Chapter 23 SUBDIVISIONS* * Editors Note: An ordinance of March 19, 1998, revised Ch. 23, Subdivisions, to read as herein set out. Prior to this revision, Ch. 23 contained provisions derived from ordinances enacted on the following dates: Sec. 23-1. Authority. 6-19-67 3-3-81 8-2-90 8-1-68 11-8-83 7-16-92 1-4-77 9-19-85 11-16-95 Art. I. In General, 23-1--23-6 Art. II. Procedures and Requirements, 23-7--23-14 Art. III. Design Standards, 23-15--23-29 Art. IV. Improvements, 23-30, 23-31 Art. V. Common Areas and Public Rights-of-way, 23-32, 23-33 Art. VI. Miscellaneous, 23-34--23-37 ARTICLE I. IN GENERAL This chapter is adopted pursuant to the provisions of Chapter 212 of the Texas Local Government Code (formerly Article 974a) and the provisions of Chapter 42, Texas Local Government Code (formerly Article 970a, Municipal Annexation Act). It shall be applicable to the subdivision of land and the filing of plats within the City of Brenham and its extraterritorial jurisdiction. Sec. 23-2. Purpose. The purpose of this chapter is to provide for the orderly, safe and healthful development of the area, both within the city and within its extraterritorial jurisdiction and to promote the health, safety and general welfare of the community. In order to carry out the purpose hereinabove stated, it is hereby declared to be the policy of the city to guide and regulate the subdivision and development of land in such a manner as to promote orderly growth, both within the city and, where applicable, within its extraterritorial jurisdiction pursuant to the comprehensive plan for the City of Brenham. This ordinance shall be administered in accordance with the following policies:
(1) Land to be subdivided or developed shall be of such nature, shape and location that, with proper planning, it can be used without danger to health or risk of fire, floods, erosion, landslides or other menaces to the general welfare. (2) Proper provision shall be made for drainage, water supply, disposal of sanitary and industrial waste and other utilities and services. (3) Proposed streets shall provide a safe, convenient and functional system for vehicular pedestrian circulation and shall be properly related to the thoroughfare plan for the city, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. Streets shall be of such width, grade and location as to accommodate predicted traffic, as determined by existing and projected future land uses. (4) Building, lots, blocks and streets shall be arranged so as to afford adequate light, view and air and to facilitate fire protection, providing ample access to buildings for emergency equipment. (5) Land shall be subdivided and developed with due regard to topography and existing vegetation with the objective being that the natural beauty of the land shall be preserved as far as is feasible. (6) Adequate sites and convenient access for schools, parks, playgrounds and other community services as indicated in the comprehensive plan shall be related to the character and uses of the surrounding properties in accordance with the intent, policies and provisions of this chapter. The standards for development provided herein and in other applicable ordinances of the City of Brenham are minimum standards with which new development must comply. However, as developers prepare subdivision plats, they are encouraged to go beyond the minimum design solutions where it will advance the spirit and intent of the comprehensive plan of the City of Brenham to do so. Sec. 23-3. Interpretations and definitions. Interpretations. For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: (1) Words used in the present tense shall include the future, words in the singular number shall include the plural number and words used in the plural shall include the singular. (2) The word "shall" is mandatory. The word "may" is permissive. (3) The phrase "used for" shall include the phrases, "arranged for," "designed for", "intended for" and occupied for," and shall apply exclusively to physical uses. (b) Definitions. For the purpose of this chapter, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this chapter but not defined in this chapter shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City of Brenham. Words and terms defined in both the Zoning Ordinance and this chapter shall be read in harmony unless there exists an
irreconcilable conflict in which case the most restrictive provision or interpretation shall apply. Access easement: An easement designated on the final plat, which provides access to platted tracts excepting single family and duplex residential. The easement shall meet all of the requirements as set forth for a dedicated street, including, but not limited to, construction standards, width, building lines, and function, but shall be privately maintained. Accessway: The term "accessway" shall apply to those private driveways under common ownership within a townhouse, zero-lot line or cluster housing subdivision which serve a limited area within such subdivision and shall not serve other properties outside the subdivision. Accessways shall be clearly labeled as such on all plats. Administrative officer: The person as designated by the city manager to administer this chapter. Alley: A public or private street primarily designed to serve as secondary access to the side or rear of the properties whose primary frontage is on some other street. Annexation: The extension of the boundaries of the city to incorporate area adjacent to the city and within the city's extraterritorial jurisdiction and in accordance with the provisions of chapter 43 of the Texas Local Government Code. As-built plans: A set of detailed plans and documents specifying how public improvements required by a final plat were actually constructed. Average lot area equivalent: The number of square feet within the project area of a residential cluster development divided by the number of dwelling units within the cluster development, excluding from the computation all public lands within the district that were in existence prior to the creation of the district and excluding proposed public street rights-of-way that are to be included in the cluster development plat, but not excluding private driveways or any common areas or easements of any type, public or private, that will result from the cluster development. Block: A block is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, airport boundaries, or corporate boundary lines or if said word is used as a term of measurement, it shall mean the distance along a side of a street or other right-of-way or boundary line, between two (2) intersecting streets; or if the street is of a dead end type, a block shall be considered to be measured between the nearest intersecting street and the end of such dead end street. In cases where platting is incomplete or disconnected, the building official shall determine the outline of the block. Building setback line: A building setback line is the line established by law, beyond which the building shall not extend, except as specifically provided by law. City: The City of Brenham, Texas, together with all its governing and operating officials and boards. City council: The duly elected governing body of the City of Brenham, Texas. Commission or planning commission: The city planning and zoning commission.
