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Ord 467 Amending the Unified Development Code adding Wind Turbines
TOWN OF WESTLAKE ORDINANCE NO. 467 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE, ARTICLE IV, PERMISSIBLE USES, SECTION 14, WIND TURBINES, AND ARTICLE XVI, DEFINITIONS, SECTION 2, WORDS AND TERMS DEFINED, FOR THE PURPOSE OF DEFINING AND PROHIBITING THE CONSTRUCTION OF WIND TURBINES IN THE TOWN OF WESTLAKE; REPEALING ALL PROVISIONS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the town of Westlake, Texas Adopted a comprehensive Zoning Ordinance; and WHEREAS, on September 15, 1997, based upon the recommendations of the Planning and zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for the Town of Westlake (the "Town"); and WHEREAS, the Town has published notice in an official newspaper, all in accordance with the notice of provisions of Chapter 211 of the Local Government Code of Texas; and WHEREAS, the Town has proposed this zoning change to the Comprehensive Zoning Ordinance of the Town and has received a report from the Planning and Zoning Commission of the Town, as required by State statutes and the conditions and prerequisites have been complied with, the case having come before the Board of Aldermen (Board) of the Town after all legal notices, requirements, conditions and prerequisites have been complied with; and WHEREAS, the amendment to the Unified Development Code is necessary to provide for consistent definition and regulation of structures located within the Town and to preserve and protect the health, safety and welfare of the citizens of the Town of Westlake; and WHEREAS, the construction of wind turbine generators represents significant damage to the pristine natural views of the rolling hills of the Town of Westlake NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby deemed true and correct and adopted into the body of this Ordinance in their entirety. SECTION 2: That the Comprehensive Zoning Ordinance of the Town be amended by amending Article IV, Permissible Uses, for the purpose of adding a new Section .14, Wind Turbines, as follows: SECTION 14 WIND TURBINES 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 rotational, 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. SECTION 3: That the Comprehensive Zoning Ordinance of the Town be amended by adding the following to Article XVI, Definitions, Section 2, Words and Terms Defined: Wind Turbine. Any of various machines used to produce electricity by converting the kinetic energy of wind to rotational, 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. SECTION 4: If any portion of this Ordinance shall, for any reason, be declared invalid by any court or competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Board hereby determines that it would have adopted this Ordinance without the invalid provision. SECTION 5: This Ordinance shall be cumulative of all other Ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 6: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more that Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7: This Ordinance shall take effect immediately from and after its passage. PASSED ON THE 13" DAY OF DECEMBER 2004. Scott Bradley, Mayor ATTEST: d G nger osswy, Town Sec ary Trent O. Petty, Town Manager Town of Westlake Unfed Development Code TABLE OF CONTENTS ARTICLE 1. GENERAL PROVISIONS SECTION 1 SHORT TITLE ..................................................................... 2 SECTION 2 AUTHORITY .......................................... ....... 2 ......................... SECTION 3 JURISDICTION ........................................................................... 2 SECTION4 PURPOSES ............................................................................... 2 SECTION 5 EFFECTIVE DATE AND APPLICABILITY ........................................ 3 SECTION 6 APPLICABILITY OF EXISTING REGULATIONS ............................... 3 SECTION 7 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 11. AUTHORITY AND ADMINISTRATIVE PROCEDURES SECTION 1 GOVERNING BODY ......................................................................3 SECTION 2 SEQUENCE OF REVIEW .............................................................. 3 SECTION 3 BOARDS, COMMISSIONS, AGENCIES/APPOINTMENT, TERM, AND PROCEDURES........................................................................... 3 SECTION 4 INITIATION OF ADMINISTRATIVE PROCEDURES ............................4 SECTION 5 SUBMITTAL AND ACCEPTANCE ................................................. 4 SECTION 6 AUTHORITY TO INITIATE A REQUEST ...........................................4 SECTION 7 APPLICATION WITHDRAWAL .......................................................4 SECTION 8 CONDUCT OF PUBLIC HEARINGS ................................................ 5 SECTION 9 PUBLIC HEARING — PLANNING AND ZONING COMMISSION.......... 6 SECTION 10 PUBLIC HEARING — BOARD OF ALDERMEN ................................ 7 SECTION 11 PLANNING AND ZONING COMMISSION ......................................... 9 SECTION 12 BOARD OF ADJUSTMENT ...........................................................10 SECTION 13 TOWN PLANNER ........................................................................14 SECTION 14 CHIEF BUILDING OFFICIAL ............................ ..........15 ................... SECTION 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 Development Code ARTICLE 111. ZONING DISTRICTS AND MAPS SECTION I ZONING MAP 2 SECTION 2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES........... 3 SECTION 3 PURPOSE OF ZONING DISTRICTS ................................................ 4 SECTION 4 REGULATIONS APPLICABLE TO ALL DISTRICTS ......................... 5 SECTION 5 LISTING OF APPROVED PLANNED DEVELOPMENTS .................... 6 SECTION 6 LISTING OF APPROVED SPECIFIC USE PERMITS ......................... 6 SECTION 7 ZONING UPON ANNEXATION ...................................................... 6 ARTICLE IV. PERMISSIBLE USES SECTION 1 LAND USE SCHEDULE 3 SECTION 2 ACCESSORY USES AND STRUCTURES 4 ........................................ SECTION 3 SPECIFIC USE PERMITS (SUP) ................................................... 4 SECTION 4 FLOOD PLAIN AREAS 6 SECTION 5 TEMPORARY STRUCTURES 7 SECTION 6 WIRELESS COMMUNICATIONS FACILITIES .................................. 7 SECTION 7 , FARM ANIMALS AND HORSES ....................................................16 SECTION 8 SERVANTS/CARETAKERS QUARTERS .........................................16 SECTION 9 TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS ANDVISITORS ........................................................................... 16 SECTION 10 UTILITY DISTRIBUTION LINES .....................................................17 SECTION 11 ACCESS TO ROADWAYS ............................................................17 SECTION 12 NEW AND UNLISTED USES .........................................................17 SECTION 13 PRIVATE WATER WELLS ............................................................17 SECTION 14 WIND TURBINES ........................................................................ 18 ARTICLE V. ZONING DISTRICT DEVELOPMENT STANDARDS SECTION 1 GENERAL .......... ........................................................................ . 4 SECTION 2 RESIDENTIAL DISTRICTS — GENERAL .......................................... 5 SECTION 3 COMMERCIAL DISTRICTS - GENERAL .......................................... 6 SECTION 4 DISTRICT DEVELOPMENT STANDARDS ........................................ 6 December 13, 2004 Table of Contents Page 2 Town of Westlake Unified Development Code ARTICLE VI. PARKING AND LOADING STANDARDS SECTION1 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 .................... SECTION 3 OUTDOOR LIGHTING ........................................... SECTION4 NOISE...................................................................................... 7 SECTION 5 SMOKE AND PARTICULATE MATTER ................................... SECTION 6 ODOROUS MATTER...................................................................9 SECTION 7 TOXIC AND NOXIOUS MATTER ........................................... SECTION 8 VIBRATION ................ ..............10 ................................. SECTION 9 FIRE OR EXPLOSIVE HAZARD MATERIAL ............... SECTION 10 AIR AND WATER OUTLETS AT GASOLINE SERVICE STATIONS... 11 December 13, 2004 Table of Contents Page 3 ARTICLE Vlll. LANDSCAPE SECTION 1 PURPOSE AND APPLICABILITY SECTION 2 ................................................... 2 PROCEDURES ....................................... SECTION 3 LANDSCAPE DEVELOPMENT SECTION 4 .......................................................2 IRRIGATION REQUIREMENTS SECTION 5 .....................................................30 LANDSCAPE COMPLETION REQUIREMENTS SECTION 6 ...............................30 LANDSCAPE MAINTENANCE REQUIREMENTS ..............................31 December 13, 2004 Table of Contents Page 3 Town of Westlake Unified Development Code ARTICLE IX. TREE PRESERVATION SECTION I PURPOSE AND INTENT ............................................................... 2 SECTION 2 APPLICABILITY 2 SECTION 3 TREE REPLACEMTN REQUIREMENTS .......................................... 3 SECTION 4 TREE PROTECTION 4 SECTION 5 TREE PRUNING RESTRICTIONS ................................................... 8 SECTION 6 TREE PLANTING RESTRICTIONS ..................................................9 SECTION 7 TREE REMOVAL PERMIT REVIEW AND APPROVAL PROCESS ........ 9 SECTION 8 ENFORCEMENT 11 ARTICLE X. SIGN STANDARDS SECTION I PURPOSE 3 SECTION 2 OBJECTIVE 3 SECTION 3 GENERAL PROVISIONS 3 .............................................................. SECTION 4 INTERPRETATION 3 SECTION 5 PROJECTION OVER PUBLIC PROPERTY OR PUBLIC WAY ............. 3 SECTION 6 SIGNS NECESSITATED BY CONSIDERATIONS OF HEALTH, WELFARE AND SAFETY .............................................................. 3 SECTION 7 ALARM DEVICE SIGNS ................................................................ 4 SECTION 8 CONSTRUCTION SIGNS ............................................................... 4 SECTION 9 TEMPORARY SIGN REGULATIONS 4 .............................................. SECTION 10 REMOVAL OF SIGN AND DISPLAY CASES ................................... 5 SECTION 11 TIME LIMITATION OF APPROVED APPLICATIONS ......................... 6 SECTION 12 SIGNS AND DISPLAY CASES WITHIN THE COMMERCIAL DISTRICTS 6 SECTION 13 SIGNS WITHIN THE RESIDENTIAL DISTRICTS ............................... 8 SECTION 14 CONSTRUCTION REQUIREMENTS ..............................................10 SECTION 15 PLACEMENT ON ANOTHER'S PROPERTY ....................................11 SECTION 16 PLACEMENT ON VEHICLES ........................................................11 SECTION 17 PLACEMENT OF OUTDOOR ADVERTISING ON TREES, ROCKS ETC 11 SECTION 18 PROHIBITED ADVERTISING DEVICES .........................................12 SECTION 19 FUNCTIONS OF THE BOARD OF ALDERMEN ...............................12 December 13, 2004 Table of Contents Page 4 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 SECTION1 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 Page 5 Town of Westlake Unified Development Code ARTICLE XIV. FLOODPLAIN SECTION1 PURPOSE.......................................................................................1 SECTION2 APPLICABILITY...............................................................................1 SECTION 3 METHODS OF REDUCING FLOOD LOSSES.........................................1 1 SECTION 4 DEFINITIONS.................................................................................. 1 SECTION 5 GENERAL PROVISIONS.................................................................... 5 SECTION 6 ADMINISTRATION............................................................................5 SECTION 7 FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES ........................ 6 SECTION 8 PROVISIONS FOR FLOOD HAZARD REDUCTION.................................8 2 SECTION 9 VARIANCE PROCEDURES.................................................................9 SECTION 10 FLOODWAYS..................................................................................10 SECTION 11 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 SECTION1 USAGE...............................................................................................1 SECTION 2 WORDS AND TERMS DEFINED.............................................................1 December 13, 2004 Table of Contents Page 6 Town of Westlake Unified Development Code APPENDIX A LIST OF APPROVED PDS APPENDIX B LIST OF APPROVED SUPS APPENDIX C SAMPLE LANDSCAPE PLAN/LANDSCAPE AND IRRIGATION STANDARDS APPENDIX D TOWN'S APPROVED PLANT LIST December 13, 2004 Table of Contents Page 7 Town of Westlake Unified Development Code SECTION1 SHORT TITLE.............................................................................................................1 SECTION2 AUTHORITY................................................................................................................1 SECTION3 JURISDICTION............................................................................................................1 SECTION4 PURPOSES.................................................................................................................1 SECTION 5 EFFECTIVE DATE AND APPLICABILITY.................................................................2 SECTION 6 APPLICABILITY OF EXISTING REGULATIONS.......................................................2 SECTION 7 RELATIONSHIP TO COMPREHENSIVE PLAN, THOROUGHFARE PLAN AND OPENSPACE PLAN...................................................................................................2 SECTION 8 COMPLIANCE WITH CODE REQUIRED...................................................................3 SECTION 9 DIAGRAMS AND DRAWINGS ............................. . SECTION10 SEVERABILITY..........................................................................................................3 16 February 1998 Article 1. General Provisions Table of Contents Page i 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 to 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 (ETJ), 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 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,- 16 and; 16 February 1998 Article 1. General Provisions 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 DATE AND APPLICABILITY The Unified Development 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 requirements 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, shalt be processed under Procedures therein established, and shall be evaluated and approved or disapproved under the standards and requirements contained in such regulations, 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 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. Page 2 Article 1. General Provisions 16 February 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 over any diagram or drawing when any discrepancy exists. The provisions of this section do not extend to concept plans, or site plans which are required and approved under this Code. SECTION 10 SEVERABILITY All sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause or phrase is declare unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence, clause, or phrase of this ordinance to fail or become inoperative. 16 February 1998 Article 1. General Provisions Page 3 Town of Westlake Unified Development Code ARTICLE 11. AUTHORITY AND ADMINISTRATIVE PROCEDURES SECTION 1 GOVERNING BODY .................. 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 ............................ SECTION 6 AUTHORITY TO INITIATE A REQUEST.......................................................... SECTION 7 APPLICATION WITHDRAWAL ................................. SECTION 8 CONDUCT OF PUBLIC HEARINGS ............................ 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 ..................... 9.1 Planning and Zoning Commission Authority ................................................. 9.2 Commission Recommendation ....................... 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 .................................... SECTION 11 PLANNING AND ZONING COMMISSION..................................................:. 11.1 Creation and Membership ................ 11.2 Powers and Duties.......................................................................................................7 SECTION 12 BOARD OF ADJUSTMENT............................................................................. 12.1 Organization...............7 ......................................... 12.2 Procedures... 12.3 Jurisdiction.................................................... 12.4 Criteria for Granting Variances.................................................................... 12.5 Actions of the Board.. .............. .............................................. ..... 12.6 Appeals on Same Matter..............................11 .................. 12.7 Effective Date .................................................... 12.8 Appeal from Board .................................................... . 16 February 1998 Article If. Authority and Administrative Procedures Table of Contents 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 ll. Authority and Administrative Procedures Table of Contents 16 February 1998 Town of Westlake Unified Development Code 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 commissions, 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 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. 16 February 1998 Article it. Authority and Administrative Procedures Page 1 Town of Westlake Unified Development Cade SECTION 4 INITIA71ON OF ADMINISTRATIVE PROCEDURES All platting, zoning and site plan requests to be considered by the Planning and Zoning Commission and/or the Board of Aldermen, shall be initiated by filing an application with the Town. All requests for building permits shalt 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 SUBMITTAL 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 required application and pays 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 Aldermen per Section 12 of this Article, or by an officer, or appropriate board of the Town. SECTION 7 APPLICATION WITHDRAWAL Any request for withdrawal of an application must be submitted in writing to the Town Secretary. Once an application for a platting, zoning, or site plan request to be considered 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 provision of this Code or the ordinances of the Town of Westlake, in which case the amount of the overpayment may be refunded to the applicant. Page 2 Article If. 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 time -o later than 60 days from the first or mn-' -�C&nt hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued 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 due to the postponement. F. If the applicant is not present at a meeting where the request is being considered and the request cannot be considered, then an additional fee, as described in 8.2E above, shall also be required. 8.3 Conduct of Public Hearing Subject to the presiding officer's inherent authority to conduct 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 applicant; F. Closure of the public hearing. 16 February 1998 Article ti. 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 X111 of this Code. H. Replats, when such public hearing is required by the provisions of Local Government Code Section 212. 9.2 Commission Recommendation Upon the closure of the public hearing, the Planning and Zoning Commission shall make a recommendation to the Board on the subject application. The Commission may recommend: A. That the request or amendment be approved or enacted; or B. That the request or amendment be approved or enacted as modified to a more restrictive classification or subject to appropriate conditions as permitted by law; or C. That the request or amendment be denied. SECTION 10 PUBLIC HEARING - BOARD OF ALDERMEN 10.1 Authority The Board shall conduct a public hearing and make determinations 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. Variances, special exceptions and appeals. Page 4 Article H. Authority and Administrative Procedures 16 February 1998 Town of Westlake United 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. S. 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 restrictive 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 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 16 February 1998 Article It. 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 determining 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 Aldermen 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 Special 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 Aldermen, 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 permanently 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 regulatio— 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 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. Page 6 Article 11. 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 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 16 February 1998 Article It. Authority and Administrative Procedures Page 7 Torun 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 shall have been filed with such officer, that h+r Acuson 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 district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. C. Non -Conforming Use. Permit the expansion or enlargement of a building occupied by a non -conforming use on the tot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. Upon review of the facts, the Board m ay est. blish 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 discontinuance of non -conforming areas of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Code. Page 8 Article 11. Authority and Administrative Procedures 16 February 1998 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 The Board of Aldermen, acting as the Town's Board of Adjustment, pursuant to the powers conferred upon 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 16 February 1998 Article II_ Authority and Administrative Procedures Page 9 Town of Westlake Unified Development Code C. Such variance will not be contrary to the public interest; and D. 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 have 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. D. 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. Page 10 Article It. Authority and Administrative Procedures 16 February 1998 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 -that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition shall be presented to the court within 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 A. Qualifications. The Town Planner must be a member 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 assistance to the Board of Aldermen and Planning and Zoning Commission concerning exercise of their responsibilities under the Unified Development Code.- 2. ode;2. To develop and recommend to the Planning and Zoning Commission, and the Board of Aldermen, a Comprehensive Plan for the Town or any amendments to the Plan and to propose actions to implement 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 such administrative decisions as are required of the Town Planner by this Code; 6. To perform such other duties as may be prescribed by ordinance or directed by the Board of Aldermen or Planning & Zoning Commission. 16 February 1998 Article Il. Authority and Administrative Procedures Page 11 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 shall 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 evidence to the Board which had not been presented to the Planning and zoning Commission, the Board shall refer the case back to the Planning and Zoning Commission for further hearings to consider the new evidence. Nothing contained herein shall be construed to prohibit anyone from speaking in the public hearing related to changes in zoning. SECTION 16 COMPUTATION OF TIME Unless otherwise specifically provided, the time within which an act is to be done 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, that 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 paper upon him, and the notice or paper is served by mail, three calendar days shall be added to the prescribed time unless otherwise specifically provided. Page 12 Article If. Authority and Administrative Procedures 16 February 1998 Town of Westlake Unified Development Code ARTICLE Ill. ZONING DISTRICTS AND MAPS SECTIONI ZONING MAP ............................................................................................................... I 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 111. Zoning Districts and Maps Page i Table of Contents Town of Westlake Unified Development Code ARTICLE 111. ZONING DISTRICTS AND MAPS SECTION 1 ZONING MAP 1.1 Official Zoning Map A. The Town of Westlake is hereby divided into eleven (11) zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter theredri; is hereby adopted by reference and declared a part of this ordinance. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts "R-5" Country Residential "R-2" Rural Residential "R-1" Estate Residential "R-0.5" Neighborhood Residential "MF" Multi -Family Residential "LR" Local Retail "O" Office Park "O -H" Office Park — Hotel 11 0-1" Office — Industrial Park "PD" Planned Development District "GU" Governmental Use B. The 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 is the Official Zoning Map referred to in ARTICLE /I/ of the Unified Development Code, Ordinance No. _ of the Town of Westlake, Texas" together with the date of adoption of this ordinance." C. When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map by the Town Secretary promptly after the amendment has been approved by the Board of Aldermen, and the change shall note the ordinance number and date that the change was approved. September 23, 2002 Article 111. Zoning Districts and Maps Page 1 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 Zoning 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 pertaining to its adoption or amendment. SECTION 2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES 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 Zoning Map shall be determined by the scale of the map; E. Where physical or cultural features existing 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. Page 2 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) acres (217,800 sq._ xcl ft.) euding all required public dedications (including but not limited 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 terrain. "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 Residential districts are intended to provide an opportunity for rural residential character. It may also be used in areas with steep topographic 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 residential 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 building sites 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 for streets, utilities, drainage, open space and landscaping are met. This district requires approval of a site plan prior to development. 