Ordinance No. 2,505_CJ - '? - I Y - 71
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ORDINANCE NO. 2505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 27, "SUBDIVISION," AS PRESENTLY
CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER
27, "SUBDIVISIONS," REGULATING THE SUBDIVISION OF LAND
IN THE CITY OF BAYTOWN, AND IN THE PLANNING AREA AND
ITS EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN;
REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION
OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE; ESTAB-
LISHING MINIMUM SUBDIVISION DESIGN STANDARDS; PROVIDING
MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE
MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO
BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING
THESE RULES, REGULATIONS AND STANDARDS; PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of Baytown,
Texas, finds that the unregulated development of property
within the City, its planning area, and its extraterritorial
jurisdiction poses a threat to the health, safety, and
welfare of persons residing within and adjacent to the City
of Baytown; and
WHEREAS, this Council finds strict compliance with the
design standards and rules set out herein is necessary for
orderly development within the City and that area herein
designated as the Baytown Planning Area, which the City
shall likely annex and provide municipal services; and
WHEREAS, the requirement of certain drainage improvements
in areas outside the City or its planning area may, in some
instances, not be justified by the costs involved; and
WHEREAS, the following regulations are necessary to
provide orderly development and to secure adequate provision
for light, air, recreation, transportation, water, drainage,
sewage, and other facilities: NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
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Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by repealing the provisions
of Chapter 27, "Subdivision," as they presently exist 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 of the City of
Baytown, Texas is hereby amended by the addition of a new
Chapter 27, "Subdivisions," which shall read as follows, to-
wit:
(SEE EXHIBIT "A ")
Section 3: Repealing Clause: All ordinances or parts
of ordinances inconsistent with the
are hereby repealed; provided, howe
shall be only to the extent of such
other respects this ordinance shall
ordinances regulating and governing
covered by this ordinance.
terms of this ordinance
ver, that such repeal
inconsistency and in all
be cumulative of other
the subject matter
Section 4: Savings Clause: If any provision, section,
exception, subsection, 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 unconstitu-
tional, 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: Penalty Clause: A person adjudged guilty
of an offense as defined in this chapter shall be punished
by a fine not to exceed Two Hundred ($200) Dollars. Each
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day an offense is committed shall constitute a separate
offense.
Section 6: 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, this the 13th
day of July , 1978.
EMMETT 0. HUTTO, Mayor
ATTEST:
P_
EILEEN P. HALL, City Clerk
APPROVED:
SCOTT BOUNDS, City Attorney
0911
CHAPTER 27
SUBDIVISIONS
ARTICLE I. IN GENERAL
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Sec. 27 -1. Scope of Chapter.
These regulations shall govern every person, firm, associa-
tion or corporation owning any tract of land within the city
limits, the planning area, or extraterritorial jurisdiction
of the City of Baytown who may hereafter divide the same
into two or more parts for the purpose of laying out any
subdivision of any tract of land or any addition to said
city, or for laying out suburban lots or building lots, or
any lots, streets, parks or other portions intended for
public use, or the use of purchasers or owners of lots
fronting hereon or adjacent hereto and has not yet presented
such subdivision plans to the Commission. The following
regulations are adopted to control the subdivision of land
within the corporate limits, the planning area, or the
extraterritorial jurisdiction of the City of Baytown in
order to provide for the orderly development of the areas
and to secure adequate provision for light, air, recreation,
transportation, water, drainage, sewage, and other facilities.
Sec. 27 -2. Definitions.
(a) Subdivisions.
(1) The division of a tract or parcel of land into six
(6) or more parts, lots, or parcels for the purpose
of transfer of ownership or building development,
whether immediate or future; or
(2) Any division of a parcel of land if any portion is
intended for public use or use of purchasers or
owners adjacent thereto, or if a new street is
involved;
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(3) Provided, however, that a division of land which
may be ordered or approved by a court or effected
by testamentary or intestate provisions, or a
division of land into lots or parcels of two (2)
acres or more and not involving a new street shall
not be deemed a subdivision.
(4) The term includes resubdivision and, when appropriate
to the context, shall relate to the process of
subdividing or to the land subdivided.
(b) Re- subdivision. The division or alteration of a tract
or parcel of an existing subdivision, excepting lot consoli-
dation and lot line adjustment.
(c) Plat. A map or chart of the subdivision. It shall
include plan, plat, or replat, in both singular and plural.
(d) Commission. The City of Baytown Planning Commission.
(e) Major Thoroughfares or Arterials. All streets so
indicated on the thoroughfare plan, same being on file with
the Director of Planning and Traffic.
(f) Collector Streets. Those streets so indicated on the
thoroughfare plan, same being on file with the Director of
Planning and Traffic.
(g) Minor or Residential Streets. All other streets not
otherwise indicated.
(h) Lot Consolidation. The incorporation of a number of
lots into fewer lots, each of a larger size than the original
lots.
(i) Lot Line Adjustment. A minor change in lot line location.
(j) Outdoor Living Area. Common outdoor area designed to
provide a more pleasant and healthful environment for the
occupants of a dwelling unit and the neighborhood in which
such dwelling unit is located. It includes natural ground
areas, patios, terraces, or similar areas developed for
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active or passive recreational activities. No more than ten
(107o) percent of outdoor living area may be utilized for
streets, alleys, driveways, or any area designed for the
operation or storage of motor vehicles or trailers.
(k) Lot. A parcel or portion of land in a subdivision or
plat of land, separated from other parcels or portions by
description as on a subdivision or record of survey map or
by metes and bounds, for the purpose of sale or lease to, or
separate use of, another.
(1) Extraterritorial jurisdiction. That land within 3A
miles of the corporate limits of the City of Baytown, or as
otherwise established by state law.
(m) Planning area. That land within the extraterritorial
jurisdiction of the City of Baytown and within one half (J)
mile of the city limits proper from Burnett Bay eastward to
Cedar Bayou stream, excluding all ten (10) foot strips.
Sec. 27 -3. Enforcement; Penalties.
(a) No map or plat of any subdivision or re- subdivision
within the city, its planning area, or its extraterritorial
jurisdiction, shall be filed or recorded unless and until
the same has been authorized by the Commission.
(b) It shall be unlawful for any owner or agent of any
owner of land to lay out, subdivide, plat or replat any land
into lots, blocks and streets within the city, its planning
area, or its extraterritorial jurisdiction without the
approval of the Commission.
(c) It shall be unlawful for any owner or agent of any
owner of land to offer for sale or sell property within the
city, its planning area, or its extraterritorial jurisdiction
which has not been laid out, subdivided, platted or replatted
as required by this chapter.
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(d) The city will withhold all city improvement of whatso-
ever nature, including the maintenance of streets, the
furnishing of sewage facilities, and water service from all
additions and subdivisions which have not been approved by
the Commission.
(e) No street number and no building permit shall be
issued for the erection of any building in the city on any
piece of property other than an original or a re- subdivided
lot in a duly approved and recorded subdivision without the
written approval of the Commission.
(f) In the event any provision of this chapter is violated
within the city, its planning area, or its extraterritorial
jurisdiction, the city may institute any appropriate action
or proceedings in the district court to enjoin the violation
of this chapter.
Sec. 27 -4. Land use restrictions within subdivision.
