(a) Purpose. An Amended Plat that meets all of the informational requirements set forth in this Ordinance may be approved and recorded by the City without vacation of the preceding plat, without a public hearing, and without approval of other lot owners within the platted subdivision provided that any persons with a vested interest affected by the plat amendment signs the plat and application; and that the purpose of the Amended Plat is:
(1) To correct an error in any course or distance shown on the preceding plat; or
(2) To add any course or distance that was omitted on the preceding plat; or
(3) To correct an error in the description of the real property shown on the preceding plat; or
(4) To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or
(5) To show the proper location or character of any monument which has been changed in location, character, or shown incorrectly on the preceding plat; or
(6) To correct any other type of scrivener or clerical error or omission as previously approved by the Commission and Council; such errors and omissions may include, but are not limited to: lot numbers, acreage, street names, and identification of adjacent recorded plats; or
(7) To correct an error in courses and distances of lot lines between two adjacent lots where lot owners join in the application for an Amended lat 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; or
(8) 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; or
(9) To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the Amended Plat, provided that such amendment does not attempt to remove recorded covenants or restrictions, or increase the number of lots.
(b) Format. The format of an Amended Plat shall be the same as the format for a Final Plat.
(c) Content. The content of an Amended Plat shall be the same as the content requirements for a Short Form Final Plat.
(d) Procedure.
(1) The Amended Plat may be submitted without reapproval of a Preliminary Plat or Construction Plans. The Amended Plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the City for approval before recordation of the plat.
(2) Legible prints, as indicated on the application form shall be submitted to the City along with the following:
(i) Completed application forms and the payment of all applicable fees.
(ii) Certification from all applicable taxing authorities that all taxes due on the property have been paid.
(iii) Any attendant documents needed to supplement the information provided on the plat.
(iv) The City shall require the following note on the Amended Plat: This subdivision is subject to all general notes and restrictions appearing on the plat of ___ , Lot(s) ___ , recorded at Cabinet ___ , Slide ___ of the Plat Records of Henderson County, Texas.
(e) Approval. The City Engineer shall take action on any Amended Plat meeting the requirements of this Ordinance within thirty (30) days the Filing Date (or within sixty (60) days of the Filing Date if an extension request has been approved). If the Amended Plat is disapproved, the City Engineer shall notify the applicant, in writing by the thirtieth (30th) day following the Filing Date, of disapproval, state the reasons for disapproval, and cite to the law or ordinance that is the basis for disapproval. The failure of he City Engineer to act within thirty (30) days of the Filing Date (or within sixty (60) days of the Filing Date where an extension has been granted), shall be deemed an approval of the Amended Plat, except as otherwise agreed to by the applicant pursuant to Section 2.02. If in the City Engineer's determination, the Amended Plat does not qualify to be revised as an Amended Plat under this Ordinance or state law, the City Engineer shall disapprove the application in writing, state the specific reason for disapproval, cite to the law or ordinance that is the basis for disapproval, and may require the plat to be processed in accordance with the Final Plat procedures of this Ordinance. An Amended Plat shall not be approved if it is not in conformance with the Zoning Ordinance.
(f) Expiration. Approval of an Amended Plat shall expire if said plat is not recorded in the plat records of the County within two (2) years of City approval.
(g) Recordation. Recordation of an Amended Plat shall follow the same recordation provisions of a Final Plat.
(h) Responsibility. Notwithstanding the approval of any Amended Plat by the City Engineer, the developer and the engineer that prepares and submits such plats shall be and remain responsible for the adequacy of the design and nothing in this Ordinance shall be deemed or construed to relieve or waive the responsibility of the developer or his/her engineer for or with respect to any plat submitted.
(i) Extension. The developer may apply for an extension, in writing, prior to the end of the initial two (2) year period, stating just cause for needing the extension. Upon receipt of this written request, the Commission may, at its discretion, grant up to a one-year extension.
(Ord. 2022-002, passed 4-19-2022)