HomeMy WebLinkAboutOrd 291 Amending the Unified Development Code by adopting Subdivision RegulationsORDINANCE NO. 291
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS ADOPTING NEW
SUBDIVISION REGULATIONS FOR THE TOWN; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake has engaged in an extensive effort to review and
revise its subdivision regulations including numerous meetings with representatives of various
large tracts of land in Westlake, and
WHEREAS, the Town has scheduled a number of public hearings to receive input and
comments from citizens and property owners concerning the proposed regulations; and
WHEREAS, the proposed subdivision regulations have been reviewed by the Planning
and Zoning Commission of Westlake and the Commission has voted to recommend approval of
the same to the Board of Aldermen; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS:
SECTION 1: That the subdivision regulations attached hereto as Exhibit "1" and
incorporated as if fully set out herein are hereby adopted as the "Subdivision Regulations for
the Town of Westlake" and all subdivision of land within the Town shall be done in
accordance with these regulations. Specifically, Article 11 "Drainage" and Article 13
"Platting" of Westlake's Unified Development Code are replaced by the subdivision
regulations adopted herein. In case of any conflicts with previously passed ordinances
concerning the subdivision of property in Westlake, and particularly Article 10 " Flood Plain"
of the Unified Development Code, the provisions of this ordinance shall prevail.
SECTION 2: That the violation of any provision of this ordinance shall be deemed an
offense punishable by a fine not to exceed the maximum amount established by state law, and
each violation thereof shall be and is hereby deemed to be a distinct and separate offense and
punished as such.
SECTION 3: It is hereby declared to be the intention to the Board of Aldermen that if
any phrase, clause, sentence, paragraph or section of this ordinance or the attached subdivision
regulations shall be deemed void, ineffective, or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such voidness, ineffectiveness, or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
or sections of this ordinance since the Board would have enacted the same without any void,
ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance No. 291
Page 2
SECTION 4: That this ordinance shall become effective from and after the date of
its passage.
PASSED AND APPROVED THIS 2°a DAY OF JUNE, 1997.
y
Scott Bradley, •
ATTEST:
Inger •osswy, Town Secr ary
APPROVED AS TO FORM:
Paull ham, Town Attorney
Subdivision Ordinance
TABLE OF CONTENTS
SECTION I GENERAL PROVISIONS
1.1 Purpose
1.2 Authority
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 PROCEDURE
2.1 Classification of Subdivisions
2.2 Coordination with Cluster Residential Developments
2.3 Statutory Procedure
2.4 Pre -Platting Conference
2.5 Procedure for Preliminary Plat Approval
2.6 Procedure for Final Plat Approval
2.7 Minor Subdivision Plats
2.8 Development Plats
2.9 Exceptions
2.10 Validity of Plat Approval
2.11 Amended Plats, Re -plats, Re -subdivision and Vacation of Plats
SECTION 3 ASSURANCE FOR COMPLETION AND MAINTENANCE
OF IMPROVEMENTS
3.1 Required Improvements and Subdivision Improvement Agreement
3.2 Construction Procedures
Pagel
3.3 Inspection of Public Improvements
3.4 Issuance of Building Permits and Certificates of Occupancy
SECTION 4 PUBLIC IMPROVEMENT REQUIREMENTS—GENERAL
4.1 Character of the Land.
4.2 Adequate Public Facilities Policy.
4.3 Subdivision or Addition Name
4.4 Survey
4.5 Facility Design
SECTION 5 LOT DESIGN AND IMPROVEMENT STANDARDS
5.1 Lot Arrangement
5.2 Lot Dimensions
5.3 Double Frontage Residential Lots
5.4 Soil Preservation and Final Grading
5.5 Minimum Lot and Floor Elevations
SECTION 6 NON-RESIDENTIAL PLATS
6.1 General
6.2 Design Principles
6.3 Frontage and Access Standards
SECTION 7 ROADWAY FACILITIES STANDARDS
7.1 Streets and Thoroughfares
7.2 Types of Streets
7.3 Design Standards
7.4 Private Streets
Page
7.5 Street Names
7.6 Criteria for Exceptions For Street Exactions
7.7 Traffic Impact Analysis
SECTION 8 SIDEWALKS AND BIKEWAYS
8.1 Sidewalks
8.2 Pedestrian Accesses
8.3 Bikeways
SECTION 9 WATER FACILITIES STANDARDS
9.1 Adequate Water Facilities
9.2 Design and Construction Requirements
9.3 Extension Policy
9.4 Minimum Size Mains
9.5 Fire Protection
SECTION 10 WASTEWATER FACILITIES STANDARDS
10.1 Adequate Wastewater Facilities
10.2 Design and Construction Requirements
10.3 Extension Policy
10.4 On -Site Treatment
SECTION 11 DRAINAGE FACILITIES STANDARDS
11.1 General Requirements
11.2 Design of Facilities
11.3 Dedication of Drainage Easements
11.4 Grading
11.5 Plans, Specifications and Design Calculations
Page iii
SECTION 12 UTILITY STANDARDS
12.1 Utilities
12.2 Easements
12.3 Damage
SECTION 13 UNDERGROUND UTILITIES
13.1 Underground Utility Standards
13.2 Cost Difference Between Underground and Overhead Utilities
13.3 Temporary Service
13.4 Definitions
13.5 Installation Compliance
13.6 Existing Overhead Utilities
SECTION 14 OPEN SPACE
14.1 Purpose
14.2 Open Space Requirement as Additional and Supplemental
Requirement
14.3 Open Space Dedication Requirement
14.4 Site Criteria
14.5 Subdivision Design and Access Improvements
14.6 Protection and Restoration of Open Space Corridors
14.7 Development Agreements for Open Space
SECTION 15 PUBLIC LANDS REQUIREMENTS
15.1 Reservation of Land
15.2 Procedure for Reserving Land
Page 1v
SECTION 16 PARTICIPATION POLICIES
16.1 General Standards
16.2 Facilities Eligible for Town Participation
16.3 Limitation and Exceptions
16.4 Procedures for Town Participation
16.5 Escrow Policies and Procedures
SUBDIVISION ORDINANCE
Page v
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.
