§ 35-439. Owner-Initiated Plat Vacation.

(a)

Applicability. The provisions of this section establish a process for approving the elimination of a plat, in whole or in part. Pursuant to V.T.C.A. Local Government Code § 212.013, 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.

(b)

Initiation. The owner or owners of lots in any approved subdivision, including the developer, shall initiate a plat vacation by filing a petition and declaration with the director of planning and development services to vacate the plat with respect to their properties. The petition shall conform to the requirements of Appendix "B." The instrument shall be the same as form "M" set out in Appendix "B," subsection 35-B120(f). If the subdivider so desires, the vacating declaration and an application requesting resubdivision of the plat may be filed and processed simultaneously. Upon filing the vacating declaration, a filing fee as specified in Appendix "C" shall be paid to the City of San Antonio in addition to the required recordation fee. The filing fee shall not be required if the vacating declaration is filed and processed simultaneously with a resubdivision plat.

(c)

Completeness Review. The director of planning and development services shall review an application for a plat vacation as provided in subsection 35-432(c) of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(d)

Decision. The petition may be approved, conditionally approved or disapproved at a regular public meeting of the planning commission subject to the criteria in subsection (e), below.

(e)

Approval Criteria. The planning commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety and welfare; but in no event may the planning commission approve a petition for vacation if it will materially injure the rights of any non-consenting property owner or any public rights in public improvements unless expressly agreed to by the agency with jurisdiction over such improvements.

(f)

Subsequent Applications. Not applicable.

(g)

Amendments. Not applicable.

(h)

Scope of Approval. On the execution and recording of the vacating instrument, the vacated plat has no effect. A plat may be resubdivided upon vacation of the original plat. The resubdivision of the land covered by a plat that is vacated shall be platted in the same manner as is prescribed by this chapter for an original plat. In addition a copy of the vacating declaration form (subsection 35-B115(d)) shall be submitted with the resubdivision plat.

(i)

Recording Procedures. 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.

(Ord. No. 96564 § 1)