”) pipe located within the Ductbank. The conduits leased under and pursuant to this Lease are identified in Attachment “A”, Quail Hollow Duct Bank Construction Layout Plan and Off-Site FM 1938 Route Plan, and are referred to herein as the “Conduit.” B. Cell: The term “cell” refers to a multi-duct inner-liner within a conduit. The cells leased under and pursuant to this Lease are as indicated in Attachment “A”, Quail Hollow Duct Bank Construction Layout Plan and Off-Site FM 1938 Route Plan are referred to herein as the “Cells.” C. Ductbank: A bank or collection of several Landlord-owned conduits routed from manhole to manhole or pull box. D. Facilities: The term “Facilities” refers to cables, wires and other appurtenances as determined by Tenant which Tenant shall place in Conduit rented hereunder to provide communications and telecommunications services. ARTICLE 3: TERM AND COMMENCEMENT A. Term: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Conduit and/or Cells identified in Article 1, and described in Attachment “A”, Quail Hollow Duct Bank Layout Plan and Off-Site FM 1938 Route Plan, for the Term, subject to the other provisions of this Lease. The term of this Lease shall commence on the Commencement Date and end at 11:59 PM on the Expiration Date set forth in Article 1, unless sooner terminated as provided in this Lease. This Lease may be renewed as provided for in Article 4.B. ARTICLE 4: BASE RENT, RENEWAL AND RATE ADJUSTMENT A. Base Rent: Tenant shall pay Landlord (i) the Base Rent set forth in Article 1 in advance on or before the Commencement Date and yearly on the anniversary date, or (ii) the one time lump sum base rent set forth in Article 1 in advance on or before the Execution of the Lease. The Rate Adjustment set forth in Article 1 shall be applied to the base rent to offset additional costs incurred by the Tenant. CONDUIT LEASE Page 6 of 19 Proprietary and Confidential Resolution 18-XX B. Renewal: This Lease may be extended and renewed upon the written consent of both the Landlord and the Tenant, and such consent shall not be withheld by the Landlord without a justifiable cause presented in writing to the Tenant. Tenant shall have a minimum of 180 days from the receipt of such termination notice to discontinue its use of the ductbank. Issues related to the Renewal Fee may be considered a justifiable cause for withholding consent. Tenant may continue to occupy the Conduit leased hereunder after expiration of this Lease and shall pay, subject to refund by the Landlord, a non- discriminatory amount determined by the Landlord until any such disputed Renewal Fee is resolved. Landlord shall refund any Renewal Fee paid by Tenant that is greater than the resolved amount, plus interest at the current rate that Tenant is required to pay on customer deposits, within 30 calendar days of such resolution of the Renewal Fee. ARTICLE 5: USE AND COMPLIANCE WITH LAWS A. Use of Conduit: Tenant shall use the Conduit only for the permitted use identified in Articles 1 and 2, and no other purpose whatsoever, subject to the other provisions of this Article and this Lease. Tenant may petition the Landlord to use the Leased Conduit for other purposes, and if technologically feasible, approval shall not be unreasonably denied by the Landlord. B. Maintenance of Ductbank: Landlord shall at its sole cost maintain the physical structure of the Ductbank, including manholes, and shall provide a clean and safe working environment within the ductbank including the removal of water, mud, animals, insects and other foreign matter, when manholes need to be accessed. C. Protection of Tenant Facilities within Ductbank: Landlord shall use best efforts to assure that Tenant’s Conduit and Facilities within the Ductbank are protected from damage by other tenants and to allow efficient access by the Tenant to its Facilities. D. Compliance with Laws: The parties shall comply with all laws of the State of Texas and the United States. Nothing in the Lease shall have the effect of eliminating or altering the parties’ requirements to comply with all of the ordinances of the Town of Westlake, Chapter 283 of the Texas Local Government Code or Chapter 253 of the federal Telecommunications Act. In the event this Lease, or any of it's provisions or the operations contemplated hereunder, are found to be inconsistent with or contrary to any laws (now existing or hereinafter enacted), the law will be deemed to control and, if commercially practicable, this Lease will be regarded as modified accordingly and will continue in full force and effect as so modified. If such modified Lease is not commercially practicable, in the opinion of either party, then the parties agree to meet promptly and discuss any necessary amendments or modifications to this Lease. If the parties are unable to agree on necessary amendments or modifications in order to comply with any laws, then this Lease may be terminated immediately by either party. E. Access. During the Term, and any Extension Term, Landlord will provide Tenant free and unrestricted access for ingress and egress, vehicles, construction materials and CONDUIT LEASE Page 7 of 19 Proprietary and Confidential Resolution 18-XX equipment, to and from the Tenant’s Conduit and Facilities within the Ductbank, 24 hours a day, 7 days a week, 365 days a year, so that Tenant may perform installation, operation, maintenance, replacement, repair or operating improvement and equipment; F. Landlord shall not permit or suffer any interference with Tenant’s free and unrestricted access and right to use Tenant’s Conduit and Facilities within the Ductbank; G. No litigation or governmental, administrative, or regulatory proceeding is pending, proposed or threatened with respect to Tenant’s Conduit and Facilities within the Ductbank, including, without limitation, claims of third-parties; H. Tenant’s Conduit and Facilities within the Ductbank are free of any asbestos or asbestos-containing materials and shall remain free throughout the Term and any Extension Term; ARTICLE 6: INSURANCE, SUBROGATION, WAIVER OF CLAIMS, AND IDEMNIFICATION A. Required Insurance: Tenant shall maintain during the Term of the Lease: Commercial general liability insurance, with limits of $1,000,000 for personal injury, bodily injury or death, and property damage or destruction (including loss of use thereof), combined single limit for one occurrence, and $2,000,000 in the aggregate per policy year, with (a) contractual liability coverage, and (b) inclusion of the Landlord as additional insured. B. Certificates and Other Matters: Each Tenant shall provide the other with certificates evidencing the coverage required hereunder prior to the commencement Date, or Tenant’s entry to the Ductbank, whichever first occurs. Tenant shall provide at least thirty days’ advanced written notice to landlord of any cancelation or non renewal of any required coverage that is not replaced. Tenant shall provide renewal certificates to the other within fifteen (15) days of the expiration of such policies. All insurance required hereunder shall be provided by responsible insurers eligible to do business in the State of Texas and shall have a general policy holder’s rating of at least A- (A minus) and a financial rating of at least [VII] in the then current edition of Best’s Insurance Reports. Each Party disclaims any representation as to whether the foregoing coverage will be adequate to protect Tenant. C. Self Insurance: The parties to this Lease acknowledge that Tenant may satisfy all requirements of Article 6 by maintaining and providing written evidence to the Landlord of a program of self insurance as permitted by the laws of the State of Texas. CONDUIT LEASE Page 8 of 19 Proprietary and Confidential Resolution 18-XX D. Landlord’s Defenses Not Waived: Nothing contained in this Lease shall waive Landlord’s defenses or immunities under Section 101.001 et seq. of the Texas Civil Practice and Remedies Code or other applicable statutory or common law. ARTICLE 7: CASUALTY DAMAGE A. Restoration: (1) The parties shall promptly notify each other of any damage to the Ductbank by fire, trenching equipment, or other casualty. Landlord will, in a reasonable amount of time, make every reasonable attempt to restore the Ductbank to substantially the same condition as prior to the casualty. (2) In case of damage to the Ductbank, Landlord will make every reasonable attempt to promptly restore the Ductbank. Where Tenant or any of their agents, employees, or contractors were the sole cause of the damage, the Tenant shall pay 100% of the reasonable, actual and direct cost of restoration including but not limited to straight time labor, overtime labor, materials, material expediting fees, and supervision. If Landlord does not initiate repairs within one (1) hour and complete such repairs in a timely manner, Tenant may begin such repairs itself and Landlord agrees to reimburse Tenant the reasonable cost of all such repairs. (3) When damage to the Ductbank by casualty has occurred, and when notice and coordination are practicable, the parties shall coordinate repair and other work operations in emergency situations involving service disruptions. Disputes will be immediately resolved at the site by the affected parties present in accordance with the following principles: a. Emergency service restoration work requirements shall take precedence over other work operations. b. Except as otherwise agreed upon by the parties, restoration of lines necessary to alleviate life-threatening situations shall be given the highest priority. Secondary priority shall be given to restoring lines for emergency service providers (e.g., 911, fire, police, and national security and hospital lines). Third priority shall be given to restoring lit fibers of the local service providers, on a rotating basis.. The parties shall exercise good faith in assigning priorities, shall base their decisions on the best information then available to them at the site in question, and may, by mutual agreement at the site, take other factors into consideration in assigning priorities and sequencing service restoration activities. CONDUIT LEASE Page 9 of 19 Proprietary and Confidential Resolution 18-XX c. Landlord shall determine the order of precedence of work operations only if the affected parties present are unable to reach prompt agreement; provided, however, that these decisions shall be made by Landlord on a nondiscriminatory basis in accordance with the principles set forth in this section. B. Termination of Lease by Landlord: Notwithstanding the foregoing to the contrary, in lieu of performing the restoration work, Landlord may in the event of a total casualty, elect to terminate this Lease by notifying Tenant in writing of such termination within thirty (30) days after the date of damage (such termination notice to include a termination date providing not less than thirty (30) days notice to Tenant). Landlord shall provide a reasonably comparable location within the public right-of-way to relocate those portions of Tenant’s facilities that are not accessible or useable by termination. Such reasonable location not include a ductbank, conduit or cells, but, only a physical location in the public right-of-way. In such case, the Tenant shall be entitled to a refund of the prorated portion of the pre-paid rent paid hereunder by Tenant in advance. C Termination of Lease by Tenant: Notwithstanding