Ordinance No. 3,65530728 -1
PUBLISHED IN: THE BAYTOjdN SUN
Tuesday, August 2, 1983
Monday, August 1, 1983
ORDINANCE NO. 3655
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REPEALING ARTICLE IV, "FIRE LANE
EASEMENTS," OF CHAPTER 12; REPEALING CHAPTER 279 "SUBDIVI-
SIONS"; ADOPTING A NEW CHAPTER 27 OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN TO REGULATE SUB-
DIVISIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY 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 City Council of the City of Baytown hereby repeals
Article 1V, "Fire Lane Easements," of Chapter 12, of the Code of Ordinances of the
City of Baytown.
Section 2: That the City Council of the City of Baytown hereby repeals
Chapter 27, "Subdivisions," of the Code of Ordinances of the City of Baytown.
Section 3: That the City Council pf the City of Baytown hereby adopts a
new Chapter 27, "Subdivisions," to the Code of Ordinances of the City of Baytown,
which new Chapter 27 is attached hereto marked "Exhibit A," and made a part
hereof for all intents and purposes.
Section 4: All ordinances or parts of ordinances inconsistent with the terms
of this ordinance are hereby repealed, provided that such repeal shall be only to the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 5: 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 unconstitutional, void or
(" invalid, such invalidity shall not affect the validity of the remaining provisions of
this ordinance or their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 6: Any person who shall violate any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than Fifty and No /100 ($50.00) Dollars nor more than Two Hundred
and No /100 ($200.00) Dollars.
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Section 7: 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 28th day of July, 1983.
jzjY2z"- 2
CA--t4�
ALLEN CANNON, Mayor
ATT ST:�_ -
ILEk ..HALL, City Clerk
APPROVED:
ANDALL B. STRONG, Cit ttorney
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CHAPTER 27
SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 27 -1. Policy of the Commission.
It is an expressed policy of the Baytown Planning Commission
to review the possible influences of items, not specifically
detailed in appropriate ordinances, for each development proposed
within the City, it's planning area and it's extra - territorial
jurisdiction. The items as discussed deal primarily with, but
are not limited to the titles and description listed herein.
(a) Entrances. Access and egress points for each development
whether single family, multiple family or commercial. In addition
to actual numbers of points, the Commission shall review setback
at intersections for visual obstructions, whether parking is
allowed along or within these driveways or roads; design of
parking; and associated items that might have a negative effect
on moving traffic into or out of a development.
(b) Traffic Circulation and Flow.
The Planning Commission,
in addition to the items listed above, will review traffic
circulation and flow within and outside a proposed development
for the purpose of identifying possible increases in traffic
volumes and congestion and offering alternative solutions.
(c) Safety. The underlying desire of the Planning Commission
is to ensure that proposed projects are developed in a manner
so as to minimize any detrimental effects to a neighborhood
where safety is concerned. This safety concern can consist of
vehicular, pedestrian, pedicycle conflicts; fire or explosion
hazards; and natural disasters. The consideration of these
items does not restrict the Commission to the hazards themselves,
but also to items associated with -each subject as prevention,
control and evacuation that may result from any of these items.
Sec. 27 -2. Scope of Chapter.
These regulations shall govern every person, firm, association
or corporation owning any tract of land within the city limits,
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the planning area, or extra- territorial 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
extra - territorial jurisdiction of the City of Baytown in order
to provide the orderly development of the areas and to secure
adequate provision for light, air, recreation, transportation,
water, drainage, sewage, and other facilities.
Sec. 27 -3. 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;
(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 consolidation
and lot line adjustment.
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(c) Plat. A map or chart of the subdivision. It shall include
a 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 active or passive recreational activities.
(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 purpose of sale or lease to, or separate use of, another.
(1) Extra - territorial Jurisdiction. That land within 3 1/2
mi-les of the corporate limits of the City of Baytown, or as otherwise
established by state law.
(m) Planning area. That land within the extra - territorial
jurisdiction of the City of Baytown and within one half (1/2) mile
of the city limits proper from Burnett Bay eastward to Cedar Bayou
stream, excluding all ten (10) foot strips.
Sec. 27 -4. Enforcement; Penalties.
(a) No map or plat of any subdivision or re- subdivision within
the city, its planning area, or its extra - territorial jurisdiction,
shall be filed or recorded unless and until the same has been
authorized by the Commission.
