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Ord 102 Regulating the prep and presentation of preliminary & final Plats establishing minimum subdivision design standardsN0. 202 AN ORDINANCE REGULATING THE SUBDIVISION OF LAND; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE; ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PRO- CEDURE TO BE FOLLOWED; AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ORDAINS: SECTION I. PURPOSE 1.1, This ordinance shall be known as the subdivision ordin- ance of the Town of Westlake. 1,2, The provision of this ordinance shall be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public such provisions are in- tended to provide for a permanently wholesome community environ- ment, adequate municipal services and safe streets. SECTION II, DEFINITIONS 2,1, For the purpose of this ordinance, certain words and terms are hereby defined as follows: 2.2. COMPREHENSIVE PLAN means a compilation of policy state- ments, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the Town and its environs. 2.3. DESIGN STANDARDS are the specifications to land owners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maxi- mum dimensions of such items as rights of way, blocks, easements and lots, 2.4. IMPROVEMENTS means the construction or installation of public or private utilities including, but not limited to, potable water, sanitary sewer systems, storm sewers, roads and other thorough- fares, sidewalks, curbs and gutters, paving, barricades, trees and other plantings, lighting, fuel or energy and the transmission there- of, transportation systems or facilities connected therewith and com- munication systems which are necessary, desirable or convenient in the maintenance of the health, safety, and the general welfare, 2,5. LOT is a parcel of land delineated upon and thereafter described by the reference to a plat, registered land survey or auditor's subdivision or other similar recorded document. 2,6, OPEN SPACE is an area set aside for recreation and the preservation of natural open spaces to counteract the effects of urban congestion and lack of esthetic values, 2,7, OWNER is any person, firm or corporation, or any other legal entity, or a combination of any of them, having sufficient legal proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance, 2,8. PARKS AND PLAYGROUNDS are public lands and open space in the town dedicated for and usable for recreation purposes, 2.9, PEDESTRIAN WAY is a public or private right of way with- in or across a block to provide access for pedestrians and which may be used for utilities, 2,10, PROTECTIVE COVENANTS are contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of a given area, 2,11, REQUIRED PUBLIC IMPROVEMENTS are defined as those im- provements in any proposed subdivision, including streets, water and sewer systems and storm water drainage systems, which are re- quired in connection with the approval of any plat or other sub- division, 2,12, STREETS means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated, 2,13. COLLECTOR STREETS are those which carry traffic from any minor street to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development, 2,14, SUBDIVISION shall mean that a subdivision of a parcel of land into two or more parcels; or any change in the property line or lines of a parcel, lot, or tract; also, the term includes resubdivision, -2- a reversion to acreage and, when appropriate to the context, shall relate to the process of subdividing or to the land to be subdivided. 2.15. MINOR STREETS are those which are used primarily for access to the abutting properties, SECTION III. APPLICATION 3,1. No person shall subdivide any tract of land except in con- formity with the provisions of this ordinance, 3.2. The Town Secretary shall not issue building or repair per- mits for any structure or parcel of land in subdivision unless: (1) such subdivision has been approved by the Town Council and a plat as approved by the Council has been recorded in the manner prescribed herein, or (2) an appropriate resolution authorizing such subdivision has been adopted by the Council. 3.3. All public improvements and maintenance of such improve- ments, including maintenance of streets and sanitary sewer facilities, will be withheld from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the Council as provided herein, 3.4. The subdivider shall pay a filing fee of $35.00 plus $2,00 per acre for every preliminary plat submitted for approval. The final plat review fee shall be $2.00 per lot. The subdivider shall pay to the Town of Westlake (in addition to the filing fee) an amount equal to the actual cost of investigating the requested subdivision, consultant fees, attorney's fees, publication costs, and expenses of the Town for other matters required by law and by these regulations in connection with the requested subdivision. SECTION IV. CONCEPT APPROVAL 4,1. Prior to the preparation of a preliminary plat, the sub- divider shall submit to the Town Secretary a sketch plan of their intended layout, a description of the proposed development, and such other information as may be requested. As soon as possible after receiving all the information needed, the Planning Commission shall determine whether or not the intended layout conforms satisfactorily -3- plat, its original name, and all revised or vacated roadways shall be shown by dotted or dashed lines, (5) Location and width and names of existing streets including type of surfacing and other public ways, parks and public open spaces, permanent buildings and structures and section and municipal boundary lines within the plat and to a distance of 100 feet beyond, railroads, sanitary sewers, water mains, storm sewers, culverts, grades, invert elevations