Ordinance No. 13,524ORDINANCE NO. 13,524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE VIII "WATERSHED
PROTECTION," SECTION 34-427 'BUFFER REQUIREMENTS," SUBSECTION (1)
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE
EXCEPTION TO THE BUFFER REQUIREMENT REGARDING TRIBUTARY
STREAMS LOCATED UPSTREAM FROM A STORMWATER MANAGEMENT
FACILITY; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A PENALTY OF TWO THOUSAND AND N0/100
DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 34 "Environment," Article VIII "Watershed Protection," Section
34-427 'Buffer requirements," Subsection (1) of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE VIII. WATERSHED PROTECTION
Sec. 34-427. Buffer requirements.
All new developments within a watershed protection zone, unless otherwise exempted pursuant to
subsection 34-422(c) shall be subject to the following buffer requirements:
(1) A 75 -foot wide buffer strip shall be maintained along the edge of public water bodies
identified on the watershed map. The required setback distance shall be measured from the
mean high water level of such water body. The buffer strip shall be maintained in its natural
state to the maximum extent possible, and shall be planted with an erosion resistant vegetative
cover in those areas that have been disturbed;
Section 2: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such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 3: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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 4: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more than
TWO THOUSAND N0/100 DOLLARS ($2,000.00). 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: 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 affirmative vote of e City Council of the City of
Baytown, on this the 27`h day of July, 2017. C
CHRIS PRESLEY, Mayor Pro Tem
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LE C RYSCH, City C
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APPROVED AS TO FORM:lu
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TGACIO RAMIREZ, SR., CtXttorney
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