Comprehensive plan: The comprehensive plan shall mean the "Comprehensive Plan of the City of Brenham, Texas", a document and its amendments adopted by resolution by the city council of the City of Brenham, with graphics and text that set forth policies which guide the future development of the city and which consist of various components covering specific geographic areas, functions and services of the city. Deed: A legal document conveying ownership of real property. Developer: The legal or beneficial owner(s) of land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interest in such land. Also, any person, developer, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as required herein. Developer agreement: A written contract between the city and the developer committing the developer when subdividing property to the requirements of the city and containing information that the city needs to insure that following plat approval, the developer commitment is implemented. Said agreement is on a form provided by the city to the developer. Development: A planning or construction project involving real property and usually including the subdivision of land and change in the existing land use pattern. Design standards: The currently adopted documents referenced herein and entitled "Design Standards" which provide requirements for approval in the City of Brenham and its extraterritorial jurisdiction in addition to those provided in the subdivision ordinance for the design and construction of public improvements or private improvements that connect to or effect the public infrastructure. Easement: A grant of one or more property rights by the property owner to and for the use of the public, a corporation or other persons, for a designated part of his property, and for a specified purpose. Engineer, professional: A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans, specifications and documents for subdivision development. Extraterritorial jurisdiction (ETJ): The unincorporated area, not a part of any other city, which is contiguous to the corporate limit of the City of Brenham, extending to a distance and encompassing an area as set forth under the provisions of chapter 42 of the Texas Local Government Code. Filing date: The date when all necessary forms, fees and copies are submitted for review, recommendation and approval by the planning commission and such forms, fees and requirements are acknowledged as being complete. Fire lane: A required access for emergency vehicles to be shown on the plat as a privately maintained easement providing public access. Floodplain: An area identified by the Federal Emergency Management Agency as possibly being flood
prone, or below the immediate floodline (100-year floodplain). The issuance of building permits for construction of any structure within such floodplain is regulated by a specific ordinance governing the safeguards, preventive actions against flooding, types of uses permitted in the flood prone areas, etc. Grade: The slope of a road, street, or other public way, specified in percentage (%) terms, or the average elevation at ground level at a proposed building site, i.e. the area conforming to all setback requirements of a lot, tract or parcel of land. Individual sewage disposal system: A septic tank, seepage tile-sewage disposal system or any other approved on-lot sewage treatment device. Land surveyor, registered professional: A land surveyor licensed and registered in the State of Texas. Lot: A platted parcel of land intended to be separately owned, developed and otherwise used as a unit. Lot size: The total horizontal area included within lot lines. Lot depth: The average distance from the front street right-of-way line of the lot to its rear property line, measured in the general direction of the sidelines of the lot. Lot line: The lines bounding a lot. Manufactured housing: A structure that was constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 C.F.R. section 3282.8(g). Minor plat: A plat of a tract of land which includes four (4) or fewer lots, and for which each lot shall have frontage on an existing public street and shall be served by existing utilities, and shall not necessitate any new street, or street extensions, and shall not necessitate any new utilities or utility extensions. Mobile home: A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Mobile home and/or manufactured home, park or subdivision: Any plot of ground upon which one or more mobile homes or manufactured homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. Off-site improvements: Any utility, paving, grading, drainage, structure, or modification of topography which is or will be located on property not within the boundary of the property to be developed.
