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Ord 512 Amending multiple Chapters of the Code of Ordinances TOWN OF WESTLAKE ORDINANCE NO. 512 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE WESTLAKE CODE OF ORDINANCES TO ESTABLISH THE JOB DUTIES OF THE TOWN MANAGER AND RELATED UPDATES; AMENDING CERTAIN OUTDATED AND CONFLICTING SECTIONS OF THE CODE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 1, 1999 the voters of the Town of Westlake voted to change the form of government of the Town of Westlake from an Aldermanic form of government defined in Chapter 22 of the Local Government Code to a City Manager form of government as defined in Chapter 25 of the Local Government Code; and the election was canvassed as reflected in Ordinance 327; and WHEREAS, the Code of Ordinances was amended to reflect the vote, but was never amended to reflect the job duties of the Town Manager and reporting responsibilities of Town staff in the City Manager form as required by Chapter 25 of the Local Government Code; and WHEREAS, Westlake has operated as a City Manager form of government since 1999 without the appropriate ordinances adopted by the Board of Aldermen to reflect the outcome of the 1999 vote and establish a clear reporting structure within the Town of Westlake organization; and WHEREAS, General Provisions of the Town of Westlake Code of Ordinances need several ministerial changes to reflect the governance structure adopted in 1999; and WHEREAS, the Board of Aldermen desire to clarify the Town's policies surrounding use of floodplain related to open space requirements. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 1 GENERAL PROVISIONS, Section 1-2. Definitions and rules of construction be amended to read: Board of Aldermen. The words Board of Aldermen shall mean the governing body of the Town of Westlake. Building official. The words "building official" shall mean the town engineer building official or his/her designee who is the administrative official responsible for issuing permits and enforcing the building codes of the town. Capital improvements program. The words "capital improvements program" shall mean a proposed schedule of future capital improvement projects proposed by the Town Manager in the annual budget and adopted by the Board of Aldermen listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Municipal/public domain property. The words "municipal/public domain property" shall mean and include Town Hall, Westlake Academy, public parks, public open space corridors, Corps of Engineers property, state rights-of-way, library, fire stations, water tower sites or similar properties. Officers, agencies. The words "ehief ofpaliee" other-wards designating of t offieef S, employees,empleyees, depaftmerits, beards, eenmiaissien - shall be eanstnaed to mean the chief of peliee or other sueh of4eef s, departments,beards, eem i i Lgeneies, fespeetively, ef the to officers and agencies shall have the meanings defined elsewhere within this Code. On-site sewerage facilities. The words "on-site sewerage facilities" shall mean facilities acceptable to the Texas'`T�T Resetwee sGenser-vacie n Commission.on Environmental Quality and other regulatory agencies having jurisdiction over the treatment and disposal of wastewater on an individual lot and which do not require a waste discharge permit. On-site sewerage facilities include septic tanks, treatment tanks, drain fields, absorption beds, evapotranspiration beds and alternative treatment systems. State law references: Similar provisions,V.T.C.A., Local Government Code § 374.003. Town engineer. The words "town engineer" shall mean the person appointed by the Board e Aldermen Town Manager to perform the functions of the building offieial an&ef engineer for the town. Town landscape architect. The words "town landscape architect" shall mean the person appointed by the Beafd ef Aldeniqen Town Manager to perform the functions of the landscape architect for the town. Town Manager. The words "Town Manager" shall mean the person appointed by the Board of Aldermen to be the chief administrative officer of the town, responsible to the Board of Aldermen for the administration of all the affairs of the town. Town planner. The words "town planner" shall mean the person appointed by the Board of Alder-me Town Manager to perform the functions of planning officer of the town. Where the tEfm is used in this Code, it vAll include the town planner-'s designee-, Traffic engineer or transportation planner. The term "traffic engineer or transportation planner" shall mean the person appointed by the Town Manager to perform the functions of the traffic engineer or transportation planner of the town. SECTION 3: That Sec. 1-19. Authority to issue citations be amended to read: The Board of Aldermen authorizes the Town Manager to direct the s building official, building inspectors, code enforcement officers,aftd officers of the Town of Westlake Trophy Club/Westlake Department of Public Safety, and any agencies duly contracted by the Board of Aldermen to perform enforcement related duties to issue citations on any violations of the ordinances of the town. SECTION 4: That Chapter 2, Sec. 2-31 be amended to read: Sec. 2-31. Consent required to engage attorneys or consultants. The mer Town Manager shall not engage, or purport to engage, directly or indirectly, any attorneys or other consultants to represent the town in any matter without the prior consent of the Board of Aldermen. SECTION S: That Chapter 2, Section 2-181 FEES AND USE SCHEDULE be amended to read: FEESCHEDULE ZONING CHANGE APPLICATIONS 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 the town consultants at the request of the Town Manager. Fee: $400.00 Straight zoning change: This includes review of the application, site visits, meetings with the applicant and recommendations to the planning and zoning commission as well as published notifications and public hearings. Fee: $1,800.00 plus $90.00 per acre; $40,000.00 maximum (less fee paid for pre-application conference). Planned development district: This includes review of the application, site visits, meetings with the applicant and recommendations to the planning and zoning commission as well as published notifications and public hearings. Applications will be required to seek