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(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
extra - territorial 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 extra - territorial jurisdiction which has not
been laid out, subdivided, platted or replatted as required by ,
this chapter.
(d) The city will withhold all city improvement of whatsoever
nature, including the maintenance of streets, the furnishing of
sewage facilities, and water service from all additions and
subdividers 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 extra - territorial
jurisdiction, the city may institute any appropriate action
or proceedings in the district court to enjoin the violation
of this chapter.
(g) It shall be unlawful for any person to construct any
improvement, other than public improvements such as streets,
utilities, and drainage structures, in any development which
has not had its final plat approved by the Commission and filed
with the County Clerk.
(h) Any person who shall violate any provision or provisions
of this chapter shall be guilty of a misdemeanor and shall, upon
conviction thereof, be punished by a fine of not less than $50.00
and not more than $200.00 for each violation. Each day in which
any violation shall occur or continue shall constitute a separate
offense.
Sec. 27-5. 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
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of the city in any court of competent jurisdiction for the
purpose of enjoining or abating the violation of any 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.
(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 the 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 -6. 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.
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ARTICLE II. PLATTING PROCEDURE
Sec. 27 -18. Departmental Review (Stage One).
There shall be a three -stage 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). The number
of copies of the development plan required to be filed at
the appropriate times shall be fifteen (15) copies for
Stages Two and Three (Preliminary and Final Approval).
(a) Departmental Review. The owner, or his authorized
agent, shall submit to the Department of Planning and Traffic,
a plot plan, drawn to scale not less than 1" = 100' (preferably
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 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:
Sec. 27 -18 (b) (1) Platting Procedure.
(1) Copies of the preliminary development plan of the
entire development drawn to scale and showing
streets, utility easements, building lines, relevant
operational data, drawings and /or elevations clearly
establishing the scale and open space. Such development
plan shall include a location map showing information
on the surrounding area within four hundred (400) feet
of the development. A boundary survey or a certified
boundary description by a registered engineer or
licensed surveyor, plus contour information, shall
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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. The following intervals
are required:
(i) One -foot contour intervals for ground slopes
up to five ( 5 ) per cent.
(ii) Two -foot contour intervals for ground slopes
between five (5) per cent and ten (10) per cent.
(iii) Five -foot contour intervals for ground slopes
exceeding ten (10) per cent. 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. The developer or his Engineer
shall be present.
(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 necessary to ensure conformity to said
regulations. Should positive or negative 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 developer.
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(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. It shall be unlawful for any
work to be done on the ground until the final plat has been
approved, except basic site clearing may commence at the
developer's risk.
Sec. 27 -20.1 Engineering Report (Stage Two).
Developers shall file three (3) copies of the engineering
plans with the City Engineer after preliminary approval for
review approval. The City Engineer may forward copies of the
plans to County Agencies, if appropriate, for review of public
improvements, including streets, utilities and drainage. When
the development lies outside the planning area, the plans shall
be forwarded to the County Agencies. The Commission shall not
act on a final plat until it has first received a report from
the City Engineer outlining drainage improvements or written
approval from County Agencies, if appropriate.
Sec. 27 -20.2 Final Approval (Stage Three).
(a) Within one hundred and eighty (180) days after preliminary
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. The developer or his Engineer shall be present at the meeting.
When submittal of engineering data is required to a county
agency and when it can be shown that the county agency required
a longer time for approval of engineering plans, the Director
of Planning and Traffic may extend the one hundred and eighty
(180) days by ninety (90) days but not more than two hundred and
seventy (270) days from preliminary approval action by the
Planning Commission.
(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
accompaned 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,
as approved in writing by the City Engineer, shall be submitted
prior to the beginning of any construction of the subdivision to
the Engineering Department.
(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 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, including building
lines.
(5) Certificate of approval to be signed by the chairman
and secretary of the Commission shall be placed on
the face of the plat.
(5.1) Certificate of approval from Harris County Flood Control
District shall be placed on the face of the plat when
one of their facilities is immediately adjacent or
dedication to them is required.
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(6) All construction shall be inspected while in progress
by the City Engineering Department and must receive
final approval upon completion by the City Engineer.