On-site: Any real property located within the area of the property to be subdivided. Open space: The term "open space" shall apply to private property under common ownership designated for recreation area, private park, play lot area, plaza area, and ornamental area open to general view within the subdivision. Open space does not include streets, utility easements, and required building setbacks. Open space shall be clearly labeled as such on all plats. Parcel: A contiguous area of land in the possession of or owned by, or recorded as the property of the same person or persons. Pavement width: The portion of a street available for vehicular traffic from back of curb to back of curb. Plat: A map or chart of the subdivision. It shall include plan, plat or replat, in both singular and plural. Private utility: A business or service which is engaged in regularly supplying the public with some commodity or service which is of public convenience and necessity, such as electricity, gas, transportation or communications. Public improvement: Any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, drainage, public or private utilities, parks or recreational, energy or similar essential services. Replat: A change in a plat, which does not require the vacation of the preceding plat. Reserve strip: A narrow, linear strip of property, usually separating a parcel of land and a roadway or easement, that is characterized by limited depth which will not support development and which will prevent access to the roadway or easement from the land adjacent to the reserve strip. Resubdivision: The division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street line. Right-of-way: A strip of land, either public or private, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land-platting purposes shall mean that every right-of-way hereafter established and shown on the final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Street: A public right-of-way, however designated, which provides vehicular access to adjacent land. Arterial streets (major thoroughfares, primary thoroughfares, etc.) provide vehicular movement from one neighborhood to another, to distant points within the urban area or to freeways or highways leading to other communities. Collector streets (also feeder streets, secondary streets, etc.) provide vehicular circulation within neighborhoods and from minor streets to major thoroughfares. Due to similarity of traffic volume and
wheel loadings, streets through commercial and industrial areas are considered collector streets. Local streets are primarily for providing direct vehicular access to abutting property. Subdivision: The division of a tract or parcel of land into two (2) or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership, and shall include resubdivision. The following is not defined as a subdivision: Testamentary division of property; partnership division of property upon dissolution; and a division of property between two (2) or more owners of an undivided interest by court order. Townhouse: An attached dwelling that is a single-family dwelling constructed in a series or group of attached units with property lines separating each unit, and it is one of a group of no less than three (3) and no more than eight (8) adjoining single-family dwelling units. Townhouse subdivisions: The term "townhouse subdivision" shall apply to those developments in which it is proposed to partition land into individual lots and construct single family attached (townhouse) residential units which may be individually owned and where the minimum lot sizes are to be as set forth for townhouses in the zoning ordinance of the city. Vacated plat: A plat that is vacated through the procedures described herein, and is made legally void. Variance: A deviation from the required norm that may be granted following certain procedures specified herein. Zero lot line or patio home: A structure designed for single-family occupancy built so as to have one side directly abutting the property line. Sec. 23-4. Applicability. The provisions of the subdivision ordinance and related current design standards referenced herein shall apply to the following forms of land development activity: (1) The division of land into two (2) or more lots, tracts, reserves, sites or parcels for resale or development. (2) All subdivision of land whether by metes and bounds, division or by plat, which were outside the jurisdiction of the city's subdivision regulations in Washington County, Texas, and which subsequently came into the jurisdiction of the city's subdivision ordinance. (3) Any land development intended for the placement of two (2) or more principal structures, including mobile homes and manufactured homes, on a tract, lot, site or parcel of less than five (5) acres within the city and in the city's extraterritorial jurisdiction. (4) The dedication or vacation of streets, firelanes and alleys, or any permanent public or semi-public spaces or easements on any tract of land regardless of the area involved.