approval of conceptual site plans (for 66 percent of the fee), and comprehensive site plans (for the remaining 34 percent of the fee) in a two-stepped process. Fee: $1,800.00 plus $90.00 per acre (less fee paid for pre-application conference). Specific use permit. This includes review of the application, site visits, meeting with the applicant and recommendations to the planning and zoning commission and all public notifications. Fee: $1,800.00. Amendments to approved site plans: This includes review and approval of the town planner; in VV1l„Atafi V, with the+Vwi1 a-Ho,nen and the town engineer. manager and/or his designee(s). If the request exceeds the legal authority ability sof the town pler manager and/or his designee(s) to grant the site plan revision, the application may be converted to a full zoning application with payment of the balance of a full application fee. SECTION 6: That DIVISION 2. PROCEDURES, be amended to read Sec. 2-51. Agenda items. agenda,The mayef shall iiielude on any posted regular, called of speeial meeting, �y tem,, � este b —affy alde,fna,. The mayor or any member of the board may notify the 1411 iLV111 Town Manager and town secretary of any items requested to be on the agenda. The Town Manager will be responsible for placing all other items on each agenda and providing necessary backup for each agenda item. The town secretary will assemble and distribute agenda backup materials prepared by the Town Manager prior to each board meeting. SECTION 7: That Chapter 14 ANIMALS be amended to read: Sec. 14-41. Enforcement. Animal control officers, contracted with the town via!he T-r-ephy C' tlake Depai#nnent Ai Publie Safety, or other designees of the Town Manager shall be the enforcement officials for this article. These officials, along with police officers, shall have the authority to act on behalf of the town in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this article. It shall be a violation of this article to interfere with any animal control officer or other enforcement official in the performance of his duties. SECTION 8: That Chapter 22 CIVIL EMERGENCIES be amended to read: Sec. 22-37. Commitment of funds. No person shall have the right to expend any public funds of the town in carrying out any emergency management activity authorized by this article without prior approval by the Board of Aldermen, nor shall any person have any right to bind the town by contract, agreement or otherwise without prior and specific approval of the Board of Aldermen unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the town and/or authorize the Town Manager to expend and/or commit public funds of the town when deemed prudent and necessary for the protection of health, life, or property. SECTION 9: That Chapter 26 COMMUNITY DEVELOPMENT be amended to read: Sec. 26-57. Governing body. (a) The Board of Aldermen, as the governing body of the town, shall have such authority as is consistent with state law, and the ordinances of the town, to initiate, undertake, and decide all legislative matters pertaining to the regulation of the use and development of land, which is the subject of the Unified Development Code, including but not limited to enactment or amendment of UDC provisions; approval, disapproval or modification of amendments to the zoning map; and authorization of planned developments and specific use permits. (b) If authorized in the UDC, the Board of Aldermen shall also have the authority to review and decide appeals from decisions of the commissions, boards, and administrative officers, or exceptions to the UDC otherwise authorized by these regulations in accordance with the procedures established in the UDC. (c) The Board of Aldermen shall appoint the Town Manager,who in turn, shall be held responsible to the Board of Aldermen for the execution of the laws and the administration of the government of the town. See. 26-571 Town Manager. (a) Appointment and qualifications: The Board of Aldermen shall appoint a Town Manager who shall be the chief administrative officer of the town, and shall be responsible to the Board of Aldermen for the administration of all the affairs of the town. The Town Manager shall be chosen by the Board of Aldermen solely on the basis of his or her executive and administrative training, experience and ability; and need not,when appointed, be a resident of the Town of Westlake. filo member of the Board of Aldermen shall, during the time for which he or she is elected, and for one year thereafter, be appointed Town Manager. (b) Term and salary: The Town Manager shall receive compensation as may be fixed by the Board of Aldermen. The Board of Aldermen may enter into agreement establishing a term of service. The Town Manager may be removed at the will and pleasure of the Board of Aldermen by a vote of the majority of the entire board. The action of the Board of Aldermen in suspending or removing the Town Manager shall be final, it being the intention of this Ordinance to vest all authority and fix all responsibility of such suspension or removal, in the Board of Aldermen. (c) Duties of tire Town Manager. (1) Appoint and remove any employee of the town, except as otherwise provided by this Ordinance. (2) Prepare the budget annually and submit it to the Board of Aldermen, and be responsible for its administration after adoption. (3) Prepare and submit to the Board of Aldermen in the annual proposed budget, a complete report on the finances and administrative activities of the town for the preceding year. (4) Keep the Board of Aldermen advised of the financial condition and future needs of the town and make such recommendations as may seem desirable to the board. (5) Perform such duties as may be prescribed or may be required of him or her by the Board of Aldermen, not inconsistent with this ordinance. (6) Attend all meetings of the Board of Aldermen, except at the request of the board during executive sessions when the Town Manager is under discussion. He or she shall be notified of all special meetings of the board. State law references: Appointment of City Manager,V.T.C.A., Local Government Code §§ 25.026, 25.027, 25.028,25.029,25.051. Section 26.572 Board of Aldermen not to interfere in appointments. Neither the Board of Aldermen, nor any of its members, shall direct the appointment