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Ordinance No. 1,328ORDINANCE NO. 1328 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, "SUBDIVISIONS", BY REPEALING ARTICLE II, PROCEDURE, AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN ITS PLACE NEW PROVISIONS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by amending Chapter 27, "Subdivisions", by repealing Article II, Procedure, as presently constituted and the same shall cease to have force and effect from and after the effective date of this ordinance. Section 2: That the Code of Ordinances, herein is hereby amended by adding thereto a new Article II, Procedure, which shall read as follows, to -wit: ARTICLE II PROCEDURE Section 27-18. PLATS There shall be a three stage review process for plats required to be submitted to the Planning Commission for approval, consisting of a Preliminary Conference (Stage One), Preliminary Approvel (Stage Two), and Final Approval (Stage Three). (a) Preliminary Conference (Stage One). The owner, or his authorized agent, shall submit to the Planning Department, a plot plan, drawn to a scale not less than 1" = 100' (preferable that the scale be 1' - 20', V - 50', or 1" - 50'). The developer and the City Planning Staff shall meet together and determine whether the applicable requirements of this Code of Ordinances have been complied with. If there is disagreement on this issue, the applicant, by request, or the staff, may take this pre -preliminary infor- mation to the Planning Commission for their determination. If the Staff and applicant reach a satisfactory agreement, the appli- cant may proceed to prepare data for Stage Two - Preliminary Approval. (b) Preliminary Approval (Stage Two). Applications for Preliminary Approval shall be made by the owner, or his authorized agent, of all affected property and shall be filed on a form prescribed by the City Planning Department and filed with said Department. Ap- plications shall be accompanied by a fee prescribed in the Fee Schedule, Sec. 27-22, and accompanied by the following information: (1) Six (6) copies of the preliminary development plan of the entire development drawn to scale and showing streets, utility easements, driveways, sidewalks, pedestrian ways, off-street parking and loading areas; location and approximate dimensions of structures, utilization of structures, including activities and the number of dwelling units; major landscaping features; relevant operational data, drawings and/or elevations clearly establishing the scale, character and relationship of buildings, streets and open space. Such development plan shall include maps and information on the surrounding area within four hundred fee (400') of the development. A boundary survey or a certified boundary description by a registered engineer or licensed surveyor, plus contour information, shall also be submitted. The elevations of all points used to determine the contours shall be indicated on the preliminary plan and said points shall be given to true elevation above mean sea level as de- termined by the City Engineer. The base data shall be clearly indicated and shall be compatible to city datum, if beach marks are not adjacent. The following intervals are required: (i) One foot contour intervals for ground slopes up to 5%. (ii) Two foot contour intervals for ground slopes between 5% and 10%. (iii) Five foot contour intervals for ground slopes exceeding 10%. All elements listed in this paragraph shall be characterized as existing or proposed and sufficiently detailed to indicate intent and impact. (2) A tabulation of the land area to be devoted to various uses, and a calculation of the average residential density per net acre. (3) A stage development schedule demonstrating that the developer intends to commence construction within one year after the approval of the final development plan, and will proceed dili- gently to completion. (4) If it is proposed that the final development plan will be executed in stages, a schedule thereof shall be required. (c) The required data shall be submitted to the Director of Planning at least seven (7) days prior to the Commission meeting at which pre- liminary approval is sought. Section 27-19. PRELIMINARY PLANNING COMMISSION ACTION (STAGE TWO) (a) An application for preliminary approval shall be considered by the City PIanning Commission. This will be done in a public meeting. (b) The Planning Commission shall determine whether the proposal conforms to city and other applicable regulations, and may approve or disap- prove the application and the accompanying preliminary development plan or require such changes therein or impose such conditions of approval as are in its judgment necessary to ensure conformity to said regulations. Should a decision not be rendered within thirty (30) days after filing, the application and preliminary development plan shall be deemed approved unless said time has been extended by the Planning Commission and/or the developer. -2- (c) Preliminary approval does not constitute acceptance of the plat by the city, but is merely authority to proceed with preparation of the final plat. No work shall be done on the ground until the final plat has been approved. Section 27-19.1. PUBLIC WORKS DEPARTMENT REPORT (STAGE TWO). Within ten (10) days after the filing of the preliminary development plan, the City Planning Commission shall forward such development plan and the original application to the Director of Public Works for review of public improvements, including streets, utilities, and drainage. The Com- mission shall not act on a final development plan until it has first received a report from the Director of Public Works or until more than twenty (20) days have elapsed since the plan and application were sent to the Director of Public Works, whichever is the shorter period. Section 27-19.2. FINAL APPROVAL (STAGE THREE). (a) Within one hundred and eighty (180) days after preliminary approval and within thirty (30) days of filing of the final development plan, the City Planning Commission shall examine such plan and determine whether it conforms to all applicable criteria and standards and whether it conforms in all substantial respects to the previously approved plans. (b) Such final plans shall be submitted to the Director of Planning at least seven (7) days prior to the Commission meeting at which final approval is sought and accompanied by the final filing fee as pre- scribed in the Fee Schedule, Sec. 27-22. (c) The final plan shall show or be accompanied by the following data: (1) Plats shall be drawn upon sheets 24 x 36 inches to the scale of one hundred feet to the inch, unless another scale is approved by the Director of Planning. (2) A title including