(a) The legal department of the City of Baytown is hereby
authorized to file suit or become a party to a suit on
behalf of the city in any court of competent jurisdiction
for the purpose of enjoining or abating the violation of a
restriction contained or incorporated by reference in any
plan, plat, replat, or other instrument affecting a subdivision
within the city limits of the City of Baytown which instrument
is heretofore or hereafter duly recorded in the records of
the county clerk of the county in which the subject property
is situated and which restriction protects or tends to
protect the residential character of the neighborhood where
the subject property is situated; provided, however, that
after a careful investigation of the facts and of the law,
or either, if in the opinion of the City Attorney no legal
cause of action could be alleged and proved, then in such
event, the city shall not file or become a party to a suit.
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(b) The word "restriction" as used in this section, shall
be construed to mean a limitation which affects the use to
which real property may be put, fixes the distances buildings
or structures must be set back from property lines, street
lines, or lot lines, or affects the size of a lot or the
size, type and number of buildings or structures which may
be built on the property.
Sec. 27 -5. Appeal of Commission Decision.
(a) Any person shall have the right to appeal any decision
of the Commission to the City Council of the City of Baytown
by making written request to the City Manager. Such request
must be filed with the City Manager within fifteen (15) days
after such person has been notified of the decision of the
Commission on the matter involved.
(b) No person shall have any right to appeal for relief to
any Court in regard to any matter covered by this chapter
until after such person has exhausted the appeal procedure
provided for in this chapter.
ARTICLE II. PLATTING PROCEDURE
Sec. 27 -18. Departmental Review (Stage One).
There shall be a three stage review process for plats
required to be submitted to the Commission for approval,
consisting of a Departmental Review (Stage One), Preliminary
Approval (Stage Two), and Final Approval (Stage Three).
(a) Departmental Review. The owner, or his authorized
agent, shall submit to the Department of Planning and Traffic,
a plot plan, drawn to a scale not less than 1" = 100' (pref-
erably the scale of 1" = 20' or 1" = 60'). The developer
and the 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
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issue, the applicant, by request, or the staff, may take
this pre - preliminary information to the Commission for their
determination.
If the staff and applicant reach a satisfactory agreement,
the applicant may proceed to prepare data for Stage Two -
Preliminary Approval.
(b) Preliminary Approval Application. 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 staff and
filed with said department. Applications 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, major
landscaping features; relevant operational data,
drawings and /or elevations clearly establishing
the scale, and open space. Such development
plan shall include maps and information on the
surrounding area within four hundred feet (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
elevation 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 determined by
the City Engineer. The base data shall be
clearly indicated and shall be compatible to
city datum, if bench marks are not adjacent.
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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 development schedule demonstrating that the
developer intends to commence construction within
one year after the approval of the final development
plan, and will proceed diligently to completion.
(4) If it is proposed that the final plan will be
executed in stages, a schedule thereof shall be
required.
(c) The required data shall be submitted to the Director
of Planning and Traffic not less than seven (7) days prior
to the Commission meeting at which preliminary approval is
sought.
Sec. 27 -19. Preliminary Approval (Stage Two).
(a) The application for preliminary approval shall be
considered by the Commission in a public meeting.
(b) The Commission shall determine whether the proposal
conforms to city and other applicable regulations, and may
approve or disapprove the application and the accompanying
preliminary development plan or require such changes therein
or impose such conditions of approval as are in its judgment
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necessary to ensure conformity to said regulations. Should
action not be taken within thirty (30) days after filing,
the application and preliminary development plan shall be
deemed approved unless said time has been extended by the
Commission and/or the developer.
(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.
Sec. 27 -20.1. Engineering Report (Stage Two).
Developers shall file three (3) copies of the engineering
plans with the Director of Planning and Traffic. After the
filing of the preliminary development plan, the Director of
Planning and Traffic shall forward the plan to the Director
of Public Works and the City Engineer for review of public
improvements, including streets, utilities, and drainage.
The Commission shall not act on a final plat until it has
first received a written report from the Director of Public
Works and the City Engineer.
Sec. 27 -21.2. Final Approval (Stage Three).
(a) Within one hundred and eighty (180) days after prelim-
inary approval and within thirty (30) days of submission of
the final plan, the Commission shall examine such plat and
determine whether it conforms to all applicable criteria and
standards and whether it conforms in all substantial respects
to the previously approved plat.
(b) The final plat shall be submitted to the Director of
Planning and Traffic at least seven (7) days prior to the
Commission meeting at which final approval is sought and
accompanied by the final filing fee as prescribed in the Fee
Schedule, Sec. 27 -22.
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(c) Three sets of plans and specifications for water,
sewer, paving, and drainage prepared by an engineer registered
in Texas, which must be approved in writing by the Director
of Public Works and City Engineer, and shall be submitted
prior to the beginning of any construction of the subdivision.
(d) The final plat 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 and Traffic.
(2) A title including name of subdivision, owner or
owners and the certification of licensed land
surveyor or registered engineer or registered
public surveyor responsible for the plat, and the
scale and location of the subdivision with reference
to original land grants or surveys, the data and
north point.
(3) A certificate of ownership and dedication of all
streets, easements, parks, and playgrounds to
public use forever, signed and acknowledged before
a notary public by the owner and the lienholder of
the land.
(4) An accurate on- the - ground boundary survey of the
property with bearings and distances and showing
the lines of all adjacent land, streets and easements
with their names and width. (Streets 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.
(5) Certificate of approval to be signed by the chairman
and secretary of the Commission shall be placed on
the face of the plat.
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(6) All construction shall be inspected while in
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progress by the City Engineering Department and
must receive final approval upon completion by the
City Engineer and Director of Public Works. A
letter by such officers stating that the construction
conforms to the specifications and standards
contained in or referred to herein must be presented
to the Commission prior to filing of the final
plat. If the subdivider chooses to file security
in lieu of completing construction prior to final
plat filing, he may utilize one of the following
methods of posting security. If the subdivider
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 Department
of Planning and Traffic 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 City Engineer. The perfor-
mance bond shall be approved as to form and
legality 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 City Engineer.
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Selection of the trustee shall be subject to
approval by the City of Baytown and the trust
agreement shall be executed on the form
provided 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 approved by the City
of Baytown. Has filed with the 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 institution, 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 responsible
under this chapter. The guarantee payment
sum shall be the estimated costs and scheduling
as prepared by the City Engineer. The letter
shall state the name of the subdivision and
shall list the improvements and amounts which
the subdivider or developer is required to
provide.
(iv) Cashiers or certified check. Has filed with the
Department of Planning and Traffic a cashiers
or certified check payable to the City of Baytown
in an amount equal to the cost of the improvements
required by this chapter.
After final inspection, the City Engineer and Director of
Public Works shall notify the subdivider and the City Attorney
in writing as to their acceptance or rejection of the construction.
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If accepted, the security is released. They shall reject
such construction, only if it fails to comply with the
standards and specifications contained or re- referred to
herein. If they reject such construction, the City Attorney
shall proceed to enforce the guarantees provided in this
section. The Commission may approve partial releases of the
security retained by the City upon partial acceptance by the
City Engineer and Director of Public Works of required
improvements. Where good cause exists, the City Engineer
may extend the period of time for completion under paragraph
(6i, ii, iii, iv) of this section. Such extension of time
shall be reported to the Commission and recorded in the
minutes. No such extension shall be granted unless security
as provided in said paragraph (6i, ii, iii, iv) has been
provided by the subdivider covering the extended period of
time.
(7) 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.
(8) Two copies of deed restrictions.
(9) If any part of the plat lies in a flood hazard
area, then one -foot contour lines shall be drawn
with a very heavy line and designated. 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 food
elevation have a one percent (176) chance each year
of being inundated by flooding."