Subdivision Ordinance
Section 1 General Provisions Page 1
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 part 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
Subdivision Ordinance
Section 7 General Provisions Page 2
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 under this ordinance
prior to commencement of development, and prior to issuance of any building
permit or the connection of any utility.
1. Development. For purposes of this section, the term "development" means
the construction of any building, structure or improvement of any nature, or
the enlargement of any external dimension thereof.
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 3.3 of this Article.
Subdivision Ordinance
Section 1 General Provisions Page 3
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 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 from time to time propose amendments to these regulations which shall then be
approved or disapproved by the Board of Aldermen at 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
Subdivision Ordinance
Section 1 General Provisions Page 4
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, 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.
Subdivision Ordinance
Section 1 General Provisions Page 6
SECTION 2 PLATTING PROCEDURE
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
residential developments contained in the Town of Westlake Unified
Development Code.
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
Subdivision Ordinance
Section 2 Platting Procedure Page 6
constitute the official submission date for the plat, after which the statutory period
required for approval or disapproval of the plat shall commence to run. No
application shall be deemed filed until (a) all required filing fees are paid and (b)
the Town Engineer determines that the application is complete. Failure by the
Town Engineer to make a determination of 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.
Subdivision Ordinance
Section 2 Platting Procedure Page 7
1. Purpose. The purpose of the preliminary plat is to allow evaluation of the
proposed plat for conformity with requirements, plans, policies and conditions
at the time the plat is submitted.
2. Applicability. A preliminary plat is required for all major subdivisions prior to
the construction of improvements.
B. Application Procedure and Requirements.
Preliminary Plat. Following the pre -application conference, the applicant may file
for approval of a preliminary plat. The plat shall be prepared by or under the
supervision of a registered professional land surveyor or engineer in the State of
Texas and shall bear his/her seal, signature and date on each sheet.
1. General Application Contents. Fifteen (15) 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,
Subdivision Ordinance
Section 2 Platting Procedure Page 8
easements of record or other existing features within the area
proposed for subdivision.
vi. A designation of the proposed uses of the land within the
subdivision and any zoning amendments requested.
vii. All physical features of the property to be subdivided, including
location and size of all water courses, ravines, bridges, culverts,
existing structures, drainage area in acres or acreage draining into
subdivisions, and other features pertinent to subdivision. The
outline of wooded areas or the location of important individual trees
are required.
viii. The angle of intersection of the center lines of all intersecting
streets which are intended to be less than ninety (90) degrees.
ix. The preliminary location, material, and size of all monuments
approved by the Town Engineer.
x. The outline of all property which is proposed for dedication for
public use with the purpose indicated thereon, and of all property
that may be reserved by deed covenant for the common use of the
property owners in the subdivision or addition.
xi. The name and location of a portion of adjoining subdivisions shall
be drawn to the same scale and shown in dotted lines adjacent to
the tract proposed for subdivision in sufficient detail to show
accurately the existing streets and other features that may
influence the layout and development of the proposed subdivision.
Where adjacent land is not subdivided, the owner's name of the
adjacent tract shall be shown.
xii. In cases where a subdivision contains or abuts a school, park or
playground site, provision of access such as may be required by
these subdivision regulations.
xiii. Front setback lines.
xiv. Special restrictions including, but not limited to, water line,
wastewater line and drainage easements; fire lanes; screening;
and such other requirements for standard notes as may be
contained in the Town of Westlake Engineering Standards.
xv. Contours at five (5) foot intervals, except on terrain with less than
two (2) percent grade in which event contours at two (2) foot
intervals are required.
xvi. Proposed name of the subdivision or addition.
xvii.Name, address and phone number of the property owner and the
name of the engineer or surveyor who prepared the plat.
Subdivision Ordinance
Section 2 Platting Procedure Page 9
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 indicatingthe sourcee 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.
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 (3 copies)
e) Town Planner (1 copies)
J) 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) 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 (g. through I.) 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. Awritten 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.
Subdivision Ordinance
Section 2 Platting Procedure Page 10
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
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.
Subdivision Ordinance
Section 2 Platting Procedure Page 11
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 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 Council
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.
Subdivision Ordinance
Section 2 Platting Procedure Page 12
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 City 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.
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
Subdivision Ordinance
Section 2 Platting Procedure Page 13
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.
