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HomeMy WebLinkAboutOrd 384 Amending the Engineering Design Standards relating to Utility Duct BanksTOWN OF WESTLAKE ORDINANCE NO. 384 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ARTICLE VIII OF THE ENGINEERING STANDARDS AND CERTAIN SECTIONS OF ARTICLES XIII, SUBDIVISIONS, AND XVI, DEFINITIONS, OF THE UNIFIED DEVELOPMENT CODE RELATING TO UTILITY DUCT BANKS AS ADOPTED BY ORDINANCES 321, 344, 357, 361, AND 363; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provision of basic utility and telecommunication services throughout the Town of Westlake, Texas, (the "Town") are of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, establishing reasonable requirements for the construction, installation, and maintenance of the utility and telecommunications facilities, while protecting the Town's major investment in its rights -of -ways and easements are also of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, the Town desires to ensure that all reasonable efforts are taken to ensure that these vital utilities and telecommunication services are constructed, installed, maintained and housed in a manner so as to be protected from damages and disruptions that are related, in whole or in part, to ongoing construction, reconstruction, and maintenance in the public rights -of -ways, easements and other areas where these facilities are located; and WHEREAS, the Town desires to implement standards and criteria whereby these vital utility and telecommunication facilities are protected within duct banks that are designed, engineered and constructed pursuant to the Town's Engineering Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Article XIII, Subdivisions, Section 2.5.B.l.e. Preliminary Plat Layout, be amended by adding new Subsections xxii, xxiii, and xxiv, to read as follows: "xxii. The preliminary 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, duct banks. xxiv. The location of all proposed public and private streets and information indicating the material and width of said streets and rights-of-way." SECTION 3: That Article XIII, Subdivisions, Section 2.6.C.7, be amended in its entirety to read as follows: "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 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." SECTION 4: That Article XIII, Subdivisions, Section 7.4, Private Streets, be amended to add a new subsection M. Utility Duct Banks, to read as follows: "M. Utility Duct Banks. The location of utility duct banks placed within the private streets or designated utility duct bank 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." SECTION 5: That Article XIII, Subdivisions, Section 12, Utility Standards, be amended by adding a new subsection 12.4. Utility Duct Bank Facilities, to read as follows: 12.4 Utility Duct Bank Facilities. Electric, cable, traffic, water and sewer metering, low watt 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 and Utility Zone Designations. All additions to the duct bank system shall conform to the Town's Master Plan for Utility Duct Banks, the Utility Zone Designations and other requirements of the Town. The Town may require a study to support the location and capacity of utility duct banks before final plan approval. The proposed location and capacity of a 2 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 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." SECTION 6: That Article XVI, Definitions, Section 2, Words and Terms Defined, be amended to add a new definition for "utility duct bank" to read as follows: "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 inserted to provide an integrated system, as designed and constructed in accordance with the Town's Engineering Standards." SECTION 7: That the Town of Westlake Engineering Standards, as adopted by Ordinance No. 321, 344, 357, 361 and 363, are hereby amended to create a new Article VIII, Utility Duct Bank Facilities, to read as follows: "ARTICLE VIII: UTILITY DUCT BANK FACILITIES SECTION 1. - GENERAL REQUIREMENTS A. GENERAL PROVISIONS. This Article deals with general requirements for duct bank construction to be used for electric, cables, traffic, communications, water and sewer metering, low -watt lighting, telephone, Internet, "smart house" facilities serving any subdivision, development or addition which may be located within the Town's utility M duct bank. The utility duct banks placed within the private or public street rights-of-way or public utility easements shall be sized and located as per the Town's Master Plan for Utility Duct Banks and in accordance with this Article, and as shown on attached Illustration "A", or as approved by the Town Engineer. All construction shall be in accordance with the latest edition of the Standard Specifications for Public Work Construction published by the North Central Texas Council of Governments (NCTCOG). All applicable stated and federal regulations shall be complied with. B. UTILITY DUCT BANK REQUIREMENTS. The following requirements are considered minimum: 1) The owner/developer of a subdivision, development or addition shall be required to install the utility duct bank at its own expense including engineering costs. The owner/developer shall also be responsible for obtaining all utility easements, if required. 