Ordinance No. 8,452981124 -1
Published in The Baytown Sun:
Tuesday, December 1, 1998, and
Wednesday, December 2, 1998, ORDINANCE NO. 8452
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS, ARTICLE III "DEVELOPMENTS" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A
DIVISION TO BE NUMBERED AND ENTITLED DIVISION 5 "GATED
COMMUNITIES "; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That Chapter 126 "Subdivision," Article III "Developments" of the Code of
Ordinances, City of Baytown, Texas is hereby amended by adding a division to be numbered and
entitled Division 5 "Gated Communities," which said division reads as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
Division 5. Private Subdivision Development
Sec. 126 -431. Definition.
In this division, 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:
Private street means any street, alley, road, or right -of -way, not dedicated to the public.
Private subdivision means a subdivision containing one or more private streets.
Sec. 126 -432. Applicability of division.
The requirements in this division shall apply to all private subdivisions within the city's
corporate limits and its extraterritorial jurisdiction, unless expressly stated otherwise, and shall
be in addition to all otherwise applicable requirements in this chapter.
Sec.126 -433. Infrastructure requirements.
(a) Private streets. Improved portions of private streets shall comply with the specifications
and design standards set forth in Article IV and V of this chapter. Private streets shall be
owned and maintained by a corporation, community association or other legal entity
established for this purpose.
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® (b) Sidewalks, driveways, curbs and gutters. Cement or concrete sidewalks, driveways, curbs
and gutters shall comply with the specifications and regulations contained in chapter 122.
_Deed restrictions. shall be required to_ ensure sidewalks remain unobstructed. Sidewalks,
curbs and gutters in a private subdivision shall be owned and maintained by a
corporation, community association or other legal entity established for this purpose.
(c) Wheelchair ramps.
(1) Wheelchair ramps shall be constructed at the entrance to all crosswalks where
sidewalks exists or where otherwise required by section 122 -91.
(2) Where sidewalks or curbs exist, wheelchair ramps shall be added at locations
specified in subsection (1) of this subsection (c), whenever any work is proposed
to existing driveways, curbs, or sidewalks. Also, wheelchair ramps shall be added
wherever missing sidewalks or curb segments are added in front of any lot or
block of subdivision.
(3) Wheelchair ramps shall conform to the design and construction standards of the
city. Any deviation from the standards must be approved in writing by the
director of public works in consultation with the director of human resources.
(4) Wheelchair ramps shall be owned and maintained by a corporation, community
association or other legal entity established for this purpose
(d) Utilities. All utility systems shall comply with the requirements of this chapter, chapter
98 and any other applicable regulations of the city. Water, sanitary sewer, and storm
sewer systems within a private subdivision shall be dedicated to the public and
maintained by the city in the same manner as its other water, sanitary sewer, and storm
sewer systems. All utilities so dedicated within the city limits must be accepted in
writing by the city prior to recording of the final plat.
(e) Easements. Publicly owned and/or maintained utilities shall be placed in public streets or
easements dedicated to the public, which are a minimum of 16 feet in width unless a
narrower width is approved by the city engineer.
Sec. 126 -434. Infrastructure compliance.
Upon completion of construction and prior to approval by the city engineer, the city
engineer shall be provided with a written certification signed by a registered professional
engineer certifying that all infrastructure enumerated in section 126 -433 was designed and
installed as required by the provisions of this chapter. The construction of all infrastructure
detailed in section 126 -433 shall be inspected while in progress by the city engineer and must
receive final approval upon completion by the city engineer. The platting, review, approval and
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® filing processes described in article II of this chapter shall govern all plats of private
subdivisions.
Sec. 126 -435. Common areas and facilities maintenance.