Eight (8) copies of the final plat, together with a reproducible mylar drawing, a
computer file of the final plat on media as specified by the Town Engineer in
either AutoCad or DXF format, and three (3) sets of engineering plans shall be
submitted to the Town Engineer at least fifteen (15) days prior to the meeting at
which consideration is desired. This plat shall be submitted at a scale of one
hundred (100) feet to one (1) inch (for small subdivisions, at a scale of fifty feet to
one inch) and the final plat shall show or be accompanied by the following
information:
1. The name of the owner and/or subdivider and of the surveyor responsible for
the plat and the following language:
Notice: Selling a portion of this addition by metes and
bounds is a violation of the Town Ordinance and state
law and is subject to fines and withholding of utilities
and building permits.
2. The name of the subdivision and adjacent subdivisions, the names of streets
(to conform wherever possible to existing street names) and number of lots
and blocks, in accordance with a systematic arrangement.
3. An accurate boundary survey of the property, with bearings and distances,
referenced to survey lines and established subdivisions, and showing the
lines of adjacent lands and the lines of adjacent streets, with their width and
names. Street and lot lines in adjacent subdivisions shall be shown in dashed
lines.
4. Location of proposed lots, streets, public highways, parks and other features,
with accurate dimensions in feet and decimal fractions of feet, with the length
of radii and of arcs of all curves, all angles, and with all other engineering
information necessary to reproduce the plat on the ground. Dimensions shall
be shown from all angle points. Contours, with an interval of two (2) feet or
less as governed by the topography, shall be submitted on a separate sheet
and shall be at the same scale as the plat. All elevations shown shall be
referred to Town datum. All lots on building sites shall conform to the
minimum standards for the area, width and depth prescribed by the Westlake
Subdivision Ordinance
Section 2 Platting Procedure Page 14
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.
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 PLANNING AND ZONING COMMISSION OF
WESTLAKE, TEXAS,
on the _day of, 19
ATTEST:
19
Town Secretary Mayor
11. Final plats shall be accompanied by three (3) sets of prints. Unless an
improvement agreement has been executed in accordance with Subsection
3.1 of this Article, final plats also shall be accompanied by one Mylar
reproducible set of "record drawings" of the construction plans for all water,
wastewater, drainage and paving facilities and any other public improvements
required to serve the subdivision.
12. Final plats shall be accompanied by a lot grading plan drawn at a scale of one
hundred (100) feet to one (1) inch in accordance with the Town of Westlake
Engineering Standards.
Subdivision Ordinance
Section 2 Platting Procedure Page 15
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 3.1.13.4.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 (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 comer monuments shall be established to at
least third order accuracy.
20. Title Information. Each plat submitted for preliminary plat shall be
accompanied by a certificate or letter from a title guaranty company or title
attorney indicating a current search and certifying to at least the following
concerning title to the land:
a) Name of the fee owner as of the date of examination and the date, file
number, volume and page of the recording of the deed involved.
b) The name, file number, date of filing and volume and page of any lien
holders.
c) A general description of any existing easements or fee strips granted, along
with the file number, date of filing, and volume and page of recording.
Subdivision Ordinance
Section 2 Platting Procedure Page 16
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, Gopy)
b) Town Secretary (1 copy
c) Planning and Zoning Commission (3 copies)
d) Town Engineer (1 copy)
e) Town Planner (1 copy)
Q 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.
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 general plan and its current and planned
streets, alleys, parks, open space, and public utility facilities;
b) It conforms to the general plan for the extension of roads, streets, and
public highways within the Town and in its extraterritorial jurisdiction,
Subdivision Ordinance
Section 2 Platting Procedure Page 17
taking into account access to and extension of sewer and water mains
and the instrumentalities of public utilities;
c) Any applicable bonds are filed; and
d) It conforms to subsection 2.6 E 1, above.
F. Approval Procedure.
Approval Procedure. After review of the final plat, the Town Engineer shall
place the final plat for decision on the agenda of a public meeting of the
Commission. Minor plats may be approved by the Engineer or referred to the
Board of Aldermen. Following review of the final plat and other materials
submitted for conformity thereof to these regulations, the Commission shall
recommend approval or denial of the submitted final plat.
a) Recommended Approval. Final plats recommended for approval shall
be filed for hearing by the Board of Aldermen.
b) Recommended Denial. Final plats not recommended for approval may
be processed in one of the two following ways:
1) Final plat may be revised in accordance with the recommendations
of the Planning and Zoning Commission and refiled for
reconsideration at a regularly scheduled Planning and Zoning
Commission meeting; or
2) The final plat recommended for denial may be filed for hearing at a
regularly scheduled Board of Aldermen Meeting.
2. Recording of Commission Action. The action of the Planning and Zoning
Commission shall be noted on two (2) copies of the final plat, referenced and
attached to any conditions determined. One (1) copy shall be returned to the
subdivider or developer and the other retained in the files of the Town staff. A
notation of the action taken on each final plat and requisite reasons therefor
shall be entered in the minutes of the Planning and Zoning Commission.
3. Forward Final Plat to Board. The Town Engineer shall submit the final plat
with the recommendations established by the Planning and Zoning
Commission to the Board of Aldermen for its consideration. Eight (8)
additional copies of the final plat should be submitted to the Board of
Aldermen through the Town Engineer not less than fifteen (15) days prior to
the Board meeting at which consideration is desired.