3.2 Commercial Districts "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 requirements 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 consisting of office buildings for business and professional use, research and development complexes, and buildings for accessory uses. Off-street parking and lot coverage requirements are set out in this district. "O -H", Office Park - Hotel District: This district is very similar to the "0" District, but permits hotels and motels, conferencing centers and training facilities, and restaurants in addition to office buildings. September 23, 2002 Article 111. Zoning Districts and Maps Page 3 Town of Westlake Unified Development Code "O/1", 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 4.1 General Regulations The following regulations shall apply to all zoning districts listed in Article III 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. Page 4 Article 111. 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 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. SECTION 7 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. September 23, 2002 Article III. Zoning Districts and Maps Page 5 Town of Westlake Unified Development Code ARTICLE IV. PERMISSIBLE USES SECTION 1 LAND USE SCHEDULE ................................................................ 3 11 Use ofLand and Buildings ............................................................... 4 SECTION 2 ACCESSORY USES AND STRUCTURES ........................................ 4 SECTION SPECIFIC USE PERMITS /SUF1................................................... 4 31 Filing nfanApplication ................................................................... 32 Purpose ........................................... .......................................... 4 33 � nuuuxxy----------------------------4 3'4 Termination ofSpecific Use Permit ................................................... 5 3.5 Prooedurao---------------------------.5 3]6 Amendments to Approved GUPo...................................................... G SECTION FLOOD PLAIN AREAS ................................................................. 6 4.1 Permitted Uses -------------------------�0 4.2 � Dumping, Excavating or Filling Floodplain --------------G 4.3 Local Flooding May Occur inOther Areas .......................................... 8 SECTION TEMPORARY STRUCTURES ......................................................... y 5.1 Cunditionn---------------------------7 SECTION 6 WIRELESS COMMUNICATIONS FACILITIES .................................. 7 8.1 Purpose ..................................................................................... 7 8.2 Oefnitinnx---------------------------.J 6.3 General Regulations ..................................................................... 8 0'4 Permit Requirement ..................................................................... 10 6.5 Residential Zoning Districts ............................................................ 13 U]J Zoning Districts ...................................................... 14 ^ SECTION F�����]��L���0H����E� '''----'-----'—'-----..—..16 71 Grazing Animals ................................................................. ......... 1G 7.2 Other Animals .............................................................................. 1G 7.3 General Conditions ....................................................................... 18 SECTION 8 QUARTERS .......................................... 1S SECTION TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS ANDVISITORS ........................................................................... 16 91 Temporary Accommodations ........................................................... 1G SECTION 10 UTILITY DISTRIBUTION LINES ...................................................... 17 SECTION 11 ACCESS TO ROADWAYS ............................................................. 17 SECTION 12 NEW AND UNLISTED USES .......................................................... 17 121 Review -----------------------------17 12.2 Conditions ................................................................................... 17 December 13.2U04 Article IV. Permissible Uses 1 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 only 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 principal 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 obtaining a "Specific Use Permit" as set forth in this Article. C. The Symbol "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 ancillary to the primary use. D. The symbol "Yes" in the column titled "Site Plan" shall mean that site 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 special 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 zoning district as a principal use. Westlake Land Use Schedule . December 13, 2004 Article IV. Permissible Uses WL - LAND USE SCHEDULE SF Residential Permitted Uses Gov. Commercial R-5 R-2 R-1 R-0.5 X=Permifted,A=Accessory Use,S=SUP GU MF LR 0 0-1 X ........... X AGRICULTURAL USES — - ------- - Hospice X X X X Orchard X X X X X X X X X Plant Nursery (Growing) X X X X X S X Plant N ursury (Retail Sales) X X X S X ----- -- X Farms General (Crops) X X X X X X A X X Farms General (Livestock, Ranch) X S. X X X X - ----- ---- ----- X Veterinarian (Indoor Kennels) ---- - ------ --- X School (Vocational) X S X X Veterinarian (Outdoor Kennels) --------- - ----------- S S S I X X I Stables (Private, Principal Use) S Stables (Private, Accessory Use) ---- -(-As- - ----- Stables- a Business--)- S____ . . . . . . . . .. 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/Customers/Visitors* -------- --- ----- - ---- ------ - ----- --------- - INSTITUTIONAL and ....... GOVERNMENT AL Emergency Ambulance Service X .......... Post Office (Governmental) X X X Mailing Service (Private) X X X Heliport A S -- --- ------- HelistopA 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 X X X X - - -------- ------- ---- ---------------- Sewage Pumping Station X X X X -------- Water Storage Tank (Elevated or X S S S 9/23/2002 / Page 1 -- ----- -- ----- Retirement Home -_ X X Nursing/Convalescent Home X X — - ------- - Hospice X X X -Hospital-, - - ---- - ---------- ---- --------- ------ Psychiatric Hospital S X X - -------- - - - - ------- Clinic S X ----- -- X __1 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 I X X I X 9/23/2002 / Page 1 WL - LAND USE SCHEDULE SF Residential Permitted Uses Gov. Commercial R-5 R-2 R-1 R-0.5 ------------ --- — --- - - X=Permitted,A=Accessory Use,S=SUP -- GU MF LR O O-) Community Center 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 Religious 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 COMMERCIAL USES , - - --- Multifamily (Apartments) X:::: - ----- - - - - --- - - - _ --- --- Offices (General) ----------- - - - X - -- X ------- X -- - - - ----- -- -- Studio ------ --- X X X -- --- _ - -------- --- -- - --- --- -_ -- -- --- Banks and Financial Institutions ---- - -- - ------ X X X - . - --- Information Processing - - ---- - -- .__ ----- X - X - - - - - - - - --- - - -- - Hotel/Motel with Conferencing Facil.. --- -- -- S --- -- X - S - - X Laundry/Dry Cleaning (<3,000 s.f.) X X - - - - - - -- Laundry/Dry Cleaning (Drop/Pick) - --- - X X X Shoe Repair - - - - X -- ---- A A — -- --- - - - Beauty Parlor/Barbershop X A X --------- . _ _.. - - -- -- -- -- ----- Clothing Store --- -- - - --- XX - - -- 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 Gallery X X A Hardware Store X X Sporting Goods X _____ ___-___ --- ---- - - - - - Paint and - --- - -- --- X _..- -- ---- X -Wallpaper -__ Cloth Store X Retail Stores - General X A (Excluding Second Hand Goods) - - - - - - - - - - - - - -- Restaurant/Cafe (GU not for profit) -- A ------- S --- S --. S Restaurant/Cafe with Private Club S X Auto/Truck Parts and Accessories S X Household Furniture/Appliances X X 9/23/2002 / Page 2 WIL - LAND USE SCHEDULE SF Residen 'I Permitted Uses Gov.:' Commercial R-5 R-2 R-1 R-0.5 X=Permitted,A=Accessory Use,S=SUP GU mFTLR 0 0-1 AMUSEMENT /RECREATION See Art. IV Sec. 6 Wireless Communications Facility See Art. IV Sec. 6 ------------ Race Track Operation S 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 Truck/Trailer Rental; S x Auto -Body Repair -__— Quick Lube/Oil Change x x - - ----- ----- Vehicle Maintenance (Private) x x x WHOLESALE TRADE Warehouse/Storage (Inside) x Warehouse/Storage (Outside) S Scrap/Waste Recycling Collection S and/or Storage Gas/Chemical Bulk Storage S Apparel Manufacturing x Packaging and /or Distribution x Printing, Engraving and related x Reproductive Services Distribution of Books/Other Printed x Material Machine Shop S Welding Shop S Signifies Uses with special guidelines see Section [Special Usesl 0/23/2O02/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 without 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 -application 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 initial 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 either 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 established 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 interest of the public welfare and to assure compliance with this ordinance, establish conditions 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. Permissible 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. Termination 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 obtained on the premises within one year from the date the ordinance granting the Specific Use Permit is adopted. C. On any tract of land for which a Specific Use Permit 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. Utilities. Local 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 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 receiving 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 compromised. 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 receives 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, television receive - December 13, 2004 Article IV. Permissible Uses 7 Town of Westlake Unified Development Code only antennas, dish antennas, parabolic antennas or satellite earth station antennas Antenna, Structure Mounted means an antenna attached to an existing 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 which an antenna is attached to something such as a water tank, billboard, church steeple, electrical transmission tower, etc. Antenna, Television means an antenna attached to a structure for the purpose of receiving television transmissions, which are not direct satellite transmissions. 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 vertical plane. Collocation means the act of locating wireless communications equipment owned or used by more than one provider on a single wireless communications facility. Equipment Storage Building means a small, unmanned single story building typically less than 500 square 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 single spire used to support communications equipment or other visible items. No guy wires are used or permitted. Stealth Facility means a wireless communications facility that is virtually unidentifiable to the surrounding neighborhood, which although present is camouflaged to conceal the presence of telecommunications antennas. Stealth facilities may include totally enclosed antennas, wireless communication facilities that replicate or duplicate the construction of common structures such as a man made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification 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 feet 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 communications facility shall, by definition, contain only 1 tower or monopole structure. 6.3 General Regulations A wireless communications facility shall have only the number and size of antennas attached to it that are allowed by the wireless communications facility manufacturer's designs and specifications for maximum wind load requirements. Documentation December 13, 2004 Article IV. Permissible Uses 8 Town of Westlake Unified Development Code shall be provided to the Town at the time of the SUP application for wireless communication facilities. A. SUP Requirement. Unless otherwise provided in this Section 6, all wireless antenna facilities shall require an SUP. B. Location Wireless communication facilities shall not be permitted in any easement unless the holder of such easement has provided written permission. A copy of such written permission shall be submitted with the application for a building permit or Specific Use Permit (SUP), if required. An authorization letter from the holder of the easement providing for the applicant to act as agent for the wireless communications facility application is acceptable. 2. No part of an antenna, wireless 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 auxiliary or outdoor lighting above 20 feet shall be allowed on wireless communication facilities, except lighting that is required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), or lighting that is a function of a light pole or structure erected for that purpose. No lights other than those required by the FAA or FCC shall direct light off the lot on which the wireless communications facility is located. D. Maintenance. Antennas or wireless communication facilities which are not obviously in use or which are obviously in need of maintenance, as determined by the Town Manager or his designee, shall 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, health, property, and public welfare. 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 will be placed on the property to cover removal and administration 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 provisions in the Building Code for a fee as adopted by the Town Board of Aldermen. F. Signs. No signs are permitted to be placed, constructed, attached, or otherwise affixed to any wireless facility, other than a sign that is in full compliance with the Town's sign ordinance. G. Existing and Nonconforming Towers. Pre-existing towers are permitted to continue but may not be expanded. Pre-existing wireless facilities are considered to be non -conforming and, if abandoned or destroyed by 50% of the value of the structure, may not be rebuilt without first complying with this section of the code December 13, 2004 Article IV. Permissible 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 personal 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 communication 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, other 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. 0 25.104, which preempt local zoning or other regulations that differentiate between satellite receive -only antennas and other types of wireless communication facilities, unless such regulations: a. have a clearly defined health, safety or aesthetic objective; and b. further the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition December 13, 2004 Article IV. Permissible Uses 10 Town of Westlake Unified Development Code among competing communications service providers; 7. Unique conditions that govern reception on a lot. D. Conditions for SUP Approval. The Planning and Zoning Commission may recommend approval of an SUP if the following conditions 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 applications for building permits and SUP'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 screening. 7. Provide a notarized statement by the owner and applicant that the structure will accommodate collocation of other users. 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 applicant has tried to collocate 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 commercial, 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 phasing of the plan, if available. 21. Describe the applicant's plan to minimize the number of antennas and wireless communication facilities needed to cover the Town. 22. A written 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 which the facility is to be located. Building permits and SUP's required by this Article shall 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 denial 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 following regulations: 1. Type. An amateur wireless communications facility may be structure attached, monopole, tower or lattice tower. 2. Height and Number. Only 1 ground mounted amateur wireless 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 minimum setback required of an accessory building in the zoning district in which the facility is located. Regardless of the above, the maximum height for an amateur wireless communications facility permitted without an SUP in any residential district shall be 65 feet. However, this height limit does not include any mounted amateur wireless communications facility that does not extend more than 8 feet above a building on which it is mounted; 3. Location. Antennas and amateur wireless communication facilities shall not be permitted in front or 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 Receive -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 complies with the following regulations. A satellite receive -only antenna may be installed without a permit in a residential zoning district if it is less than 1 meter (3.2808 feet) in diameter and conforms to the siting regulations below, which pertain to all satellite receive -only antenna in residential 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. Size. The diameter of a satellite receive -only antenna shall not exceed 10 feet in a residential zoning district. December 13, 2004 Article IV. Permissible 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 residential 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 accessing any wireless communications facility site or equipment storage site shall be constructed in accordance with the construction standards for "temporary fire lanes". 6.6 Non -Residential Zoning Districts Wireless communication facilities 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 communication facilities shall be limited to structure attached and monopoles only; lattice towers are prohibited. B. Height. The height of any wireless 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 will be allowed at the ratio of one half (1/2) foot added in height for each additional 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: 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-residential 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, including 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 shall 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/CARETAKERS 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 visitors may be provided as an ancillary use in commercial zoning districts provided that: December 13, 2004 Article IV. Permissible 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 Child 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 shall 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. Permissible Uses 17 Town of Westlake Unified Development Code SECTION 14 WIND TURBINES 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 rotational, 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 Town of Westlake Unified Development Code ARTICLE V. ZONING DISTRICT DEVELOPMENT STANDARDS SECTION 1 GENERAL.................................................................................. 2 1.1 Non-conformity.............................................................................2 1.2 Open Space................................................................................. 2 1.3 Building Articulation........................................................................2 1.4 Concept Plans and Site Plans...........................................................4 1.5 Lots with Multiple Frontages.............................................................4 1.6 Calculation of Density.....................................................................4 1.7 Sight Distance Easements at Street and Driveway Intersections..............4 1.8 Fences........................................................................................4 SECTION 2 RESIDENTIAL DISTRICTS — GENERAL .......................................... 5 2.1 Exterior Wall Building Materials....................................................... 5 2.2 Accessory Building Setback.............................................................5 SECTION 3 COMMERCIAL DISTRICTS - GENERAL .......................................... 6 3.1 Building Separation....................................................................... 6 3.2 Exterior Wall Building Materials....................................................... 6 SECTION 4 DISTRICT DEVELOPMENT STANDARDS ........................................ 6 4.1 District Development Standards Chart .............................................. 6 4.2 Maximum Building Height............................................................... 8 4.3 Screening of Mechanical Equipment ................................................. 8 September 23, 2002 Article V. Zoning District Development Standards 1 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 unless 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 minimum standards for articulation: 1. Horizontal Articulation: No building wall shall extend for a distance equal 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 equal to at least 25% of the maximum length of the first plane. 2. Vertical Articulation: No horizontal wall shall extend for a distance greater than two times the height of the wall without changing height by a minimum of 15% of the wall's height. September 23, 2002 Article V. Zoning District Development Standards 2 Town of Westlake Unified Development code Figure 1 Building Articulation 40 ft. (2H) Maximum 10 ft. (25% x 2H) Maximum Possible PLANS of Buildings (15•% x H) Maximum � .MROM �� fi aRaRRA 'I IN.3 M7sfi��gq 3�Tr Possible ELEVATIONS of Buildings 3 ft. (15% x H) Max. . . . . . . . . . . . . s September 23, 2002 Article V. Zoning District Development Standards 3 Town of Westlake Unified Development Code 1.4 Concept Plans and Site Plans 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 given 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 within 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 feet in height may be placed within 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 allowed; and 5. fences which are greater than 25% solid masonry shall be considered 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 often (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 all setback requirements for primary structures with the following exception: Sport courts and other recreational facilities such as tennis courts, basketball courts, and similar recreational facilities shall be setback from the side and rear lot lines a minimum of one third of the total width of the lot. B. Accessory buildings on residential lots located behind the rear facade of the primary structure that were constructed prior to April 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 foot 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 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 Wail 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 September 23, 2002 Article V. Zoning District Development Standards Page 7 District Density Min. Lot Size ula, FAR Min. Principal — Building Area Height *ot Width Minimum Setbacks Front Rear Side Side Paving Required Landscaping Requires Site Plan R_5-- R-2 Country Residential (5 ac.) Rural Residential (2 ac.) 217,000 s.f. 1 u/a 2,000 s.f. Bldg. Min. 2.5 st/35' 2.5 st/35' 200 150 50 50 50 50 30 25 87,120 s.f. 1 u/a 2,000 s.f. Bldg. Min. R-1 ----- Estate Residential (1 ac.) — --- -— --- 43,560 s.f. 1 u/a 1,800 s.f. Bldg. Min. 2.5 st/35' 125 40 40 20 -- Neighborhood Residential (.5 a - --- --- .... — --- 21,780 s.f. ---- — --- 1 u/a ------ -- 1,500 s.f. Bldg. Min. - 2.5 st/35' - - — 100 -- 35 --- 35 - — 35 -- - --- ------ -..-.— - — - — MF Multifamily �— — _ 200,000 s.f. 12 - 1,000 s.f. Avg. 2.5 st/35' 200 40* 40* 20* 20%1250 O.S/U yes LR -- -- O — — O -i Local Retail -- --._—. - -- -- Office Park — -- -- - — . Office -Light Industrial Park 40,000 s.f. ----- -- 200,000 s.f. — —_ 200,000 s.f. 0.20:1 — — 0.25:1 0.30:1 2,000 s.f. — - - 3,000 s.f. 3,000 s.f. 000 2.5 st.l35' 2 st/35 --_-- 3 sU50' 200 `— — 200 - -- 175 50* 100* ---- 75* 50* -- 100* — — - -- 50* 0 or 4'* 75* —-------- 50* -- — 2Q% 20% — — 15% � yes -- yes yes GU Planned Develo ment Governmental Use 200,000 s.f. —_—_ No min. [All district regirements are established by the Ordinance creating each PD] 0.25:1 No min. 3 st/50' 200 50 50 25 10 20% yes — * Lot width shall be measured at the minimum setback distance for the district _ ---i:: 1E 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 commercial 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 air 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 building 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 Town of Westlake Unified Development Code Figure 3 Roadway Slope and Residential Slope Setbacks 21 ROADWAYSLOPE. �7/�Y�[�)2}ij���I' .fir' -n I fI y♦�♦ � � �� ?' � �� t!, i .� F FYl f J �+ h Sf7� .rte .fid. ;1-HMIL .IIAE-SLOPE 4*VW OV ff' Comet fdtds?`f' r September 23, 2002 Article V. Zoning District Development Standards 9 Town of Westlake Unified Development Code SECTION1 PURPOSE...................................................................................................................1 1.1 Parking.........................................................................................................................1 1.2 Loading.........................................................................................................................1 SECTION2 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 ............................ 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 Schedule.................................................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 Receptacles....................................................................................11 6.4 Size.... 11 6.5 Off -Street Loading Requirements...............................................................................11 February 16. 1998 Article VI. Parking and Loading Standards Table of Contents Page i Town of Westlake Unified Development Code 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, visitors 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-street/on-site loading facilities by businesses and industry to ensure that the loading and unloading of vehicles will not interfere with traffic flow or block roadways or fire lanes. SECTION 2 APPLICABILITY 2.1 Construction or Creation of Use Any building, improvement, or use of land approved or erected shall include the necessary off-street parking spaces, and require off-street/on-site loading facilities subject to the standards established in this Article. 2.2 Change of Use Whenever any building, improvement, or use of land is proposed to be changed to a new use, the provision of off-street parking and loading shall be required for the new use in accordance with this Article. 2.3 Expansion of an Existing Use If any building, improvement, or use of land is expanded, the provisions for parking and loading shall be provided for the portion of land use and/or building that has been added. 