(5) The vacation of a previously recorded subdivision. (6) The subdivision of land previously approved by the planning commission but not recorded within one year of approval by the planning commission. (7) The combining of two (2) or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots. Sec. 23-5. Plat approval prerequisite to filing and permits for development. (1) No subdivision shall be recorded until a final plat has been prepared in accordance with these subdivision regulations and has been approved by the planning commission of the City of Brenham. (2) No building permit, or certificate of occupancy, or plumbing permit, or electrical permit, or floodplain reclamation permit, or utility tap or acceptance of required public improvements within the corporate limits shall be permitted without a recorded plat or letter of plat exemption. (3) In accordance with state law, prior to the connection of any utility service, including, but not limited to, water, gas, sewer and electricity, the following procedures shall be followed: (b) Upon approval of a subdivision plat or replat by the planning commission, the city engineer or other appropriate city official shall issue to the applicant for approval a certificate stating that said plat or replat has been reviewed and approved by the planning commission. Upon written request made by an owner of land or a public utility, the city engineer or other appropriate city administrative officer shall for property located within the city's platting jurisdiction determine the following: i. If a subdivision plat or replat is required by law; ii. In the event that said plat or replat is required by law, whether it has been prepared as required, reviewed and approved by the planning commission. (c) If it is determined that a subdivision plat or replat is not required, the city engineer or other appropriate city official shall issue to the requesting party a written certification of the determination of exemption. If said official determines that said plat or replat is required, that such a document has been prepared, reviewed and approved by the planning commission, then said official shall issue to the requesting party a written certification of that determination. (d) The city engineer or other appropriate city official shall make its determination within twenty (20) days after the date it receives the written request, and if applicable, shall issue the certificate within ten (10) days after the determination is made.
Sec. 23-6. Exemptions. The provisions of these subdivision regulations shall not apply to: (1) Legally platted subdivisions that were approved prior to the effective date of the revised subdivision ordinance except that construction of facilities shall conform to the design standards in effect at the time of construction. (2) Land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of Washington County, Texas on or before June 19, 1967. (3) Sales of tracts of land by metes and bounds or tracts larger than five (5) acres in size for which the purpose is to be agricultural, said exemption shall expire at such time that development is intended. (4) Existing cemeteries complying with all state and local laws and regulations (exemptions do not apply to new cemeteries or expansion of existing cemeteries). (5) Divisions of land created by order of a court of competent jurisdiction. (6) Subdivision development that is exempt by state law. If platting is not required, the city shall issue a certificate of exemption prior to issuing a building permit or site plan. Sec. 23-7. Purpose. ARTICLE II. PROCEDURES AND REQUIREMENTS The purpose of this article is to set forth procedures and requirements for the preparation and submittal of applications for the subdivision of land in the City of Brenham and its extraterritorial jurisdiction in order to ensure orderly processing of the subdivisions by the planning commission. Any owner of land located inside of or within the extraterritorial jurisdiction of the city wishing to subdivide such land shall submit to the planning commission a plan of subdivision which shall conform to the minimum requirements set forth below. Exception: Any owner subdividing his land into parcels of not less than five (5) acres each for agricultural use and not involving new streets shall be exempt from these requirements. Sec. 23-8. Preapplication consultation.
Prior to submittal of the preliminary plat, the subdivider should seek the advice and assistance of the city engineer and consult early and informally with the city engineer before preparing the preliminary plat. Sec. 23-9. Procedure--Preliminary plat application. Contents of preliminary plat. A preliminary plat of any proposed subdivision shall be submitted to the planning commission for approval before the subdivider proceeds with the final plat for record. The preliminary plat shall be drawn to a scale of two hundred (200) feet to the inch or larger. The preliminary plat may be prepared by a land planner, an engineer or surveyor and it shall contain the following information: (1) Existing features inside subdivision: a. The existing boundary lines of the land to be subdivided. Boundary lines shall be indicated in a dark heavy line wider than interior lot line markings to allow easy identification. b. The location of existing watercourses, railroads, and other similar drainage and transportation features. c. The location and width of existing streets, alleys, easements, buildings, and structures. d. Topographical information with contour lines at two-foot intervals. (2) Existing features outside subdivision: a. The property lines and names of adjoining property owners in unsubdivided tracts; all lines outside of the boundaries of the proposed subdivision to be dashed. b. The names and location of adjacent subdivisions, streets, easements, pipelines, watercourses, etc. (3) New features inside of subdivision: a. The proposed name of the subdivision. b. The location, width, and names of proposed streets. c. The approximate width and depth of all lots. If the side lines are not parallel, the approximate distance between them at the building line and at the narrowest point should be given. d. The location of building lines, alleys and easements. e. The location and approximate size of sites for schools, churches, parks, and other special
