HomeMy WebLinkAboutOrd 305 Amending the Unified Development CodeORDINANCE NO. 305
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AMENDING ARTICLE XH. "ZONING -RELATED
APPLICATIONS" AND ARTICLE XHI. "SUBDIVISIONS" OF THE
WESTLAKE UNIFIED DEVELOPMENT CODE; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the Town of Westlake adopted a revised Unified Development Code
(the "UDC") on February 16, 1998 by the passage of Ordinance No. 298; and
WHEREAS, as a result of discussions with various property owners within the
Town of Westlake as well as recommendations from the Town's land use and
development consultants, the Board of Aldermen is desirous of revising Article XII.
"Zoning -Related Applications" and Article XIII. "Subdivisions" of the UDC; and
WHEREAS, the Planning and Zoning Commission (the "Commission") and
Board held public hearings on the proposed amendments to Articles XII. and XIII of the
UDC on August 3, 1998 and August 10, 1998; and
WHEREAS, the Commission has recommended to the Board that the
amendments to Articles XII. and Article XIII. of the UDC be approved;
THEREFORE, BE O, THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Unified Development Code for the Town of Westlake,
Texas as adopted by Westlake Ordinance No. 298, Article XII "Zoning -Related
Applications", Section 1.1 and Section 5.1 are hereby amended to hereinafter read as
follows:
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.
Ordinance No. 3 o 6—
(Amendments, Articles XII. and XIII.)
Page 2
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.
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 permitted uses,
1 Increase the maximum density, floor area, or height;
Ordinance No. 3 0 0
(Amendments, Articles XII. and XIII)
Page 3
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; or
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.
SECTION 2: That the Unified Development Code for the Town of Westlake,
Texas as adopted by Westlake Ordinance No. 298, Article XIII. "Subdivisions", Section
2.2. is hereby amended to hereinafter read as follows:
2.2 Coordination with Planned 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 concept plan or development
plan unless the plat is consistent with the standards for planned
developments contained in this UDC. 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.
SECTION 3: That this Ordinance shall become effective upon its passage and
approval.
Ordinance No.,? 05-,
(Amendments, Articles XII. and XIII.)
Page 4
SECTION 4: If any portion of this Ordinance shall, for any reason, be declared
invalid by any court of 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.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN ON THIS 10TH DAY
OF AUGUST, 1998.
f
ATTEST:
f
OingebCrosswy, Town ecretary
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney
Town of Westlake
Unified Development Code
ARTICLE XII. ZONING -RELATED APPLICATIONS
SECTION 1 GENERAL.....................................................................................................................1
1.1 Filing of an Application.................................................................................................1
1.2 Submission of Plans.....................................................................................................1
SECTION 2 REZONING APPLICATIONS........................................................................................1
SECTION 3 REQUIRED CONCEPT PLAN (NON PD).....................................................................2
3.1 Applicability...................................................................................................................2
3.2 Purpose........................................................................................................................2
3.3 Concept Plan Content..................................................................................................2
3.4 Other Materials.............................................................................................................2
SECTION 4 REQUIRED SITE PLAN (NON PD)...............................................................................3
4.1 Applicability...................................................................................................................3
4.2 Purpose........................................................................................................................3
4.3 General........................................................................................................................3
4.4 Site Plan Content..........................................................................................................3
4.5 Criteria for Site Plan Review.........................................................................................5
SECTION 5 AMENDMENTS TO APPROVED APPLICATIONS......................................................6
5.1 Processing Amendments.............................................................................................6
SECTION 6 DEVELOPMENT AGREEMENTS.................................................................................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
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Town of Westlake
Unified Development Code
ARTICLE XII. ZONING -RELATED APPLICATIONS
SECTION 1 GENERAL
1.1 Filing of an Application
A. Pre -application Conference.
1. An applicant for a change in zoning is encouraged to request a pre -
application conference with a Town official or the Town Planner prior to
formal application.
2. At the pre -application conference, the applicant should present a draft
Concept Plan with as much detail as possible.
