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