of any person to office by the Town Manager, or by any of his subordinates. Except for the purpose of inquiry, the Board of Aldermen and its members shall deal with the administrative services through the Town Manager, and neither the Board of Aldermen, nor any member thereof, shall give orders to any subordinate of the Town Manager, either publicly or privately. Sec. 26-62. Authority to initiate request. (a)All platting, zoning and site plan requests, and/or requests to amend the Comprehensive Plan or the Thoroughfare Plan may be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or the Board of Aldermen may direct the *o.,,., ,-,latuief Town Manager or his designee to initiate such a request on behalf of the town. Omit Section (b) (b) Amendments to the-, text of-the Unified Delvelopment Code shall be initia4ed only by ae4ien 1 t�n1F .F�1 a t by I planner's rate own iniiiafiNe. (UDC 1994, t TT § til Sec. 26-92. Notice of intent to suspend or revoke, Before suspension or revocation of any permit or authorization pursuant to this division, the building official or town plan e , or designee, may give notice of the intent to suspend or revoke such permit or authorization, which notice may specify a reasonable time for compliance with the UDC. If notice of intent is given, suspension or revocation may not occur before the time for compliance has expired. Sec. 26-93. Suspension or revocation of permit. (a) When the town determines that a permit has been issued in error or on the basis of incorrect information, or that there has been noncompliance with the provisions of the UDC, the Town Manager or his designeeplanner-may suspend the permit or license pending compliance with the UDC. The Town Manager building o ffieia or-+o•,.,, ,..'.,,,.,e, or his designee may revoke a permit if compliance is not achieved within a reasonable period of time. (c) A permit or certificate of occupancy may be immediately revoked by the Town Manager or his designee building official or the town plan of or designee when and if additional noncompliance with the UDC occurs after the permit has been suspended. Sec. 26-94. Suspension or revocation of permits conditioned by a variance or special exception. (a) When it is determined that there is a failure to comply with any term, condition or requirement of a variance or special exception,the Town Manager or his designee ung offieiaor-lawf planner„r thee. designees may suspend any permits pending. Sec. 26-95. Suspension and revocation of site plan, specific use permit or subdivision construction/engineering plan. (a) When the town determines that a subdivision construction plan has been approved in error or on the basis of incorrect information, or that there has been a failure to comply with the provision of the Unified Development Code,the Town Manager or his designee bung offieia or+o.,,,., planner- er designee may suspend the approval of the subdivision construction/engineering plan until there is compliance with the UDC. The Town Manager building ing a ffleia or+ewn ri ffime or his designee may revoke the approval of the subdivision construction/engineering plan if compliance is not achieved within a reasonable time. Sec. 26-96. Suspension and revocation of certificate of occupancy. (a) When the Town Manager building off or his designee determines that a certificate of occupancy has been issued in error or on the basis of incorrect information or that the building or structure is in violation of any ordinance or regulation., the Town Manager building effi or his designee may suspend the certificate of occupancy until there is compliance with all ordinances and regulations. The Town Manager building offi or his designee may revoke a certificate of occupancy if compliance is not achieved within a reasonable time. SECTION 10; That Chapter 30 COURTS be amended to read: DIVISION 3. BUILDING SECURITY FUND Sec. 30-77. Fee established; collection; use of funds. (d) The municipal court building security fund shall be administered by municipal court clerk under the direction of the Town Manager^r un-delf a—e di-eetia,, of Board of Aldefmen through the adoption of the annual budget by the under-the dire,tie of the Board of Aldennen. SECTION 11: That Chapter 36 ENGINEERING STANDARDS be amended to read: Sec. 36-14. Partial acceptance. The town may accept any part of any improvement prior to the completion and acceptance of the entire improvement when approved by the Town Manager engine . Sec. 36-42. Classification of streets. (a) The town recognizes the following classifications of public streets: • Freeway • Major Boulevard Arterial (165' average ROW) • Minor Arterial (120' ROW) • Major Collector(106' ROW) • Minor Collector(90' ROW) • Local (60' ROW) A description of these classifications are given in the Town of Westlake Thoroughfare Plan. (b) Typical cross-sections of street classifications are illustrated in the Thoroughfare Plan. (c) Please note that when swales or roadside ditches on either side of the paved road are used for drainage the right-of-way shall be wide enough to contain the swales; due to this, additional right-of-way may be required in some cases as determined by the Town Manager engineer and approved by the Board of Aldermen. (d) Right-of-way may vary by an additional 15 feet to reflect variations due to topography of the area, intersection design and whether a hike and bike trail runs parallel to the roadway system. See. 36-73. Policies. (c) Swales and other open channels. 