(A) Amending plats.
(1) General. A plat may be considered an amending plat solely for the purposes established in Tex. Loc. Gov’t. Code, § 212.016.
(2) Form and content. The amending plat should depict both the current and the proposed configuration of all altered lots. The current configuration should be located on the left side of the plat and shall depict all information as required for a preliminary plat as provided in this chapter. The proposed configuration should be located on the right side of the plat and shall depict all information as required for a final plat as provided in this chapter.
(3) Processing. The Planning and Development Director, or the Planning and Zoning Commission and the City Council (if forwarded by the Director of Planning and Development) may approve and issue an amended plat, which may be recorded with the County Clerk and controls over the preceding plat without vacation of the plat, if the amended plat is signed by the applicant(s) and is solely for one or more of the following purposes as established by Tex. Loc. Gov’t. Code, § 212.016:
(a) To correct an error in a course or distance shown on the preceding plat;
(b) To add a course or distance that was omitted on the preceding plat;
(c) To correct an error in the description of the real property shown on the preceding plat;
(d) To indicate monuments set forth after death, disability or retirement from practice of the Engineer or surveyor responsible for setting monuments;
(e) To show the proper location or character of any monument which has been changed in location or character or which originally was shown incorrectly as to location or character on the preceding plat;
(f) To correct any other type of scrivener’s, clerical error or omission previously approved by the Planning and Zoning Commission and/or City Council, including 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 where both lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat;
(h) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement;
(i) To relocate one or more lot lines between one or more adjacent lots where the owner(s) of all such lots join in the application for the plat amendment; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not increase the number of lots;
(j) To make necessary changes to the preceding plat to create six or fewer lots in the plat if the changes do not affect applicable zoning and other regulations of the city, and the changes do not attempt to amend or remove any covenants or restrictions and the area covered by the changes is located in an area that the Planning and Zoning Commission and/or the City Council has approved, after a public hearing, as a residential improvement area; and
(k) To replat one or more lots fronting on an existing street if the owners of all those lots join in the application for the amendment. The amendment does not attempt to remove recorded covenants or restrictions or increase the number of lots; and, the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(B) Minor plats.
(1) General. A plat of a subdivision involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of any city infrastructure.
(2) Processing. Minor plats shall be approved by the Planning and Development Director if they meet all of the requirements. The Director may elect to forward the plat to the Planning and Zoning Commission for approval.
(3) Form and content. Minor plats will be required in general conformance with final plat procedures except in regards to the signature block. The Planning and Zoning and City Council certification blocks as described under final plat requirements should not be utilized on minor plats (all other certification blocks should be utilized). Minor plats should utilize the following certification block in the place of the Planning and Zoning and City Council certification blocks:
APPROVED this the day of , by the Director of Planning and Development of the City of Harker Heights, Bell County, Texas.
Director of Planning and Development
Attest: City Secretary
(C) Replat.
(1) General. A replat is a revision of a previously platted subdivision that involves vacating the prior subdivision and re-subdivides the property that usually changes the number of lots in accordance with the Tex. Loc. Gov’t. Code, Ch. 212. A replat shall follow the same procedures as are required for an original plat and shall comply with Tex. Loc. Gov’t. Code, Ch. 212 of the Local Government Code, including requirements for public hearings and notifications. Replats may be approved administratively if they qualify under the following:
(a) Minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
(b) A replat under Tex. Loc. Gov’t. Code, § 212.0145 that does not require the creation of any new street or the extension of municipal facilities.
(2) Form and content. The replat shall depict both the current and the proposed configuration of all altered lots. The current configuration should be located on the left side of the plat and shall depict all information as required for preliminary plats as presented in § 154.21. The proposed configuration should be located on the right side of the plat and shall depict all the information as required for final plats as presented in Section § 154.22.
(D) Vacating a plat. (Refer to Tex. Loc. Gov’t. Code, § 212.013). Vacating a plat should follow the same procedure as prescribed for the original plat.
(Ord. 2010-08, passed 3-9-10)