The purpose of a replat is to revise or subdivide any part or all of any block or previously platted subdivision, addition, or lot.
(Ordinance 2020-09 adopted 10/15/20)
The replat shall be drawn to a scale of 1" = 100' or 1" = 50', provided that under special conditions a smaller or larger scale may be accepted when prior approval of the city engineer has been obtained.
(Ordinance 2020-09 adopted 10/15/20)
The replat shall contain the following information:
(1)
Reference and identification.
(A)
Title or name of subdivision, written and graphic scale, north arrow, date of plat and key map.
(B)
Location of the subdivision by city, county and state.
(C)
Primary control points or descriptions and ties to such control points, to which dimensions, angles, bearings and similar data on the plat shall be referred. At least one corner of a subdivision shall be tied by course and distance to one or more of the following:
(D)
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines.
(E)
Adequate relocation data in order to reproduce the subdivision on the ground.
(F)
Approved name and right-of-way width of each street as measured from centerline.
(G)
Locations, dimensions and purposes of any easements or other right-of -way.
(H)
Identification of each lot or site and block by letter or number.
(I)
Boundary lines and names of open spaces to be dedicated for public use or granted for use of the inhabitants of the subdivision.
(J)
Reference to recorded subdivision plats of adjoining platted land by record name, county clerk’s volume and page numbers and reference by record name of ownership of adjoining unplatted property.
(K)
Total number of lots and total acreage contained in the subdivision and the area, in square feet, of each lot.
(2)
The replat shall also include reproducible acknowledgment, endorsements and certifications in the form shown in the appendices to this article[1], which include the following:
(A)
Owner’s certificate - Form of dedication for individual or individuals.
(B)
Owner’s certificate - Form of dedication for corporations.
(C)
Surveyor’s certificate.
(D)
City approval statement.
(E)
Statement acknowledging visibility triangle.
(F)
Deed restriction certification statement.
[1]
Editor's note–Appendices are included as attachments to this chapter.
(Ordinance 2020-09 adopted 10/15/20)
(a)
This section only applies to replats that affect property that has been limited by a zoning classification to residential use for not more than two residential units per lot at any time during the preceding five years or that was limited by deed restrictions to residential use for not more than two residential units per lot.
(b)
For replats subject to this section that require a variance or exception, a public hearing must be held by the commission or the city council. Notice of the public hearing must be given before the 15th day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located and by written notice mailed to the owners of lots that are within the original subdivision and within 200 feet of the lots to be replatted as indicated on the most recently approved municipal or county tax roll. The written notice mailed to property owners shall include the following notice:
If the proposed replat requires a variance and is protested in accordance with subsection 212.015(c), Texas Local Government Code, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet form 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.
(c)
For replats subject to this section that do not require a variance or exception, the city shall, not later than the 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 does not apply to a proposed replat if the commission or the city council holds a public hearing and gives notice of the public hearing in the manner provided in subsection (b) of this section. A notice of a replat approval under this subsection must include the zoning designation of the property after the replat and a telephone number and email address that an owner of a lot may use to contact the city about the replat.
(Ordinance 2020-09 adopted 10/15/20)
A site plan must be submitted along with any replat. A site plan shall contain the following information:
(1)
Ownership and identification.
(A)
Name of subdivider, record owner and volume and page of record ownership in the Tarrant County Deed Records, and land planner, engineer or surveyor.
(B)
Proposed name of the subdivision.
(C)
Location of subdivision by city, county and state.
(D)
Key map showing location of tract by reference to existing streets or highways.
(E)
Date of preparation, scale of plat and north arrow.
(F)
Subdivision boundary lines, indicated by heavy lines, existing lot lines, and the computed acreage of each lot.
(G)
Names of the owners of contiguous parcels of unsubdivided land, the names of contiguous subdivisions, and the lot patterns of these subdivisions shown by dotted or dashed lines.
(H)
Location of the city limit lines, if they traverse the subdivision, or form part of the boundary of the subdivision, or are contiguous to such boundary.
(2)
Existing conditions.
(A)
The location, dimensions, name and description of all existing or recorded public and private right-of-way, including easements, within the subdivision as well as those intersecting or contiguous with its boundaries or forming such boundaries with recording information.
(B)
The location, dimensions, identification or name of all existing or recorded parks and public areas within the subdivision.
(C)
Permanent structures and uses within the subdivision, including location of houses, barns, walls, wells, tanks, and other significant features that will remain with dimensions of same to nearby lot or tract lines.
(D)
The location, dimensions, description, and flow line of existing drainage structures. Also, the location of any floodplain within 250 feet of, or across, the subject property as defined by the current FEMA flood insurance rate map, or subsequent flood study.
(E)
Existing utilities on the tract, specifying size of lines.
(F)
Topography shown by contour lines on a basis of five feet vertical interval in terrain with a slope of two percent or more, and on a basis of two feet vertical interval in terrain with a slope of less than two percent; datum shall be NAVD88.
(3)
Proposed layout.
(A)
Any major proposed changes in topography shown by contour lines on a basis of five feet vertical interval in terrain with a slope of two percent or more, and on a basis of two feet vertical in terrain with a grade of less than five percent; datum shall be that of NAVD88.
(B)
The location, dimensions, description and purpose of all proposed alleys, drainageways, parks, open spaces, other public areas, easements, streets or other rights-of-way, blocks, lots and other sites within the subdivision.
(C)
A number or letter to identify each lot or site and each block; and, the proposed name of each street in the subdivision.
(D)
Data specifying the gross area of the subdivision, the proposed number of residential lots, the area of each lot, the area in residential use, the approximate area in parks, streets, and in other nonresidential uses.
(E)
Existing and proposed zoning.
(F)
All building setback lines on all lots and tracts.
(G)
A map or plat showing the location of proposed water and sanitary sewer mains and services lines which will be required to insure adequate service and fire protection to the lots specified in such proposed tract or subdivision.
(Ordinance 2020-09 adopted 10/15/20)
(a)
An amending plat may be approved and issued by the city and may be recorded and is controlling over the preceding plat, without vacation of the preceding plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
(1)
To correct error in course or distance shown on the prior plat;
(2)
To add any course or distance that was omitted in the prior plat;
(3)
To correct an error in the description of the real property shown on the prior plat;
(4)
To indicate monuments set after death, disability or retirement from practice of the engineer or surveyor charged with responsibility for setting monuments;
(5)
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;
(6)
To correct any other type of scrivener or clerical error or omission as previously approved by the city planning commission or governing body of such city; such errors and omissions may include, but are not limited to, lot numbers, acreage, street numbers, and identification of adjacent recorded plats;
(7)
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;
(8)
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;
(10)
To make necessary changes to the prior plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the prior plat if:
(A)
The changes do not affect applicable zoning and other regulations of the city;
(B)
The changes do not attempt to amend or remove any covenants or restrictions; and
(C)
The area covered by the changes is located in an area that the city planning commission or governing body of the city has approved, after a public hearing, as a residential improvement area; or
(11)
To replat one or more lots fronting on an existing street if:
(A)
The owners of all those lots join in the application for amending plat;
(B)
The amendment does not attempt to remove recorded covenants or restrictions;
(C)
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.
(b)
Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(Ordinance 2020-09 adopted 10/15/20)