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Ordinance No. 11,363ORDINANCE NO. 11,363 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER- 126 "SUBDIVISIONS," ARTICLE II "ADMINISTRATION," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 3.6 "MINOR REPEATS" IN ORDER TO DELEGATE TO THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES THE AUTHORITY TO APPROVE MINOR REPEATS; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/] 00 DOLLARS ($500.00); PROVIDINO A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF- * *WWWWWWWW4c *,* **.&.b*ww4cwwwwwg -WW *W*WWWa* *4-4- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 126 "Subdivisions," Article II "Administration," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding a new division to be numbered and entitled Division 3.6 "Minor Replats," which division shall read as follows: CHAPTER 126. SUBDIVISIONS ARTICLE II. ADMINISTRATION DIVISION 3.6. MINOR REPLAYS See. 126 -109. Definitions. The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to thent in this section, except where the context clearly indicates a different meaning: Minor reptat shall be defined as a replat of a tract of land, which involves four, or fewer lots, which also meets the following conditions: (1) 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; (2) 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 (3) No variance from the standards of this Code is required. See. 126 -110. Platting procedures. (a) Submission ofprelirrrirzavy plot_ Application for the approval of a minor replat 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 520.00 shall accompany every application for a minor replat. (c) Administrative review. The director of planning and community development shall review the proposed minor replat to ensure compliance with all appropriate requirements of this Code. The director of planning and community development may submit the minor replat to other departments for review and comment, as the director deems necessary. Within ten business days after the date of the application, the minor replat 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: (1) A reproducible mylar of the final plat, and the copies of the original submittal with staff analysis and commentary; (2) Five true to scale 18 inch by 24 inch copies of the final plat; (3) Tax certificates stating that no taxes are delinquent against the property; and (4) The appropriate fees for filing the replat 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 replat. (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 replat application along with the preliminary replat shall automatically expire and the applicant will be required to submit a new application for the proposed subdivision. Sec. 126 -111. Review by the commission. (a) The director of planning and community development may, for any reason, elect to forward the minor replat to the commission for review and approval. (b) The director of planning and community development must refer any minor replat, which he refuses to approve to the commission for its consideration. Sec. 126 -112. Limitation. Land subdivided through the minor replat process shall not be resubdivided or replatted by amendment or otherwise for a period of one year from the approval of the original minor replat, unless it is approved by the commission. Section 2: l".."very person convicted of as vKhtion of any provision of this ordinance hercill sliaH be puniAwd by as fine not exceeding FIVE HUNDRE'.D AND NWOO DOLLARS, ($.500)0)� Each act of violation all(] each day upon which any such violation shill occur shall constitute at separate offense, fit addition to the penalty presedbed above, the city may pursue other remedies such as abatement of nuisances, hr unctime ivheL adminkirmA adjulcation and revocathmi oflicenscs ot- pennitk Section 3: All ordiriances or pans of ot-dhimms inconsistern Qh Ow tams of MR orTnarice are hereby repealed, provided, however, that such repeal shall be Ndy to die extent of such hwonvistency and in all other respects this ordinance shall be curnulathe of other Nihnanc" repTuNg and gca unbg die subject matter covered by this ordinance. Soxtion 4: 1 r my provision, section, exception, subsectAL paragritph, sentence, clause or phrase of this ordinance (w the apphention or same to an), person or the set ol'circurnstances, shal I for any reason he held tmcomistit tit ional, void or NOW, such invalidity shall not affect the validity of the remaining provisions orthis ordinance or their application to other persons or sets of'circurnstances and to this end '111 provisions of this ordinance are declared to be severable. Section 5: This ordinance shall We endt Boni and after ten ( 10) clays korn its passage by the CAQ, Council. The City Clak is hemby thwed to gNv notice hereof by causing the caimbn of this ordinancc to be published in We official newspaper or the City or Buytown at Ram twice milk ten 00) days after pamage cal` ibis ordinance. INTROEATFI), lkl,-,AD, and PASSED by the aninnme vote or the city Incil c:A, tile City or llalown, this flie 27'�' day ol'Nlay. 2010 rH ....... . . A T ITE, F"'- "VI el c I APPROVI.,"J) AS TO FORNI: ---'6 .......... il 40TACK) RAN] I 7KF,,J, S�R- C"it norney ,'O+, I% HcphKalen'l deoChy CA mnc &A 4dumnw20WN by 27 A I Wr Repims doo STI-.'1�41-,N TTTONCARLOS, Nlayor