As used in this article, the following terms shall have the
respective meanings ascribed to them. Words and terms used in this
article, but not defined in this article shall have the meaning ascribed
to them in the subdivision ordinance. Words and terms defined in both
the subdivision ordinance and this article shall be read in harmony
unless there exists an irreconcilable conflict in which case the definition
contained in this article shall control.
The City of Westworth Village, Texas.
The owner of land proposed to be developed, or the person
or entity filing an application for development of land, or their
representatives.
Any activity that requires the submission of a subdivision
plat (excluding a one-lot replat), development plan or the securing
of a building permit.
Money placed in the possession of the city to accomplish
the purposes set out in this article, including, but not limited to,
the following:
(Ordinance 375 adopted 7/14/15)
The purpose of this article is to provide for the orderly, safe
and healthy development of the area both within the city and within
its extraterritorial jurisdiction and to promote the health, safety
and general welfare of the community. It is also the purpose of this
article to establish responsibilities for the extension of water and
sewer mains and other public utility improvements into the various
drainage basins located within the city limits and its extraterritorial
jurisdiction, to provide a procedure for acquiring necessary easements
and rights-of-way, and to establish responsibilities for paying for
the cost of constructing the water and sewer improvements, preparing
the engineering and survey work necessary to design and install the
water and sewer improvements and the cost of inspecting any and all
construction undertaken pursuant to this article. This article is
designed to be used in conjunction with the subdivision ordinance
to ensure an orderly development plan for the growth of the community,
and to ensure the creation and effective operation of a utility infrastructure
appropriate in size and character to support reasonable levels of
development within the community.
(Ordinance 375 adopted 7/14/15)
(a)
Development within the city and its extraterritorial jurisdiction
within the city’s certificate of convenience and necessity (CCN)
shall be provided with an approved water supply and distribution system
and with an approved sewage collection and disposal system. Connection
with the city’s sanitary sewer system shall be required except
where the city engineer determines that such connection will require
unreasonable expenditures when compared with other methods of sewage
disposal.
(b)
The developer shall pay all costs attributable to the installation
of water and sewer facilities as are needed to fulfill the basic criteria
requirements of the city for service within the subdivision.
(c)
The construction of all water and sewer infrastructure for a subdivision
shall be covered by a written agreement prepared or approved by the
city attorney which clearly defines the scope and details of the proposed
improvements and particularly contains the developer’s agreement
to abide by all regulations of the city and to deliver to the city
clear and unencumbered title to all the proposed improvements at the
time of acceptance by the city, which must be prior to commencing
service.
(d)
The city intends to extend public utility service to all areas within
its corporate limits and its extraterritorial jurisdiction within
the city’s CCN at some point in the future. Public utility system
extensions will be made in conformance with the city’s adopted
capital improvement program and are projected to occur over many years
based upon the fiscal capability of the city and the growth characteristics
of each area of the city.
(Ordinance 375 adopted 7/14/15)
It shall be unlawful for any person to provide water or sewer
service to any lot or tract of land or any part thereof unless and
until a plat of such lot or tract of land meeting the platting requirements
of the city, has been approved by the planning and zoning commission
and the city council and has been filed for record with the county.
Before consideration of a final plat by the planning and zoning commission,
the developer of the tract or subdivision shall submit to the city
engineer for his approval a map or plat showing the location of water
and sanitary sewer mains which will be required to ensure adequate
service and fire protection for the lots specified in the proposed
tract or subdivision.
(Ordinance 375 adopted 7/14/15)
(a)
In the event that a development proposal is submitted which will
require the use of a public water and/or sewer system, and no such
public system has yet been extended into the area where the proposed
development is located, it will be the responsibility of the developer
to comply with the terms and conditions of this article in order to
ensure availability of service.
(b)
It is, and shall remain, the responsibility of each individual developer to undertake those construction activities necessary to tie his or her development project into the water or sewer main serving that specific drainage basin or service area. Should a lift station and/or force main be required in order to utilize a proposed off-site service location, such lift station and/or force main shall be installed at the developer’s cost. In order to promote economic development, the city and/or the economic development corporations (“type A EDC” and/or “type B EDC”) of the city may participate in construction of water and sewer mains and infrastructure, provided that the city and/or the type A EDC and type B EDC may share in pro-rata reimbursement described in section 13.06.009.
(Ordinance 375 adopted 7/14/15)
(a)
When a developer plans to undertake a specific development project
within the city or its extraterritorial jurisdiction and the development
will require service through a public water and/or sewer system, it
will be the responsibility of the developer to contact the city to
determine system availability. The developer will advise the city
in writing of the specific location of his development, the total
size of the development in acreage, living units and/or square feet
of commercial or industrial space, the type of development and land
use to occur within the subdivision and the approximate time when
public utilities will be required. The information may be incorporated
into a preliminary plat or development plan application submitted
to the city.