Paragraph B above, Tenant may terminate this Lease if Tenant is unable to use all or a substantial portion of the leased Ductbank as a result of fire or other casualty not caused by Tenant or its employees or agents, and (i) such work is estimated to take more than fifteen (15) days, or (ii) Landlord fails to substantially complete restoration work within thirty (30) days from the date the casualty occurred. In order to exercise any of the foregoing termination rights, Tenant must send Landlord at least fifteen (15) days advance notice specifying the basis for termination, and such notice must be given no later than thirty (30) days following the occurrence of the condition serving as the basis for the termination right invoked by Tenant. Upon receipt of termination notice from the Tenant, Landlord shall provide the Tenant with a reasonably comparable location within the public right-of-way for the Tenant to relocate its facilities. Such termination rights shall not be available to Tenant if: (a) Landlord substantially completes their repairs to the Ductbank within Landlord’s thirty (30) day period to substantially complete restoration to the damaged portion of the Ductbank, or (b) Landlord permanently provides Tenant with reasonably comparable alternate ducts within the Ductbank route or an alternate route reasonably acceptable to Tenant. Landlord shall reimburse the Tenant the greater of the cost to relocate any Facilities or a prorated portion of the lease payment made in advance. D. Permits: Landlord shall expedite approval of any required permits due to termination of Lease by either party provided that Tenant complies with all applicable local, state and federal requirements. ARTICLE 8: MULTI-DUCT AND CONDUIT Tenant shall conduct a physical inspection of the Conduit prior to accepting the Conduit and installing its Facilities. Once Tenant accepts the Conduit, Tenant accepts the Conduit “as-is.” Tenant may install cells, at its discretion, at no cost to the Landlord, subject to CONDUIT LEASE Page 10 of 19 Proprietary and Confidential Resolution 18-XX submittal of Tenant’s plans and specifications for written approval by Landlord. ARTICLE 9: ASSIGNMENT AND SUBLETTING A. Transfers: Tenant shall have the right to assign this Lease, provided Tenant notifies Landlord, to (i) an entity which controls, is controlled by or is under common control with Tenant, or (ii) to any entity which succeeds to substantially all of its assets or equity of Tenant, and the assignee executes an agreement assuming this Lease. In addition, notwithstanding anything to the contrary contained herein, Tenant shall have the right to allow third parties the right to transmit signals and/or data over or otherwise use Tenant’s Facilities. B. With respect to all other transfers or assignments of this Lease, Tenant shall not, without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed by Landlord, assign, mortgage, pledge, hypothecate, encumber, or permit any lien to attach to, or otherwise transfer, this Lease or any interest hereunder. C. Tenant shall notify Landlord of any such transfer or assignment in writing, which notice shall include: (a) the effective date of the transfer or assignment, (b) the portion of the Conduit to which the Lease transfer or assignment applies, (c) the name, address, and background information concerning the proposed Transferee, (d) an assignment and assumption agreement signed by the Transferee, whereby the Transferee assumes all obligations, terms, and conditions of this Lease relating to the assigned Conduit, and (e)the nature of Transferee’s business and proposed use of the Conduit, if different from the Tenant’s. Any transfer made without complying with this Article shall, at Landlord’s option, be null, void, and of no effect, or shall constitute a Default under this Lease. D. There shall be no additional compensation demanded or authorized by the Landlord for any Transfer or Assignment of this Lease from either the Tenant or the Transferee that is not specifically addressed in this lease. ARTICLE 10: LANDLORD’S REMEDIES A. Default: Either party shall be in default hereunder in the event such party has not begun and pursued with reasonable diligence the cure the breach of this Lease within thirty (30) days of the receipt of written notice from the other party of the breach. B. Remedies: (1) Upon the occurrence of any uncured material event or events of default, whether enumerated in this paragraph or not, the non-defaulting party shall have the option to pursue any one or more of the following: (i) terminate this Lease (Tenant’s right of use, entry and possession may be terminated only by detainer suit, summary proceedings or other lawful means), (ii) perform whatever obligations the other party is obligated to perform under the terms of this Lease, and to the defaulting party shall reimburse the other CONDUIT LEASE Page 11 of 19 Proprietary and Confidential Resolution 18-XX party for any reasonable expenses incurred in performing the defaulting party’s obligations, (iii) recover any unpaid rent or on a pro-rata basis any pre-paid rent, as the case may be as of the date use is terminated, (iv) recover any unpaid rent which thereafter accrues during the Term from the date use is terminated through the time of judgment (or which may have accrued from the time of any earlier judgment obtained by Landlord), less any consideration received from replacement tenants, (v) recover any other reasonable amounts necessary to compensate the non-defaulting party for all damages proximately caused by defaulting party’s failure to perform its obligations under this Lease, including reasonable attorney’s fees and costs. (2) In the event one party terminates the other party’s right of use pursuant to this Article, Tenant agrees to remove its facilities within ninety (90) days of termination, or as soon as reasonably practical, if demanded by the Landlord. Should Tenant fail to remove facilities, Landlord may, at the Tenant’s expense, remove Tenant’s facilities from the Ductbank. (3) NEITHER PARTY SHALL BE LIABLE TO OTHER FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND LOST REVENUES. ARTICLE 11: TENANT’S REMEDIES A. Default: Landlord shall be in default hereunder in the event Landlord has not begun and pursued with reasonable diligence the cure of any failure of Landlord to meet its obligations hereunder within thirty (30) days of the receipt by Landlord of written notice from Tenant of the alleged failure to perform. B Remedies: Upon the occurrence of any event or events of default by Landlord, whether enumerated in this paragraph or not, Tenant shall have the option to pursue any one or more of the following: (i) termination of this Lease; and (ii) exercising all other remedies available to Tenant at law or in equity, including without limitation, injunctive relief of all varieties. Notwithstanding the foregoing, if (i) Landlord’s default hereunder creates an emergency or creates conditions which if uncured will impair or impede Tenant’s ability to provide telecommunications services, and (ii) Landlord has not commenced or does not diligently proceed to cure such default, then Tenant may, after two (2) business day’s written notice to Landlord, take whatever actions are necessary to commence curing the default(s), and Landlord agrees to reimburse Tenant for any reasonable expenses incurred in effecting compliance with Landlord’s obligations, including reasonable attorney’s fees and costs. ARTICLE 12: CONFIDENTIALITY AND PROPRIETARY INFORMATION A. In connection with this Lease, either party may furnish to the other certain information that is marked or otherwise specifically identified as proprietary or confidential CONDUIT LEASE Page 12 of 19 Proprietary and Confidential Resolution 18-XX (“Confidential Information”). This Confidential Information may include, among other things, private easements, licenses, utility agreement Leases, permits, other right-of-way granting documents, specifications, designs, plans, drawings, data, prototypes, and other technical and/or business information. For purposes of this Section, the party that discloses Confidential Information is referred to as the “Disclosing Party” and the party that receives Confidential Information is referred to as the “Receiving Party”. If the Receiving Party is the Landlord, the Landlord shall fully comply with the Texas Public Information Act (formerly the “Texas Open Records Act”), including requesting a decision from the Attorney General regarding the confidentiality of the requested Confidential Information, to protect the release of confidential or proprietary information, and will promptly notify the Disclosing Party of such request for disclosure. B. When Confidential Information is furnished in tangible form, the Disclosing Party shall mark it as proprietary or confidential. When Confidential Information is provided orally, the Disclosing Party shall, at the time of disclosure or promptly thereafter, identify the Confidential Information as being proprietary or confidential. C. With respect to Confidential Information disclosed under this Lease, the Receiving Party and its employees shall: (1) To the extent allowed by law, hold the Confidential Information in confidence using procedures no less stringent than those used with respect to its own proprietary, confidential and private information of a similar nature, subject to the terms of this Lease. For the purpose of this Article 12, Landlord shall comply with any ruling made by the Texas Attorney General pursuant to the Texas Public Information Act. Landlord shall not be required to take any action beyond this section to keep information confidential; (2) Restrict disclosure of the Confidential Information solely to those of its employees who have a need to know in connection with the performance of this Lease, and not disclose the Confidential Information to any other person or entity except as required by law; (3) Advise those employees of their obligations with respect to the Confidential Information; (4) Use the Confidential Information only in connection with the performance of this Lease, except as the Disclosing Party may otherwise agree in writing except as allowed by law; (5) Promptly notify the Disclosing Party of the request for the Confidential Information D. Upon written request of the Disclosing Party, the Receiving Party shall return all Confidential Information received in tangible form, except that each party’s legal counsel may retain one copy in its files solely to provide a record of such Confidential Information for archival purposes. If the Receiving Party loses or makes an unauthorized disclosure of CONDUIT LEASE Page 13 of 19 Proprietary and Confidential Resolution 18-XX Confidential Information, it shall notify the Disclosing Party and use reasonable efforts to retrieve the Confidential Information. E. The Receiving Party shall have no obligation to preserve the proprietary nature of Confidential Information which: (1) was previously known to the Receiving Party free of any obligation to keep it confidential; or (2) is or becomes publicly available by means other than unauthorized disclosure; or (3) is developed by or on behalf of the Receiving Party independently of any Confidential Information furnished under this Lease; or (4) is received from a third party whose disclosure does not violate any confidentiality