land uses. f. The approximate acreage of the property to be subdivided. (4) Key map. A key map showing relation of subdivision to well-known streets in all directions to a distance of at least one mile. (5) Name of subdivision, etc. The date, scale, north point and name of subdivision under which the plat is to be recorded. (b) Submission of preliminary plat. The planning commission shall be furnished with a reproducible tracing and as specified by the city, a required number of legible prints of the preliminary plat and a required number of copies of a letter of transmittal stating briefly the type of street surfacing, drainage, sanitary facilities, and water supply proposed, and the name and address of the owner or agent and engineer or surveyor, fourteen (14) days or more before the regular planning commission meeting. These documents shall be filed in the office of the city engineer. (c) Procedure. The planning commission shall approve or disapprove any preliminary plat submitted to it. Approval of the preliminary plat shall not constitute final acceptance of the final plat. Failure to act within thirty (30) days of the regularly scheduled meeting at which the plat would have been presented shall constitute approval by the planning commission unless additional time is requested from the developer. Reasons for the disapproval shall be put in writing, attached to one copy of the plat and returned to the person submitting the plat. Preliminary approval will expire six (6) months after the approval by the planning commission of the preliminary plat or of final sections thereof, except that if the subdivider shall apply in writing prior to the end of such six-month period, stating reasons for needing the extension, this period may be extended for another six (6) months, but not beyond the total of one year. Sec. 23-10. Same--Final plat application. Contents of final plat. After approval of a preliminary plat by the planning commission, a final plat shall be prepared by a registered engineer or a registered public surveyor, bearing his seal, and shall be submitted to the planning commission by filing in the office of the city secretary. Such plat shall have all changes and alterations made on it that were required on the previously submitted preliminary plat. All final plats shall be prepared as black-line mylars and the mylar sheets shall be twenty-four (24) inch sheets by thirty-six (36) inches in size and shall be drawn at a minimum scale of one inch equals one hundred (100) feet. The drawing surface of the plat shall have a binding margin of two (2) inches at the left side of the plat, a margin of not less than one inch at the right side, and a margin of not less that one-half inch at the top and bottom. Where more than one sheet is required, they shall be match-line sheets. An index sheet of the same dimensions, or a map insert showing the entire subdivision shall accompany the final plat. Where the area to be developed can be drawn on a sheet one-half size or less with the scale of the drawing remaining one inch equals one hundred (100) feet, a sheet twenty-four (24) inches by eighteen (18) inches may be used. The final plat shall contain the following information: (1) Existing features inside subdivision:
a. The existing boundary lines of the land to be subdivided. Boundary lines shall be indicated in a dark heavy line wider than interior lot line markings to allow easy identification. b. The location of existing watercourses, railroads, and other similar drainage and transportation features. c. The location and width of existing streets, alleys, easements, buildings, and structures to be retained. (2) Existing features outside subdivision: a. The name and property lines of adjoining subdivisions and of the adjoining owners, together with the respective plat or deed references; all lines outside of subdivision boundaries to be dashed. b. The name and location of adjacent streets, alleys, easements, watercourses, etc. (3) Streets, alleys, and easements. The lines and names of all proposed streets or other ways or easements to be dedicated to public use, with the following engineering data: a. For streets: Complete curve data (delta, length of curve, radius, point of curvature, point of reverse curvature, point of tangency) shown on the centerline or on each side of street, length and bearings of all tangents. Dimensions from all angle points and points of curve to an adjacent side lot line. b. For watercourses and easements: Distances to be provided along the side lot lines from the front lot line or the high bank of a stream. Traverse line to be provided along the edge of all large watercourses in a convenient location, preferably along a utility easement if paralleling the drainage easement or stream. (4) Subdivision name and acreage. The name of subdivision and the total acres being subdivided, and the name of the city, county and state shall be shown. (5) Lots and blocks. The lines and number of all proposed lots and blocks with complete bearings and dimensions for front, rear and side lot lines. (6) Building lines. Building lines shall be shown on all lots. (7) Reservations. The use and property dimensions of all special reservations, including sites for schools, churches, and parks. (8) Key map. A key map showing relation of subdivision to well-known streets in all directions to a distance of at least one mile.
(9) Date, etc. The date, scale, and north point. (10) Special restrictions. Where restrictions of use of land, other than those given in these regulations, are to be imposed by the subdivider, such restrictions may be placed on the final plat or on a separate instrument filed with the plat. (11) Tax receipt. A receipt showing that all taxes on the property have been paid is to be submitted concurrent with the final plat. (12) Monuments and control points: a. The description and location of all permanent survey monuments and control points. Interior lot lines shall be staked with iron rods and monuments shall be placed on all exterior corners of boundary lines of a subdivision. b. Suitable primary control points to which all dimensions, bearings, and similar data shall be referred. Dimensions shall be shown in feet and decimals of a foot. (13) Certificate of approval to be placed on the plat: "KNOW ALL MEN BY THESE PRESENTS: That I, do hereby certify that I prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the City of Brenham, Texas. "Signature and Seal of Registered Engineer or Surveyor. "Chairman "Approved this day of by the City Planning Commission of the City of Brenham, Texas. "Secretary" (b) Submission of final plat. The planning commission shall be furnished with the following: (1) Original tracing, etc. The original tracing or a reproducible copy of the final plat and copies and reductions as specified by the city, fourteen (14) days or more before the regular planning commission meeting. These documents shall be filed in the office of the city engineer.