(b)
The city shall review the city’s current water and sanitary
sewer system and determine whether service is currently available
to the development. If service is available through an existing main,
the city shall identify the point on that main where the development
will be permitted to tie into the system and will advise the developer
in writing of the location where a tie-in will be permitted. The city
shall support such written notice with such map exhibits as are necessary
to clearly delineate the point of tie-in.
(c)
In the event that a connection to an existing utility main is possible,
the city will determine if the utility main has been installed by
the city as a portion of its capital improvement program or whether
it was installed by a prior developer under the approach main extension
policies of this article. In the event that the utility main was installed
by the city as a portion of its capital improvement program, the developer
will be advised that there will be no pro-rata reimbursement charge
to tie into the utility main, the developer will be responsible for
the entire cost of the approach main or service line connecting his
development to the utility main.
(d)
If the utility main or a portion of the utility system serving the
development was previously installed anticipating future reimbursement
per this article, the city will advise the developer of his pro-rata
share of costs for connection to this line. The developer shall pay
the pro-rata charge to the city prior to making a tie-in to the system.
(Ordinance 375 adopted 7/14/15)
If the city should determine that utility service to a proposed
development is not available at the present time, the developer will
be so advised in writing. In this situation, the developer must select
among the following alternatives:
(1)
Discontinue his proposed development until such time as a utility
system has been installed within the drainage basin or service area;
(2)
Petition the city council to expedite the construction of a utility
system capable of serving the proposed development under its regular
capital improvement program; or
(3)
Install the necessary utilities to the point necessary to serve the
development. The developer will be responsible for all costs associated
with the installation of necessary utilities, including but not limited
to engineering, attorney fees, surveying, testing, easement preparation,
easement acquisition, construction and inspection. The public utilities
will be designed and constructed to city standards and specifications
as the city determines to be applicable. The developer may install
the public utilities himself or may contract with the city to secure
construction of the utilities by the city. All financial arrangements,
including any necessary bonding, shall be completed prior to the execution
of a developer agreement. In the event that a developer elects to
pursue this alternative, he will be eligible to receive a pro-rata
reimbursement, for a period of ten (10) years, from future developers
who tie into these specific utilities. If the city and/or the type
A EDC and type B EDC have participated with the developer in the costs
associated with the installation of the necessary utilities, the city
and/or the type A EDC and type B EDC will be eligible to receive a
pro-rata reimbursement from future developers who tie into these specific
utilities.
(Ordinance 375 adopted 7/14/15)
All water and sewer systems constructed within dedicated public
right-of-way in connection with the development shall be and shall
remain the property of the city and, after expiration of the maintenance
bonds, shall be maintained by the city. Maintenance bonds shall be
required for a period of two (2) years after acceptance of the water
and sewer system.
(Ordinance 375 adopted 7/14/15)
(a)
If a public utility system is installed within a drainage basin or
service area by a developer, each subsequent development within the
drainage basin or service area which ties into the public utility
system shall pay a pro-rata share of the cost of the utility system
installed by the initial developer. The pro-rata fee shall be paid
prior to connection to the utility system. The pro-rata fee for each
subsequent development seeking service shall be determined on a cost
per acre basis by calculating the proportional area of the new development
to the total area within the drainage basin or service area served
by the public utility system, multiplied by the total cost of the
public utility system installed by the initial developer. Total cost
of the utilities may include construction, engineering, attorneys’
fees, surveying, testing, easement preparation, easement acquisition,
and inspection costs.
(b)
Provided the city collects the funds, each initial developer shall
be entitled to a rebate of the pro-rata charge against subsequent
developers for a period of ten (10) years following completion and
acceptance of the utilities, or until the initial developer has been
paid all allowable reimbursable charges, whichever occurs first. At
the expiration of the tenth year, the developer will no longer be
entitled to receive any reimbursement. At no time shall the developer
be entitled to receive reimbursement for a sum greater than the initial
cost of the public utilities less the pro-rata share of capacity of
that utility system that would have been attributable to the initial
development for its proportionate share of capacity in the system.
(c)
The developer shall be responsible for providing to the city, and
maintaining with the city, an accurate current address. When funds
are available for disbursement, the city shall notify the developer
at the address on file with the city. If the developer fails to pick
up the funds within six (6) months of the date the city notifies the
developer that the funds are available, the funds shall be forfeited
to the city’s water and sewer fund.
(d)
If the city and/or the type A EDC and type B EDC have participated
in the costs associated with the installation of such public utilities,
the city and/or the type A EDC and type B EDC will be eligible to
receive a pro-rata reimbursement.
(Ordinance 375 adopted 7/14/15)
In order to provide appropriate capacity for reasonably anticipated
development in a drainage basin or service area, the city, with the
approval of the city council, may require a developer to install a
utility line or system improvement larger than necessary to support
the developer’s specific development. In the event that the
city council requires the installation of a utility line or system
improvement larger than required to serve the development, the developer
installing the line will be reimbursed by the city for the difference
in cost between the size of the line required by the city and the
line size or system improvement required to serve the development.
The size of the facilities required to serve the development shall
be determined by the city.
(Ordinance 375 adopted 7/14/15)
