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HomeMy WebLinkAboutOrd 224 Amending the Unified Development CodeORDINANCE NO. 224 AN ORDINANCE OF THE TOWN OF WESTLAKE, 'T'EXAS, AMENDING ARTICLE XIII, CHAPTER 12 C A . "PUBLIC FACILITIES-' OF THE WESTLAKE UNIFIED DEVELOPMENT CODE TO PROVIDE FOR PERIME'T'ER STREET FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake has adopted a Unified Development Code, Ordinance No. 218, and Article XIII, Section 12 C. "Public Facilities" provides that the subdivider of each tract of land shall be required to construct all streets within the subdivision at his/her expense; and WHEREAS, streets and roads that border a subdivision, "Perimeter Streets", usually need to be constructed or upgraded in order to serve the subdivision; and WHEREAS, the Board of Aldermen believe that it is appropriate to assess the subdivider of each tract of land fees to pay for the proportionate cost of the perimeter streets that will have to be constructed or upgraded at some future date due to the subdivision in order to protect the health, safety, and welfare of the citizens of the Town. of Westlake; NOW, THEREFORE, BE IT ORDAINED By THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That Article XIII "Platting", Section 12 "Construction Requirements", Subsection C. "Public Facilities" is hereby amended by adding a new paragraph la. which shall hereinafter read as follows: Section 1a. Perimeter Street Fees. The subdivider of each tract of land must construct all on-site streets at the subdivider' - sole expense. If an existing perimeter street borders on the subdivision or if the Town Thoroughfare Plan provides for a perimeter street bordering on the proposed subdivision, the subdivider must donate his proportionate share of the right-of-way for the street, and must pay (i)one-half of the cost of constructing a local residential street if the land adjacent to the perimeter street is zoned for a residential use or (ii) one-half of the cost of constructing an undivided collector if the land adjacent to the perimeter street is zoned for some use other than residential. The fee will be calculated on a front footage basis so that the subdivider shall pay one-half the appropriate cost for the length of the perimeter street bordering the subdivider's property. The fee shall be paid in cash or irrevocable letter of credit to the Town Ordinance No. ;?Z°i Perimeter Street Fee Ordinance Page Two (2) prior to the filing of the final plat. The Town may waive or reduce the perimeter street fee if the majority of the street frontage is already developed according to the Town's Thoroughfare Plan or the street improvements are anticipated to be constructed by assessment or by another party such as the state, county, or federal government. Section 2. It is hereby declared to be the intention of the Town Board of Aldermen that the sections, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared 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 same would have been enacted by the Town Board of Aldermen ;without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or sentence. Section 3. Any violation of this Ordinance is subject to the enforcement provisions contained in Article KV "Enforcement" of the Westlake Unified Development Code, Ordinance No. 218, including a fine not to exceed $2,000 for each offense, and each day that a violation exists will be considered a distinct and separate offense. PASSED AND APPROVED THIS THE �DAY OF AUGUST, 1994. SCOTT BRADLEY, 14AR TONIN OF WESTLAKE, ERAS ATTEST: Town Secretary APPROVEDD AS TO LEGAL FORM: Town Attorney