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 Planning
and Traffic Department 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 accepted methods of posting
security. A subdivider may not file security in lieu
of completing construction, if the water lines, sanitary
sewer lines, lift stations (if any) and storm water systems
are not completed and approved by the City Engineer, nor
if less than seventy -five percent (75 %) of all required
improvements have been completed. If the subdivider chooses
to file security, the plat shall not be filed unless the
subdivider has done one of the following:
W 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 performance
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, and filed a copy of same with
the Department of Planning and Traffic, 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. 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
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(iii) Unconditional Guarantee from bank or federall
insured savings and loan association or other
financial institution as approved by the City
of Baytown. Has filed with the Department of
Planning and Traffic 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 shall notify the subdivider
and the Director of Planning and Traffic in writing as to their
acceptance or rejection of the construction. 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 City Engineer may approve partial releases of
the security retained by the City upon partial acceptance by the
City Engineer 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 Department of Planning and Traffic.
No such extension shall be granted unless security as provided in
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said paragraph (6i, ii, iii, iv) has been provided by the
subdivider covering the extended period of time.
(7) Two copies of the proposed deed restrictions.
(8) 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 flood
elevation have a one percent (1 %) 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 and Traffic Department and
shall be accompanied by a filing fee of Fifty and No /100 ($50.00)
Dollars applicable to the final fee. Applicants shall also
furnish to the 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 with the submittal.
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 N01100 ($15.00)
Dollars per acre (gross area of whole tract), and in accordance
with Section 5, Article 974a VTCS.
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. The Director of Planning and Traffic is authorized
to approve, without Planning Commission concurrance, when all
the following requirements are met.
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(b) Lot Consolidation Regulations.
(1) No more than three (3) lots shall be affected by
the proposed lot consolidation.
(2) 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 provided there is
concurrence by the two owners of property involved
in the lot line adjustment.
(2) The proposed adjusted lot line is a single, straight
line or is parallel to the existing lot line.
(3) The lot line adjustment is not more than a minimum
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 restrictions
or convenants.
(5) No more than two (2) lots are affected.
(d) Procedure For Commission Approval.
(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
N61100 ($20.00) Dollars.
(ii) Copies of deeds and restrictive convenants to
all lots involved.
(iii) Scale drawing on legal size paper snowing all
lots 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.
(e) Approval by the Director.of Planning and Traffic requires
the submittal of items in (d) (i), (ii) and (iii) at any time.
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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 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. At preliminary approval
the developer shall provide the Planning Commission with the
proposed layout of the development.
(c) The minimum lot area, width, frontage and yard requirements -
for single - family residences otherwise applying shall not dictate
the strict guidelines for development of the planned unit develop-
ment. 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 automatically be members and shall be subject
to assessments levied to maintain said common area for the
purposes intended. The dedication of fire lane, utility, flood
control easements or any private streets or alleys shall be
maintained by the association.
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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:
(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 regard-
less 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 between 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
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than two (2) points or areas of attachment with other
dwelling units, except that units located 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, partner-
ship, 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 basement, 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 extra - territorial 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.
(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.
(3) In addition to such map or plat, said persons shall
file the Declaration of Convenants, Conditions and
Restrictions establishing a condominium regime with
the Commission. Such declaration shall contain:
17
30728 -1q
(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, via: 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.
(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.
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30728 -1r
Sec. 27 -33. Townhouse Subdivision.
(a) Definitions.
(1) Townhouse shall mean a structure which is one of
a series of dwelling units desigi
family occupancy, which dwelling
turally connected or immediately
other without side yards between
units.
(2) Townhouse subdivision shall mean
ied for single -
units are struc-
adjacent to each
individual dwelling
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
this chapter.
(3) Interior street shall mean public streets not more
than 600 feet long with 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
the subdivision) plat 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
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30728 -1s
extra - territorial 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 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.
(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
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30728 -1t
court rather than upon a public street, and
open or common court shall be at least forty
(40) feet wide and not more than two hundred
(200') 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 (5') 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 (10') feet.
(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
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.
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Open space provided
Per Dwelling Unit Lot
0 square feet
100 square feet
200 square feet
250 square feet
Minimum
Lot Area
2,500 square feet
2,300 square feet
2,100 square feet
2,000 square feet
Minimum
Lot Width
24 feet
23 feet
21 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
"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 commerical in nature. The determina-
tion of whether an area is "primarily commercial"
or "primarily multi - family" shall rest solely
with the Commission.
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30728 -1v
(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
a masonry wall not less than six (61) feet high
shall be constructed upon the easement to provide
a visual screen.
