A. Purpose and Applicability.
1. A Replat of all or a portion of a recorded Plat may be approved in accordance with State law without vacation of the recorded Plat, if the Replat:
a. Is signed and acknowledged by only the owners of the property being replatted;
b. Is approved after a public hearing; and
c. Does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded Plat.
2. A Replat shall be subject to approval by the Commission.
B. General Notice and Public Hearing Requirements for Replats.
a. See specific notice and hearing requirements for "Certain" Replats in F.2, below, Notice and Public Hearing Requirements for "Certain" Replats).
2. A public hearing shall be conducted by the Commission on all Replat Application.
C. Application. The Application for a Replat of a Subdivision shall meet all Application requirements of a Final Plat. The Applicant shall acknowledge that the Replat will not amend or remove any covenants or restrictions previously incorporated in the recorded Plat.
D. Partial Replat Application. If a Replat is submitted for only a portion of a previously platted subdivision, the Replat must reference the previous Subdivision name and recording information, and must state on the Replat the specific lots which are being changed along with a detailed "Purpose for Replat" statement.
E. Criteria for Approval.
1. The Replat of the Subdivision shall meet all review and approval criteria for a Final Plat.
2. The Replat document shall be prepared by a Registered Professional Land Surveyor in Texas.
F. Additional Requirements for "Certain" Replats.
1. Applicability of "Certain" Replats. Pursuant to Texas Local Government Code Chapter 212.015, a Replat without vacation of the preceding Plat must conform to the requirements of this subsection F if:
a. During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or
b. Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.
2. Notice and Public Hearing Requirements for "Certain" Replats. Notice of the required public hearing shall be given before the fifteenth (15th) calendar day before the date of the hearing by:
a. Publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
b. Written notice, with a copy of Section 212.015(c) of the Texas Local Government Code (as amended) attached, forwarded by the City to the owners of lots that are in the original Subdivision and that are within two hundred (200) feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a Subdivision within the ETJ, the most recently approved applicable county tax roll of the property upon which the Replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the City.
3. Protest.
a. If the Replat Application is accompanied by a waiver petition (per
3.06.01: Petition for Subdivision Waiver) and is protested in accordance with this subsection 3.), approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting.
b. For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots or land immediately adjoining the area covered by the Replat Application and extending two hundred (200) feet from that area, but within the original Subdivision, must be filed with the Commission prior to the close of the public hearing.
c. The area of streets and alleys shall be included in the area computations.
d. Compliance with subsections 3.a. and 3.b., above, is not required for approval of a replat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
e. If a proposed replat as described in this Subsection does not require a variance or exception, the municipality shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll. This does not apply to a proposed replat if the municipal planning commission or the governing body of the municipality holds a public hearing and gives notice of the hearing in the manner provided by 2.a. and 2.b. of this Subsection.
f. The notice of a replat approval required by 3.e. of this Subsection must include:
i. the zoning designation of the property after the replat; and
ii. a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.
G. Replat Review and Approval. The review and approval processes for a Replat shall be the same as the review and approval processes for a Final Plat (except for the special public hearing and notice requirements described in F.2, above, Notice and Public Hearing Requirements for "Certain" Replats).
H. Effect. Upon approval of the Application, the Replat may be recorded and is controlling over the previously recorded Plat for the portion replatted.
