(A) Generally.
(1) Preliminary plats, final plats, minor plats, and replats are eligible for plat amendment, provided the amendment meets the criteria contained in this Section:
(2) Plat amendments shall only be permitted to address the matters listed in § 212.016(a) of the Tex. Loc. Gov't Code, as amended:
(a) To correct an error in a course, a distance or a real property description that is shown on a preceding plat;
(b) To add a course or distance that was omitted on a preceding plat;
(c) To correct an error in the documentation, location, or character of a monument shown incorrectly on a preceding plat;
(d) To indicate monuments set after the death, disability or retirement from practice of the professional engineer or surveyor responsible for setting monuments;
(e) To show the change in location or character of a monument shown incorrectly on a preceding plat;
(f) To correct an error or omission in a previously approved plat that impacts the lots of the subdivision. This could include lot numbers, acreage, street names and identification of adjacent recorded plats;
(g) To correct an error in courses and distances of lot lines between two adjacent lots, provided that:
1. The owners of both impacted lots jointly file the application for plat amendment;
2. Neither lot is abolished and the number of lots does not change;
3. No recorded covenant or restriction is removed; and
4. The amendment does not have materially adverse effects on the property rights of owners of other parcels within the plat in question; or
(h) To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(i) To relocate one or more lot lines between one or more adjacent lots if:
1. The owners of all those lots join in the application for amending the plat;
2. The amendment does not attempt to remove recorded covenants or restrictions; and
3. The amendment does not increase the number of lots;
(j) To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
1. The changes do not affect applicable zoning and other regulations of the municipality;
2. The changes do not attempt to amend or remove any covenants or restrictions; and
3. 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; or
(k) To replat one or more lots fronting on an existing street if:
1. The owners of all those lots join in the application for amending the plat;
2. The amendment does not attempt to remove recorded covenants or restrictions;
3. The amendment does not increase the number of lots; and
4. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(3) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
(B) Application submittal. Copies of the amending plat application shall be submitted in accordance with all provisions of this chapter.
(C) Approval procedure. Upon completion of the submission procedure by the owner, a committee composed of the Director of Public Works and the City Manager is authorized to review the amending plat submitted and to administratively approve submissions which satisfy the requirements of § 154.025. The Director may, for any reason, elect to present the amending plat to the Planning and Zoning Commission or City Council, or both, to approve the plat. The Director of Public Works shall not disapprove the plat and is required to refer any plat which he refuses to approve to the Planning and Zoning Commission or City Council, or both, so that final approval can be considered within 30 days after the plat is filed.
(Ord. 08-2019-47, passed 8-27-19)