(2) Title report. The final plat application shall also include a current title report, statement, opinion, title policy, certificate or letter from a title guaranty company authorized to do business in the State of Texas, certifying that a search of the appropriate records was made within the last thirty (30) days covering the land proposed to be platted and stating an opinion as to current record title ownership and any encumbrances and encroachments if shown of record. (3) Water, sewer, paving, site grading and drainage, gas, and electric plans. Two (2) sets of plans and specifications for water, sewer, paving, site grading and drainage, gas and electric utilities prepared by a registered professional engineer shall be submitted with the final plat. These plans must have the approval of the director of public works or representative of the city designated by the governing body. Upon completion of construction of required utilities within the subdivision, as-built plans shall be submitted to the city engineer. (4) Guarantee of performance: a. If the subdivider elects to construct the required improvements prior to recording of the plat, after such plat has been approved, all such construction shall be inspected while in progress by the city and must be approved upon completion by the city engineer. A certificate by the city engineer that the construction conforms to the plans and specifications and the standards contained in or referred to herein must be presented to the city council prior to acceptance of the subdivision. b. If the subdivider decides or elects to file security in lieu of completing construction prior to recording of the final plat, he may utilize one of the following methods of posting security. If the subdivider elects to file security, the plat shall not be recorded unless the subdivider has done one of the following: 1. Performance bond has filed with the commission a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City of Brenham on a form approved by the city, in an amount of the improvements as estimated by the city engineer. The performance bond shall be approved as to form and legality by the city attorney; or 2. Trust agreement has placed on deposit in a bank or trust company in the name of the city, and approved by the city, in a trust account, a sum of money equal to the estimated cost of all improvements required by this chapter, the cost and the time of completion as estimated 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. Periodic withdrawals may be made from the trust account for a progress payment of installation costs. The amount of withdrawals shall be based upon progress work estimates approved by the city engineer. All such withdrawals shall be approved by the trustee; or 3. Unconditional guarantee from local bank or local savings and local association
or other financial institution as approved by the City of Brenham has filed with the commission, a letter, in a form approved by the city, signed by a principal officer of a local bank, local savings and loan association, or other financial institution, acceptable to the city, agreeing to pay to the City of Brenham, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider is responsible under this chapter. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the subdivider's engineer and approved by the city engineer. The letter shall state the name of the subdivision and shall list the improvements that the subdivider is required to provide. c. If one of the three (3) types of security is filed by the subdivider under paragraph (b)(4)b. of this section, the city engineer shall inspect the construction of improvements while in progress and shall inspect such improvements upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to its acceptance or rejection. He shall reject such construction only if it fails to comply with the standards and specifications contained or referred to herein. If he rejects such construction, the city attorney shall, on direction of the city council, proceed to enforce the guarantees provided in this chapter. d. When good cause exists, the city engineer may extend the period of time for completion under paragraph (b)(4)b. of this section. No such extension shall be granted unless security as provided in said paragraph (b)(4)b. has been provided by the subdivider covering the extended period of time. e. Neither the subdivider nor the contractor shall make a connection to or tap into the city water distribution system, electric system, or sanitary sewer system. The subdivider shall furnish all necessary materials to make the final tap or connection. f. The subdivider shall require his construction contractors, with whom he contracts for furnishing materials and for installation of the improvements required under this chapter, and shall himself be required to furnish to the city a written guarantee that all workmanship and materials shall be free of defects for a period of one year from the date of acceptance by the city engineer. (c) Procedure. The planning commission shall approve or disapprove any final plat submitted to it. Failure to act within thirty (30) days of the regularly scheduled meeting at which the plat would have been presented shall constitute approval by the planning commission unless additional time is requested from the developer. Reasons for the disapproval shall be put in writing, attached to one copy of the plat and returned to the person submitting the plat. Final approval will expire one year after the planning commission action granting approval of any plat unless the plat has been filed for record, except that if the subdivider shall apply in writing prior to the end of such one-year period, stating reasons for needing the extension, this period may, at the discretion of the commission, be extended for another year but not beyond that period. Sec. 23-11. Minor plats.