4. Board Consideration of Final Plat. After review of the final plat, any and all
reports and recommendations as submitted pursuant to these regulations,
and any exhibits submitted at the public hearing, the Board of Aldermen shall
approve or deny the final plat. The action of the Board shall be noted on two
(2) copies of the final plat. One (1) copy shall be returned to the subdivider or
developer and the other retained in the Town files.
Subdivision Ordinance
Section 2 Platting Procedure Page 18
5. Recording of Board Action. A notation of the action taken on each final plat
and the requisite reasons therefor shall be entered in the minutes of the
Board.
G. Certificate of Compliance.
Upon final approval of a final plat required by these regulations, the Board of
Aldermen shall issue to the person applying for approval a certificate stating that
the final plat has been approved by the Town. For purposes of this section, final
approval shall not occur until all conditions of approval have been met.
H. Effect of Decision.
1. Effect of Approval of Final Plat. Approval of a final plat shall certify
compliance with the regulations of the Town of Westlake pertaining to the
subdivision of land. An approved and signed final plat may be filed with the
County as a record of the subdivision of land and may be used to reference
lots and interests in property thereon defined for the purpose of conveyance
and development as allowed by these regulations.
2. Effect of Denial. In the case of a denial of a final plat, the Town shall advise
the subdivider as to future requirements to obtain approval of the Plat.
1. Signing and Recording of Final Plat.
1. When Improvement Agreement and Security are Required. When a
subdivision improvement agreement and security are required, the Mayor and
the Town Secretary shall endorse approval on the final plat after the
agreement and security have been approved by the Board, and all the
conditions pertaining to the final plat have been satisfied.
2. When Installation of Public Improvements are Required. When
installation of public improvements is required prior to approval of the final
plat, the Mayor and Town Secretary shall endorse approval on the final plat
after all conditions of approval have been satisfied and all public
improvements satisfactorily completed. There shall be written evidence that
the required public facilities have been installed in a manner satisfactory to
the Town as shown by a certificate signed by the Town Engineer stating that
the necessary dedication of public lands and installation of public
improvements has been accomplished.
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.
Subdivision Ordinance
Section 2 Platting Procedure Page 19
2.7 Minor Subdivision Plats
A. Procedure for minor plats. A subdivision may be platted with the abbreviated
procedures that follow if it meets the criteria set forth below:
1. The land in question lies along or fronts upon an existing street.
2. The subdivision does not encompass more than four (4) tracts or lots, which
do not require extension of municipal utilities.
3. The subdivision or use of the land to be subdivided does not necessitate any
appreciable alteration of utility installations, drainage patterns, streets, or
building setback lines.
4. The tracts so subdivided generally conform to other lots in the vicinity and
maintain the same zoning.
5. No variance from the requirements of the ordinances of the Town of Westlake
will be requested.
B. Applicable Requirements. All designs, improvements and drawing information
standards provided in these regulations shall be applicable to the short form
subdivision. Preliminary platting is not required.
C. Filing of Minor Plat. The minor plat shall be submitted and filed with the Town in
the same manner as any other plat and shall require the same filing fees as for a
major subdivision.
D. Staff Review. The Town Engineer shall review the plat to insure it meets all
the provisions of these regulations.
E. Decision. The Town Engineer shall approve the plat if it conforms to
Subsection 2.6 E of this Article, or he may refer the decision to the Board of
Aldermen.
2.8 Development Plats
A. Applicability. Pursuant to Chapter 212, subchapter B, of the Texas Local
Government Code, whenever a property owner proposes to divide land into tracts
or lots each of which is greater than five (5) acres, and for which no public
improvements are proposed, he shall submit an application for approval of a
development plat prior to the issuance of any building permit or the connection of
any utility. The property owner may apply for a conveyance plat in accordance
with section 2.9 prior to submittal of a development plat. Alternatively, the
property owner may apply for plat approval pursuant to sections 2.1 through 2.7
in lieu of applying for development plat approval.
B. Standards of Approval. The development plat shall not be approved until the
following standards have been satisfied:
1. the proposed development conforms to the Westlake Comprehensive Plan,
master plans for utilities and drainage, and Thoroughfare Plan;
2. the proposed development conforms to the requirements of the zoning
ordinance;
Subdivision Ordinance
Section 2 Platting Procedure Page 20
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: however, a conveyance plat does not constitute approval for
development of the property. 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
Subdivision Ordinance
Section 2 Platting Procedure Page 21
larger than 5 acres and such land has not been included in an application for a
preliminary plat or development plan.
C. Application Procedure and Requirement
Application Requirements. The property owner 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.
1. 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
Subdivision Ordinance
Section 2 Platting Procedure Page 22
interests thereon defined. No building permit shall be issued nor
permanent public utility service provided until a final plat is approved, filed
of record and public improvements accepted in accordance with the
provisions of the Subdivision Ordinance of the Town of Westlake. Selling
a portion of this property by metes and bounds, except as show on an
approved, filed and accepted conveyance plat, final plat or replat is a
violation of the Town Ordinance and State Law".
2. Standard for Approval
a. Access. All tracts, parcels, lots or sites created by a conveyance plat shall
have frontage and access to an existing or proposed public street defined on
the Town's Thoroughfare Plan or to an existing standard street meeting Town
construction standards and accessing the existing Town street system.
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 or 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 r
right-of-way dedication shall be limited to that which is necessary to
provide access to the property proposed for final plat approval.
