Ordinance No. 2,808ORDINANCE NO. 2808
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AN ORDINANCE AMENDING CHAPTER 27, "SUBDIVISIONS ", OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN PROVIDING
FOR THE PLATTING OF SMALL SUBDIVISIONS AND ESTABLISHING
STANDARDS FOR CONSTRUCTION; REPEALING CONFLICTING
ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN :
Section 1: That the Code of Ordinances of the City of
Baytown is hereby amended by the amendment of Chapter 27,
"Subdivisions," by the addition of Section 27 -64, Small
Subdivisions, that shall read as follows:
Sec. 27 -64. Small subdivisions.
(a) Defined. A small subdivision is a subdivision of
twelve (12) or fewer lots.
(b) Platting procedure.
(1) Submission. Application for preliminary approval
sEall be made by the owner or his authorized agent
and shall be made on a form prescribed by the city
planning staff. Applications shall be accompanied
by a filing fee and accompanied by the following
information:
Six (6) copies of the preliminary development plan
of the entire development drawn to scale and
showing streets or drives, utility easements,
lots, and major landscaping features. A boundary
survey or a certified boundary description by a
registered engineer or licensed surveyor shall
also be submitted.
(2) Filing fee. All applications for small subdivisions
shall be accompanied by a $20.00 filing fee.
(3) Commission approval. The Commission shall examine
such application and determine whether it conforms
to all applicable criteria and standards.
(c) General standards. The developer of a small subdivision
must comply in all respects with the Engineering and
Construction Standards for Subdivisions established by
this chapter except as provided by subsection (d)
hereof.
(d) Variances for small subdivisions. The Commission may
grant a variance from these regulations when in its
opinion undue hardship will result from requiring
strict compliance. The variance may be granted ONLY
for curbs, gutters, storm sewers, sidewalks, and
street widths (but no less than 26 feet of concrete).
No variance may be granted on sidewalks if they will
connect to existing sidewalks.
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Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects
this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this
ordinance.
Section 3: If any provision, section, exception, sub-
section, 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 unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity of the remaining provisions of this ordinance or their
application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be
severable.
Section 4: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation
shall constitute a separate offense.
Section 5: This ordinance shall take effect from and
after ten (10) days from its passage by the City Council.
The City Clerk is hereby directed to give notice hereof by
causing the caption of this ordinance to be published in the
official newspaper of the City of Baytown at least twice
within ten (10) days after the passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote
of the City Council of the City of Baytown on this 24th
day of January 1980.
ATTEST: IETT 0. HU TO, Mayor
ILEEN P. HALL, City Clerk
APPROVED:
v
SCOTT BOUNDS, City Attorney
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