Ordinance No. 11,822ORDINANCE NO. 11,822
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE I "IN GENERAL,"
SECTION 126 -1 "DEFINITIONS," AND SECTION 126 -5 "ENFORCEMENT;
PENALTIES," SUBSECTION (G) OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO EXEMPT CERTAIN DIVISIONS OF LAND FROM THE SUBDIVISION
REGULATIONS AND TO ALLOW IN CERTAIN INSTANCES THE
CONSTRUCTION OF IMPROVEMENTS ON PROPERTY FOR WHICH A FINAL
PLAT HAS NOT BEEN APPROVED BY THE PLANNING AND ZONING
COMMISSION; PRESCRIBING A MAXIMUM OF FIVE HUNDRED AND NO /100
DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 126 "Subdivisions," Article I "In General," Section 126 -1
"Definitions," of the Code of Ordinances, Baytown, Texas, is hereby amended by revising the definition
of "subdivision," which definition shall read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
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. The term "subdivision" includes a re- subdivision (replat) but does not
include the following:
1. 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;
2. a division of land owned by the city;
a division of land created solely by the city's acquisition of a portion thereof; or
4. a division of land created by order of a court of competent jurisdiction.
Section 2: That Chapter 126 "Subdivisions," Article I "In General," Section 126 -5
"Enforcement; penalties," Subsection (g) of the Code of Ordinances, Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 126 -5. Enforcement; penalties.
(g) It shall be unlawful for any person to construct any improvement, other than public improvements
such as streets, utilities and drainage structures, in any development that has not had its final plat
approved by the commission and filed with the county clerk. It is an exception to the application
of this subsection if:
1. within a phased development containing public improvements that have not yet been
finally accepted, a developer constructs no more than four (4) model homes, provided
that:
all off -site drainage or regional improvements have been installed, inspected
and accepted by the city;
b. each model home is inspected and found to meet all building, plumbing and fire
code requirements prior to being opened to observation by the public; and
the home will not be sold or occupied as a dwelling unit until all public
improvements within that phase have been completed and accepted by the city;
or
2. no extension of a street, public utility, or other public improvement, excluding a
sidewalk, is required to support the proposed development of;
a. property subdivided prior to July 13, 1978;
b. an accessory building is built on the same lot as a single - family dwelling;
provided no additional drainage improvement is required by this code to
support such accessory building; or
C. an addition or alteration to a single family dwelling existing on January 22,
2012; provided no additional drainage improvement is required by this code to
support such addition or alteration.
Section 3: Any person who fails to comply with any provision of this ordinance hereof 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 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 provisions, section, exception, subsection, paragraph, sentence, clause 01'
phrase of this ordinance or the application of same to any person or set of circumstances, shall for ally
reason be held L11lC011StitUti0ll,1l, Void or invalid, SLICII 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: This ordinance shall take effect from and after ter ten (10) days from its passage by
the City Council, The City Clerk is hereby directed to give notice hereof by CaLlSillg 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, REIAD and PASSED by the affirmative vote o,
Baytown, this the 12"' day of'January, 2012.
1,11,"FICIA
APPROVE'D AS TO FORM:
<j7i�.-JAC-IORANIIIREZ, S-R,, Citiy ;A�itoirley
I
City COLl1lCi 101" the City Of
. DONCARLOS)Mayor