Ordinance No. 13,352ORDINANCE NO. 13,352
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II
"BUILDING CONSTRUCTION STANDARDS," DIVISION 3 'BUILDING
CODE," SECTION 18 -93 "SIDEWALKS "; AND CHAPTER 122 "STREETS
AND SIDEWALKS," ARTICLE II "CONSTRUCTION OF SIDEWALKS,
DRIVEWAYS AND CURB AND GUTTERS," DIVISION 3
"SPECIFICATIONS AND OTHER REGULATIONS," SECTION 122 -91
"CEMENT OR CONCRETE WORK" AND SECTION 122 -97
"INSTALLATION OF DRAINAGE CULVERTS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ESTABLISH STANDARDS FOR
SIDEWALKS, TO UPDATE THE STANDARDS FOR CONCRETE WORK,
AND TO REVISE THE COST OF DRAINAGE CULVERT INSTALLATION;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 18 "Buildings and Building Regulations," Article II
"Building Construction Standards," Division 3 'Building Code," Section 18 -93 "Sidewalks" of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18 -93. Sidewalks.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Impervious surface means any type of improvement to real property that will
prevent water from passing through to the soil below.
Construction means the building or placement of any structure requiring a permit
from the city.
Primary residential structure means the main dwelling unit on a lot or parcel that
is:
(i) a detached one- or two - family dwelling or
(ii) a townhome not more than three stories above grade plane in height, with
separate means of egress, and open to a public right -of -way or yard on at
least two sides.
Primary non - residential structure means the main structure on a lot or parcel that
is anything other than a primary residential structure.
Sidewalk means a paved path for the use of pedestrians constructed:
(i) in the right -of -way between the curb lines or the edge of pavement of a
roadway and the adjacent property lines or
(ii) in an easement on private property dedicated to the city or the public for
which a sidewalk is permitted to be built.
(b) Required. Except as provided in subsection (c) of this section, sidewalks conforming to
the requirements of chapter 122 of this code shall be constructed when a permit is issued
for any of the following:
(1) Construction of a primary residential structure in a subdivision platted after July
26, 2012;
(2) Construction of a primary non - residential structure within any zoning district with
the exception of the HI zoning district; or
(3) Construction on a primary non - residential structure or the parking area serving a
primary non - residential structure that would result in either:
(i) a 30 percent aggregate increase in the existing gross area of impervious
surface on the property in any zoning district with the exception of the HI
zoning district or
(ii) a 5,000 square feet of new impervious surface area, on the property in
any zoning district with the exception of the HI zoning district.
(c) Exempt. Construction of sidewalks shall not be required:
(1) On a property where a primary residential structure in a residential zoning district,
as determined by the ULDC, is being constructed but there is not enough space
within the right -of -way to construct a sidewalk as determined by the chief
building official;
(2) When a residential lot is platted after July 26, 2012 in an existing residential area
where less than 80% of the existing homes have sidewalks;
(3) On property where a governmental agency prohibits the construction of sidewalks
and the applicant has provided to the chief building official current documentation
to this effect from the governmental agency; or
(4) When, in the opinion of the chief building official, the installation of sidewalks
would not be feasible due to planned public improvements and the owner or
developer, in lieu of constructing a sidewalk, pays at the time of the issuance of a
building permit a fee. Such fee shall be in an amount equal to the cost of the
construction of the sidewalk per square foot based upon the competitively bid
prices obtained by the city for its annual concrete work contract.
(d) Appeals. Appeals from a decision of the chief building official shall be made in
accordance with section 18 -58.
(f) Violation. It shall be unlawful for any person to willfully or maliciously tear up, injure,
deface or destroy any sidewalk, or any portion thereof.
(g) Enforcement.
(1) Any violation of this article shall constitute a misdemeanor punishable, upon
conviction, by a fine as provided in section 1 -14.
(2) In addition to enforcement action taken pursuant to subsection (g)(1), certificates
of occupancy and certificates of completion shall be withheld until repairs
required in subsection (d) of this section have been made and approved by the
chief building official.
Section 2: That Chapter 122 "Streets and Sidewalks," Article II "construction of
Sidewalks, Driveways and Curb and Gutters," Division 3 "Specifications and Other
Regulations," Section 122 -91 "Cement or concrete work" of the Code of Ordinances, Baytown,
Texas, is hereby renamed as Section 122 -91 "Concrete work" and is amended to read as follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION OF SIDEWALKS, DRIVEWAYS AND CURB AND
GUTTERS
DIVISION 3. SPECIFICATIONS AND OTHER REGULATIONS
Sec. 122 -91. Concrete work.
