Division 7 Revisions to Recorded Plats

Applicability and Terminology.

The procedures in this Division 7 shall apply only if a property owner seeks to change any portion of a plat that has been filed of record with the applicable county.

The term Replat includes changes to a recorded Final Plat, whether the change is effected by replatting without vacation (Section 3.39 of this Chapter 3), approving an Amending Plat (Section 3.40 of this Chapter 3), or a new plat application.

City Action Required for Plat Revisions.

Except as expressly stated otherwise in this Division 7, any change to a recorded Final Plat, Conveyance Plat or Replat must be approved by the City.

Construction Management.

If the subdivision as replatted requires the construction of additional improvements, the provisions of Articles 4, 5, and 6 of this Chapter 3 apply, including the requirement for Site Engineering Drawings.

Application and Approval Procedures.

Unless otherwise specified, an application and all related procedures and approvals (including approval criteria and recordation) for a Replat or Amending Plat are the same as those specified for a Final Plat in Article 2, Division 3.

(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 44, adopted 12/3/19; Ordinance 7573 adopted 3/4/2025)

§ 3.39 Replat Without Plat Vacation.

Applicability.

A Replat of all or a portion of a recorded plat may be approved without vacating the recorded plat, if the Replat:

Is signed and acknowledged by only the owners of the property being replatted;

Is approved after a public hearing on the Replat;

Does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded plat; and

(d)

Meets all other requirements of Section 212.014 of the Texas Local Government Code, as amended.

A Replat that does not vacate a previous plat may be approved if its purpose is to amend, relocate or abandon (with the City’s approval) an easement(s) that was previously established by plat (that is, not established by separate instrument), to dedicate public right-of-way, to subdivide property or to combine lots.

Application Submission and Processing.

A complete application for Replat approval must be submitted, and will be processed, in accordance with the procedures set forth in the City's Development Application Packet, as amended. A Replat application must comply with all application and recordation requirements of a Final Plat.

Partial Replat Application.

For a Replat that involves only a portion of the lots in an original subdivision, such Replat shall show enough of the surrounding original subdivision lots and streets to clearly depict where the affected lot(s) is) situated. The Planning Director may determine how much of, or if all of, the original subdivision shall be shown on a Replat. All Replats shall reference the previous subdivision’s name and recording information, and shall clearly cite the specific lot(s) which are being changed along with a detailed “Purpose for Replat” statement.

General Notice and Hearing Requirements.

Published and personal notice is required only for certain residential Replats, in accordance with section 212.015 of the Texas Local Government Code, as amended.

If a proposed replat does not require a variance or exception, no hearing shall be required. The City shall 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, in the case of subdivisions within the City's ETJ, county tax roll. The notice shall include the zoning designation of the property after the replat, and a telephone number and e-mail address an owner of a lot may use to contact the City about the replat.

If a proposed replat requires either a variance or an exception, then a public hearing on a Replat shall be conducted by the Plan Commission in accordance with the normal rules and procedures that are applicable to public hearings.

(E)

Special Residential Replat Requirements.

Applicability.

In addition to compliance with other requirements of this Section 3.39, a Replat without vacating the preceding plat shall conform to the requirements of this Subsection if:

During the preceding five 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 residential units per lot; or

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

Exception.

The requirements of this Subsection do not apply to the approval of a Replat application that affects only a portion of a recorded plat if all of the proposed area sought to be replatted was designated or reserved for usage other than for single- or two-family (such as a duplex) residential use. Such designation shall be noted on the recorded plat or in the legally recorded restriction applicable to such plat.

Notice and Hearing.

For any replat for which a hearing must be held pursuant to subsection (D) above, notice of the public hearing at which the Replat will be considered shall be given in accordance with Article 2, Division 2 of Chapter 1 of this GDC, unless otherwise required by state law.

(F)

Review and Determination.

The Planning Director shall review the Replat application, findings of the DRC, and any other information submitted with the application. From all such information, the Planning Director shall determine whether the Replat application is in compliance with the regulations of this GDC.

(G)

Action by Plan Commission.

The Planning Director shall consider the Replat application in the same manner as for a Final Plat, and shall approve the Replat as submitted by the applicant or deny the Replat.

(H)

Appeal.

The applicant may appeal a decision of the Planning Director to deny a Replat to the Plan Commission. The appeal shall be processed and decided in accordance with applicable provisions of Article 1, Division 1 of Chapter 5 of this GDC.

(I)

Effect of Approval.