2) The owner/developer may be required by the Town to perform a study to determine the specific size and location of the duct bank based on the proposed subdivision, development or addition. 3) All utility duct banks shall be shown on plan and profile sheets to the same scales as required for paving improvements. Proposed and existing utility crossings shall be shown on the plans along with adjacent road profile, if applicable. The plans shall be prepared by a registered engineer in the State of Texas. 4) The owner/developer shall extend all utility duct banks necessary to connect the subdivision, development or addition with the Town's utility duct bank system. The developer shall also extend utility duct banks to all property lines of the subdivision, development or addition to allow connection to these facilities by adjacent property owners in accordance with approved plans. 5) The construction for all utility duct banks must be reviewed and approved by the Town Engineer to assure compliance with these requirements prior to receiving permits and commencing construction. SECTION 2 - DUCT BANK MATERIAL A. All duct bank materials (pipes and fittings) shall conform with the latest edition of the Public Works specifications as published by the NCTCOG. B. The duct bank materials shall be Poly Vinyl Chloride (PVC). The pipe and fittings shall meet the requirements of ASTM D1785 and D2466, schedule 40, of the nominal size 4 shown on the plans. The pipe shall conform to UL 651.ANSI/NEMA T-2 specification. The pipe shall be 90° wire rated and sunlight resistant. C. The owner/developer shall furnish the Town Engineer a manufacturer's certification that the material was manufactured, sampled, tested and inspected in accordance with and meets the requirements of the pertinent ASTM specification. D. Pipe and fittings shall be free from defects. E. The dimensions of the PVC pipe shall be as shown on the plans. The fittings shall properly fit the pipe supplied. SECTION 3 - CONSTRUCTION METHODS. The duct bank materials shall be installed at the locations and to the line grades and dimensions as shown on the plans or as revised by the Town Engineer. A. The utility duct bank shall have a minimum cover of thirty-six (36) inches from the ground level to the top of the pipe. B. The backfill shall comply with Class B+ as shown in the specifications published by NCTCOG. C. The installation of the duct bank shall comply with Item 6.7.3, Underground Conduit Construction of the NCTCOG specifications. D. The construction shall be inspected by the Town. The owner/developer is responsible for coordination with the Town for inspection. E. The owner/developer shall be responsible for providing "as -built" drawings to the Engineer for the Project. "As -built" drawings shall be 24" x 36" in size and consist of one mylar and an electronic file of the drawings in the DXF format. The duct bank must be vertically and horizontally tied to the Town's GPS monuments as it is constructed. This information shall be shown on the "as -built" plans." SECTION 4 — DUCT BANK SYSTEM A. Coordination 1. General Conditions: The duct bank is fully within the Public Right of Way or designated duct bank easement ("ROW"), and is subject to all regulations adopted by the Town of Westlake, Texas ("Westlake"). The infrastructure of the duct bank system including ducts, manholes, other access points, and other associated appurtenances are referred to as the System. The System is indexed for location coordination. The location coordination consists of vertical control, horizontal control, and includes major crossings of other utilities indexed by type. 2. General Responsibilities: Each user of the System is hereafter referred to as a "Tenant". Tenant shall include all employees, officers, owners, officials, agents, affiliates, contractors and subcontractors of the Tenant. Each Tenant is required to fully comply with the Regulations, Policies, and Standard Operating