Ordinance No. 11,980ORDINANCE NO. 11,980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS,"
ARTICLE II "BUILDING CONSTRUCTION STANDARDS," DIVISION 3
"BUILDING CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 18 -93
"SIDEWALKS" TO REQUIRE THE INSTALLATION OF SIDEWALKS IN CERTAIN
ZONING DISTRICTS PRIOR TO CONSTRUCTION OR THE TENDER OF MONIES
TO THE CITY FOR SUCH INSTALLATION; AMENDING CHAPTER 122
"STREETS AND SIDEWALKS," ARTICLE II "CONSTRUCTION OF SIDEWALKS,
CURBS AND GUTTERS AND DRIVEWAYS," DIVISION 3 "SPECIFICATIONS
AND OTHER REGULATIONS," SECTION 122 -91 "CEMENT OR CONCRETE
WORK," SUBSECTION (5)(G) OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO CLARIFY THE LOCATION OF SIDEWALKS; AMENDING CHAPTER
126 "SUBDIVISIONS," ARTICLE II "ADMINISTRATION," DIVISION 4 "REVIEW
PROCEDURE," SUBDIVISION IV "FINAL APPROVAL," SECTION 126 -189
"CONTENTS OF FINAL PLAT; CONSTRUCTION APPROVAL," SUBSECTION (C)
AND ARTICLE IV "IMPROVEMENTS," DIVISION I "GENERALLY" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 126 -460 "SIDEWALKS" OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO REQUIRE THE INSTALLATION OF
SIDEWALKS IN CERTAIN ZONING DISTRICTS PRIOR TO FINAL PLAT
APPROVAL UNLESS A FORM OF SECURITY IS PROVIDED FOR THE
CONSTRUCTION OF THE SIDEWALKS; PROVIDING 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 18 "Buildings and Building Regulations," Article II "Building
Construction Standards," Division 3 "Building Code" of the Code of Ordinances, Baytown, Texas, is
hereby amended to add a new section to be numbered and entitled Section 18 -93 "Sidewalks," which
section shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18 -93. Sidewalks
(a) Construction required. Except as provided in Subsection (b) of this section, sidewalks
conforming to the requirements of chapter 122 of this code shall be required to be constructed
along all roadways abutting property located in an NC, UN or MU zoning district on which
development or construction is to occur.
(b) Fee required.
(1) Definition. As used in this subsection (b) an "infill site" shall mean any vacant lot or parcel
within the city, where at least 80 percent of the land within a 300 -foot radius of the site has
been developed and where water, sewer, streets, and fire protection are available.
(2) Fee. At an infill site located adjacent to properties that do not have sidewalks to which the
infill site's sidewalk could connect, the owner or developer, in lieu of constructing a
sidewalk, shall pay at the time of the issuance of a building permit a fee. Such fee shall be in
an amount equal to the cost of the construction of the sidewalk at the infill site per linear
square foot based upon the competitively bid prices obtained by the city for its annual
concrete work contract.
(3) Accounting. All fees collected under this section shall be deposited in a dedicated fund to
which interest is allocated. All such amounts together with interest earned thereon, shall be
used solely for the purpose of installing a sidewalk at the property for which the fee is paid.
(4) Refund. If a sidewalk is not installed by the city within ten years of the date of collection, the
fee paid shall be refunded upon written request of the record owner of the property for which
the fee was paid together with interest at the rate specified in Section 302.002 of V.T.C.A.,
Finance Code.
Section 2: That Chapter 122 "Streets and Sidewalks," Article II "Construction of Sidewalks,
Curbs and Gutters and Driveways," Division 3 "Specifications and Other Regulations," Section 122 -91
"Cement or concrete work," subsection (5)(g) of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 122. STREETS AND SIDEWALKS
ARTICLE II. CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS AND
DRIVEWAYS
DIVISION 3. SPECIFICATIONS AND OTHER REGULATIONS
Sec. 122 -91. Cement or concrete work.
The city adopts and approves, as standard specifications for cement or concrete sidewalks,
driveways, curbs and gutters, the following:
(5) Sidewalks.
g. Location. Sidewalks will be located at the property line within the city's right -of-
way or as otherwise directed by the city engineer.
