38-100
The Public Works Director may approve and issue an amending
plat, which may be recorded and is controlling over the preceding
plat without vacation of that 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
an error in a course or distance shown on the preceding plat;
2. to add
a course or distance that was omitted on the preceding plat;
3. to correct
an error in a real property description shown on the preceding plat.
4. to indicate
monuments set after the death, disability, or retirement from practice
of the engineer or surveyor responsible for setting monuments;
5. to 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. to correct
any other type of scrivener or clerical error or omission previously
approved by the municipal authority responsible for approving plats,
including lot numbers, acreage, street names, and identification of
adjacent recorded plats;
7. to correct
an error in courses and distances of lot lines between two adjacent
lots if:
a. both
lot owners join in the application for amending the plat;
b. neither
lot is abolished;
c. 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. to relocate
a lot line to eliminate an inadvertent encroachment of a building
or other improvement on a lot line or easement;
9. to relocate
one or more lot lines between one or more adjacent lots if:
a. the owners
of all those lots join in the application for amending the plat;
b. the amendment
does not attempt to remove recorded covenants or restrictions; and
c. the amendment
does not increase the number of lots; or
10. to make
necessary changes to the preceding plat to create six or fewer lots
in the subdivision covered by the preceding plat if:
a. the
changes do not affect applicable zoning and other regulations of the
municipality;
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 municipal
planning commission or other appropriate governing body of the municipality
has approved, after a public hearing, as a residential improvement
area.
38-101 Notice,
a hearing, and the approval of other lot owners are not required for
the approval and issuance of an amending plat.
38-102 An
executed application form, application fee, tax certificates, and
prescribed drawings as required for a final plat shall be submitted.
38-103 Election to approve. The public works director shall approve
an amending plat within the time period specified in section 212.009
of the Texas Local Government Code. The public works director may,
for any reason, elect to present the plat for approval to the municipal
authority responsible for approving plats.
38-104 Refusal to approve plat. The public works director shall not
disapprove an amending plat, and shall be required to refer any amending
plat which he refuses to approve to the municipal authority responsible
for approving plats within the time period specified in section 212.009
of the Texas Local Government Code.
38-105 If
an amending plat is referred, for any reason, to the municipal authority
responsible for approving plats, the amending plat shall be processed
in the same manner herein provided for a final plat.
(Ordinance 1246-2019, sec. 5, adopted 9/10/19)