and locations of catch basins, manholes and hydrants and any underground facilities within the plat and to a distance of 100 feet beyond shall be shown. (6) Boundary lines of land within 2S0 feet of the tract of land within the plat, and the name of the owner thereof, but including all contiguous land owned or controlled by the subdivider or owner of the tract proposed to be platted. (7) Topographic data within 100 feet of tract boundaries, in- cluding contours at vertical intervals of not more than 2 feet, ex- cept that where the horizontal contour interval is 100 feet or more, a one foot vertical interval shall be shown. Water courses, lakes, marshes, wooded areas, rock outcrops, and other significant physical features shall be shown, U.S. Geodetic survey datum shall be used for all topographic mapping. (8) A copy of restrictive covenants, if any, on all abutting land shall be filed with the preliminary plat, 5.4. The preliminary plat shall show design features including the following: (1) Layout of proposed streets, showing right of way width and proposed names of streets, (2) Locations and widths of alleys, pedestrian ways and utility easements, (3) Profiles of existing and proposed centerline grades of streets, alleys, sanitary sewers, water mains, storm sewers, drainage ditches and culverts. (4) Layouts of lots and blocks with numbers of each, square footage of lots and lot dimensions scaled to the nearest tenth of _S_ a foot, (S) Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area, (6) Minimum front and side yard building setback lines as required by the ordinances of the Town, (7) Proposed method of disposing of surface water drainage within and beyond the limits of the plat, (8) Whenever a portion of a tract of land is proposed for subdividing and said tract is large enough or is intended for future enlargement, a tentative plan for the future subdivisions of the entire tract shall be submitted to the Planning Commission, 5,5 The preliminary plat shall be accompanied by additional information requested by the Planning Commission or a Town Engineer including the following: (1) Statement of proposed use of lots, i.e., whether resi- dential, commercial, or combination thereof. If residential, state type and number of dwelling units, Furnish sufficient details for all types of usage in order to reveal the effect of the subdivision development on traffic, fire protection and density of population, (2) Source of water supply, (3) Facilities for sewage disposal, (4) If the zoning changes are contemplated, the proposed zoning plan for the area, (5) Soil tests, (6) In areas affected by inadequate surface drainage or sub- jected to periodic flooding, furnish proposals designed to make area safe for occupancy and to provide for adequate street and lot drainage. (7) Proposals for street lighting, curb, gutter, sidewalks, and boulevard improvements, (8) Such other information as shall be requested by the Plan- ning Commission or Town Engineer, to the requirements of the subdivision regulations and shall so advise the subdivider with whatever suggestions and information may be needed for his guidance in the preparation of the pre- liminary plan. SECTION V. PRELIMINARY PLAT 5.1, At least twenty-one days in advance of the Planning Com- mission review thereon, the subdivider shall file with the Town Secretary five copies of a preliminary plat. 5.2. The preliminary plat shall show: (1) Proposed name of subdivision, which name shall not dupli- cate nor be alike in pronunciation to the name of any plat thereto- fore recorded in the County wherein said land is situated. (2) Full legal description of the land involving said plat, (3) Names and addresses of the owner and subdivider of the land, and the designer and surveyor of said plat. If the subdivider is not the fee owner of the land, the subdivider shall submit the written consent of the fee owner to the filing of the preliminary plat, (4) Graphic scale of not less than one inch to one hundred feet, (5) North point, designated as true north. (6) Date of preparation, (7) Certification by registered surveyor certifying to accuracy of survey. 5.3. The preliminary plat shall show all existing conditions including: (1) Boundary line survey, including measured distances and angles, which shall be tied into the nearest quarter section or section line by traverse. (2) Total acreage, (3) Existing zoning classifications for tract of land in and abutting the preliminary plat. (4) If the preliminary plat is a re -arrangement or a re -plat of any recorded plat, the lot and block arrangement of the original -4- SECTION VI. PRELIMINARY PLAT PROCEDURE 6,1. Application shall be filed with the Town Secretary at which time the fee required herein shall be paid. In the event that the final plat does not conform substantially to the pre- liminary plat a new application together with payment of an addi- tional fee shall be required. 