(a) Responsibility for maintenance. Adequate provision shall be made for a community
association or other legal entity with direct responsibility to, and control by, the property
owners involved to provide for the operation and maintenance of all common areas and
facilities, including private streets and sidewalks which are a part of the private
subdivision. The applicant shall submit a legal instrument establishing a plan for the use
and permanent maintenance of the common areas /facilities and demonstrating that the
community association is self - perpetuating and adequately funded to accomplish its
purposes, and providing the city and other governmental authorities with written
permission for access at any time without liability when on official business, and further
to permit the city to remove obstructions if necessary for emergency vehicle access and
assess the cost of removal to the owner of the obstruction. The instrument must be
approved as to legal form by the city attorney prior to any plat recordation and shall be
recorded at the same time as the plat.
(b) Inspections. The city may periodically inspect private streets and sidewalks and require
repairs necessary to ensure public health, safety and emergency access as specified in
subsection (c) of this section.
(c) Repairs ordered by the city. All repairs to and maintenance of private streets and
sidewalks, which are ordered by the city engineer in writing and sent to the community
association or other legal entity responsible for such repairs and/or maintenance as
specified in the deed restrictions approved by the city attorney, must be completed within
the time specified in the notice. Failure to timely complete the ordered repairs or
maintenance may result in any one or more of the following, at the sole option of the city:
(1) emergency services being withheld if emergency vehicles cannot safely access the
emergency site; and/or
(2) the removal of all gates inhibiting access to the public and the dedication of the
private streets, sidewalks, and right -of -way to the public.
Sec. 126 -436. Lot size.
All lots within a private subdivision within the city limits shall conform to this chapter
and chapter 130, including, but not limited to, the property development standards enumerated
therein.
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® Sec. 126 -437. Streetlights and signs.
Streetlights and street name signs shall be in compliance with Sections 126 -642 and 126 -
643, _respectively.. Furthermore, .the. entrances, to all private. streets -from public -ways must be
marked with a sign stating that the street is a private street.
Sec. 126 -438. Gate design for emergency access.
(a) Approval. The construction plans of the design of the gate must be submitted to and
approved by the chief of the fire department as well as the city engineer.
(b) Access. All restricted access entrances must provide at all times a means for access by
city employees discharging their responsibilities, providing any municipal services, or
enforcing any of the rules and regulations contained this code or any code adopted by this
code as well as by all personnel of other governmental entities charged with enforcing
laws, rules or regulations or providing services within the city into the subdivision in
accordance with this section. If the corporation, community association or other legal
entity responsible for maintaining the private streets fails to maintain reliable access as
required to provide the city services, the city may enter the subdivison and remove any
gate or device which constitutes a barrier to access at the sole expense of the corporation,
community association or other legal entity responsible for maintaining the same. The
corporation, community association or other legal entity responsible for maintaining the
streets in need of repair shall be responsible for the costs associated with the removal of
any and all gates from a private subdivision together with all maintenance expenses to
bring the street in compliance with this division. Such costs must be paid within thirty
(30) days after receipt of a bill therefor.
(c) Location and specifications. All plans for installation of gates shall be approved by the
chief building official and the chief of the fire department prior to any construction.
Gates shall be set back at least forty (40) feet from any public way to allow fire apparatus
to park completely off the street while gaining access. The minimum clear opening for
any gate shall, be twenty (20) feet. Gates shall be equipped with an automatic reversing
system in the event the gate strikes an object while opening or closing. There shall be
neither exposed gears nor overhead electrical wiring in any gate system. Electric gates
shall be equipped with a single key, city - approved emergency access system designed to
open and lock open both the entry and exit gates. The key switch shall be installed in a
location approved by the fire department. In addition, a system key controlled "fail safe"
mechanism shall be installed to allow the gate to be manually opened in the event of a
power or mechanical failure. All fittings for system padlocks shall have a minimum %"
diameter hole. The city - approved control access system shall be operational and pass
inspections of both the chief building official as well as the chief of the fire department
before the gate may be placed in operation. Secondary emergency access gates shall be
equipped with city- approved emergency access system padlocks and shall be
® unobstructed at all times. These gates shall be equipped with a positive mechanical latch
to lock them in the open position. All fire lane widths, turning radiuses, set back and
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® turnarounds requirements of this code will apply to the portion of the private street where
the gate is installed.