Sec. 27 -34. Commercial developments.
(a) Definitions
(1) Dwelling,-Single-Family, Detached. A "single- family
detached dwelling" is a fixed building containing only
one dwelling unit and occupied by only one family and
entirely surrounded by open space on its building site.
(2) Easement. An "easement" is a grant by the property
owner to the City, a corporation, or persons of the
use of a strip of land for specific purposes.
(3) Fire Lane Easement. A "fire lane easement" is an
easement improved and maintained by the owner or
co -owner of the land across which it is located.
For the primary purpose of providing ingress and
egress to buildings served thereby for policemen,
firemen, and fire - fighting and emergency vehicles and
equipment and for the location therein of water
mains, fire hydrants, and other public utilities.
A fire lane easement remains private property except
for the restrictions herein imposed.
(4) Person. A "person" is any individual, firm, partnership,
or corporation of any nature whatsoever.
(5) Street. A "street" is a public right -of -way which
provided primary public vehicular access to abutting
property and is designated as either a street, highway,
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30728 -1w
thoroughfare, major thoroughfare, freeway, parkway,
avenue, lane, boulevard, road or drive.
(6) Permanent Open Space. A "permanent open space" is
an open space which in• the judgment of the Planning
Commission, may be expected to remain open and un-
developed. Examples of permanent open space would
be existing public parks or flood control drainage
easements. Land in private ownership or public street ,w
right -of -way does not constitute permanent open space.
(b) General Provisions
(1) Every person, before making application for a building
permit for the erection of any building or buildings
on any tract of land within the corporate limits of
the City of Baytown, shall file a plat of such land
with the Planning Commission for its approval in
conformance with the standard rules of such Commission
and dedicating thereon fire lane easements and all
other dedications and covenants required herein,
WREN, the building or buildings:
(i) Are designed for or to be used for occupancy
by two (2) families, or
(ii) Are designed for use or occupancy by more than
one (1) business, industrial, or commercial
establishment, or
(iii) Is located more than 300 feet from a public
street or in conflict with the major thoroughfare
plan.
(2) Such map or plat shall accurately describe the entire
area or tract of land upon which said building or
buildings are to be located and shall indicate the
location of all public streets, fire lane easements,
buildings, easements, and fire hydrants. Such map
or plat shall be prepared in conformance with the
requirements herein and with rules of the Planning
Commission and shall be submitted according to Plat
Submittal Procedure and Requirements. Upon final
approval of the Planning Commission, said plat shall
be recorded in the map records of the County wherein
the land is situated.
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30728 -1x
(3) Notwithstanding the above general requirements,
the Planning Director may, upon review of the
preliminary plat submittal as required not require
the filing of a final plat in the county records
provided the following specific conditions are met:
(1) A fire lane or utility easements will not be
required due to the location and accessibility
of the building(s) with respect to the existing
public street system.
(2) Density requirements are not exceeded.
(3) All structures lie within 300 feet of a dedicated
and improved street.
(4) No conflict exists with the Major Thoroughfare Plan.
(5) No street right -of -way dedication is required.
This action does not release the developer from meeting
drainage requirements.
(c) Requirements
,(1) All structures shall be located so as to be within
three hundred (300') feet of a dedicated, accessible,
and improved public street or within one hundred
fifty (150') feet of a dedicated, accessible, and
improved fire lane easement.
(2) No dwelling unit shall be located more than three
hundred (300') feet from a functioning fire hydrant.
(3) A fire lane easement shall have a minimum of twenty -
eight (28') feet of paved roadway.
(4) Fire lane easements shall receive primary access
from a dedicated and improved public street of not
less than fifty (50') feet of right -of -way.
(5) Fire lane easements which curve, turn, or change
directions shall have a minimum center line curve
radius of thirty -five (35') feet.
(6) Fire lane easements with reverse curves shall have
a minimum tangent length of fifty (50') feet between
points of curve.
(7) Dead -end fire lane easements shall be terminated
with an unobstructed vehicular turn - around or
cul -de -sac with a minimum paved radius of forty
(40') feet.
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30728 -1y
(8) Dead -end fire lane easements shall have a maximum
length of three hundred (300') feet.
(9) Fire lane delineation. Fire lane easements shall
be marked and designated by a metal sign at the
entrance or intersection of the fire lane easement
and a public street, and shall also be posted every
hundred (100') feet along the fire lane easement.