3. Approval Procedure. A conveyance plat meeting all requirements of the Town
shall be placed on the consent agenda of the Planning and Zoning Commission.
Conveyance plats shall be approved provided they comply with the requirements
set forth in this Section 2.9. The Commission must approve, conditionally
approve or deny a conveyance plat no later than 30 days from the date of
application. If denied, the Commission shall provide written explanation of the
reason for denial. If the Commission fails to approve or deny the application
within 30 days of the official submission date, the conveyance plat shall be
deemed approved.
4. Signing and Filing.
a. After the approval of the conveyance plat by the Commission and the
correction of the conveyance plat as required to meet the requirements of
the Section 2.9, the property owner or his engineer shall submit filing fees
and the required number of copies for filing to the Town Engineer for filing
with the County. Having submitted copies and fees, the owner may request a
delay of filing for up to six months from the date of approval. Any
conveyance plat which has not been filed with the County within six months
of the date of approval shall be void. Prior to filing with the County the
property owner may withdraw or void a conveyance plat. Any conveyance
Subdivision Ordinance
Section 2 Platting Procedure Page 23
plat withdrawn and/or voided must be resubmitted under current regulations
and procedures and reapproved by the Commission and filed with the county.
Prior to filing, the chairman of the Commission or the town Engineer shall
endorse approval of the conveyance plat. One (1) copy of the recorded
conveyance plat will be forwarded to the property owner by the Town
Engineer.
b. No final plat processed and approved in association with a conveyance plat
shall be filed without the concurrent filing of the associated approved
conveyance plat.
5. Effect
a. Conveyance plat approval and acceptance by the Town does not relieve the
owner from obligations, including fees, required by other sections of this or
other ordinances of the Town pertaining to the improvement of the property or
extension of services as required to make to property suitable for
development.
b. Neither reservation nor dedication of right-of-way shall relieve the property
owner from obligations for street construction or assessments associated
with public street improvement programs. Easements for access, utilities and
drainage may be recorded on conveyance plats.
c. Final Platting Requirement
L 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;
Subdivision Ordinance
Section 2 Platting Procedure Page 24
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 Commission may require such
conditions as will, in its judgment, secure substantially the purposes described in
Subsection 2.6 E.
D. Procedures. A petition for an exception shall be submitted in writing by the
property owner at the time when the preliminary plat or final plat is filed for the
consideration of the Board. The petition shall state fully the grounds for the
application and all of the facts relied upon by the petitioner.
E. 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.
2.11 Amended Plats, Re -plats, Resubdivision 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
Subdivision Ordinance
Section 2 Platting Procedure Page 26
Commission, at which time approval is to be requested. Replats or resubdivisions
shall show or be accompanied by the information that is required for preliminary
plats or final plats, whichever is applicable. Replats or resubdivisions shall not be
docketed for consideration unless the requirements of this Chapter are met.
C. Amending Plats for Technical Reasons.
1. Technical Plat Amendments. The Board may, upon petition of the property
owner or developer, approve and issue an amending plat which is signed by
the applicants, for one or more of the purposes set forth below. This approval
and issuance shall not require notice, hearing, or approval of other lot
owners. This subsection shall apply only if the sole purpose of the amending
plat is:
a) To correct an error in any course or distance shown on the prior plat;
b) To add any course or distance that was omitted on the prior plat;
c) To correct an error in the description of the real property shown on
the prior plat;
d) To indicate monuments set after death, disability, or retirement from
practice of the surveyor charged with responsibilities for setting
monuments;
e) To show the proper location or character of any monument which has
been changed in location or character or which originally was shown
at the wrong location or incorrectly as to its character on the prior plat;
f) To correct any other type of scrivener or clerical error or omission as
previously approved by the Board of Aldermen; such errors and
commissions may include, but are not limited to, lot numbers, acreage,
street names, and identification of adjacent recorded plats;
g) To correct an error in courses and distances of lot lines between two
adjacent lots where both lot owners join in the application for plat
amendment and neither lot is abolished, provided that the
amendment does not attempt to remove recorded covenants or
restrictions and does not have a material adverse effect on the
property rights of the other owners in the plat;
h) To relocate a lot line in order to cure an inadvertent encroachment of
a building or improvement on a lot line or on an easement;
I) To relocate one or more lot lines between one or more adjacent lots
where the owner or owners of all the lots join in the application for the
plat amendment, provided that such amendment does not:
Attempt to remove recorded covenants or restrictions; or
ii) Increase the number of lots.
Subdivision Ordinance
Section 2 Platting Procedure Page 26
2. Procedures. Amending plats for technical reasons maybe 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.
General Conditions. 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 he Chairperson
of the Commission.
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,
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 27
the final plat shall dedicate those public improvements to the Town. As used
in this Section, "lot improvements" refers to grading and installation of
improvements required for proper drainage and prevention of soil erosion.
2. Deed of Rights -of -Way and Easements. As a condition of final plat
approval, the Board may require the property owner to deposit in escrow a
sufficient deed describing by metes and bounds street rights-of-way and
necessary easements required by these regulations, conveying such rights-
of-way and easements to the Town, pending acceptance of improvements by
the Town and recordation of the final plat. In the event the property owner is
unable to complete the improvements, and the improvements are deemed
necessary for the preservation of the public health and safety, the Town may
compel the delivery of the deed in order to complete the improvements as
required.