6) The following criteria shall be used in determining the nature of the open channel: b. For channels with a contributing drainage area of less than 320 acres: 3. Improved channels may be lined if the design velocity is greater than six feet per second. Linings shall consist of natural stone. Alternatives must be subject to approval of the Town Manager or his designee. nee (d) Closed conduit systems. (2) Headwalls and erosion protection shall be constructed at the outfall of all storm sewer systems where allowed, and shall be faced with natural stone or as approved by the Town Manager or his designee. planner. Sec. 36-74. Design standards of closed conduit system. (a) General provisions. Drainage and storm sewer systems shall be designed and constructed in conformance with the provisions of the North Central Texas Council of Governments Standard Specifications with the following additions: (1) The use of"valley gutters" or unusually warped pavement sections to convey stormwater runoff across a street intersection is prohibited unless otherwise approved by the Town engineer Manager or his designee. (3) If approved by the Town Manager engineer or his designee,the developer may provide, at his own expense, a right-of-way easement of sufficient width to permit excavation and maintenance of an open channel of satisfactory depth and width. The developer shall complete all necessary excavation on the channel and shall install erosion control geotextile fabric, (if necessary) which does not deteriorate rapidly and permits or promotes the growth of grasses or sod. Any fabric meeting those requirements may be considered, if approved by the town engineer. Unless the excavated channel bottom is in Austin chalk, limestone, or other similar acceptable rock, erosion protection shall be required by the town to prevent erosion. All weather driveway access shall be provided to the channel bottom with adequate surface texture to insure tire traction for maintenance vehicles. Location and type of construction of open channels shall be approved by the Town Manager engineer or his designee. (4) Natural creeks shall remain in open natural condition when possible. Excavated channels shall be landscaped with flood compatible vegetation. Trees shall be provided along both sides of the channel at a minimum ratio of one tree for every 40 feet of length of channel/drainage way. Shrubs and ground cover should be incorporated into the landscaping design for this portion of the drainage way. Within this landscaped area, all headwalls for either pipe or box culverts shall be faced with ter-b-iek eT stone. The Manager engineer- or-his designee and approval by the Beaf d of . Unless the floodplain is dedicated to and accepted by the town, maintenance shall be performed by a landowner's or a homeowner's association where an owner's agreement has been approved by the Board of Aldermen during the subdivision plat approval process. Areas of floodplain dedicated to and approved by the town via approval of a subdivision plat, but not yet improved in compliance with the trail plan of the Town, must be maintained by a landowner's or a homeowner's association until such time as the trail is improved and open for public use. OMIT Section (6) (6) The area of the !00 Yeaf flea dplain shall be dedieated to the town in-Aeve--A-:-Pd;4 n r-P, subsection 82_303(,0 efthis Code (9) Other innovative drainage concepts shall be considered by the board of alderman if recommended by the Town Manager enginee or his designee. Sec. 36-75. Construction standards. 69 Miscellaneous appurtenances. 5) Stone faced headn1alls. Headwalls constructed in public road rights-of-way shall have stone facing unless otherwise approved by the Town Manager mor his designee. Safety grates shall be provided on all storm sewers above 24 inches in diameter. Sloped headwalls (in conformance with AASHTO standards)using stone facing over a concrete base shall be encouraged, where appropriate, for pipe culverts. Stone facings are required on box culverts and other drainage structures unless otherwise approved by the Town Manager engineen or his designee. 9) Where slope erosion protection is needed for the side slopes of a pond, rock or geotextiles are required as approved by the Town Manager or his designee. !a-ndseape ar-ehiteet and engineer-, Exposed concrete surfaces shall be faced with embedded rock or masonry. Bare concrete shall only be permitted with the express written permission of the Board of Aldermen. Side slopes should be no steeper than 4:1 where feasible for reasons of public safety and maintenance. Sec. 36-101. General requirements. (i) Fire protection. The town will review all plans and specifications of all proposed commercial and residential developments in the town and will determine whether or not adequate fire protection may be afforded the building or buildings situated or proposed to be situated on such property with existing or proposed fire hydrants and water lines. If, in the opinion of town, adequate fire protection requires additional fire hydrants and water lines to serve proposed developments, the Town Manager or his designee enginoo shall direct the owner of the property, in writing, to locate at pre-designated positions on the property a fire hydrant or hydrants and adequate water lines to provide adequate fire protection at the owner's own expense. The location and number of fire hydrants and water lines shall be situated as to afford adequate fire protection to all buildings located or proposed to be located on the property. Such installation to be completed in such reasonable period of time as the fire chief may direct SECTION 12: That Chapter 38 FIRE PREVENTION AND PROTECTION be amended to read: ARTICLE III. FIRE/RESCUE DEPARTMENT Sec. 38-61. Created and established. There is created and established the Westlake Department of Public Safety Fir-e/� ese , consisting of fire companies, the DPS director who will serve as the town's fire chief, ambulance companies and any assistant engineers. The DPS director mei and members shall be appointed by the Town Manager. in . Sec. 38-62. DPS director Fifehiei; control; duties. The DPS director firp,-^Pi,-shall have the control, subject to the order and direction of the Town Manager, of the department of public safety fire depa A ent and all fire an emergency apparatus belonging to the town. The DPS director Fffe ehie=shall also function as oversee the town's fire marshal duties; administering the town's fire code and perform gfire and arson investigation duties as necessary, and oversee the contracting of these services to other agencies as recommended by the Town Manager and approved by the Board of Alderman. Sec. 38-63. Officer in command. In case of fire,the DPS director mei and his assistants shall rank in the order named and the officer of the highest rank at the fire shall take command of the fire department, and direct the management thereof for the suppression of the fire, in the best manner possible; and when it may be necessary for the protection of other property and to prevent the spread of the conflagration, the officer in command may cause buildings