This sign shall be on at least .065 thick, 12" x 18"
aluminum blank. Lettering is to be red on a white
background, and shall be reflective with a red border
The sign shall state in 1 1/2 -inch letters the
following: Fire Lane Easement. Pavement markings
may be used in lieu of signing.
The owner of a project or development containing fire
lane easements shall be responsible for maintaining
an open easement at all times. Said owner may be
subjected to a fine of $10 per day for any object
blocking any part of the fire lane easement at
any time.
(10) The dedication of public streets or easements to
the City shall be by recorded plat. Said dedication
shall conform to all the rules and regulations of
the Planning Commission.
(11) Public streets and /or fire lane easements shall be
constructed in accordance with the minimum standards
of the City's Engineering Standards.
(12) No building permit other than a foundation permit
may be issued for the construction of buildings
under this section until such time as the water
lines and fire hydrants necessary for protection
have been constructed in a manner suitable to the
fire chief or his designated representative. Flammable
materials may not be stockpiled on a building site
under a foundation permit, and such stockpiling shall
be grounds for revoking a foundation permit.
(d) Site Standards
(1) Residential development designed for rental occupancy
shall not exceed twenty (20) dwelling units per parcel
acre except that:
26
30728 -1z
(1) In computing the developers parcel acreage credit
may be given for up to one -half (1/2) of any
abutting permanent open space as determined by
the Planning Commission.
(2) In no case shall open space be utilized to permit
densities in excess of one hundred and fifty per
cent (150 %) of those otherwise permitted.
(2) On -site parking shall be provided for residential
development designated for rental occupancy at the
rate of two and one - quarter (2 1/4) spaces per dwelling
unit.
(3) Controlled income and rent housing may be approved upon
recommendation by the Planning Commission and approval
of the City Council, utilizing the following criteria:
(i) The site must be approved by the federal
agency responsible for financing and the
contemplated project must be subject to
income limitations set forth in the federal
regulations.
(ii) Density allowances will take into consideration
family sizes and age of intended occupants.
(iii) Parking requirements may be adjusted by the
Commission to fit demonstrated demand in
similar projects.
27
30728 -laa
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 thoroughfare 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 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).
28
30728 -lbb
(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.
(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. No islands or planters shall be
permitted.
(2) Maximum length of a dead -end street with a pavement
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
29
30728 -1-9c
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
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 an
insofar as a foot strip adjacent to it is so dedicated."
(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
30
M
30728 -ldd
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.
(m) Engineering Data (Preliminary Plats to have approximate
data) .
(1) Streets.
(i) Complete curve data (L, R, PC, PT) shown on
center line or each side of street.
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
31
30728 -lee
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.
(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) 54 -foot width, unless otherwise approved.
(2) 100 -foot depth, unless otherwise approved.
(3) Radial lots to have minimum width of 40 feet at
the building line.
(4) Lot area minimum 5,400 square feet where served
by sanitary sewers.
(5) Corner lots 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.
(10) Duplex lots - 3,000 square feet per unit. Two (2)
off- street parking spaces should be provided per unit.
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.
32
30728 -1ff
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 preliminary
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.
(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 drainage facility,
and abutting property shall not be permitted to drain
into this easement except by means of an approved drainage
structure.
(3) The dedication of any drainage structure or facility
used for the retention or detention of storm water,
shall be accepted only at the City's option. Final
determination as to the acceptability shall be made
by the Planning Commission after consideration of the
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30728 -lgg
City Engineering Department's evaluation and
recommendation. The evaluation may be based
on size, purpose and location of the facility;
the need for fencing around the structure or
facilities; ease of access for maintenance
crews; and personnel, vehicles and equipment
needed for maintenance. Consideration should
also be given to other types of ownership of
the structure or facility and alternative
maintenance procedures.
(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 dimension 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 lines,
electrical lines 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 easement!
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 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:
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30728 -lhh
(i) The 6cveloper 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.
(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
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30728 -1ii
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.
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30728 -ljj
ARTICLE V. OTHER DUTIES OF SUBDIVIDERS
Sec. 27 -51. Payment for Required Improvements.
The subdivider shall pay all cost for providing the subdivision
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 City or County
Agencies. All improvements required in a subdivision will be installed
at the developer's cost unless 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 may be
partially reimbursed. If reimbursement is made, the reimbursal amount
may 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. Except
that the City Engineer may choose not to inspect developments totally
outside the planning area.
