Ordinance No. 14,175ORDINANCE NO. 14,175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN
GENERAL," SECTION 126-1 "DEFINITIONS," SECTION 126-2 "PLAT
REQUIRED," SUBSECTION (D), SECTION 126-5 "ENFORCEMENT;
PENALTIES," SUBSECTIONS (A) AND (G), SECTION 126-6 "APPEAL OF
COMMISSION DECISION," SUBSECTION (A), AND SECTION 126-7
"UTILIZATION"; ARTICLE II "ADMINISTRATION," DIVISION 3.7
"AMENDING PLATS," SECTION 126-115 "DEFINITIONS" AND SECTION
126-116 "PURPOSE OF AMENDING PLAT"; DIVISION 4 "REVIEW
PROCEDURE," SUBDIVISION I "IN GENERAL," SECTION 126-126
"PROCESS"; SUBDIVISION II "DEPARTMENTAL REVIEW," SECTION
126-147 "PRELIMINARY APPROVAL APPLICATION"; SUBDIVISION IV
"FINAL APPROVAL," SECTION 126-189 "CONTENTS OF FINAL PLAT;
CONSTRUCTION APPROVAL," SUBSECTION (B); AND ARTICLE IV
"IMPROVEMENTS," DIVISION 2 "DESIGN STANDARDS," SUBDIVISION
IV "EASEMENTS," SECTION 126-583 "PRIVATE EASEMENTS,"
SUBSECTION (4) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AND AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE II
"ADMINISTRATION," DIVISION 1 "GENERALLY" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 126-37 "PROCEDURES FOR
SUBMISSIONS AND RESUBMISSIONS" (I) TO ESTABLISIi FILING
DATES FOR SUBMISSIONS AND RE -SUBMISSIONS OF PLATS AND (II)
TO ADD AND USE ASSOCIATED DEFINED TERMS; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 126 "Subdivisions," Article I "In General," Section 126-1
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to add definitions
of "filed" and "resubmitted" to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Filed means placed on the planning and zoning commission's posted agenda or
forwarded to the director for final approval, which may occur only after the city has completed
its administrative review of the submitted plat.
Resubmitted means placed on the planning and zoning commission's posted agenda or
forwarded to the director for final approval, which may occur only after the city has determined
that a response that satisfies each condition for the conditional approval or remedies each reason
for disapproval is provided.
Section 2: That Chapter 126 "Subdivisions," Article I "In General," Section 126-2
"Plat required," Subsection (d) of the Code of Ordinances, Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126-2. Plat required.
(d) The plat must be recorded with the county clerk of the county in which the tract is
located.
Section 3: That Chapter 126 "Subdivisions," Article I "In General," Section 126-5
"Enforcement; penalties," Subsections (a) and (g) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126-5. Enforcement; penalties.
(a) No map or plat of any subdivision or resubdivision within the city or its extraterritorial
jurisdiction shall be recorded unless and until the map or plat has been authorized by the
commission.
(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 that
has not had its final plat approved by the commission and recorded with the county clerk.
It is an exception to the application of this subsection if:
(1) Within a phased development containing public improvements that have not yet
been finally accepted, a developer constructs no more than four model homes,
provided that:
a. All off -site drainage or regional improvements have been installed,
inspected and accepted by the city;
b. Each model home is inspected and found to meet all building, plumbing
and fire code requirements prior to being opened to observation by the
public; and
C. The home will not be sold or occupied as a dwelling unit until all public
improvements within that phase have been completed and accepted by the
city; or
(2) No extension of a street, public utility, or other public improvement, excluding a
sidewalk, is required to support the proposed development of:
a. Property subdivided prior to July 13, 1978;
b. An accessory building is built on the same lot as a single-family dwelling;
provided no additional drainage improvement is required by this Code to
support such accessory building; or
C. An addition or alteration to a single-family dwelling existing on January
22, 2012; provided no additional drainage improvement is required by this
Code to support such addition or alteration.
Section 4: That Chapter 126 "Subdivisions," Article I "In General," Section 126-6
"Appeal of commission decision," Subsection (a) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126-6. Appeal of commission decision.
(a) Any person shall have the right to appeal any decision of the commission to the city
council by making written request to the city manager. Such request must be submitted to
i,
the city manager within 15 days after such person has been notified of the decision of the
commission on the matter involved.