B. Improvement Agreement and Guarantee of Completion of Public
Improvements
1. Subdivision Improvement Agreement.
a. The Board of Aldermen, upon recommendation of the Town Engineer,
may waive the requirement of Subsection 3.1 A 1 above, and may permit
the property owner to enter into a Subdivision Improvement Agreement
by which the property owner covenants to complete all required public
improvements no later than two (2) years following the date upon which
the final plat is signed. The Agreement shall be on a form provided by
the Town.
b. The Board of Aldermen may also require the property owner to complete
and dedicate some required public improvements prior to approval of the
final plat and to enter into a Subdivision Improvement Agreement for
completion of the remainder of the required improvements during the
two-year period.
c. The owner shall provide for a bond, letter of credit or other fiscal surety
acceptable to the Town attorney that guarantees maintenance of the
required public improvements for a period of two (2) years following
acceptance by the Town of all required public improvements. The surety
shall be in the amount of 100% of the costs of the improvements for this
period.
d. The Subdivision Improvement Agreement shall contain such other terms
and conditions as are agreed to by the property owner and Town. The
agreements relative to any subdivision shall not be considered as
complete until three (3) sets of record drawings and one (1) set of 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.
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 28
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.
3. Security. 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;
a. a cash escrow, or
b. 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
c. a first and prior lien on the property.
d. 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.
e. 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.
f. The issuer of any surety bond and letter of credit shall be subject to the
approval of the Town Engineer and the Town Attorney.
g. Prior to drawing on any form of security, the Town shall provided the
property owner with notice and give the property owner a reasonable
opportunity to cure.
5. Reduction of Escrow as Improvements Completed. As portions of the public
improvements are completed in accordance with approved development plans,
the developer may make application to the Town Engineer to reduce the amount
of the original letter of credit or cash escrow. 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
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 29
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, I
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.
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 30
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,
easement, or park shown on the plat. The Board may require the plat to be
endorsed with appropriate notes to this effect.
3.2 Construction Procedures
A. Construction of Public Works.
Construction of all public works projects shall be in accordance with the Town of
Westlake Engineering Standards.
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 parry 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
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 31
and specifications. Any change in design required during construction should
be made by the engineer whose seal and signature are shown on the plans.
Another engineer may make revisions to the original engineering plans if so
authorized by the owner of the plans and if those revisions are noted on the
plans or documents. All revisions shall be approved by the Town Engineer.
If the Town Engineer finds upon inspection that any of the required public
improvements have not been constructed in accordance with the Town's
construction standards and specifications, the property owner shall be
responsible for completing and/or correcting the public improvements.
B. Certificate of Satisfactory Completion.
1. Record Drawings. The Town will not accept dedication of required public
improvements until the applicant's engineer has certified to the Town
Engineer, through submission of a detailed record drawings of the property,
the location, dimensions, materials, and other information required by the
Board or Town Engineer. The record drawings shall also include a complete
set of drawings of the paving, drainage, water, wastewater, and other public
improvements, showing that the layout of the line and grade of all public
improvements is in accordance with construction plans for the plat. Each as -
built sheet shall show all changes made in the plans during construction and
on each sheet there will be an as -built stamp bearing the signature of the
engineer and date. The Town shall be provided one reproducible drawing of
each of the utility plan sheets containing the as -built information. When these
requirements have been met the Town Engineer, on behalf of the Town, shall
thereafter accept the public improvements for dedication in accordance with
the established procedure.
2. Acceptance of Public Improvements. Acceptance of the development shall
mean that the developer has transferred all rights to all the public
improvements to the Town or to another authorized public entity for use and
maintenance. The Town Engineer may, at his or her discretion, accept
dedication of a portion of the required public improvements, provided
adequate security has been given for the completion of all of the required
public improvements. Upon acceptance of the required public improvements,
the Town Engineer shall submit a certificate to the developer stating that all
required public improvements have been satisfactorily completed.
3.4 Issuance of Building Permits and Certificates of Occupancy
A. Building Permit.
No building permit shall be issued for a lot or building site unless the lot or site
has been officially recorded by a final plat approved by the Town and all public
improvements as required by the Board have been completed, as attested to by
the Town Engineer through the issuance of a Certificate of Completion, except as
permitted below.
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 32
I . 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.
Z 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.
Subdivision Ordinance
Section 3 Assurance for Completion and Maintenance of Improvements Page 33
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, 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
Subdivision Ordinance
Section 4 Public Improvement Requirements - General Page 34
surrounding properties in accordance with the intent, policies and provisions of
this ordinance.
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
(Y:) 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.
Subdivision Ordinance
Section 4 Public Improvement Requirements - General Page 35
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 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:
Subdivision Ordinance
Section 5 Lot Design and Improvement Standards
Page 35
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.
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.
Subdivision Ordinance
Section 5 Lot Design and Improvement Standards
Page 37
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.
Subdivision Ordinance
Section 6 Non -Residential Plats Page 38
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 Master 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 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
Subdivision Ordinance
Section 7 Roadway Facilities Standards
Page 39
impacts generated by the development. The Town may participate in the costs of
oversize improvements with the subdivider or developer pursuant to Section 16.
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 Master 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
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 40
A. General. All streets and thoroughfares shall be designed in accordance with
these regulations and applicable standards established in the Thoroughfare Plan
and Comprehensive Plan, and according to current Town standards and
specifications, and as approved by the Town Engineer.