3. Based on the information presented, the Town representative will provide
initial comments concerning the merits of the proposed development and
inform the applicant of any additional requirements for preparation of the
formal zoning application.
B. Application Requirements. No application shall be reviewed which is not
complete and accompanied by the payment of fees as established in this Code
or other ordinances of the Town of Westlake. All applications shall be filed with
the Town on forms available in the Town of Westlake offices.
C. Timing. Applications for Rezoning and Plan Approvals shall be submitted at
least one month prior to the first scheduled hearing date. Special Exception and
Variance applications shall be submitted at least 2 weeks prior to the first
scheduled hearing date. The Board may permit exceptions to the timing
requirement by scheduling an earlier hearing date.
1.2 Submission of Plans
A. Preparation. All plans submitted pursuant to this 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:
1. Six copies of all plans, elevations and other drawings 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.
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General/Rezoning 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 Plan.
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 Plan 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.
Article XII. Zoning -Related Applications
Page 2 Required Concept Plan August 10, 1998
Town of Westlake
Unified Development Code
D. A Development Schedule indicating the appropriate date on which construction
is expected to begin and the rate of anticipated development to completion. The
Development Schedule, if adopted and approved by the Board, shall become
part of the development plan and shall be adhered to by the owner, developer,
and his successors in interest.
SECTION 4 REQUIRED SITE PLAN (NON PD)
4.1 Applicability
Site Plans are required for all developments except individual single family lots. Site
plans shall be accompanied by a proposed development schedule. No development
may occur, or building permit be approved on a site which does not conform to the
approved Site Plan.
Site Plans shall be approved by the Board of Aldermen, upon recommendation by
the Planning and Zoning Commission, and shall be considered part of the zoning
ordinance for that site. A change to the Site Plan shall be considered a change in
zoning in a planned development district.
4.2 Purpose
The purpose of a Site Plan is to ensure that all provisions of the Unified
Development Code of the Town are adhered to; that sensitive environmental issues
such as slopes and vegetation are accommodated; and that services and facilities
necessary to support the proposed development will be available on an appropriate
time schedule.
4.3 General
A. No construction or development within a district that requires a Site Plan may
commence, and no building permit may be issued unless the Board of Aldermen
has approved a Site Plan upon recommendation of the 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 scale 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 XII. 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 Plan.
D. Streets and Sidewalks.
1. Location and width of all rights-of-way and easements,
2. Location and dimensions of all pavement and curbing;
3. Location and width of all sidewalks;
4. Location and width of all ingress/egress points;
5. Location and width of all medians and median breaks, and
6. Location of any special traffic regulation facilities.
E. Off -Street Parking and Loading Areas.
1. Number, location and dimension of spaces;
2. Type of surface material of parking facility;
3. Dimension of aisles, driveways, maneuvering areas and curb return radii;
4. Distance between spaces and adjacent rights-of-way;
5. Location of all existing and proposed fire lanes and hydrants; and
6. Proposed lighting diagram is required if not in accordance with Article VI
Parking and Loading Standards.
F. Landscaping.
1. Location and size of major tree groupings and existing hardwood trees
greater than 8" caliper, noting whether they are to be removed or retained;
2. Location and size of proposed plant materials, including paving;
3. Number and type of each landscape element,
Article XII. Zoning -Related Applications
Page 4 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.
I. Landscaping and screening provisions appropriately placed per code
requirements.
J. Siting structures and other improvements relative to required setbacks,
height limitations, and other density and dimensional requirements.
August 10, 1998 Article XII. Zoning -Related Applications Page 5
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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. Increase the maximum density, floor area, or height;
4. Decrease the amount of off-street parking, unless parking remains sufficient
in number and conforms to ordinance requirements; or
5. Reduce the minimum yards or setbacks;
C. If the Town Planner believes that a request for minor modification entails a
significant change in the Site Plan, he may refer the request to the Commission
for determination.
Article XII. Zoning -Related Applications
Page 6 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 plan for the design, construction, use and permanent care and
maintenance of any common areas, including parks and open space
corridors.