Sec. 27 -22. Filing Fee for Plats.
(a) All applications to the Commission for the approval of
any proposed plat required to be submitted to the Commission,
shall be submitted to the Planning Department and shall be
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accompanied by a filing fee of Fifty and No /100 ($50.00)
Dollars applicable to the final fee. Applicants shall also
furnish to the planning department additional fees as determined
in conformance with the following schedule and the Commission
shall not act upon any plat submitted to it unless all fees
as provided herein have been received. Preliminary fees
shall cover a maximum of 180 days.
(b) Final Plat. One and No /100 ($1.00) Dollar per dwelling
unit plus Five and No /100 ($5.00) Dollars per acre for other
uses, but not less than Fifty and No /100 ($50.00) Dollars.
(c) Vacation of Subdivisions. Twenty -five and No /100
($25.00) Dollars filing fee, plus Fifteen and No /100 ($15.00)
Dollars per acre (gross area of whole tract).
Sec. 27 -23. Lot Consolidation and Lot Line Adjustment.
(a) Lot consolidation or adjustment may be accomplished
without replatting, provided the appropriate regulations are
followed.
(b) Lot Consolidation Regulations.
(1) Lot consolidation may be made without replatting
when approved by the Commission, on recommendation
of the Director of Planning and Traffic.
(2) Normally, no more than three (3) lots shall be
affected by the proposed lot consolidation.
(3) No such adjustment shall alter any public right-
of -way or public easement.
(c) Lot Line Adjustment Regulations.
(1) Lot line adjustments may be made without replatting
when approved by the Commission on recommendation
of the Director of Planning and Traffic provided
there is concurrence of all owners of property
affected by the lot line adjustment.
(2) The proposed adjusted lot line is a single, straight
line or is parallel to the existing lot line.
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(3) The lot line adjustment is not more than a maximum
of ten (10) feet average relocation of the existing
lot line.
(4) The lot line adjustment shall not be inconsistent
with any provision of recorded subdivision restric-
tions or convenants.
(5) No more than two (2) lots are affected.
(d) Procedure.
(1) The following shall be submitted to the Director
of Planning and Traffic seven (7) days prior to
the Commission meeting at which action is sought:
(i) Completed application for Lot Line Adjustment
form accompanied by a filing fee of Twenty and
No /100 ($20.00) Dollars.
(ii) Copies of deeds and restrictive convenants to
all lots involved.
(iii) Scale drawing on legal size paper showing all
lots and structures involved, as platted, and
as desired.
(2) Action of the Commission shall be final and no
proposal regarding the same lots shall be considered
for a period of six (6) months.
ARTICLE III. OTHER DEVELOPMENTS
Sec. 27 -31. Planned Unit Developments.
(a) The purpose of this section is to encourage the appro-
priate development of tracts of land of sufficient size to
allow comprehensive planning and to provide flexibility in
the application of certain regulations in a manner consistent
with the general provisions of the city regulations.
(b) Approval of, and eligibility for the application of
this section shall be determined by the Commission. Generally,
the site shall include not less than four acres of contiguous
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land, unless the Commission finds that the property of less
than four acres is suitable by virtue of its unique historical
character, topography, or other natural features, or by
virtue of its qualifying as an isolated problem area.
(c) The minimum lot area, width, frontage and yard require-
ments for single - family residences otherwise applying shall
not dictate the strict guidelines for development of the
planned unit development. Minimum lot area, in this case,
may be reduced only by the provision of outdoor living area,
such that the total outdoor living areas, when added to the
area in single lots, produces lots with a minimum area of
not less than five thousand four hundred (5,400) square feet
for each lot.
(d) Whenever Outdoor Living Area is provided, the Commission
shall require that an association of owners be created,
which shall adopt such articles of incorporation and by -laws
and impose such declaration of convenants and restrictions
on such Outdoor Living Areas that are acceptable to the city
legal department. Said association shall be formed for the
purpose of maintaining all common areas. Such an association,
if required, may undertake other functions. It shall be
created in such manner that owners of property shall automat-
ically be members and shall be subject to assessments levied
to maintain said common area for the purposes intended. Any
dedication of fire lane, utility, or flood control easements
shall be maintained by the association.
Sec. 27 -32. Condominiums.
(a) It shall be unlawful for any developer or agent of any
developer to offer for sale or sell any structure or building
or offer for sale or sell any unit or units of a condominium
project without the approval of the Commission.
(b) Definitions
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(1) "Condominium" means the separate ownership of
single units or apartments in a multiple unit
structure or structures with any common element.
(2) "Condominium project" means a real estate condominium
project; a plan or project whereby four (4) or
more apartments, rooms (office spaces), or other
units in existing or proposed buildings or structures
are offered or proposed to be offered for sale.
(3) "Condominium regime" means the declaring, through
the recordation of a master deed, lease, or declara-
tion, the intent to submit their property to joint
ownership as a condominium.
(4) "Developer" means a person who undertakes to
develop a real estate condominium project.
(5) "Unit" means an enclosed space consisting of one
(1) or more rooms occupying all or part of a floor
in a building of one (1) or more floors or stories
regardless of whether it be designed for residence,
for business office, or for any other type of
independent use, provided it has a direct exit to
a thoroughfare or to a given common space leading
to a thoroughfare.
(6) "Townhouse -type dwelling unit" means a structure
which is one or a series of dwelling units designed
for single - family occupancy, which dwelling units
are structurally connected or immediately adjacent
to each other without side yards betwceen individual
dwelling units.
(7) "Apartment -type dwelling unit" means those structures
designed for or to be used for occupancy by more
than three (3) families, or those units having
more than two (2) points or areas of attachment
with other dwelling units, except that units located
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on the ends of structures shall have more than one
(1) common point or area of attachment.
(8) "Co- owner" means a person, firm, corporation,
partnership, association, trust or other legal
entity, or any combination thereof, who owns a
unit or units within the condominium project.
(9) "Council of co- owners" means the association of
unit owners which administers and maintains the
common property and common elements of the condo-
minium regime.
(10) "General common elements" means and includes:
(i) The land, whether leased or in fee simple, on
which the building stands;
(ii) The foundations, bearing walls and columns,
roofs, halls, lobbies, stairways, and entrances
and exits or communication ways;
(iii) The basements, flat roofs, yard, and gardens,
except as otherwise provided or stipulated;
(iv) The premises for the lodging of janitors or
persons in charge of the building, except as
otherwise provided or stipulated;
(v) The compartments or installation of central
services such as power, light, gas, cold and
hot water, refrigeration, central air conditioning
and central heating, reservoirs, water tanks
and pumps, swimming pools, and the like;
(vi) The elevators and shafts, garbage incinerators
and, in general all devices or installations
existing for common use; and
(vii) All other elements of the building desirable
or rationally of common use or necessary to
the existence, upkeep and safety of the con-
dominium regime, and any other elements described
in the declaration.
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(c) Townhouse -type dwelling units
A proposed condominium project consisting of townhouse-
type dwelling units shall in addition to the requirements of
this section, comply with all townhouse subdivision regulations
and any amendments thereto.
(d) Apartment -type dwelling units
A proposed condominium project consisting of apartment-
type dwelling units shall, in addition to the requirements
of this section, comply with all fire lane easement regulations
and any amendments thereto.
