Ordinance No. 8,973Published in The Baytown Sun: 20000824 -1
Monday, August Z8, ZUUU, and
Friday, September 1, 2000. ORDINANCE NO. 8973
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE II "ADMINISTRATION,"
DIVISION 4 "REVIEW PROCEDURE," SUBDIVISION IV "FINAL
APPROVAL," SECTION 126 -186 "COMMISSION REVIEW; EXTENSION OF
TIME" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
EXTEND THE PERIOD OF TIME BY WHICH FINAL PLAT MUST BE
APPROVED; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 126 "Subdivisions," Article II "Administration," Division 4
"Review Procedure," Subdivision IV "Final Approval," Section 126 -186 "Commission Review;
Extension of Time" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to
read as follows:
Chapter 126 SUBDIVISIONS
Article II. Administration
Division 4. Review Procedure
Subdivision IV. Final Approval
Sec. 126 -186. Commission review; extension of time.
(a) Within 1,095 days after preliminary subdivision plat approval and within 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.
(b) When the developer believes that an extension of time is needed beyond the time allowed
in subsection (a) of this section, the developer may appeal in writing to the director of
planning and community development for additional time and must specify the reasons
therefor. The director of planning and community development may extend the 1,095 days
by up to 90 days, which shall not be more than 1,185 days from preliminary approval
action by the commission, if the director of planning and community development finds
that the requested extension of time is not caused, directly or indirectly, by any action or
omission of the developer, his engineer, or their respective officers, agents or employees or
® by the diligent pursuit thereof by such persons.
20000824 -1a
(c) When the developer believes that an extension of time is needed beyond the time allowed
® in subsections (a) and (b) of this section, the developer may, appeal in writing to the
commission for additional time and must specify the reasons therefor. The commission
then may grant an additional extension of time not to exceed
(1) 90 days from the extension granted pursuant to subsection (b) of this section or
(2) 180 days if no extension was granted pursuant to subsection (b) of this section,
if the commission finds that the requested extension of time is not caused, directly or
indirectly, by any action or omission of the developer, his engineer, or their respective
officers, agents or employees or by the diligent pursuit thereof by such persons.
(d) When the developer believes that an extension of time is needed beyond the time allowed
in subsections (a), (b) and (c) of this section, the developer may appeal in.writing to the
city council for additional time and must specify the reasons therefor. The city council
then may grant an additional extension of time not to exceed
(1) 180 days from the extensions granted pursuant to subsections (b) and (c) of this
section,
(2) 270 days if an extension was, granted pursuant to subsection (b) or (c) of this
section, but not both, or
(3) 360 days if no extension was granted pursuant to subsections (b) and (c) of this
section,
if the city council finds that the requested extension of time is not caused, directly or
indirectly, by any action or omission of the developer, his engineer, or their respective
officers, agents or employees or by the diligent pursuit thereof by such persons.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, 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 4: 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
2
20000824 -1b
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 24th day of August, 2000.
ATTEST:
//K
G ) SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
,;C6 C.
PETE C. ALFARO, ayor
isc:\MyDocuments\ Council\ 99- OOW ugust \TimingofFinalPlatClean080500
3