2.4 Renovation or Redevelopment Notwithstanding Subsection 2.2 above, if any building, improvement, or use of land is repaired, renovated, altered, expanded or redeveloped, and the cost of such changes exceed fifty (50%) percent of the fair market value of the building improvement prior to the subject improvements, the parking and loading facilities set forth in this Article shall be made conforming. February 16, 1998 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 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 building or use served; except, off-street parking may also be located as follows: A. Parking May be Located Off-site. When an increase in the number of off-street parking spaces is required by a change or enlargement of use, or where off-street parking spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required off-street parking spaces 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 distance from the land use requiring parking to the off site parking site shall be measured along the shortest legal pedestrian 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 allowed according to the following percentages by time of day: Pae 2 Article V1. Parking and Loading Standards 9 General Provisions February 16. 1998 Town of Westlake Unified Development Code FIGURE 1 PARKING ADJUSTMENT PERCENTAGES BY TIME OF DAY Time of -Day Office Retail Restaurant Theater Hotel 1.00X167= 167 0.97X110= 97 0.50X178= 89 353 12 Noon - 1 PM 0.90X167= 150 6 AM - 12 Noon 1.00 0.97 0.50 0.30 1.00 12 Noon - 1 PM 0.90 1.00 0.70 0.70 0.30 1 PM - 4 PM 0.97 0.97 0.60 0.70 0.45 4 PM - 6 PM 0.47 0.82 0.90 0.80 0.70 6 PM - 8 PM 0.07 0.89 1.00 1.00 1.00 8 PM - 12 Midnight 0.03 0.61 1.00 1.00 1.00 FIGURE 2 JOINT USE PARKING EXAMPLE: 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 / 300 = 167 Retail at 1 space per 200 = 20,000 / 200 = 100 Restaurant at 1 space per 45 = 8,000/45 = 178 445 3. Shared Parking Requirement = Time of Day Office Retail Restaurant TOTAL 6 AM - 12 Noon 1.00X167= 167 0.97X110= 97 0.50X178= 89 353 12 Noon - 1 PM 0.90X167= 150 1.00X100= 100 0.70X178= 125 375 1 PM - 4 PM 0.97X167= 162 0.97X100= 97 0.60X178= 107 366 4 PM -6 PM 0.47X167= 78 0.82X100= 82 0.90X178= 160 320 6 PM - 8 PM 0.07X167= 12 0.89X100= 89 1.00X178= 178 279 8 PM - 12 Midnight 0.03X167= 5 0.61X100= 61 1.00X178= 178 344 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 Vt_ Parkh.,; and Loading Standards General Provisions Page 3 Town of Westlake Unified Development Code 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 terminated 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. Spilt -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 illumination or glare shall not intrude on residential property or create a hazard to motorists on any street, alley or other public way 3.5 Pay Parking Lots No charge may be made for at -grade visitor parking spaces. Page 4 Article Vt. Parking and loading Standards General Provisions February 16, 1998 Town of Westlake Unified Development Code SECTION 4 RESIDENTIAL PARKING 4.1 Lots Less than Five Acres A. Storage of Vehicles. On lots less than five (5) acres, trailers, motor homes, trucks, camper cabins, motorcycles, boats, farm machinery, or similar equipment, shall not be parked or stored on any residential or agricultural lot or the adjacent street except when in conformance with one of the following provisions: 1. Such equipment shall be wholly contained in an enclosed garage or carport; or 2. Such equipment shall be screened from view of public rights-of-way and adjoining properties. Equipment taller than 8 feet above grade shall respect the building setback lines. If located on a lot which is less than 2 acres, it shall be parked on an approved driveway. B. Loading and Unloading. Notwithstanding other requirements of this Section, such equipment may be parked anywhere on a residential, agricultural or commercial premises not to exceed 24 hours for the purpose of loading and unloading only. C. Living or Sleeping. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on any lot not approved for such purposes. February 16, 1998 Article VI_ Parking and Loading Standards Residential Parking Page 5 Town of Westlake Unified Development Code SECTION 5 OFF-STREET PARKING REQUIREMENTS 5.1 Off -Street Parking Requirements 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.f." 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 Parking 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 -;lowed in conjunction with multi -family re - :'_�nual land uses. B. 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 shalt 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 conform to the Access Control Guidelines in the Driveway Ordinance. A driveway conforming 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. Page 6 Article VL Parking and Loading Standards Off -Street Parking Requirements February 16, 1998 FIguce 3 PARKING REQUIREMENT SCHEDULE Permitted Use AGRICULTURAL USES Orchard ra < �' y'�j �" •r ;� No Requirement Plant Nurse (Growing) No Requirement Plant Nurse (Retail Sales) Farms General (Crops) 1 for each 200_square feet, and 1 for each 2,000 square feet of site area No Requirement Farms General (livestock, Ranch) 1 for each 200 square feet of office space Veterinarian (No hospital or clinic) 1 for each 300 square feet Stables (Private, Princi al Use) 1 for each 2 stalls Stables (Private, Accessory Use) No Requirement Stables (As a Business) 1 for each 2 stalls RESIDENTIAL USES Single Family Detached -r 2 for each Dwelling Unit s Single Family Zero Lot Line 2 for each Dwelling Unit Single Family Attached 2 for each Dwelling Unit Du lex 2 for each Dwelling Unit Servants/Caretakers Quarters 1 for each bedroom INSTITUTIONAL and Emer enc Ambulance Service Post Office (Governmental) A.GOVERNMENTALUSESY`c s.r,� t MEMO 1 for each 300 square feet and 1 for each 750 square feet of site area 1 for each 300 square feet and customer service area, plus 1 for each vehicle maintained at the facility, 5 minimum Mailing Service (Private) 1 for each 300 square feet Heliport As determined by the Town Planner Helistop As determined by the Town Planner Telephone Switching Station 1 space Electrical Substation 1 space Utility Shop and Storage 1 space for each 2000 square feet of site area Sewage Pumping Station 1 space ' Retirement Home 1 for each bedroom Nursing/Convalescent Home 1 for each bedroom, and 1 for each employee on the largest shift Hospice Hospital - Acute 1 for each 6 beds, and 1 for each employee on the largest shift 1 for each bed Hos ital - Chronic Ps chiatric Hospital 1 for each 6 beds, and 1 for each employee on the largest shift 1 for each 6 beds Clinic/ Medical or Dentat Office 1 for each 150 square feet Child Daycare (7 or more) 1 for each 10 pupils, plus 1 for each staff member; and a safe area for drop-off and pick-up of pupils School, Elementary (Public or Private) 1 for each 25 students School, Junior (Public or Private) 1 for each 18 students School, High (Public or Private) 1 for'each 5 students School (Vocational) 1 for each student College or University 1 for each 4 day students Community Center 1 for each 200 square feet Civic Club 1 for each 200 square feet Church or Place of Worship 1 for each 4 seats in the sanctuary or auditorium February 16, 1996 Article Vt. Parking and Loading Page 7-1 Petrrtitted Use .. Y„. Government Building___ 1 for each 300 square feet Police Station As determined by the Town Planner Fire Station As determined by the Town Planner Ubrary 1 for each 350 square feet of public area COMMERCIAL USES Multifamily (Apartments) :::;•::::t:::::::;::::::::•::t;:::::::::::::::::,::•::::::::::;::::.:::::.:::..... . ............... :.. 1 for each bedroom Offices (General) 1 for each 300 square feet Studio 1 for each 200 square feet Banks and Financial Institutions 1 for each 300 square feet; 5 stacking spaces for each drive-in unit Information Processing 1 for each 200 square feet Hotel/Motel with Conferencing Facil. 1 for each guest room or residence unit Laundry/DryLaundryMry Cleaning (<3,000 s.f.) 1 for each 300 square feet Laundry/DryLaundry/Dry Cleaning (Drop/Pick) 1 for each 200 square feet Shoe Repair 1 for each 200 square feet Beauty Parlor/Barbershop 1 for each 200 square feet Clothing Store 1 for each 200 square feet Quick Copy/Duplicating Services 1 for each 200 square feet Personal Services 1 for each 200 square feet Grocery 1 for each 200 square feet Convenience Store T for each 200 square feet Service Station 3 for each repair bay, and 1 for each employee Drug Store 1 for each 200 square feet Variety Store 1 for each 200 square feet .Bakery Sales 1 for each 200 square feet Stationary Store 1 for each 200 square feet Antique Shop 1 for each 200 square feet Art Gallery _ 1 for each 500 square feet, 5 spaces minimum Hardware Store 1 for each 200 square feet Sporting Goods 1 for each 200 square feet Paint and Wallpaper _ 1 for each 200 square feet Cloth Store 1 for each 200 square feet Retail Stores - General 1 for each 200 square feet Restaurant/Cafe 1 for each 100 square feet, 4 spaces minimum AutolTruck Parts and Accessories 1 for each 200 square feet Household Furniture/Appliances AMUSEMENT /RECREATION Country Club (Private Membership) _ 1 for each 500 square feet 3 for each Game Court, 5 for each Golf Green, and 1 for each 250 square feet of Assembly area-, 25% of Required Parking may be on a Pervious Surface Golf Course (Public or Private) 5 for each golf green Park or Playground 1 for each 1000 square feet of site area Non-Commercial Radio Tower No Requirement Race Track Operation 1 for each 4 seats, and 1 for each employee on the largest shift Recreation Facility, Health Studio 3 for each game court, and 1 for each 200 square feet of remaining area AUTO SERVICES Truck/Trailer Rental 1 for each 200 square feet, 5 spaces minimum Auto Body Repair 1 for each 300 square feet February 16, 1998 Article Vt. Parking and Loading Page 7-2 Figure 3 PARKING REQUIREMENT SCHEDULE Permitted Use Auto Mechanical Repair 3 for each service bay Quick Lube/Oil Chane 1 for each 200 square feet :: 1 for each 1000 square feet WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) 1 for each 1000 square feet Scrap/Waste Recycling Collection and/or Storage 1 for each 1000 square feet or 1 for each 2 employees, whichever is greater Gas/Chemical Bulk Storage 1 for each 2000 square feet of site area Light Manufacturing/Assembly 1 for each 1000 square feet or 1 for each 2 employees, whichever is greater Apparel Manufacturing 1 for each 200 square feet Packaging and /or Distribution 1 for each 2000 square feet of site area or 1 for each 2 employees, whichever is greater Printing. Engraving and related Reproductive Services 1 for each 300 square feet or 1 for each 2 employees, whichever is greater Distribution of Books/Other Printed Material 1 for each 1000 square feet or 1 for each 2 employees, whichever is greater Machine Shop 1 for each 1000 square feet or 1 for each 2 employees, whichever is greater Welding Shop 1 for each 500 square feet or 1 for each 2 employees, whichever is greater Temporary Batching Plant As determined by the Town Planner February 16, 1998 Article V1. Parking and Loading Page 7-3 Town of Westlake Unified Development Code 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 Loi Required Number of Handicapped Spaces 1-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 201 - 300 7 301-400 8 401-500 9 501-1,000 2 % of Total 1,001 and over 20 Plus 1 for each 100 over 1,000 B. Construction Standards. Parking spaces and facilities intended for use by the handicapped shall be designed and constructed in accordance with the standards established by State Law, Town Ordinances and the American Disabilities Act (ADA). C. Size of Spaces. Accessible parking spaces shall be at least 108 inches wide and shall be served by a pedestrian maneuvering access aisle at least 60 inches wide. The access aisle shall be part of an accessible route 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 served 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 entrance and exit. All such spaces shall be designated "Van Accessible" and may be grouped on one level of a parking structure. Page 8 Article VI. Parking and Loading Standards Off -Street Parking Requirements F ruary 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 "T" intersection of two corridors or walks is an acceptable passing place. February 16, 1998 Article VI. Parking and Loading Standards Off -Street Parking Requirements Page 9 Town of Westlake Unified Development Code FIGURE 5 OFF-STREET PARKING STANDARD DIAGRAM 810" 8.0 12.0 23.0 28.0 - 8'6" ® 8.5 12.0 23.0 29.0 - 910" 9.0 12.0 23.0 30.0 - 9'6" 9.5 12.0 23.0 32.0 - 10'0" 10.0 12.0 23.0 32.0 - 810" 14.0 11.0 23.4 39.0 31.5 8'6" 14.5 11.0 24.9 40.0 32.0 200 910" 15.0 11.0 26.3 41.0 32.5 9'6" 15.5 11.0 27.8 42.0 33.1 1010" 15.9 11.0 29.2 42.8 33.4 810" 16.5 11.0 16.0 44.0 37.1 8'6" 300 16.9 11.0 17.0 44.8 37.4 9.0" 17.3 11.0 18.0 45.6 37.8 9'6" 17.8 11.0 19.0 46.6 38.4 10'0" 18.2 11.0 20.0 47.4 38.7 8'0" 19.1 14.0 11.3 52.2 46.5 8'6" 450 19.4 13.5 12.0 52.3 46.5 910" 19.8 13.0 12.7 52.5 46.5 9'6" 20.1 13.0 13.4 53.3 46.5 10'0" 20.5 13.0 14.1 54.0 46.9 8'0" 20.4 19.0 9.2 59.8 55.8 8'6" 600 20.7 18.5 9.8 59.9 55.6 9'0" 21.0 18.0 10.4 60.0 55.5 9'6" 21.2 18.0 11.0 60.4 55.6 10'0" 21.5 18.0 11.5 61.0 56.0 810" 20.6 20.8 8.5 61.2 58.5 8'6" 700 20.8 19.5 9.0 61.1 58.2 9'0" 21.0 19.0 9.6 61.0 57.9 9'6" 21.2 18.5 10.1 60.9 57.7 10'01' 21.2 18.0 10.6 60.4 57.0 8'0" 20.1 25.0 8.1 65.2 63.8 8'6" 800 20.2 24.0 8.6 64.4 62.9 910" 20.3 24.0 9.1 64.3 62.7 9'6" 20.4 24.0 9.6 64.4 62.7 10'0" 20.5 24.0 10.2 65.0 63.3 8'0" 19.0 26.0 8.0 64.0 - 8'6" 90 19.0 25.0 8.5 63.0 - 9'0" 19.0 24.0 9.0 62.0 - 9'6" 19.0 24.0 9.5 62.0 - 10'0" 19.0 24.0 10.0 62.0 - G F D A. Stall Angle B. Stall Width C. Vehicle Projection for 19' Stall Length D. Aisle Width E. Curb Length Per Car F. Wall to Wall Width for Double Aisle G. Overlap Center to Overlap Center Width for Double Aisle Page 10 Article V1. Parking and Loading Standards Off -Street Parking Requirements February 16. 1998 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 loading 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 property. All lighting facilities shall be placed, masked or otherwise arranged such that illumination or glare shall not intrude on residential property or create a hazard 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 the front wheels 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 overhead utility line. 6.4 Size Loading spaces shall be a minimum of twelve (12) feet in width, sixty-five (65) feet in length, and fourteen (14) feet in height except as required in (4) below. 6.5 Off -Street Loading Requirements Any use that receives or distributes material, supplies or merchandise by motor vehicle shall provide off-street loading space in accordance with the following requirements. February 16, 1998 article Vl. 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.) Minimum Required Loading Spaces 0 to 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+ None 1 2 3 4 5 6 Special Parking Study B. Auditoriums, Exhibitions Halts, Hotels, Restaurants and Sports Arenas. FIGURE 7 RESTAURANTS AND PUBLIC FACILITIES LOADING REQUIREMENTS Gross Floor Area (s. f.) Minimum Required Loading Spaces 0 to 10,000 10,000 to 150,000 150,001 to 300,000 300,001 to 600,000 600,000+ None 2 4 5 Special Parking Study Pae 12 Article VI. Parking and Loading Standards 9 Off -Street Loading Requirements February 16, 1998 ARTICLE VII. PERFORMANCE STANDARDS SECTION1 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 SECTION4 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 Standards...........................................................................................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 SECTION8 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 Page i 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 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 Page 1 Artide VII. Performanoe 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 800 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 residential property line and twenty-five hundredths (0.25) of one foot-candle at any adjoining non-residential property line. D. Mercury Vapor lights and halogen lights are prohibited. E. Shielding shall be required in all outdoor lighting installations as specified below. LampType Low Pressure Sodium (LPS) Shielding Fully Shielded, with 800 cut-off High Pressure Sodium (HPS) Fully Shielded, with 800 cut-off Metal Halide Fully Shielded, with 80° cut-off Halogen Prohibited Mercury Vapor Prohibited Fluorescent Fully Shielded, with 80° cut-off Incandescent Fully Shielded, with 80° cut-off Any light source 50 watts and under Unshielded Permitted Low intensity Neon, Krypton or Argon Discharge Tubes Unshielded Permitted Artide VII. Performance Standards Page 2 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-residential 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 shielded 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 shielded to prevent direct glare Page 3 Artide VU. 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 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 January 22, 2001 Artide VII. Performance Standards Page 4 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. E 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 Page 5 Artide VII. 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 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: January 22, 2001 Artide VII. Performance Standards Page 6 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 10 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. Page 7 Amide VH. 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 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. January 22, 2001 Artide VII. Performance Standards Page 8 F1*"Co1TiE1WTIt 17�tiilOR 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 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. Page 9 Artide VII. Performance Standards January 22, 2001 Town of Westlake Unified Development Code ARTICLE VIII. LANDSCAPE REQUIREMENTS SECTION 1 PURPOSE AND APPLICABILITY........................................................ ......1 1.1 Purpose........................................................ 1 1.2 Applicability...................................................................................................................1 SECTION2 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 Vlll. Landscape Table of Contents Page i Town of Westlake Unified Development Code ARTICLE Vill. 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 Permit. SECTION 2 PROCEDURES 2.1 Prior to Issuing a Building Permit 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 The Board of Alderman may approve variations to requirements set out in this ordinance when approving a Site Plan in which such variations are clearly identified. November 23, 1998 Article Vill. Landscape Purpose and Applicability/Procedures Page 1 Town of Westlake Unified Development Code SECTION 3 LANDSCAPE DEVELOPMENT STANDARDS 3.1 General A. Existing Trees. Existing trees shall be preserved and protected pursuant to the provisions in Article IX Tree Preservation. B. Consistency With Other Pians. 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 open 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 the 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 contribute 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. Page 2 Article Vill. Landscape Landscape Development Standards November 23, 1998 Town of Westlake Unified Development Code B. Location of Town Edge Open Space Zones. 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 Berm. 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 '-- Lifie 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 minimum 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 Edge Open Space Zone closest to the interior of the lot. • Size: Sixty per cent of the trees shall be a minimum 3 inch caliper, and forty per cent shall be a minimum 2 inch caliper. 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 A. Location. Location of the Open Space System shall 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 November 23, 1998 Article Vill. Landscape Landscape Development Standards Page 3 Town of Westlake Unified Development Code width of any open space linkage however, shall not be less than 25 feet with an average minimum width of 35 feet. C. HiketBike Trails. These trails shall be located as required in the Comprehensive Plan, and shall be grade -separated when crossing arterial roadways. 3A 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 Roadway Zone. If there is not sufficient planting space within the Roadway Zone to meet the tree replacement requirements, then they may be planted within other portions of the lot, in the median (if present), or on other land or roadways in the subdivision or Township. Article V111. landscape Page 4 Landscape Development Standards November 23. 1998 Town of Westlake Unified Development Code FIGURE 1 ROADWAY LANDSCAPE ZONE oNP� Z November 23, 1998 Article VIII. landscape page 5 Landscape Development Standards Town of Westlake Unified Development Code FIGURE 2 STREET PLANTING o /�slD�Nr1AL P�PE�TT •s�r�acxuNE ��G �X,i"1PLE ZED' AW W546E Z,Z X G Tf-ees REQ D. /3.2 TREES DR /3 K / 4f1R6'E T�-S /3 X /,0 7, = 78 02 8I-AP4E rR4e5 SM,ILL 7-RZE5 /3 X qo /. = 5.Z or- 5 5HIVI- TA;ES /3 MY455 70rX4- Pae 6 Article VIII. Landscape 9 Landscape Development Standards November 23, 1998 , AV o /�slD�Nr1AL P�PE�TT •s�r�acxuNE ��G �X,i"1PLE ZED' AW W546E Z,Z X G Tf-ees REQ D. /3.2 TREES DR /3 K / 4f1R6'E T�-S /3 X /,0 7, = 78 02 8I-AP4E rR4e5 SM,ILL 7-RZE5 /3 X qo /. = 5.Z or- 5 5HIVI- TA;ES /3 MY455 70rX4- Pae 6 Article VIII. Landscape 9 Landscape Development Standards November 23, 1998 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 medians 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 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 automobiles, and provide visitors with a healthier and more comfortable environment. 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 lot. 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 parking lots being separated, then an average two (2) foot berm, 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. November 23. 1998 Article VIII. landscape Landscape Development Standards Page 7 Town of Westlake Unified Development Code b) Allow for pedestrian walking surfaces across them to provide improved pedestrian 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 sixty percent large trees with the remainder being small trees. Tree sizes and measurement shall conform to Subsection 3.10, Acceptable 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. Page 8 Article VIII. Landscape Landscape Development Standards November 23, 1998 Town of Westlake Unified Development Code FIGURE 3 PARKING LOT SPOT ISLANDS - MINIMUM STANDARDS 5. Linear Islands. Linear Islands shall be designed as long and narrow planted strips, breaking larger lots into smaller linear parking cells. These linear shaped lots should be used on sites of steeper terrain, running parallel with existing topographic contours, to preserve existing trees and better Integrate into the existing rural topography. Linear islands shall meet the required minimum landscape area, tree density, and distance to parking spaces that is established for Spot Islands above. 6. Existing Trees and Natural Features. Notwithstanding the above, the location of landscaped islands should be adjusted to accommodate existing trees or other natural features provided that the total landscape area requirements are met. Any variations to the standards set out in this Ordinance may be approved as part of the Landscape Plan, February 16, 1998 Article VIII_ Landscape Landscape Development Standards Page 9 Town of Westlake Unified Development Code r FIGURE 4 PARKING LOT LANDSCAPING - FORMAL w 'as Q>� Formal Arrangement Example Calculation: • 200 Parking spades 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. Page 10 Article Vill. Landscape November 23, 1998 Landscape Development Standards Q>� Formal Arrangement Example Calculation: • 200 Parking spades 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. Page 10 Article Vill. Landscape November 23, 1998 Landscape Development Standards FIGURE 5 PARKING LOT LANDSCAPING - INFORMAL Town of Westlake Unified Development Code r2" pxwm4i mice lw6r 656 106if7-ED t5' Fr of A TtZEe. P�RK/� tvr Er�E /2.5r Ul/D� Zr-3N,C'.rH BERM REq. b. 2s' F7' t3F-rtu5F4v pR� • ARC{S. Informal Arrangement Example Calculation: e 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. November 23, 1998 Article VIII. landscape Landscape Development Standards Page 11 Town of Westlake Unified Development Code 3.7 Screening of Parking from Public Areas A. General. All parking areas shall be screened from view of public roadways and Open Space Corridors. The screen shall be a minimum of thirty-six inches (36") in height, and be achieved through one of the following methods: 1. A berm 2. A planting screen 3. A combination of the above, or as shown on the approved detailed site plan. B. Parking Lot Edge. Screening shall generally be placed within the Parking Lot Edge Zone as defined in Subsection 3.6 B 2, above. FIGURE 6 OFF STREET PARKING SCREENING METHODS A. PLANTING Lax. stt'E /7/'Zr1/i47� //RoPrRTj' /7. o. W. • lG ALLY �TTVEG Y f7 -We � G'N pl AArr To xA5- LtrsSC At fefrf. ���n X�dc-,Es Ak:�40E.4,5� Y V9r6v{Ne—, 603M.1 Page 12 Article VIII. Landscape Landscape Development Standards November 23, 1998 Town of Westlake Unified Development Code B• WALL FENCE H PTz«rrr� r°�so o�RTr R. o. ut. November 23, 1 99 Article Vill. Landscape Landscape Development Standards Page 13 Town of Westlake Unified Development Code C. BERM rAWNG , 5 t1l"er OCR -r7 'WPM AV 54AfNN A NgvzaYTAG. rroml-e. • AVIO `4tP1PY G,"e • Clty&> wry aot sw te�&M SW1196YJ C- RAIL FENCE WITH VINES PLEAT Y/NES /N R4,V1a1 Ora s .n- C AXE'S /DOST - ■tier 0 3`trr t1JCY�p KA(L- f-6vcE PRrUAT6I?W,, ri Page 14 Article Vlll. Landscape Landscape Development Standards November 23. 1998 Town of Westlake Unified Development Code 3.8 General Site Tree Planting - Commercial Districts A. Intent The planting of large trees when located property 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 standard established in Section 3.10, Acceptable Landscape Materials. 2. Species. Trees shall be selected from the Town's Approved Plant List. 3.9 Screening of Loading and Service Areas A. Intent. The intent of this Subsection is to ensure the screening of service areas from roadways, Open Space Corridors, and residential properties. B. General. 