Ordinance No. 925Adopted: 8 -14 -68
ORDINANCE NO. 925
AN ORDINANCE REQUIRING THE DEDICATION AND IMPROVEMENT OF A FIRE LANE EASEMENT,
AS DEFINED HEREIN, IN CERTAIN INSTANCES, AND ESTABLISHING STANDARDS AND PLAT
SUBMITTAL PROCEDURE THEREFOR; REPEALING ALL ORDINANCES IN DIRECT CONFLICT THERE-
WITH; PROVIDING SAVINGS, SEVERABILITY, AND PENALTY CLAUSES; AND PROVIDING FOR
PUBLICATION AND THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN.
SECTION 1. General Provisions
a. Every person, before making application for a building permit for
the erection of any building or buildings on any tract of land within the corpo-
rate limits of the City of Baytown, shall file a plat of such land with the
Baytown Planning & Zoning Commission for its approval in conformance with the
standard rules of such Commission and dedicating thereon fire lane easements
and all other dedications and covenants required herein,
WHEN, the building or buildings:
(1) Are designed for or to be used for occupancy by more
than three (3) families, or
(2) consist of more than three (3) single- family detached
dwelling units, or
(3) are designed for use or occupancy by more than one (1)
business, industrial, or commercial establishment
and more than one (1) single - family detached dwelling
unit, or
(4) can be occupied or used by two (2) or more business,
commercial, or industrial establishments.
(5) can be occupied by one (1) business, commercial, or
industrial establishment located more than 300 feet
from a public street or in conflict with the major
thoroughfare plan.
b. Every person, before making application for a building permit for
the erection of any building within the city designed or appropriate for occu-
pancy or use as provided above, shall file a plat of such land with the Plann-
ing & Zoning Commission for its approval in conformance with the standard rules
of such Commission and dedicating public streets and fire lane easements and
all other dedications and covenants required herein and in Chapter 27 (Sub-
divisions) of the Code of Ordinances of the City of Baytown (as from time to
time amended). Said plat may contain a combination public street and fire lane
easement system.
c. Such map or plat shall accurately describe the entire area or tract
of land upon which said building or buildings are to be located and shall in-
dicate the location of all public streets, fire lane easements, buildings, ease-
ments, and fire hydrants. Such map or plat shall be prepared in conformance with
the requirements herein and with rules of the Planning & Zoning Commission and
shall be submitted according to Section 4 of this ordinance, entitled "Plat
Submittal Procedure and Requirements." Upon final approval of the Planning &
Zoning Commission, said plat shall be recorded in the map records of the County
wherein the land is situated.
d. Notwithstanding the above general requirements, the Planning &
Zoning Commission may, upon review of the preliminary plat submittal as required
in Section 4, not require the filing of a final plat in the county records
provided the following specific conditions are met:
(I) A fire lane easement will not be required due to the
location and accessibility of the building(s) with re-
spect to the existing public street system.
(2) Additional fire hydrants to serve the development will
not be required due to the proximity of existing fire
hydrants.
(3) No conflict exists with the Major Thoroughfare Plan.
SECTION 2. Definitions
a. Dwelling, Single - Family, Detached. A "single- family detached dwell-
ing" is a fixed building containing only one dwelling unit and occupied by only
one family and entirely surrounded by open space on its building site.
b. Easement. An "easement" is a grant by the property owner to the
City, a corporation, or persons of the use of a strip of land for specific pur-
poses.
c. Fire Lane Easement. A "fire lane easement" is an easement improved
and maintained by the owner or co -owner of the land across which it is located
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for the primary purpose of providing ingress and egress to buildings served
thereby for policemen, firemen, and fire - fighting and emergency vehicles and
equipment and for the location therein of water mains, fire hydrants, and other
public utilities. A fire lane easement is not an alley and is not designed for
city garbage pickup service or mail service. A fire lane easement remains
private property except for the restrictions herein imposed.
d. Person. A "person" is any individual, firm, partnership, or corpo-
ration of any nature whatsoever.
e. Street. A "street" is a public right -of -way which provides primary
public vehicular access to abutting property and is designated as either a
street, highway, thoroughfare, major thoroughfare, freeway, parkway, avenue,
lane, boulevard, road, or drive.