2. Cost sharing or reimbursements for the installation of oversized utility
systems and roadways.
3. Proposed timing of improvements to the property.
4. Any other agreements necessary to facilitate the development within the
Town.
6.3 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, 1998 Article 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..........................................................
1.1 Purpose. ................... ........................ ........... .. ................... ...
1 9 A, dh,ih,
1.3 Jurisdiction...................................................
1.4 Interpretation, Conflict and Separability.......
1.5 Amendment to Subdivision Regulations......
1.6 Effect on Pending Plats ...............................
1.7 Filing Fees ...................................................
1.8 Incorporation of Design Manuals .................
SECTION 2 PLATTING PROCEDURES ..........................
2.1 Classification of Subdivisions.....................................................................................5
2.2 Coordination with Planned Residential Developments.................................................5
2.3 Statutory Procedure.....................................................................................................5
2.4 Pre -Platting Conference...............................................................................................6
2.5 Procedure for Preliminary Plat Approval......................................................................6
2.6 Procedure for Final Plat Approval...............................................................................12
2.7 Minor Subdivision Plats..............................................................................................18
2.8 Development Plats.....................................................................................................18
2.9 Conveyance Plats......................................................................................................19
2.10 Exceptions................................................................................................................22
2.11 Amended Plats, Re -plats, Re -subdivision and Vacation of Plats ... ............ .._.........
23
SECTION 3 ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS ....
25
3.1 Required Improvements and Subdivision Improvement Agreement... ... ........ ..........
25
3.2 Construction Procedures............................................................................................28
3.3 Inspection of Public Improvements............................................................................28
3.4 Issuance of Building Permits and Certificates of Occupancy.....................................29
SECTION 4 PUBLIC IMPROVEMENT REQUIREMENTS--GENERAL..........................................30
4.1 General Requirements...............................................................................................30
4.2 Adequate Public Facilities Policy................................................................................30
4.3 Subdivision or Addition Name....................................................................................31
4.4 Survey......................................................................................................................31
August 10, 1998 Article XIII. Subdivisions page
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Town of Westlake
Unified Development Code
4.5 Facility Design............................................................................................................31
SECTION 5 LOT DESIGN AND IMPROVEMENT STANDARDS...................................................32
5.1 Lot Arrangement.........................................................................................................32
5.2 Lot Dimensions...........................................................................................................32
5.3 Double Frontage Residential Lots..............................................................................32
5.4 Soil Preservation and Final Grading...........................................................................32
5.5 Minimum Lot and Floor Elevations.............................................................................32
SECTION 6 NON-RESIDENTIAL PLATS.......................................................................................34
6.1 General.....................................................................................................................34
6.2 Design Principles........................................................................................................34
6.3 Frontage and Access Standards................................................................................34
SECTION 7 ROADWAY FACILITIES STANDARDS...................::.................................................35
7.1 Streets and Thoroughfares........................................................................................35
7.2 Types of Streets.. ...... ............................................................................................
36
7.3 Design Standards ........................ ............. ........ .........................................................
36
7.4 Private Streets............................................................................................................38
7.5 Street Names.............................................................................................................40
7.6 Criteria for Exceptions for Street Exactions...............................................................41
7.7 Traffic Impact Analysis.. .... .............................................
............................ ............. 41
SECTION 8 SIDEWALKS AND BIKEWAYS..................................................................................44
8.1 Sidewalks...................................................................................................................44
8.2 Pedestrian..................................................................................................................44
8.3 Bikeways....................................................................................................................44
SECTION 9 WATER FACILITIES STANDARDS ........................................
9.1 Adequate Water Facilities........................................................
9.2 Design and Construction Requirements ..................................
9.3 Extension Policy.......................................................................
9.4 Minimum Size...........................................................................
9.5 Fire Protection..........................................................................
SECTION 10 WASTEWATER FACILITIES STANDARDS ..........................
In 9 417,iliticc
10.2 Design and Construction Requirements ............... :....... ........
.
