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Ord 638 Amending Chapter 82 Regulating Platting Subdividing of landTOWN OF WESTLAKE ORDINANCE NO. 638 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS ("TOWN"), AMENDING CHAPTER 82 SUBDIVISIONS SECTIONS 82-41 AND 82-184 OF THE WESTLAKE CODE OF ORDINANCES, REGULATING PLATTINQ SUBDIVIDING OF LAND, AND DEVELOPMENT OF PROPERTY WITHIN THE TOWN; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, is a General Law Municipality located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town Council finds that the regulation of platting, subdividing of land, and development of property within the Town is necessary in order to protect the health safety and welfare of the citizens and visitors of the Town of Westlake; and WHEREAS, the Town Council deems it advisable to amend the current regulations to more accurately address changing development practices and governmental administrative structure; and WHEREAS, the Town Council fords and declares that the regulations contained herein are in the best interest of the public health, safety and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTIONl: THAT, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION2: THAT, Chapter 82 of the Town of Westlake Code of Ordinances is hereby amended as follows: Chapter 82 SUBDIVISIONS' All sections except 82-41 and 82-184 remain unchanged. Sec. 82-41. Amended plats, replats, resubdivision and vacation of plats. Ordinance 638 Page 1 of (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 except as allowed elsewhere in this chapter. (b) Filing time. The time required to review and process a replat or resubdivision of a plat shall be a maximum of 30 days. Replats or resubdivisions shall be filed with the town engineer a minimum of 21 days prior to the meeting of the commission at which time approval is to be requested. Replats or resubdivisions shall show or be accompanied by the information that is required for preliminary plats or final plats, whichever is applicable. Replats or resubdivisions shall not be docketed for consideration unless the requirements of this chapter are met. (c) Amending plats far technical reasons. (1) Technical plat amendments. The Town Manager or his/her designee may, upon petition of the property owner or developer, administratively approve and issue an amending plat which is signed by the applicants for one or more of the purposes set forth in this subsection. 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, easement descriptions, 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: 1. Attempt to remove recorded covenants or restrictions; or Ordinance 638 Page 2 of 7 2. Increase the number of lots. (2) Procedures. Amending plats for technical reasons may be approved by the Town Manager or his/her designee 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 planning and zoning 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 planning and zoning commission. (5) Government initiated plat vacation. The board, on its motion, may vacate the plat of an approved subdivision or addition when no lots within the approved final plat have been sold or developed upon within five years from the date that the plat was signed by the mayor. See. 82-184. Private streets. Subdivisions may be developed with private streets instead of public streets if the development complies with the requirements of this section and the subdivision has received a specific use permit for a private street development. Variances to these requirements shall not be permitted. (1) 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: a. Thoroughfare Plan; b. Driveway access standards; c. Engineering design guidelines and construction standards and details; and d. Street naming and addressing policy. (2) Streets excluded. Streets shown on the Thoroughfare Plan shall not be used, maintained or constructed as private streets. Also, the planning and zoning commission may deny the creation of any other private street if, in the commission's judgment, the private street would: Ordinance 638 Page 3 of 7 a. Negatively affect traffic circulation on public streets; b. Impair access to property either on site or off site to the subdivision, c. Impair access to or from public facilities including schools, parks and libraries; or d. Delay the response time of emergency vehicles. (3) 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 chapter and other applicable town ordinance provisions. 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. (4) Private street lot. Private streets must be constructed within a separate lot owned by the property owners association. These lots must conform to the town's standards for public street rights-of-way. An easement covering the street lots shall be granted to the town providing unrestricted use of the property for utilities and the maintenance of the property. This right shall extend to all utility providers including telecommunications companies and emergency services operating within the town. The easement shall also provide the town with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the town to remove any vehicle or obstacle within a street lot that impairs emergency access. (5) Construction and maintenance cost. The town shall not pay for any portion of the cost of constructing or maintaining a private street. (6) 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. (7) 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 ensure emergency access. (8) Access restrictions. The entrances to all private streets must be marked with a sign stating that it is a private street. Guardhouses, access control gates and cross -arms may be constructed provided the Planned Development or Site Plan for that particular sub -division specifically permitted controlled access, or a current and valid Access Control License has been obtained from the Town of Westlake. Failure to maintain a current and valid Access Control License is not a violation of this section provided the gates or access control devices are locked in an open Ordinance 638 Page 4 of 7 position. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the town emergency vehicles and other utility service providers with appropriate identification. If the association fails to maintain reliable access as required to provide town services, the town may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this subsection which may not be amended without the written consent of the town. (9) Access restricted entrance design standards. Any private street which has an access control gate or cross -arm must have a minimum uninterrupted pavement width of 22 feet at the location of the access control device. if an overhead barrier is used, it must be a minimum of 14 feet in height above the road surface. All gates and cross -arms must be of a breakaway design or contain design features that will allow timely emergency access without damaging the gates in the event the opening mechanisms are inoperable. A turnaround space and vehicle stacking space must be located in front of any restricted access entrance to allow vehicles, which are denied access, to safely exit onto public streets without backing onto public streets. The turnaround design and the amount of stacking space required will be determined by the Town Engineer based on the number of residences being served by the entrance, the intended use of the entrance; such as the primary entrance/exit, secondary entrance/exit, or as an exit only; and any other factors affecting the safe use of the entrance/exit and or adjacent public roadways. (10) 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. (11) Petition to convert to public streets. The property owner's 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 guardhouses, access control devices, landscaping or other aesthetic amenities located within the street lot, The association documents shall provide for the town's right to such assessment. Those portions of the association documents pertaining to the subject matter contained in this subsection shall not be amended without the written consent of the town. (12) Hold harmless. There shall be a provision on the subdivision final plat whereby the property owners of the private streets and appurtenances agree to release, indemnify, defend and hold harmless the town and any governmental entity for: a. Damages to the private streets occasioned by the reasonable use of the private streets Ordinance 638 Page 5 of 7 by the town or other governmental entity; b. Damages and injury, including death, arising from the condition of such private streets; and c. Damages and injury, including death, arising out of the use by the town or governmental entity of any restricted access gate or entrance. Further, such provision shall provide that all lot owners shall release the town and other governmental entities for such damages and injuries. The indemnifications contained in this subsection apply regardless of whether or not such damages and injury, including death, are caused by the negligent act or omission of the town or governmental entity or their representative, officers, employees or agents. (13) Utility duet banks. The location of utility duct banks placed within the private streets or designated utility bank easements shall be located and installed to the town's Engineering Standards and shall be dedicated to the town prior to approval of the final plat or as part of the final plat. SECTION 3: CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4: SEVERABILITY CLAUSE It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5: PENALTY 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 more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: PUBLICATION The Town Secretary of the Town of Westlake, upon adoption by the Westlake Town Council, is hereby directed to publish the proposed ordinance by caption and, if this Ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the Town Secretary shall additionally publish this ordinance or its caption and penalty in the official Town newspaper one time within ten days after final passage of this Ordinance. Ordinance 638 Page 6 of 7 SECTION7: EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND AP :ROVED ON TRIS 19" DAY OF APRIL 2010. SOW N Opp Lau a Wheat, Mayor ATTEST. Kelly dwar , Town Secretary hornas E. r, T wn Manager APPROVED AS TO FORM: L. Stanton Ordinance 638 Page 7 of 7 THE STATE OF TEXAS COUNTY OF TARRANT I Pam No Pte , Office Manager of the Alliance Regional Newspapers of Bedford, Texas, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: Town o f G/eztiake 02d,bzance No.i 638 ,4/?2i i 28, 2010 Office Manager SUBSCRIBED AND SWORN TO before me on the 11th day of M a y , 2010 to certify which witness my hand and official seal. AMANDA HENSARLING My commission Expires OF Decemtaer 05, 2012 La NOTAL' PUBLIC, STATA OF TEXAS My Commission Expires: Mr Fc _' T Lake ridgeport DTIC �F iiVITI II 'TIIB 12.56 acre race of Guide Service PUBLIC HEARING TOWN, PROM - land situated in the SECTION 3, (940) 577-0363 Notice is hereby ING A PENALTY Coleman Boyd Sur- � PENALTY ° French or Swedish even that the CLAUSE; €�ROVID- vey, Abstract leo. Priv. personal Manning and Zoning INN A SAVINGS 225, Tarrant County, Any person, firm, or IIF Commission of the CLAUS ° PROVI - Texas and located in car�roration .who via 74Z 37-28 - City of Haslet Texas I F SEVER- the southwest cor- olates, disobeys, 7313 will hold a ublic ABILITY, PRO ID- ner of the intersec_ omits, neglects or SAY TURKEY hearing at 6:4 P.M. ING FOIk REPEAT- tions of F-MS, Hwy refuses to comply HUNT, on Monday, May 24, OF CONFLICTING 156 South and � with or who resists 'TomHeartsill 201Oand .,the City PROVISIONS; Avondale-Haslet the enforcement o Bosque254396-0512 Council will hold a PROVIDING A CLI- road. any of the provision 'SLiOT L'upsop �lt�txtl kLkA_1 -uzour; suollou lB hqr ,VVS l L0Z `qZ lljdV `4epsaupaM w