B. Minimum Right -of -Way and Pavement Width. All streets shall conform to the
Town's approved Thoroughfare Plan.
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 notation:
"Cross -hatched area is temporary easement for turn -around until street is
extended (direction) in a recorded plat."
D. Cul -de -Sacs. Cut -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. Cut -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.
Subdivision Ordinance
Section 7 Roadway Facilities Standards
Page 41
3. Street intersections with or extending to meet an existing street will be tied to
the existing street center line with dimensions and bearings to show
relationship.
4. Traffic circles may be allowed with the approval of the Town engineer.
I. Street Name Signs and Posts. The developer shall pay for the cost of
purchasing and installing street name signs and posts at each street intersection,
which signs and posts shall be approved by the Town.
J. Street Lighting. The subdivider shall provide, at no expense to the Town and as
a part of the street improvements, street lighting in accordance with the Town's
standards. Where street lighting is not standard Town street lighting, the
subdivider is required to furnish a street lighting layout for approval by the Board
at the time approval is requested for the subdivision. If the Town's standard
street lighting is not used, the street lighting must be maintained by an approved
property owners 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. Transportation element of the Comprehensive Plan;
2. Thoroughfare Access Standards 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 of the
Comprehensive 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
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 42
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 a separate lot
owned by the property owners association. This lot must conform to the Town's
standards for public street right-of-way. An easement covering the street lot 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 tele -cable 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 of 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 the
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.
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
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 43
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 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 off a break -away design. A turn-
around space must be located in front of any restricted access entrance to allow
vehicles denied access to safely exit onto public streets.
J. Waiver of Services. The subdivision final plat, property deeds and property
owner association documents shall note that certain Town services shall not be
provided on private streets. Among the services which will not be provided are:
routine police patrols and enforcement of traffic and parking ordinances. All
private traffic regulatory signs shall conform to the Texas Manual of Uniform
Traffic Control Devices. Depending on the characteristics of the proposed
development, other services may also not be provided.
K. Petition To Convert to Public Streets. The property owner association
documents shall allow the association to request the Town to accept private
streets and associated property as public streets and right-of-way upon written
notice to all association members and the favorable vote of a majority of the
membership, in accordance with the voting rights and procedures of the
association. However, in no event shall the Town be obligated to accept the
streets as public. Should the Town elect to accept the streets as public, the Town
may inspect the private streets and assess the lot owners for the expense of
needed repairs concurrent with the Town's acceptance of the streets. The 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 provided 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. On the subdivision final plat shall be language 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;
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 44
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 language 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.
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,
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 45
including that which may be generated by or attributed to other phases of the project
or property to be developed.
7.7 Traffic Impact Analysis
Required traffic impact analysis shall include the following elements:
A. General Site Description. The traffic impact analysis shall include a detailed
description of the roadway network within one (1) mile of the site, a description of
the proposed land uses, the anticipated stages of construction, and the
anticipated completion date of the proposed land development. This description,
which may be in the form of a map, shall include the following items:
1. all major intersections,
2. all proposed and existing ingress and egress locations,
3. all existing roadway widths and rights-of-way,
4. all existing traffic signals and traffic -control devices, and
5. all existing and proposed public transportation services and facilities
within a one (1) mile radius of the site.
B. Proposed Capital Improvements. The traffic impact analysis shall identify any
changes to the roadway network within one (1) mile of the site, proposed by any
governmental agency. This description shall include the above items as well as
any proposed construction project that would alter the width and/or alignment of
roadways affected by the proposed development.
C. Traffic Impact Analysis.
1. Transportation Impacts
a) Trip Generation. The average weekday trip generation rates (trip ends)
and the highest average hourly weekday trip generation rate between 4
P.M. and 6 P.M. for the proposed use shall be determined based upon
the trip generation rates contained in the most recent edition of the
Institute of Transportation Engineers, Trip Generation Manual.
b) Trip Distribution. The distribution of trips generated by the proposed
development to arterial and collector roadways within the study area, in
conformity with accepted traffic engineering principles, taking into
consideration the land use categories of the proposed development; the
area from which the proposed development will attract traffic; competing
developments (if applicable); the size of the proposed development;
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
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 46
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
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.
Subdivision Ordinance
Section 7 Roadway Facilities Standards Page 47
SECTION 8 SIDEWALKS AND BIKEWAYS
8.1 Sidewalks
Sidewalks shall conform to established Town standards and specifications.
8.2 Pedestrian Accesses
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.
Subdivision Ordinance
Section 8 Sidewalks and Bikeways Page 48
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 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 Mains
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
Subdivision Ordinance
Section 9 Water Facilities Standards Page 49
locations between intersections at a maximum spacing of five -hundred (500)
feet between fire hydrants as measured along the route that 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.
Subdivision Ordinance
Section 9 Water Facilities Standards Page 60
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 necessarywwaVllk
er
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.
Subdivision Ordinance
Section 10 Wasterwater Facilities Standards Page 61
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
Standard Details. Drainage Plans shall be submitted with the plat.
B. Accommodation of Upstream Drainage Areas. Drainage facilities shall in each
case be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the subdivision or addition. The owner's
engineer shall initially determine the necessary size of the facility, based on the
provisions of the construction standards and specifications assuming conditions
of maximum potential watershed development permitted by the Zoning
Ordinance, subject to approval by the Town Engineer.