(e) Procedure for approval
(1) Every developer, sole owner, or the co- owners of a
building or buildings or proposed building or
buildings within the city, its planning area, or
its extraterritorial jurisdiction who expressly
declare, through the recordation of a master deed,
lease, or declaration, their desire to submit
their property to a condominium regime shall file
a plat of such land with the Commission for its
approval in conformance with the standard rules of
such Commission and dedicating public streets,
easements, and all other dedications and convenants
required herein and in Chapter 27 (Subdivisions).
(2) Such map or plat shall accurately describe the
entire area or tract of land upon which said
building or buildings are located or are to be
constructed and shall indicate the location of all
public streets, buildings, easements, and common
area. Such map or plat shall be prepared in
conformance with the requirements and rules of the
Commission and shall be submitted according to
Chapter 12 (Fire Prevention and Protection) and
Chapter 27 (Subdivisions).
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(3) In addition to such map or plat, said person shall
file the Declaration of Convenants, Conditions,
and Restrictions establishing a condominium regime
with the Commission. Such declaration shall
contain:
(i) The legal description of the land, which
description shall be depicted by a plat showing
the land involved and the location of each
building or proposed building to be located
thereon. Each building to be denoted by
letter, viz: A, B, C, etc.
(ii) The general description and the number of each
apartment, expressing its square footage,
location, and any other data necessary for its
identification, which information will be
depicted by a plat of such floor of each
building showing also the letter of the building,
and number of the floor and the number of the
apartment.
(iii) The general description of each garage, carport,
or any other area to be subject to individual
ownership and exclusive control; which information
will be depicted by a plat showing such garage,
carport, or other area appropriately lettered
or numbered.
(iv) The description of the general common elements
less paragraph (1) above.
(v) The description of the limited common elements.
(vi) The fractional or percentage interest which
each apartment bears to the entire condominium
regime, the sum of which shall be one (1) if
expressed in fractions and one hundred (100)
if expressed in percentages.
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(vii) Any further provisions, matters, or convenants
desired.
(4) To insure the proper administration of the condominium
regime and the creation of a council of co- owners,
the developer shall submit the by -laws of the
condominium project to the Commission for their
review.
Sec. 27 -33. Townhouse Subdivision.
(a) Definitions
(1) Townhouse shall mean a structure which is one of
a series of dwelling units designed for single -
family occupancy, which dwelling units are struc-
turally connected or immediately adjacent to each
other without side yards between individual dwelling
units.
(2) Townhouse subdivision shall mean to those developments
in which it is proposed to partition land into
individual lots and construct townhouses which may
be individually owned and where the minimum lot
sizes are to be less than those required under
Section 27 -36 of this chapter.
(3) Interior street shall mean public streets not more
than 600 feet long within a "townhouse subdivision"
which street is located and designed to serve a
limited area within such subdivision and shall not
serve other properties outside the subdivision.
(4) Access street shall mean those public streets
within or bounding a "townhouse subdivision" which
serve a townhouse subdivision and other adjacent
property.
(5) Open space shall mean private property under
common ownership designated for recreation area,
private park (for use of property owners within
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the subdivision) play lot area, plaza area, building
setbacks (other than those normally required), and
ornamental areas open to general view within the
subdivision. Open space does not include streets,
alleys, utility easements, and required building
setbacks.
(6) Parcel shall mean that tract of land proposed to
be developed and owned in fee by the developer.
(b) Townhouse Subdivision Requirements
Any person proposing or intending to develop a townhouse
subdivision within the city, its planning area, or its
extraterritorial jurisdiction, shall, before any building
permit is issued, cause a plat of such townhouse subdivision
to be approved by the Commission, which plat shall be in
conformance with all of the provisions of this chapter,
except to the extent that such provisions are inconsistent
with the following requirements, which shall control with
regard to townhouse subdivisions:
(1) Streets
(i) Interior streets shall have a minimum right-
of -way width of 50 feet and shall be developed
with a minimum 29 -foot paving section with
concrete curbs and gutters in accordance with
standards set forth in Article IV of this Code
of Ordinances.
(ii) Access streets shall have a minimum right -of-
way width of 60 feet and shall be developed
with a minimum 39 -foot paving section with
concrete curbs and gutters in accordance with
such standards.
(iii) All "townhouse subdivisions" shall have a
direct access from at least one dedicated and
accessible public street having a right -of -way
width of not less than fifty (50) feet.
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(2) Building Setback Lines
(i) Building setback lines of 20 feet shall be
required on all lots fronting or backing on an
access street.
(ii) Building setback lines of 10 feet shall be
required on all lots siding on access streets
or upon a plat boundary.
(iii) No building lines shall be required on the
sides of lots abutting interior streets,
except where traffic safety or other factors
necessitate the establishment of such setback.
(iv) Where townhouse lots and dwelling units are
designed to face upon an open or common access
court rather than upon a public street, said
open or common court shall be at least forty
(40) feet wide and not more than two hundred
(2001) feet long, measured from the public
street upon which the court must open. Said
court may not include vehicular drives or
parking area in front of dwelling units.
(3) Lots
(i) Lot area shall be a minimum of 2,500 square
feet, except as provided herein below.
(ii) Lot width shall be a minimum of 24 feet,
except as provided herein below.
(iii) If side yards are provided along interior lot
lines, the side yard of each abutting lot
shall be at least five (51) feet so that there
shall be at least ten (101) feet between all
adjacent buildings without a common wall.
Side yards provided along a lot siding on an
access street or along the boundary of the
plat shall be at least ten (101) feet.
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(iv) Dwelling units shall be constructed up to
interior side lot lines without side yards
and windows shall not face an interior side
lot line without a side yard. Windows may
face a side lot line if the side wall of the
dwelling unit is at least 10 feet from an
adjacent building across an interior lot
line.
(v) Lot size may be reduced under the provision
Open space
Per Dwelli:
0 square
100 square
200 square
250 square
that open space, as defined herein, is provided
according to the following schedule:
For every 100 square feet of open space per
lot provided, the minimum lot area may be
reduced by 200 square feet and the width of
the lot may be reduced as shown below. No
lot shall, however, have a lot area of less
than 2,000 square feet or a width of less
than 20 feet.
provided
ag Unit Lot
feet
feet
feet
feet
Minimum
Minimum
Lot
Area
Lot Width
2,500
square
feet
24 feet
2,300
square
feet
23 feet
2,100
square
feet
21 feet
2,000
square
feet
20 feet
Open space must be provided in increments as shown
above, and credit will not be allowed on a
proportionate basis. The dedication, location,
and use of open space shall in all cases be
subject to the approval of the Commission.
(4) Density Standard
The maximum density shall not exceed eight (8)
dwelling units per parcel acre, except that:
(i) Credit may be given for up to one -half of any
abutting permanent open space in computing the
developer's parcel acreage. Examples of
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"permanent open space" would be an existing
public park or flood control drainage easement.
Land in private ownership or in public street
right -of -way does not constitute "permanent
open space ". The determination of "permanent
open space" eligibility shall rest with the
Commission.
(ii) Consideration may be given for townhouse
subdivisions proposed in areas which are
primarily commercial in nature or areas which
are primarily devoted to multi - family dwelling
projects at the time the plat is submitted,
and where the townhouse subdivision has direct
access to a major thoroughfare capable of
handling the increased traffic volume generated.
In general, property with direct access to and
within 300 feet of a designated major thoroughfare
shall qualify as a commercial area, as well as
other areas that the Commission determine to
be primarily commercial in nature. The determina-
tion of whether an area is "primarily commercial"
or "primarily multi - family" shall rest solely
with the Commission.