Sec. 27 -54. As -built or Record.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
or record plans shall be prepared by a registered engineer in a form
acceptable to the Engineering Department. The as -built or record
plans shall be delivered to the City Engineer prior to the filing
of the plat or the release of any performance documents.
30728 -lkk
Sec. 27 -55. Final Acceptance.
The subdivider shall request, in writing, the final inspection
of completed improvements. Upon receipt of this request, the City
Engineer 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 City Engineer. 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 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.
Sec. 27 -57. Governmental Liens.
When it is determined that a governmental lien is outstanding
against any parcel proposed for development, it shall be the
responsibility of the applicant to satisfy this lien prior to the
filing of the plat. These liens shall include, but not be limited
to, paving, tax, mowing or special assessments.
Sec. 27 -58. Traffic Control Devices.
All pavement marking and signing required under this Chapter
shall be in conformance with the Texas Manual on Uniform Traffic
Control Devices.
Sec. 27 -59. Cluster Box Mail Service Locations.
U.S. Postal Service policies require that cluster locations to
serve developments be provided. These locations shall be within
street rights -of -way whenever possible. Commercial location may
necessitate on site location for this purpose. All slab locations
required under this section shall be in conformance with Postal
Service specifications, and provided by the developer
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30728 -111
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 12 1/2 (Flood Hazard Area
Regulations).
(b) Subdivision of flood -prone areas is prohibited where the
cost of providing utilities and governmental 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.
(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
deg- 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 of the vacinity;
(4) Any and all other facts the Commission may deem
relevant.
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30728 -1mm
(b) No variance shall be granted unless the Commission
finds:
(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
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 require-
ments, or utilization; provided, however, that a variance may
be granted for drainage improvements in subdivisions located
wholly outside the city limits by the Commission.
(d) Variances may be granted as to all required improvements
in subdivisions located wholly outside the city and its planning
area, but within its extra - territorial jurisdiction, provided
that said subdivision complies with the minimum standards set
by the appropriate county governing body.
(e) This action shall not relieve the developer from meeting
the 100 -year storm runoff requirements.
(f) All request for a variance shall be submitted in writing to
the Planning Commission with preliminary approval. The request shall
state why the developer feels his project meets the variance requireme
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30728 -1nn
Sec. 27 -63. Utilization.
No building permit shall be issued until the City Engineer
has stated in writing their acceptance of the subdivision
improvements as provided in Section 27 -55, and the plat of
the subdivision has been filed.
Sec. 27 -64. Small Subdivisions.
(a) Defined. A small subdivision is a subdivision of
twelve or fewer lots.
(b) Platting Procedure.
(1) Submission. Application for preliminary approval
shall 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:
Fifteen (15) 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 $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, gutter, drainage
storm sewers, sidewalks, and street widths (but not less than
26 feet of concrete). No variance may be granted on sidewalks
if they will connect to existing sidewalks.
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30728 -loo
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 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:
Major Streets
Collector Streets
Residential or Minor
Streets
(b) Pavement Design
Street Right -of -Way
Width Width
60' 80' - 100'
39' 60'
29' 50'
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 and Residential Collector
Streets and a minimum thickness of seven (7) inches
for Commercial Collections, and Major Streets. Concrete
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30728 -1pp
pavement shall be reinforced with 3/8 -inch
deformed bars for 6" concrete pavement and
1/2" deformed bars for 7" concrete pavement
and twenty -four (24 ") 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 proctor density. The subgrade
shall be lime stabilized when the plasticity
index of the subgrade exceeds 19. The rate of
application of lime should be 22 pounds per square
yard. Compaction shall be accomplished by the use
of approved and acceptable compacting equipment and
testing shall be performed by a testing laboratory
as approved 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,
any drainage ditches will be based on the following:
(1) Design Storm: The design storm will be based on
the rainfall intensity - frequency data used by the Harris
County Flood Control District. 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.
(2) Runoff Computation: To determine the runoff rates
for various areas, the standard rational method
will be used, utilizing the Formula Q = CIA,
43
30728 -lqq 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 = drainage area in acres. Drainage
areas will be arrived at by considering location
of high and low points on street grades, drainage
divides in area, 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.
(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, and /or concrete
brick conforming to the latest revision of ASTM C -55,
Grade G -11.
