§ 35-441. Amending Plats.

STATEMENT OF PURPOSE

The purpose of this section is to provide a streamlined and efficient process for the combination of parcels or the replat of parcels. Pursuant to V.T.C.A. Local Government Code § 212.0045, a municipality need not require platting for every division of land otherwise within the scope of the state subdivision enabling legislation. V.T.C.A. Local Government Code § 212.0065 authorizes the city to authorize amending plats to be approved administratively.

(a)

Applicability. Pursuant to V.T.C.A. Local Government Code § 212.016, a plat may be amended, and the director may issue an amending plat, if the amending plat is signed by the applicants only and is solely for one (1) 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 (2) 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 (1) or more lot lines between one (1) 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;

(10)

To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding 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 municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area.

(11)

To replat one (1) or more lots fronting on an existing street 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;

(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.

(12)

To establish a no build easement.

(13)

To establish fire lanes.

(14)

Unrecorded Plats. A plat that has been approved but not recorded in the office of the county clerk may be amended for the purpose permitted for a recorded plat. In addition, an unrecorded plat may be amended to add, delete, or relocate an easement required by a certifying department/agency unless a certifying department/agency, upon initial review of the plat, determines that the proposed amendment will require further review and requests in writing to the director of development services that a new plat be submitted.

(15)

Conservation areas in previously platted subdivisions. Conservation areas may be designated on lots in previously platted subdivisions as follows:

A.

A note shall be added to the plat indicating the conservation areas and specifying that such areas are unbuildable and shall be maintained as non-buildable conservation easements in perpetuity and limited to the uses permitted by UDC subsection 35-203(j).

B.

A conservation easement shall be shown on an amending plat or replat and recorded with the plat.

(b)

Initiation. A subdivider wishing to amend an approved plat shall file with the department of planning and development services the amending plat, together with a copy of the plat being amended and a statement detailing the amendments being proposed. The director of planning and development services will determine the extent to which the amending plat will require review by the various departments and agencies of the city. It is noted, however, if the request is to add, relocate or delete an easement or restriction, with the exception of a no build or conservation easement; then limited circulation shall not apply. If the plat being amended has been recorded, the additional recordation fee shall be deposited with the city at the time of plat filing.

(c)

Completeness Review. The director of planning and development services shall review an application for an amending plat 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 § 212.016, notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat. The amending plat shall be processed by the director in the same manner as a minor plat. If the plat being amended has been recorded, the amending plat shall be clearly marked "Amending plat of (___ plat number and name _______). This plat amends the plat previously recorded in the plat and deed records of ________ County, Volume ___, Page ___." The amending plat shall then be recorded if all requirements have been met. If the plat being amended has not been recorded, the amending plat may be approved by the director of planning and development services. Upon approval by the director, the amending plat shall be annotated with the following statement: "This plat includes amendments approved by the director of planning and development services."

(e)

Approval Criteria. The amending plat shall be approved unless it is inconsistent with any of the criteria set forth in article V of this chapter. The amending plat 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 an amended plat.

(g)

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

(h)

Scope of Approval. Approval of an amended plat 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 amending plat may be recorded and is controlling over the preceding plat without vacation of that plat.

(Ord. No. 96564 § 1) (Ord. No. 98697 § 6) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)