(iii) The provisions of sub - paragraphs (i), (ii),
(iii), and (iv) of this section shall apply to
all townhouse subdivisions regardless of the
density approved by the Commission.
(5) Screening Walls
Where townhouse lots are backing or siding upon an
existing public street, a 2 -foot -wide private
easement shall be provided abutting the street and
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a masonry wall not less than six (6') feet high
shall be constructed upon the easement to provide
a visual screen.
ARTICLE IV. GENERAL STANDARDS
Sec. 27 -41. Streets.
(a) The street pattern of a neighborhood should provide
adequate circulation within the subdivision and yet discourage
excessive through traffic on local streets.
(b) Major street locations, alignments, widths, and cross-
sections shall be determined by the Commission.
(c) Designated major streets shall be dedicated by the
developer in accordance with the current Major Thoroughfare
Plan on file in the office of the Director of Planning and
Traffic. Developers seeking an exception to this requirement
must show reasonable evidence that, (1) the thoroughfare
will provide no benefit to their development, or (2) the
size or shape of the parcel is such that right -of -way in
excess of 60 feet will physically prevent the use proposed
for the parcel. The developer shall pave with curb and
gutter, both sides of a major throughfare along which he
retains commercial acreage abutting the right -of -way. Where
the developer proposes residential development along the
major thoroughfare, the city may participate to the extent
of one -half the paving and drainage cost along the residential
section.
Example 1: A developer plats a subdivision containing a
portion of a major street, but retains commercial frontage
on both sides of the street right -of -way. He would be
required to pave both sides of the dual 24 -foot pavement.
Example 2: A developer plats a subdivision containing a
portion of a major street with residential lots on both
sides of the street. The city may participate in the paving
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and drainage to the extent of one 24 -foot pavement and one -
half the drainage cost of the lots abutting the major street.
Example 3: A developer plats a subdivision containing a
portion of a major street with one side commercial and one
side residential. The city may participate to the extent of
one -half the paving and drainage cost of the street. (For
example the city may pay for 12 feet of paving plus one -half
of any storm sewer serving the residential side of the
street).
(d) Right -of -way width (from Engineer Standards).
(e) Street Curves.
(1) Curves in major streets are to have a center line
radius of 2,000 feet or more with exceptions to
this standard granted only by the Commission.
(2) Reverse curves are to be separated by a minimum
tangent of 100 feet.
(3) Curves in minor or residential streets are to have
a center line radius of 300 feet or more unless
unusual circumstances prevent it. Under no circum-
stances shall the radius be less than 150 feet.
(4) Collector streets are to have a center line radius
of 800 feet or more with exceptions to this standard
granted only by the Commission.
(f) Intersections.
(1) All streets, major, collector or minor, are to
intersect at 90- degree angles. Variations must be
approved by the Commission.
(2) Acute angle intersections approved by the Commission
are to have 25 -foot radii at acute corners.
(3) Street offsets, when approved by the Commission,
shall be a minimum distance of 125 feet on center
line.
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(g) Cul -de -sac (Dead -End Streets with Turn - Arounds).
(1) Turn - arounds are to have a minimum right -of -way
radius of 50 feet for a single - family use and 60
feet for apartments, commercial, or other uses,
except that turn - arounds where other than curb and
gutter development is used shall have minimum
right -of -way radius of 60 feet adjacent to land to
be used for single - family residence and 70 feet
adjacent to land to be used for other than single -
family residence.
(2) Maximum length of a dead -end street with a permanent
turn - around, 800 feet.
(3) Temporary turn - arounds are to be used only where
curb and gutter is not installed at the end of a
street more than 400 feet long that will be extended
in the future. Base of turn - arounds to comprise
six (6) inch stabilization with asphaltic topping.
(4) Note for Temporary Turn - Around. "Cross- hatched
area is temporary easement for turn- around until
street is extended (directional) in a recorded
plat."
(h) Block Length.
(1) Maximum block length for residential, 2,400 feet
measured along the center of the block, or 1,200
feet from each intersection except under special
conditions and upon approval by the Commission.
(2) Maximum block length along a major thoroughfare,
3,000 feet or 1,500 feet from each intersection
except under special conditions and upon approval
by the Commission.
(i) Partial or half- streets. Partial or half- streets may
be provided where the Commission feels that a street should
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be located on a property line. Inside the city limits, the
partial street may be dedicated, with a one -foot reserve in
fee along the property line. Outside the city limits, the
following note shall be used on such partial streets:
"This foot strip is dedicated as an easement for
all utility purposes including storm and sanitary sewers and
shall automatically become dedicated for street purposes
when and insofar as a
so dedicated."
foot strip adjacent to it is
(j) Reserves. Provisional one -foot reserve to be used
along the side or end of streets that abut acreage tracts,
as follows: "One -foot reserve dedicated to the public in
fee as a buffer separation between the side or end of streets
in subdivision plats where such streets abut adjacent acreage
tracts, the condition of such dedication being that when the
adjacent property is subdivided in a recorded plat, the one -
foot reserve shall there -upon become vested in the public
for street right -of -way purposes (and the fee title thereto
shall revert to and rest in the dedicator, his heirs, assigns,
or successors)."
(k) Temporary Right -of -way. To be used to comply with
Harris Road Law requiring minimum street width of 60 feet,
as follows: "Cross- hatched strip feet wide to be
temporarily dedicated for street purposes and will revert to
the adjacent lot owners upon and to the extent of the
acquisition of feet for street purposes on the
opposite side of the street."
(1) Street Names.
(1) Proposed new names shall be submitted to the
Director of Planning and Traffic for approval
prior to the submittal of final plat.
(2) Names shall be continuations of existing street
names adjacent to or on line with proposed streets.
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(m) Engineering Data (Premilinary Plats to have approximate
data).
(1) Streets
(i) Complete curve data (L, R, PC, PT) shown on
center line or each side of street.
(ii) Length and bearings of all tangents.
(iii) Dimensions from all angle points and points of
curve to an adjacent side lot line.
(2) Lots: Complete bearings and dimensions for front,
rear, and lot lines.
(3) Water Courses and Easements.
(i) Distances to be provided along the side lot
lines from the front lot line to the point
where the side line crosses the drainage
easement line or the high bank of a stream.
(ii) Traverse line to be provided along the edge of
all large water courses in a convenient location,
preferable along a utility easement if paralleling
the drainage easement or stream.
Sec. 27 -42. Sidewalks.
Sidewalks shall be provided in all subdivisions and constructed
as required by Chapter 26 of the Code of Ordinances of the
City of Baytown, Texas.
Sec. 27 -43. Lots.
(a) The lot design of a neighborhood should provide for
lots of adequate width and depth to provide open area and to
eliminate over - crowding. Lots should be rectangular so far
as practicable and should have the side lot lines at right
angles to the streets on which the lot faces or radial to
curved street lines. Where the Commission approves a through
lot, access to the rear of the lot shall be prohibited.
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(b) All lots shown on the plat will be for residential
purposes unless otherwise noted.
(c) Side lot lines should be perpendicular or radial to
street frontage and the following note may be in lieu of
bearings: "All side lot lines are either perpendicular or
radial to street frontage unless otherwise noted."
(d) Rear and side driveway access to major thoroughfares
shall be prohibited.
(e) Double front lots are prohibited.
(f) Minimum Lot Sizes.
(1) 60 -foot width.
(2) 100 -foot depth, unless otherwise approved.