1. Screening of Loading and Service Areas. Views of loading and service areas shall be screened entirely from any view from a public 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 residential 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. November 23, 1998 Article Vlll. Landscape Page 15 Landscape Development Standards Town of Westlake Unified Development Code �M a) An eight (8) foot high wall with a minimum of one large tree planted per each thirty (30) linear feet of Landscape Reserve. b) Large evergreen shrubs with an initial height of six (6) feet to create a solid planting within 2 years with a minimum of one large tree planted per each thirty (30) linear feet of Landscape Reserve. c) Evergreen trees planted to create a solid planting within 2 years at a minimum height of eight (8) feet. Trees shall be one (1) specie of Eldarica Pine, Savannah Holly or Leyland Cypress. d) A berm with evergreen shrubs planted to create solid planting within two (2) years. The minimum height of the berm shall be three (3) feet, measured from the highest existing elevation of the Landscape Reserve along the open space corridor, roadway, or residential boundary. Berm side -slopes shall not exceed a 3:1 gradient—three feet (3') horizontal to one foot (1) vertical elevation. This gradient will allow safe mowing and maintenance of the slope. Evergreen shrubs shall be planted on the berm for an extra five feet (5) minimum screen height to give a total screen height of -eight feet (8'). Furthermore, a minimum of one large tree shall be planted for each thirty (30) linear feet of the berm. FIGURE 7 OFF-STREET LOADING - PAIRING OF DOCKS M1 rafOE ' f3'l/R/NG Dr 404D'N<r DOCK ALFAS WILL 1-J/MIA41 E W1444S FXIAT fa�T" Ki Page 16 Article Vill. Landscape Landscape Development Standards November 23, 1998 Town of Westlake Unified Development Code FIGURE 8 BUFFER RESERVES FOR OFF-STREET LOADING DOCKS November 23. 1998 Article VIII. Landscape Landscape Development Standards Page 17 Town of Westlake Unified Development Code FIGURE 9 METHODS OF SCREENING OFF-STREET LOADING DOCKS iViKL/F�- • ( /%, A4 P_ TRF PER Zo`�Ravr�c,�) G� MIN. WAU I fWct WITH TSE ANAIAq i'ItA—zF c1,VR1ZgFF_u r Mce . ��RG�'�iV SpY,e1,8 P�t�-,Ny Ft -1 © EVERGRC-fN TRFi Pl�N'TI�i ! M QiE Tf—PE PFR 3 G,' MIN , �,Mrt1L �VE/ZGRiEN hilhl. M N• .sem M $ERM SIlfrJlBS ;& MIN. F-09 MIZM114Q Page 18 Article Vlll. Landscape November 23, 1998 Landscape Development Standards Town of Westlake Unified Development Code D. Screening of Dumpsters. 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 shown on the approved site plan. 3.10 Acceptable Landscape Materials 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 caliper of two (2) inches and a minimum height of eight (8) feet. 3. Ornamental Trees. Ornamental trees must have 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 -tolerant plant materials which are listed in the Town's Approved Plant List is required. November 23. 1998 Article Vill. Landscape Page 19 Landscape Development Standards Town of Westlake Unified Development Code t FIGURE 10 PLANT MATERIAL SIZES 1AKGE rmr-s. AlBi wlgf,p /Z It /,591/E BALL . 4,;x1NhME41T411.. TRCES . Page 20 Article vlll. Landscape Landscape Jevelopment Standards November 23. 1998 AM Town of Westlake Unified Development Code "XIC EvE90AEEN .GNIZA6. d V/µDES. (MIAL) 49461NDCOVEX . qMSS. tel-/� Soft • h'%A4aryvLcN oR D. November 23, 1998 Article Vill. Landscape Landscape Development Standards Page 21 Town of Westlake Unified Development Code FIGURE 11 TREE PITS Page 22 Article Vill. 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 A. Landscaped Areas. One of the following irrigation metnods 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; -tem in conjunction with a water -saving :,Totem 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. November 23, 1998 Article vill. Landscape Irrigation Requirements Page 23 Town of Westlake 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. Performance 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 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 buffering required by this Code. 6.2 Enforcement Failure to regularly maintain in accordance with this article will constitute a violation of this code and subject to the provisions of Article XV "Enforcement." Page 24 Article VIII. Landscape Completion and Maintenance Requirements November 23, 1998 Town of Westlake Unified Development Code ARTICLE IX. TREE PRESERVATION SECTION 1 PURPOSE ANDINTENT..........................................................................................................1 SECTION2 APPLICABILITY.......................................................................................................................1 2.1 Protected Trees .................................................... ....................................................... ............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 SECTION4 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 Permanent 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 Pruning........................................................................................................................8 5.4 Required Pruning......................................................................................................................8 SECTION 6 TREE PLANTING RESTRICTION............................................................................................8 6.1 Overhead Lines.........................................................................................................................8 6.2 Underground and Surface Utilities... ................... 8 SECTION 7 TREE REMOVAL PERMIT REVIEW AND APPROVAL PROCESS........................................9 f 7.1 Submittal Requirements............................................................................................................9 7.2 Authority for Review ..................................................... 9 ........................................................ 7.3 Appeal of Decision..................................................................................................................10 7.4 Permit Expiration.....................................................................................................................10 SECTION8 ENFORCEMENT....................................................................................................................10 8.1 Developers Agreement...........................................................................................................10 8.2 Construction Permits...............................................................................................................10 8.3 Building Permit........................................................................................................................10 8.4 Acceptance of Improvements............................................................11 ......................... 8.5 Certificate of Occupancy................................................................... 11 8.6. Enforcement.........................................................................................................................11 February 16, 1998 Article IX. Tree Preservation Table of Contents Page i Town of Westlake Unified Development Code a • . .; • . y 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 and 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 A. Residential Properties. A residence used as an owner -occupied homestead shall be exempt from the tree protection and replacement requirements of this ordinance as it pertains to that residential property. However, this exemption does not apply to existing trees located within a Roadway Landscape Zone on or adjacent to that property, or to undeveloped single family property. February 16, 1998 Article IX. Tree Preservation Purpose and Intent/Applicability Page 1 Town of Westlake Unified Development Code B. 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 tomado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary 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. Page 2 Article IX. Tree Preservation Purpose a,.d Intent/Applicability February 16, 1998 Town of Westlake Unified Development Code SECTION 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 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. February 16, 1998 Article IX. Tree Preservation Page 3 Tree Replacement 9 Town of Westlake Unified Development Code SECTION 4 TREE PROTECTION The following procedures are required to protect all protected trees which have not been approved for removal. 4.1 Construction Pian 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 Pian 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 accompanied by the Landscape Plan (see Article Vill. 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 Official, the 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 equipment. Tape shall be supported at a minimum of twenty five foot (25') intervals by wrapping trees or utilizing another approved method. Single incident access for the 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 Page 4 Article IX. Tree Preservation February 16. 1998 Tree Protection Town of W¢stiake Unified Development Code system, a protective fencing may be required between the tree and the construction activity. D. Bark Protection. In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. FIGURE 1 PRIMARY TREE PROTECTION -�/pUrJ� - F�cJialn P�oT>;cTiaN r,-A� 7b oAt'ETAC- T PST e SITALx / FAYce !-f %_- 4jAl gig Wot�j FEAlG,5 t1W15i` 1E0 64MDE February 16, 1998 Article DC. Tree Preservation Tree Protection Page 5 Town of Westlake Unified Development Code t V FIGURE 2 SECONDARY TREE PROTECTION 4.3 Prohibited Activities Adjacent to Trees 2X�LU�t'I�Ef= —I /0 CAUC-,E &At VANIZ&t) IIAP-e AlUpplu PLIW Tt'� pPai�T�o+.1 ONU' WNL ('Izlrh�Y ('�t�T�Da P�r1� C�'.l-►NoT �E � NT 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, concrete, 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. D. 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 Page 6 Article IX. Tree Preservation Tree Protection February 16. 1998 Town of Westlake 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 expected 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 a protected tree should not exceed two inches (2"). If more than 25% of the crit%al 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, shall be cut off square with a sharp, medium tooth saw and covered with pruning compound within 2 hours of initial exposure. 4.5 Preserved Tree Criteria 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 encroachment. February 16, 1998 Article W. Tree Preservation Troo P -t -t;- 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. When allowed, all pruning shall be in accordance with approved arboricultural techniques. B. Normal Maintenance. Normal pruning required to promote tree health and vitality is permitted provided, however, that such pruning does not remove 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 maintain 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 prune trees overhanging the public R.O.W. as necessary to preserve the public safety. SECTION 6 TREE PLANTING RESTRICTION 6.1 Overhead Lines 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 mature root zone of the tree will interfere with underground public utility lines. No trees shall be planted within ten feet (10') of a fire hydrant. Page 8 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. Appropriate title (i.e. Tree Removal Permit Exhibit); 2. Title block includes street address, tot 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 cut/fill, 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 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: February 16, 1998 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 permit 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 Permit if it is determined 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 Permit or Site Plan shall be valid for the period of that Building Permit's or Site Plan's validity. Permit(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 date on the permit. SECTION 8 ENFORCEMENT 8.1 Developers Agreement All developer'- agreements 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. Page 10 Article IX. Tree Preservation . Enforcement February 16, 1998 Town of Westlake Unified Development Code 8A 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 Failure to comply with this Article will constitute a violation of this code and subject to the provisions of Article XV "Enforcement." February 16, 1998 Article IX. Tree Preservation Enforcement Page 11 Town of Westlake Unified Development Code ARTICLE X. SIGN STANDARDS SECTION1 PURPOSE...................................................................................................................1 SECTION2 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 Temporary 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 Article X. Sign Standards 9 Table of Contents February 16, 1998 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 person to erect or maintain any outdoor advertising in any zone or district of the Town wherein the particular form of outdoor advertising is prohibited by deed restrictions, zoning 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 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 such signs. February 16, 1998 Article X. Sign Standards 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 such 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 Temporary Signs are such signs as may be needed from time to time 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 contain 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. D. When appropriate to the occasion, the words "open house" or "inquire within." Page 2 Article X. Sign Standards 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 permitted for permanent signs, and in addition, may be made of less durable materials and woods such as pasteboard; but in no event shall be selfAluminated, 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 Nearing The Board of Aldermen shall hold a hearing to determine when a sign or display case is abandoned. Ten (10) days written notice of the hearing 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 receive mail, 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 disposed of by sale if determined to be of a value of $100.00 or more, or disposed 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 assessed at the 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 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 February 16, 1998 Article X. Sign Standards Page 3 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 UMiTA71ON 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 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. Ail 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 within the commercial districts. 12.2 Prohibited Signs and Display Cases No sign or display case shall be permitted that: A. Does not pertain to a commercial use on the site. B. Is incompatible in design with the building and space allotted. C. Is flashing, illuminated, phosphorescent, moving or primarily glossy. D. Contains Ic-ci ii ig exceeding twelve (12) inches in height. E. Projects or extends above the eave or parapet line, if attached to any struct—e. F. Is for a business which does not have an active business license on file with the 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 degradation of property values 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. Page 4 Article X. Sign Standards February 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 mail 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 signs 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 Formal Review A. Interior signs of one hundred and sixty (160) square inches or less when the aggregate area does not exceed that allowable for interior signs. B. Temporary signs as provided for in this Ordinance. C. Political signs so long as they do not exceed the maximum 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 signs, it may assess the candidate the actual costs of removal. 12.5 Sign Area 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. B. For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain 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. February 16, 1998 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 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 appropriate; 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. Page 6 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. B. 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 passage 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 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). February 16, 1998 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 properly 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 especially 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 hundred (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 obstruct 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 It shall be unlawful for any person to post, paint or otherwise 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. Page 8 . 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. B. All 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 The Board of Aldermen will review all applications for signs and display 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. February 16, 1998 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 3.1 Site Plans.................................................................................................................16 3.2 District Amendments................................................................................................16 July 13, 1998 Article XI. Planned Development Regulations Table of Contents Page i ARTICLE XI. PLANNED DEVELOPMENT REGULATIONS SECTION 1 GENERAL REQUIREMENTS 1.1 PURPOSE The purpose of this Article is to provide for the creation of planned development zoning districts C'PD Districts"). PD Districts are 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 such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; • to protect or preserve existing historical buildings, structures, features or places; or • to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. 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 tailor,cd to fit the physical features of t` -.a site 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: Page 1 Article XL Planned Development Regulations General Requirements July 13, 1998 Town of Westlake Unified Development Code a. retail shopping mail; b. destination resort; and C. 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 devoted 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 1.2.8.1 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: July 13, 1998 Article XI. Planned Development Regulations General Requirements Page 2 t 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 residential areas. 9• Drainage. Drainage features shall be integrated into the design of the development and shall be contained within ponds and streams wi,h 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 intensifies, thoroughfare locations, a^' upen space boundaries (including public trail systems). it also illustrates the integration of these elements 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 Development 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 development process. A PD Development Plan may be used where the developer requests 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 Elan are to allow flexibility in the 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 Page 3 Article XI. Planned Development Regulations General Requirements 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. I A 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 provis�cns of the 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 July 13, 1998 Article Xl. Planned Development Regulations Page 4 General Requirements be considered as regulatory standards. Each PD 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 multiple 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 PD Concept Plan shall graphically depict the following: A diagram or drawing of the boundaries of the proposed PD 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 PD 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 Page 5 July 13, 1998 PD Procedures 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 the 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. 1. Approval Criteria. Based upon the PD Concept Plan, the Commission, in making its recommendations 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 July t3, 1998 PD Procedures Page 6 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 description of the land within the PD District; 3. A list of the specific land uses permitted within the PD District, together with a description of the sub -areas, if any, in which such uses are 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 Concept Plan or PD 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 maintenance organization. 9. Provisions governing amenities, if any, to justify densities or intensities. Article Xl. Planned Development Regulations Page 7 July 13, 1998 PD Procedures Town of Westlake Unified Development Code 10. 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. 2.2 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 aye 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 Development 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 Xl. Planned Development Regulations July 13, 1998 PD Procedures Page 8 4. Development standards for each proposed land use, as follows: Minimum lot area; J- Minimum lot width and depth; k. Minimum front, side, and rear yard areas; 1. 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 residential areas of the Town. 7. Preliminary and approximate building locations and building footprints; 8. Preliminary elevations and perspectives to show the relationship of building 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 development will be satisfied for the phase of development represented by the PD Development Plan, including any proposed dedications of open space 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 relation to the then -current phasing plan, together with any updates of the then -current phasing plan that was submitted as part of the applicant's original informational statement; and 12. Preliminary tree survey. 13. A list detailing each condition imposed by the PD Ordinance that 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 State of Texas and experienced in the study of drainage issues. The preliminary drainage study shall (i) contain a topographical map of the area proposed for development to a scale not smaller than 1 inch = 200 feet; (ii) generally describe how the proposed development will comply with the drainage design policies set forth below; (iii) include all information deemed necessary by the preparing engineer Artie^ Xl. Planned Development Regulations Page 9 PJuly 13. 1998 D Procedures 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 conditions, or disapprove each PD Development Plan, together with each proposed amendments 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, approve with conditions, or disapprove each PD Development Plan and each proposed addition or amendment to the PD Ordinance. H. Approval Criteria. The Commission, in making its recommendation to the Board, and the Board, in acting upon each PD Development Plan and proposed addition or amendment to the PD Ordinance, shall determine whether the proposed PD Development Plan and ordinance addition 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 development standards set forth in the PD Ordinance; 3. The pian satisfies any conditions established by the Board in the F -D Ordinance relating to Development Plan approval.- 4. pproval;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 July 13, 1998 Page 10 PD Procedures 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. 1. 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 shalt 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 the 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_ creage; P_ Submission date,- q- ate;q- Scale (written and graphic),- r, raphic);r. Vicinity map; Article XI. Planned Development Regulations Page 11 PJuly 13, 1998 D Procedures Town of Westlake Unified Development Code S. Names, addresses, and telephone numbers of designer, engineer, developer, and owner, t. A boundary survey of the site with the location of proposed land uses; V 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; `�• Setback and separa;'on distances between 41 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. Location and dimensions of all pavement and curbing; dd. Location and width of all sidewalks; ee. Location and width of all ingress/egress points,- oints;ff. ff. Location and width of all medians and median breaks; and 99• Location of any special traffic regulation facilities. 5. Off -Street Parking and Loading Areas hh. Number, location, and dimension of spaces; ii. Type of surface material of parking facility; jj• Dimension of aisles, driveways, maneuvering areas, and curb return radii; kk. Distance between spaces and adjacent rights-of- way; II Location of all existing and proposed fire lanes and hydrants; and mm. Proposed lighting diagram. 6. Landscaping July 13, 1998 Article XI. Planned Development Regulations Page t 2 PD Procedures 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; 00• Location and size of proposed plant materials, including paving, together with type and species of plants; pp- Number and type of each landscape element; qq• Height and type of all fencing or buffering; rr• Height of all planters, sculptures, and decorative screens; ss. Location and type of trash receptacle screening; tt Location and type of lighting for streets, signage, and parking areas; and uu. Location of visibility triangles where required. 7. Drainage Vv. Direction of water flow; '*vw- Quantity of ano off-site water generation; Xx• Topographic contours at a minimum of 5 foot intervals; 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 Xl. Planned Development Regulations Page 13 July 13, 1998 PO Procedures 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 Board 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 July 13, 1998 PD Procedures Page 14 criteria for approval shall bethose applicable hovariances under Art. [ sec. 12.4 of the Ufiified Development Code. 2.4 AMENDMENT OF PLANS A. PD Concept Plans. PD Concept Plan informational statements) are considered part of the POOrdinance. Any amendment to a PDConcept Plan U okebeoonoidemadazmninQchonge.ondtheppovisionoofChapbar21of the Texas Local Government Code relating tonotices, public hearings, and written protests for changes in zoning districts or regulations shall apply. If a PD District isestablished subject to approval ofPDDevelopment Plans, the provisions of this Subsection 2.4.Ashall apply hosuch PC>Development Plan. B. PD Site Plans. PDSite Plans are not considered part ofaPDOrdinance. Except asotherwise provided inthis Subsection 2.4.C.any amendment b/on approved PD Site Plan must be approved by the Commission. Notwithstanding the foregoing, however, "minor modifications" bzany PDSite Plan may bn approved by the Town Planner. If the Town Planner believes that a request for minor modification entails o significant change in the Site P|on, he may refer the request to the Commission for determination. A "minor modification" to a PD Site Plan isdefined asany modification that does not. - 1. after the basic relationship of proposed development to adjacent property; 2. change the uses permitted; 3. increase the maximum density, floor area, orheight: 4. decrease the amount of off-street parking, unless parking remains sufficient innumber and conforms boordinance requirements; or 5. reduce the minimum yards orsetbacks. a�eX�P��g����mn�m�m Page 15 PO Procedures �«��o'�ey» Town of Westlake Unified Development Code SECTION 3 EFFECT ON EXISTING PDS 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 PD 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. July 13. 