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.
6/19/67
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(Ordinance adopted 3/19/98, sec. 1)
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.
(Ordinance adopted 3/19/98, sec. 1)
(a) 
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.
(Ordinance adopted 3/19/98, sec. 1)
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.
(Ordinance adopted 3/19/98, sec. 1)
(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:
(a) 
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.
(b) 
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.
(Ordinance adopted 3/19/98, sec. 1)
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.
(Ordinance adopted 3/19/98, sec. 1)