§ 35-442. Platting of Antiquated Plats.

(a)

Applicability. For purposes of this section, any subdivision platted prior to June 14, 1927, the effective date of V.T.C.A. Local Government Code Ch. 212, shall not be considered a plat under that chapter and a replat of such a subdivision shall be considered an original plat.

(b)

Initiation. An application for a replat shall be submitted to the director. The plat shall be signed and acknowledged by only the owners of the property being resubdivided.

(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. The approval authority is in accordance with platting procedures contained in section 35-432.

(e)

Approval Criteria. A subdivision or part of a subdivision may be replatted without vacation of the preceding plat if the conditions listed below are met.

• The procedures and specifications pertaining to plats continued in this article shall apply.

• The replat shall not attempt to amend or remove any covenants or restrictions.

(f)

Subsequent Applications. See subsection 35-432(f) of this chapter.

(g)

Amendments. See subsection 35-432(g) of this chapter.

(h)

Scope of Approval. See subsection 35-432(h) of this chapter

(i)

Recording Procedures. See subsection 35-432(i) of this chapter

(Ord. No. 96564 § 1) (Ord. No. 98697 § 6) (Ord. No. 2006-11-30-1333, § 2, 11-30-06)