6.2, The Planning Commission shall review the proposed sub- division, 6.3, Following (a) review of the preliminary subdivision and other material submitted for conformity thereof to these regula- tions, and (b) negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Planning Commission shall, within thirty (30) days after the initial review, act thereon as submitted or modified, and if approved, the Planning Commission shall recommend Conditional Approval and state the conditions of such approval, if any, or if disapproved, shall recommend disapproval, giving reasons therefore, The Planning Commission shall note any action taken on two copies of the preliminary plat, referenced and attached to the conditions determined. One copy shall be returned to the subdivider and the other retained by the Town Secretary, 6,4, Following commission action, the preliminary plat shall be submitted to the town council at its next regular meeting for hearing and conditional approval, 6,5. Not less than ten nor more than 30 days in advance of the hearing the Town Secretary shall call a notice of such hearing to be published once in the official newspaper, stating both the legal description and the street location of the proposed subdivi- sion. 6.6, At the time and date specified in the notice of hearing all interested persons shall be heard, 6,7. Conditional approval of a preliminary subdivision shall not constitute approval of final subdivision. Rather it shall be deamed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat -7- which will be submitted for approval of the Town Council and for recording upon fullfillment of the requirements of these regula- tions and the conditions of the conditional approval. SECTION VII. FINAL PLAT 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 Secretary at least ten days before submitting the final plat to the Town Council for approval,. The two mounted copies and one linen tracing, if finally approved, will be signed by the pro- per authorities and returned to the subdivider, The final plat shall be drawn in ink and shall be at a scale of two 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 and contiguous sections satisfactory to the Councils. 7.2, The final plat shall be in conformance with the require- ments of State Statutes. 7,3, Reasonable evidence of title to the tract shall accompany the plat, SECTION VIII, FINAL PLAT APPROVAL. 8.1. Within twelve months after receiving conditional approval the final plat and other exhibits required for approval shall be submitted to the town council for final approval, Failure to sub- mit the final plat within said time will result in the submission being treated as an application for preliminary plat, SECTION IX, DESIGN STANDARDS 9.1. The arrangement, character, extent, width, grade, and location of all streets shall conform to a comprehensive plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed usage of the land to be served by such street, 9,2. Where such is not shown in a comprehensive plan of the town, the arrangement of streets in a subdivision shall either: (1) Provide for the continuation or appropriate projection of existing principal street in surrounding areas; or (2) Conform to a plan for the neighborhood approved or adopted by the town council to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. 9.3. Minor streets shall be so laid out that their use by through traffic will be discouraged. 9.4. Street jogs with center lines offsets of less than one hundred twenty-five feet shall be avoided, 9.S. A tangent at least one hundred feet long shall be in- troduced between reverse curves on collector streets and a tangent of at least fifty feet in length shall be introduced between re- verse curves and vertical curves on all other streets. 9.6. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than sixty degrees. 9,7, The location of all curve streets should be so arranged as to fit the natural topography as closely as possible and to make possible desirable land subdivisions and safe vehicluar traffic. 9.8. Terminal residential streets or cul-de-sacs should be platted not longer than 1320 feet unless topographical conditions make a longer street necessary to streets are prohibited, Reserve strips controlling access 9.9. A turnaround at the closed end of all terminal streets shall be provided with an outside roadway diameter of at least 80 feet and a street property line diameter of least 100 feet. 9,10. Street grades shall follow topography along the fol- lowing, with due allowance for reasonable vertical curves or de - suable maximum, and consent of the town council shall be required to exceed them: CF1' . STREET TYPE Collector Minor PERCENT GRADE 6% 0 10% 9,11. No street grade shall be less than 0,4%, 9.12. Private streets shall be permitted of narrower width than public streets where connection with a public street is pro- vided and utility easements adjacent to the right of way are pro- vided of sufficient width to total the width requirements for similar public streets. 9.13. Street right of way widths shall be as shown in the Comprehensive Plan and where not shown therein shall be not less than as follows: STREET TYPE Collector Street Minor Streets RIGHT OF WAY WIDTH 66 Feet SO Feet 9.14. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the Planning Commission finds it will be practicable to require the dedication of the other half street if adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. Roadways of street intersections shall be rounded by a radius of not less than 20 feet. 9,15, Names of new streets shall not duplicate existing or platted street names unless the new street is the continuation of, or in alignment with the existing or platted street. House numbers shall be assigned in accordance with the house numbering system now in effect in the Town, 9.16. Easements across lots or centered on rear or side lot lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line ease- ments and 20 feet wide for drainage, sewer or water easements, Underground utility installation may be required, especially along lot lines bordering on parks, schools, drainage basins, or open marshlands or other public grounds or natural features, -10- 9,17. Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or a drainage right of way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Par- allel streets or parkways may be required in connection therewith, 9.18. In addition to other open space dedication of easements to provide connection to public trails shall be required where shown on a Comprehensive Plan, 9,19. The lengths, widths, and shapes of blocks shall be de- termined with due regard to: (1) Provisions of adequate building sides suitable to the special needs of the type of use contemplated. (2) Needs for convenient access, circulation, control and safety of street traffic. (3) Limitations and opportunities of topography. 