1998 Article Xl. Planned Development Regulations Effect on Existing PDs Page 16 Town of Westlake Unified Development Code ARTICLE XII. ZONING -RELATED APPLICATIONS SECTION1 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 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) .................................................................. 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 ......................................... 7 ....................... 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 1o. 1998 Article X11, Zoning -Related Applications Table of Contents Page i Town of Westlake United 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 Unified Development Code shall be prepared by a registered architect, engineer, landscape 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 of an application, in order to provide for adequate review of the application: I. Six copies of all plans, elevations and other otawings that form the submittal. 2. Six copies of the Application form and 8 1/2" x 11" photographic reduction of the drawings. 3. Six copies of the Development Schedule, Preliminary Service Plan, Draft Development Agreement and any other supporting material. 4. Two copies of the geo-technical report. SECTION 2 REZONING APPLICATIONS 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, August 10, 1998 Article X11. Zoning -Related Applications GeneraVRezoning Applications Page 1 Town of Westlake Unified Development Code SECTION 3 REQUIRED CONCEPT PLAN (NON PD) 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 conform 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 information 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 Pian. 3.3 Concept Plan Content A. General. All plans must include date, appropriate engineering scale, north arrow, vicinity map, and the names, addresses and telephone 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 Pian shall include the following: 1. A metes and bounds description of the overall tract. 2. Conceptual representation of proposed use(s) and generalized representation of proposed improvements. 3. Identification of all areas to be dedicated to the township 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. B. A preliminary geo-technical report that addresses soil, subsurface and slope conditions that may affect development. C. Traffic Study showing the project's impact on roadway and intersection capacity. Page Z 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 pian 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 Planning and Zoning Commission. B. Where a Concept Plan has been approved as part of the Zoning, all Site Plans 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 Commission and Board of Aldermen. This provision does not apply to PD Site Plans. 4.4 Site Plan Content 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 V=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 Information Required. 1. North Arrow; 2. Total site acreage; 3. Submission date; 4. Scale (written and graphic); August 10. 1998 Article X11. Zoning -Related Applications Required Site Plan Page 3 Town of Westlake Unified Development Code 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 Pian. 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; Page 4 Article X11. Zoning -Related Applications Required Site Plan August 10, 1998 Town of Westlake Unified Development Code 4. Height and type of all, fencing or buffering; 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 in 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 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 facility 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. 1. 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. August 10. 1998 Article X11. 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 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. In 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. Page 6 Article XII. Zoning -Related Applications g Amendments to Approved Applications August 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. B. Minimum Requirements. The agreement will be individually negotiated for each major project, but should address the following issues: 1. A pian 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 Form and Timing of Agreement 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). August 10, 199& Artiue XII. Zoning -Related Applications Development Agreements Page Town of Westlake Unified Development Code SECTION 7 ZONING ORDINANCE TEXT AMENDMENTS 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, Page 8 Article XII. Zoning -Related Applications Text Amendments August 10, 1998 Town of Westlake Unified Development Code ARTICLE XIII. SUBDIVISIONS 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................................................................, 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 Subdivision 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 Minimum Lot and Floor Elevations.............................................................................39 SECTION 6 NON-RESIDENTIAL PLATS.......................................................................................41 6.1 General......................................................................................................................41 6.2 Design Principles.......................................................................................................41 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.............................................................................................................47 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 Policy.......................................................................................................53 10.4 On -Site Treatment....................................................................................................53 SECTION 11 DRAINAGE FACILITIES STANDARDS...................................................................54 11.1 General Requirements.............................................................................................54 Page 2 Article XIII. Subdivisions September 23, 2002 Table of Contents Town ofWestlake Unified Development Code 11.2Design ofFacilities ................................................................................................... 54 113Dedication of Drainage Easements .......................................................................... 55 11'4 Grading ---------------------------------------5O 11.5 Plans, Specifications and Design Calculations ........................................................ 5G SECTION 12UTILITY STANDARDS .............................................................................................. 57 12jUtilities ...................................................................................................................... 57 12.2Easements ................................................................................................. ............. 57 12.3 Damage --------------------------------------'57 12.4 Utility Duct Bank Facilities ......................................................................... 57 SECTION 13 UNDERGROUND UTILITIES .................................................................................... 59 13.1 Underground Utility Standards 132Cost Difference Between Underground and Overhead ........................................... 58 13.3Temporary Service ................................................................................................... 59 13.4Definitions ................................................................................................................. 58 13.5Installation Compliance ------------------------------'59 _ 13.GExisting Overhead Utilities ....................................................................................... 0J � SECTION 14 OPEN SPACE ........................................................................................................... 61 ' 14`1Purpose .................................................................................................................... 81 14.2 Open Space Requirement as Additional and Supplemental Requirement .............. 61 14.3Open Space Dedication Requirement ..................................................................... O1 14.4Site Criteria ...... ........................................................................................................ 82 14.5Protection and Restoration ofOpen Space Corridors .............................................. G2 14.6 Development Agreements for Open Space .............................................................. 02 SECTION 15 PUBLIC LANDS REQUIREMENTS .......................................................................... 64 151Reservation ofLand ................................................................................................. G4 15.2Procedure for Reserving Land ................................................................................. G4 SECTION 16 PARTICIPATION POLICIES ..................................................................................... 6S 1O`1General Standards ................................................................................................... OS 1O.2Facilities Eligible for Town —................................................................ G5 1G3Limitation and Exceptions ------'---............................................................ GO 1G/4Procedures for Town Participation ........ ......................................................... ........ SG 18.5Escrow Policies and Procedures .............................. ............................................... 87 \ � Ad����U� Subdivisions \ �op�mbe,��2UO� Page Town of Westlake Unified Development Code ARTICLE X111. 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. Page 4 Article XIII. Subdivisions s General Provisions September 23, 2002 Town of Westlake Unified Development Code 1.3 Jurisdiction 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 raised 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 divide 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 who 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. September 23, 2002 Article X111. Subdivisions Page 5 General Provisions Town of Westlake Unified Development Cade 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. 1. No Building Permit Until'Property Has Been Platted. No building permit or certificate of occupancy shall be issued for any parcel 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 provisions of these regulations shall be held to be the minimum requirements 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 regulations, 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 regulations or the application 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 Page 6 Article XIII. Subdivisions September 23, 2002 General Provisions 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 circumstancesThe 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 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. September 23, 2002 Article XIII. Subdivisions Page 7 General Provisions Town of Westlake Unified Development Code SECTION 2 PLATTING PROCEDURES 2.1 Classification of Subdivisions A. Classification of Subdivisions and Additions. I. 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. Loc. 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 Page 8 Article XIII. Subdivisions September 23, 2002 Platting Procedures Town of Westlake Unified Development Code completeness within ten (10) working days of the date of submission shall result 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) working days of the last regularly scheduled meeting of the Commission. Upon recommendation of the Commission, 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. 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 professional land surveyor or engineer in the State of Texas and shall bear his/her seal, signature and date on each sheet. September 23, 2002 Article XIII. Subdivisions Page 9 Platting Procedures Town of Westlake Unified Development Code 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 layout showing: i. Proposed rights-of-way widths for streets with names, sidewalks, easements, blocks, parks, etc., with principal dimensions. ii. The length 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 dimensions 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 location of important individual trees are required. . Page 10 - Article XIII. Subdivisions September 23, 2002 Platting Procedures 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 which is proposed for dedication for public use with the purpose indicated thereon, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision or addition. 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. xii. 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 indicating 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 utilities and duct banks. xxiv. The location of all proposed public and private streets and information indicating the material and width of said streets and September 23, 2002 Article XIII. Subdivisions Page 11 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 required documents shall be distributed by the Town Staff to the following: 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) 1) The Gas Company (1 copy) j) The Telephone Company (1 copy) k) The Cable Company (1 copy) 1) At least six (6) days prior to the meeting of the Planning and Zoning Commission at which the Preliminary Plat is to be considered, 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 subdivision shall be prepared by the Town Engineer, with a copy provided to the applicant three days before the Commission's hearing, incorporating the comments of the Town Engineer and other officials and agencies to whom a request for review has been made, and generally reviewing the application, and submitted to the Planning and Zoning Commission prior to the public hearing on the subdivision 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. Page 12 Article X111. Subdivisions September 23, 2002 Platting Procedures 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 September 23, 2002 Article XIII. Subdivisions Page 13 Platting Procedures Town of Westlake Unified Development Code 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 constitute 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 certificates may be issued by the Town Engineer authorizing the construction of private utilities or facilities on a phased schedule, subject to permit standards otherwise applicable. G. Amendments to Preliminary Plat. 1. Major and Minor Amendments. At any time following 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, addition or deletion of alleys, or addition 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 within 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 preliminary 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 application for the area depicted in the preliminary plat has been filed with the Town or an extension has been requested within the two-year period. Thereafter, the applicant'shall be required to submit a new plat subject to the then existing subdivision regulations. 2. Petition for Extension or Reinstatement of Approval. Prior to the lapse of approval for preliminary plat, as provided in these regulations, 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. Pae 14 Article XIII. Subdivisions Page 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 subdivision 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 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. Loc. 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. Loc. 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. I. Public Improvements Prior to Signing Plat. The Board may require that all public improvements be constructed, offered for dedication and accepted by the Town prior to the signing of the final plat. The 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 dedication 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 agreement as provided in Subsection 3.1. September 23, 2002 Article XIII. Subdivisions Page 15 Platting Procedures 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 (10) 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, with the length of radii and of arcs of all curves, all angles, and with all other engineering information necessary -to -reproduce -the plat on the ground. Dimensions shall be shown from all angle. points. Contours, with an interval of two (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 which the subdivision is located. 5. The location of building lines on front and side streets and the location of utility easements. 6. An instrument of dedication signed and acknowledged by the owner or owners and by all other 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 Page 16 Article XIII. Subdivisions September 23, 2002 Platting Procedures Town of Westlake Unified Development Code Town of Westlake as jointly prepared by the Town Attorney and the Town Engineer. The plat shall be marked with a notation indicating the formal offers of dedication. All deed restrictions required by these Subdivision Regulations or agreed to be filed with the plat shall be submitted with the final plat. 8. Receipt showing that all taxes are paid. 9. Certification by a surveyor, duly licensed by the State of Texas, to the effect that the plan represents a survey made by him/her, and that all the necessary survey monuments are correctly shown thereon, in accordance with Article XIII, Subsection 1.4. 10. The following certificates shall be placed on the plat in a manner that will allow them to be clearly visible on the final plat. APPROVED BY THE BOARD OF ALDERMEN OF WESTLAKE, TEXAS, on the day of, 19 19_ ATTEST: Town Secretary Mayor 11. Final plats shall be accompanied by three (3) sets of prints. Unless an improvement agreement has been executed in accordance with Subsection 3.1 of this Article, final plats also shall be accompanied by one Mylar reproducible set of "record drawings" of the construction plans for all water, wastewater, drainage and paving facilities and any other public improvements required to serve the subdivision. 12. Final plats shall be accompanied by a lot grading plan drawn at a scale of one hundred (100) feet to one (1) inch in accordance with the Town of Westlake Engineering Standards. 13. When more than one (1) sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names shall be shown on one of the sheets or on a separate sheet of the same size. 14. The Subdivision Improvement Agreement and security, if required, in a form satisfactory to the Town Attorney and in accordance with Section 3.1.B.4.d and shall include a provision that the property owner shall comply with all the terms of the final plat approval as determined by the Board of Aldermen. 15. A plat fee, together with other authorized fees applicable to the development, in accordance with the fee schedule applicable at the time of plat filling. 16. Certification by a surveyor to the effect that the plat represents a survey made by him and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and September 23, 2002 Article XIII. Subdivisions Page 17 Platting Procedures Town of Westlake Unified Development Code rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted. 17. Boundary survey closure and area calculations. 18. Protective covenants (deed restrictions) whereby the subdivider proposes to regulate land use or development standards in the subdivision. 19. The accurate location, material, and size of all monuments approved by the Town Engineer. For subdivisions larger than thirty acres, global positioning systems (GPS) shall be used to establish the location of a minimum of two corners of the subdivision or addition. The establishing of the location of one additional monument by GPS may be required for each additional twenty (20) acres or fraction thereof for developments that are larger than fifty acres. These monuments shall be tied vertically and horizontally to the Town's existing GPS coordinate system. All GPS coordinates shall be determined such that the maximum error does not exceed 0.1 feet. Elevations and the location of all other subdivision corner monuments shall be established to at least third order accuracy. 20. Title Information. Each plat submitted for preliminary plat shall be accompanied by a certificate or letter from a title guaranty company or title attorney indicating a current search and certifying to at least the following concerning title to the land: a) Name of the fee owner as of the date of examination and the date, file number, volume and page of the recording of the deed involved. b) The name, file number, date of filing and volume and page of any lien holders. c) A general description of any existing easements or fee strips granted, along with the file number, date of filing, and volume and page of recording. 21. That all residential final plats contain the following owner's dedication language: NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT (Name of Property Owner(s)] DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS Mame of Subdivision] , AN ADDITION TO THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS. THE EASEMENTS THEREON ARE HEREBY RESERVED FOR THE PURPOSES INDICATED. THE UTILITY AND FIRE LANE EASEMENTS SHALL BE OPEN TO THE PUBLIC, FIRE AND POLICE UNITS, GARBAGE AND RUBBISH COLLECTION AGENCIES AND THE PUBLIC AND PRIVATE UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE FOR THE USE OF A PARTICULAR EASEMENT. 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, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED, RECONSTRUCTED OR PLACED UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN. SAID EASEMENTS BEING HEREBY RESERVED FOR MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE. ANY PUBLIC Page 18 Article XIII. Subdivisions September 23, 2002 Platting Procedures Town of Westlake Unified Development Code UTILITY SPECIFICALLY APPROVED BY THE TOWN OF WESTLAKE TO USE A PARTICULAR EASEMENT SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PART OF ANY BUILDINGS, FENCES, TREES, SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS WHICH IN ANY WAY MAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF ITS SYSTEM ON THE EASEMENT AND THAT PUBLIC UTILITY SHALL AT ALL TIMES HAVE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM AND UPON THE EASEMENT FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING AND ADDING TO OR REMOVING ALL OR PART OF ITS SYSTEM, SUBJECT TO COMPLYING WITH ALL ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS. THE TOWN OF WESTLAKE, TEXAS, AND THE PUBLIC UTILITY SHALL HAVE THE RIGHT OF INGRESS AND EGRESS TO PRIVATE PROPERTY FOR THE PURPOSE OF READING METERS, MAINTENANCE AND SERVICE REQUIRED OR ORDINARILY PERFORMED BY THAT UTILITY. WATER MAIN AND WASTEWATER EASEMENTS SHALL ALSO INCLUDE ADDITIONAL AREA OF WORKING SPACE FOR CONSTRUCTION AND MAINTENANCE OF THE SYSTEMS. ADDITIONAL AREA IS ALSO CONVEYED FOR INSTALLATION AND MAINTENANCE OF MANHOLES, CLEANOUTS, FIRE HYDRANTS, WATER SERVICES AND WASTEWATER SERVICES FROM THE MAIN TO THE CURB OR PAVEMENT LINE. DESCRIPTION OF THESE ADDITIONAL EASEMENTS HEREIN GRANTED SHALL BE DETERMINED BY THEIR LOCATION AS INSTALLED, THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS, WITNESS MY HAND THIS THE DAY OF A STATE OF TEXAS § COUNTY OF TARRANT § Name of Property Owner(s)] BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED (Name of Property Owner(s)1 , 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. September 23, 2002 Article XIII. Subdivisions Page 19 Platting Procedures Town of Westlake Unified Development Code NOTARY PUBLIC, STATE OF TEXAS That all non-residential final plats contain the following owner's dedication language: NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: THAT _[Name of Property Owner(s)1 DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS [Name of Subdivision) , .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. Page 20 Article XIII. Subdivisions September 23, 2002 Platting Procedures 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 SAID EASEMENTS AS A RESULT OF THE USE GRANTED TO SUCH OTHER PERSON SHALL BE PROMPTLY REPAIRED BY SUCH OTHER PERSON, AND THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO SUCH OTHER PERSON'S FACILITIES IN CONNECTION WITH THE USE OF SAID EASEMENT BY THE TOWN OF WESTLAKE. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PLAT, THE OWNERS, AND THEIR SUCCESSORS AND ASSIGNS, MAY USE THE EASEMENT TRACT(S) IDENTIFIED IN THE EASEMENT DOCUMENTS AND SHOWN WITHIN THE BOUNDARIES OF THE PLATTED PROPERTY FOR PAVING, PEDESTRIAN WALKWAY, PARKING, LANDSCAPING AND AERIAL IMPROVEMENT PURPOSES (THE "IMPROVEMENTS-), WHICH DO NOT MATERIALLY INTERFERE WITH OR PREVENT THE USE BY THE TOWN OF WESTLAKE OF SAID EASEMENTS FOR THE PURPOSES SET FORTH HEREIN. ANY DAMAGES TO FACILITIES LOCATED IN THE EASEMENTS IDENTIFIED ON THE PLATTED PROPERTY AS A RESULT OF SUCH USES SHALL BE PROMPTLY REPAIRED BY THE THEN -CURRENT OWNER OF THE PLATTED PROPERTY THAT CAUSED SUCH DAMAGE, AND THE TOWN OF WESTLAKE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES TO THE IMPROVEMENTS IN CONNECTION WITH THE USE OF SAID EASEMENTS BY THE TOWN OF WESTLAKE. THIS PLAT IS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE TOWN OF WESTLAKE, TEXAS. WITNESS MY HAND THIS THE DAY OF M [Name of Property Owner(s)] September 23, 2002 Article XIII. Subdivisions Page 21 Platting Procedures Town of Westlake Unified Development Code 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 .Planning 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. Page 22 Article XIII. Subdivisions September 23, 2002 Platting Procedures 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. 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 September 23, 2002 Article XIII. Subdivisions Page 23 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) copies 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 requisite reasons therefor shall be entered in the minutes 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 until all conditions of approval have been met. H. Effect of Decision. 