(3) Radial lots to have minimum width of 50 feet at
the building line.
(4) Lot area minimum 6,000 square feet where served by
sanitary sewers.
(5) Corner lots with a width of less than 70 feet are
to be five (5) feet wider than the average interior
lots in the block.
(6) Corner lots with a width of less than 80 feet
siding on a major thoroughfare shall be at least
15 feet wider than the average interior lots in the
block.
(7) Lots facing on a major thoroughfare shall be at
least 10 feet deeper than average interior lot
depths.
(8) Lot width definition - average of front and rear
lot dimensions.
(9) Minimum usable lot depths for lots backing on
natural drainage easements - 70 feet between front
lot line and drainage easement.
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Sec. 27 -44. Land to be Used for Other Than Residential Purposes.
(a) Reserves shall be labeled A, B, and C rather than
numbered as blocks and lots.
(b) ?Minimum building lines are to be provided for reserves.
Sec. 27 -45. Numbering.
(a) Blocks are to be numbered consecutively within the
overall plat and /or sections of an overall plat as recorded.
(b) All lots are to be numbered consecutively within each
block. Lot numbering continues from block to block in a
uniform manner that has been approved on an overall prelim-
inary plat.
Sec. 27 -46. Building Lines.
(a) Residential.
(1) Minimum 15 feet on front of all lots, 10 feet on
side of corner lots, and 5 feet on side of interior
lots.
(2) Lots adjacent to major thoroughfares, minimum 35-
foot front building line when lots are facing or
minimum 20 -foot side building line when lots are
siding on thoroughfares.
(b) Transitional building lines having a minimum angle of
45 degrees are to be provided where an offset in building
lines is greater than 5 feet.
Sec. 27 -47. Easements.
(a) Drainage Easement.
(1) Location and width to be determined by the City
Engineer for plats within the city limits and the
County Flood Control Engineer for plats outside
the city or within the city adjacent to bayous or
other major drainage facilities for which Flood
Control is primarily responsible.
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(2) Easement for drainage adjacent to lots, tracts, or
reserves shall be noted: "This easement shall be
kept clear of fences, building, planting, and
other obstructions to the operations and maintenance
of the drainage facility, and abutting property
shall not be permitted to drain into this easement
except by means of an approved drainage structure."
(b) Utility easements shall be in accordance with the
Utility Location Standards, Ordinance 1764.
(c) Platting of public streets or easements across private
easements or fee strips.
(1) A copy of the instrument establishing any private
easement shall be submitted with the preliminary
plat.
(2) Easement boundaries must be tied by dimensions to
adjacent lot and tract corners. Where the private
easement has no defined location or width an
effort shall be made to reach agreement on a
defined easement. Where no agreement can be
reached, then pipe electrical or other facilities
shall be accurately located and tied to lot lines,
and building setback lines shall be shown at a
distance of ten feet from and parallel to the
center line of the pipeline.
(3) Prior to approval of the final plat, the developer
or dedicator of any subdivision plat wherein
public streets or easements are shown crossing
private easements or fee strips shall, by letter to
the City Engineer, assume responsibility for seeing
that any adjustments and protection of existing
pipelines, electrical transmission lines, or other
facilities shall be planned and provided for to
the satisfaction of the holder of the private
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easements or fee strips and the City Engineer
prior to the filing of the plat for record.
(4) Prior to filing of the final plat for record, the
following requirements shall be met:
(i) The developer or dedicator of any plat shall
obtain from the holder of any private easement
or fee strip within the plat crossed by proposed
streets or other public easements an instrument
granting to the public the use of said public
streets or easements over and across said
private easements or fee strips for construction,
operation, and maintenance of those public
facilities normally using the type of public
streets and easements indicated. This instrument
shall be delivered to the Director of Planning
and Traffic to be filed for record along with
the plat.
(ii) The developer shall furnish the Director of
Planning and Traffic with a letter from the
holder of the private easements or fee strips
in question stating that arrangements in
pipelines, electric transmission lines, or
other similar facilities have been made to the
satisfaction of the holder of the easement.
Sec. 27 -48. Parks and Playground Sites.
(a) Park and playground sites shall be reserved as indicated
on the Park Plan. Size shall be in accordance with the Park
and Recreation Advisory Board's plan for the park system.
(b) Park sites within the city limits may be purchased, or
a contract to purchase may be negotiated by the city prior
to the submission of the final plat. If not, the subdivider
shall not be required to reserve the land for such purpose
except at his option.
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(c) It is requested, but not required, that park sites
outside the city be reserved for two years for purchase at
the developer's cost plus prorated cost of improvements.
Sec. 27 -49. Survey Requirements.
(a) Monuments, consisting of three - quarter inch iron rod,
or larger, thirty -six inches in length, shall be placed at
all corners of the block lines, the point of intersection of
curves and tangents of the subdivision, flush with finished
grade.
(b) One bench mark for each five acres of property or
fraction thereof shall be permanently installed in an approved
manner, with their location and the elevation as shown on
the plat. Permanent bench marks shall be five foot long
concrete posts 6" in diameter with the top to be at least
12" below finish grade.
(c) Lot markers shall be one -half inch metal rods, at
least twenty -four (24) inches in length, placed at each
corner of all lots, flush with the average ground elevation,
or they may be countersunk, if necessary, to avoid being
disturbed.
ARTICLE V. OTHER DUTIES OF SUBDIVIDERS
Sec. 27 -51. Payment for Required Improvements.
The subdivider shall pay all cost for providing the sub-
division with streets, water, sanitary sewer, storm sewer,
street lights, and street markers, in accordance with the
requirements of the subdivision ordinance and in accordance
with plans and specifications for such improvements approved
by the appropriated Director of Public Works, Engineer or
Planning and Traffic. All improvements required in a sub-
division will be installed at the developer's cost unless
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otherwise provided. The cost of utilities and /or streets
which are required by the city to be larger than would
normally be needed to serve the proposed addition will be
partially reimbursed. The reimbursal amount will be the
difference between the cost of the facilities that would be
adequate to serve the addition and the cost of the facilities
required by the city. A reimbursement contract will be
negotiated between the City Council and the developer.
Sec. 27 -52. Construction of Improvements.
The subdivider may award the contract for the installation
of the approved improvements and make payment directly to
the contractor, or as an alternate a subdivider may present
the approved plans and specifications for the approved
improvements to the City Council and the City Council may
advertise for bids and award the contract, and the subdivider
shall pay to the city the cost of the contract.
Sec. 27 -53. Inspection.
The subdivider or his contractor shall notify the City
Engineer when installation of all approved improvements
commences. The installation of such improvements shall take
place under the inspection of the City Engineer or his field
representative.
Sec. 27 -54. As -built Plans.
The subdivider shall present to the City Engineer reproducible
and complete as -built plans for all paving, drainage structures,
water lines, and sewer lines prior to final inspection. As-
built plans shall be prepared by a registered engineer.
Sec. 27 -55. Final Acceptance.
The subdivider shall request, in writing, the final inspec-
tion of completed improvements. Upon receipt of this request,
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the City Engineer and the Director of Public Works shall
approve in writing all improvements when they are in accordance
with approved plans and specifications.
Sec. 27 -56. Guarantee.
The subdivider or developer shall guarantee that all
materials 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 and the City Engineer. The
subdivider or developer, if using construction contractors
for furnishing the materials and /or installing the improve-
ments required under this chapter shall require that all
contracts include such a guarantee. In the event that the
subdivider fails to perform the necessary work to correct
defects during the guarantee period, the city will make
necessary repairs and bill the subdivider for the total cost
of the repair work.