obligation. F. Unless required by law, neither party shall disclose the other party’s customer Confidential Information to any third party (even if under contract to that party) or to any personnel of the party responsible for publicity or for end user sales or marketing. G. If the Receiving Party is required to disclose the Disclosing Party’s Confidential Information by an order or lawful process of a court or governmental body, the Receiving Party shall promptly notify the Disclosing Party, and shall cooperate with the Disclosing Party in seeking reasonable protective arrangements before the Confidential Information is produced. ARTICLE 13: REPRESENTATIONS AND WARRANTIES A. Each party represents and warrants that: (i) it has full right and authority to enter into, execute, deliver, and perform its obligations under this Lease; and (ii) its execution of and performance under this Lease shall not violate any applicable existing regulations, rules, statues or court orders of any local, state or federal governmental agency, court or body. B. Landlord further represents and warrants that: (i) it has all rights and authorizations necessary to construct the Ductbank and to lease Conduit to Tenant; (ii) that it has obtained any and all real property rights necessary to install the Ductbank and to enter upon the property on which the Ductbank is located, and to permit Tenant to enter. Landlord shall use best efforts to maintain such rights throughout the Term. If Landlord fails to obtain and/or cause to remain effective throughout the term of this Lease all required real property rights necessary for Tenant’s use of the Ductbank, Tenant may terminate the Lease, without further obligation, by giving the Landlord thirty (30) days written notice. In the event of such termination, Landlord shall provide a reasonably comparable location within the public right-of-way to relocate those portions of Tenant’s Facilities that are not accessible or useable as a result of such a termination. Such reasonable location may not include a ductbank, conduit or cells, but, only a physical location in the public right-of-way. In such CONDUIT LEASE Page 14 of 19 Proprietary and Confidential Resolution 18-XX case, the Tenant shall be entitled to a refund of the prorated portion of the lease payment made in advance. ARTICLE 14: VENUE AND GOVERNING LAW This Lease shall be governed by the laws of the State of Texas and any applicable Federal law. This Lease will be enforceable in Tarrant County, Texas; if legal action is necessary to enforce this Lease, venue will lie in Tarrant County, Texas, with the U.S. District Court for the Northern District of Texas, or with any regulatory body of competent jurisdiction; e.g., the Public Utility Commission of Texas, the Federal Communications Commission. ARTICLE 15: FORCE MAJEURE Neither Landlord or Tenant, as the case may be, shall be liable or responsible for any damages or delays in performance due to strikes, riots, acts of God, any act of terror or civil disturbance, shortages of labor or materials, war, or any other cause whatsoever beyond the control of Landlord or Tenant, as the case may be. ARTICLE 16: ENTIRE LEASE This Lease, together with the Attachments and other documents listed in Article 1 (WHICH ARE HEREBY COLLECTIVELY INCORPORATED HEREIN AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH), contains all the terms and provisions between Landlord and Tenant relating to the matters set forth herein and no prior or contemporaneous Lease or understanding pertaining to the same shall be of any force or effect, except for any such contemporaneous written Lease specifically referring to and modifying this Lease and signed by both parties. TENANT HAS RELIED ON TENANT’S INSPECTIONS AND DUE DILIGENCE IN ENTERING THIS LEASE, AND NOT ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE CONDITION OR SUITABILITY OF THE DUCTBANK FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER NOT EXPRESSLY CONTAINED HERE. This Lease, including the Exhibits referred to above, may not be modified, except in writing signed by both parties. Without limitation as to the generality of the foregoing, Tenant hereby acknowledges and agrees that Landlord’s leasing agents and field personnel are only authorized to show the Ductbank and potential routes and negotiate terms and conditions for leases subject to Landlord’s final approval, and are not authorized to make any Leases, representations, understandings or obligations binding upon Landlord respecting the condition of the Ductbank, suitability of the same for Tenant’s business, or any other matter, and no such Leases, representations, understanding or obligations not expressly contained herein or in such contemporaneous Lease shall be of any force or effect. IN WITNESS WHEREOF, the Parties have executed this Lease as of the date first set forth above. CONDUIT LEASE Page 15 of 19 Proprietary and Confidential Resolution 18-XX LANDLORD: TOWN OF WESTLAKE, TEXAS By:_________________________________ Thomas E. Brymer, Town Manager TENANT: Frontier Communications of Texas By:_________________________________ Kole Sanders, AVP – Engineering CERTIFICATE I, _____________________________________, as__________________ of the aforesaid Tenant, hereby certify that the individual(s) executing the foregoing Lease on behalf of Tenant was/were duly authorized to act in his/their capacities as set forth above, and his/their actions(s) are the action of Tenant. (Corporate Seal) _____________________________ CONDUIT LEASE Page 16 of 19 Proprietary and Confidential Resolution 18-XX ATTACHMENT A Quail Hollow Duct Bank Layout Plan and Off-Site FM 1938 Route Plan CONDUIT LEASE Page 17 of 19 Proprietary and Confidential Resolution 18-XX ATTACHMENT B Operations approves of these procedures DUCTBANK ACCESS PROCEDURES Town of Westlake Procedure No.: 5.3 Page: NOC Procedures DRAFT Prepared by: B. Eisenrich Date: Procedure: Approved: DUCTBANK ACCESS Revision Date: Revision: 3.1.1 SCOPE This procedure defines the means and methods of access the Town’s ductbank system. 3.1. 2 RESPONSIBLITIES The Landlord or his designee is responsible for establishing, approving, and managing an organization to operate an access request system and provide escort services during tenant access to the ductbank system 3.1.3 PROCEDURE 3.1.3.1 GENERAL All access to the ductbank system must be granted through the means of an Access Request. Upon granting of access to a point in the ductbank system, an authorized representative of the Town must observe tenant access at all times. In an emergency situation Tenant, after attempting to notify the Landlord or his designee, is permitted to access the ductbank in order to begin emergency repairs without an Access Request. The Landlord or his designee will provide access within one (1) hour of notification by Tenant of the emergency condition. 3.1.3.2 AUTHORIZED ACCESS LIST The Landlord or his designee is responsible for maintaining an Authorized Access List for Tenants and Tenant’s subcontractors including emergency contact phone numbers, pager numbers, etc. The Tenant is responsible for providing up to date information, revisions, and corrections to the Landlord or his designee. CONDUIT LEASE Page 18 of 19 Proprietary and Confidential Resolution 18-XX 3.13.2. ACCESS REQUEST Except in an emergency situation, an access request form must be filled out and submitted to the Landlord or his designee prior to accessing the ductbank system. The access request form shall include the following: 1. Name and Company of requestor,. 2. Name of Company representing if requestor is a subcontractor. 3. Authorizing contact for Tenant. 4. Date and time of request. 5. Date and Time access is needed. 6. Reason for access. 7. Traffic control plan where access points are in or near roadways. 8. Where there is Restricted Entry, a safety and emergency plan shall be included. See Exhibit 3.1.3.-1 - Access Request Form In an emergency situation only, Tenant shall call the Town of Westlake at (817) 680- 1422. This number may be changed as appropriate by written notice to Tenant. Town of Westlake Procedure No.: 5.3 Page: NOC Procedures DRAFT Prepared by: B. Eisenrich Date: Procedure: Approved: DUCTBANK ACCESS Revision Date: Revision: 3.1.2.2. APPROVAL Once an access request is received by the Landlord or his designee, the Landlord or his designee shall verify the validity of the access request. This shall only include verifying the requestor against the Authorized Access List. If the requestor is on the authorized list, the requestor shall be granted access. If the requestor is not on the authorized Access List, Landlord or his designee shall contact the Tenant’s representative for written authorization prior to granting access. In the event of an emergency, if notice by Tenant is practical under the circumstances, the Landlord or his designee may grant access to non-authorized personnel upon verbal authorization of the Tenant’s emergency contact. The Landlord or his designee shall provide access within two (2) hours during normal business hours (8am – 5 pm Monday-Friday, excluding published Landlord holidays) and within one (1) hour during emergency restoration requirements. CONDUIT LEASE Page 19 of 19 Proprietary and Confidential Resolution 18-XX 3.1. 3.4 ESCORT The Tenant’s representative performing work shall be escorted at all times by an authorized representative of the Town. The Town representative shall be responsible for witnessing that the persons requiring access work on only the proper media at the access point. The Escort may not in any way inhibit the Tenant’s employee(s) or contractor(s) from performing work. 3.1.3.5 RESTRICTED ENTRY In accordance with State and Federal Occupational and Safety Laws, access to manholes within the system is considered Restricted Entry. As such, Tenant’s representatives shall follow all State and Federal requirements for Restricted Entry. The granting of access by the Town also grants restricted access. However, the Town does not assume responsibility or liability for Tenant’s representatives’ health and welfare. Job safety is the responsibility of the Tenant’s representative’s health and welfare. Job safety is the responsibility of the Tenant’s representative. Town personnel are authorized to enter manholes. Town personnel will monitor work in manholes from the surface. Town personnel are prohibited from performing any maintenance, repair, or other activity to, or affecting, the Tenant’s facilities within the ductbank. 3.1.3.6 WORK ON CABLES The Town’s representative shall log all personnel involved, start time, end time and any other information that may be deemed necessary. 3.1.4 EXHIBITS 3.1.3.-1 Access Request Form 3.1.3.