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Ord 125 Amending Comprehensive Zoning Ordinance of 1972ORDINANCE NO. /.R S— AN ORDINANCE OF THE TOWN OF WESTLAKE, AMENDING ORDINANCE NO. 49, COMPREHENSIVE ZONING ORDINANCE BY CHANGING THE PENALTY IN ARTICLE XV FROM $200 TO $100; REPEALING ORDINANCE NO. 77; AMENDING ORDINANCE NO. 87 BY CHANGING THE PENALTY IN ARTICLE IV FROM $200 TO $100; AMENDING ORDINANCE NO. 106 "SUBDIVISION ORDINANCE" REGARDING THE PLATTING AND APPROVAL OF PLATS: PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, HEREBY ORDAINS: SECTION I. That Ordinance No. 49, Article XV "Penalty of Violation" is hereby amended to read as follows: ARTICLE XV PENALTY OF VIOLATION "Any person, firm, association of persons, company or corporation, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance within the corporate limits of the Town of Westlake shall be punished by a fine not to exceed one hundred dollars ($100.00), and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such." SECTION II. That Ordinance No. 77 amending a portion of Article I, Section 4 "General Provisions" of Ordinance No. 49 is hereby repealed. Ordinance No. which amended Article I, Section 4 "General Provi- sions" of Ordinance No. 49 is still valid. SECTION III. That Ordinance No. 87, Article IV "Penalty" is hereby amended to read as follows: "Article IV. Penalty. "Any person, firm, association of persons, company or corporation, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance within the corporate limits of the Town of Westlake shall be punished by a fine not to exceed one hundred dollars ($100.00), and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such." SECTION IV. That Ordinance No. 106, the subdivision ordinance of the Town of Westlake, is hereby amended by amending the following sections so that such sections shall either be repealed or will hereafter read as follows: A.) Section IV. "Concept Approval" is hereby repealed. B.) Section V. "Preliminary Plat", Subsection 5.1 shall read as follows: "5.1. The subdivider shall file with the Town Secretary five (5) copies of a preliminary plat." C.) Section VI. "Preliminary Plat Procedure", Subsection 6.3 shall read as follows: "6.3. The Planning Commission shall either recommend approval of the preliminary plat to the Town Council and if such approval is subject to certain conditions, state such conditions; or recommend disapproval and state the reasons for such disapproval." D.) Section VI. "Preliminary Plat Procedure", Subsection 6.4 shall read as follows: "6.4. The Planning Commission shall submit its recommendations concerning said pre- liminary plat to the Town Council at the Council's next regular meeting." -2- E.) Section VI. "Preliminary Plat Procedure", Subsections 6.5 and 6.6 are hereby repealed. F.) Section VI. "Preliminary Plat Procedure", is amended by adding a new Subsection 6.5 which shall read as follows: "6.5. The Planning Commission may require the applicant to submit a Revised Preliminary Plat when substantial modifications are re- quired by the Commission relative to the street layout, block design or land use patterns of the original preliminary, or when a large number of changes are required in the engineering details. No Final Plat shall be accepted for processing until the Revised Preliminary Plat has been submitted and checked for compliance with the Commission's stipulations." Subsection 6.7 shall be renumbered as Subsection 6.6. G.) Section VII. "Final Plat", Subsection 7.1 shall read as follows: "7.1. The subdivider shall deliver four copies of the final plat, plus two linen tracings and two mounted copies of the plat to the Town Sec- retary at least twenty-one (21) days before the meeting of the Town Council at which approval is being requested. The two mounted copies and one linen tracing, if finally approved, will be signed by the proper authorities and returned to the subdivider. The final plat shall be drawn in ink and shall be at a scale of one hundred feet to one inch or larger. Where necessary, the plat may be on separate sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Council." H.) Section VIII. "Final Plat Approval" shall read as follows: "Section VIII. SUBMISSION OF FINAL PLAT "8.1. Within twelve (12) months after receiving approval of a preliminary plat by the Town Council, -3- the final plat and other exhibits required for for approval shall be submitted to the Town Council for approval. Failure to submit the final plat within said time period will be treated as an abandonment of the subdivision plans and will require the applicant to re- submit a preliminary plat and pay all required filing fees in order to obtain approval of a plat." I.). Section IX. "Design Standards", Subsection 9.29 shall read as follows: "9.29. As an alternative to the dedication of land as required by 9.28, the subdivider may contribute an amount in cash approved by the Town Council. Such cash payment shall be used for park purposes. "Where recommended by the Planning Commission and approved by the Council, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments not antici- pated in a Comprehensive Plan of the Town, the subdivider may be required to dedicate or reserve to the public such other areas or sites of a character, extent, and location suitable to the needs created by such development for school, park and other neighborhood purposes. It is hereby found and declared that, as a general rule, it is reasonable to require an amount of land equal in value to five percent of the land pro- posed to be subdivided be dedicated or reserved to the public for public use for parks and playgrounds." J.) Section XI. "Penalty" shall read as follows: "11.1. Any person, firm, association of per- sons, company or corporation, or their agents, servants or employees, who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance within the corporate limits of the Town of Westlake shall be punished -4- by a fine not to exceed one hundred dollars ($100.00), and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such." SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council of the Town of Westlake, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VII. That this ordinance shall become effective immediately upon its passage and approval by the Town Council. 91 PASSED AND APPROVED this the / a� da UL ay of , 1982. ATTEST: — " &4 -r-A Ger Whi e, Town Secretary Tow of Westlake, Texas APPROVED AS TO LEGAL FORM: LPasham, Town Attorney Town of Westlake, Texas Dale White, Mayor Town of Westlake, Texas -5-