1. Effect of Approval of Final Plat. Approval of a final plat shall certify compliance with the regulations of the Town of Westlake pertaining 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 advise the subdivider as to future requirements to obtain approval of the Plat. 1. Signing and Recording of Final Plat. 1. When Improvement Agreement and Security are Required. When a Subdivision Improvement Agreement and security are required, the Mayor 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 final plat, the Mayor and Town Secretary shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the Town as shown by a certificate signed by the Town Engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished. Page 24 Article XIII. Subdivisions September 23, 2002 Platting Procedures 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 abbreviated 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. Preliminary platting is not required. 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 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 UtilitiesandDrainage, and Thoroughfare Plan; September 23, 2002 Article XIII. Subdivisions Page 25 Platting Procedures Town of Westlake Unified Development Code 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 Page 26 Article XIII. Subdivisions September 23, 2002 Platting Procedures 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 describedon 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 surrey 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. September 23, 2002 Article XIII. Subdivisions Page 27 Platting Procedures Town of Westlake Unified Development Code 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 approval, 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 denied, the Commission shall provide written explanation of the reason for denial. If the Commission 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 Commission 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 which has not been filed with the County within six months of the date of approval shall be void. Prior to filing with 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. Prior 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 with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat. 5. Effect. a. Conveyance plat approval and acceptance by the Town does not relieve the owner from obligations, including fees, required by other sections of this or other ordinances of the Town pertaining to the improvement of the property or extension of services as required to make to property suitable for development. b. Neither reservation nor dedication of right-of-way shall relieve the property owner from obligations for street construction or assessments Page 28 Article XIII. Subdivisions September 23, 2002 Platting Procedures 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 hardships 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 subdivision 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 unique 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 topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from 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 ordinance or Comprehensive 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 excessive 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 Board may require such conditions 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 writing by the property owner at the time when the preliminary plat or final plat is filed for the consideration 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 A. Replats Without Vacation. Replat or resubdivision of a plat, or a portion thereof, but without vacation -of the immediate previous plat, is hereby September 23, 2002 Article XIII. Subdivisions Page 29 Platting Procedures Town of Westlake Unified Development Code 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 limited 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: Page 30 Article XIII. Subdivisions September 23, 2002 Platting Procedures 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 obtained in the manner prescribed for the original plat. 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 condition of vacation of the plat, the Commission may direct the petitioners to prepare a revised final plat in accordance with these regulations. 4. Effect of Action. On the execution and recording 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 nor to the return of any property or consideration dedicated or delivered to the Town except as may have previously been agreed to by the Commission 5. Government Initiated Plat Vacation. The Board, on its motion, may vacate the plat of an approved subdivision or addition when no lots within the approved final plat have been sold or developed upon within five (5) years from the date that the plat was signed by the Mayor. September 23, 2002 Article XIII. Subdivisions Page 31 Platting Procedures Town of Westlake Unified Development Code SECTION 3 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS 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 addition 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 grading and installation of improvements required for proper drainage and prevention of soil erosion. 2. Deed of Rights -of -Way and Easements. As a condition of final 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 easements to the Town, pending acceptance of improvements by the Town and recordation of the final plat. In the 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 recommendation of the Town Engineer, may waive the requirement of Subsection 3.1 A 1 above, and may permit the property owner to enter into a Subdivision Improvement Agreement by which the property owner covenants to complete all required 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 final plat and to enter into a Subdivision Improvement Agreement for completion of the remainder of the required improvements during 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 required public improvements for a period of two (2) years following acceptance by the Town of all required public improvements. The surety shall be in the amount of 100% of the costs of the improvements for this 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 relative to any subdivision shall not be considered as complete until three (3) sets of record drawings and one (1) set of Page 32 Article XIII. Subdivisions September 23, 2002 Completion and Maintenance of Improvements 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 building 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 applicable 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 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) require 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. Prior to drawing -on any form of security, the Town shall 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 original letter of credit or cash escrow. September 23, 2002 Article XII(. Subdivisions Page 33 Completion and Maintenance of Improvements Town of Westlake Unified Development Code 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 third 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. Page 34 Article XIII. Subdivisions September 23, 2002 Completion and Maintenance of Improvements 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 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 drawings 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 provided one reproducible drawing of each of the utility plan sheets containing the as -built information. When September 23, 2002 Article XIII. Subdivisions Page 35 Completion and Maintenance of Improvements Town of Westlake Unified Development Code 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 issued until a sales tax situs agreement has been executed, unless a waiver of the 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 improvements 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 remaining public improvements. 3. No commercial 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 building 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. Page 36 Article XIII. Subdivisions September 23, 2002 Completion and Maintenance of Improvements 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 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 which 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 drainage 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. September 23, 2002 Article XIII. Subdivisions Page 37 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 vicinity. 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 Survey A. Permanent Monuments. The Surveyor responsible 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 (518") 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 or 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 points and angle points along the boundaries and also within the subdivision. These markers shall 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 will 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 shall be located and marked with one half ('/) inch reinforcing 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, drainage facilities, water lines, wastewater lines, park and recreational facilities, and other such facilities 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 corresponding 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 will be expected to provide designs and facilities in accordance with good engineering practice and to cause to be constructed facilities utilizing first class workmanship and materials. Page 38 Article XIII. Subdivisions September 23, 2002 Public Improvement Requirements 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 Driveway 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 district. In general, development shall 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 parking, landscaping, and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance. B. Measuring Lot Dimensions. Lot dimensions shall be measured at the property line, except that for residential lots located on cul-de-sac circles or at the corners of a loop street, lot dimensions for these types of lots shall be measured along the front building line and one side lot line and may be less than the minimum required by the zoning district, provided the lot meets width and area requirements. In general, the depth of a residential lot should not exceed four times the width of the lot, unless topographic or environmental 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 six (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 Minimum lot and floor elevations shall be established as follows: A. Lots abutting a natural or excavated channel shall be constructed a minimum of two (2) feet above the 100 year floodplain as defined in the Master Drainage Plan. B. All lots shall have positive drainage. September 23, 2002 Article XIII. Subdivisions Page 39 Lot Design and Improvement Standards 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, Page 40 Article X111. 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 III, 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 vicinity. 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 design 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 All frontage and access standards and driveway standards shall comply with the Thoroughfare Plan and the Driveway Ordinance. September 23, 2002 Article XIII. Subdivisions Page 41 Non -Residential Plats Town of Westlake Unified Development Code SECTION 7 ROADWAY FACILITIES STANDARDS 7.1 Streets and Thoroughfares A. Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall assure that the subdivision 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 policies and standards, and subject to the Town's participation in the costs of oversize facilities. B. General Adequacy Policy. Every subdivision or development shall be served by streets and thoroughfares adequate to accommodate the vehicular 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 subdivisions 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 involving 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 dimensions and approved to such standards as are hereinafter set forth. Requirements for dedication 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 analysis. Access to all lots therein must be suitably improved or secured by provisions contained in these regulations and the Driveway Access And Design Regulations in the Town's Thoroughfare Plan. E. Points of Access. The developer shall provide a street system within the development with at least one point of access to a public 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 determined by preparation of a traffic impact analysis in accordance with Section 7.7. F. Off-site Improvements. Where traffic impact analysis demonstrates the need for such facilities, the property owner shall make such improvements to off-site 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 subdivider or developer pursuant to Section 16. Page 42 Article XIII. Subdivisions September 23, 2002 Roadway Facilities Standards Town of Westlake Unified Development Code G. Street Dedications. 1. Dedication of Right -of -Way. The property owner shall provide all rights-of- way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the Thoroughfare Plan or other valid detailed development plans approved by the Board of Aldermen Rights-of-way shall parallel proposed curb and gutter improvements including radiuses rights-of-way at intersections. 2. Slope Easements. The dedication of easements, in addition to dedicated rights-of-way shall be required whenever, due to topography, additional 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 improvements and traffic control 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 installation of traffic signals determined 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 continuous travel between communities and urban centers. Arterial are generally four (4) or more lanes wide. B. Collector. A street which is continuous through parts of a residential 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 communities or urban centers E. Industrial or Commercial Street. A street intended primarily to serve traffic within an area of industrial or commercial development. 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 emphasis 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 general traffic circulation. 7.3 Design Standards A. General. All streets and thoroughfares shall be designed in accordance with these regulations and applicable standards established in the Thoroughfare Plan and Comprehensive Plan, and according to current Town standards and specifications, 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. September 23, 2002 Article XIII. Subdivisions Roadway Facilities Standards Page a3 Town of Westlake Unified Development Code 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 turn -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. E. 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"have 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. 1. 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 Page 44 Article XIII. Subdivisions` September 23, 2002 Roadway Facilities Standards 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 Subdivisions may be developed with private streets instead of public streets if the development complies with the requirements of the section and the subdivision 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 regulating 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 guidelines and Construction Standards and Details; 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 Zoning 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 public streets; 2. Impair access to property either on-site or off-site to the subdivision; 3. Impair access to or from public facilities including schools, parks and libraries; or 4. Delay the response time of emergency vehicles. C. Property Owners Associations Required. Subdivisions developed with private streets must have a mandatory property owners association which includes all property served by private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. Such documents shall be reviewed 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 approval of the final plat. Lot deeds must convey membership in the association and provide for the 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 without 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 the 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 utility 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 governmental service or function, including but notflimited to fire and police protection, inspection and September 23, 2002 Article XIII. Subdivisions 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. 1. 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 Manual 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 Page 4s 1Article AIL'Subdivisions s 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 said 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 provision shall provide that all lot owners shall release the Town and other governmental entities for such damages and injuries. The indemnifications contained in this subsection apply regardless of whether 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 Engineering 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 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 existing streets, shall not duplicate any existing street name in the 911 service area. 2. If a new street is a direct or logical extension of an existing street, the existing street name shall be used. 3. Street name suffixes such as place, court, circle 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 shall be consistent with the existing and established street naming and address numbering system of the general area in which the street is located. 5. Alphabetical and numerical street names shall not be used. September 23, 2002 Article XIII. Subdivisions Page 47 Roadway Facilities Standards Town of Westlake Unified Development Code 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 following elements: A. General Site Description. The traffic impact analysis 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 within a one (1) mile radius of the site. B. 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; Page 48 Article XIII. Subdivisions September 23, 2002 Roadway Facilities Standards 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 this 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 site driveways within one (1.0) mile of a proposed site. 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 progression, ratio of signal green time to cycle time (G/C ratio), roadway grades, pedestrian flows, and peak hour factor. 2. Adequacy Analysis. The intersections included within the traffic impact analysis shall be considered 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 Aldermen. E. Effect of Adequacy Determination. If the adequacy determination for roadways and intersections indicates 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 service required, the proposed development shall be denied unless the developer agrees to one of the following conditions: 1. the deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed, as shown in the Town's Capital Improvements Plan; 2. a reduction in the density or intensity of development; 3. the dedication or construction of facilities needed to achieve the level of service required; or 4. any combination of techniques identified that would ensure that development will not occur unless the level of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of the development. September 23, 2002 Article XIII. Subdivisions Page 49 Roadway Facilities Standards Town of Westlake Unified Development Code SECTION 8 SIDEWALKS AND BIKEWAYS 8.1 Sidewalks Sidewalks shall conform to established Town standards and specifications. 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 width. Easements shall be indicated on the plat. 8.3 Bikeways Hike and bike sidewalks (bikeways) shall be constructed along streets designated for hike and bike trails. Bikeways shall be constructed in accordance with AASHTO standards. Bikeways shall be built by the owner at the time of site development, or the owner may petition for the Town to construct such facilities, subject to escrow policies stated in Section 16.5. Page 50 Article XIII. Subdivisions September 23, 2002 Sidewalks and Bikeways 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 facilities 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 engineering 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 Master 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 Facilities. 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 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 point on the exterior wall of the building. There shall be sufficient hydrants to concentrate the required fire flow, as recommended by the publication "Fire Suppression Rating Schedule" published by the Insurance Service Office, around any building with an adequate flow available from the water system to meet this required flow. In addition, the following guidelines shall be met or exceeded: 1. Single Family and Duplex 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 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 September 23, 2002 Article XIII. Subdivisions Water Facilities Standards Page 51 Town of Westlake Unified Development Code 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 minimum 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 within 100 feet of the fire department connection for such system. 5. Non -Residential Property or Use. Fire hydrants shall be installed along all fire lane areas as follows: a. Within 150 feet of the main entrance b. Within 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. Page 52 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 Facilities. 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 discharge 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 established Town policies 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 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. 10.4 On -Site Treatment 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 unavailable, the Town, at its sole discretion, may authorize the use of an on-site wastewater facility 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. September 23, 2002 Article XIII. Subdivisions Page 53 Wastewater Facilities Standards 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 facilities 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 initially 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 required, 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, Page 54 Article XIII. Subdivisions s 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 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. 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. September 23, 2002 Article XIII. Subdivisions Page 55 Drainage Facilities Standards Town of Westlake Unified Development Code 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. Page 56 Article X111. Subdivisions Drainage Facilities Standards September 23, 2002 Town of Westlake Unified Development Code SECTION 12 UTILITY STANDARDS 12.1 Utilities All utilities lines must be located underground 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 within street rights-of-way. Notwithstanding the above, developers may offer easements outside of street rights-of-way. All utility facilities existing and proposed throughout the property shall be shown on the preliminary plat and accompanying development plans. B. Size of Easements. Easements shall be provided for both municipal and private utilities. Municipal or other public utility easements for water, wastewater and storm sewer shall be a minimum of fifteen (15) feet in width. All municipal easements may be wider as determined by the Town Engineer depending on the depth and the size of the utility. Private utility easements must be sized by the utility company. Proper coordination shall be established between the Town's property owner and the applicable utility companies for the establishment of utility easements on adjoining properties. C. Location of Utility Easements. When topographical or other conditions are such as to make impractical the inclusion of utilities 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 lines. Easements shall be indicated 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 cable TV easements shall meet the requirements of the respective 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 public improvements. 12.4 Utility Duct Bank Facilities. Electric, cable, traffic, water and sewer metering, low waft lighting, telephone, Internet provider, "Smart House" facilities serving the subdivision, development or addition may be located within the Town's utility 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 subdivision development, or addition and each lot or tract therein and shall be located and sized to conform to the Town's Engineering Standards and specifications in accordance with the Town's Master Plan for Utility Duct Banks. A. Conformity to Master Plan. All additions to the duct bank system shall conform to theTown's Master Plan for Utility Duct Banks and other requirements of the Town. The Town may require a study to support the location and capacity of the utility duct banks before final plan approval. The proposed location and capacity of a proposed development shall not exceed the capacity of the utility duct bank based upon required studies. B. Design and Construction Requirements. All design and construction shall ` be done under the inspection of the Town and in accordance with the Town's established policies and practices. No utility duct bank system will be constructed September 23, 2002 Article XIII. Subdivisions Page 57 Utility Standards Town of Westlake Unified Development Code 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. Page 58 Article XIII. Subdivisions September 23, 2002 Utility Standards 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. B. 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 All installations regulated 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. September 23, 2002 Article X111. Subdivisions Page 59 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. Page 60 Article XIII. Subdivisions September 23, 2002 Underground Utilities 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 all 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 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 September 23, 2002 Article XIII. Subdivisions page 61 Open Space Town of Westlake Unified Development Code 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, dimension, topography, 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 (excluding the channel). C. Access to a linear park must be available through a dedicated public street with 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 permitted 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 corridor 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. Unstable and disturbed areas shall 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 corridors for connection to the Town -wide system are provided, provisions may be made in the Development Agreement to provide cash -in -lieu of dedication. B. City Participation. In the event that the reasonable value of required land dedication exceeds the demands generated by the subdivision, the Town may 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. Page 62 Article XIII. Subdivisions September 23, 2002 Open Space 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. September 23, 2002 Article XIII. Subdivisions Page 63 Open Space Town of Westlake Unified Development Code SECTION 15 PUBLIC LANDS REQUIREMENTS 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. Page 64 Article X111. Subdivisions September 23, 2002 Public Lands Requirements 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 requirements 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 also 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 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 subdivision. 