A. Purpose. The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a recorded Plat consistent with provisions of State law.
B. Applicability. The procedures for an Amending Plat shall apply only if the sole purpose of the Amending Plat is to achieve one or more of the following Purposes:
1. Error Corrections or Administrative Adjustments.
a. Correct an error in a course or distance shown on the preceding Plat.
b. Add a course or distance that was omitted on the preceding Plat.
c. Correct an error in a real property description shown on the preceding Plat.
d. Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments.
e. 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.
f. 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.
g. Correct an error in courses and distances of lot lines between two adjacent lots if:
i. Both lot owners join in the Application for amending the Plat;
ii. Neither lot is abolished;
iii. The amendment does not attempt to remove recorded covenants or restrictions; and
iv. The amendment does not have a material adverse effect on the property rights of the other owners in the Plat.
2. Relocate Lot Lines.
a. Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement.
b. Relocate one or more Lot Lines between one or more adjacent lots if:
i. The owners of all those lots join in the Application for amending the Plat;
ii. The amendment does not attempt to remove recorded covenants or restrictions; and
iii. The amendment does not increase the number of lots.
3. Replatting.
a. 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:
i. The changes do not affect applicable zoning and other regulations of the municipality;
ii. The changes do not attempt to amend or remove any covenants or restrictions; and
iii. The area covered by the changes is located in an area that the City has approved, after a public hearing, as a residential improvement area.
b. Replat one or more lots fronting on an existing street if:
i. The owners of all those lots join in the Application for amending the Plat;
ii. The amendment does not attempt to remove recorded covenants or restrictions;
iii. The amendment does not increase the number of lots; and
iv. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
C. Notice Not Required. The approval and issuance of an Amending Plat shall not require notice, hearing or approval of other lot owners.
D. Action by Director of Planning. The Director of Planning shall:
1. Initiate review of the plat and materials submitted.
2. Determine whether the Amending Plat meets the regulations of these Subdivision Regulations and Development Standards.
3. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in
§ UDC-3.02.01D.
4. Take one of the following actions:
a. Approve the Amending Plat;
b. Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
c. Defer the Amending Plat to the Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with
§ UDC-3.02.01D.
E. Deferral of Decision on an Amending Plat Application, per D.4.c above, if the Director of Planning defers the Amending Plat Application to the Planning and Zoning Commission, the Commission shall consider the Application at a regular meeting no later than thirty (30) calendar days after the date on which the Director of Planning deferred the Application to the Commission. The Commission shall, upon simple majority vote, take one of the following actions:
1. Approve the Amending Plat;
2. Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
3. Deny the Amending Plat.