Procedures (SOPs) of the System. Each Tenant is responsible to tag and otherwise identify that medium (i.e., fiber, coax, etc.) pulled through the System. B. Access 1. Each Tenant will be required to file an access request with the Town each and every time entrance to a System access point is required, including emergency conditions. The purpose of the access request is not to cause a time delay to the users of the System but to log and manage access. All access requests and access requirements will be controlled by the Town's Network Operations Center (NOC). The access request form shall include the following: a. Name and Company of requestor. b. Name of Company representing if requestor is a subcontractor. C. Authorizing contact for Tenant. d. Date and time of request. e. Date and time access is needed. f. Reason for access. g. Traffic control plan where access points are in or near roadways. h. Where there is restricted entry, a safety and emergency plan shall be included. 2. All access by a Tenant will be under the supervision of the NOC, including on site presence of a Town representative. Under no circumstances will any Tenant have authorized single access without on site presence of a Town representative. This includes emergency access requirements. 3. All Tenants have access to the System at any time provided Tenant shall comply with provisions of section B 1 above. Emergency access is available 24 hours per day, 7 days per week, unless inclement weather and/or other catastrophic M condition prevents such access. 4. The following access procedures shall be followed: A. Town personnel are not authorized to enter manholes. Town personnel will monitor work in manholes from the surface. B. Tenant's representatives may enter manholes and handholes with only those tools necessary to un -rack cable and bring it to the surface. Work on cables such as splicing, repairing, etc., may NOT be performed in manholes. Repair work may be performed in handholes as long as the Town's representative can clearly observe the work. C. Upon bringing to the surface, the Town' representative shall identify the cable, log the cable information, and authorize work. A cable work log shall be filled in and filed at the NOC. D. Upon completion of the work, the Tenant's representative shall return the cable to the racking system within the manhole or handhole. E. The Town's representative shall log all personnel involved, start time, end time and any other information that may be deemed necessary. C. Security 1 The Town is committed to providing for the physical security and maintenance of the System. The System will be controlled similar to other right of way utilities, with assurance of service as the top priority. This assurance is partially dependent upon each Tenant's compliance with the regulations, policies, and procedures governing the System. 2. Physical Security: Basic physical protection measures are inherent in the design of the System. These measures include geographic positioning, vertical depth, width and type of cover (i.e., encasement), slope profile, and other information including proximity to other utilities. 3. Tenant Medium Security: Each Tenant is required to furnish metal tags attached to the medium at all required points per specifications (attached) as discussed above. All Tenant information is considered confidential to include the name of the tenant, except for the physical location of the tenant's medium. 4. Restricted Entry: In accordance with State and Federal Occupational and Safety Laws, access to manholes within the System is considered Restricted Entry. As such, Tenant's representatives shall follow all State and Federal requirements for Restricted Entry. The granting of access by the Town also grants restricted access. However, the Town does not assume responsibility or liability for 7 Tenant's representative's health and welfare. Job safety is the responsibility of the Tenant's representative. D. Liability 1. Not withstanding the above, the Town is not responsible or liable for damages caused to any Tenant, Tenant's facilities, or Tenant's customers, as a result of the operation and ownership of the System. SECTION 5 SMART HOUSE TECHNOLOGY INFRASTRUCTURE REQUIREMENTS A. GENERAL PROVISIONS. The infrastructure described herein and shown on the attached Illustrations "A" and "B" are the minimum requirements to be used in the construction of new residential structures by the property owner or building contractor. All required appurtenances and associated hardware shall also be included for a complete and functioning system. The Smart House infrastructure requirements