-2 Ductbank Access Observation Form LOT 131.14 Ac.LOT 15X0.20 Ac.LOT 111.07 Ac.LOT 101.13 Ac.LOT 91.08 Ac.LOT 81.25 Ac.LOT 81.83 Ac.LOT 72.22 Ac.LOT 62.28 Ac.LOT 42.00 Ac.LOT 5X0.25 Ac.LOT 21.76 Ac.LOT 1X0.20 Ac.LOT 171.90 Ac.LOT 161.60 Ac.LOT 101.98 Ac.LOT 81.35 Ac.LOT 71.31 Ac.LOT 61.19 Ac.LOT 41.42 Ac.LOT 111.14 Ac.LOT 121.08 Ac.LOT 131.22 Ac.LOT 21.34 Ac.LOT 41.17 Ac.LOT 51.20 Ac.LOT 61.13 Ac.LOT 71.14 Ac.LOT 121.28 Ac.LOT 31.66 Ac.LOT 151.50 Ac.LOT 111.75 Ac.LOT 14X0.25 Ac.LOT 131.80 Ac.LOT 141.15 Ac.LOT 31.14 Ac.LOT 91.63 Ac.LOT 11.32 Ac.LOT 121.91 Ac.LOT 5X2.26 Ac.LOT 92.35 Ac.LOT 10X0.22 Ac.LOT 41.23 Ac.LOT 51.25 Ac.LOT 61.05 Ac.LOT 71.27 Ac.LOT 231.03 Ac.LOT 221.33 Ac.LOT 251.07 Ac.LOT 241.11 Ac.LOT 81.08 Ac.LOT 91.01 Ac.LOT 101.27 Ac.LOT 21.07 Ac.LOT 31.01 Ac.LOT 11.10 Ac.LOT 9X0.23 Ac.LOT 31.21 Ac.LOT 21.19 Ac.LOT 1X0.21 Ac.LOT 41.29 Ac.LOT 112.36 Ac.LOT 102.29 Ac.LOT 21.41 Ac.LOT 11.14 Ac.LOT 21.00 Ac.LOT 31.04 Ac.LOT 11.60 Ac.LOT 92.34 Ac.LOT 11.00 Ac.LOT 21.00 Ac.LOT 31.20 Ac.LOT 41.20 Ac.LOT 51.20 Ac.LOT 61.21 Ac.LOT 122.07 Ac.LOT 132.09 Ac.LOT 51.28 Ac.LOT 61.78 Ac.LOT 261.38 Ac.LOT 27X0.41 Ac.LOT 31.37 Ac.LOT 191.58 Ac.LOT 182.12 Ac.LOT 28X3.00 Ac.LOT 110.00 Ac.LOT 29X2.83 Ac.LOT 211.50 Ac.LOT 201.65 Ac.LOT 162.05 Ac.LOT 174.14 Ac.LOT 141.53 Ac.LOT 151.99 Ac.LOT 61.89 Ac.LOT 72.01 Ac.LOT 111.61 Ac.LOT 21.91 Ac.LOT 102.01 Ac.LOT 51.71 Ac.LOT 81.92 Ac.LOT 42.15 Ac.LOT 14X0.80 Ac.LOT 72.06 Ac.LOT 62.21 Ac.LOT 52.03 Ac.LOT 41.88 Ac.LOT 31.67 Ac.LOT 121.71 Ac.LOT 91.52 Ac.LOT 81.44 Ac.SHEET:PROJECT NO.:DATE:SCALE:DRAWN BY:QUAIL HOLLOWC I V I L E N G I N E E R I N G420 Johnson Road, Suite 303Keller, Texas 76248Fax 817-337-5133 Phone 817-337-8899DEOTTE, INC.WWW.DEOTTE.COMFIRM REGISTRATION: # F-003116 (TX)DUCT BANK LAYOUTWESTLAKE, TEXAS2015111001/18/20181"=150'DSM1 OF 1015075150300NATTACHMENT AQuail Hollow Duct Bank Layout Plan and Off-Site Route PlanResolution 18-03 Frontier bore Town Ductbank FRONTIER – QUAIL HOLLOW OFF-SITE ROUTE Resolution 18-03 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Authorizing the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Westlake Fire-EMS Fire House 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. STAFF CONTACT: Troy J. Meyer, Facilities Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 1, 2019 Funding Amount $49,404.00 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In October of 2016, Terracon completed a geotechnical investigation for the proposed Westlake Fire-EMS Fire House 1. Five borings were advanced to depths of approximately 51/2 to 35 feet below the existing ground surface. Based on the information obtained from the subsurface exploration, the site can be developed for the proposed project. The following geotechnical considerations were identified: • On-site soils appear suitable for use as general site fill. • The upper 2 feet of sand present in the borings are in a loose state. We recommend reworking these materials to utilize shallow footing foundations and grade supported slabs. • The site soils are considered relatively stable with respect to moisture-induced volume changes (expansion or contraction). If movements on the order of 1 inch are acceptable, the fire station structure can be supported on shallow footing foundations bearing in native, undisturbed soils or properly compacted fills. • Portland cement concrete pavement is planned for this site. Portland cement concrete pavement can be placed on a properly compacted subgrade; however, it may be necessary to cement treat the sandy soils if compaction cannot be maintained while placing reinforcing steel and concrete. Staff is recommending Terracon provide geotechnical services for the construction phase of the project which includes but not limited to the following: • Earthwork Observations and Testing • Concrete Observations and Testing • Reinforcing Steel Observation and Testing • Masonry Observations and Testing • Structural Steel Observations and Testing • Project Management/Administration • Special Inspections Letter and Reports The cost of these base services is estimated at $49,404 for the project. The cost of these services is included in the soft cost of the $11.9M project budget. RECOMMENDATION Staff recommends Council authorize the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Westlake Fire-EMS Fire House 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. ATTACHMENTS Agreement Resolution Resolution 18-04 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-04 A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEEMENT WITH TERRACON CONSULTION ENGINEERS FOR CONSTRUCTION MATERIALS TESTING AND OBSERVATION SERVICES FOR THE CONSTRUCTION OF THE WESTLAKE FIRE-EMS FIRE HOUSE 1 PROJECT AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town of Westlake will be constructing a new 18,000 square foot Fire- EMS Fire House 1; and, WHEREAS, the Town’s current Fire-EMS department has been operating out of a temporary facility for the past 12 years; and, WHEREAS, the Council desires to provide stakeholders with an iconic looking fire station that serves the emergency services needs of the community and meets the community building standards; and, WHEREAS, the staff recommends Terracon Consulting Engineers provide the construction materials testing and observation services for the construction of the Fire–EMS Fire House 1 project; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Fire–EMS House 1 project attached as Exhibit A; and authorizes town staff to make funding changes not to exceed $25,000 on this project. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-04 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29th DAY OF JANUARY 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Terracon Consultants, Inc. 2501 East Loop 820 North Fort Worth, Texas 76118 P [817] 268 -8600 F [817] 268-8602 terracon.com December 7, 2017 Town of Westlake Attn.: Mr. Tom Brymer 1500 Solana Boulevard, Building 7, Suite 7200 Westlake, Texas 75262 Subject: Proposal for Construction Materials Testing and Observation Services Town of Westlake Fire Station 2000 Dove Road, Westlake, Texas 75262 Terracon Proposal No.: P95171268 Dear Mr. Brymer: Terracon Consultants, Inc. (Terracon) is pleased to submit this proposal to provide construction materials testing, observation services, or special inspection services for the above referenced project as required. We are presenting this proposal to confirm our understanding of the services to be performed for this project, to obtain written authorization to provide these services, and to present the estimated fee to provide these services. The following sections outline our understating of the project and provide a description of the tasks to be performed. A) PROJECT INFORMATION The site is located at 2000 Dove Road Westlake, Texas. This project will consist of two new buildings on shallow foundations. One building is the proposed fire station with a building footprint of 12,279 square feet, and proposed new administrative building with a footprint of 4,606 square feet. Both buildings will consist of structural masonry, structural steel, and wood framing. There will also be site associated utilities and paving. Terracon was provided with the following construction documents for preparation of this proposal: Preliminary Civil Drawings by Pacheco Koch dated 09/11/2017 Preliminary Structural Drawings by BRW Architects dated 09/11/2017 Specifications dated 09/11/2017 Geotechnical Report by Terracon dated 10/06/2016 B) SCOPE OF SERVICES Based on our review and understanding of the documents listed above, Terracon proposes the following scope of services: Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Resolution 18-04 Reference Number: P95171268 Page 1 of 2 Rev. 10-16 AGREEMENT FOR SERVICES This AGREEMENT is between Town of Westlake (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the Town of Westlake Fire Station project (“Project”), as described in the Project Information section of Consultant’s Proposal dated 12/07/2017 (“Proposal”) unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporat ed into this Agreement). 1. Scope of Services. The scope of Consultant’s services is described in the Scope of Services section of the Proposal (“Services”), unless Service s are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agr eement). Portions of the Services may be subcontracted. When Consultant subcontracts to other individuals or companies, then consultant will collect from Client on the Subcontractor s’ behalf. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consul tant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so reque sts, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Serv ices and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorpor ated into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they a re issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client a t least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of t he invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is lat er determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point f orward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for faili ng to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not i ntended for third parties other than those who have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparativ e fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of acti on arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii) Resolution 18-04 Reference Number: P95171268 Page 2 of 2 Rev. 10-16 commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10.CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11.Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at l aw. This Agreement shall be governed by and construed according to Kansas law. 12.Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Servi ces; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided un less specifically included in the Services. 13.Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract docum ents, and Consultant’s recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Propos al, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adheren ce to the project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed a nd/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14.Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, tox ic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or ta ke title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15.Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices. 16.Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17.Site Access and Safety. Client shall secure all necessary site related approvals, permits, lic enses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision an d site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client’s contractors, subcontractors, or other parties present at the site. Consultant: Terracon Consultants, Inc. Client: Town of Westlake By: Date: 1/23/2018 By: Date: Name/Title: William V Jacobs / Senior Project Materials Engineer Name/Title: Thomas E. Brymer / Town Manager Address: 2501 E Loop 820 N Address: 1500 Solana Boulevard, Building 7, Suite 7200 Fort Worth, TX 76118-6978 Westlake, TX 76262 Phone: (817) 268-8600 Fax: (817) 268-8602 Phone: (817) 490-5720 Fax: (817) 430-1812 Email: Bill.Jacobs@terracon.com Email: tbrymer@westlake-tx.org Resolution 18-04 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 01/23/2018 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Terracon Consultants, Inc. Fort Worth, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Town of Westlake Professional Consulting Services 2018-1 2018-305003 01/24/2018 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Cozart, George D.XAustin, TX United States Gaboury, David R.XOlathe, KS United States Cobb, C. Harold XHouston, TX United States Covert, Michael E.XOlathe, KS United States Pavlicek, Robert W.XRaleigh, NC United States Vrana, Donald J.XOlathe, KS United States Najm, Jamal XLawrenceville, GA United States Anderson, Tim W.XTempe, AZ United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.0.5523www.ethics.state.tx.usForms provided by Texas Ethics Commission estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Consider approval of a Resolution Authorizing the Town Manager to enter into an agreement with Precision Landscape Management to provide Landscaping service for the center median and the east side of FM 1938/ Davis Blvd and to the north of Dove Road. STAFF CONTACT: Troy J. Meyer, Facilities Director Jarrod Greenwood Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 1, 2018 Completion Date: January 1, 2019 Funding Amount $64,200.98Status - Funded Source - Self-funded EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As you will recall, the landscape improvements along FM 1938 were completed in two phases. The first phase included the median landscape improvements that were finished in 2013 as a TxDOT Green Ribbon Project with a $670,000 TxDOT grant. The second phase included the landscape improvements on portions of the east and west right-of-way that were completed as a separate contract in 2015. As outlined in the Fidelity, Vaquero, Granada, and Quail Hollow developer agreements,the adjacent property owners are responsible for landscape maintenance costs with the Town providing water for irrigation. The proposed landscape maintenance agreement for Council consideration is for landscape maintenance of center median and east side of FM 1938 extending south of Dove Road to the Town Limits at the Randol Mill intersection (see attached map). Starting January 1, 2018, the Town of Westlake will assume contract administration for the landscape maintenance of FM 1938/Davis extending south of Dove Road to the Town Limits at the Randol Mill intersection (see attached map). The Town will invoice both Vaquero HOA and Quail Hollow HOA based on their areas of responsibility in accordance with: 1) Vaquero Developer Agreements approved by Ordinances 360 and 444; and 2) Quail Hollow Developer and Economic Development Agreements approved by Resolution 16-35. TOWN REPSONSIBILITIES: • The Town will provide all water for the median and ROW in accordance with the approved Developer Agreements. • The Town will maintain the annual contract with a landscape contractor of the Town's selection through a competitive bid process. • The Town will send monthly invoices to Vaquero HOA and Quail Hollow HOA based on the executed contract pricing to be paid thirty (30) calendar days from the invoice date. VAQUERO and QUAIL HOLLOW RESPONSIBILITIES • To notify Town staff of any issues with the landscaping plants or material and level of service provide by the contractor. • Both parties will be responsible for plant or tree replacements as of January 1, 2020. • Both parties can request changes to the plants material, which will need to be approved by the town. The cost of any additional plants will be at the expense of the requester. The contractor will include landscaping maintenance services of the center medians and ROW along the east side of Davis. See attached Schedule A & B for scope of work details. Items not included in the base agreement are irrigation repairs and seasonal color. Estimates for additional work or repairs will be submitted to the Town for approval. Dollar amounts exceeding $2,000.00 will need the approval of all parties. The total annual cost of the contract is $64,200.98 • Quail Hollow- $28,274.04/ year - $2,356.17/month • Vaquero HOA- $27,948.48/ year - $2,329.04/month • Town of Westlake- $7,978.46/year - $664.88/month Funding for the Town’s portion of this agreement is in the FY 2017-18 approved budget. RECOMMENDATION Staff recommends approval of a Resolution Authorizing the Town Manager to enter into an agreement with Precision Landscape Management to provide Landscaping services for the center median and east side of FM 1938 extending south of Dove Road to the Town Limits at the Randol Mill intersection. ATTACHMENTS Resolution Exhibit A, Agreement Exhibit B, Map Resolution 18-05 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH PRECISION LANDSCAPE MANAGEMENT TO PROVIDE LANDSCAPING SERVICES FOR THE FM 1938/DAVIS BOULEVARD MEDIAN AND EAST ROW FROM DOVE ROAD TO RANDOL MILL. WHEREAS, the Town Council finds the landscape maintenance services will benefit commuters and citizens and is in the best interest of residential and corporate citizens; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and WHEREAS, Westlake desires to preserve the attractive landscaping installed as Town Capital Project; and WHEREAS, the Town Council finds that the proposed contract with Precision Landscape Management to provide landscaping service for the FM 1938/Davis Boulevard median and east ROW from Dove Road to Randol Mill; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the contract with Precision Landscape Management to provide landscaping services for the FM 1938/Davis Boulevard median and east ROW from Dove Road to Randol Mill , attached hereto as Exhibit A; and further authorizes the Town Manager to execute said contract on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-05 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29th DAY OF JANUARY 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Key Town Vaquero & Quail Hollow Vaquero Quail Hollow Map Cost Sharing on Davis Blvd Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 01/24/2018 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Precision Landscape Mgmt. Dallas, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Town of Westlake Landscape Services 2018-2 2018-305203 01/24/2018 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.0.5523www.ethics.state.tx.usForms provided by Texas Ethics Commission Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Conduct a Public Hearing regarding the levy of assessment within the Town of Westlake Solana PID, commonly known as Entrada Development for Improvement Project B, the Public Parking Garage, in the amount of $2,425,000. STAFF CONTACT: Tom Brymer, Town Manager Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 29, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Solana Public Improvement District (PID) for the Entrada development was created by Resolution 14-07 by Town Council on February 24, 2014. To levy the assessment on property within the PID required to service the PID bonds, Town Council adopted Ordinance No. 741 Page 2 of 2 approving the Solana Pubic Improvement District Service and Assessment Plan and Assessment Roll. Sections 372.013 and 372.014 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) require that Service and Assessment Plans (SAP) and Assessment Rolls to be reviewed and updated annually which requires Council approval. Council approved Ordinance 752 that provided the first annual update to the SAP at the September 21, 2015 Regular Council meeting. The second update to this SAP was approved by the Council via Ordinance 796 on September 19, 2016. The third annual SAP Update was approved by the Council via Ordinance 838 on November 27, 2017 to issue the 2017 PID invoices to property owners for PID assessments due January 31, 2018. The levy of Assessment Part B for Improvement Project B, the public parking garage, in the Solana PID was deferred until horizontal public improvements (water, sewer, storm drain, utilities, paving, etc.) were substantially complete to service the vertical construction of the parking garage. This parking garage is located near the amphitheater and restaurant row area of the Entrada development. The previous Agenda item is an Ordinance of the Town Council that will update the Service and Assessment Plan of the Town of Westlake Solana PID and Assessment Roll to include the levy of Assessment Part B for Improvement Project B. The total cost of the parking garage is $6,815,000, however, the reimbursement amount, and thus the levy of assessment amount, is only $2,425,000, which is allocated over the entire Entrada Improvement Area #1 (this does not include the single family residential area. The Statute requires that prior to the levy of assessments being placed on property within a PID, the Town Council must call for a public hearing. The resolution calling for the public hearing was approved in December 2017, and set for the January 29th meeting. A notice to all property owners was sent in accordance with the Statue, and a follow up letter from the Town was sent explaining the details surrounding the new assessment as the statutory language is not user-friendly. RECOMMENDATION Conduct the public hearing. The Council has the option to close the public hearing after comments, or continue the public hearing to a date certain (which would not allow for the adoption of the Ordinance to levy the assessment.) ATTACHMENTS Letter to landowners from Town 1500 Solana Boulevard, Building 7, Suite 7200, Westlake, Texas 76262 (817) 430-0941 January 24, 2018 [Property Owner Name] [Property Owner Address] RE: Improvement Project B Improvements, Public Parking Garage Dear [Property Owner Name], On January 8, 2018, the Town of Westlake mailed a Notice of Public Hearing to consider proposed assessments to be levied against certain assessable property within the Solana Public Improvement District as required by Chapter 372 of the Texas Local Government Code, as amended (“the Act”). While it complies with the legal requirements set forth in the statute, it does not necessarily explain what is actually taking place. On January 15, 2015, the Town of Westlake passed Ordinance 741 accepting and approving a Service and Assessment Plan (“SAP”) and Assessment Roll for the Solana Public Improvement District (Entrada Development.) The SAP deferred collection of assessments on Improvement Project B, which is a portion of the costs for a public parking garage within Entrada. Construction plans for the parking garage were approved and accepted by the Town, and building permits have been released to begin construction. Therefore, this levy of assessments for the public parking garage must be secured at this time as contemplated in the original SAP. The total costs of the parking garage is $6,815,000 as the Notice of Public Hearing stated, but the reimbursement amount, and thus the levy of assessment amount, is only $2,425,000, which is allocated over the entire Entrada Improvement Area #1. A copy of the Proposed Assessment Roll relating to the Authorized Improvements to be undertaken at this time, which includes the assessments to be levied against certain assessable parcels in the District, is available for public inspection at the office of the Town Secretary, 1500 Solana Boulevard, Building 7, Suite #7200, Westlake, Texas 76262. Link to SAP Online – http://weblink.westlake-tx.org/WebLink/0/doc/347358/Page1.aspx Should you have any questions do not hesitate to contact me. Sincerely, Thomas E. Brymer Town Manager / Superintendent Town of Westlake / Westlake Academy Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: An ordinance accepting and approving an annual SERVICE PLAN UPDATE – ASSESSMENT PART B and Assessment rolls for the Solana Public Improvement District of the Town of Westlake. STAFF CONTACT: Tom Brymer, Town Manager Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 29, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Solana Public Improvement District (PID) for the Entrada development was created by Resolution 14-07 by Town Council on February 24, 2014. To levy the assessment on property within the PID