Sec. 126 -439. Location restrictions on private subdivisions.
(a) A private subdivision may not cross an existing or proposed thoroughfare.
(b) A private subdivision may not disrupt or cross any existing or proposed public pedestrian
pathway, hike and bike trail, or park, as shown on the city's most recent park plan.
Sec. 126 -440. Garbage collection.
I£ in the opinion of the director of public works, private streets within the city limits are
arranged so that garbage may be collected without creating a safety hazard, the City will collect
the garbage. Garbage collection locations shall be subject to the approval of the director of
public works. In the event the city does not collect garbage within a private subdivision within
the city limits, all units may be exempted from payment of garbage fees upon furnishing
evidence ensuring acceptable removal of all garbage and refuse by private means. To receive
such exemption, written application must be submitted to and approved" by the director of
finance.
Sec. 126 -441. Additional information on plat required.
(a) Indemnification. On the subdivision final plat shall be the following language:
It shall be expressly understood and 'agreed by and between the owner of the
subdivided property that the owner, its officers, agents and employees and/or its
successors, assigns (collectively the "owner ") shall defend, indemnify and hold
the city, its officers, agents and employees (collectively the "city "), harmless
against any and all claims, lawsuits, judgments, costs and expenses, including
attorneys' fees, for personal injury, death, property damage or other harm for
which recovery of damages is sought, suffered by any person, that may arise out
of or be occasioned in any way by the repair, maintenance or condition of any
utility, private street, sidewalk, streetlight, or street sign located within the
subdivision or the gates and/or barriers restricting access to the private
subdivision, where such injuries, death or damages are caused by the joint
negligence of the city and the owner, and/or by the joint or sole negligence of the
owner. It is the expressed intention of the parties hereto, both the owner and the
city, that the indemnity provided for in this subsection is indemnity by the owner
to indemnify, protect and defend the city from the consequences of the city's own
negligence where that negligence is a concurring cause of the injury, death or
® damage with that of the owner's joint and sole negligence. Furthermore, the
indemnity provided for in this subsection shall have no application to any claim,
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loss, damage, cause of action, suit and liability where the injury, death or damage
results from the sole or concurrent negligence of the city unmixed with the fault
of the owner. If any action or proceeding is brought against the city by reason of
any of the private subdivision in any way,. the owner-further agrees and -covenants
to defend the action or proceeding by legal counsel acceptable to the city, such
acceptance not to be unreasonably withheld.
(b) Dedication to public. The final subdivision plat shall also include verbiage approved by
the city attorney which results in the private streets, sidewalks and/or other common areas
noted thereon being dedicated, without consideration, to the public at the option of the
city should the private streets or sidewalks, or access to the same fail to comply with this
division.
Sec. 126 -442. Notice to Purchasers.
(a) A person who sells or conveys real property located within a private subdivision shall
tender a written notice to purchaser as provided in this section.
(b) The provisions of this section shall not be applicable to:
(1) transfers of title under any type of lien foreclosure;
(2) transfers of title by deed in cancellation of indebtedness secured by a lien upon
the property conveyed; or
(3) transfers of title by reason of a will or probate proceedings.
(c) The notice required herein shall be executed by the seller and shall read as follows:
The real property, described below, that you are about to purchase is located
within a private subdivision as defined by Chapter 126 of the Code of Ordinances
of the City of Baytown, Texas. The streets, sidewalks, driveways, curbs and
gutters within the private subdivision are not maintained by the City of Baytown,
but by a corporation, community association or other legal entity, with direct
responsibility to, and controlled by, the property owners of property within the
private subdivision. Such corporation, community association or other legal
entity solely has the obligation to provide for the operation and maintenance of all
streets, sidewalks, driveways, curbs, gutters, and other common areas within the
subdivision.