Section 5: That Chapter 126 "Subdivisions," Article I "In General," Section 126-7
"Utilization" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126-7. Utilization.
No building permit shall be issued until the city engineer has stated in writing his
acceptance of the subdivision improvements, as provided in section 126-455, and the plat of the
subdivision has been recorded.
Section 6: That Chapter 126 "Subdivisions," Article II "Administration," Division 1
"Generally" of the Code of Ordinances, Baytown, Texas, is hereby amended by adding a new
section to be numbered and entitled Section 126-37 "Procedures for submissions and
resubmissions" to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE II. ADMINISTRATION
DIVISION 1. GENERALLY
Sec 126-37 - Procedures for submissions and resubmissions.
a. Initial Submissions. All plats shall be submitted to the planning and development
services department on the twenty-eighth (28"') day prior to the date of a regularly
scheduled planning and zoning commission meeting. The commission and the director
shall consider timely submitted plats only after the same are filed.
b. Resubmission. If a filed plat has not been unconditionally approved, it shall be
resubmitted only on the fourteenth (141h) day prior to a regularly scheduled planning and
zoning commission meeting. The commission and the director shall consider only timely
resubmitted plats.
C. JEithdrawals. A plat may be withdrawn at any time by applicant at its own request; and,
upon its resubmission, shall be considered an initial submission subject to subsection (a)
of this section.
d. Rejection. Plat submissions or resubmissions failing to meet the time requirements of
this section shall be automatically rejected and will not be received.
Section 7: That Chapter 126 "Subdivisions," Article II "Administration," Division 3.7
"Amending Plats," Section 126-115 "Definitions" of the Code of Ordinances, Baytown, Texas, is
hereby amended to amend the definition of "amending plat," to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE II. ADMINISTRATION
ā¯‘IVISION 3.7. AMENDING PLATS
See. 126-115. Definitions.
The following words, terms, and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Amending plat means an amendment to a plat, previously approved by the commission
and duly recorded, which is submitted to the commission for approval and recording, which is
signed by the applicants and is solely for one or more of the purposes enumerated in section 126-
116. An amending plat is not to be considered as a replat or re -subdivision and may not contain
any changes or additions to the physical characteristics of the original subdivision, but is
intended only to correct errors or miscalculations.
Section 8: That Chapter 126 "Subdivisions," Article II "Administration," Division 3.7
"Amending Plats," Section 126-116 "Purpose of amending plat" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE II. ADMINISTRATION
DIVISION 3.7. AMENDING PLATS
See. 126-116. Purpose of amending plat.
An amending plat may be submitted solely for one or more of the following purposes:
(1) To correct an error in a course or distance shown on the preceding plat;
(2) To add a course or distance that was omitted on the preceding plat;
(3) To correct an error in a real property description shown on the preceding plat;
(4) To indicate monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
(5) To show the location or character of a monument that has been changed in
location or character or that is shown incorrectly as to location or character on the
preceding plat;
(6) To correct any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats, including lot
numbers, acreage, street names, and identification of adjacent recorded plats;
(7) To correct an error in courses and distances of lot lines between two adjacent lots
if.
a. Both lot owners join in the application for amending the plat;
b. Neither lot is abolished;
C. The amendment does not attempt to remove recorded covenants or
restrictions; and
d. The amendment does not have a material adverse effect on the property
rights of the other owners in the plat;
(8) To relocate a lot line to eliminate an inadvertent encroachment of a building or
other improvement on a lot line or easement;
(9) To relocate one or more lot lines between one or more adjacent lots if:
a. The owners of all those lots join in the application for amending the plat;
b. The amendment does not attempt to remove recorded covenants or
restrictions; and
C. The amendment does not increase the number of lots;
(10) To make necessary changes to the preceding plat to create six or fewer lots in the
subdivision or a part of the subdivision covered by the preceding plat if:
a. The changes do not affect applicable zoning and other regulations of the
municipality;
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b. The changes do not attempt to amend or remove any covenants or
restrictions; and
C. The area covered by the changes is located in an area that the municipal
planning commission or other appropriate governing body of the
municipality has approved, after a public hearing, as a residential
improvement area; or
(11) To replat one or more lots fronting on an existing street if:
a. The owners of all those lots join in the application for amending the plat;
b. The amendment does not attempt to remove recorded covenants or
restrictions;
C. The amendment does not increase the number of lots; and
d. The amendment does not create or require the creation of a new street or
make necessary the extension of municipal facilities.
