This subdivision ordinance is adopted to promote the health,
safety and welfare of the city and to promote safe, orderly, and healthful
development of the city. The city shall adopt and administer subdivisions
and property in accordance with Chapter 212 of the Local Government
Code and all other applicable state and federal laws.
The purpose of this chapter is to:
(1)
Achieve
orderly urban development through land subdivision;
(2)
Promote
and develop the utilization of land to assure the best possible community
environment in accordance with the comprehensive master plan of the
city;
(3)
Provide
for adequate municipal services and safe streets;
(4)
Allow
freedom of creative expression on the part of subdividers;
(5)
Ensure
that adequate water and wastewater facilities are provided; and
(6)
Protect
and promote the public health, safety and general welfare.
(Ordinance 1057 adopted 5/5/10)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them, except where the context
clearly indicates a different meaning:
a minor public right-of-way, not intended to provide the
primary means of access to abutting lots, which is used primarily
for vehicular service access to the back or sides of properties otherwise
abutting on a public street.
a line beyond which buildings must be set back from the street
line.
the City of Brady.
the City Council of the City of Brady.
the city manager or the manager’s authorized representative.
the planning and zoning commission of the city.
the comprehensive plan of the city, including any unit or
part of such plan separately adopted, and any amendments to such plan,
or parts thereof.
a public right-of-way, six feet or more in width between
property lines, which provides pedestrian circulation.
a right granted for the purpose of limited public or semi-public
use across, over or under private land.
the city engineer or the engineer’s duly authorized
representative.
the extraterritorial jurisdiction of the City of Brady.
a land area adjoining a river, stream, watercourse, or lake,
which is likely to be flooded.
any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
an undivided tract or parcel of land having frontage on a
public street, and which is, or in the future may be, offered for
sale, conveyance, transfer or improvement; which is designated as
a distinct and separate tract; and which is identified by a tract
or lot number or symbol in a duly approved subdivision plat which
has been properly filed of record.
the part of the comprehensive master plan showing the location
and dimensions of principal and secondary thoroughfares.
the program established by the National Flood Insurance Act
of 1968, as amended, 42 USC 4001-4127, which is administrated by the
Federal Insurance Administrator. The provisions of such program have
been adopted by the city. The definitions listed in the general provisions
of the National Flood Insurance Program shall apply in like manner
to this chapter.
a complete distinct residential development designated in
the comprehensive plan as a neighborhood unit.
the map, drawing or chart on which a subdivider’s plan
of a subdivision is presented, which the subdivider submits for approval
and intends to record in final form.
a public right-of-way which provides primary vehicular access
to adjacent land, whether designated as a street, highway, thoroughfare,
parkway, throughway, avenue, lane, boulevard, road, place, drive,
or however otherwise designated.
Cul-de-sac-
a short minor street having only one vehicular access to
another street and terminated by a vehicular turnaround.
Dead-end street-
a street, other than a cul-de-sac, with only one outlet.
Major street-
a principal traffic artery, more or less continuous across
the city, which is intended to connect remote parts of the city, or
areas adjacent thereto, and acts as a principal connecting street
with state and federal highways, and shall include each street designated
as a thoroughfare on the thoroughfare plan, including all existing
and proposed major streets shown on the major street plan adopted
by the city.
Minor street and local street-
a street which is primarily intended to serve traffic within
a neighborhood or limited residential district, and is not necessarily
continuous through several residential districts.
Roadway and paving width-
the portion of a street available for vehicular traffic,
and when curbs are laid, the portion between the face of the curbs.
Secondary street and collector street-
a street that carries traffic from minor streets to the major
system or arterial streets and highways, including the principal entrance
to streets of a residential development and principal streets for
circulation to schools, parks and other community facilities within
a neighborhood.
the shortest horizontal distance between the lines that delineate
the right-of-way of a street.
any individual, firm, association, syndicate or partnership,
or any agent thereof, dividing, or proposing to divide, land so as
to constitute a “subdivision,” as such term is defined
in this section. In any event, the term “subdivider” shall
be restricted to include only the owner, equitable owner, or authorized
agent of such owner or equitable owner, of land sought to be subdivided.
the division of any lot, tract or parcel of land, whether
described as lots and blocks or by metes and bounds, into two or more
lots or sites for the purpose, whether immediate or future, of sale
or building development. Such term also includes resubdivision of
land or lots.
(Ordinance 1057 adopted 5/5/10)
No person shall create a subdivision of land within the corporate
limits of the city, or within its extraterritorial jurisdiction, without
complying with the provisions of this chapter. All plats and subdivisions
of any such land shall conform to the rules and regulations set forth
in this chapter.