SECTION 3. Requirements
a. All structures shall be located so as to be within three hundred
(300) feet of a dedicated, accessible, and improved public street or within one
hundred fifty (150) feet of a dedicated, accessible, and improved fire lane
easement. No part of any building, under any circumstances, shall be located
more than 450 feet from a dedicated, accessible and improved public road.
b. A fire land easement shall have a minimum of twenty eight (28) feet
of paved roadway.
c. Fire lane easements shall receive primary access from a dedicated
and improved public street of not less than fifty (50) feet of right -of -way.
d. Fire lane easements which curve, turn, or change directions shall
have a minimum center line curve radius of thirty -five (35) feet.
e. Fire lane easements with reverse curves shall have a minimum tangent
length of fifty (50) feet between points of curve.
f. Dead -end fire lane easements shall be terminated with an unobstructed
vehicular turn - around or cul -de -sac with a minimum paved radius of forty (40)
feet.
g. Dead -end fire lane easements shall have a maximum length of three
hundred (300) feet.
h. (1) Fire lane easements shall be marked and designated by a metal
sign at the entrance or intersection of the fire lane easement and a public street,
and shall also be posted every one hundred (100) feet along the fire lane easement.
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This sign shall be of 8 -gauge metal with embossed or raised letters. Lettering
is to be red on a white background, and shall be baked -on enamel paint.
(2) The sign shall state in 11/2 -inch letters the following:
"Fire Lane Easement.
To be open at all times for fire-- fighting equipment."
(3) The owner of a project or development containing fire lane
easements shall be responsible for maintaining an open
easement at all times. Said owner may be subjected to a
fine of $10 per day for any object blocking any part of
the fire lane easement at any time.
i. The dedication of public streets to the City shall be by subdivision
plat. Said dedication shall conform to all the rules and regulations of the
Planning & Zoning Commission.
j. No building permit shall be issued by the City of Baytown to con-
struct, reconstruct, relocate, or erect a building under conditions or in a
location that is subject to the provisions hereof unless and until the applicant
therefor has complied with the provisions hereof and has requested and obtained
written approval of the Planning & Zoning Commission certifying that such appli-
cant has in all respects complied with the provisions hereof. Assurance that such
easement has been dedicated and will be paved must be given in writing by appli-
cant to the Planning & Zoning Commission and final approval of any such building
constructed in a location subject to the provisions hereof shall not be given
by the City Building Inspector until such easement is so paved.
k. Public streets and /or fire lane easements shall be constructed in
accordance with the minimum standards of the City's Department of Public Works
and Engineering.
I. Right -of -way shall be dedicated to the City in the recorded plat for
the following:
(1) Widening of existing public street.
(2) Establishment of major thoroughfares.
(3) Widening and /or establishment of utility easements, drainage
easements, and storm sewer easements.
m. Such plat shall contain a dedication and covenant, signed and acknowl-
edged by all persons owning an interest in the land shown thereon, restricting
such land to the use or uses for which the planning and platting of said land
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was approved by the Planning & Zoning Commission.
No use of such land so platted different from that to which such land is
restricted by the dedication and covenant shown on the recorded plat thereof
shall be made unless and until all ordinance requirements of the City of Baytown
and the laws of the State of Texas applicable to such proposed new use shall
have first been complied with.
n. Setback of buildings from public streets shall conform to the standard
requirements of the Planning & Zoning Commission.
SECTION 4. Plat Submittal Procedure and Requirements
a. Preliminary approval. There shall be submitted to the Planning &
Zoning Commission the following items at least seven days prior to the meeting
of the Commission at which the plat is to be considered, otherwise consideration
of the plat will be deferred to the next regular meeting of said Commission:
(1) Completed form entitled "Application for Preliminary
Approval of Fire Lane Easement Plat." (These forms may
be obtained from the City Planning Department upon request.)
(2) Three prints of the fire lane easement plat.
(3) The owner shall, along with the preliminary plat, submit
a certificate from a title guaranty company or a title
opinion from an attorney duly licensed to practice law in
Texas, certifying to at least the following concerning the
title to the land: description of the property in question,
including a metes and bounds description of the tract; name
of the owner of the fee simple title as of the date of the
certificate and the date; file number, or volume and page
of the recording of the deed or deeds involved conveying
title into such owner; the name, file number, date of filing,
and volume and page of any lienholders; and a general
description of any easements or fee strips granted, along
with the file number, date of filing and volume and page
of recording; and, if requested, an affidavit from the
owner that he has made no conveyances of any interest and
that no additional liens are existing on said land since
the date of such option or certificate.
