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.
(Ordinance adopted 3/19/98, sec. 1)
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.
(Ordinance adopted 3/19/98, sec. 1)
(a) 
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.
(Ordinance adopted 3/19/98, sec. 1)
(a) 
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.
“Approved this _____ day of _____ by the City Planning Commission of the City of Brenham, Texas.
______________________
“Chairman
______________________
“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.
(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 (1) copy of the plat and returned to the person submitting the plat. Final approval will expire one (1) 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.
(Ordinance adopted 3/19/98, sec. 1; Ordinance O-20-026, sec. 3, adopted 11/5/20)
(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 _____, 20_____, 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:
(a) 
A subdivision shall not be processed as a minor plat if its approval would require the granting of a variance.
(b) 
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.
(Ordinance adopted 3/19/98, sec. 1)
(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.
(Ordinance adopted 3/19/98, sec. 1)
(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:
(a) 
Publication in an official newspaper or a newspaper of general circulation in the City of Brenham.
(b) 
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.
(c) 
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) 
In computing the percentage of land area under subsection (c), the area of streets and alleys shall be included.
(e) 
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:
(a) 
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
(b) 
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.
(Ordinance adopted 3/19/98, sec. 1)
(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:
(a) 
Correct an error in a course or distance shown on the preceding plat;
(b) 
Add a course or distance that was omitted on the preceding plat;
(c) 
Correct an error in a real property description shown on the preceding plat;
(d) 
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) 
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;
(g) 
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.
(h) 
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement.
(i) 
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. 
The amendment does not attempt to remove recorded covenants or restrictions;
iii. 
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. 
No increase in the density or intensity of use is anticipated as determined by estimated traffic generation or utility demands;
iii. 
Off-site stormwater runoff is neither increased nor concentrated; and
iv. 
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.
(Ordinance adopted 3/19/98, sec. 1)