(1) Authority. Pursuant to the authorization as contained in section 212.0065 of the Local Government Code, if a tract of land is to be platted or replatted into four (4) or fewer lots to be served by an existing street and existing utilities, and not requiring the creation of any new street or utility extensions, then the subdivision may be exempt from the procedural provisions of formal planning commission plat approval, and may be approved administratively, through the minor plat process as described below. (2) Purpose and intent. The purpose of the minor plat process is to allow for more timely approval for plats of four (4) or fewer lots. The classification of a subdivision as a minor plat shall not be construed as a waiver of any other requirement of the subdivision ordinance of the City of Brenham, or any other ordinance pertaining to the property. (3) Application procedure. The submittal of a preliminary plat is hereby waived. The minor plat is subject to the requirements for final plats as provided in section 23-10, except as provided in subsection (4) below. (4) Plat approval. After review to ensure compliance with all applicable requirements of the city, the city manager shall approve a minor plat. Instead of requiring a certificate of approval by the planning commission as provided in section 23-10, the following certificate of approval shall be placed on the final plat: Approved this day of, 19, as a Minor Plat, by the city manager of the City of Brenham, Texas, as authorized by section 23-11 of the City of Brenham Code of Ordinances and section 212.0065 of the Texas Local Government Code. The city manager may for any reason, elect to forward the minor plat to the planning commission for review and approval. The city manager shall not disapprove a minor plat and shall be required to refer any minor plat which he refuses to approve to the planning commission within thirty (30) days after the date of application. (5) Other requirements: (b) A subdivision shall not be processed as a minor plat if its approval would require the granting of a variance. Land subdivided through a minor plat process shall not be resubdivided or replatted by amendment or otherwise for a period of one year from the approval of the original minor plat, unless it is approved by the planning commission. (c) Whenever a minor plat includes one or more lots containing more than one acre of land, and where there are indications that such lots may eventually be resubdivided, the city manager may refer the plat to the planning commission. Sec. 23-12. Vacating plats. (1) Generally. The owners of land covered by a plat may vacate the plat at any time before any lot in
the plat is sold. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all owners of lots in the plat. (2) Procedure. A request for a plat vacation shall be made on forms provided by the City of Brenham with the required signature(s) and acknowledgement(s). The vacation shall be considered by the planning commission in the manner prescribed for the original plat. Once the request for vacation has been approved by the planning commission, an "Order to Vacate" shall be signed by the officers of the planning commission responsible for signing plats, and submitted to the Washington County Clerk for filing. If the plat being vacated is located in the extraterritorial jurisdiction, the vacation must also be approved by the Washington County Commissioners Court prior to its submittal to the county clerk. The plat that has been approved as provided herein will have the word "Vacated" and a reference to the volume and page at which the vacating instrument is recorded by the county placed upon its face. Sec. 23-13. Replatting without vacating a preceding plat. (1) In general. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat meets the conditions as set forth below. (2) Procedure. A replat shall be submitted, reviewed and considered by the planning commission in the manner prescribed in this chapter for a subdivision. In addition to the customary plat submittal requirements, a replat shall be subject to the public notice requirements of section 212.015 of the Texas Local Government Code. (3) Requirements for notice. Notice of the hearing shall be given before the fifteenth day before the date of hearing by: (b) (c) Publication in an official newspaper or a newspaper of general circulation in the City of Brenham. By written notice, with a copy of subsection (c) of section 212.015 of the Texas Local Government Code (which is section 23-12(3)(c) of this chapter) attached, which shall be forwarded by the city to the owners of property in the original subdivision, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll, within two hundred (200) feet of the property upon which the replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the municipality. If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots of land immediately adjoining the area covered by the proposed replat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing.