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b. Preliminary approval will expire six months after the approval by
the Planning & Zoning Commission of the preliminary plat, except that if the
developer shall apply in writing prior to the end of such six -month period,
stating reasons for needing the extension, this period may, at the discretion
of the Commission, be extended for one additional six months period.
c. Final approval. There shall be submitted to the Planning & Zoning
Commission the following items:
(1) RII final plans shall be accompanied by the original trac-
ing, prepared on cloth or polyester film with India ink,
or photographically reproduced.
(2) Three prints of the final plat and original tracing or
photographic tracing.
Final approval will expire one year after Planning & Zoning Commission
acting granting approval of any plat unless the plat has been filed for record,
except that if the developer shall apply in writing prior to the end of such
one -year period, stating reasons for needing the extension, this period may, at
the discretion of the Commission, be extended for another year, but not beyond
that period.
d. Schedule of Fees. Fire Lane Easement plats submitted to the Planning
& Zoning Commission for approval must also be accompanied by a check made payable
to the City of Baytown for the amount specified in the following schedule of fees:
(1) Preliminary plat.
(a) Ten dollars base handling fee, plus
(b) Two dollars per gross acre for projects involving
apartments, commercial, or industrial developments,
which include a fire lane easement.
(2) Final plat.
(a) Five dollars base fee, plus
(b) Two dollars per gross acre for projects involving
apartments, commercial, or industrial developments,
which include a fire lane easement.
e. Plat Specifications and Requirements.
(1) Preliminary Plats
(a) Title of plat shall include the following:
M
(1 -1) Name of project
(1 -2) Name of owner or agent
(1 -3) Name of architect or engineer
(1 -4) Date
(1 -5) Scale (not less than I" = 501)
(1 -6) Number of buildings, dwelling units, and number
of vehicular parking spaces
(1 -7) Gross acreage
(1 -8) Name of survey and abstract number
(1 -9) North arrow
(b) Layout of project to be arranged on sheet with north to
top of sheet if possible.
(c) Show location and arrangement of buildings, driveways,
parking areas, fire lane easements, streets, and ease-
ments within the project, with general dimensions.
(d) Show adjacent property with dashed lines, the location
and arrangement of all adjacent public streets, ease-
ments, physical features such as ditches, water courses,
fee strips, etc.
(e) Boundaries. Show in heavy lines with dimensions and
bearings.
(f) Dimensions within plat can be approximate on preliminary
plat only.
(g) An architect's plot plan with appropriate dimensions shall
be sufficient for consideration for preliminary approval
if it conforms to the requirements listed above.
(h) A key map with suggested scale of I" = I mile.
(2) Final Plat. The final plat shall show the following:
(a) Accurately indicate the entire tract and the location
of all public streets or easements touching or cross-
ing the tract, with certification signed by a registered
engineer or public surveyor.
(b) The location, dimensions, and use of all existing build-
ings within the area, and all proposed buildings to be
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erected within the project area.
(c) An indication of the location of the principal entrances
of each building, and how access is intended to be had
thereto from the nearest public street.
(d) The location and dimensions of any fire lane easement,
street, pavement, and vehicular parking facilities.
(e) The location and size of all fire hydrants.
(f) A key map with suggested scale of I" = I mile.
f. Dedications and Certifications. The dedications and certifications
shall conform to the following form. Lienholders must join the dedications.
(1) Dedication for Individuals
STATE OF TEXAS I
i
COUNTY OF HARRIS I
KNOW ALL MEN BY THESE PRESENTS: THAT
1, (or We), (Name of owner or owners), owner (or owners) of the
(acres) -tract of land in the (name of survey and abstract number), City of
Baytown, Harris County, Texas, as shown on the attached map or plat of (name of
project), certify to the following:
The attached map or plat truly and correctly represents the
proposed plan and type of development of that certain (acres) -
tract of land. It is desired and intended to establish as fire
lane easements, available for the general use of the public, all
the area shown thereon as a fire lane easement, and I (or we)
hereby covenant and restrict the land within this plat to the
uses as shown on the plat, and no use of such land, different
from that shown on the recorded plat, shall be made unless and
until all ordinance requirements of the City of Baytown and the
laws of the State of Texas applicable to such proposed new uses
shall have first been complied with.
