AN
ORDINANCE AMENDING CHAPTER 9 OF THE BASTROP CITY CODE,
PROVIDING DEFINITIONS APPLICABLE TO RULES AND REGULATIONS, ESTABLISHING
STANDARDS RELATED TO BUILDING LINES AND DRAINAGE EASEMENTS; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING A SPECIFIC EFFECTIVE DATE.
WHEREAS, the rules and regulations of the City established
by ordinance, governing plats and subdivision of the land, in the corporate
limits of the City of Bastrop apply to all of the area under the extraterritorial
jurisdiction of said City, as provided for in the laws enacted by the
State of Texas and, including Local Government Code Chapter 212, et
seq., and
WHEREAS,
the existing Chapter 9 of the City's Subdivision Code, covering subdivisions,
has been found to be lacking in certain respects.
NOW, THEREFORE, BE
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
PART 1: That Chapter
9 of the 1995 Revised Code of Ordinances of the City of Bastrop, Subdivision
Ordinance, Exhibit "A", shall be, and it is hereby, amended
so that Exhibit "A" shall hereafter read as follows:
SECTION 2 DEFINITIONS
[The following definition
shall be added as amendments to Section 2. 10, in the appropriate alphabetical
location.]
TRANSMISSION LINES
- Electric transmission lines are electric power lines operated at 50
KV or above as further described in Section 25.5 Substantive rules applicable
to Electric Service Providers, Subchapter A. "General Provisions,
Definitions" (#140). Gas, petroleum or like transmission pipelines
are those facilitating transfer from one storage facility to another
and more fully described in definition (25) Transportation or to transport
under Texas Administrative Code Rule Title 16 Economic Regulation, Part
1 Railroad Commission, Chapter 3 Oil and Gas Division, Rule 3.79 Definitions.
STANDARD SUBDIVISION DESIGN REQUIREMENTS
5.70 BUILDING LINES
The minimum building setback
shall be observed for all structures as indicated in the City of Bastrop
Zoning Ordinance if applicable. If not otherwise specified, the indicated
minimum setbacks shall be observed for the following features:
A. State Highways - 50 feet
B. County and other roads -
Rural Section - 40 feet
Urban Section - 25 feet
C. Alleys - 20 feet
D. Adjacent side property
lines - 10 feet
E. Adjacent rear property lines - 25 feet
F. Adjacent buildings not
subject to other setbacks - 15 feet (unless a fire rated wall is provided
- see fire district)
G. Drainage ditches and channels-
shall be treated the same as front, side or rear setbacks (as measured
from the nearest point of the easement or 100 year water spread, whichever
is greater)
H. Railroad right-of-way
- 50 feet from a through running section, (as measured from the nearest
point of the right of way).
I. Railroad right-of-way
- 25 feet from a spur or siding section (as measured from the nearest
point of the right of way). Note: Trans-shipment facilities are exempt
from this setback.
J. Gas or petroleum pipelines
- 100 feet (as measured from the nearest point of the easement)
K. High voltage transmission
lines or transmission towers - 50 feet (as measured from the nearest
point of the easement).
5.80 EASEMENTS
The subdivider shall dedicate
or grant easements as follows:
All easements or fee strips created prior to the subdividing of any
tract of land must be shown on the subdivision plat. The subdivider
shall plat lots and dedicate or grant easements for utilities and drainage
ways in the following manner:
· Easements for
utilities, drainage ways or transmission lines shall be retained on
front, side, and/or rear lot lines as required by the City and utility
companies. Easements across parts of a lot other than as described
above shall be required as deemed necessary and most appropriate by
the City. The city engineer shall require access for ease of maintenance
of all easements.
· No lot less than
0.6 acres shall contain easements for transmission lines or surface
drainage facilities including but not limited to ditches, channels
and ponds. In subdivisions containing such lots, easements shall be
contained in a dedicated right-of-way or separate reserve as deemed
necessary and most appropriate by the City.
SECTION 6 RURAL SUBDIVISION DESIGN REQUIREMENTS
6.40 UTILITY AND DRAINAGE EASEMENTS
All easements or fee strips
created prior to the subdividing of any tract of land must be shown
on the subdivision plat. The subdivider shall plat lots and dedicate
or grant easements for utilities and drainage ways in the following
manner:
-
Easements for utilities, drainage ways or transmission lines shall
be retained on front, side, and/or rear lot lines as required by the
City and utility companies. Easements across parts of a lot other
than as described above shall be required as deemed necessary and
most appropriate by the City. The city engineer shall require access
for ease of maintenance of all easements.
- No lot less than 0.6 acres shall contain easements for transmission
lines or surface drainage facilities including but not limited to
ditches, channels and ponds. In subdivisions containing such lots,
easements shall be contained in a dedicated right-ofway or separate
reserve as deemed necessary and most appropriate by the City.
6.110.5 BUILDING
LINES
The minimum building setback
shall be observed for all structures as indicated in the City of Bastrop
Zoning Ordinance if applicable. If not otherwise specified, the indicated
minimum setbacks shall be observed for the following features:
A. State Highways - 50 feet
B. County and other roads -
- Rural Section - 40 feet
- Urban Section - 25 feet
C. Alleys - 20 feet
D. Adjacent side property
lines - 10 feet
E. Adjacent rear property lines - 25 feet
F. Adjacent buildings not
subject to other setbacks - 15 feet (unless a fire rated wall is provided
- see fire district)
G. Drainage ditches and channels-
shall be treated the same as front, side or rear setbacks (as measured
from the nearest point of the easement or 100 year water spread, whichever
is greater)
H. Railroad right-of-way
- 50 feet from a through running section, (as measured from the nearest
point of the right of way).
I. Railroad right-of-way
- 25 feet from a spur or siding section (as measured from the nearest
point of the right of way). Note: Trans-shipment facilities are exempt
from this setback.
J. Gas or petroleum pipelines
- 100 feet (as measured from the nearest point of the easement)
K. High voltage transmission
lines or transmission towers - 50 feet (as measured from the nearest
point of the easement).
PART 2: That if any part of this Ordinance is held to be unenforceable,
then the validity of the remaining parts shall not be affected by such
holding.
PART 3: That any provisions
of the Bastrop City Code and any ordinances in conflict with this ordinance
are, to the extent of any such conflict, hereby repealed.
PART 4: That, a public
hearing having been held, this ordinance shall take full force and effect
upon passage by the City Council and upon publication in accordance
with the State Statutes.
READ and Acknowledged on First Reading on the 27th day of July 2004.
READ and Adopted on Second Reading on the 10th day of August 2004.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
APPROVED:
Jo-Christy Brown
Brown & Carls,
LLP City Attorney
