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Ord 106 Regulating subdivision of land. Amended by 157NO. 106 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 VIO- LATION 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 icor 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 environment, 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 thoroughfares, sidewalks, curbs and gutters, paving, barricades, trees and other plantings, lighting, fuel or energy and the trans- mission thereof, transportation systems or facilities connected therewith and communication 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 -2- in the town dedicated for and usable for recreation purposes. 2.9. PEDESTRIAN WAY is a public or private right of way within 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 desig- nated. 2.13. COLLECTOR STREETS are those which carry traffic from any minor street to the major system of arterial streets and high- ways, including the principal entrance streets of a residential development and streets far circulation within such a development. 2.14. SUBDIVISION shall mean the division 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 re- -3- subdivision, 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 conformity with the provisions of this ordinance. 3.2. The Town Secretary shall not issue building or repair permits for any structure or parcel of land in a subdivision un- less, (1) the 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 auth- orizing 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 facil- ities, 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 -4- 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 subdivider shall submit to the Town Secretary a sketch plan of his 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 Commis- sion shall determine whether or not the intended layout conforms 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 prelimi- nary plat. SECTTON V. PRELIMINARY PLAT S.l. At least twenty-one days in advance of the Planning Commission 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 duplicate nor be alike in pronunciation to the name of any plat theretofore recorded in the County wherein said land is situated. plat. (2) Full legal description of the land involving said -5- (3) Names and addresses of the owner and subdivider of the land, and the designer and surveyor of said plat. If the sub- divider is not the fee owner of the land, the subdivider shall sub- mit the written consent of the fee owner to the filing of the pre- liminary plat. dred feet. (4) Graphic scale of not less than one inch to one hun- (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 survey corner by course and distance. (Z) Total acreage. (3) Existing zoning classifications for tract of land in and abutting the preliminary plat within a distance of 100 feet. (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 plat, its original name, and all revised or vacated road- ways shall be shown by dotted or dashed lines, (5) Location and width and names of existing streets roz including type of surfacing and other public ways, parks and public open spaces, permanent buildings and structures, and municipal boundary lines within the plat and to a distance of 100 feet beyond overhead and buried utility lines, railroads, sanitary sewers, water mains, storm sewers, culverts, invert elevations and locations of catch basins, manholes and hydrants and any other underground facilities within the plat and to a distance of 100 feet beyond. (6) Boundary lines of land within 100 feet of the tract of land within the plat, and the name of the owner thereof, 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 the tract boundaries, including contours at vertical intervals of not more than 2 feet, except that where the horizontal contour interval is 100 feet or more, a one foot vertical interval based on U.S. Geologic Survey datum. Water courses, lakes, marshes, wooded areas, rock outcrops, and other significant physical features. (8) A copy of restrictive covenants, if any, on all land included within the preliminary plat. 5.4. The preliminary plat shall show proposed design features including the following (1) Layout of the streets, showing right of way width typical cross section, and names of streets, -7- (2) Locations and widths of pedestrian ways, drainage and utility easements. (3) Location and centerline grades of streets, storm sewers, drainage ditches, culverts, and, if proposed, sanitary sewer and water mains. (4) Layouts of lots and blocks with numbers of each, square footage of lots and lot dimensions scaled to the nearest foot. (5) 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. (7) Method of disposing of surface water drainage with- in and beyond the limits of the plat. (8) Whenever a portion of a tract of land is proposed for subdividing and the remainder of the tract is intended for future subdivision, a tentative plan for the future subdivision of the entire tract. 5.5. The preliminary plat shall be accompanied by additional information as follows: (1) Statement of proposed use of lots, i.e., whether residential, commercial, or combination thereof. If residential, state type and number of dwelling units. Furnish sufficient de- tails 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 pro- posed zoning plan for the area. (5) Soil absorption tests in sufficient number to in- dicate suitability of the soil for individual lot sewage disposal, but not less than one test for each four acres. (6) In areas affected by inadequate surface drainage or subjected to periodic flooding, proposals designed to make the area safe for occupancy and to provide for adequate street and lot drainage.. (7) Proposals for street lighting, curb, gutter, side -- walks, and boulevard improvements. (8) Such other information as shall be requested by the Planning Commission or Town Engineer. SECTTQN VI. PRELIMINARY PIAT 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 an approved preliminary plat, a new application together with payment of an additional fee shall be required. 6.2. The Planning Commission shall review the proposed sub- division. -9- 6.3. Following (a) review of the preliminary subdivision and other material submitted for conformity thereof to these regulations, and (b) discussion 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 modi- fied, 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 hear- ing to be published once in the official newspaper, stating both the legal description and the street location of the proposed sub- division. 