(Ordinance 1057 adopted 5/5/10)
The provisions of this chapter shall not apply to any lot forming
a part of a subdivision, a plat of which has been duly recorded in
the office of the county clerk, prior to the effective date of the
ordinance from which this chapter is derived, unless such lot is to
be divided or replatted.
(Ordinance 1057 adopted 5/5/10)
(a)
Permits
shall not be issued for the building or repair of any structure on
a lot in a subdivision for which a final plat has not been approved
by the city and duly recorded in the office of the county clerk.
(b)
The city
shall withhold all public improvements and services of any nature,
including the maintenance of streets, wastewater facilities and water,
gas and electric service, from all subdivisions that have not been
approved in the manner prescribed in this chapter, and from all areas
dedicated to the public that have not been accepted by the city council.
(c)
Any subdivision
of land in violation of the terms and provisions of this chapter is
hereby declared to be a public nuisance, and appropriate officers
of the city are authorized to institute any action that may be necessary
to restrain or abate such violation.
(d)
Whenever
any work is being done contrary to the provisions of this ordinance,
an authorized official of the city may order the work stopped by issuing
a Stop Work Order. Additionally, the city may cancel any permit depending
in whole or in part on approval under this ordinance. The authorized
official shall have the right to enter upon any premises for the purpose
of making inspections. Submittal of any application that authorizes
construction of structures or improvements shall be construed as a
grant of authority to enter for the purpose of enforcing the permit.
(e)
Any person
who shall violate any provision of this ordinance or shall fail to
comply with its requirements is guilty of an offense and shall be
liable for a fine not to exceed the sum of two thousand dollars ($2,000.00).
Each day the violation exists shall constitute a separate offense.
(Ordinance 1057 adopted 5/5/10)
The city shall not serve or connect any public utilities to
any land, or part thereof unless and until a plat of a subdivision
has been approved, and the subdivider has constructed the streets,
curbs, paving, utilities and drainage facilities in the subdivision
in the manner prescribed by this chapter.
(Ordinance 1057 adopted 5/5/10)
Disapproval of a plat shall be deemed a refusal to accept the
offered dedications shown on such plat. Approval of a plat shall not
be deemed an acceptance of the proposed dedication. The city will
not accept or maintain such streets and alleys unless and until such
streets and alleys have been constructed according to the requirements
of this chapter, and the required utilities and drainage facilities
have been installed, and such improvements have been accepted by the
city as evidenced by the written certificate of the city engineer.
(Ordinance 1057 adopted 5/5/10)
The standards and requirements of the regulations set forth
in this chapter may be modified by the city, in the case of a plan
and program for a new complete community or neighborhood unit or a
mass housing project, which contains adequate provisions for circulation,
recreation, light, air and service needs of the tract when fully developed
and populated and equal to or better than the detailed requirements
of this chapter, and which also provides such covenants or other legal
provisions as will assure conformity to the plan.
(Ordinance 1057 adopted 5/5/10)
(a)
The planning and zoning commission may authorize a variance from this chapter when, in the opinion of the planning and zoning commission, undue hardship will result from requiring strict compliance with this chapter. In granting a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making the findings required in subsection (b) of this section, the planning and zoning commission shall take into account the nature of the proposed use of the land involved and existing uses of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and public health, safety, convenience and welfare in the vicinity.
(b)
No variance
shall be granted unless the planning and zoning commission finds that:
(1)
There
are special circumstances or conditions affecting the land involved
such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of the land.
(2)
The
variance is necessary for the presentation and enjoyment of a substantial
property right of the applicant.
(3)
The
granting of the variance will not be detrimental to the public health,
safety or welfare, or injurious to other property in the area.
(4)
The
granting of the variance will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with the
provisions of this chapter.
(c)
Such findings
of the planning and zoning commission, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the planning and zoning commission’s
meeting at which such variance is granted. Variances may be granted
only when in harmony with the general purpose and intent of this chapter
so that the public health, safety and welfare may be secured and substantial
justice done. Pecuniary hardship to the subdivider, standing alone,
shall not be deemed to constitute an undue hardship.
(Ordinance 1057 adopted 5/5/10)
The developer shall furnish all public works improvements required
for normal development within the subdivision, including minor and
secondary streets and alleys and all utilities, sanitary sewer and
drainage facilities required to serve the area within the subdivision.
The city may participate in the construction of major thoroughfares
and the cost of installing larger utility, sanitary sewer and drainage
facilities designed to serve a contributing area larger than the subdivision
under consideration, in accordance with policies established by the
city council.
(Ordinance 1057 adopted 5/5/10)