10.3 Extension Policy... .................... ........................................
10.4 On -Site Treatment.................................................................
...............45
...............45
...............45
...........45
...............45
...............45
...............47
...............47
..........47
...............47
..........47
Page ii Anicle XIII. Subdivisions August 10, 1998
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Town of Westlake
Unified Development Code
SECTION 11 DRAINAGE FACILITIES STANDARDS....................................................................48
11.1 General Requirements.............................................................................................48
11.2 Design of Facilities...................................................................................................48
11.3 Dedication of Drainage Easements..........................................................................49
11.4 Grading.....................................................................................................................50
11.5 Plans, Specifications and Design Calculations.........................................................50
SECTION 12 UTILITY STANDARDS..............................................................................................51
Article XIII. Subdivisions
August 10, 1998 Table of Contents Page iii
12.1 Utilities51
12.2 Easements................................................................................................................51
12.3 Damage....................................................................................................................51
SECTION 13 UNDERGROUND UTILITIES....................................................................................52
13.1 Underground Utility Standards.................................................................................52
13.2 Cost Difference Between Underground and Overhead............................................52
13.3 Temporary Service...................................................................................................52
13.4 Definitions.... .................................................... .............................. ......................
52
13.5 Installation Compliance....._....................................................___........................_.52
13.6 Existing Overhead Utilities........................................................................................53
SECTION14 OPEN SPACE...........................................................................................................54
14.1 Purpose.......................................:............................................................................54
14.2 Open Space Requirement as Additional and Supplemental Requirement
...............54
14.3 Open Space Dedication Requirement......................................................................54
14.4 Site Criteria...............................................................................................................55
14.5 Protection and Restoration of Open Space Corridors..............................................55
14.6 Development Agreements for Open Space. ........... ............. ...................................
55
SECTION 15 PUBLIC LANDS REQUIREMENTS..........................................................................57
15.1 Reservation of Land.................................................................................................57
15.2 Procedure for Reserving Land.................................................................................57
SECTION 16 PARTICIPATION POLICIES.....................................................................................58
16.1 General Standards...................................................................................................58
16.2 Facilities Eligible for Town Participation...................................................................58
16.3 Limitation and Exceptions... ........................... .......... ........ - ...............................
59
16.4 Procedures for Town Participation...........................................................................59
16.5 Escrow Policies and Procedures..............................................................................60
Article XIII. Subdivisions
August 10, 1998 Table of Contents Page iii
Town of Westlake
Unified Development Code
ARTICLE XIII. SUBDIVISIONS
SECTION 1 GENERAL PROVISIONS
1.1 Purpose
The purposes of this chapter are:
• To protect and provide for the public health, safety, and general welfare of the
Town.
• To promote and provide for the safe, orderly and healthful development of the
Town.
• To guide the future growth and development of the Town in accordance with the
Comprehensive Plan and Thoroughfare Plan.
• To ensure safety from fire, flood, and other danger, and to prevent
overcrowding of the land and undue congestion of population.
• To guide public and private development in order to provide adequate and
efficient transportation, water, wastewater, drainage, and other public
requirements and facilities.
• To provide for the circulation of traffic and pedestrians required for the beneficial
use of land and buildings and to avoid congestion throughout the Town.
• To establish reasonable standards of design and procedures for platting to
further the orderly layout and use of land, and to ensure proper legal
descriptions and monumenting of platted land.
• To ensure that adequate public facilities and services are available and will
have sufficient capacity to serve the proposed subdivision or addition and that
the community will be required to bear no more than its fair share of the cost of
providing the facilities and services.
• To prevent the pollution of streams and ponds; to ensure the adequacy of
drainage facilities; to safeguard the water table, and to encourage the wise use
and management of natural resources, and enhance the stability and beauty of
the community and the value of the land.
• To provide for open spaces through the most effective design and layout of the
land.
• To remedy the problems associated with inappropriately platted lands, including
premature subdivision, incomplete subdivision and scattered subdivision.