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30728 -lrr
(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. Abestos bonded
or bituminous coated corrugated galvanized metal
pipe (CGMP) may be used in the place of reinforced
concrete pipe, provided such use is in accordance
with the Texas Department of Highways and Public
Transportation Standard Specifications for Construction
of Highways, Streets and Bridges, Item 460. The gauge
of the pipe used, however, shall be the next heavier
gauge than the minimum required by Item 460. The use
of corrugated galvanized metal pipe under streets is
prohibited. Pipe shall have a minimum cover of not
less than one (1) foot over the top of the pipe.
(3) Ditches: Drainage ditches, when required, may be
used for outfalls to natural or major drainage channels.
The City Engineer, or the Flood Control District, may
require that drainage ditches be used for outfalls to
natural or major drainage channels when the use of
such ditches will improve drainage of the development.
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.
(5) Major Drainage Ways and Structures: Design of major
drainage ways shall be coordinated and approved in
writing by the appropriate Flood Control District or
County Engineer.
(6) All drainage improvements shall be designed to ensure
that when a 100 -year rainfall event (as defined by
Harris County Flood Control District) occurs, the
drainage from the planned subdivision will not increase
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30728 -1ss
the water level in any existing creek, stream, or
bayou above the water level previously associated
with such 100 -year rainfall event.
(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 may 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 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:
materials:
Sanitary sewer lines shall be of the following
(i) Vitrified clay pipe and fittings conforming 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 -30341 and
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.
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30728 -1tt
(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 23 1/2" in diameter, be constructed
of cast iron and have a minimum of two 3/4" holes
in the covers.
(4) Force Mains: Force mains shall be constructed of
the following materials:
(i) Cast iron pipe conforming to the latest revision
of ASA A -21 encased in 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 -261
conforming to the latest revision of ASTM D -2241.
(5) Lift Stations: Lift stations should conform to
minimum design criteria of the Department of Health
Resources. An all weather access road, three phase
service and potable water shall be provided. All
structures located above ground shall be enclosed as
approved by the City Engineer.
(6) Testing: All sanitary sewer lines shall be tested in
accordance with the City Engineer's specifications.
All material, 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 American Water Works Association 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.
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30728 -luu
(ii) Polyvinyl Choloride and Fittings conforming to the
latest revision of AWWA C -900, Class 160.
(iii) Cast iron 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
revisions 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 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.
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30728 -lvv
Sec. 27 -74. Street Lights.
Developers shall be required to install ornamental metal standard
and high pressure sodium vapor lamps on public streets in subdivisions
within the city limits as follows:
(a) The location and minimum number of street lights stall
be determined by the Director of Planning and Traffic. A developer
may appeal the determination of the Director of Planning and Traffic
to City Council if the developer wishes to install a lesser number
of street lights.
(b) Underground installation charges for the subdivision
shall be based on cost to Houston Light & Power and shall be
paid to the City by the developer. Any other charges related
to the installation of street lights shall be paid by the developer.
Upon payment of all installation charges, the City will pay the
monthly service for the street light.
(c) Street lights shall be located so as.to be of general
benefit to the surrounding neighborhood.
(d) A developer commits an offense if he intentionally or
knowingly fails to pay for street lighting as required and
approved by the Director of Planning and Traffic within 30 days
after notice by the Director of Planning and Traffic that electrical
power service is available for street lighting.
(e) For those subdivisions where citizens would like additional
street lighting, the following shall be in effect for mid -block
locations.
(1) The requestor shall be responsible to Houston
Lighting and Power for all installation charges.
(2) When the electrical service is provided at the
rear of properties, the requestor shall be responsible
for providing the required easement to the street.
(f) When additional street lighting is requested at intersections,
the city will provide only the monthly charge for the light. All
installation charges shall be the responsibility of the requestor.
Requests for additional street lighting at either mid -block locations
or intersections shall be made to the Director of Planning and
Traffic, who shall consider the benefit of the street light to
the surrounding area, the cost of service of the street light to
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30728 -lww
the city, and any other factors he deems necessary to approve
or disapprove the request. The decision of the Director of
Planning and Traffic may be appealed to City Council by the
requestor.
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.
Sec. 27 -76. Utility Location Standards.
Developers and utility companies will be required to
locate utility lines within easements in accordance with
City of Baytown Utility Location Standards. These standards
are on file with the City Clerk and City Engineer.
M