§ 30-305. Replatting.

(a)

Replat required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an already approved and filed final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the standards and procedures prescribed for the replatting of land by this chapter. All improvements shall be constructed in accordance with the same requirements as for a final plat as provided herein. The building official may waive or modify requirements for a preliminary replat under certain circumstances where the proposed replat does not involve a large land parcel or an existing structure or business on the subject property, and where the proposed plat revisions are relatively simple in nature.

(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 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 commission; and

(3)

Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.

Notice of the public hearing required under this section shall be given 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. Notice of the public hearing shall also be given by written notice before the 15th calendar day before the date of the hearing, with a copy or description of any requested waivers and a copy of V.T.C.A., Local Government Code § 212.015(c), 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 lot to be replatted. 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 appropriate postage paid, in a post office or postal depository within the boundaries of the city.

(c)

Residential replat. In addition to compliance with subsection (b) 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.

(d)

File with city of protest. 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 (b) of this section file with the city a written protest of the replatting before or at the public hearing, and the replat requires a waiver as defined in this chapter, then approval of the replat will require the affirmative vote of at least three-fourths of the commission members present. For a legal protest, written instruments signed by the owners of at least 20 percent of the total land 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 herein, the area of streets and alleys shall be included.

(e)

Compliance to regulation. Compliance with subsection (c) of this section is not required for approval of a replat for any part of a preceding plat if the area to be replatted was designated or reserved for other than single-family or two-family (i.e., duplex) 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)

Adding or deleting lots. Any replat that 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 along with a detailed "Purpose for Replat" statement.

(g)

Public hearing not required for vacated plat. If the previous plat is vacated as prescribed in V.T.C.A., Local Government Code § 212.013, as amended, and as provided in this chapter, a public hearing is not required for a replat of the area vacated. It would, instead, be submitted as a preliminary or final plat and reviewed accordingly.

(h)

Must meet all requirements. 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)

Identification of document. 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 La Vernia, Texas, as recorded in Volume ____________ , Page ____________ of the Plat Records of ____________ County, Texas.

(j)

Requirements for final plat. An application submittal for a replat shall be the same as for a final plat, and shall be accompanied by all items required for final plats, including the required number of copies of the plat, a completed application form, and the required application fee.

(k)

Purpose of replat statement. The replat shall also bear a detailed purpose for replat statement which describes exactly what has been changed on the plat since the original (or previous) plat was approved by the city and filed at the county.

(l)

Filing. The replat shall be filed at the county 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, and if the replat is not filed at the county within the time periods specified for a final plat.

(Ord. No. 041008-01, app. A, § 3-05, 4-10-2008)