Upon approval of the attached map or plat by the Planning &
Zoning Commission, the undersigned (name of owner or owners), my
(our) successors and assigns, will forever keep and permit to be
kept open as streets, available to the general use of the public,
the area thereon shown as a fire lane easement unless the Planning
& Zoning Commission or the City Council of the City of Baytown
shall thereafter permit and authorize the closing thereof.
Executed the day of , 19
(Signature of owner)
Name of Owner
(Signature of Lienholder, Ifany)
*Name of lienholder
* All owners and lienholders to sign.
(2) Dedication for Corporations
STATE OF TEXAS
ll
CCUNTY OF HARRIS ll
KNOW ALL MEN BY THESE PRESENTS: THAT
We, (name of president) and (name of secretary), President and
Secretary respectively of (name of corporation), owner of the (acres) -tract of
land in the (name of survey and abstract number), City of Baytown, Harris
County, Texas, as shown on the attached map or plat of (name of project), certify
to the following:
The attached map or plat truly and correctly represents the pro-
posed plan and type of development of that certain (acres) -tract
of land. It is desired and intended to establish as fire lane ease-
ments, available for the general use of the public, all the area
shown thereon as a fire lane easement, and we hereby covenant and
restrict the land within this plat to the uses as shown on the
plat, and no use of such land, different from that shown on the
recorded plat, shall be made unless and until all ordinance require-
ments of the City of Baytown and the laws of the State of Texas
applicable to such proposed new uses shall have first been complied
with.
Upon approval of the attached map or plat by the Planning &
Zoning Commission, the undersigned on behalf of the (name of corpora-
tion), our successors and assigns, will forever keep and permit to
be kept open as streets, available to the general use of the
public, the area thereon shown as a fire lane easement unless
the Planning & Zoning Commission or the City Council of the City
of Baytown shall thereafter permit and authorize the closing
thereof.
Executed the day of , 19
Name of Company
By (Signature of President)
President
Attest: (Signature of Secretary)
Secretary
(3) Notary Public Certificate
STATE OF TEXAS I
I
COUNTY OF HARRIS I
Before me, the undersigned authority, on this day personally
appeared (name of owner or owners), known to me to be the persons whose names
are subscribed to the foregoing instrument and acknowledged to me that they
executed the same for the proposes and considerations therein set forth.
19
Given under my hand and seal of office this day of ,
Notary Public in and for Harris County, Texas (SEAL)
(4) Countv Clerk Certificate
STATE OF TEXAS
COUNTY OF HARRIS
1, (name of County Clerk), Clerk of the County Court of Harris
County, Texas, do hereby certify that the within instrument with its certif-
icate of authentication was filed for registration in my office on
, 19 , at o'clock, (A.M. or P.M.), and duly recorded on
, 19 , at o'clock, (A.M. or P.M.), Vol. , page ,
of record of (maps) for said County.
WITNESS my hand and seal of office, at Houston, the day and date
last above written.
(name of County Clerk)
Clerk, County Court, Harris County, Texas
IN
Depu
(5) City Planning & Zoning Commission Certificate
CERTIFICATION OF APPROVAL, FIRE LANE EASEMENT MAP
This is to certify that the Planning & Zoning Commission of the City
of Baytown, Texas, has approved this plat and map of (name of project) and this
plat fulfills all the present ordinances relative to fire lane easements.
In testimony Whereof, witness the official signature of the Chairman
and Secretary of the Planning & Zoning Commission of the City of Baytown, Texas,
this day of , 19
ecretary Chairman
Section 5: Savings Clause: If any provision, exception, section, sub-
section, paragraph, sentence, clause or phrase of this ordinance or the applica-
tion of same to any person or 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 b: Repealing Clause: 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 7: Penalty: Any person, firm or corporation violating any pro-
vision of this ordinance or failing to observe any provision hereof shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum
not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars,
and each and every day or fraction thereof which this ordinance, or any part
thereof, shall be violated, shall be deemed a separate offense and punishable
as such.
Section 8: Effective Date: 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 the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council
of the City of Baytown, on this the 14th day of August , 1968.
ATTEST:
. J
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City At rney
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F
Seaborn Cravey, Mayo