required to service the PID bonds, Town Council adopted Ordinance No. 741 approving the Solana Pubic Improvement District Service and Assessment Plan and Assessment Roll. Page 2 of 2 Sections 372.013 and 372.014 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) require that Service and Assessment Plans (SAP) and Assessment Rolls to be reviewed and updated annually which requires Council approval. Council approved Ordinance 752 that provided the first annual update to the SAP at the September 21, 2015 Regular Council meeting. The second update to this SAP was approved by the Council via Ordinance 796 on September 19, 2016. The third annual SAP Update was approved by the Council via Ordinance 838 on November 27, 2017 to issue the 2017 PID invoices to property owners for PID assessments due January 31, 2018. The levy of Assessment Part B for Improvement Project B, the public parking garage, in the Solana PID was deferred until horizontal public improvements (water, sewer, storm drain, utilities, paving, etc.) were substantially complete to service the vertical construction of the parking garage. The parking garage for which this assessment is being levied is located near the restaurant row and amphitheater in the Entrada development. This Ordinance of the Town Council will update the Service and Assessment Plan of the Town of Westlake Solana PID and Assessment Roll to include the levy of Assessment Part B for Improvement Project B. The total cost of the parking garage is $6,815,000, however the reimbursement amount, and thus the levy of assessment amount, is only $2,425,000, which is allocated over the entire Entrada Improvement Area #1 (this does not include the single family residential area. There are currently 4 property owners aside from the developer. All received notification of the Public Hearing to consider the levy of assessments for the parking garage. A public hearing was called last month by the Council to receive public input regarding this assessment. Said public hearing preceded this agenda item at this meeting. RECOMMENDATION Recommend approving the Ordinance of the Town Council of the Town of Westlake updating the Solana Public Improvement District of the Town of Westlake Service and Assessment Plan and Assessment Roll to include Assessment Park B for Improvement Project B. ATTACHMENTS As of the time of finalizing this agenda, staff is still in discussions with the Town’s PID Administrator to finalize this 2018 SAP Update and Assessment Roll Part B. Supporting materials for this agenda item will be presented at the meeting or sent to Council by separate cover. Draft ordinance is attached for Council perusal. Ordinance 843 Page 1 of 8 ORDINANCE NO. 843 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ACCEPTING AND APPROVING AN ANNUAL SERVICE PLAN UPDATE – ASSESSMENT PART B AND ASSESSMENT ROLLS FOR THE SOLANA PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL BENEFIT TO CERTAIN PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST CERTAIN PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council (the "Council") of the Town of Westlake, Texas (the "Town") is authorized by the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "PID Act"), to create public improvement districts within the Town; and WHEREAS, on February 24, 2014, the Council conducted a public hearing to consider a petition received by the Town on October 18, 2013 titled "Petition for the Creation of a Public Improvement District Within the Town of Westlake, Texas, for the Solana Public Improvement District" requesting the creation of a public improvement district; and WHEREAS, on February 24, 2014, the Council approved Resolution No. 14-07 (the "Authorization Resolution"), authorizing, establishing and creating the Solana Public Improvement District (the "District"); and WHEREAS, on January 15, 2015, the Council adopted Ordinance No. 741 which, among other matters, approved and accepted the Solana Public Improvement District Service and Assessment Plan (the "Original SAP") and levied assessments on certain assessable property in the District; and WHEREAS, on December 11, 2017, the Council adopted a resolution determining total costs of certain authorized public improvements, approving a preliminary service plan update, including proposed assessment rolls, and directing the publication and mailing of notice of a public hearing (the "Assessment Hearing") to consider an ordinance levying assessments (the "Part B Assessments") on certain benefited property within the District (the "Part B Assessed Property"); and WHEREAS, the Town Secretary filed the proposed Part B Assessment Rolls (defined below) and made the same available for public inspection; and Ordinance 843 Page 2 of 8 WHEREAS, the Town Secretary, pursuant to Section 372.016(c) of the PID Act, mailed the notice of the Assessment Hearing to the last known address of the owners of the property liable for the Part B Assessments; and WHEREAS, the Town Secretary, pursuant to Section 372.016(b) of the PID Act, published notice of the Assessment Hearing on January 12, 2018 in the Fort Worth Star Telegram, a newspaper of general circulation in the Town; and WHEREAS, the Council convened the Assessment Hearing on January 29, 2018, at which all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the Part B Assessment Rolls and the proposed Part B Assessments, and to offer testimony pertinent to any issue presented on the amount of the Part B Assessments, the allocation of the costs of the authorized public improvements to be undertaken for the benefit of certain property within the District (the "Improvement Project B Improvements"), the purposes of the Part B Assessments, the special benefits of the Improvement Project B Improvements, and the penalties and interest on annual installments and on delinquent annual installments of the Part B Assessments; and WHEREAS, the Council finds and determines that the Part B Assessment Rolls and the Solana Public Improvement District Annual Service Plan Update - Assessment Part B, dated January 29, 2018 (the "SAP Update" and, together with the Original SAP, the "Service and Assessment Plan"), attached as Exhibit A and incorporated as a part of this Ordinance for all purposes, should be approved and that the Part B Assessments should be levied as provided in this Ordinance and the SAP Update, including the assessment rolls attached thereto as Appendix C-1 (the "Part B Assessment Rolls"); and WHEREAS, the Council further finds that there were no objections or evidence submitted to the Town Secretary in opposition to the SAP Update, the allocation of the costs of the Improvement Project B Improvements as described in the SAP Update, the Part B Assessment Rolls or the levy of the Part B Assessments; and WHEREAS, the Council closed the hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the Town, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PID Act; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Section 1. Terms. Terms not otherwise defined herein are defined in the Service and Assessment Plan. Section 2. Findings. The Council hereby finds, determines and ordains, as follows: Ordinance 843 Page 3 of 8 (a) The recitals set forth in the WHEREAS clauses of this Ordinance are true and correct and are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section and constitute findings of the Council acting in its discretionary, legislative capacity. (b) All actions of the Town in connection with the creation and establishment of the District and the approval of this Ordinance: (i) have been taken and performed in compliance with the PID Act and all other applicable laws, policies and procedures; (ii) have been taken and performed in a regular, proper and valid manner; and (iii) are approved and ratified. (c) The apportionment of the Actual Costs of the Improvement Project B Improvements (as reflected in the SAP Update, and the Administrative Expenses pursuant to the SAP Update) is fair and reasonable, reflects an accurate presentation of the special benefit each assessed Parcel will receive from the construction of the Improvement Project B Improvements identified in the SAP Update, and is hereby approved. (d) The SAP Update covers a period of at least five years and defines the annual indebtedness and projected costs for the Improvement Project B Improvements. (e) The SAP Update apportions the Actual Costs of the Improvement Project B Improvements to be assessed against certain property in the District and such apportionment is made on the basis of special benefits accruing to such property because of the Improvement Project B Improvements. (f) All of the Part B Assessed Property being assessed in the amounts shown on the Part B Assessment Rolls will be benefited by the Improvement Project B Improvements proposed to be constructed as described in the SAP Update, and each assessed Parcel will receive special benefits equal to or greater than the total amount assessed for the Improvement Project B Improvements. (g) The method of apportionment of the Actual Costs of the Improvement Project B Improvements and Administrative Expenses set forth in the SAP Update results in imposing equal shares of the Actual Costs of the Improvement Project B Improvements and Administrative Expenses on property similarly benefited, and results in a reasonable classification and formula for the apportionment of the Actual Costs. (h) The SAP Update has been prepared on behalf of, presented to, and reviewed by the Council and should be approved as an update to the Original SAP, and the Service and Assessment Plan shall be the service plan and assessment plan for the District for all purposes as described in Sections 372.013 and 372.014 of the PID Act. Ordinance 843 Page 4 of 8 (i) The Part B Assessment Rolls should be approved as the assessment rolls for the Part B Assessed Property. (j) The provisions of the SAP Update relating to due and delinquency dates for the Part B Assessments, interest on any Annual Installment Part B, interest and penalties on delinquent Part B Assessments and any delinquent Annual Installment Part B, and procedures in connection with the imposition and collection of Part B Assessments should be approved and will expedite collection of the Part B Assessments in a timely manner in order to provide the services and improvements needed and required for the area within the District. (k) A written notice of the date, hour, place and subject of this meeting of the Council was posted at a place convenient to the public for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. Section 3. SAP Update. The SAP Update is hereby accepted and approved as an update to the Original SAP, and the Service and Assessment Plan shall be the service plan and the assessment plan relating to the Improvement Project B Improvements. The Service and Assessment Plan shall be updated by the Council no less frequently than annually as required by the PID Act and more frequently as may be required by the Service and Assessment Plan including upon the issuance of bonds. Section 4. Part B Assessment Rolls. The Part B Assessment Rolls are hereby accepted and approved pursuant to Section 372.016 of the PID Act as the assessment rolls of the Part B Assessed Property for all purposes. Section 5. Levy and Payment of Part B Assessments for Costs of the Improvement Project B Improvements. (a) The Council hereby levies the