to be removed, torn down or destroyed in the best manner possible. Sec. 38-64. Emergency ambulance service. (g) Private ambulance service in the town will only be allowed upon the issuance of a permit through the DPS director F:,.e Gh_ie f o f Westlake. based on the recommendation of the Town Manager and approved by the board of alderman. Private ambulance companies will be restricted to the non-emergency calls, transfers, removing of deceased persons, sick calls of a non-emergency nature. This section excludes all mortuaries from requiring the permit requirement. (h) This article will authorize the DPS director ref to permit a private ambulance company to respond to emergency calls only if the town ambulance or mutual aid ambulance is not available for the call. See. 38-67. Rendering aid outside corporate limits. Members of the department of public safety fffe depaArn are authorized to go outside the corporate limits of the town for the purpose of rendering aid to other fire departments, or of extinguishing fires or rendering aid in the case of accidents. Provided, that the fire department shall not render such service outside the corporate limits excepting upon orders of the Town Manager fife ehiefi,the assistan4 e , excepting that where the town has undertaken by contract to render service to property outside the corporate limits the fire department may leave the corporate limits in the fulfillment of such contract. SECTION 13: That Chapter 42 FLOODS be amended to read: Sec. 42-37. Floodplain development permit procedures. (b) Application. Application for a floodplain development permit shall be presented to the Town Manager or his designee engineer on forms furnished by him/her and shall include but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the proposed landscape alterations, existing and proposed structures in relation to areas of special flood hazard, provided that all application for such development comply with the requirements of Section 82-303. Additionally, the following information is required: (1) A permit is required for all proposed development including single structures in any area of special flood hazard. Any development in a floodplain will comply with the floodplain regulations and provisions of Section 82-303. Vegetation shall not be removed or injured within the special flood hazard area without written authorization in advance from the Town Manager or his designee engineer-, which may be granted if the request is in conformance with a landscape plan approved by the town; or as a result of routine maintenance of the vegetation such as trimming or cutting designed to maintain the healthy or attractive growth of the vegetation, or as a result of routine maintenance of the area in order to maintain the floodwater conveyance capacity of the floodplain performed; (c) Approval or denial. Approval or denial of a floodplain development permit by the Town Manager or his designee eiigineer shall be based on all of the provisions of this article and Section 82-303 and the following relevant factors: Sec. 42-38. Provisions for flood hazard reduction. (1) New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to not less than two feet above the base flood elevation, taking into account the effects of full development of the watershed. A registered surveyor shall submit a certification to the building official and town engineer that this standard has been met. A record of such certification which includes the specific elevation (in relation to mean sea level)to which such structures are flood- proofed shall be maintained by the building official and town engineer. (b) Maintenance of record. The building official and town engineer shall maintain a record of all variances to the requirements of this article and shall report such variances, upon request, to the Federal Emergency Management Agency. SECTION 14: That Chapter 50, MANUFACTURED HOMES AND TRAILERS be amended to read: Sec. 50-3. Exemptions. (c) The provisions of section 50-2 shall have no application to those mobile homes heuse tis which are placed on a lot to be used as a temporary residence, not to exceed 12 months after the burning or an act of God of the permanent residence on lots, such destruction to be to the extent that such permanent residence is rendered uninhabitable, and such temporary use of a mobile home house traile shall be only after approval of the board of aldermen. (d) The provisions of section 50-2 shall have no application to those mobile homes house mailers to be placed on a lot to be used as a temporary residence, not to exceed one year, for the sole purpose of construction of a new house; provided the applicant provides the board of aldermen with proof of commitment for construction. The temporary use of a mobile home shall be only after approval of the board of aldermen. SECTION 15: That Chapter 66 SECONDHAND GOOD be amended to read: ARTICLE 11. JUNK AND SCRAP BUSINESSES Sec. 66-32. Penalty. Any person who shall violate any of the provisions of this article, or shall fail to comply with this article or with any of the requirements thereof, shall be deemed guilty of a misdemeanor, and any such person upon receipt of written notice from the Town Manager or his designee�yor f the- ta specifying such person's violation of or failure to comply with this article shall be liable to a fine, and upon conviction of any violation shall be fined in accordance with the maximum penalty established by state law. ,any su of not m e fe Ain $500,00. SECTION 16: That Chapter 82 SUBDIVISIONS be amended to read: Sec. 82-91. Unsuitable land conditions. 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 Manager ager, to solve the problems created by the unsuitable land conditions. Sec. 82-93. 