Failure to timely complete repairs or maintenance to streets, sidewalks,
driveways, curbs and gutters within as ordered by the city engineer may result in
(i) emergency services being withheld if emergency vehicles cannot safely access
the emergency site; and/or (ii) the removal of all gates inhibiting access to the
public into the subdivision and the dedication of the private streets, sidewalks, and
right-of-way to the public without consideration.
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® Additionally, because the private subdivision prevents access to the general
public, emergency services may be delayed in order for the emergency vehicles to
gain access to the private subdivision.
The legal description of the property you are acquiring is as follows:
Signed this the _ day of , 1998.
Signature of Seller
•
The undersigned purchaser hereby acknowledges receipt of the foregoing notice
at or prior to execution of a binding contract for the purchase of the real property
described in such notice or at closing of purchase of the real property.
Signed this the ____ day of , 1998.
Signature of Purchaser
(d) The notice required by this section shall be given to the prospective purchaser prior to
execution of a binding contract of sale and purchase either separately or as an addendum
or paragraph of a purchase contract. If, however, the seller fails to furnish the required
notice at or prior to closing the purchase and sale contract and the purchaser closes on the
property, it shall be conclusively presumed that the purchaser closed on such property
with knowledge of all of the information contained in the notice.
(e) At the closing of purchase and sale, a separate copy of such notice shall be executed by
the seller and purchaser, acknowledged, and thereafter recorded in the deed records of the
county in which the property is located.
(f) For the purposes of this section, an executory contract of purchase and sale having a
performance period of more than six months shall be considered a sale under Subsection
(a)
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® See. 126 -443. Petition to convert to private streets.
(a) All petitions for the conversion of public streets to private streets shall be submitted by a
corporation, community association or other legal entity, which will be responsible for
the maintenance and repair of the streets and fulfill the other obligations specified in this
division, to the city clerk, who will verify that all of the appropriate signatures are on the
petition. The petition must be signed by each person owning property along or property
accessed from each proposed private street and must include a metes and bounds
description of each street to be conveyed as a private street. If not all of the requisite
signatures are on the petition, the city clerk shall return the petition to the corporation,
community association or other legal entity that submitted the same. On the other hand if
the city clerk determines that all of the requisite signatures are on the petition, the city
clerk shall submit the petition to the commission for consideration and recommendation
to the city council.
(b) The commission shall review the location, alignment and width for a proposed private
street. If such complies with this division as well as the thoroughfare plan, the
commission shall recommend that the city council grant preliminary approval of the
private street conversion. If the proposed public street dedication does not comply with
the thoroughfare plan, the growth management and development advisory commission
shall recommend disapproval.
(c) The city council, after receipt of the recommendation of the commission shall grant
approval or disapproval of the conversion of the street from public to private. If approval
is granted:
(1) the conveyance of the property shall contain a possibility of reversion back to the
city at its option should the street, sidewalks and gates not be maintained in
accordance this division;
(2) the corporation, community association or other legal entity established for
maintaining and repairing the private street shall tender in full the purchase price
of the street to the City within ten days after receiving written notice of the city
council's approval of the petition. The sales price shall be determined by an
independent appraisal conducted by an appraiser approved by the city manager
and certified by the Texas Appraiser Licensing and Certification Board. The
appraiser shall be paid by the corporation, community association or other legal
entity desiring to purchase the public street;
(3) the corporation, community association or other legal entity established for
maintaining and repairing the private street shall comply with all other provisions
of this division.
® Section 3: Every person convicted of a violation of any provision of this ordinance
shall be punished by a fine not exceeding FIVE HUNDRED AND NO /100 DOLLARS
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($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 4: 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 5: 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 b: 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 24`h day of November, 1998.
ATTEST:
ILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIkEZ, SR 'ty Attorney
/,�
PETE C. ALF O, Mayor
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