Upon approval of a Replat application, and upon approval of any associated Site Engineering Drawings (if applicable) in accordance with Article 6, Division 1 of this Chapter 3, the applicant may seek approval of a Site Permit (refer to Article 1, Division 3 of Chapter 4 of this GDC), and may subsequently seek approval of a Building Permit (refer to Article 1, Division 4 of Chapter 4 of this GDC).

(J)

Recordation.

Same as Final Plat.

Recordation procedures shall be as set forth for the recordation of a Final Plat in Section 3.19 of this Chapter 3.

Replat Controls.

Upon recordation at the applicable county, a Replat is controlling over the previously recorded plat for the portion replatted.

(K)

Expiration.

No Expiration After Recordation.

There is no expiration of a Replat after it is approved by the City and recorded with the applicable county.

§ 3.40 Amending Plat (administrative approval).

Expiration if Not Recorded.

If an approved Replat is not timely recorded pursuant to Section 3.19 of this Chapter 3, then it is null and void.

(L)

Replat or Amending Plat.

Revisions to a Replat may only be approved as a Replat (this Section 3.39) or Amending Plat (Section 3.40 of this Chapter 3).

(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 33, adopted 8/20/19; Ordinance 7573 adopted 3/4/2025)

Purpose.

The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a recorded plat consistent with state law.

Applicability.

The procedures for amending plats apply only if the sole purpose of the amending plat is for one or more of the following purposes:

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;

(4)

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

(5)

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;

(6)

Correct any other type of scrivener or clerical error or omission previously approved by the City, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

(7)

Correct an error in courses and distances of lot lines between two adjacent lots if:

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; and

(d)

The amendment does not have a material adverse effect on the property rights of the other owners in the plat;

(8)

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

(9)

Relocate one or more lot lines between one or more adjacent lots if:

The owners of all those lots join in the application for amending the plat;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not increase the number of lots;

(10)

Make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

The changes do not affect applicable zoning and other regulations of the City;

The changes do not attempt to amend or remove any covenants or restrictions; and

The area covered by the changes is located in an area that the Plan Commission or City Council has approved, after a public hearing, as a residential improvement area; or

(11)

Replat one or more lots fronting on an existing street if:

The owners of all those lots join in the application for amending the plat;

The amendment does not attempt to remove recorded covenants or restrictions;

The amendment does not increase the number of lots; and

(d)

The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.

Application Submission and Processing.

A complete application for approval of an Amending Plat shall be submitted, and will be processed, in accordance with the procedures set forth in the City’s Development Application Packet, as amended, and Section 3.06 of this Chapter 3. An Amending Plat application must comply with all application and recordation requirements of a Final Plat.

Review Process.

An Amending Plat application shall be reviewed by the DRC and the Planning Director, in accordance with the procedures set forth in the City’s Development Application Packet, as amended. The Planning Director shall take action on the Amending Plat application, or shall schedule the application for Plan Commission consideration, in accordance with Section 3.04 of this Chapter 3.

(E)

Partial Amending Plat Application.

For an Amending Plat that involves only a portion of the lots in an original subdivision, such Amending Plat shall show enough of the surrounding original subdivision lots and streets to clearly depict where the affected lot(s) is situated. The Planning Director may determine how much of, or if all of, the original subdivision shall be shown on an Amending Plat. All Amending Plats shall clearly cite the specific lot(s) that is being changed, along with a detailed “Purpose for Amending Plat” statement.

(F)

Notice.

In accordance with state law, the approval of an Amending Plat does not require notice, public hearing, or approval of other lot owners.

(G)

Review and Determination.

The Planning Director shall review the Amending Plat application, the findings of the DRC, and any other information submitted with the application. From all such information, the Planning Director shall determine whether the Amending Plat application complies with the regulations of this GDC.

(H)

Action by Planning Director.

The Planning Director shall either approve the Amending Plat as submitted by the applicant, or shall refer the Amending Plat to the Plan Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with Section 3.04 of this Chapter 3.

(I)

Appeal.

The applicant may appeal any decision of the Plan Commission (upon referral by the Planning Director) to deny an Amending Plat application to the City Council. The appeal shall be processed and decided in accordance with applicable provisions of Article 1, Division 1 of Chapter 5 of this GDC.

(J)

Criteria for Approval.

The Director shall decide whether to approve or to refer approval of an Amending Plat application by determining whether the Amending Plat makes only those changes to the recorded plat that are allowed under Subsection (B) above and by state law.

