The proprietors of the tract covered by a plat may vacate the
plat at any time before any lot in the plat is sold. The plat is vacated
when a signed, acknowledged instrument declaring the plat vacated
is approved and recorded in the manner prescribed for the original
plat. If lots in the plat have been sold, the plat, or any part of
the plat, may be vacated on the application of all the owners of lots
in the plat, with approval obtained in the manner prescribed for the
original plat. The county clerk shall write legibly on the vacated
plat the word “Vacated” and shall enter on the plat a
reference to the volume and page at which the vacating instrument
is recorded. On the execution and recording of the vacating instrument,
the vacated plat has no effect.
(Ordinance O-2003-02 adopted 2/4/03)
A.
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:
B.
In addition
to compliance with subsection A of this section, a replat without
vacation of the preceding plat must conform to the hearing or notice
requirements of this section if:
1.
During
the preceding five (5) years, any of the area to be replatted was
limited by an interim or permanent zoning classification to residential
use for not more than two (2) residential units per lot; or
2.
Any lot
in the preceding plat was limited by deed restrictions to residential
use for not more than two (2) residential units per lot.
C.
If a proposed
replat described by subsection B requires a variance or exception,
a public hearing must be held by the municipal planning commission.
Notice of the hearing before the Commission shall be given before
the fifteenth (15th) day before the date of the hearing by:
1.
Publication
in an official newspaper or a newspaper of general circulation in
the county in which the municipality is located; and
2.
By written
notice, with a copy of subsection C.3. of this section attached, forwarded
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 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 City.
3.
If the
proposed replat requires a variance and is protested in accordance
with this subsection C.3., the proposed replat must receive, in order
to be approved, the affirmative vote of at least three-fourths of
all members of the Commission. For a legal protest, written instruments
signed by the owners of at least twenty (20) percent of the area of
the lots or land immediately adjoining the area covered by the proposed
replat and extending 200 feet from that area, but within the original
subdivision, must be filed with the Commission prior to the close
of the public hearing.
4.
In computing
the percentage of land area under subsection C.3. of this section,
the area of streets and alleys shall be included.
5.
Compliance
with subsections C.3. and C.4. of this section 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 a use other than single or
duplex family residential use by notation on the last legally recorded
plat or in legally recorded restrictions applicable to the plat.
D.
If a proposed
replat described by subsection B does not require a variance or exception,
the City shall, not later than 15th day after the date the replat
is approved, provide written notice by mail of the approval of the
replat to each owner of a lot in the original subdivision that is
within 200 feet of the lots to be replatted according to the most
recent municipal or county tax roll. This subsection D does not apply
to a proposed replat if the planning commission or the governing body
of the City holds a public hearing and gives notice of the hearing
in the manner by subsection C. The notice of a replat approval required
by this subsection D must include:
(Ordinance 2020-18 adopted 10/20/20)
Notwithstanding any other provisions of this Ordinance, the
City Manager is authorized to approve and issue an amending plat which
is signed by the owner only, and which is for one or more of the purposes
set forth in this Section; and such approval and issuance shall not
require notice, hearing or approval of other lot owners. This Section
shall apply only if the sole purpose of the amending plat is for one
or more of the following of the following purposes:
A.
To correct
an error in any course or distance shown on the prior plat.
B.
To add any
course or distance that was omitted on the prior plat.
C.
To correct
an error in the description of the real property shown on the prior
plat.
D.
To indicate
monuments set after death, disability or retirement from practice
of the engineer or surveyor charged with responsibilities for setting
monuments.
E.
To show the
proper location or character of any monument which has been changed
in location or character or which originally was shown at the wrong
location or incorrectly as to its character on the prior plat.
F.
To correct
any other type of scrivener or clerical error or omission as previously
approved by the Commission or City Council; such errors and omissions
may include, but are not limited to, lot numbers, acreage, street
names, and identification of adjacent recorded plats.
G.
To correct
an error in courses and distances of lot lines between two adjacent
lots where both lot owners join in the application for plat amendment
and neither lot is abolished, provided that such amendment does not
attempt to remove recorded covenants or restrictions and does not
have a material adverse effect on the property rights of the other
owners in the plat.
H.
To relocate
a lot line in order to cure an inadvertent encroachment of a building
or improvement on a lot line or on an easement.
J.
To make necessary
changes to the prior plat to create six (6) or fewer lots in the subdivision
or part of the subdivision covered by the prior plat if:
1.
The changes
do not affect applicable zoning and other regulations of the City;
and
2.
The changes
do not attempt to amend or remove any covenants or restrictions; and
3.
The area
coverage by the changes is located in an area that the City Council
has approved, after a public hearing, as a residential improvement
area.
(Ordinance O-2003-02 adopted 2/4/03)
A.
A developer
may elect to bypass the preliminary plat process and apply for a final
plat under the following circumstances:
1.
The property
to be platted contains no more than four (4) lots;
2.
The property
to be platted contains no more than three (3) acres of land;
3.
The development
does not require the extension of public utilities or infrastructure
improvements (extension of streets);
4.
The development
is fronting on a public street; and
5.
The plat
does not require any variances to this Ordinance.
B.
The procedure
for a Minor Plat shall be the same as the procedure for Final Plat
application.
(Ordinance O-2003-02 adopted 2/4/03)
The City Manager or his designee may approve amending plats
and minor plats pursuant to the Texas Local Government Code Section
212.016, as amended. The City Manager or his/her designee, at his
discretion may refer the plat to the Planning and Zoning Commission.
The City Manager or his/her designee shall not disapprove a plat as
defined by this Section, but shall refer such plat to the Planning
and Zoning Commission if he recommends disapproval.
(Ordinance O-2003-02 adopted 2/4/03)
The City shall collect the following for a proposed replat of
real property within the corporate limits or extraterritorial jurisdiction
of the City:
A.
A fee in
accordance with the City’s adopted fee schedule; and
B.
A sum equal
to the plat recording fee charged by the county or counties in which
plat will be filed for recordation.
(Ordinance O-2003-02 adopted 2/4/03)
