§ 35-440. Replatting Without Vacating Preceding Plat.

(a)

Applicability. Pursuant to V.T.C.A. Local Government Code § 212.014, 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 either:

(1)

The replat is the only instrument by which any covenants and restrictions therein are recorded, and the replat:

A.

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

B.

Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and

C.

Does not attempt to amend or remove any covenants or restrictions.

(2)

Or the replat is NOT the only instrument by which any covenants and restrictions therein are recorded, and

A.

The replat is signed and acknowledged by each owner and only the owners of the property being replatted;

B.

The municipal authority responsible for approving plats holds a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard;

C.

The replat does not amend, remove, or violate, or have the effect of amending, removing, or violating, any covenants or restrictions that are contained or referenced in a dedicatory instrument recorded in the real property records separately from the preceding plat or replat;

D.

The replat does not attempt to amend, remove, or violate, or have the effect of amending, removing, or violating, any existing public utility easements without the consent of the affected utility companies; and

E.

The municipal authority responsible for approving plats approves the replat after determining that the replat complies with this chapter and rules adopted under V.T.C.A. Local Government Code § 212.002 and this section in effect at the time the application for the replat is filed.

(b)

Initiation. A subdivider wishing to replat a previously approved and recorded plat shall file with the department of planning and development services the proposed replat in accordance with section 35-431.

(c)

Completeness Review. The director of planning and development services shall review an application for replat in accordance with 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. Pursuant to V.T.C.A. Local Government Code §§ 212.002, 212.014, and 212.0146, the municipal authority responsible for approving plats shall approve the replat after determining that the replat complies with this chapter and rules adopted under § 212.002 and this section in effect at the time the application for the replat is filed.

(e)

Approval Criteria. The replat shall be approved unless it is inconsistent with any of the criteria set forth in article V of this chapter. The replat shall not be approved if it does not comply with any of the criteria set forth in article V of this chapter.

(f)

Subsequent Applications. There is no restriction on subsequent applications for a replat.

(g)

Amendments. A replat may be amended by filing a new replat. The replat shall be processed in the same manner as the original replat.

(h)

Scope of Approval. Approval of a replat shall be restricted to the matters described in subsection (e) of this section, and shall confer no additional rights upon the applicant.

(i)

Recording Procedures. See subsection 35-432(i) of this chapter. The replat may be recorded and is controlling over the preceding plat without vacation of that plat.

(j)

Affidavits. Applications for replat approval shall be accompanied by a signed affidavit of no conflict with existing covenants or restrictions. Such affidavit shall be in substantially the same form as the appropriate sample form in section 35-B121.

(Ord. No. 96564 § 1) (Ord. No. 98697 § 6; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)