1.2 Authority
This chapter is adopted under the authority of the Constitution and Laws of the
State of Texas, including particularly Chapter 231, Acts of the 40th Legislature,
Regular Session, 1927, as amended (codified as Chapter 212, subchapters A and
B, of the Texas Local Government Code), and the provisions of Section 7 of the
Municipal Annexation Act as amended.
August 10, 1998 Article XIII. Subdivisions
General Provisions Page 1
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.
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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.
2. Plats Approved, or Applied for Prior to this Ordinance. No development
plat shall be required, where the land to be developed or divided has
received final plat approval under the Town's subdivision regulations prior to
the effective date of this ordinance, or for which an application for preliminary
or final plat approval for such land is pending or is submitted.
3. Other Exemptions. The Board of Aldermen may, from time to time, exempt
development or land divisions from the requirements of this section.
D. Information on When a Plat is Required. A written request may be directed to
the Town Engineer for information concerning whether a plat is required under
these regulations, in accordance with Section 212.0115, as amended, of the
Texas Local Government Code.
E. Exclusion of Platting Requirements Does Not Waive Town Jurisdiction.
The exclusion of any activities from these regulations does not waive any
jurisdiction the Town now exercises or may exercise over those matters.
F. No Subdivision Other Than by Town Approved Plat. Unless no plat approval
is required by these regulations, no land may be subdivided or platted through
the use of any legal description other than with reference to a plat approved by
the Board of Aldermen in accordance with these regulations.
G. No Land Sales, Leases or Transfers Without a Plat. Except (a) as provided
above and (b) lots of record established prior to the effective date of this
ordinance, no land shall be sold, leased, or transferred until the property owner
has obtained approval of a final plat, development plat or conveyance plat as
required by these regulations.
H. Town Shall Withhold Services on Lots Not Officially Platted. The Town shall
withhold all public improvements and utilities, including the maintenance of
streets and the provision of wastewater facilities and water service, from all
tracts, lots or additions, the platting of which has not been officially approved and
for which a certificate of compliance has not been issued pursuant to Subsection
3.4 of this Article.
I. No Building Permit Until Property Has Been Platted. No building permit or
certificate of occupancy shall be issued for any 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
August 10, 1998 Article XIII. Subdivisions Page 3
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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
in which the judgment shall be rendered and it shall not affect or impair the
validity of the remainder of these regulations or the application of them to other
persons or circumstances. The Board of Aldermen hereby declares that it would
have enacted the remainder of these regulations even without the part,
provision, or application which is judged to be invalid.
1.5 Amendment to Subdivision Regulations
For the purpose of protecting the public health, safety and general welfare, the
Town Engineer, the Town Planner, the Planning and Zoning Commission or the
Board of Aldermen may from time to time propose amendments to these regulations
which shall then be approved or disapproved by the Board of Aldermen after a
public hearing.
1.6 Effect on Pending Plats
All applications for plat approval, including final plats, pending on the effective date
of these regulations and which have not lapsed shall be reviewed under regulations
in effect immediately preceding the date of adoption of these regulations.
1.7 Filing Fees
A schedule of filing fees for the Town of Westlake may be obtained from the Town
Secretary or Town Engineer and may be found in the adopted fee schedule. All
filing fees and charges must be paid in advance and no action of the Town
Engineer, Town Planner, the Planning and Zoning Commission or the Board of
Aldermen shall be valid until the fees shall have been paid.
1.8 Incorporation of Design Manuals
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.
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SECTION 2 PLATTING PROCEDURES
2.1 Classification of Subdivisions
A. Classification of Subdivisions and Additions.
1. General. Before any land is platted, the property owner must apply for and
secure approval of the proposed subdivision plat or addition plat in
accordance with the following procedures, unless otherwise provided by
these regulations. Subdivisions are classified as major or minor depending
on the number of lots proposed and the extent of public improvements
required
2. Minor Plats. A minor plat must involve four or fewer lots fronting on an
existing street and does not require the creation of any new street. A minor
plat may follow a one step process and be approved by the Town Engineer,
however, the Engineer may elect to follow the procedure for a major plat
3. Major Plats. All plats not considered a minor plat, will be considered major
plats and must follow the two step process—first securing preliminary plat
approval, and then obtaining final plat approval.
