Ordinance No. 8,815Published in The_ Baytown _Sun:
Tuesday, February 1, 2000 and
Wednesday, February 2, 2000
ORDINANCE NO. 8815
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® AN ORDINANCE OF THE CITY OF' BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL," SECTION
126 -1 "DEFINITIONS" TO REVISE THE DEFINITION OF` "SUBDIVISION ";
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE II
"ADMINISTRATION," BY ADDING NEW DIVISIONS NUMBERED AND
ENTITLED DIVISION 3.5 "MINOR PLATS" AND DIVISION 3.7
"AMENDING PLATS "; 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 THE EFFECTIVE DATE THEREOF.
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, City of Baytown, Texas, is hereby amended, in part, to
define "subdivision" which shall 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:
Subdivision means a division of a tract or parcel of land within the limits or in the
extraterritorial jurisdiction of the city into two or more parts to lay out a subdivision of the tract,
including an addition to the city, to lay out suburban, building, or other lots, or to lay out streets,
alleys squares, parks or other parts of the tract intended to be dedicated to public use or for the
use of purchasers or owner of lots fronting on or adjacent to the streets, alleys, squares, parks, or
other parts. A subdivision in this chapter includes a division regardless of whether it is made by
using a metes and bounds description in a deed of conveyance or in a contract for a deed, by
using a contract of sale or other executory contract to convey or by using any other method. A
subdivision under this chapter does not include a division of land into parts greater than five
acres, where each part has access and no public improvement is being dedicated as described
hereinabove. Subdivision includes re- subdivision (replat).
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Section 2: That Chapter 126. "Subdivisions," Article II "Administration" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding a division to be numbered
and entitled Division 35 "Minor Plats," which said section reads as follows:
Chapter 126 SUBDIVISIONS
Article II Administration
Division 3.5. Minor Plats
Sec. 126 -105. 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:
Minor plat shall be defined as a plat of a tract of land, which includes four, or fewer lots,
which also meets the following conditions:
(a) each lot of the subdivision shall have frontage on an existing public street, and
shall not require the creation of any new street, or the extension of any existing
street;
(b) the subdivision shall be served by existing municipal utilities of adequate
capacity, and shall not require the extension of any municipal utilities, except for
the installation of service lines to the individual lot(s) from existing mains of
adequate capacity; and
(c) no variance from the standards of this code is required.
Sec. 126 -106. Platting procedures.
(a) Submission of preliminary plat. Application for the approval of a minor plat shall be
made by the owner or his authorized agent and shall be made on a form prescribed by the
director of planning and community development. The applicant shall submit the
completed application form and five copies of the preliminary plat to the director.
(b) Application Fee. An application fee of $20.00 shall accompany every application for a
minor plat.
(c) Administrative review. The director of planning and community development shall
review the proposed minor plat to ensure compliance with all appropriate requirements of
this code. The director of planning and community development may submit the minor
plat to other departments for review and comment, as the director deems necessary.
Within ten business days after the date of the application, the minor plat shall be returned
to the applicant along with written analysis detailing the items which must be addressed
in order to comply with the code.
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(d) Submission and approval of final plat. Within ten business days of receipt of the written
analysis, the applicant shall submit to the director of planning and community
development its final plat which shall include the following items:
(a) a reproducible mylar of the final plat, and the copies of the original submittal with
Staff analysis and commentary;
(b) five true to scale 18 inch by 24 inch copies of the final plat;
(c) tax certificates stating that no taxes are delinquent against the property; and
(d) the appropriate fees for filing the plat with the county clerk.
If the items listed in this subsection are timely submitted and if all of the issues and
corrections have been addressed as required by the code as determined by the director of
planning and community development, the director may approve the minor plat.
(e) Expiration of preliminary plat. If the items listed in subsection (d) of this section are not
submitted within ten business days of the applicant's receipt of the written analysis or if
the issues and corrections have not been addressed as required by the code as determined
by the director of planning and community development within such period of time, the
minor plat application along with the preliminary pat shall automatically expire and the
applicant will be required to submit a new application for the proposed subdivision.
Sec. 126 -108. Review by the commission.
(a) The director of planning and community development may, for any reason, elect to
forward the minor plat to the commission for review and approval.
(b) The director of planning and community development must refer any minor plat, which
he refuses to approve to the commission for its consideration.
Sec. 126 -109. Limitation.
Land subdivided through the minor plat process shall not be resubdivided or replatted by
amendment or otherwise for a period of one year from the approval of the original minor plat,
unless it is approved by the commission.
Section 3: That Chapter 126 "Subdivisions," Article II "Administration" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding a division to be numbered
and entitled Division 3.7 "Amending Plats," which said section reads as follows:
U
Chapter 126 SUBDIVISIONS
Article II Administration
Division 3.7. Amending Plats
Sec. 126 -115. Definitions
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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 resubmitted to the commission for reapproval 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.
Sec. 126 -116. Purpose of Amending Plat.
An amending plat may be filed 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;
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(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) 1 the changes do not affect applicable zoning and other regulations of the
municipality;
(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.
Sec. 126 -117. Plating procedures.
(a) Submission of preliminary plat. Application for the preliminary approval of an
amending plat shall be made by the applicants or their authorized agent and shall be made
on a form prescribed by the director of planning and community development. The
application shall be accompanied by five copies of the preliminary development plan of
the entire development drawn to scale and showing streets or drives, utility easements,
and lots. A boundary survey or a certified boundary description by a registered public
surveyor shall also be submitted.
(b) Application fee. An application fee of $20.00 shall accompany every application for an
amending plat.
(c) Administrative review. The director of planning and community development shall
review the proposed amending plat to ensure compliance with all appropriate
requirements of the code. The director of planning and community development may
submit the amending plat to other departments for review and comment, as the director
deems necessary. Within ten business days after the date of the application, the
amending plat shall be returned to the applicant along with written analysis detailing the
items which must be addressed in order to comply with the code.
(d) Submission and approval of final plat. Within ten business days of receipt of the written
analysis, the applicant shall submit to the director of planning and community
development its final plat which shall include the following items:
(e) a reproducible mylar of the final plat, and the copies of the original submittal with
Staff analysis and commentary;
(f) five true to scale 18 inch by 24 inch copies of the final plat;
(g) tax certificates stating that no taxes are delinquent against the property; and
(h) the appropriate fees for filing the plat with the county clerk.
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If the items listed in this subsection are timely submitted, if all of the issues and
corrections have been addressed as required by the code as determined by the director of
planning and community development, and , if the amending plat is signed by the
applicant only, the director may approve the amending plat.
(e) Expiration of preliminary plat. If the items listed in subsection (d) of this section are not
submitted within ten business days of the applicant's receipt of the written analysis or if
the issues and corrections have not been addressed as required by the code as determined
by the director of planning and community development within such period of time, the
amending plat application along with the amending pat shall automatically expire and the
applicant will be required to submit a new application for the amending plat.
Sec. 126 -118. Review by the commission.
(a) The director of planning and community development may, for any reason, elect to
forward the amending plat to the commission for review and approval.
(b) The director of planning and community development must refer any amending plat,
which he refuses to approve to the commission for its consideration.
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 6: 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 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 passage of this ordinance.
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INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 27th day of January, 2000.
4� e g�-
PETE C. ALFARO, ayor
ATTEST:
1
EILEEN P. HAUL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., ity Attorney
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