(K)

Effect of Approval.

The approval of an Amending Plat authorizes the applicant to seek approval of a Site Permit (refer to Article 1, Division 3 in Chapter 4 of this GDC) or a Building Permit (refer to Article 1, Division 4 in Chapter 4 of this GDC).

(L)

Recordation.

Same as Final Plat.

Recordation procedures are the same as those for the recordation of a Final Plat in Section 3.19 of this Chapter 3.

Controlling.

Upon recordation at the applicable county, an Amending Plat is controlling over the previously recorded plat without vacation of the previously recorded plat.

(M)

Expiration.

No Expiration after Recordation. An Amending Plat does not expire after it is approved by the City and recorded with the applicable county.

Expiration if not Recorded. If an approved Amending Plat is not timely recorded pursuant to Section 3.19 of this Chapter 3, then it is null and void.

(N)

Replat or Amending Plat.

Revisions to an Amending Plat may only be approved as a Replat (Section 3.39 of this Chapter 3) or as another Amending Plat (this Section 3.40).

(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 10, adopted 5/7/19)

§ 3.41 Plat Vacation.

Purpose.

The purpose of Plat Vacation is to provide an expeditious means of vacating a recorded plat in its entirety, consistent with provisions of controlling state law.

Applicability.

A Plat Vacation application must first be approved by the Planning Director prior to vacation of any recorded plat or portion thereof. A plat may be vacated only in accordance with state law, and only in conjunction with simultaneous approval of a new revised Final (or other type of recordable) plat application in accordance with this GDC unless such Plat Vacation was initiated by the City under subsection (C)(3) below.

Initiation of a Plat Vacation.

By Property Owner.

The property owner of the tract covered by a plat may submit an application to vacate the plat at any time before any lot in the plat is sold.

By All Lot Owners.

If lots in the plat have been sold, an application to vacate the plat may be submitted by all the owners of lots in the plat.

By City Council.

The City Council may, on its own motion, determine that a recorded plat should be vacated in the public interest; if:

No lots within the approved plat have been sold within five years following the date the Final Plat was approved by the City;

The property owner has breached a Subdivision Improvement Agreement, and the City does not have funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successor; or

The plat has been of record for more than five years, and the City Council determines that the further sale of lots within the subdivision or addition is not in the public interest, except that the vacation shall apply only to lots owned by the property owner who or which filed the plat, or its successors.

Application Submission and Processing.

A complete application for approval of a Plat Vacation must be submitted, and will be processed, in accordance with Section 3.06 of this Chapter 3. An application for Plat Vacation must also be accompanied by an application for a Final (or other recordable) Plat for all of the land subject to the recorded plat or portion thereof to be vacated, prepared in accordance with this Article.

(E)

Review Process.

A Plat Vacation application shall be reviewed by the DRC and the Planning Director, in accordance with the procedures set forth in the City’s Development Application Packet, as amended. The Planning Director shall schedule the Plat Vacation application for Plan Commission consideration simultaneously with the new Final (or other recordable) Plat application, in accordance with Section 3.04 of this Chapter 3.

(F)

Processing and Decision.

The Plat Vacation application shall be decided by the Planning Director in conjunction with its decision on a new Final (or other recordable) Plat application for all of the subject property.

The Plat Vacation application shall be processed together with the new Final (or other recordable) Plat application in accordance with the procedures applicable to the new Plat application under this Article 2.

If a Plat Vacation application is submitted with a Preliminary Plat application (rather than a recordable plat application), the Planning Director's decision on the Plat Vacation application may be deferred or conditioned on approval of a Final (or other recordable) Plat application for all of the subject property. The Planning Director shall decide the Plat Vacation application after it decides the Final (or other recordable) Plat application.

(G)

Criteria for Approval.

The Planning Director may only approve a Plat Vacation application upon approving the new Final (or other recordable) Plat application for all of the subject property, and must deny a Plat Vacation application if the new Plat application is denied. The new Plat application, as well as any preceding Preliminary Plat application, shall be decided in accordance with the criteria for approval in Division 3, Section 3.17, of this Article 2.

(H)

Effect.

On the execution and recording of the vacating instrument, the previously recorded plat shall become null and void, and shall have no effect. Regardless of the City’s action on the Plat Vacation petition, the applicant shall have no right to a refund of any monies, fees or charges paid to the City, nor to the return of any property or consideration dedicated or delivered to and accepted by the City (including acceptance by use) except as may have previously been agreed to by the City Council.

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.