B. Retail, Office Park, and Industrial Park Subdivision. A retail, office park, or
industrial park subdivision shall be processed for approval in the same manner
as provided for a residential subdivision except that no individual lots need to be
shown on the plat and only streets, blocks, easements and minimum building
lines need be indicated.
2.2 Coordination with Planned Residential Developments
A. Land With Approved or Pending Application for Concept Plan or
Development Plan. No application for a subdivision plat or development plat
shall be approved on land for which there is an approved or pending application
for a concept plan or development plan, unless the plat is consistent with the
standards for planned developments contained in the Town of Westlake Unified
Development Code. In the event and to the extent of a conflict between the
requirements of the approved PD Ordinance, the PD Concept Plan or PD
Development Plan and the requirements of this Article XIII, the terms of the PD
Ordinance, PD Concept Plan or PD Development Plan shall control. A
development plat subject to an approved PD Concept Plan or PD Development
Plan shall be exempt from the requirements to show proposed improvements
pursuant to Section 2.8E.3. of this Article.
B. Preliminary Subdivision Plat With Site Plan Approval. A preliminary
subdivision plat shall be submitted with the application for approval of a site plan
if the property has not already been subdivided in a manner to accommodate the
development.
2.3 Statutory Procedure
A. Official Submission Date. For the purpose of these regulations, the date on
which an application for approval of a final plat containing all required elements
mandated by the Tex. 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 fled until (a) all required filing
August 10, 1998 Article XIII. Subdivisions Page 5
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fees are paid and (b) the Town Engineer determines that the application is
complete. Failure by the Town Engineer to make a determination of
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 pne-application conference, the applicant may
file for approval of a preliminary plat. The plat shall be prepared by or under the
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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.
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
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outline of wooded areas or the location of important individual
trees are required.
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.
A. 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.
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.
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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.
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
Anicle XIII. Subdivisions
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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
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
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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.
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.
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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.
B. Timing of Public Improvements.
1. 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.
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:
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
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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.
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, 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.
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.
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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
ATTEST:
Town Secretary Mayor
M
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
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
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(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 fling, and volume and page of
recording.
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.
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.
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c) The plat conforms to the Town's Comprehensive Plan, Thoroughfare
Plan, Master Plans for Utilities and Drainage, and all applicable zoning
and other regulations.
d) Provision has been made for adequate public facilities under the terms
of this ordinance.
e) The plat meets all other requirements of this ordinance.
f) Payment of all fees has been made.
2. Requirement for Approval. The Town Engineer, Planning and Zoning
Commission or Board of Aldermen shall recommend or approve the plat if:
a) It conforms to the Town's Comprehensive Plan and the Master Plan for
Utilities and Drainage and its current and planned streets, alleys, parks,
open space, and public utility facilities;''
b) It conforms to the Town's Comprehensive Plan and the Master Plan for
Utilities and Drainage for the extension of roads, streets, and public
highways within the Town and in its extraterritorial jurisdiction, taking into
account access to and extension of sewer and water mains and the
instrumentalities of public utilities;
c) Any applicable bonds are filed; and
d) It conforms to subsection 2.6 E 1, above.
F. Approval Procedure.
1. Approval Procedure. After review of the final plat, the Town Engineer shall
place the final plat for decision on the agenda of a public meeting of the
Commission. Minor plats may be approved by the Engineer or referred to the
Board of Aldermen. Following review of the final plat and other materials
submitted for conformity thereof to these regulations, the Commission shall
recommend approval or denial of the submitted final plat.
a) Recommended Approval. Final plats recommended for approval shall
be filed for hearing by the Board of Aldermen.
b) Recommended Denial. Final plats not recommended for approval may
be processed in one of the two following ways:
1) Final plat may be revised in accordance with the
recommendations of the Planning and Zoning Commission and
refiled for reconsideration at a regularly scheduled Planning and
Zoning Commission meeting; or
2) The final plat recommended for denial may be filed for hearing at a
regularly scheduled Board of Aldermen Meeting.