Section 3: That Chapter 126 "Subdivisions," Article II "Administration," Division 4
"Review Procedure," Subdivision IV "Final Approval," Section 126 -189 "Contents of final plat;
construction approval" Subsection (c) of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
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CHAPTER 126. SUBDIVISIONS
ARTICLE II. ADMINISTRATION
DIVISION 4. REVIEW PROCEDURE
SUBDIVISION IV. FINAL APPROVAL
Sec. 126 -189. Contents of final plat; construction approval.
(c) If the subdivider chooses to file security in lieu of completing construction prior to final plat
filing, he may utilize one of the methods of posting security detailed herein based upon the type
of development.
(1) For all developments except for those listed in subsection (c)(2) of this section, a
subdivider may only file security in lieu of completing construction if all water lines,
sanitary sewer lines, and stormwater systems are completed and approved by the city
engineer and if at least 50 percent of all required improvements, including streets,
sidewalks, and lift stations, if any, have been completed. If these requirements are met,
the subdivider may:
a. File with the department of planning and development services a bond executed
by a surety company licensed to do business in the state and acceptable to the
city, on the form provided by the city, in an amount equal to 110 percent of the
estimated cost of the improvements required by this chapter and conditioned
upon the satisfactory completion of all required improvements, including
streets and lift stations, if any, in full compliance with the Code within the time
for completion as established by the city engineer. The estimated cost shall be
approved by the city engineer, and the performance bond shall be approved as
to form and legality by the city attorney;
b. Place on deposit in a bank or trust company in the name of the city and
approved by the city and file a copy of such with the department of planning
and development services in a trust account a sum of money equal to 110
percent of the estimated cost of all improvements required by this chapter,
which account shall be conditioned upon the satisfactory completion of all
required improvements, including streets and lift stations, if any, in full
compliance with the Code within the time for completion as established by the
city engineer. The estimated cost shall be approved by the city engineer.
Selection of the trustee shall be subject to approval by the city, and the trust
agreement shall be executed on the form provided by the city and approved as
to form and legality by the city attorney;
C. File with the department of planning and development services a letter, on the
form provided by the city, signed by a principal officer of a bank or federally
insured savings and loan association or other financial institution acceptable to
the city, agreeing to pay to the city, on demand, a stipulated sum of money
equal to l 10 percent of the estimated cost of improvements required by this
chapter to apply to the costs of installation of all improvements for which the
subdivider or developer is responsible under this chapter. The time for
completion shall be established by the city engineer and the guarantee payment
sum shall be the estimated costs as approved by the city engineer. The letter
shall state the name of the subdivision and shall list the improvements and
amounts which the subdivider or developer is required to provide; or
d. File with the department of planning and development services a cashier's or
certified check payable to the city in an amount equal to 110 percent of the
estimated cost of the improvements required by this chapter.
(2) For developments located within an area annexed for limited purposes by the city, a
subdivider may file security in lieu of completing construction of water lines, sanitary
sewer lines, stormwater systems, and required improvements, including streets,
sidewalks, and lift stations, if any, if the development:
a. is located within a light industrial (LI) or heavy industrial (HI) zoning district
or
b. is comprised of only commercial uses, one of which has a building footprint in
excess of 100,000 square feet.
The security may be in any of the forms referenced in subsection (c)(1)a through
(c)(1)d of this section.
Section 4: That Chapter 126 "Subdivisions," Article IV "Improvements," Division 1
"Generally" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new section to be
numbered and entitled Section 126 -460 "Sidewalks," which section shall read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE IV. IMPROVEMENTS
DIVISION 1. GENERALLY
Sec. 126 -460. Sidewalks.
Sidewalks conforming to the requirements of chapter 122 of this code shall be required to be
constructed along all roadways abutting property within the platted area.
Section 5: 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 6: 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.
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Section 7: 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 8: 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 f the City Council of the City of'
Baytown, this the 2616 day of July, 2012. A
0 0~
ATTEST: �+, �ti
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City rney
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