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 Sectiori' 11.2.B to accommodate potential runoff from an upstream drainage area. September 23, 2002 Article Xlll. Subdivisions Page 65 Participation Policies Town of Westlake Unified Development Code 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. Eligibility and the terms of payment will be made in accordance with 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 shall not participate in the following costs: A. Those portions of the costs of any public 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 Engineer and not attributable to the subdivision. D. Costs of retention/detention ponds or slope protection. E. When reimbursing the property owner or developer pursuant to this Article, the Town shall pay a maximum of 12% of the Town's participation cost for engineering fees, which includes surveying, construction staking and supervision, and the Town shall not be responsible for any other costs associated with surveying, design, geo-technical investigations, quality controls or other construction costs. 16.4 Procedures for Town Participation A. Subdivision Improvement Agreement. The developer must enter into a Subdivision Improvement Agreement in which 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. Loc. 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 with 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 will 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. Page 66 Article X111. Subdivisions September 23. 2002 Participation Policies 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 subdivision. 16.5 Escrow Policies and Procedures 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 deposits 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 obligations 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 determination 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 authorized 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 permit 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 deposited 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 interest, 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 rate of actual earnings received on the escrowed funds. September 23, 2002 Article XIII. Subdivisions Participation Policies Page 67 Town of Westlake tn, Unified Development Code ARTICLEFLOODPLAIN SECTION 1 PURPOSE ......................................................... SECTION2 APPLICABILITY..........................................................................................................1 SECTION 3 METHODS OF REDUCING FLOOD LOSSES ............................................ SECTION 4 D EFlNlTIONS.................................................................. SECTION 5 GENERAL PROVISIONS .................................. ............... SECTION 6 ADMINISTRATION .......................................... SECTION 7 FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES........................................6 7.1 Floodplain Development Permit ........................ 6 7.2 Application ............... 7.3 Approval or Denial.............................................................................. 7.4 Floodplain Development Permit Fee............................................................................ 7 SECTION 8 PROVISIONS FOR FLOOD HAZARD REDUCTION .................... 7 8.1 General Standards 8.2 Specific Standards for Habitable Structures.................................................................8 8.3 Standards For Subdivision ...................................... 8.4 Standards for Streets, Drainage, and Utilities ....................... SECTION 9 VARIANCE PROCEDURES........................................................................................9 9.1 General... 9.2 Variances......................................................................................................................9 9.3 Maintenance of Record........................................................ ....................................... 9 SECTION 10 FLOODWAYS........................................................ 10.1 Encroachments Restricted ....................................... . ................................. _............. 9 SECTION 11 APPEAL PROCEDURES ........................................... 11.1 General ............................................... 10 11.2 Record Maintained................................................................. February 16. 1998 Article XIV. Floodplain Table of Contents Page i 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 providing 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 regarding 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 result in damaging increases in erosion, flood heights or velocities. • To require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; • To control the alteration of natural floodplains, stream channels, and natural prospective barriers, which help accommodate or channel flood waters; • To control filling, grading, dredging, and other development which 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, and general welfare. SECTION 4 DEFINITIONS Unless specifically defined below, words or phrases used in this article shall be given their common meaning and construed to effect a reasonable interpretation of this article. 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 channel does not exist, where the February 16, 1998 Article XIV. Ftoodplain Page 1 Town of Westlake Unified Development Code 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, AI -99, VO, Vi -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 Guiding means a building with no basement which: (i) for zones AI -30, AE, A, A99, AO, AH, B, C, X, and D, has the top of the elevated floor, or for zones VI -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 AI -30, AE, A, A99, AO, AH, B, C, X, and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to allow for the unimpeded movement of flood waters. For zones Vi -30, VE, or V, elevated building also includes a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of 44 CFR Part 60, section 60. 3 (e) (5) of the National 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 the 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 effective before that date. Existing construction is used interchangeably in this article with the term existing structures. Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land by water resulting from: 1. The overflow of inland or tidal waters, or 2. The unusual and rapid accumulation or run-off of surface waters from any source. Flood Boundary Floodway Map (FBFM) is that portion of the Flood insurance Study which delineates the regulatory floodway within a floodplain. Page 2 Article XIV. Floodplain February 16, 1998 Town of Westlake Unified Development Code Flood Insurance Rate Mao 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 Adiacent 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 which 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 -elevation design requirement of 44 CFR Part 60, section 60.3, of the National Flood Insurance Program regulations. Mean Sea Levet 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. February 16, 1998 Article XIV. Floodplain Page 3 Town of Westlake Unified Development Code 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 dimensions 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. Pa0e 4 ns:. -L, vtv 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 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 February 16, 1998 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 -carrying 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 5.13 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) shalt be permitted within Zones AI -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 Permit 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 proposed structures, and the location 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. Page 6 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 floodplain boundaries, and the degree to which a `natural" appearing floodplain is preserved and integrated into the development. 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 and anticipated development; F. The safety of access to the property in times of flood 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 water systems, H. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and effects of wave action, if applicable, expected at the site. 1. 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 In all areas of Special Flood Hazards, the following provisions are required for new construction and substantial improvements: February 16, 1998 Article XIV. Floodplain Page 7 Town of Westlake Unified Development Code 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; D. 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 certification to the Town Engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood -proofed shall be maintained by the Town Engineer. B. New construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement elevated to not less than two (2) feet above the base flood level taking into account the effects of future urbanization or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability or resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 8.3 Standards For Subdivision All subdivision proposals shall comply with the provisions of this Article. 8.4 Standards for Streets, Drainage, and Utilities A. The finished elevation of proposed streets shall be at least two (2) feet above the base flood elevation. B. Where necessary, profiles and elevations of streets may be required to determine compliance with this requirement. C. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights. D. Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. E. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings and on-site waste disposal sites. Page 8 Article XIV. Floodplain February 16, 1998 Town of Westlake Unified Development Code s' 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 designated floodway. 9.3 Maintenance of Record The Town Engineer shall maintain a record of all variances to the requirements of this Article and shall report such variances, upon request, to FEMA. SECTION 10 FLOODWAYS 10.1 Encroachments Restricted Located within areas of special flood hazard established in Section 5 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential 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 base flood discharge. B. If the provisions of the foregoing paragraph are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8, Provisions for Flood Hazard Reduction. February 16, 1998 Article XIV. Floodplain Page 9 Town of Westlake Unified Development Code SECTION 11 APPEAL PROCEDURES 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. Page 10 Article XIV. Floodplain February 16, 1998 Town of Westlake Unified Development Code ARTICLE XV. ENFORCEMENT SECTION I COMPLIANCE REQUIRED SECTION 2 NOTICE OF INTENT TO SUSPEND OR REVOKE ..................................................... SECTION 3 SUSPENSION OR REVOCATION OF PERMIT .......................................................... SECTION 4 SUSPENSION OR REVOCATION OF PERMITS CONDITIONED BY A VARIANCE OR SPECIAL EXCEPTION ................................................................... 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 CRIMINA ',ENFORCEMENT ................................ 3 SECTION 10 CIVIL REMEDIES 4 10.1 General ........................ 4 February 16, 1998 Article -J. Enforcement Table of Contents Page i 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 within a reasonable period of time. Notice of suspension or revocation of a building permit, or certificate 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 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 suspension 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) days after notification of the suspension or revocation. If the Board determines that there is a failure to comply with any term, condition or requirement of the variance or February 16, 1998 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, SPECIFIC 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 there is compliance with all ordinances and regulations. The Chief Building Official or designee may revoke a Certificate of Occupancy if compliance is not achieved within a reasonable time. Notice of suspension or revocation of a certificate of occupancy shall be mailed by certified mail, return receipt requested. A Certificate of Occupancy may be immediately revoked by the Chief Building Official or designee where additional non-compliance occurs after the certificate has 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 error of law in his order, requirement, decision or determination. SECTION 7 CEASE AND DESIST ORDER 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 Desist Order shall be in writing and shall be posted on the site. The order shall specifically state the nature of the non-compliance and the acts prohibited. Page 2 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, REVOCATION OR SUSPENSION 8.1 Appeal Process Appeal of a Cease and Desist Order, suspension or 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 the appeal; B. The facts surrounding of particular appeal; C. The nature of the Cease and Desist Order, suspension or revocation; and D. The reasons why the ruling should be set aside. E. The Board of Aldermen or appropriate board shall hear the appeal at its next regularly scheduled meeting following receipt of the notice of appeal provided that the appeal is received at least three (3) working days prior to that meeting. The Board of Aldermen or appropriate board shall either affirm or reverse the decision appealed no later than seven (7) days after 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 The violation of any of the provisions of this Code shall be unlawful and shall constitute a misdemeanor. Each day that the violation continues shall constitute a distinct and separate violation offense. Any criminal violation of this Code may result in a fine in an amount not to exceed $2,000.00 per offense. Nothing in this section shall limit in any manner the authority of the Town to seek any injunctive or other civil relief available under the laws of the State of Texas. February 16, 1998 Article XV. Enforcement Page 3 Town of Westlake Unified Development Code SECTION 10 CIVIL REMEDIES 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. Page 4 Article XV. Enforcement February 16. 1998 Town of Westlake Unified Development Code ARTICLE XVI. DEFINITIONS SECTION1 USAGE...................................................................................... 1 SECTION 2 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 will 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 device 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. Loc. 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 Basement. That portion of a building, the floor of which is wholly or partly below the adjoining grade. Berm Or Low Profile Sign. Any sign with all components permanently affixed, and if illuminated, permanently wired for lighting, with the copy bearing portion of the structure and/or embellishments beginning at grade, or within six (6) inches of grade. Billboard. Any flat surface erected on a framework or on any structure, or attached to posts and used for, or designed to be used for the display of bills, posters or other advertising material, for the purpose of advertising a business o r activity not located on the same premises as the said advertising material. Mobile advertising, hand -carried signs, and political signs shall not be considered a billboard for purposes of this Ordinance. Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, or boundary lines of municipalities. The term 'Block" may also be used as part of a legal description. Board. The Board of Aldermen of the Town of Westlake, Texas Board of Aldermen. The governing and legislative body of the Town of Westlake, Texas. Bond. Any form of a surety bond in an amount and form satisfactory to the Town. Build. To erect, convert, enlarge, reconstruct, restore or alter a building or structure. Buildable Area. The portion of a lot remaining after required yards and setbacks have been provided. Building. A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. Building Area. That portion of a building site exclusive of the required yard areas in which a structure or building improvement may be erected and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan. Building, Detached. A building surrounded by yards or open space on its own building lot, or buildings in a building group that are physically detached one from the other. Building, Height of. The vertical distance from grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the midpoint of the highest pitched or hip roof. Tt►:DwX Lkw To.HiO000 Paint. Pf C..oPirg' 0MLE, HJP OR _QAMRi�t.Rwc December 13, 2004 Article XVI. Definitions Ik # 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 building 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 g round. 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 ON A SLOPE ... ........ Lines of Measur Town of Westlake Unified Development Code ��Normal.line.of.Measurem ............ . Actual Line of Measurem 4'-s~ 1 1 Varie IRREGULAR SWELLING (Requires Discretion} # 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 Engineer or his designee who is the administrative official responsible for issuing permits and enforcing the building codes of the Town. City. 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. Definitions ,' Ba oit-off Town of Westlake Unified Development Code Density - Gross..The density in FAR or dwelling units per acre, inclusive of roadway right-of-way and dedicated public parks and open space. Density - Net. The density in FAR or dwelling units per acre, exclusive of roadway rictht-of-way and dedicated public parks and open space. Developer. The person, business, corporation or association responsible for the development of the subdivision, development plat, or addition. In most contexts the terms Developer, Property Owner and applicant are used interchangeably in these regulations. Developer Agreement. See "Improvement Agreement." Development or to Develop. Any man-made change in improved and unimproved real estate, including but not limited to construction or enlargement of buildings or other structures, drainage or utilities, mining, dredging, filling, grading, paving, excavation, or drilling operations, but not agricultural activities. Development Exaction. Any dedication of land or easements for, construction of, or contribution toward construction of a public improvement required as a condition of plat approval by the Town under these regulations. Development Plat. A map of a development authorized under subchapter B of Chapter 212 of the Tex. Loc. Government Code, to be submitted and approved by the Town under standards established in Article XIII Section 2.8. Development Plats al so refers to the land to be developed, depending on the context. Display Case. A case, cabinet or other device having a window of glass or other transparent material, or other opening, access to which is made from other than within a structure or building. District. A Zoning District; a section of the Town for which the regulations governing the area, height, and use of buildings and land are uniform. Double Pole Structure. Any structure using two (2) single poles to support a sign, with any two (2) poles being separated a minimum distance of thirty-six (36) inches. Pole embellishments of any kind shall not be a part of a pole or poles ; however, minimal structurally designed cross - bracing may be included with poles. Drainage Way. All land areas needed to allow passage of the Base Flood, including sufficient access above the Base Flood elevation along each side of the parallel to the natural or excavated channel. Drip Line. A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code Dwellinq. 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 policies. 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 multiplying 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 defractor (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, Fifty -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 Engineers 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 emitting 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 districts. 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 painted, stamped or applied on glass, or metal tracery of letters or designs filled with glass, or metallic surfaces enameled with glass or vitreous substance. December 13, 2004 Article XVI. Definitions 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 building, the area in square feet measured by taking outside dimensions of the building at each floor, excluding however, the floor area of basements or attics when not occupied or used and any areas wi thin the building used for off-street parking. Halogen Lamp. Also known as tungsten -halogen, 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 produces 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. High Pressure Sodium (HIPS). A high intensity discharge 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 within six 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 control zone, the advertising material 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 within the dwelling, and is not detrimental or injurious to the economic or aesthetic value of adjoining 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 facilities for diagnosis, treatment, surgery, laboratory, X-ray, nursing, and the prolonged medical care of bed patients. Hotel. One (1) or more buildings containing individual living or sleeping units specially designed as temporary quarters for transient guests, including provisions for meals and personal services. A hotel includes a motel. IESNA. Illuminating Engineering Society of North America. Improvement Agreement. A contract entered into by the developer and the Town by which the developer promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval. Also referred to as "Developer Agreement" or "Subdivision Improvement Agreement." Incandescent Lamp. Any lamp that produces light by heating a filament through use of an electric current. Interior Sign. Any sign on the etterior wall of a building that is not visible from a public street or roadway or parking lot. Landowner. The term landowner shall include any person having the right of possession of real property. If that person is a corporate entity, the term landowner includes the executive officer of the corporation. The term owner may be used interchangeably herein with the term landowner when it refers to the right of possession of real property. December 13, 2004 Article XVI. Definitions 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 radiation 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 candela per square meter. Maintain. To allow to continue or exist. Maintenance. The act of periodic repair. 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 Building 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 equivalent: Textured Surface Plywood shall be manufactured according to specialty sidings with special surface treatment such as V -groove, channel groove, striated, brushed, rough sawn, and shall comply with specifications for 303 specialty siding, as published by the American Plywood Association. The grade mark shall identify 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 thick and shall be of a rack, impact, and a painting surface quality equivalent to 3/8 inch masonite exterior siding, back -sealed and face -primed on both sides. 