2. Recording of Commission Action. The action of the Planning and Zoning
Commission shall be noted on two (2) copies of the final plat, referenced and
attached to any conditions determined. One (1) copy shall be returned to the
subdivider or developer and the other retained in the files of the Town staff.
A notation of the action taken on each final plat and requisite reasons
therefor shall be entered in the minutes of the Planning and Zoning
Commission.
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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.
I. Signing and Recording of Final Plat.
1. When Improvement Agreement and Security are Required. When a
Subdivision Improvement Agreement and security are required, the 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.
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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:
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1. the proposed development conforms to the Westlake Comprehensive Plan,
Master Plans for Utilities and Drainage, and Thoroughfare Plan,
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.
August 10, 1998 Article XIII. Subdivisions page 19
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C. Application Procedure and Requirement.
Application Requirements. The propertyowner shall submit an application,
together with other supporting documents and fees to the Town Engineer no
later than fifteen (15) days prior to the date of the meeting of the
Commission on which the conveyance plat is scheduled for consideration.
Conveyance plats which qualify as minor plats may be submitted at any time
during normal office hours and shall be reviewed and acted upon by the
Town Engineer in accordance with Sections 2.7. A conveyance plat and
associate documents shall include all information listed below:
a. The boundary lines accurate distances and bearings and the exact
location and width of all existing or recorded streets intersecting the
boundary of the tract.
b. True bearings and distances to the nearest established street lines or
official monuments, which shall be accurately described on the plat:
municipal, township, county, or section lines accurately tied to the lines
of the subdivision or addition by distances and bearings.
c. An accurate location of the subdivision or addition with reference to the
abstract and survey records of the county.
d. The accurate location, material, and approximate size of all monuments
and corners.
e. Location of the property relative to the Town's Thoroughfare Plan.
f. An outline of the property which is shown as open space on the Town's
Open Space Plan.
g. Name and address of the property owner.
h. North point, scale, and date.
I. Certification by a Registered Public Surveyor to the effect that the plat
represents a survey made by him and that all the monuments shown
thereon actually exist, and their location, size, and material description
are correctly shown.
j. All conveyance plats must be titled "Conveyance Plat" and carry the
following wording:
"A conveyance plat is a record of property approved by the Town of
Westlake for the purpose of sale or conveyance in it's entirety or
interests thereon defined. No building permit shall be issued nor
permanent public utility service provided until a final plat is
approved, filed of record, and public improvements accepted in
accordance with the provisions of the Subdivision Ordinance of the
Town of Westlake. Selling a portion of this property by metes and
bounds, except as show on an approved, filed and accepted
conveyance plat, final plat or replat is a violation of the Town
Ordinance and State Law".
2. Standard for Approval
a. Access. All tracts, parcels, lots or sites created by a conveyance plat
shall have frontage and access to an existing or proposed public street
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defined on the Town's Thoroughfare Plan or to an existing standard
street meeting Town construction standards and accessing the existing
Town street system.
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 fling 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
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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
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
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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
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.
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
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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:
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.
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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
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agreements relative to any subdivision shall not be considered as
complete until three (3) sets of record drawings and one (1) set of 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.
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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.
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
Article X111. Subdivisions
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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.
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,
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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 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 requiredpublic 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.
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.
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.
Article XIII. Subdivisions
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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.
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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 (5/8") inch in diameter imbedded three (3) inches in
the monument, flush with the top, placed in the exact intersecting points of the
corner. The monuments shall be set at ground level 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
('/2) 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.
August 10, 1998 Article XIII. Subdivisions Page 31
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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.
Page 32 Article XIII. Subdivisions
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C. Where lots are served by on-site wastewater facilities that rely on the gravity flow
of wastewater, the minimum finished floor elevations shall be not less than 4.5
feet above the highest elevation of the ground at the drain field, absorption bed
or evapotranspiration bed unless otherwise permitted by the Town Engineer.