ARTICLE VI. MISCELLANEOUS
Sec. 27 -61. Flood -prone Area Requirements.
(a) Development of flood -prone areas is prohibited except
as permitted by this chapter and Chapter 121 (Flood Hazard
Area Regulations).
(b) Subdivision of flood -prone areas is prohibited where
the cost of providing utilities and govermental services
would pose an unreasonable economic burden.
(c) The location, elevation, and construction of all
utilities and facilities, such as sewer, gas, electrical,
and water systems and streets shall be in such manner as to
minimize or eliminate damage by flooding.
(d) Adequate drainage shall be provided as to reduce the
community's exposure to flood hazards with respect to adjacent,
upstream and downstream developments.
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(e) No platted residential lot shall be approved that does
not contain a suitable building site of sufficient elevation
to permit construction utilizing a first floor elevation
above the level of the 100 -year flood.
Sec. 27 -62. Variances for this Chapter.
(a) The Commission may authorize a variance from these
regulations when, in its opinion, undue hardship will result
from requiring strict compliance. in granting a variance,
the Commission shall prescribe any condition or conditions
that it deems necessary or desirable considering the public
interest; in making the findings hereinbelow required, the
Commission shall take into consideration the following:
(1) The nature of the proposed use of the land involved
and existing uses of land in the vacinity;
(2) The number of persons who will reside or work in
the proposed subdivision;
(3) The probable effect of such variances upon traffic
conditions and upon the public health, safety,
convenience, and welfare in the vicinity;
(4) Any and all other facts the Commission may deem
relevant.
(b) No variance shall be granted unless the Commission
f inds :
(1) That there are special circumstances or conditions
affecting the land involved such that the strict
application of this chapter would deprive the
applicant of the reasonable use of his land; and
(2) That the granting of the variance will not be
detrimental to the public health, safety, welfare,
or be injurious to other property in the area; and
(3) That the granting of the variance will not have
the effect of preventing the orderly subdivision
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of other land in the area in accordance with the
provisions of this chapter. Such findings of the
Commission, together with the specified facts upon
which such findings are based shall be incorporated
into the official minutes of the Commission meeting
at which such variance is granted. Variances may
be granted only when in harmony with the general
purpose and intent of this chapter so that the
public health, safety, and welfare may be secure
and substantial justice done. Pecuniary hardship
to the subdivider, standing alone, shall not be
deemed to constitute hardship requiring variance
hereunder.
(c) No variance shall be granted as to required improvements,
minimum lot sizes, flood hazard area regulations, bond
requirements, or utilization; provided, however, that a
variance may be granted for drainage improvements in sub-
divisions located wholly outside the city limits by the
Commission.
(d) Variances may be granted as to all required improve-
ments in subdivisions located wholly outside the city and
its planning area, but within its extraterritorial juris-
diction, provided that said subdivision complies with the
minimum standards set by the appropriate county governing
body.
Sec. 27 -63. Utilization.
No building permit shall be issued until the Director of
Public Works and City Engineer have stated in writing their
acceptance of the subdivision improvements as provided in
Section 27 -55, and the plat of the subdivision has been
filed.
ARTICLE VII.
ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS
Sec. 27 -71. Streets.
All streets will be reinforced concrete pavement on a
compacted stabilized subgrade. Concrete pavement shall be
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provided with either an integral curb poured with the pavement
or a separate curb constructed on top of, and doweled to,
the concrete pavement.
(a) Grade and Width
(1) Grade: Gutter gradients shall be a minimum of
one - quarter (1/4) of one percent. Crown sections
shall slope not less than one - eighth (1/8) inch
per foot. The minimum drop around curb return
will be one -tenth (1 /10) of one (1) foot. All
gutter grades shall be above the design water
surface of ditches and storm sewers. All grade
changes with algebraic differences of one (1 %)
percent or more shall be connected with a vertical
curve.
(2) Width: Minimum width back to back of curb of
streets and right -of -way shall be as follows:
Street Right -of -Way
Width Width
Major Streets 60' 80' - 100'
Collector Streets 39' 60'
Residential or Minor
Streets 29' 50'
(b) Pavement Design
Pavement design shall conform to the following general
requirements. References are made to Texas Highway Department
"Standard Specifications for Road and Bridge Construction"
adopted by the State Highway Department of Texas, January 3,
1972.
(1) Concrete Pavement: Concrete pavement shall conform
to the requirements of Item 360 Texas Highway
Department, Standard Specification. Concrete
pavement shall have a minimum thickness of six (6)
inches for Residential or Minor Streets and a
minimum thickness of seven (7) inches for Collector
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Streets and Major Streets. Concrete pavement
shall be reinforced with 3/8 -inch deformed bars
and twenty -four (2411) inches center to center each
way.
(2) Subgrade for Concrete Pavement: All subgrades
for concrete pavement shall be at least 6" in
depth and compacted to or meet the requirements
of 95% Standard Procter Density. Compaction
shall be accomplished by the use of approved and
acceptable compacting equipment and testing shall
be performed by a testing laboratory as selected
by the City Engineer.
(c) Curb and Gutter: Curb and combination curb and gutter
shall be constructed of reinforced concrete. Cross - section
and shapes shall conform to standards on file with the City
Engineer.
Sec. 27 -72. Drainage and Storm Sewers.
Adequate drainage shall be provided within the limits of
the subdivision. The protection of adjoining property will
be considered in the review of the plans submitted.
(a) Size: Sizing of inlets, storm sewers, outfalls,
culverts, and drainage ditches will be based on the following:
(1) Design Storm: The design storm will be based on
the rainfall intensity- frequency data published by
the Department of Agriculture. The interior
drainage system will be designed for a storm with
a frequency of occurrence of once in five years.
The intensity of a 60- minute rainfall on this
frequency is 2.80 inches. Major drainage ditches
and structures will be designed for a storm with a
frequency of occurrence of once in 25 years. The
intensity of a 60- minute rainfall on this frequency
is 3.75 inches.
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(2) Runoff Computation: To determine the runoff rates
for the various areas, the standard rational
method will be used, utilizing the formula Q =
CIA, where Q = rate of runoff in cubic feet per
second, C = runoff coefficient, I = rainfall
intensity for the particular duration in inches
per hour, A = the drainage area in acres. Drainage
areas will be arrived at by considering location
of high and low points on street grades, drainage
divides in the areas, and general configuration of
existing and finishing grades. Calculations for
each major storm sewer line shall be shown on a
"drainage data sheet" and shall be included in the
proposed plans. All pertinent information (i.e.
drainage areas, time of concentration, rainfall
intensity, runoff coefficients, etc.) shall be
listed on the data sheet.
(3) Sizing of Storm Sewers: Sewers shall be sized to
carry the discharge (Q) derived from the above
formula. Capacity of storm sewers will be determined
by the use of Mannings formula on the basis of
hydraulic gradients rather than the physical slope
of the pipe.
(4) Sizing and Spacing of Inlets: Inlets shall be
spaced so that maximum travel distance of water in
a gutter will not exceed 600 feet unless otherwise
approved at all low points in the gutter gradient.
Inlets will be sized using an allowable capacity
of one (1) cubic foot per second per foot of
opening for a throat height of five inches. Inlet
design shall conform to standards on file with the
City Engineer.
