Ordinance No. 10,683ORDINANCE NO. 10,683
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE III "DEVELOPMENTS,"
DIVISION I "GENERALLY" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND
ENTITLED SECTION 126-253 "GATE DESIGN FOR EMERGENCY ACCESS";
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE III "DEVELOPMENTS,"
DIVISION 2 "RESIDENTIAL" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND
ENTITLED SECTION 126-301 "LOCATION OF FIRE HYDRANTS"; AMENDING
CHAPTER 126 "SUBDIVISIONS," ARTICLE III "DEVELOPMENTS," DIVISION 3
"COMMERCIAL," SECTION 126-382 "PLAT REQUIRED"; SECTION 126-384
"WAIVER OF FINAL PLAT," SUBSECTION (A); AND SECTION 126-385
"LOCATION OF STRUCTURES; FIRE HYDRANTS; FIRE LANE EASEMENTS,"
SUBSECTIONS (A), (B) AND (E) OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS; AND REPEALING DIVISION 5 "PRIVATE SUBDIVISION
DEVELOPMENT," SECTION 126-438 "GATE DESIGN FOR EMERGENCY
ACCESS," SUBSECTION (C) OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS; CONTAINING 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 1: That Chapter 126 "Subdivisions," Article III "Developments," Division 1
"Generally" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add a new section
to be numbered and entitled Section 126-253 "Gate design for emergency access," which shall read as
follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION 1. GENERALLY
Sec. 126-253. Gate design for emergency access.
(a) Approval. The construction plans of the design of any gate constructed in the development of
commercial properties, industrial properties or private subdivisions 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 in commercial or industrial developments or in private
subdivision developments 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 in 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 subdivision 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 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 45 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 equal to the minimum
width of the fire lane or fire apparatus access road. The minimum clear opening must remain
unobstructed at all times. A minimum centerline turning radius on either side of the gate shall be
35 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
one-half inch 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 turnaround requirements of this Code will
apply to the portion of the private street where the gate is installed.
Section 2: That Chapter 126 "Subdivisions," Article III "Developments," Division 2
"Residential" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add a new
section to be numbered and entitled Section 126-301 "Location of fire hydrants," which shall read as
follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION 2. RESIDENTIAL
Section 126-301. Location of fire hydrants
Fire hydrants shall be spaced no further than 500 feet apart along access ways in residential areas.
Section 3: That Chapter 126 "Subdivisions," Article III "Developments," Division 3
"Commercial," Section 126-382 "Plat required" of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION 3. COMMERCIAL
Sec. 126-382. Plat required.
Under this division, every person, before making application for a building permit for the erection
of any building on any tract of land within the city's corporate limits, or the city's extraterritorial
jurisdiction, shall file a plat of such land with the 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 in this division when the building is:
(1) Designed for or to be used for occupancy by two families;
(2) Designed for use or occupancy by more than one business, industrial or commercial
establishment; or
(3) Located more than 150 feet from a public street or in conflict with the major thoroughfare
plan.
Section 4: That Chapter 126 "Subdivisions," Article III "Developments," Division 3
"Commercial," Section 126-384 "Waiver of final plat," subsection (a) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION 3. COMMERCIAL
Sec. 126-384. Waiver of final plat.
(a) Notwithstanding the general requirements in sections 126-382 and 126-383, the director of
planning and community development 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 easement will not be required due to the location and accessibiVity of
the building with respect to the existing public street system;
(2) Density requirements are not exceeded;
(3) All structures lie within 150 feet of a dedicated and improved street;
(4) No conflict exists with the major thoroughfare plan; and
(5) No street right-of-way dedication is required.
Section 5: That Chapter 126 "Subdivisions," Article III "Developments," Division 3
"Commercial," Section 126-385 "Location of structures; fire hydrants; fire lane easements," subsections
(a), (b) and (e) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE HI. DEVELOPMENTS
DIVISION 3. COMMERCIAL
Sec. 126-385. Location of structures; Tire hydrants; fire lane easements.
(a) Approved fire apparatus access roads as defined in the city's fire prevention code adopted in
Section 38-61, including fire lanes, shall be provided for every structure or portion thereof in a
commercial or industrial development within the city or its extraterritorial jurisdiction. The
exterior walls of the first story of a building in a commercial or industrial development shall be
located within a 150-foot travel distance from a dedicated, accessible, and approved public street
or fire access lane easement. The fire chief is authorized to increase the distance of 150 feet in
accordance with the city's fire prevention code adopted in section 38-61.
(b) Fire hydrants shall be spaced no further than 300 feet apart along access ways in commercial and
industrial developments. In commercial and industrial developments, fire hydrants shall be
required in accordance with the city's fire prevention code adopted in section 38-61.
(e) Dead-end fire apparatus access roads as defined in the city's fire prevention code adopted in
Section 38-61, including fire lanes, in excess of 150 feet in length shall be provided with an
approved area for turning around fire apparatus, in accordance with the city's fire prevention code
adopted in section 38-61.
Section 6: That Chapter 126 "Subdivisions," Article III "Developments," Division 5
"Private Subdivision Development," Section 126-438 "Gate design for emergency access" of the Code of
Ordinances, City of Baytown, Texas, is hereby repealed in its entirety.
Section 7: 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 8: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of the 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 effect 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 9: 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 10: 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 Baytown,
this the 23rd day of August, 2007.
BRANDON CAPETILLO, Mayor Pro Tem
:ity Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, Sr., Cit^ttorney
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