3
The following are standard specifications for concrete sidewalks, driveway approaches,
curbs and gutters. The director of engineering is hereby authorized to adopt standards
specifications and standard details consistent with this section. The official copy of the standards
specifications and standard details shall be on file with the director of engineering. Concrete
work shall not be deemed complete until inspected and accepted by the director of engineering.
(1) Basic requirement. The concrete sidewalks, driveways, curbs and gutters shall be
composed of standard Portland cement or an approved high, early strength
cement, fine aggregate, coarse aggregate and water, mixed and proportioned
according to the workability factor method of design, and in accordance with
definite specification requirements outlined in this section and as adopted by the
director of engineering. The concrete shall comply with the standard
specifications and standard details for concrete work on concrete mix and
minimum concrete properties as promulgated by the director of engineering. The
concrete, when tested on test specimens cured under field laboratory conditions,
shall equal or be greater than the following:
a. Compressive strength: pounds per square inch, 28 days -3,500 pounds;
and
b. Flexural strength: pounds per square inch, seven days -650 pounds.
(2) Foundation. The foundation shall consist of firm, hard soil from which all
vegetable matter and other loose material have been removed. Sidewalks shall be
constructed on a sand cushion.
(3) Combined curb and gutter. Curb and gutter shall be designed and constructed in
accordance with the standard specifications and standard details adopted by the
director of engineering, which standards and details, include details concerning
location, thickness, height, and reinforcement of permissible curb and gutter.
Mountable curbs shall be prohibited.
(4) Sidewalks.
a. Width. Sidewalks shall be not less than five feet (5') wide, unless
otherwise approved by the director of engineering in accordance with this
subsection. The director of engineering may approve a reduction in
sidewalk width of not less than four feet (4') if (i) the sidewalk is on the
same street and within the same block as an existing sidewalk, (ii) more
than 80% of the required sidewalk exists at the time a permit is requested
and (iii) the existing sidewalk has a width of less than five feet (5').
b. Construction. Sidewalks shall not be less than four inches (4 ") thick
composed of reinforced concrete. Sidewalks shall be constructed in
accordance with the standard specifications and standard details, which
include a reinforcing schedule.
4
Location. Sidewalks will be located as described in the definition of
"sidewalk," as defined in Section 18 -93(a) of this code.
d. Curb ramps. Wheelchair ramps will be provided as required by the state
and federal law, including the regulations of the state department of
licensing and regulation and the Americans with Disabilities Act.
(6) Driveway approaches. Driveway approaches shall (i) be composed of reinforced
concrete of not less than five inches (5 ") thick, (ii) meet or exceed FHA minimum
standards, and (iii) comply with the standard specifications and standard details
adopted by the director of engineering.
Section 3: That Chapter 122 "Streets and Sidewalks," Article II "construction of
Sidewalks, Driveways and Curb and Gutters," Division 3 "Specifications and Other
Regulations," Section 122 -97 "Installation of drainage culverts" is hereby amended to read as
follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION OF SIDEWALKS, DRIVEWAYS AND CURB AND
GUTTERS
DIVISION 3. SPECIFICATIONS AND OTHER REGULATIONS
Sec. 122 -97. Installation of drainage culverts.
If the owner of any property located within the city requests that the city install drainage
culverts in drainage easements or street rights -of -way in cases where the drainage is not
significantly impaired, the property owner shall provide the culvert pipe and shall be assessed a
fee to cover the costs of the installation. The fee shall be paid by the property owner prior to the
installation. The culvert pipe for single - family residential property abutting residential streets
with open ditches shall be either reinforced concrete pipe (RCP) conforming to the latest revision
of ASTM C -76, class III, corrugated plastic pipe conforming to AASHTO M294 with a
minimum pipe stiffness of 46 and a maximum diameter of 30 inches and having gasketed pipe
joints, or such other pipe as may be approved by the director of engineering.
Section 4: Any person who fails to comply with this ordinance shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE HUNDRED
AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any such
violation shall occur shall constitute a separate offense. In addition to the penalty prescribed
above, the city may pursue other remedies such as abatement of nuisances, injunctive relief,
administrative adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 6: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance. /
INTRODUCED, READ, and PASSED by the affirmatie of the City Council of the
City of Baytown, this the 10'b day of November, 2016.
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, Ci Clerk
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APPROVED AS TO FORM: o ( = u- c
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JD?QACIO RAMIREZ, SR., Ci ttorney
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