(d) (e) In computing the percentage of land area under subsection (c), the area of streets and alleys shall be included. Compliance with subsections (c) and (d) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single- or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. (4) Additional submittal requirements. If a replat requires public notice, the following shall be submitted to the city on the plat submittal deadline, along with the standard plat submittal items: (b) A list of all property owners by name and address which are required to be given notice in accordance with section 212.015(b)(2) of the Local Government Code, as such ownership is indicated on the most recently approved ad valorem tax rolls; and A written affidavit, signed and acknowledged by all the owners of property within the proposed replat, which attests that the proposed replat does not attempt to amend or remove any covenants or restrictions. (5) Form of notice for publication. In addition to the standard plat review and processing steps outlined above, a replat with public notice requires the city engineer to provide for public notice before the fifteenth day before the date of the public hearing, as provided in the Appendix I. A copy of section 212.015(c) of the Texas Local Government Code and subsection (3)(c) of this section shall be attached to the letter of notice. Sec. 23-14. Amending plat. (1) Generally. The procedure for amending plats shall be in accordance with the current Texas Local Government Code. (2) Procedure. An amending plat shall be prepared for submittal in accordance with the provisions for final plat submittal as set forth in section 23-10 of this chapter. (3) Purpose of amending plat. The sole purposes for an amending plat shall be to: (b) (c) (d) Correct an error in a course or distance shown on the preceding plat; Add a course or distance that was omitted on the preceding plat; Correct an error in a real property description shown on the preceding plat; Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
(e) Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat; (f) (g) (h) (i) Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats. Such errors may include, but are not limited to lot numbers, acreage, street names, and identification of adjacent recorded plats; Correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application for amending the plat, neither, lot is abolished, the amendment does not attempt to remove recorded covenants or restrictions, the amendment does not have a material adverse effect on the property rights of the owners in the plat and no more than ten (10) lots are affected per plat. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement. Relocate one or more lot lines between one or more adjacent lots if: i. The owners of all those lots join in the application for amending the plat; ii. iii. The amendment does not attempt to remove recorded covenants or restrictions; The amendment does not increase the number of lots. (j) The combination of two (2) lots for the creation of a more developable site when: i. No change in the platted land use category is anticipated; ii. iii. iv. No increase in the density or intensity of use is anticipated as determined by estimated traffic generation or utility demands; Off-site stormwater runoff is neither increased nor concentrated; and Adequate public access and thoroughfare rights-of-way exist. (k) Change a dedicated street name. (4) Amended plats control. An amended plat once approved by the planning commission may be recorded and is controlling over a preceding plat without vacation of that plat, if the amending plat is signed by the applicants. ARTICLE III. DESIGN STANDARDS
Sec. 23-15. Authority of director of public works as to rules, regulations, standards and specifications. Subject to the approval of the city manager, the city engineer is hereby authorized and directed to promulgate rules, regulations, standards, and specifications for the construction, installation, design, location and arrangement of streets, curbs, streetlight street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, monuments, criteria for drainage easement requirements, drainage facilities, and crosswalk ways. He shall file same with the city secretary at least thirty (30) days before they become effective. Subject to the approval of the city manager, he may amend the same from time to time provided that an amendment must be filed with the city secretary at least thirty (30) days before it becomes effective. No such rules, regulations, standards and specifications shall conflict with design standards set forth below or any other ordinance of the city. All such improvements shall be constructed, installed, designed located and arranged by the subdivider in accordance with such rules, regulations, standards, and specifications. Sec. 23-16. Streets. (1) Conformity to arterial street standards. The width and location of streets shall conform to such arterial street standards as provided herein and in the current design standards, both as to horizontal and vertical alignment and right-of-way widths, provided that the developer shall only be required to pay for that portion of the dedication and construction that are related in size to the size of his development as determined by the city engineer. (2) Relation to adjoining street system. The proposed street system shall extend all existing arterial streets and such existing collector and local streets as may be desirable for convenience of circulation. Where possible, the width and the horizontal and vertical alignment of extended streets shall be preserved, provided that the developer shall only be required to pay for that portion of the dedication and construction that are related in size to the size of his development as determined by the city engineer. (3) Street jogs. Where offsets in street alignment are, in the opinion of the planning commission, unavoidable, such offsets may be employed provided the distance between centerlines is not less than one hundred twenty-five (125) feet. (4) Large lot subdivisions. If the lots in the proposed, subdivision are large enough to suggest resubdivision in the future, or if part of the tract is not subdivided, consideration must be given to possible future street openings and access to future lots which could result from such resubdivision. (5) Through traffic. Local residential streets shall be designed so as to discourage high speed or through traffic. (6) Topography. The street system shall bear a logical relationship to the natural topography of the ground. (7) Street widths. Street width shall be measured from front lot line to front lot line of opposite lots and shall conform to the following minimum right-of-way widths, provided that the developer shall only be required to pay for that portion of the dedication and construction that are logically related in size to the size of