Article XIII. Subdivisions
August 10, 1998 Lot Design and Improvement Standards Page 33
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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.
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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.
August 10, 1998 Article XIII. Subdivisions Page 35
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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.
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B. Minimum Right -of -Way and Pavement Width. All streets shall conform to the
Town's approved Thoroughfare Plan.
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.
I. Street Name Signs and Posts. The developer shall pay for the cost of
purchasing and installing street name signs and posts at each street intersection,
which signs and posts shall be approved by the Town.
August 10, 1998 Article XIII. Subdivisions page 37
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Unified Development Code
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
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
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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 not limited to fire and police protection, inspection and
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.
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.
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.
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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
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.
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.
Article XIII. Subdivisions
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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.
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
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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;
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 (GIC 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
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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.
August 10, 1998 Article XIII. Subdivisions Page 43
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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.
Article XIII. Subdivisions
Page 44 Sidewalks and Bikeways August 10, 1998
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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
August 10, 1998 Article XIII. Subdivisions Page 45
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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.
Article XIII, Subdivisions
Page 46 Water Facilities Standards August 10, 1998
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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.
August 10, 1998 Article XIII. Subdivisions Page 47
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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 gwner'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.
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D. Detention Facilities. Lakes, detention ponds, and retention ponds may be
required in certain areas to accommodate an adequate flow rate. In these cases,
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 g. the easement shall be adequate for an open channel of natural
appearance with landscaped banks and sufficient width for maximum potential
volume of flow, unless otherwise approved by the Town Engineer. An improved
open drainage system or closed drainage system may be allowed if approved by
the Town Planner and Town Engineer as part of a master drainage study.
B. Access Easements. The property owner must provide sufficient access on at
least one side of and parallel to all flood ways and open storm water or drainage
ways for drainage maintenance purposes by the Town only. The access shall be
above the base flood elevation and have a slope of 5:1 (five feet horizontal to
one foot vertical) or less and be accessible to vehicles and equipment. Access
must also be provided at a maximum 1200 foot spacing along streets, however,
greater intervals may be approved by the Town Engineer to preserve trees. The
location and size of the access easement shall be determined by the Town
Engineer. The minimum width of the access easement parallel to the drainage
course shall be fifteen (15) feet. Permanent monuments, the type and location of
which are to be determined by the Town Engineer, shall be placed along the
boundaries of the access easement and private property. This access easement
shall be included in the dedication requirements of this Section.
C. Drainage Easements.
1. Where topography or other conditions are such as to make impractical the
inclusion of drainage facilities within street rights-of-way, perpetual,
unobstructed easements at least fifteen (15) feet in width, depending on
slopes, for drainage facilities shall be provided across property outside the
street lines and with satisfactory access to the street. Easements shall be
indicated on the plat. Drainage easements shall extend from the street to a
natural watercourse or to other drainage facilities.
2. When a proposed drainage system will carry water across private land
outside the subdivision or addition, appropriate drainage easements must be
secured by the developer.
D. Floodway Dedication Requirement.
1. All areas within any subdivision located in a floodway as referenced by the
current panel number(s) on the Floodway and Flood Boundary Map (FIRM
Maps) of FEMA or the Town's approved Master Drainage Plan, shall be
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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.
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.
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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.
August 10, 1998 Article XIII. Subdivisions Page 51
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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
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specifications that the various public utility companies may have in force from time
to time.
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.
August 10, 1998 Article XIII. Subdivisions Page 53
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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
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as an open space corridor. Any plat to be filed of record shall show the location
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
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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.
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.
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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.
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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.
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D. Drainage Facilities. The Town may participate in the costs of drainage facilities
required pursuant to Section 11.2.8 to accommodate potential runoff from an
upstream drainage area.
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.
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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.
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.
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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
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interest accrued calculated at 1 % less than the rate of actual earnings received
on the escrowed funds.
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