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 Manager .planfler-er t:,w�r�giazeer. Sec. 82-301. General requirements. (d) Developer and engineer responsible far design. The requirements set forth in this section are considered minimum requirements. The developer and his/her engineer shall bear the total responsibility for the adequacy of design. The approval of the facilities by the Town Manager or his designee eaginee in no way relieves the developer of this responsibility. Sec. 82-302. Design. (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 Manager or his designee. engineer-4pen eenstdta4ion with Uho tov,.,'s !a-ndseape afeh teet 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 Manager or his designee engineer. Sec. 82-303. Dedication of drainage easements. (a) General requirements. When a subdivision or addition is traversed by a floodway as referenced by the current panel numbers on the floodway and flood boundary map (FIRM maps) of FEMA, or other watercourse, drainageway, channel, or stream, a stormwater or drainage easement shall be required. The easement shall substantially conform to the natural line of the watercourse, and should be of such width and construction as will be adequate for the purpose; e.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 Manager or his designee 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 floodways, floodplains and open stormwater or drainageways 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 1,200-foot spacing along streets, however, greater intervals may be approved by the Town Manager or his designee engifiec to preserve trees. The location and size of the access easement shall be determined by the Town Manager or his designee engineer. The minimum width of the access easement parallel to the drainage course shall be 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. Sec. 82-305. Plans, specifications; 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 Manager or his designee in ansu4ta4ien with the landseape afehitev,4 . Sec. 82-413. Limitation and exceptions. Notwithstanding section 82-412,the town shall not participate in the following costs: (1) Those portions of the costs of any public improvements not expressly described in section 82-412. (2) Costs of constructing streets built wider than called for in the Thoroughfare Plan. (3) Costs of street lights, decorative finishes or other similar expenses,unless required by the Town Manager engineer and not attributable to the subdivision. (4) Costs of retention/detention ponds or slope protection. (5) When reimbursing the property owner or developer pursuant to this article,the town shall pay a maximum of 12 percent 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, geotechnical investigations, quality controls or other construction costs. Sec. 82-414. 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,V.T.C.A., Local Government Code ch. 252. (b) Town Manager e�determination. The Town Manager engineer shall determine the town's participation in the cost of public improvements, in accordance with the criteria in sections 82-411 through 82-413. Sec. 82-415. Escrow policies, procedures. (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 months or, if none exist, then current market value of construction as determined by an estimate by the Town Manager engiaeer. The determination shall be made as of the time the escrow is due. SECTION 17: That Chapter 90 TRAFFIC AND VEHICLES be amended to read: Sec. 90-78. Alteration of maximum speed limit. Upon the basis of an engineering and traffic investigation made as authorized by the provisions of V.T.C.A., Transportation Code § 545.356,the Town Manager shall direct the town traffic engineer or transportation planner to�hA determine the reasonable and safe maximum speed limits for each street within the corporate limits of the town and submit recommendations based on his/her findings kwestigatien to the Board of Alderman for approval. Sec. 90-97. Prohibited parking of certain vehicles. (a) It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, camper cabin, motor home,recreational vehicle or trailer upon any public street, alley or other public right-of-way located within the town with a roadway paving of less than 38 feet in width. (b) All public and private roadways are considered emergency and public service access and, as such, must maintain 22 feet of clearance for emergency access and public service access. (c) This prohibition shall not be applicable to any motor vehicle being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. Sec. 90-137. Maximum weight generally. (c) The load limits established by this section shall be posted by appropriate signs within the town by the Town Manager or his designee town traffie engineef or-tr-anspeftation planner-E) his/her designated ,epr-e.,,,f,fafive prior to the enforcement of any of the provision of this section. SECTION 18: That Chapter 102 ZONING be amended to read: Sec. 102-154. Residential parking. For lots less than five acres the following provisions shall apply: (1) Storage of vehicles. On lots less than five acres,trailers, motor homes, trucks, travel trailers, camper cabins, motorcycles, boats, farm machinery, or similar equipment, shall not be parked or stored on any residential or agricultural lot or the adjacent street except when in conformance with one of the following provisions: a. Such equipment shall be wholly contained in an enclosed garage or carport; or b. Such equipment shall be screened from view of public rights-of-way and adjoining properties. Equipment taller than eight feet above grade shall respect the building setback lines. If located on a lot which is less than two acres, it shall be parked on an approved driveway. (2) Loading and unloading. Notwithstanding other requirements of this section, such equipment may be parked anywhere on a residential, agricultural or commercial premises not to exceed 72 continuous hours for the purpose of loading and unloading only. (3) Living or sleeping. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on any lot for more than ten consecutive days. Sec. 102-155. Off-street parking requirements. FIGURE 3 PARKING REQUIREMENT SCHEDULE TABLE INSET: Permitted Use Proposed Requirement AGRICULTURAL USES Orchard No requirement Plant nursery (growing) No requirement Plant nursery (retail sales) I for each 200 square feet, and 1 for each 2,000 square feet of site area Farms general (crops) No requirement Farms general (livestock, ranch) 1 for each 200 square feet of office space Veterinarian (no hospital or clinic) 1 for each 300 square feet Stables (private, principal use) 1 for each 2 stalls Stables (private, accessory use) No requirement Stables (as a business) 1 for each 2 stalls RESIDENTIAL USES Single-family detached 2 for each dwelling unit Single-family zero lot line 2 for each dwelling unit Single-family attached 2 for each dwelling unit Duplex 2 for each dwelling unit Servants/caretakers quarters 1 for each bedroom INSTITUTIONAL AND GOVERNMENTAL USES Emergency ambulance service 1 for each 300 square feet and 1 for each 750 square feet of site area Post office (governmental) I for each 300 square feet and customer service area, plus 1 for each vehicle maintained at the facility, 5 minimum Mailing service (private) 1 for each 300 square feet Heliport As determined by the Town Manager Helistop As determined by the Town Manager Telephone switching station 1 space Electrical substation 1 space Utility shop and storage 1 space for each 2,000 square feet of site area Sewage pumping station 1 space Retirement home 1 for each bedroom Nursing/convalescent home I for each bedroom, and I for each employee on the largest shift Hospice I for each 6 beds, and 1 for each employee on the largest shift Hospital - Acute 1 for each bed Hospital -Chronic 1 for each 6 beds, and 1 for each employee on the largest shift Psychiatric hospital 1 for each 6 beds Clinic/medical or dental office 1 for each 150 square feet Child daycare (7 or more) 1 for each 10 pupils, plus 1 for each staff member; and a safe area for drop-off and pick-up of pupils School, elementary (public or private) 1 for each 25 students School, junior (public or private) 1 for each 18 students School, high (public or private) i for each 5 students School (vocational) 1 for each student College or university 1 for each 4 day students Community center 1 for each 200 square feet Civic club I for each 200 square feet Church or place of worship 1 for each 4 seats in the sanctuary or auditorium Government building 1 for each 300 square feet Police station As determined by the Town Manager Fire station As determined by the Town Manager Library 1 for each 350 square feet of public area COMMERCIAL USES Multifamily (apartments) 1 for each bedroom Offices (general) 1 for each 300 square feet Studio 1 for each 200 square feet Banks and financial institutions 1 for each 300 square feet; 5 stacking spaces for each drive-in unit Information processing 1 for each 200 square feet Hotel/motel with conferencing facility 1 for each guest room or residence unit Laundry/dry cleaning (< 3,000 s.f.) for each 300 square feet Laundry/dry cleaning (drop/pick) 1 for each 200 square feet Shoe repair 1 for each 200 square feet Beauty parlorlbarbershop 1 for each 200 square feet Clothing store 1 for each 200 square feet Quick copy/duplicating services 1 for each 200 square feet Personal services 1 for each 200 square feet Grocery 1 for each 200 square feet Convenience store 1 for each 200 square feet Service station 3 for each repair bay, and 1 for each employee Drug store 1 for each 200 square feet Variety store 1 for each 200 square feet Bakery sales 1 for each 200 square feet Stationary store 1 for each 200 square feet Antique shop 1 for each 200 square feet Art gallery 1 for each 500 square feet, 5 spaces minimum Hardware store 1 for each 200 square feet Sporting goods 1 for each 200 square feet Paint and wallpaper 1 for each 200 square feet Cloth store 1 for each 200 square feet Retail stores (General) 1 for each 200 square feet Restaurant/cafe 1 for each 100 square feet, 4 spaces minimum Auto/truck parts and accessories 1 for each 200 square feet Household furniture/appliances 1 for each 500 square feet AMUSEMENT/RECREATION 3 for each game court, 5 for each golf green, and 1 for Country club (private membership) each 250 square feet of assembly area; 25% of required parking may be on a pervious surface Golf course (public or private) 5 for each golf green Park or playground 1 for each 1,000 square feet of site area Noncommercial radio tower No requirement Race track operation 1 for each 4 seats, and 1 for each employee on the largest shift Recreation facility, health studio 3 for each game court, and 1 for each 200 square feet of remaining area AUTO SERVICES Truck/trailer rental 1 for each 200 square feet, 5 spaces minimum Auto body repair 1 for each 300 square feet Auto mechanical repair 3 for each service bay Quick lube/oil change 1 for each 200 square feet WHOLESALE TRADE Warehouse/storage (inside) 1 for each 1,000 square feet Warehouse/storage (outside) 1 for each 1,000 square feet Scrap/waste recycling collection and/or 1 for each 1,000 square feet or 1 for each 2 employees, storage whichever is greater Gas/chemical bulk storage 1 for each 2;000 square feet of site area Light manufacturing/assembly 1 for each 1,000 square feet or 1 for each 2 employees, whichever is greater Apparel manufacturing 1 for each 200 square feet Packaging and/or distribution 1 for each 2,000 square feet of site area or 1 for each 2 employees, whichever is greater Printing, engraving and related 1 for each 300 square feet or 1 for each 2 employees, reproductive services whichever is greater Distribution of books/other printed 1 for each 1,000 square feet or 1 for each 2 employees, material whichever is greater Machine shop 1 for each 1,000 square feet or 1 for each 2 employees, whichever is greater Welding shop 1 for each 500 square feet or 1 for each 2 employees, whichever is greater Temporary batching plant As determined by the Town Manager (UDC 1994, art. V1, § 5.1--5.3) Sec. 102-157. Off-street loading requirements. (c) Dumzpster trash receptacles. All driveways to trash receptacles shall be designed to accommodate the weight of a 56,000 gross vehicular weight(G.V.W.) sanitation truck. Lifting aprons shall be provided in front of each trash receptacle location to accommodate the front wheels of the sanitation truck. Access to the trash receptacle and lift apron shall be in a straight in manner, or other manner as approved by the Town Manager or his designee user. Trash receptacles shall not be located beneath any overhead utility line. DIVISION 2. PLANNED DEVELOPMENT DISTRICT PROCEDURES Sec. 102-266. Establishment of district and concept plan. (b) PD concept plan. A PD concept plan or, at the applicant's option, a PD development plan, shall be processed simultaneously with the zoning amendment application; and if the zoning amendment application is approved, the PD concept plan or PD development plan shall be incorporated as part of the PD Ordinance. The graphic depictions contained on a PD concept plan