name of subdivision, owner or owners and licensed land surveyor or registered engineer or registered public surveyor responsible for the plat, and the scale and location of the sub- division with reference or original land grants or surveys, the date and North point. (3) The certificate of the registered engineer or licensed surveyor who surveyed, mapped and monumented the land shall be placed on the face of the pi at. (4) A certificate of ownership and dedication of all streets, ease- ments, alleys, park and playgrounds to public use forever, signed and acknowledged before a notary public by the owner and lienholder of the land. (5) An accurate on -the -ground boundary survey of the property with bearings and distances and showing the lines of all adjacent land, streets, easements, and alleys with their names and width. (Streets, alleys and lot lines in adjacent subdivision shall be shown dotted). All necessary data to reproduce the plat on the ground must be shown on the plat. -3- (6) Certificate of approval to be signed by the Chairman and Secretary of the City Planning Commission shall be placed on the face of the plat. (7) Two sets of plans and specifications for water, sewer, paving, and drainage prepared by a registered engineer, which must be approved by the Director of Public Works (City Engineer) prior to the beginning of any construction of the subdivision. (8) Guarantee of performance If the subdivider chooses to construct the required improve- ments prior to recordation of the final plat, all such construc- tion shall be inspected while in progress by the City Engineering Department and must be approved upon completion by the Director of Public Works. A certificate by such officer stating that the construction conforms to the specifications and standards con- tained in or referred to herein must be presented to the Planning Commission prior to filing of the final plat. If the subdivider chooses to file security in lieu of com- pleting construction prior to final plat filing, he may utilize one of the following methods of posting security. If the sub- divider chooses to file security, the plat shall not be filed unless the subdivider has done one of the following: (i) Performance Bond. Has filed with the Planning Commission a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City of Baytown, on the form provided by the city, in an amount equal to the cost of the improvements required by this chapter and within the time for completion of the improvements as estimated by the Director of Public Works. The performance bond shall be approved as to form and le- gality by the City Attorney; or (ii) Trust Agreement. Has placed on deposit in a bank or trust company in the name of the city, and approved by the City of Baytown, in a trust account a sum of money equal to the estimated cost of all site improvements required by this chapter, the cost and time of completion as estimated by the Director of Public Works. Selection of the trustee shall be subject to approval by the City of Baytown and the trust agreement shall be executed on the form pro- vided by the City and approved as to form and legality by the City Attorney; or (iii) Unconditional Guarantee from _bank _or federally insured savings and loan association or other financial institution as ap2roved bX the City of Baytown. Has filed with the Manning Commission a letter on the form provided by the City, signed by a principal officer of a bank or federally insured savings and loan association or other financial in- stitution, acceptable to the City of Baytown, agreeing to pay to the City of Baytown, on demand, a stipulated sum of money to apply to the estimated costs of installation of all improvements for which the subdivider or developer is respon- sible under this chapter. The guarantee payment sum shall be the estimated costs and scheduling as prepared by the Director of Public Works. The letter shall state the name of the subdivision and shall list the improvements which the subdivider or developer is required to provide. -4- The subdivider, or developer, shall guarantee that all ma- terials and workmanship in connection with the improvements required under this chapter are free of defects for a period of one year after acceptance of the improvements by the Director of Public Works. The subdivider, or developer, if using construction contractors for furnishing the materials and/or installing the improvements required under this chapter, shall require that all contracts in- clude such a guarantee. If one of the above three types of security is filed by the subdivider under paragraph 2 of this subsection, the Director of Public Works shall inspect the construction of the improvements while in progress, and he shall inspect such improvements upon completion of construction. After final inspection, he shall notify the subdivider and the City Attorney in writing as to his acceptance or rejection of the construction. He shall reject such construction, only if it fails to comply with the standards and specifications contained or referred to herein. If he rejects such construction, the City Attorney shall, on direction of the City Council, proceed to enforce the guarantees provided in this subsection. Where good cause exists, the Director of Public Works may extend the period of time for completion under paragraph (2) of this sub- section. Such extension of time shall be reported to the Planning Commission and recorded in the minutes. No such extension shall be granted unless security as provided in said paragraph (2) has been provided by the subdivider covering the extended period of time. (9) A letter from the servicing utility companies stating that the plat includes the easements required by them in the furnishing of utilities to this and future subdivisions. (10) Two copies of deed restrictions. (11) If any part of the plat lies in a flood hazard area, then one -foot contour lines shall be shown on the plat and the 100 -year flood elevation contour shall be drawn with a very heavy line and de- signated. The plat shall also show the following statement in print equal in size to the certificates of approval: "Parts of this plat lower than the 100 -year flood elevation have a one per- cent (1%) chance each year of being inundated by flooding." Section 3: 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 4: Savings Clause: If any provision, section, exception, subsec- tion, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconsti- tutional, 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 5: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the llth day of January, 1973. C Z v %. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: 7&4-/ NEEL RIC AR SON, City Attorney N