are designed to allow maximum flexibility with minimum aesthetic impact for telecommunications access to newly -constructed residential structures. The basic infrastructure requirements apply to each newly constructed residential structure even though service providers may not utilize each and every component at each location. B. SMART HOUSE REQUIREMENTS. The following requirements are considered minimum: 1. A 3' x 3' x 4" depth concrete housekeeping pad (the "Pad") shall be attached to the newly -constructed residential structure, preferably in the rear portions of the structures nearest to public utility easements. The Pad shall be complete and integral to the associated residential structure slab. 2. Two (2) 4" low -voltage and one (1) 4" 250 V conduits (the "Conduits") shall be stubbed up to heights as shown on attached Illustration "A". The Conduits shall be securely strapped to the newly -constructed residential structure's exterior as required by the National Electrical Code. 3. The empty low -voltage 4" conduit with multi duct shall be capped at a minimum 6" above the finished residential structure slab. 4. The 4" conduit with multi duct and low-voltage/fiber optic cables shall be stubbed up to the associated pull box. The pull box shall be nominally sized at 18" W x Er 24" T x 12" deep, and shall be secured to newly -constructed residential structure's exterior. 5. One (1) 120V/20A duplex receptacle (wp/gfci) shall be mounted between pull box and adjacent electrical power disconnect. The source of power to the duplex shall be from an independent system specific to the residential subdivision. The source of power shall not be from the residential system, and shall be labeled as such. This shall be coordinated with all service providers. 6. The 4" 250V conduit shall be extended to height required by the electrical contractor for connection to the newly -constructed residential structure's electrical distribution system. The electrical contractor shall terminate conduit inside service entrance disconnect. 7. The property owner or General Contractor shall coordinate installation of the Pad with the electrical contractor to insure a nominal 2" sleeve is provided for the National Electric Code required ground rod. The ground rod shall be adjacent to the service entrance disconnect, and driven to a nominal depth of 10' (feet). 8. The property owner or general contractor shall bond the telecommunications pull box to the ground rod with minimum #6 AWG insulated (green/THHN) conductor. Bonding from the service entrance disconnect to the ground rod shall be as shown on specific residential plans. 9. At each Pad there will be an assortment of active and passive devices furnished and installed by telecommunication service providers. Active devices may include but are not limited to: amplifiers, transceivers, and local power supplies. Passive devices may include but are not limited to: couplers, ports, splitters, line -powered amplifiers, pedestals, and bridges. Each residential subdivision shall have a specific telecommunications distribution system which will further define specific requirements at each residential location. The property owner or general contractor shall submit plans to the Town for coordination to site-specific design prior to installing any equipment. 10. The developer shall coordinate all utility easements to allow service provider access to the pad. SECTION 8: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the 9 remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 9: That should any person or entity be found in violation of any provision of this Ordinance, the violation shall be punishable by a fine of not greater than five hundred dollars ($500.00); and, that each day shall constitute a new violation. SECTION 10: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 11: This Ordinance shall take effect immediately from and after its passage. Passed and approved by the Board of Aldermen on the 11`h day of December, 2000. Scott Bradley, Mayor ATTEST: dingei Crosswy, Town Secretary Trent O. Petty, Town Mai ;ager APPROVED AS TO FORM: im TJ i I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 384 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published was April 3, 2001. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § 9 COUNTY OF TARRANT § Pam Nolte this 24th day of April, 2001, to certify which witness my hand and seal of office. W, r V'A", Notary Public, State of Texas Printed Name of Notary My commission expires eCONGTOARY ' A0P ti c St�ie � T arewrr��om9�ti:=c�r- It oe opanea ana pacified time. All welcome to at- TOWN OF WESTLAKE !cations and bid e obtained from 3RDINANCE NO. 388 ;ing Departrmant address or by An ordinance of the Board of Deby Woodard Aldermen of the Town of ;15. Westlake, Texas, declaring a moratorium from the effective date of this ordinance and 10TIE continuing until June 11, 2001, at 11:59 P.M., on the issuance, acceptance or ap- NOTICE proval of any permits, appli- DR PROPOSAL cations, site plans, zoning A amendments, preliminary Independent plats and final plats on any - rict will accept outdoor lighted recreational >sais for Consul- facilities in the Town of West- }loyee Benefits lake zoned R-0.5, R-1, R-2, and R-5; directing the Town idependent Manager and his designees )l District , of the Town of Westlake to g Department conductinvestigations in er Parkway conjunction with the compati- exas 76248 bility of any outdoor lighted recreational facilities regula- A,M.,'May 8, tions within the R-05, R-1, R - r independent 2, and R-5 zoning districts to ct is requesting the overall growth, develop - r Consultant to ment, land use, health, safety trict in selection, and welfare of the Town and monitoring and report to the Planning and r,. of the school Zoning Commission and the When 'it coranesh'm� car, loyee benefits Board of Aldermen as expe its will include ditio as possible his rthe � A goes distance Hake tide ranee, Cancer, ommenendations relating to the e Heart, Dental, R-0.5, R-11, R-2, and R-5 zon Cafeteria pians Ing regulations; providing for ® Get the show ou, the 3r pertinent em- a method of repeal of this fit. Keller Inde- moratorium; providing a sev- today.las pool District is arability clause; and:provid- ,nsuitant for Em- ing that this ordinance shall >fits for a one- take effect immediately upon AUTOMOTIVE rE ✓ , a SIF -EDS ith the ability, to passage. r additional one- onsists of:PUBLIC NOTICEcall 817-431-2,4231 Independent TOWN OF WESTLAKE � trict has approx- ORDINANCE NO. 385 00 employees. An Ordinance of the Town of independent Westlake, Texas, regulating ~ strict has an en- the location of places of busi- )f over 17,000 ness which derive more than seventy five; percent of their -t for Proposal gross sales from the on - ba obtained b Premise sale of alcoholic) 'ie following ofY beverages in the Town of Westlake, Texas, regulating j Woodard, sales of alcoholic beverages within prescribed distances sing Agent of churches; public schools, n k on ler m s sing Ag School i istrict and hospitals; providing a er Parkway savings clause, providing a exas 76248 severability clause; and pro - 337 -7514 viding an effective date. ;endent School Set., it ill ves the right to formality and to THE K LL R all proposals..: CITIZENr TIE Mailed FREE 4.,.Keller CAtfiff-en "O BIDDERS t® avec sat Independent 20,600 ,t is now accept - )ids for Library addresses in PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE P01-04-011 until ay 4, 2001. Bids Keller, Roanoke, ad at the speci- TOWN OF WESTLAKE T OWN OF WESTLAKE TOWN OF WESTLAKE date in the Pur- Haslet, Trophy ORDINANCE NO. 382 ORDINANCE NO. 384 ORDINANCE NO. 386 ,a, Room #118, Highway 114, Club Westlake An Ordinance of the Town of An Ordinance of the Town of An ordinance amending the ;247. ' Westlake, Texas, amending Westlake, Texas, amending comprehensive zoning ordi- and Marshall the Comprehensive Zoning Article Vill of the Engineering nance of the Town of West- >ecifications, and Ordinance of the Town of Standards and certain sec- lake, Texas by replacing nay be obtained Westlake, Texas,' by granting tions of Articles XIII, subdivi- Section 3, glare and spillover Creek lighting into residential prop - Agent, yce Polson, Pur- a special use permit for a pri- < signs, and XVI, definitions, of g , � 9 � P P - Agent, vate paluxy water well, locat- the unified development code erties of Article VII, perfor- �Or Advertisin mance standards with a new 5. � ed at 4101 Aspen :Lane; pro- slating to utility duct banks viding for a severability as adopted by Ordinances Section 3, outdoor lighting of eserves the right information call clause; providing for penal- 321, 344, 357, 361, and 363; Article VII, performance stan- ,r reject any/all ty of a fine not to exceed the providing for a penalty; pro- dards; inserting new defini- waive technicali- 817-431-2231 sum of Two Thousand viding a severability clause; tions into Article XVI, defini- ($2,000.00) dollars; providing providing a savings clause; tions; and providing for a sev- for injunctive relief; and pro- and providing for an effective arability clause; providing for viding for an effective date. date. a savings clause; providing for a penalty clause; and pro- viding for an effective date.