shall be considered as regulatory standards. Each PD concept plan shall be prepared on one or more standard sheets of sizes of 30 inches by 42 inches or 24 inches by36 inches and at an engineering scale of one inch equals 100 feet or larger. If multiple sheets are required, an overall plan shall be submitted as well (which may be to any scale). Unless waived by the board on recommendation of the Town Manager fir, each PD concept plan shall graphically depict the following: (1) A diagram or drawing of the boundaries of the proposed PD district; (2) Proposed and existing land uses by category (including, if applicable, proposed and existing land uses by category for any subareas to be developed within the PD district); (3) Proposed density by type of residential uses, including the maximum numbers of dwelling units for residential uses other than single-family detached and lot sizes for single-family detached; (4) Proposed estimated total floor area and floor area ratios by category of nonresidential uses,together with residential view analysis, if any; (5) Proposed configuration of public and private open space serving the development, showing the relationship to the town's Open Space Plan, including trail system and access points to the trail system, estimated dimensions and approximate area, and areas to be dedicated to the public or to a private maintenance organization, if known; (6) Proposed and existing thoroughfares, boulevards and large streets; (7) To the extent known for adjoining land, existing land uses (by zoning district), existing thoroughfares; and existing open space for such adjoining land; (8) Any amenities proposed for purposes of achieving density or intensity bonuses; and (9) A general plan for circulation of traffic and pedestrians within and external to the development, including designated points of access. (e) Traffic impact analysis. Prior to or simultaneous with submission of an application for the establishment of a PD district, the applicant shall submit to the Town Manager or his designee +,affie_engineer r trans..,,rtat;.-,,, planner a traffic impact analysis for the proposed PD district. The analysis must be approved by the board prior to or concurrently with the approval by the board of the PD district. The traffic analysis shall not be considered part of the PD concept plan or the PD Ordinance but may be used to condition the density or intensity of uses or the timing of development within the district based upon the existence of a supporting roadway network adequate to accommodate the traffic expected to be generated. The traffic impact analysis shall be updated with each PD site plan. (f) Complete application. No application for the establishment of a PD district shall be deemed to be filed with the town until the Town Manager peg has determined that the PD concept plan is complete, that the proposed PD district development standards have been identified, a traffic impact analysis has been submitted, and that the informational statement is complete. Fifteen copies of all such materials shall be submitted. Sec. 102-267. Development plans. If the board requires as a condition of establishing the PD district and approving a PD concept plan that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire development at one time or for individual phases of development. Each plan shall be submitted in 15 copies to the Town Manager or his designee seer-etar- . Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the Town Manager ,-.affl, engineer„r lfanspaFtafian , the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to commission action. (5) Updated traffic impact analysis. If deemed necessary by the Town Manager tfaffie : �-+,-ansp,,ftat a p'.,,, ief or if required by the PD Ordinance, the applicant for a proposed PD development plan shall submit an updated traffic impact analysis prior to action by the commission. The purpose of the updated analysis is to determine whether the traffic estimated to be generated by the development shown on the proposed PD development plan will necessitate specific on-site or adjacent traffic improvements (e.g., turn lanes, stacking lanes, signalization, etc.) and to determine whether conditions attached to the concept plan based on the original traffic impact analysis have been met. Sec. 102-268. PD site plans. (b) Submittal requirements. The following requirements apply to each application for PD site plan approval; (10) View analysis of height increase variance. If board approval of any height increase is being requested, the applicant shall prepare (at the request of the Town Manager planner) a view analysis of the impact of such requested variance on adjacent residential areas of the town. Sec. 102-269. Amendment of plans. (b) PIS site plans. PD site plans are not considered part of a PD Ordinance. Except as otherwise provided in this subsection, any amendment to an approved PD site plan must be approved by the commission. Notwithstanding the provisions of this subsection, however, minor modifications to any PD site plan may be approved by the Town Manager planne . If the Town Manager fir-believes that a request for minor modification entails a significant change in the site plan, he/she may refer the request to the commission for determination. A minor modification to a PD site plan is defined as any modification that does not: (1) Alter the basic relationship of proposed development to adjacent property; (2) Change the uses permitted; (3) Increase the maximum density,floor area, or height; (4) Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or (5) Reduce the minimum yards or setbacks. Sec. 102-317. Text amendments. (a) Purpose and authority. The Board of Aldermen may, from time to time, on its own motion, or by request of the planning and zoning commission or-the town plame manager, of the tow engi eei:, amend, supplement, or change the regulations established in this chapter. SECTION 19: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 20: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed the maximum fine established by State law for each separate offense, A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 13TH DAY OF NOVEMBER, 2006. ATTEST: {Ginger wt , Acting Town Secretar APPROVED AS TO FORM: Scott Bradley, Mayor Trent O. Petty, Town Man er