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(b) Design: Design of storm sewers, outfalls, culverts,
and drainage ditches will conform to the following requirements:
(1) Manholes: Manholes (inlets or junction boxes)
shall be provided at all changes in grade or
alignment, sewer intersections, street intersections,
and at a minimum of 1,000 feet on straight lines.
Design of manholes shall follow acceptable engineering
practice, and shall be constructed of reinforced
concrete sections in accordance with ASTM C -478
and /or clay brick conforming to the latest Rev. of
ASTM C -32, Grade MM.
(2) Pipe: Pipe for storm sewers shall be concrete
pipe in sizes as shown on the approved plans. All
pipe shall be reinforced concrete pipe (RCP)
conforming to the latest revision of ASTM C -76,
Class III. Where, in the opinion of the City
Engineer, added strength of pipe is needed for
traffic loads over minimum cover or for excessive
height of backfill, concrete pipe shall be ASTM C-
76, Class IV or V. Pipe shall have a minimum
cover of not less than one (1) foot over the top
of the pipe.
(3) Ditches: Drainage ditches, if recommended by the
Commission, and approved by the flood control
district may be used for outfalls to natural or
major drainage channels. Ditches shall have a
minimum grade of not less than 0.10 percent and
side slopes not steeper than 3:1.
(4) Outfalls: Outfalls from sewers and ditches into
natural drainage ways shall enter at a grade of
the natural drainage channel. If necessary, drop -
type outfall structures shall be used to prevent
erosion.
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(5) Major Drainage Ways and Structures: Design of
major drainage ways shall be coordinanted and
approved in writing by the appropriate Flood
Control District or County Engineer.
(c) Construction: Construction of all storm sewers,
outfalls, culverts, and drainage ditches will conform to the
City Engineer's specifications or the appropriate Flood
Control specifications.
Sec. 27 -73. Water and Sewer System.
The developer will be required to submit a letter to the
City Engineer from the Department of Health Resources approving
the water and sanitary sewerage systems. Such letter will
serve as certifications of the water and sewerage system by
the Department of Health Resources. The developers of the
subdivision shall provide all water and sewer lines necessary
to properly serve the subdivision. A metalized plastic tape
located directly above all underground piping a minimum of
one foot below grade and a minimum of two foot above the
pipe shall be required.
(a) Sanitary Sewer System
(1) Materials: Sanitary sewer lines shall be of the
following materials:
(i) Vitrified clay pipe and fittings conforming to
the latest revision of ASTM C -700, with compression
joints conforming to the latest revision of
ASTM C -425, or ASTM C -594. Extra strength
shall be used as required by the City Engineer.
(ii) Acrylonitrile - Butadiene - Styrene (ABS)
Composit Sewer Piping and fittings conforming
to the latest revision of ASTM D -2680.
(iii) Polyvinyl Chloride (PVC) and fittings conforming
to the latest revision of ASTM D -3034, and
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ASTM D -1784, having a cell classification of
12454 -B and SDR -35 pipe shall have flexible
elastomeric gasket joints approved by the City
Engineer.
(2) Construction: Sanitary sewers shall be constructed
according to the latest revision of ASTM C -12,
ASTM D -2321 and the City Engineer's specifications
as to trenching, bedding, alignment, grade, instal-
lation, backfill, and compaction.
(3) Manholes: Manholes shall be spaced a distance not
to exceed 500 feet and shall conform to the City
Engineer's specifications. Manholes shall be
constructed of precast reinforced concrete manhole
sections in accordance with the latest revision of
ASTM C -478 or of fiberglass in accordance with the
City Engineer's specifications. Manhole rings and
covers shall be 23J" in diameter, be constructed
of cast iron and have a minimum of two 3/4" holes
in the covers.
(4) Forced Mains: Forced mains shall be constructed
of the following materials:
(i) Cast iron pipe conforming to the latest revision
of ASA A -21 encased in a polyethylene tubing.
(ii) Asbestos - cement pipe conforming to the latest
revision of AWWA C -400, Class 100, with cast
iron fittings conforming to the latest revision
of ASA A- 21.11, and ASA A- 21.10, pressure
class.
(iii) Polyvinyl Chloride (PVC) Class 160 SDR -26,
conforming to the latest revision of ASTM D-
2241.
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(5) Lift Stations: Lift stations should conform to minimum
design criteria of the Department of Health Resources.
An all weather access road and potable water shall be
provided. All structures located above ground shall
be enclosed in a fence as approved by the City Engineer.
(6) Testing: All sanitary sewer lines shall be tested
in accordance with the City Engineer's specifications.
All materials, labor, and equipment necessary for
testing shall be provided by the developer. All
test results shall be submitted in writing, to the
City Engineer.
(b) Water System
(1) Materials: All pipe and fittings shall be approved
by the National Sanitation Foundation for carrying
potable water. Water lines shall be constructed
of the following materials:
(i) Asbestos cement pipe and fittings conforming to
the latest revision of AWWA C -400, Class 150, and
ASTM C -296.
(ii) Polyvinyl Choloride and Fittings conforming to
the latest revision of AWWA C -900, Class 150.
(iii) Castiron fittings shall conform to the latest
revision of ASA A -21.10 and ASA A- 21.11.
(2) Valves: All valves shall conform to the latest
revision of AWWA C -500 and open left. All valves
shall be provided with an approved adjustable
valve box and cover. At intersections of water
distribution lines, the number of valves will be
one less than the number of radiating lines.
(3) Hydrants: All fire hydrants shall be Mueller
improved or approved Equal meeting latest revision
of AWWA 502. Hydrants shall be 3 -way with National
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Standard threading. Hydrants shall be located on
six (6) inch or larger lines, looped with (6) inch
or larger lines. Hydrants shall be spaced every
300 feet along access ways in commercial and
industrial areas and every 600 feet along streets
in residential areas in a manner acceptable to the
Fire Department so that every building within the
city limits will be within 500 feet radius of a
standard city fire hydrant. There shall be a gate
valve between the main and the fire hydrant.
(4) Size: All water mains shall be a minimum of six
(6) inches in diameter except where approved by
the City Engineer.
(5) Construction: Water lines shall be constructed
according to the City Engineer's specifications as
to trenching, bedding, alignment, grade, installation,
backfill, and compaction.
(6) Testing: Bacterial analysis samples shall be
taken by the Public Works Department before the
new water system is connected to existing city
lines. All water lines shall be tested in accordance
with the City Engineer's specifications. All
materials, labor, and equipment necessary for
testing shall be provided by the developer. All
tests shall be submitted in writing to the City
Engineer.
Sec. 27 -74. Street Lights.
Developers will be required to install ornamental metal
street light standards on public streets in subdivisions
within the city limit as follows:
(a) The location and minimum number of street lights shall
be determined by the Director of Planning and Traffic and
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id
shall be marked on the final approved copy of the subdivision
plat.
(b) The spacing and location of street lights shall be in
accordance with recommended standards of the Illuminating
Engineering Society.
(c) Street lights shall be located so as to be of general
benefit to the surrounding neighborhood.
(d) A cash payment of one hundred fifty ($150.00) dollars
per ornamental street light standard shall be required
before building permits will be issued in a new subdivision
within the city limits. This payment shall constitute a
final and one -time payment by the developer to the city and
represents the cost of a standard 3300 Lumen metal pole
street light at thirty ($30.00) dollars per year for five
(5) years.
Sec. 27 -75. Street Name Signs.
Street name signs approved and installed by the Director
of Planning and Traffic shall be provided by the developer
for all intersections in the subdivision.
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