Part B Assessments on each Part B Assessed Property, as shown and described in the SAP Update and the Part B Assessment Rolls, in the respective amounts shown in the SAP Update as a special assessment as set forth in the Part B Assessment Rolls. (b) The levy of the Part B Assessments shall be effective on the date of execution of this Ordinance and strictly in accordance with the terms of the SAP Update and the PID Act. (c) The collection of the Part B Assessments shall be as described in the SAP Update and the PID Act. Ordinance 843 Page 5 of 8 (d) Each Part B Assessment may be prepaid in whole or in part at any time without penalty or may be paid in annual installments pursuant to the terms of the SAP Update. (e) Each Part B Assessment shall bear interest at the rate or rates specified in the SAP Update. (f) Each Annual Installment Part B shall be collected each year in the manner set forth in the SAP Update. (g) The Administrative Expenses for the Part B Assessed Property shall be calculated pursuant to the terms of the SAP Update. Section 6. Method of Assessment. The method of apportioning the Actual Costs of the Improvement Project B Improvements and Administrative Expenses is set forth in the SAP Update. Section 7. Penalties and Interest on Delinquent Part B Assessments. Delinquent Part B Assessments shall be subject to the penalties, interest, procedures and foreclosure sales set forth in the SAP Update and as allowed by law. Section 8. Prepayments of Part B Assessments. As provided in the SAP Update, the owner of any Part B Assessed Property may prepay the Part B Assessments levied by this Ordinance. Section 9. Lien Priority. The Council and the owners of the Part B Assessed Property intend for the obligations, covenants and burdens on the Part B Assessed Property, including without limitation such landowners' obligations related to payment of the Part B Assessments and any Annual Installment Part B, to constitute covenants that shall run with the land. The Part B Assessments and the Annual Installment Part B which are levied hereby shall be binding upon the owners of the Part B Assessed Property, and their respective transferees, legal representatives, heirs, devisees, successors and assigns, regardless of whether such owners are named, in the same manner and for the same period as such parties would be personally liable for the payment of ad valorem taxes under applicable law. Part B Assessments shall have lien priority as specified in the Service and Assessment Plan and the PID Act. Section 10. Applicability of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code, as amended, shall be applicable to the imposition and collection of Part B Assessments by the Town. Section 11. Filing in Land Records. Ordinance 843 Page 6 of 8 The Town Secretary is directed to cause a copy of this Ordinance, including the SAP Update and/or the Part B Assessment Rolls, to be recorded in the real property records of Tarrant County, Texas. The Town Secretary is further directed to similarly file each Annual Service Plan Update approved by the Council. Section 12. Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity or any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 13. Effective Date. This Ordinance shall take effect, and the levy of the Part B Assessments, and the provisions and terms of the SAP Update shall be and become effective upon passage and execution hereof. [Remainder of page left blank intentionally] Ordinance 843 Page 7 of 8 PASSED AND ADOPTED BY THE COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THIS THE 29th DAY OF JANUARY, 2018. TOWN OF WESTLAKE, TEXAS Laura Wheat, Mayor ATTEST: [Town Seal] __ Kelly Edwards, TRMC, MMC, Town Secretary STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the ____ day of _______________, 2018 by Laura Wheat and Kelly Edwards, the Mayor and Town Secretary, respectively, of the Town of Westlake, Texas on behalf of said Town. Notary Public, State of Texas (SEAL) Ordinance 843 Page 8 of 8 Exhibit A SAP Update Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Consideration of a Resolution authorizing the Mayor to enter into a Reimbursement Agreement with the Developer of Town of Westlake Solana PID, commonly known as Entrada Development for construction of Improvement Project B, the Public Parking Garage, in the amount of $2,425,000. STAFF CONTACT: Tom Brymer, Town Manager Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 29, 2018 Completion Date: January 29, 2018 Funding Amount: N/A Status - N/A Source - N/A Page 2 of 3 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Solana Public Improvement District (PID) for the Entrada development was created by Resolution 14-07 by Town Council on February 24, 2014. In order to levy the assessment on property within the PID required to service the PID bonds, Town Council adopted Ordinance No. 741 approving the Solana Pubic Improvement District Service and Assessment Plan and Assessment Roll. Sections 372.013 and 372.014 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) require that Service and Assessment Plans (SAP) and Assessment Rolls to be reviewed and updated annually which requires Council approval. Council approved Ordinance 752 that provided the first annual update to the SAP at the September 21, 2015 Regular Council meeting. The second update to this SAP was approved by the Council via Ordinance 796 on September 19, 2016. The third annual SAP Update was approved by the Council via Ordinance 838 on November 27, 2017 to issue the 2017 PID invoices to property owners for PID assessments due January 31, 2018. The levy of Assessment Part B for Improvement Project B, the public parking garage, in the Solana PID was deferred until horizontal public improvements (water, sewer, storm drain, utilities, paving, etc.) were substantially complete to service the vertical construction of the parking garage. This is a public parking garage located near the restaurant row and amphitheatre in the Entrada development. The previous Agenda item is an Ordinance of the Town Council that will update the Service and Assessment Plan of the Town of Westlake Solana PID and Assessment Roll to include the levy of Assessment Part B for Improvement Project B. The total cost of the parking garage is $6,815,000, however the reimbursement amount, and thus the levy of assessment amount, is only $2,425,000, which is allocated over the entire Entrada Improvement Area #1 (this does not include the single family residential area. This Reimbursement Agreement was contemplated by all the Parties, but was deferred with the deferral of the construction and levy of assessments for the parking garage. The Reimbursement Agreement principal and interest is payable to the Developer during the 30 year repayment term, and will accrues interest for the first 5 years commiserate with the current Project A bonds, then after 5 years, the interest rate will drop to the Statutory limitation of 2% over the bond index. This Reimbursement Agreement was modeled after the existing Reimbursement Agreement for Project A (horizonal infrastructure not covered by the Bonds.) The Reimbursement Agreement includes language similar to the first Reimbursement Agreement that, solely at the discretion of Council, the Town may elect to refund the Reimbursement Agreement with bonds at a later date. The Town’s Financial Advisor, Bond Counsel, Economic Development Consultant and Town Attorney have reviewed and signed off on this Reimbursement Agreement. At the time of the writing of this memo, there has been no comment from Developer’s counsel. RECOMMENDATION Page 3 of 3 Recommend approving the Resolution authorizing the Mayor to enter into a Reimbursement Agreement with the Developer of Town of Westlake Solana PID, for construction of Improvement Project B in the amount of $2,425,000. ATTACHMENTS 1. Resolution authorizing the Mayor to enter into the Reimbursement Agreement 2. Reimbursement Agreement with the Developer for $2,425,000 (note: this is still being drafted and reviewed by the Town’s counsel and the developer’s counsel at the time of agenda packet preparation. This reimbursement agreement will be sent to the Town Council under separate cover or present at the Council meeting. Resolution 18-06 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-06 A RESOLUTION AUTHORIZING THE TOWN MAYOR TO ENTER INTO THE SOLANA PUBLIC IMPROVEMENT DISTRICT ASSESSMENT PART B REIMBURSEMENT AGREEMENT WITH THE TOWN OF WESTLAKE, TEXAS (THE “TOWN”) AND MRW INVESTORS, LLC, A TEXAS LIMITED LIABILITY COMPANY (“THE DEVELOPER”) TO BE EFFECTIVE JANUARY 29, 2018 FOR $2,425,000 FOR IMPROVEMENT PROJECT B, WHICH INCLUDES A PARKING GARAGE. WHEREAS, the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended (the "Act"), authorizes the Town Council (the "Council") of the Town of Westlake, Texas (the "Town"), to create a public improvement district within the Town; and WHEREAS, on February 24, 2014, the Council conducted a public hearing to consider a petition received by the Town on October 18, 2013 titled "Petition for the Creation of a Public Improvement District Within the Town of Westlake, Texas, for the Solana Public Improvement District" requesting the creation of a public improvement district; and WHEREAS, on February 24, 2014, the Council approved Resolution No. 14-07 (the "Authorization Resolution"), authorizing, establishing and creating the Solana Public Improvement District (the "District"); and WHEREAS, on January 15, 2015, the Council adopted Ordinance No. 741 which, among other matters, approved and accepted the Solana Public Improvement District Service and Assessment Plan (the "SAP") and levied assessments on certain assessable property in the District; and WHEREAS, on January 29, 2017, the Council passed and approved Ordinance No. 843 (the "Part B Assessment Ordinance"), which Part B Assessment Ordinance (i) approved an update to the SAP entitled Solana Public Improvement District Annual Service Plan Update - Assessment Part B (the "SAP Update") and (ii) levied the Assessment Part B against all assessable property in the District (the "Part B Assessed Property") benefitting from Improvement Project B improvements (the "Improvement Project B Improvements") in the amount noted on the Assessment Roll for Assessment Part B attached as an Appendix to the SAP Update; and WHEREAS, capitalized terms used in this Agreement and not otherwise defined shall have the meanings given to them in the SAP and the SAP Update; and WHEREAS, all Assessment Part B revenues (the "Assessment Part B Revenues") shall be deposited into an Assessment Part B project fund segregated from all other funds of the Town (the "Project Fund") as further described herein; and WHEREAS, the Project Fund shall be used to reimburse the Developer as set forth in this Agreement and subject to the provisions of any trust indenture (each a "Bond Indenture") relating Resolution 18-06 Page 2 of 2 to any bonds issued for Improvement Project B (the "Improvement Project B Bonds"), if any are issued, to pay the Reimbursement Amount (hereinafter defined); NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That The Town of Westlake Town Council hereby authorizes the Mayor to enter into the Solana Public Improvement District Assessment Part B Reimbursement Agreement with the Town of Westlake, Texas (the “town”) and MRW Investors, LLC, a Texas limited liability company (“the developer”) to be effective January 29, 2018 for $2,425,000 for Improvement Project B, which includes a parking garage. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 29TH DAY OF JANUARY 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, January 29, 2018 TOPIC: Discussion and consideration of amendments to Chapter 62-Planning, Article III-Comprehensive Plan Implementation, adding a section providing clarification of zoning application requirements that require the applicant to demonstrate compliance with the Comprehensive Plan. STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item involves the final adoption of a proposed policy presented to the Planning and Zoning Commission on September 18, 2017 and to the Town Council on December 11, 2017. The proposed policy specifically addresses new residential housing development in the Town and would serve to sharpen the focus of existing Comprehensive Plan objectives related to new residential development. A critical tenant of the proposed policy is to place the onus on the developer to prove that their proposed development is consistent with the recommendations of the Comprehensive Plan. Also, given the lack of improved Town services in certain portions of the community including, but not limited to, utilities, roads, open space and stormwater infrastructure, this policy would seek to discourage piecemeal, ill-conceived land development proposals that are not characteristically holistic and benefit the whole community. As drafted, the policy will be added to Chapter 62, Article III, which already provides policies detailing implementation of the Comprehensive Plan as applied to new development applications. PROPOSED POLICY The proposed policy as drafted reads as follows: “Sec. 62-58. – Zoning requests involving new residential developments - plan review/development request processing. Notwithstanding any other provisions contained in Article III, the following policy shall serve as a review template to Town staff for any proposed development that meets the criteria contained specifically in this subsection. In order to more effectively analyze compliance with the comprehensive plan and ensure its effective implementation, for any rezoning request involving any zoning change to a zoning category, including PD zoning, that includes a residential use wherein the proposed zoning yields the ability to produce a higher density of residential units at or above the current zoning of the property and/or involves a rezoning from a non-residential use to a residential use, the following standards must be met upon the submittal of an application for a change of zoning: (1) The proposed zoning shall be to a PD district as defined in the zoning regulations; (2) The proposed zoning application shall, at a minimum, include the following: a. Water and sewer utility service plan that demonstrates an acceptable level of service from Town owned water utilities; b. A stormwater management and infrastructure plan; c. Traffic impact analysis and access control plan; d. Landscaping/Open space/trail plan; e. Tree mitigation plan; f. Detailed proposed design standards generally demonstrating compliance with all building standards of the Town, including the Building Quality Manual, adopted by separate resolution, along with any other adopted design policies and requirements applicable to the proposed development; g. A written analysis and demonstration of compliance with Comprehensive Plan recommendations including the housing recommendations contained in the Land Use Plan and the Housing Plan; h. A transfer of development intensity (TDI) proposal (if applicable); i. If any waivers and/or deviations from this policy, the Comprehensive Plan or the Code of Ordinances are proposed, a detailed explanation of each waiver/deviation is required. (3) No application for a zoning change, as applicable to this policy, shall be processed for consideration until the requirements of this policy are met.” BUILDING QUALITY MANUAL The proposed policy requires that a new development generally comply with the Building Quality Manual, which was produced by Mesa Planning and was presented to both the Commission and Council on the dates noted above. However, staff is currently working on final clean-up items related to the manual as part of a final, comprehensive review and it is not ready for final adoption at this time. When ready, the manual will be forwarded to the Council for adoption by resolution. That said, given the manual’s status as pending policy document, the draft manual may, nonetheless, still be utilized at any time by Town staff as part their analysis of any pending or future rezoning requests including final recommendations. SUMMARY AND RECOMMENDATION Staff recommends approval of the policy. The effect of Council approval of the proposed ordinance amendment would be that all pending and future residential rezoning requests as defined in the policy would be subject to the provisions of the policy effective immediately. 1. Ordinance XXX Ordinance 844 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 844 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 62, PLANNING, ARTICLE III, BY ADDING SEC. 62-58 COMPREHENSIVE PLAN IMPLEMENTATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake is a general law Town; and WHEREAS, on March 2, 2015, the Town Council adopted a Comprehensive Plan (the Forging Westlake 2015 Comprehensive Plan); and WHEREAS, on March 27, 2017 the Town Council adopted Section 62, Article III- Implementation of the Comprehensive Plan; and WHEREAS, Article III specifies policies, standards, and procedures related to the review and approval of zoning requests, development proposals, development plans, and construction permit plans; and WHEREAS, the rapid pace of incoming development that the Town is now experiencing makes it necessary to clearly state these policies and how they will be applied to Town growth going forward; and WHEREAS, as part of the review of new residential rezoning requests, a new section to Article III is hereby added providing clarification for information needed from a proposed developer in order to ensure development compliance with the Comprehensive Plan and other related development policies adopted by the Town; and WHEREAS, the economic development, the health, safety and welfare and the general planning will be furthered by establishment of these policies, standards, and procedures; and WHEREAS, upon recommendation of the Planning and Zoning Commission, 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 this amendment to the Town’s Code of Ordinances should be approved and adopted; and WHEREAS, the Council believes it is in the interests of the Town, present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance’ which the Council has determined to be consistent with the Forging Westlake 2015 Comprehensive Plan and the intent of its various other plan elements; and Ordinance 844 Page 2 of 3 WHEREAS, upon the recommendation of the Planning Department, 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 OREDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 62, Planning, Article III, Comprehensive Plan Implementation, is hereby amended by adding the following section: Sec. 62-58. – Zoning requests involving new residential developments - plan review/development request processing. Notwithstanding any other provisions contained in Article III, the following policy shall serve as a review template to Town staff for any proposed development that meets the criteria contained specifically in this subsection. In order to more effectively analyze compliance with the comprehensive plan and ensure its effective implementation, for any rezoning request involving any zoning change to a zoning category, including PD zoning, that includes a residential use wherein the proposed zoning yields the ability to produce a higher density of residential units at or above the current zoning of the property and/or involves a rezoning from a non-residential use to a residential use, the following standards must be met upon the submittal of an application for a change of zoning: (1) The proposed zoning shall be to a PD district as defined in the zoning regulations; (2) The proposed zoning application shall, at a minimum, include the following: a. Water and sewer utility service plan that demonstrates an acceptable level of service from Town owned water utilities; b. A stormwater management and infrastructure plan; c. Traffic impact analysis and access control plan; d. Landscaping/Open space/trail plan; e. Tree mitigation plan; f. Detailed proposed design standards generally demonstrating compliance with all building standards of the Town, including the Building Quality Manual, adopted by separate resolution, along with any other adopted design policies and requirements applicable to the proposed development; g. A written analysis and demonstration of compliance with Comprehensive Plan recommendations including the housing recommendations contained in the Land Use Plan and the Housing Plan; h. A transfer of development intensity (TDI) proposal (if applicable); i. If any waivers and/or deviations from this policy, the Comprehensive Plan or the Code Ordinance 844 Page 3 of 3 of Ordinances are proposed, a detailed explanation of each waiver/deviation is required. (3) No application for a zoning change, as applicable to this policy, shall be processed for consideration until the requirements of this policy are met. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 5: 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 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 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 29th DAY OF JANUARY 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 29, 2018 TOPIC: Discussion and consideration regarding the appointment of a member and the appointment of an alternate member to the Planning & Zoning commission. STAFF CONTACT: Tom Brymer, Town Manager Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Encourage Westlake's Unique Sense of Place Strategic Initiative Comprehensive Plan Project Review Time Line - Start Date: January 24, 2018 Completion Date: January 29, 2018 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Discussion regarding Mr. Ryan Groce’s appointment and the appointment of an Alternate member. Page 2 of 2 RECOMMENDATION Review the current board members and advise staff how to proceed. Planning & Zoning Commission (2 yr terms) (2nd Alt 09/16/13) Member New Term Expires Ryan Groce June-19 Greg Goble June-18 Michelle Lee June-19 Liz Garvin June-18 Tim Brittan June-19 Ken Kraska (Alt 2) - June-19 Sharon Sanden (Alt) June-18 ATTACHMENTS None EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract e. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Solana Public Improvement District’s Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance Town Council Item # 10 – Executive Session Town Council Item # 11 – Reconvene Council Meeting NECESSARY ACTION a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Water contract e. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Solana Public Improvement District’s Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance Town Council Item #12 – Necessary Action FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Town Council Item # 13 – Future Agenda Items Town Council Item # 14 – Adjournment Regular Session