9.21. Block lengths shall not exceed 1800 feet or be less than 600 feet unless approved by the Planning Commission. Pro- visions for additional accessways to schools, parks and other public grounds may be required. 9.22. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, all to conform to the requirements of the zoning code. 9.23. Lot dimensions shall conform to the requirements of the Zoning Code. 9.24. Corner lots for residential use shall have a width to permit appropriate building setback from and orientation on both streets. 9.25. Each lot shall be provided with satisfactory access to an existing public street by means of a public or private street, 9,26. When finished, all subdivisions must have all block corners stakes replaced. Error of all surveys shall not be more than 1 in 7500. 9.27. Double frontage, and reverse frontage lots, shall be avoided except where essential to provide seperation of residen- tial development from traffic arteries or to overcome specific dis- advantages of topography and orientation. A planning screen ease- ment of at least 10 feet and across which there shall be no right of access, shall be provided along the line of lots abutting such traffic arterie or other disadvantageous use, 9.28. Side lot lines shall be substantually at right angles or radial to street lines. 9,29, Where a proposed park, playground, school or other public use shown in a comprehensive plan of the town is located in whole or in part in a subdivision, the Town Council may require the dedication or reservation of such area within the subdivision in those cases in which the town council deems such requirement to be reasonable, 9.30. As an alternative, the subdivider may contribute an amount in cash equivalent to the value of land required to be dedicated by this subdivision. The cash payments shall be used only for the acquisition of land for parks and playgrounds, Where recommended by the Planning Commission and approved by the Council, upon consideration of the particular type of develop- ment proposed in the subdivision, and especially in large scale neighborhood unit developments not anticipated 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 deve- lopment for school, park and other neighborhood purposes, It is hereby found and declared that, as a general rule, it is reason- able to require an amount of land equal in value to five percent of the land proposed to be subdiveded be dedicated or reserved to the public for public use for parks and playgrounds. 9.31. Areas within the jurisdiction of the town subject to -12- flood conditions as established by the Town Council or the water- shed district having jurisdiction will not be considered for sub- division purposes until adequate drainage has been provided, 9,32. The planting of trees, the type and the spacing on public property shall be subject to the regulations of the Council, No planting, gateways, entrances and similar improvements shall be made on public property except with permission and approval of the Council. 9,33. The varying size of lots, and the size of the subdivi- sion will have a direct bearing on the desirability of and the necessity for dedication of public sites and open spaces as well as the size of the parcel to be dedicated, The Town Council shall interpret these regulations in the light of the overall plan and pattern of park and open space development, SECTION X. REQUIRED IMPROVEMENTS 10.1, Prior to the granting of final approval the subdivider shall have installed the following: 10.2. Monuments shall be placed at all lot corners, block corners, angle points, points of curves and streets and at inter- mediate points as shall be required by the Town Engineer. The monuments shall be of such material, size and length as may be approved by the Town Engineer, 10.3, Streets shall be concrete unless the Council approves streets surfaced with hot mix asphalt concrete (County, Type 3 Street). Such construction shall be subject to inspection and approval of the Town Engineer, 10.4. Curbs, gutters, drainage, and drainage structures shall be provided in accordance with standards of the Town. Such con- struction shall be subject to the inspection and approval of the Town Engineer. 10.5. Street name signs shall be placed at all street inter- sections within or abutting the subdivision, Such signs shall be of a type approved by the Town and shall be placed in accordance -13- with the standards of the Town, 10,6. Each lot within the subdivision shall be provided with a connection to public sanitary sewer. All connections shall be subject to the approval of the Town Engineer, 10,7, Upon completion of installation of all required im- provements, the subdivider shall file with the Town Secretary a tracing and two copies of plans and specifications showing all improvements as finally constructed and installed, SECTION XI, PENALTY 11,1,. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed $100,00 or imprisonment not to exceed 90 days for each offense, or both. Each day that the vio- lation is permitted to exist shall constitute a separate offense, SECTION XII, SEVERABILITY 12,1, If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or for any reason invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION XIII, REPEALER 13.1, Any ordinance in confict hereof are hereby repealed, PASSED AND APPROVED this the S � day of 1978, ATTEST: TOWN SECRETA APPROVED AS TO LEGAL FORM: TOWN ATTORNEY TOWN HAYO-R -14-