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HomeMy WebLinkAboutOrd 189 Amending the Fee and Use Schedule ORDINANCE NO. 189 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING AND AMENDING FEES FOR ZONING CHANGE APPLICATIONS, COMPREHENSIVE SITE PLANS, SPECIAL USE PERMITS, SUBDIVISION PLATS AND ENGINEERING PLANS, VACATION OF PLATS, VARIANCE OF SUBDIVISION REGULATIONS AND CONSTRUCTION INSPECTIONS; PROVIDING FOR A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE TO ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART I. That the Town hereby adopts this Fee Schedule for Zoning Change Applications, Comprehensive Site Plans, Special Use Permits, Subdivision Plats and Engineering Plans, Vacation of Plats, Variance of Subdivision Regulations and Construction Inspections which consists of Sections 1 through 3 which shall hereinafter read as follows: "SECTION 1. PURPOSE That any person, firm or corporation desiring to submit a zoning change application, comprehensive site plan, special use permit, subdivision plat (both preliminary and final) and engineering plans, comprehensive site plan on previously zoned property, vacation of plat, or a variance to subdivision regulation within the jurisdiction of the Town of Westlake, Texas, shall first file an application with the Town Secretary, together with a filing fee according to the appropriate fee schedule before any governing body or official will start the process of reviewing for approval or denial. It is the responsibility of the Applicant to read all ordinances related to the application. Copies of ordinances may be purchased from the Town Secretary. "In addition, any person, firm or corporation desiring to commence construction for the development of a subdivision or resubdivision shall secure a permit from the Town Secretary and pay the construction inspection fee in accordance with the schedule set out herein. " ORDINANCE PAGE - 1 \373-23.003\005.ord "SECTION 2. AMOUNT OF FEES The amount of the fee or fees is listed on the appropriate schedules attached to this Ordinance. If the specific type of proposed application is not included in the fee schedule, the Town Secretary shall determine the fee by selecting an item that would be similar in nature to the proposed application, and the fee shall be finally determined by the Board of Aldermen at the next regularly scheduled meeting. The Board may elect to adjust the application fees under special circumstances." "SECTION 3. PAYMENT OF FEES All fees charges are payable at the time of application unless specified otherwise on the fee schedule." PART II. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PART III. That this Ordinance shall be cumulative of all other ordinances of the Town of Westlake affecting zoning application fees and subdivision platting fees, and specifically Ordinance No. 49, as amended as it relates to zoning application fees and Ordinance No. 106, as amended, as it relates to subdivision and platting fees; but shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. PART IV. It is hereby declared to be the intention of the Town Board of Aldermen that the sections, paragraphs, sentences, 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 ORDINANCE PAGE - 2 \373-23.003\005.ord Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. PART V. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. PASSED AND APPROVED this the 6th day of May, 1991. DALE L. WHITE, MAYOR TOWN OF WESTLAKE, TEXAS ATTEST: w GERRY WHITE, SECRETARY TOWN OF WESTLAKE, TEXAS APPROVED AS TO LEGAL FORM PAUL C. ISHAM, TOWN ATTORNEY TOWN OF WESTLAKE, TEXAS ORDINANCE PAGE - 3 \373-23.003\005.ord SCHEDULE 1 TOWN OF WESTLAKE FEE SCHEDULE FOR ZONING CHANGE APPLICATIONS 1. PRE-APPLICATION/PRE-DESIGN CONFERENCE This is intended to provide the applicant with a verbal interpretation of ordinances and processes, and to respond to any questions they may have. Such meetings may involve members of the Planning and Zoning Commission, Board of Aldermen, the City Planner, City Attorney and City Engineer. Fee: 10% of Zoning Application Fee. $1,500 minimum for Commercial Zoning. STRAIGHT ZONING CHANGE This includes review of the Application, site visits, meetings with the Applicant and recommendations to the Planning and Zoning Commission and all Public Notifications. Fee: Commercial Zoning - $1,800 + $90/acre; $40,000 maximum (less fee paid for Pre -Application Conference) Single Family = $600 + $30/acre APPROVAL OF COMPREHENSIVE SITE PLAN This includes review of the Application, site visits, meetings with the Applicant and recommendations to the Planning and Zoning Commission and all Public Notifications. Applicants will be encouraged to seek approval of Conceptual Site Plans (for 34% of the fee), and Comprehensive Site Plans (for the remaining 66% of the fee) in a two stepped process. Fee: $1,800 + $90/acre - 150 acre minimum (less fee paid for Pre -Application Conference) SPECIAL USE PERMIT This includes review of the Application, Site Visits, meetings with the Applicant and recommendations to the Planning and Zoning Commission and all Public Notifications. Fee: $1,800 + $90/acre; $40,000 maximum (less fee paid for Pre -Application Conference) ORDINANCE PAGE - 4 \373-23.003\005.ord SCHEDULE 2 TOWN OF WESTLAKE FEE SCHEDULE FOR SUBDIVISION PLAT, ENGINEERING PLAN AND SITE PLAN APPLICATIONS SUBDIVISION PLAT ENGINEERING PLANS AND SITE PLANS• (Fees are payable with application). 1. Pre -Application or Pre -Design Conference Ten Percent (10%) of the projected total fee for the activity being applied for. This fee shall be credited toward the next ongoing fee, if any, when due. (Minimum $1,800.00) 2. Any Subdivision Plat or Resubdivision Plat: A. PRELIMINARY PLATS ... $1,800.00 plus $90.00 per acre, to a maximum of $36,000.00. B. FINAL PLAT ... $900.00 plus $90.00 per acre, to a maximum of $18,000.00. C. ENGINEERING PLANS ... $1,800.00 plus $90.00 per acre, 150 acre minimum. 3. Site Plans: A. COMPREHENSIVE (FINAL) SITE PLAN ... $1,800.00 plus $90.00 per acre, 150 acre minimum. VACATION OF PLAT: $720.00 VARIANCE OF SUBDIVISION REGULATIONS: $900.00 ORDINANCE PAGE - 5 \373-23.003\005.ord SCHEDULE 3 TOWN OF WESTLAKE CONSTRUCTION INSPECTION FEE FOR SUBDIVISION IMPROVEMENTS 1. CONSTRUCTION INSPECTIONS: The inspection fee will be Six percent (6%) of certified construction costs of the land development (including, but not limited to, public and private improvements such as streets and roads, drainage, parking lots, fire water systems, site grading, etc. but not including building construction) for Subdivisions or Resubdivision. Inspection fees are to be paid half of estimated amount upon approval of Final Plat or Site Plan and the balance based upon certified construction costs before work commences. The construction inspection fee is in addition to any other fees listed herein. ORDINANCE PAGE - 6 \373-23.003\005.ord