(A) General. The provisions of Tex. Local Government Code §§ 214.014 and 214.015 are incorporated in the sections below. These requirements apply to the final plat approval process on major and staged developments; they do not apply to the preliminary approval process. If a minor development meets conditions described in the definition of “replat” in § 158.01 of this chapter, the approval process shall follow requirements in divisions (B) and (C) below.
(2012 Code, § 77-62)
(B) Replatting without vacating 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 only the owners of the property being replatted;
(2) Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the municipal authority responsible for approving plats; and
(3) Does not attempt to amend or remove any covenants or restrictions.
(2012 Code, § 77-63)
(C) Additional requirements for certain replats.
(1) In addition to compliance with division (A) above, a replat without vacation of the preceding plat must conform to the requirements of this section if:
(a) During the preceding five 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 single-family units per lot; or
(b) Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two single-family units per lot.
(2) Notice of the hearing required under division (A) above shall be given before the fifteenth day before the date of the hearing by:
(a) Publication in the city’s official newspaper or a newspaper of general circulation in the county; and
(b) By written notice, with a copy of division (C) below attached, forwarded by the City Secretary on behalf of the City Council 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 most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved 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 the city’s Post Office.
(3) If the proposed replat requires a variance and is protested in accordance with this division (C), the proposed replat must receive, in order to be approved, the affirmative vote of at least three- fourths of the members present of the City Council. For a legal protest, written instruments 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, must be filed with the City Council prior to the close of the public hearing.
(4) In computing the percentage of land area under division (C)(3) above, the area of streets and alleys shall be included.
(5) Compliance with divisions (C)(3) and (C)(4) above is not required for approval of a replat of part of a preceding plat 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.
(2012 Code, § 77-64)