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 with the Westlake Building Code. Equivalency shall be based on the structural qualities of the 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 8fx8i racking specimens shall be tested. Average minimum 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 facilities and which meets the requirements of Article XII1, Section 2.7 of these regulations. Mobile Advertising. Any visual advertising device placed on a merchandising 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 advertising 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 which 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 no t require a waste discharge 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 o wned, used, or operated and maintained for the common benefit of the inhabitants of a development; Permanent Open Space is that open space land which is legally restricted to park, 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 O 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 to 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 recommending 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 structural members. Political Sign. Any device announcing or promoting the candidacy of one or more persons for elective public office, or concerning any political 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, indicating the proposed manner or layout of the subdivision or addition to be submitted to the Town for approval. Private Directional Sign. A sign not erected by or under authority of any governmental agency, which contains only information designed to direct pedestrian or vehicular traffic and which contains no advertising material or business name. Examples of private directional signs include signs bearing only the word entrance or exit, located on or near a parking lot. No sign which contains the name of a business or activity, or any other advertising material, shall be considered a private directional sign, even though such sign may also contain the word entrance or exit. A sign containing the word parking at any parking lot shall be considered an advertising sign, not a private directional sign. Programmed Electronic Displays. Any display in which lamps are used to give time, 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 legal title 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 other similar fencing with a four foot (4') approximate height. Public Improvement. Any drainage 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 responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established or that affects the health, safety or welfare of general public. Record Drawings. Drawings that show, according 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 equipment 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. December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code Replatting. Any change in a map of an approved or recorded plat, except as permitted as an amended plat, that affects any street layout on the map or area reserved or dedicated thereon for public use or any lot line, or that affects any m ap or plan legally recorded prior to the adoption of any regulations controlling subdivisions or additions under Tex. Local Government Code, Section 212.014-.015. Replatting includes the combination of lots into a single lot for purposes of development. Resubdivision. The replatting of a subdivision plat. Right -of -Way. A parcel of land occupied or intended to be occupied by a street or alley, and where appropriate, other facilities and utilities including sidewalks, railroad crossings, electrical, communication, oil or gas, water or sanitary or storm sewer facilities, or for any other special use. The use of right-of-way shall also include parkways and medians outside of pavement. The usage of the term right-of-way for platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established. Secondary Use. A collateral use of land or buildings, which is customarily done or performed in conjunction with a permitted principal use, but not constituting a majority of either the employment, area or revenues of the combined uses. Security. The letter of credit, cash escrow or first and prior lien on the property provided by the applicant to secure its promises in the improvement agreement. Setback. The distances from structures to right-of-way and/or lot lines. Side Street Rear Yard Setback Shielding. A physical structure intended to restrict emitted light. Show Window. A window or opening in the walls of a structure or building used for commercial purposes, the area behind such window or opening being accessible only from within the structure or building of which it is a part or attached to . December 13, 2004 Article XVI. Definitions CORNER LOT ! Side Yard Setback On Side Street _ Front Yard H V Setback `Building Area j I Side Yard Setback Rear Yard Setback Shielding. A physical structure intended to restrict emitted light. Show Window. A window or opening in the walls of a structure or building used for commercial purposes, the area behind such window or opening being accessible only from within the structure or building of which it is a part or attached to . December 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, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered 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 signs, vending machine signs shall not be considered signs for purposes of this Ordinance. Sign Permit. A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specific billboard, sign 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 carrying 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 dimension than twelve (12) inches, unless structural design necessitates. Site Plan. A plan required as part of a planned development zoning ordinance. 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 ceiling 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 public use. Street Banner. Any commercial or non-commercial flag or banner hung or suspended over any public 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 operation. Structural Alterations. Any change in the supporting members of a building, such as load bearing walls or partitions, columns, beams or girders, or any substantial changes in the roofs or exterior walls. Structurally Alter a Sign. To change the form, shape or size of an existing sign or any supportive or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. December 13, 2004 Article XVI. Definitions 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, radio towers, and porches, but 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 subdivision or addition, or, who (3) engages directly or through an agent in the business of selling, leasing, 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 indirectly controlled by, or under direct or indirect common control with any of the foregoing. Subdivision. The division of any tract or parcel of land into two or more lots for the purpose of, whether immediate or future, offer, sale, or 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 Agreement." Substandard Street. An existing street or highway that does not meet the minimum t 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 Professional Land Surveyor licensed under 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 maintained by an owner during construction of the development of the subdivision or addition and prior 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; this definition includes signs attached to trailers which are not mobile advertising as defined in Article X. Thicket. A collection of trees with one (1) inch or greater caliper which provide a contiguous canopy cover. Thoroughfare Plan. The official plan for streets and thoroughfares for the Town of Westlake, including transportation goals and policies, functional street classifications and the transportation system diagram, contained in the Town's adopted Comprehensive Plan. Town. The Town of Westlake, Texas, together with 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 municipal attorney for the Town. Town Engineer. The person appointed by the Board of Aldermen to perform the functions of Chief Building Official and/or engineer for the Town. Town Landscape Architect. The person appointed by the Board of Aldermen to be the duly 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 designee. 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 several stems or 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 following species: Ailanthus Altissima (Tree of Heaven) Alibizzia Julibrissen (Mimosa) Maclura Pomifera (Female Only) Bois d'Arc Melia Azeoarach (Chinaberry) Salix Nigra (Black Willow) Celtis Occidentalis Laevigata (Hackberry) Use. When applied to land or buildings, the purpose or activity for which such land or 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 diameter that when fitted together and buried forms a continuous linear facility in which cables, wires, and fiber optics may be insert ed 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 horizontal to the ground, three feet from the ground and directly beneath the light source. December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code Value Measurement Minimum. Represents the measurement of light measured horizontal to the ground, three feet from the ground and midway between light sources. Minimum values are also the measurements taken for inside structure measurements or in areas of generally uniform coverage such as canopies, ball fields, tennis courts, etc. r , f k e S t � k 1 55 f 1 f 1 f k l k 7r k f f { Maximum value measured directly Minimum values measured midway beneath the light source. between light sources. Vending Machine Sign. Advertising material affixed to a coin-operated vending device, which advertising pertains only to the goods or services sold or dispensed by the vending device to which it is attached. Visible Sign. When used in connection with visibility of a sign from a highway, the term visible shall mean that the advertising material is visible from said highway; if a sign is located within six hundred and sixty (660) feet of a high way, but is so situated that it is readable only from another street, and not readable from the highway, it shall not be considered to be visible from the highway even though the structure supporting the sign can be seen from the highway. Variance. An adjustment in the application of the specific regulations of this title to a particular piece of property, which property because of special circumstances uniquely applicable to it is deprived of privileges commonly enjoyed b y other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges. Wind Turbine. Any of various machines used to produce electricity by converting the kinetic energy of wind to rotational, 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. Yard. An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this ordinance. December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code Yard Front. A yard extending along the whole length of the front lot line between the side lot lines and being the minimum horizontal distance between the street right-of-way line and main building or any projections thereof other than steps and unenclosed porches. Yard Rear. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, or unenclosed porches. Yard Side. A yard extending along the side lot from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof and the side lot line. Zoning District Map. The Zoning District Map is the map or maps incorporated into this ordinance as a part hereof by reference thereto. December 13, 2004 Article XVI. Definitions Town of Westlake Unified Development Code APPENDIX Appendix A List of Approved PDs Appendix B List of Approved SUPs Appendix C Sample Landscape Plan/ Landscape and Irrigation Standards Appendix D Town's Approved Plant List October 22, 2001 Appendix. Page 1 tiY �� �.h�t '�, a..raj�.+= �df" ZyIV�.J �'„� .�-a �— PD No. 2 Maverick Planning Area i r . ii OFFICE ,OFFICE�`�,� COMM. L 1 ;.Lt major: �011eCfor; • f �f' (6 lanaA 4ed).. 1 ' � �Locdt{on tc be � { 1 dkernined.: y� 'v)rWate accs)'••.^` / ° `•OFFICE 1 • g OFFICE t ` AVV i Ordinance No. 301 & 306 SN 114 100'nininun setback 150' average setback Collector (A \one divided). Location to be deternlned. (private access) OFFICE OFFICE f f Access o?•er flood r r .pCnne locgtbn t 4 tcrrxned OFFICE: o be de � ' OFFICE # r. PUBLIC r `� r'. u OPEN SPACE /,� e GOLF i t' SINGLE ( i FAMILY Y i j�i+cla eRimr�.a+<�s� ua wY�rucsm[aia ilia Dove Road SINGLE FAMILY CONCEPT PLAN M.werick Conu»crcial Real Estate Date: July 10, 1994 t LEGEND Final Road location to be determined Collector (private access) (6 lane divided). Location to be determined. OFFICE Collector (A lane divided). Location to be de ternlned. — Mini— Setback for the 75' naxinun building height oss—ng 15'1 slope fro' the closest residential property line QthNOTE, roods internal to e site are private 1 i 7onogr cp.y ................... oven Space t G: _ - ,r s e open S p � C i :7, I(. �.,, , S.:s n,,%en:;r ( 309 305 Ac., s m EM tr Iq I II s 3; -o ----------- 6 M LEGEND Area Acres + 3-1 Ordinance 1 451.9 3 516.0 4. 181.5 5 200.0 6 193.3 7 392.3 8 222:6 g 157.8 Tota( 2315.4 ®•• •• PD District Boundaries PD No. 3 Circle T Ordinance No. 307 PD No. 3-1 Ordinance No. 308 PD No. 3-3 Ordinance No. 309 PD No. 3-4 Ordinance No. 310 PD No. 3-5 Ordinance No. 311 PD No. 3-6 Ordinance No. 312 PD No. 3-7 Ordinance No. 313 PD No. 3-8 Ordinance No. 314 PD No. 3-9 Ordinance No. 315 Informational Only. Not Part of PD Concept Plan or PD Ordinance. J' Lt Circle Tanch L Originals are in Color 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 09/05/2000 SUP -00-03 Approved 11/14/00 WB Tx. Resort comm Water Well 02/20/2001 SUP -01-01 !Approved 3/12/01 Castlegate Homes Water Well 05/16/2001 SUP -01-02 !Approved 6/25/01 1831 River Oaks Vaquero Liquor License 07/19/2001 SUP -01-03 !Approved 10/22/01 Town of Westlake Unified Development Code APPENDIX D - APPROVED PLANT LIST SECTION I GENERAL PLANT LIST ................................................................................ 1 SECTION 2 SPECIAL PLANT IST ................................................................................... 3 Appendix D - Approved Plant List Page i SECTION 1 GENERAL PLANT LIST COMMON NAME SCIENTIFIC NAME TREES Texas Buckeye' Chittamwood' Catalpa" Pecan' Hackberry' Leyland Cypress Common Persimmon' Green Ash' Texas Ash't" Ginkgo Honey Locust' Eastern Red Cedar' Golden Rain Tree Sweetgum Southern Magnolia Chinaberry" Eldarica Pine Chinese Pistache American Sycamore' Eastern Cottonwood•/" Escarpment Black Cherry Blackjack Oak' Bur Oak' Chinquapin Oak' Live Oak Post Oak' Shumard Red Oak' Texas Red Oak' Western Soapberry' Chinese Taliowtree Bald Cypress Cedar Elm' Lacebark Elm Foster Holly Aexculus arguta Bumelia lanuginosa Catalpa bignoniodes Carya illinoensis Ceitis bignoniodes Cupressocyparis leylandi Diospyros virginiana Fraxinus pennsylvanica Fraxinus texenis Ginkgo biloba Gleditsia triacanthos Juniperus virginiana Koeireuteria paniculata Liquidambar styradflua Magnolia grandiflora Melia azedarach Pinus eidarica Pistacia chinensis Platanus occidentalis Populus deltoides Prrunus serotina eximia Quercus marilandica Quercus macrocarpa Quercus muhlenbergii Quercus virginiana Quercus steilata Quercus shumardii Quercus texana Sapindus drummondii Sapium sebiferum Taxodium distichum Uimus crassifolia Uimus parvifolia Ilex xattenuata 'Fosteri' 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 Purpieleaf Plum Mexican Plum` Flowering Peach Gallery Pear cuitivar Carolina Buckthorn` Fiameleaf Sumac' Prairie Fiameleaf Sumac` Eve's Necklace' Mexican Buckeye' Rusty Biackhaw' Appendix D - Approved Piant List Town of Westlake Unified Development Code SCIENTIFIC NAME Cercis canadensis var. Texensis Cercis canadensis var. Mexicana Cercis reniformis var. Oklahoma Chilopsis linearis Comus drummondii Comus florida Diospyros texana Elaeagnus angustifolia Ilex vomitoria Koelreuteria paniculata Lagerstroemia indica Malus spp. Myrica cerifera Parkinsonia aculeata Prosopis giandulosa Prunus Carolina Prunus cerasifera Prunus mexicana Prunus persica Pyrus calleryana Rhamnus carotiniana Rhus copallina Rhus lanceolata Sophora affinis Ungnadia speciosa Viburnum rufidulum SECTON 1 GENERAL PLANT LIST COMMON NAME SCIENTIFIC NAME SHRUBS Glossy Abelia Century Plant Indigobush 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` GROUNDCOVER Ajuga Artemesia' Horseherb' Frogfruit' Oklahoma Pm' Turk's Cap' Coralberry' Purple Wintercreeper English Ivy Lilyturf Honeysuckle Monkey Grass Japanese Starjasmine Bigleaf Periwinkle Dwarf Periwinkle Creeping Liriope Abelia grandiflora Agave Spp. Amorpha fruticosa Aucuba japonica spp. Berberis (Mahonia) swaseyi Berberis thunbergii Buxus microphylla Callicarpa americana Chaenomeleslagnearia Cotoneaster spp. Elaeagnus pungens Euonymus spp. Fatsia japonica Forsythia x intermedia Hesperaloe parviflora Ilex 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 regia Temstroemia gymnanthera Viburnum spp. Yucca spp. Ajuga reptans Artemesia ludovicana Calyptocarpis vialis Phyla nodiflora Prunus gracilis Malvaviscus drummondii Symphoricarpus orbiculatus Euonymus fortunei coloratus Hedera helix Liriope muscari spp. Lonicera japonica spp. Ophiopogon japonicum Trachelospermum asiaticum Vinca major Vinca minor Liriope spicata M01�1 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 Big Bluestem' Brushy Bluestem' Appendix D - Approved Plant List 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 domestica spp. Photinia x frased Clematis panculata Hedera helix Parthenocissus tricuspidata Rosa banksiae Wistaria sinensis Andropogon gerardii Andropogon glomeratus Town of Westlake Unified Development Code SECTION 2 SPECIAL PLANT LIST A. TOWN EDGE OPEN SPACE ZONES B. WESTLAKE BOULEVARD COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME 1. Primary tree species: (60% use) 1. Primary tree species planted in loose groves (natural tree grouping) on shoulders and medians: (60% use) ' Shummard Red Oak' Quercus shummardii Bur Oak' Quercus macrocorpa Post Oak` Quercus stellata Leyland Cypress Cupressocyparis leylandii 'Cedar Elm' Ulnus crassfolia Pines Pines spp. (use only in Shummard Red Oak' Quercus shummardii low ph sandy soils) American Sycamore` Platanus occidentalis Red Bud' Cercis canadensis 2. Secondary tree species: (40% use) Possumhaw' Ilex decidua Cedar Elm' Ulnus crassifolia Live Oak Quercus virginiana 2. Secondary tree species planted in loose grooves Blackjack Oak' Quercus marilandica (natural tree grouping) on shoulders and medians: (40% Texas Ash' Fraxinus texenis use) Pecan' Carya illinoensis Sumac - Prairie 'Texas Red Oak' Quercus texana Flameleaf Rhus lanceolata Texas Ash' Fraxinus texenis Desert Willow' Chilopsis Linearis Eastern Cottonwood' Populus deltoides Red Bud Cercis canadensis Bald Cypress Taxodium distichum Lacebark Elm Ulnus parvifolia 3. Grass Desert Willow' Chilopsis linearis Yaupon Holly' Ilex vomitoria Buffalo Grass` Buchide dactyloires 'Wax Myrtle' Myrica cerifera Prairie Flameleaf Sumac` Rhus lanceolata 4. Wildflowers: Group Type "A" 3. Grass Texas Bluebonnet Lupinus texensis Indian Blanket Gaillardia pulchella Buffalo Grass' Buchloe dactyloires Plains Coreopsis Coreopsis tinctoria Lemon Mint Monarda citriodora 4. Wildflowers: Group Type "B" Drummond Phlox Phlox drummondii Lance -Leaf Coreopsis! Moss Verbena Verbena tenuisecta Tickseed Coreopsis lanceolata Showy Primrose Oenothera speciosa Cornflower Centaurea cyanus Texas Paintbrush Castilleja indivisa Scarlet Flax Linum rubrum Johnny -Jump -Up Viola cornuta Mexican Hat Ratibida columnaris 'Drummond Phlox Phlox drummondii Purple Coneflower Echinacea purpurea 'Ox -Eyed Daisy Chrysanthemum Ieucanthemum Black -Eyed Susan Rudbeckia hirta Splitbeard Bluestem' Andropogon ternarius Sideoats Grama' Bouteloua curlipendula Inland Seaoats' Chasmanthium latifolium Common Bermuda Grass Cynodon dactylon Seep Muhly' Muhlenbergia reverchonii Alamo Switch Grass' Panicum virgatum 'Alamo' Little Bluestem (local)' Schizachyrium scoparium Lometa Indian Grass' Sorghastrum nutans 'Lometa' St Augustine Stenotaphrurn secundalum var. Raleigh Eastern Gama Grass' Tripsacum dactyloides Appendix D - Approved Plant List 3 THE STATE OF TEXAS ) COUNTY OF TARRANT ) 1, ( , PUBLISHER of the Alliance Regional Newspapers of Haslet, Texas,xa newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: December 24, 2004 Town of Westlake Ordinance No. 462-467 fisher/General Manager SUBSCRIBED AND SWORN TO before me on the A0 day of .°`to certify which witness my hand and official seal. ' r €F NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: ` 4 t IN-HOME CHILDCARE The Meadowlands in Justin: NOTICE OF PUBLIC HEARING TOWN OF WESTLAKE Monday - Call Sue Friday Gam b48 1724 or bpm �i -m- NOTICE IS HEREBY GIVEN TO ORDINANCE NO. 462 ALL INTERESTED PERSONS, f 0 Cornerstone g THAT: AN ORDINANCE ALTERING 940 390-2588 Full Time &Part -Time Rates Available s t ars^ Handyman. The City of Haslet, Texas pro- THE PRIMA FACIE SPEED LIM d x ITS FOR VEHICLES UNDER AMER, > SeI 9Et £s poses !o institute annexation , `THE PROVISfONS OF SEC- proceedings`ioenlarge ��E �.., 1111FIoney-IA�Jobs and Vtcra! and extend the boundary limits TION 545.356 OF THE TEXAS of said city to include the fol- TRANSPORTATION CODE Basic Plumbing &nec-,cal lowing described territory, to UPON STATE HIGHWAY NO. Mouldtng CttalrRailing j wit: 114 OR PARTS THEREOF, The AlasleF'ss Touch IN HANDYMAN.. Painting, 'Tree Se vices A 24.832 acre tract of land in WITHIN THE CORPORATE the 4.83 & P.R.R. t oSurvey, LIMITS OF THE TOWN OF School o f us&e (cleanup & hauli ) WESTLAKE, AS SET OUT IN a GatcsPencm Abstract No. 1130, situated in THIS ORDINANCE; PROVID- Lessons in: g Tarrant County, Texas and !NG A SEVERABILITY CLAUSE; Piano -Voice -Guitar Cable &' P sines being a portion of that tract AND PROVIDING A PENALTY Woodwind Insttutnents Ali wodc professionally doneconveyed to the Lacy Boggess OF A FINE NOT TO EXCEEDHone 4 sTrust b deed recorded in THE MAXIMUM AMOUNTString3nstruments bymVolume 15056, Pa e 445 of ALLOWED BY LAW FOR THE Jobs Around ` � j Page Show Chou , the Deed Records of Tarrant VIOLATION OF THIS ORDI- the � ouse Not I County, Texas (DRTCT) and a NANCE. Kindergarten Keyboard & Pau a 9 { rtion of that same tract of Pre-school Prograias Getting Done land conveyed to Sharon Ann TOWN OF WESTLAKE Available 214-364-5040 i McCulloch by deed recorded ORDINANCE NO. 463 Degreed Teachers Jobs US1 X40 in Volume 5403, Page 763 Now accepting teacher Large For You p DRTCT and beingmore AN ORDINANCE AMENDING ORDINANCE NO. 462 applications. Leave Message T4 D4 particularly described as fol ESTABLISHING THE PRIMA , lO UR ows: FACIE SPEED LIMITS FOR 817488-6903Personal BEGINNING at a 5/8" iron VEHICLES UNDER THE PROM- www.themasterstouchschool.com ,,; ^eii OF E'en found, said iron pin being SONS OF SECTION 545.356 the southwest corner of said OF THE TEXAS TRANSPORTA- i, Boggess and McCulloch tract, TION CODE UPON STATE www.Thehometnd.Com 'To Get said iron pin being the north HIGHWAY NO 114 ORe9a6 7G4Clei%�hY west corner of Lot 24, Block 4 PARTS THEREOF WITHIN THE of Ashmore Farms, Phase 2, CORPORATE LIMITS OF THE or :#dren r�i an addition to the City of TOWN OF WESTLAKE AS j r or are Haslet, Tarrant Coun Texas SST OUT IN THIS ORD�y >? [ exp wx yo rs v ? w vw• thoar rdable " (' NANCE; PROVIDING A SEV- Wl as an amet€c eve handyman.corn recorded in Cabinet A, Slide PROVIDI CLAUSE; AND7- 2 PROVIDING A PENALTY OF za7i3tti�tsv4 mtrdr42 5138 of the Plat Records of u C} Tarrant Coun Texas FINE NOT TO EXCEED THE �}i lit iv or group MAXIMUM AMOUNT Bonded > 1nsUr8tl tin lsrovLe3ee1 h an on the ) said iron a t beingALLOWED BY LAW FOR THE 0* hor and on the east line of a tract oVIOLATION OF THIS ORDI- 9 attisi,'ttetc4 stoats. i -i $�h GOOD SNv1ARtiAN HANDYMAN land conveyed to Fort Worth NANCE. #pt 1 # ern $3Fyeia APPLIANCE REPAIR Home Re ai s, Remodeling, - Home Repair Denton Traction Company by g, a Et ,:iarouples Quality Services Painting, a en F 11SYp�iZt1 %� i��� deed recorded in Volume 450, TOWN OF WESTLAKE Y g, a T try looring, e Page 462 DRDCT •� 1oc 4 sea- You Cart Tr€ st Miscellaneous. Very reasonable 9 ORDINANCE NO. 464 #ni t eh X14.. , atffi are d � THENCE N 16°00'00" E;Ven##ag5 &eekendS rates, if interests please call Inspection Available. Randy. Cell: 817-320-6782 along the west line of said AN ORDINANCE AMENDING Repairs ars t;p $ #Irrtea. We accept all major credit cards Boggess and McCulloch tract ORDINANCE A 15EST AK THE 3l4rttta Carie Tiapl1j Ctub Call 817-937-6196 or v No job too sma` H and TOWN OF WESTLAKE, i7lRt-2812 IYiexo 940-242-0156 NORTHWEST OVERHEAD along the east Tine of said Fort TEXAS, APPOINTING THE For more information. DOOR - 16'x7' Steel Garage Worth Denton Traction TOWN MARSHAL; S AND Door installed. Old door Company tract, a distance of QU FOR THE DUTIES AND 5x5 sen ice Fee for customs s so hauled off. Christmas Special David Cournoyer 1 on pin set to s capped 5/8" TOWN MARSHA OF THE $425.00 t tax. Openers & iron in found, said iron in TOWN MARSHAL; S AND 817-337-4664 P P other sizes available. being the northwest comer of LNG FOR 1tIE DUTIES AND 'the Chimney 940-6A8-8118 (leave msg) said Boggess; and McCulloch QUALIFICATIONS OF ANY 214-674-0110 (cell) tract, said iron pin being the DULY APPOINTED DEPUTIESyourpersonalha-ndyman.com TO THE TOWN MARSHAL; ServicingSouthlalke &.Keller southwest corner of a tract of PROVIDING A SEVERABILITY THE HOME PROS land conveyed to Willie H. ! CLAUSE- PROVIDING A SAV- DENTON { Specializing in Kitchens and 6C)Vret1C3LtrIC� Eastwood and wife Edna E. iNGS CLAUSE; AND PROVID- Baths Carpentry, Electrical, -- Eastwood by deed recorded in ING AN EFFECTIVE DATE. IRMAN Plumbing, Doors, Windows, GOOD SAMARPN HANDYMAN Company Home Repairs, Remodeling, Volume 7735, Page 72 DRTCT; -"�y sO � Moldings, Interior Paint, P - v 9, THENCE N 89°36'00" €, TOWN OF WESTLAKE i€' ne`.f Caps Staining, Sheetrock, Texture, Painting, Carpentry, along the north line of said ORDINANCE NO. 465 e i Cabinet Refacing, Some Faux Flooring,Wali/ceiling repair 8 Paint. FREE ESTIMATES Miscellaneous. Veryreasonable Boggess and McCulloch tract Gels Lo S d and AN ORDINANCE OF THELOW COST � References/Insured rats, if interested please call the south line of said Eastwood TOWN OF WESTLAKE, / rf f Dryer er eI is Satisfaction Guaranteed! Randy. Cell 817-320-6782 or tract, a distance of 734.12 feet TEXAS, AMENDING ORDI- g Shawn 817-825-9787 817-750-1155 to a paint; NANCE NO 406 AND ORDI Immunization Bird Nest emoval WC, VISAWe accept all major credit cards THENCE S 13°14'02" E, NANCE NO. 446 BY ESTAB- Program departing the north line of said LISHING A NEW WATER AND 93C91$lt Or BBoogq ess pndMcCulloch firact WASTEWATER RATE SCHED �g andgthe south line of said; ULE AND A NEW WATER TAP PONDER214-284-8107 Eastwood tract a distance of FEE SCHEDULE; PROVIDING 419.45 feet to a point, said A PROVIDISEVERABING CLAUSE; p point PROVIDING A SAVINGS @@ INC.gg z ` Inter rlPAINTINGrr"'HOLIDAY SPECIAL" bein the int of curvature of CLAUSE; PROVIDING A HOSPITAL, tiHaP Interior/Exterior Si [ 6e a g Po PENALTY CLAUSE; AND Tae & bed texture TECHNIQUES a circular curve o Lite right DATE. NG AN EFFECTIVE g : ' having a radius of 1484.79 ppTg- Large � StTTall AniiTLal slog -trowel texture. FAUX �E°I' ES feet, a central angle of Medicine & Surgery Venetian plaster, faux ® Color Washes 13°05'02" and being subtend- TOWN OF WESTLAKE painting. Call David at ed by a chord which bears S ORDINANCE NO. 466 ) 4M2782 SCREENS o Venefian Plaster 06°41'31 E, 338.33 feet; $i7 -(s24-1418 or 817- THENCE along said curve to AN ORDINANCE OF THE www.pondervethespital.com 371-2345 Serving NE o Tissue raper the right, a distance of 339.06 TOWN OF WESTLAKE, gr• Tarrant County s g , Y for StilCCO A(71?I1Callpn feet to a point; TEXAS, AMENDING THE t over 2Q ears. s P COMPREHENSIVE ZONING i° 9r Winter! Y An1!gUing' Distressing THENCE i 00°rve, a is tan- PUPPIES FOR SALE!' Insured. eat to said curve, a distance ORDINANCE OF THE TOWN CCIbjn0f5 g OF WESTLAKE, TEXAS, BY Beagles, mini & regular mcrvtSAiuiscovsx/AMEX of 577.92 feet to a point on a $assetts, mini Cockers, A@sLt9f5r6�Cfl �l'e$ ��hx a Base italntlr! south line of said 8og gess and GRANTING A SPECIAL USE 9 d g PERMIT FOR A PRIVATE Australian Shepherd, Golden Dealer Make your House Sell! us help you d ,el McCulloch trail, sal point WATER WELL, LOCATED AT Retrievers, Labs, Miles, SoeCi81izing in the Fisher Painting also being on a north line of 2224 KING FISHER DRIVE; Pekinese, Schnauzers, Poms, }k((LaCiC9 Corridol' WaII repair, Textured ceilings. �erienwd & Rtia na said Ashmore Farms, Phase 2; PROVIDING FOR A SEVER- Mini Dachshunds, $oston 25 rs experience in the ABILITY CLAUSE; PROVIDING Terriers & Pvgs. Check or Highland Y (lags area.(817)319-0445 THENCE N 18-08'58- YJ, FOP, A PENALTY OF A FINE Credit Cards 440 872-1833 817. 7.0684 a', Cly doesn't cost, if pays. (8111905-4413, � � m along a southwesterly line o4 NOT TO EXCEED THE SUM For F ��tir�ia$&k Coll Bob at 7-9517 or (i said Boggess and McCulloch OF TWO THOUSAND 817-501-8373 Nail and along a north line of ($2,000,00) DOLLARS; PRO - said Ashmore Farms, Phase 2, VIDING FOR INJUNCTIVE a distance of 131.36 feet to a RELIEF; AND PROVIDING FOR 1/2" iron pin Found; AN EFFECTIVE DATE. 'r LEASING NOW! THENCE N 79°12'32" W, TOWN OF WESTLAKE Hall's Boat & Mini LINKER'S LAWN SERVICE along ss and line ll said ORDINANCE NO 467 Storage Mown Ed m Weedeatin Bog gess and McCulloch trod 9 g' g ice g' dy 2585 Lonesome Dove Rd Competitive Prices! Call for O0 AN ORDINANCE OF THE Grapevine FREE estimates and schedu) 1 ' ` along a north line of said Pe . Ashmore Farms, Phase 2, a TOWN OF WESTLAKE, ° in Starting at $25.00 817-416-7877 g TEXAS, AMENDING THE UNI- Sob Linker Home: 817-403- distance of 131.36 feet to a FIED DEVELOPMENT CODE, 0121 Cell: 972-768-6654 the ARTICLE N, PERMISSIBLE s ALL Point of Beginning and con_ USES. SECTION 14. WIND _v -I-„—_ � FARRIER SERVICE I Criss--Qtal d4nu Fnr a„�§