6.6. At the time and date specified in the notice of hear- ing all interested persons shall be heard. 6.7. Conditional approval of a preliminary subdivision plat -10- shall not constitute approval of the final subdivision plat. Rather it shall be deemed an expression of approval of the lot, street, drainage and utility layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Town Council and for recording upon fullfillment of the requirements of these regulations 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 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 en- tire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satis- factory to the Council. 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. F INAL PLAT APPROVAL 8.1. Within twelve months after receiving conditional approval on a preliminary plat, the final plat and other exhibits required for approval shall be submitted to the Town Council for approval. Failure to submit 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 pro- jection of existing principal streets 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 laid out so that their use by through traffic will be discouraged. 9.4. Street jogs with center line offsets of less than 125 -12- feet shall be avoided. 9.5. A tangent at least 100 feet in length shall be intro- duced between reverse curves on collector streets and a tangent of at least 50 feet in length shall be introduced between reverse 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 curved streets should be so arranged as to fit the natural topography as closely as possible and to make possible desirable land subdivisions and safe vehicular 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. Reserve strips controlling access to streets are prohibited. 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, with due allow- ance for reasonable vertical curves, and consent of the Town Council shall be required to exceed the following grades: STREET TYPE PERCENT GRADE Collector 60 Minor 100 9.11. No street grade shall be less than 0.4%. -13- 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 Street RIGHT OF WAY WIDTH 66 feet 50 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 of the street when an adjacent tract is subdivided. Radii of street right of way intersections shall not be 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 -14- lines shall be provided for utilities and drainage where necessary and shall be at least 10 feet wide for telephone or power line easements 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. 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 con- struction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. 9.18. In addition to other open space, dedication of ease- ments 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 sites suitable to the special needs of the type of use contemplated. (2) Needs for convenient access, circulation, control and safety of street safety. (3) Limitations and opportunities of topography. 9.20. Block lengths shall not exceed 1320 feet or be less than 300 feet unless approved by the Planning Commission, Pro- -15- visions for additional accessways to schools, parks and other public grounds may be required. 9.21. 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 Town's Zoning Code. 9.22. Lot dimensions shall conform to the requirements of the Town's Zoning Code. 9.23. Corner lots for residential use shall have a width to permit appropriate building setback on both streets. 9.24. Each lot shall be provided with satisfactory access to an existing public street by means of a public or private street. 9.25. When finished, all subdivisions must have all block corner stakes in place. Error of closure of the plat boundary shall not be more than 1 in 7500. 9.26. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residen- tial development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the back line of lots abutting such traffic artery or other disadvantageous use. -16- 9.27. Side lot lines shall be substantially at right angles or radial to street lines. 9.28. 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. 9.29. As an alternative, the subdivider may contribute an amount in cash equivalent to the value of land required to be dedicated by the preceding paragraph. Such 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 subdivided be dedicated or reserved to the public for public use for parks and playgrounds. -17- 9.30. Areas within the jurisdiction of the Town subject to flood conditions as established by the Town Council will not be considered for subdivision purposes until adequate drainage has been provided. 9.31. The planting of trees, the type and the spacing on public property shall be subject to the regulations of the Town Council. No planting, gateways, entrances and similar improve- ments shall be made on public property except with permission and approval of the Town Council. 9.32. 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 plat approval, the sub- divider shall have installed the required improvements, or shall have guaranteed their future installation by providing a bond to the Town in an amount equal to one hundred ten percent (1100) of the total cost of all required improvements, as estimated by the Town Engineer. 10.2. Monuments shall be placed at all block corners, angle points* points of curves and streets and at intermediate points STZ 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 asphalt. Concrete street construction shall be in accordance with Tarrant County specifications as shown in "Subdivision and Land Use Regulations" (Type 4 Concrete). Asphalt street construction shall be in accordance with Tarrant County specifications as shown in "Subdivision and Land Use Regulations" (Type 3 paved). 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 construction 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 with the standards of the Town. 10.6. 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. _19- 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 violation 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 conflict hereof is hereby repealed. PASSED AND APPROVED this the day of , 1978. ATTEST: N S CRETARY APPROVED AS TO LEGAL FORM: TOWN ATTORNEY ---11 Ze' /—, z z 2 � —, — �-- � TOWN MAYOR -20-