Section 9: That Chapter 126 "Subdivisions," Article II "Administration," Division 4
"Review Procedure," Subdivision I "In General," Section 126-126 "Process" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
DIVISION 4. - REVIEW PROCEDURE
Subdivision I. In General
See. 126-126. Process.
There shall be a three -stage process for subdivision plats required to be submitted to the
commission for approval, consisting of a departmental review (stage one) as described in
subdivision II of this division, preliminary approval (stage two) as described in subdivision III of
this division and final approval (stage three) as described in subdivision IV of this division. The
number of copies of the development plan required to be submitted at the appropriate times shall
be two (2) hardcopies and one electronic version in a city -approved format for stages two
(preliminary approval) and three (final approval).
Section 10: That Chapter 126 "Subdivisions," Article II "Administration," Division 4
"Review Procedure," Subdivision II "Departmental Review," Section 126-147 "Preliminary
approval application" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
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CHAPTER 126. SUBDIVISIONS
DIVISION 4. - REVIEW PROCEDURE
Subdivision II. Departmental Review
Sec. 126-147. Preliminary approval application.
Application for preliminary approval of the subdivision plat shall be made by the owner
or his authorized agent of all affected property and shall be submitted on a form prescribed by
the city planning staff and submitted with the planning and community development department.
The application shall be accompanied by a fee prescribed in the fee schedule, section 126-36,
and shall be accompanied by the following information:
(1) Copies of the preliminary development plan of the entire development drawn to
scale and showing streets, rights -of -way, utility easements, building lines,
relevant operational data, drawings and elevations clearly establishing the scale
and open space. Such development plan shall include a location map showing
information on the surrounding area within 400 feet of the development. A
boundary survey or a certified boundary description by a registered public
surveyor, plus contour information, shall also be submitted. The contours shall be
indicated on the preliminary plan, and such points shall be given to true elevation
above mean sea level as determined by the datum specified by the city engineer.
The base data shall be clearly indicated and shall be compatible to city datum, if
benchmarks are not adjacent. The following intervals are required:
a. One -foot contour intervals for ground slopes up to five percent;
b. Two -foot contour intervals for ground slopes between five percent and ten
percent; and
C. Five-foot contour intervals for ground slopes exceeding ten percent;
all elements listed in this subsection 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; and
(4) If it is proposed that the final plan will be executed in stages, a schedule thereof
shall be required.
Section 11: That Chapter 126 "Subdivisions," Article II "Administration," Division 4
"Review Procedure," Subdivision IV "Final Approval," Section 126-189 "Contents of final plat;
construction approval," Subsection (b) of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 126. SUBDIVISIONS
DIVISION 4. - REVIEW PROCEDURE
Subdivision IV. Final Approval
Sec. 126-189. Contents of final plat; construction approval.
(b) 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 in this division must be presented to the planning and
development services department prior to filing the final plat unless a security is
submitted in accordance with subsection (c) hereof.
Section 12: That Chapter 126 "Subdivisions," Article IV "Improvements," Division 2
"Design Standards," Subdivision IV "Easements," Section 126-583 "Private easements,"
Subsection (4) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 126. SUBDIVISIONS
DIVISION 2. DESIGN STANDARDS
Subdivision IV. Easements
Sec. 126-583. - Private easements.
In a subdivision, platting of public streets or easements across private easements or fee strips
shall be subject to the following:
(4) Prior to filing of the final plat for record, the following requirements shall be met:
a. The developer or dedicator of any plat shall obtain from the holder of any
private easement or fee strip within the plat crossed by proposed streets or
other public easements an instrument granting to the public the use of the
public streets or easements over and across the 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
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instrument shall be delivered to the director of planning and community
development to be recorded along with the plat.
b. The developer shall furnish the director of planning and community
development 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.
Section 13: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO'100 DOLLARS ($500.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 14: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency; and in all other respects, this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 15: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the 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 16: 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 passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 26"' day of September, 2019.
APPROVED AS TO FORM:
BRANDON CAPETILLO, M yor
f
NACIO RAMIREZ, SR C' Attorney
cobfs0l legal Karen Files City Council Ordman V
19 September 26 FdedResubmtttedPlats doc
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