C. Effect on Downstream Drainage Areas. The owner's engineer, subject to
approval by the Town Engineer, shall study the effect of each addition's storm
runoff on the existing underground drainage facilities immediately downstream of
the addition. Where it is determined that existing capacity is not available
immediately downstream, the owner's engineer shall design a drainage system,
detention facility, or parallel system to mitigate the deficiency. The Board may
withhold approval of the plat until such mitigation has been provided. If oversize
Subdivision Ordinance
Section 11 Drainage Facilities Standards Page 62
improvements are required, then the Town may participate in the cost as
prescribed by this Ordinance.
D. Detention Facilities. Lakes, detention ponds, and retention ponds may be
required in certain areas to accommodate an adequate flow rate. In these cases,
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 conform substantially 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.
Subdivision Ordinance
Section 11 Drainage Facilities Standards Page 63
D. Floodway Dedication Requirement
All areas within any subdivision located in a floodway as referenced by the
current panel number(s) on the Floodway and Flood Boundary Map (FIRM
Maps) of FEMA or the Town's approved Master Drainage Plan, shall be
dedicated to the Town or any approved property owners' association,
foundation or conservancy unless otherwise 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.
SECTION 12 UTILITY STANDARDS
12.1 Utilities
All utilities lines must be located under ground in compliance with Section 13.1.
Subdivision Ordinance
Section 11 Drainage Facilities Standards Page 64
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.
Subdivision Ordinance
Section 12 Utility Standards Page 66
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 Utilities
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
Subdivision Ordinance
Section 13 Underground Utilities Page 66
All installations regulated by the provisions set forth herein shall be in conformance
with the intent of this Section and shall conform to any regulations and/or
specifications that the various public utility companies may have in force from time to
time.
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.
Subdivision Ordinance
Section 13 Underground Utilities Page 57
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
14.7.A, and the amount of Town participation in excess costs, if any.
Subdivision Ordinance
Section 14 Open Space Page 68
This agreement shall be considered as part of the application for plat approval
and which plat shall not be placed on the Commission agenda for consideration
until a development agreement is submitted. The Town shall act on the proposed
development agreement within sixty days of its submittal.
C. Open Space Corridor Shown on Plat. If required to submit a preliminary plat,
the plat shall show an accurate location of all land which is offered for dedication
as an open space corridor. Any plat to be filed of record shall show the location
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 the 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. The minimum standard for appropriate fencing to protect
vegetation is established in Appendix C Landscape and Irrigation Standards.
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.
Subdivision Ordinance
Section 14 Open Space Page 69
14.7 Development Agreements for Open Space
A. Cash -in -Lieu of Dedication. If the property being platted does not included land
identified in the Comprehensive Plan as an open space corridor, once corridors
for connection to the Town -wide system are provided, provisions may be made in
the Development Agreement to provide cash -in -lieu of dedication.
B. City Participation. In the event that the reasonable value of required land
dedication exceeds the demands generated by the subdivision, the Town may
participate in the excess costs in accordance with Town policies relating to
availability of funds, if any, or may enter into an agreement to reimburse the
developer for such excess costs, which shall occur no later than five years from
the date of final acceptance of open space facilities.
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. This approval shall be by
resolution, following a request for participation by the developer.
Subdivision Ordinance
Section 14 Open Space Page 60
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 for public use. Boundaries of
land reserved for public use may be adjusted subject to the approval of the Board.
The Board 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 fails to initiate acquisition of the area reserved within this
period and the area shall be free for development in accordance with these
regulations.
SECTION 16 PARTICIPATION POLICIES
Subdivision Ordinance
Section 15 Public lands Requirements Page 61
16.1 General Standards
A. Town's Share of Improvement Costs.
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.
Subdivision Ordinance
Section 16 Participation Policies Page 62
D. Drainage Facilities. The Town may participate in the costs of drainage
facilities required pursuant to Section 11.23 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 retentionMetention 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.
Subdivision Ordinance
Section 16 Participation Policies Page 63
The Town Engineer shall determine the Town's participation in the cost of public
improvements, in accordance with the criteria in Sections 15.1 through
15.3 In This Article.
C. Final Determination of Town Participation.
Upon completion of the work and acceptance by the Town, final construction
costs will be determined. Town participation will then be calculated based on
measurements in the field and applying the standards in Sections 15.1 through
15.3 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 roadway facilities 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 facilities if
Subdivision Ordinance
Section 16 Participation Policies FEW64
a building permit has not been issued on the subject lot or if a new building permit
is applied for.
E. Refund.
If any public improvement for which escrow is deposited, is constructed, or is
reconstructed by another governmental authority at no cost to the Town, the
escrow funds and accrued interest shall be refunded to the property owner or
developer after completion and acceptance of the public improvements. In the
event that a portion of the cost is borne by the Town and the other portion of the
cost by another governmental authority, the difference between the owner's
actual proportionate cost and the escrow funds, including accrued interest, if any,
shall be refunded after completion and acceptance of the improvements.
F. Interest Limitation.
If money is refunded within six months of deposit, only the principal will be
refunded. Monies returned after this date will be refunded with interest accrued,
calculated at 1% less than the rate of actual earnings.
Subdivision Ordinance Page 66
Section 16 Participation Policies