§ 32-49. Replatting

(a) Replat required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedures prescribed for the final platting of land by this chapter. All improvements shall be constructed in accordance with the same requirements as for a preliminary or final plat, as provided herein. Approval of a replat or minor replat shall be considered to automatically vacate any prior plat, except as set forth in subsection (b) of this section.

(b) Replatting without vacating preceding plat. A replat of a final plat or portion of a final plat may be recorded and is controlling over the preceding plat without vacation of that plat where:

(1) The replat is signed and acknowledged by the owners of the property being replatted (no signatures are required from other owners of lots in the subdivision that are not replatted);

(2) The replat is approved, after a public hearing by the city council; and

(3) The replat does not amend or remove any covenants or restrictions previously incorporated in the final plat.

(c) In addition to compliance with subsections (b)(1) through (3) of this section, a replat without vacation of the preceding plat must conform to the requirements of this section if:

(1) 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 residential units per lot; or

(2) Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot.

(3) Notice of the public hearing required under subsection (b) of this section shall be given on or before the 15th calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in the county.

(4) Notice of the public hearing shall also be given by written notice, with a copy or description of any requested exceptions, sent to the property owners, as documented on the most recently approved ad valorem tax roll of the city, of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted.

(5) In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved county tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the city.

(d) If the property owners of 20 percent or more of the total land area of lots to whom notice is required to be given under subsection (c) of this section file with the city a written protest of the replatting before or at the public hearing, or if the replat requires an exception as defined in this section, then approval of the replat will require the affirmative vote of at least three-fourths of the city councilmembers present. For a legal protest, written instruments signed by the owners of at least 20 percent 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 prior to the close of the public hearing. In computing the percentage of land area subject to the "20 percent rule" described in this subsection, the area of streets and alleys shall be included.

(e) Compliance with subsection (c) of this section is not required for approval of a replat or 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. For example, for a replat involving nonresidential property, a public hearing must be held, pursuant to subsection (b)(2) of this section, but notice of the hearing does not have to appear in the newspaper and written notices do not have to be mailed to individual property owners within 200 feet of the subject property.

(f) Any replat which adds or deletes lots must include the original subdivision and lot boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots which have changed.

(g) If the previous plat is vacated as prescribed in V.T.C.A., Local Government Code § 212.013, as amended, a public hearing is not required for a replat of the area vacated.

(h) The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein.

(i) The title shall identify the document as a "Final Plat" of the "____________ Addition, Block ____________, Lot(s) ____________, Being a Replat of Block ____________, Lot(s) ____________ of the ____________ Addition, an addition to the city of Granite Shoals, Texas, as recorded in Volume/Cabinet ____________, Page/Slide ____________ of the Plat Records of Burnet County, Texas."

(j) An application submittal for a replat shall be the same as for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required submission fee, and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with section 32-9

(k) The replat shall be filed with the county clerk in the same manner as prescribed for a final plat, and approval of a replat shall expire if all filing materials are not submitted to the city secretary, and if the replat is not filed with the county clerk within the time periods specified for a final plat.

(l) Exception. A property owner who proposes to construct or improve a structure across two or more adjacent platted lots that already are part of a recorded plat and that, because of existing LCRA regulations, are too small to permit the construction or improvement of such structure on any one of the lots, shall not be required to obtain a replat as a prerequisite to the issuance of a building permit, certificate of occupancy, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements. This exception does not relieve the property owner from the responsibility to comply with all other applicable regulations.

(Ord. No. 549, § 10.221, 12-22-2009)