(A) Replatting without vacating a preceding plat. 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 the replat:
(1) Is signed and acknowledged by all the owners of the property being replatted;
(2) Is approved; and
(3) Does not attempt to amend or remove any covenants or restrictions.
(B) A replat may be approved administratively in accordance with § 154.027.
(C) Replat exhibits. The developer shall submit an application for approval of a replat with the Planning and Zoning Coordinator, which shall contain the following exhibits:
(1) Replat application. The application shall be on forms furnished by the Planning and Zoning Coordinator. If the applicant is not the official owner of record, written authorization from the property owner is required.
(2) Replat drawing. The plat drawing shall contain the information contained in § 154.025, required plat information, where applicable, and any additional items provided on the checklist provided with the plat application.
(3) Engineering construction drawings. When the proposed development requires the construction of public improvements, the applicant shall submit construction plans and any required engineering studies before the replat application for approval by the City Engineer. The construction drawings shall conform to the technical specifications contained in the design standards manual and shall be prepared and sealed by a licensed professional engineer, licensed to practice in the State of Texas.
(4) Fees. The applicant shall pay the applicable plat application fee when the application is submitted.
(D) Residential replats; variance or exception required. If a replat of residential property, as described by § 212.015(a) of the Tex. Loc. Gov't Code, requires a variance or exception to the requirements of this chapter, a public hearing must be held. Notice of the hearing shall be given before the fifteenth day before the date of the hearing by:
(1) Publication in the official newspaper of the city; and
(2) By written notice to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted as indicated on the city's most recently approved tax roll or appraisal district records.
(3) If the proposed replat requires a waiver from this chapter and is protested by petition in accordance with state law, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the Commission or Council members present.
(4) For a legal protest or petition to be valid:
(a) The petition must be signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area but within the original subdivision;
(b) The petition must be submitted to the Commission or Council prior to close of the public hearing; and
(c) The signatures on the petition must correspond with actual names listed on the most recently approved municipal tax roll or appraisal district records.
(E) Residential replats; no variance or exception. If a proposed replat described by § 212.015(a) of the Tex. Loc. Gov't Code does not require a variance or exception, not later than the fifteenth day after the date the replat is approved, written notice shall be provided 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 property according to the most recent municipality or county tax roll. The notice must include the zoning designation of the property and a telephone number and e-mail address an owner of a lot may use to contact the city about the replat.
(F) Approval of replats.
(1) Planning and Zoning Commission. The Commission shall, within 30 days of the date the application is filed, recommend approval, approval with conditions or disapproval of the replat. If the Commission approves with conditions or disapproves the replat, the Commission shall provide the owner a written statement clearly articulating the specific conditions or reasons for disapproval. Each condition or reason must be directly related to the requirements under this chapter. The statement shall include a citation to the requirement under this chapter, other ordinance, or statute, if applicable. At any time, the developer may submit a written response to the Commission that satisfies each condition or remedies each reason for disapproval. The Commission shall, not later than the fifteenth day after the date the response was submitted, determine whether to approve or disapprove the final plat.
(2) City Council. Within 30 days of the Commission recommendation of the replat, the City Council shall approve, approve with conditions, or disapprove the replat. If the City Council approves with conditions or disapproves the replat, the Commission shall provide the owner a written statement clearly articulating the specific conditions or reasons for disapproval. Each condition or reason must be directly related to the requirements under this chapter. The statement shall include a citation to the requirement under this chapter, other ordinance, or statute, if applicable. At any time, the developer may submit a written response to the Council that satisfies each condition or remedies each reason for disapproval. The City Council shall, not later than the fifteenth day after the date the response was submitted, determine whether to approve or disapprove the replat.
(G) Final action. If the Commission and the City Council approve a replat, it shall be filed of record upon compliance with requirements of this chapter.
(Ord. 08-2019-47, passed 8-27-19; Am. Ord. 09-2022-67, passed 9- 13-22)