§ 42-33. Types of plats.

Subdivisions shall be classified as major, minor, replat or amended plat at the sketch plan stage.

(1)

Major subdivision.

a.

A major subdivision shall be one that the planning staff has determined to be of such character that is or may have a substantial impact on the topography, drainage, sewage, streets, and similar features and facilities both within the subdivision, its neighboring properties, or the community at large. As a general rule, subdivisions creating four or more new lots or any subdivision with a proposed new street shall be classified as a major plat.

b.

A major subdivision shall require a sketch plan, a preliminary plat with the required accompanying materials, and a final plat with required accompanying materials.

(2)

Minor subdivision.

a.

A minor subdivision shall be one that the planning staff has determined to be of such character that there shall be minor measurable impact on the topography, drainage, sewage, streets, and similar features and facilities both within the subdivision, the neighboring properties, and/or the community at large. As a general rule, subdivisions creating fewer than four new lots and no new streets or other public improvements are required shall be considered as minor plats when the following conditions have been met:

1.

The plat and supporting instruments are respectively drawn and complied in compliance with the final plat specifications as hereinafter provided.

2.

The plat and supporting instruments are subdivision they represent are not otherwise in contravention with chapter 212, Local Government Code.

3.

Each lot and block has frontage upon a dedicated and improved street to city specifications.

4.

All easements to each block, or lot have been previously granted or are shown on the plat.

5.

The proposed development neither contains nor creates a significant drainage problem, nor is topography a salient development consideration.

6.

All utilities required to serve each block, or lot are in place or arrangements to provide same have been made with the appropriate agency.

7.

Subject property shall involve a maximum of three lots.

8.

Lot width and total lot area vary no more than five percent less than the equivalent dimensions of abutting lots.

9.

Property which has previously had a total of four lots platted from it via the minor plat procedure shall not have additional lots platted from it under the minor plat procedure.

b.

A minor subdivision shall require the submittal of a sketch plan and, following approval of the sketch plan shall require the submittal of a final plat with required accompanying materials.

(3)

Replat.

a.

A replat shall include modification of an existing plat that creates new lots or alters any previously dedicated rights-of-way or easements, as provided in sections 212.014 and 212.015 of the Texas Local Government Code. Any replat that meets the requirements of an amending plat (section 212.016) including the combination of existing lots, may be processed as a short form procedure if the replat:

1.

Is signed and acknowledged by the owners of the property being replatted;

2.

Is approved by the commission after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard; and

3.

Does not attempt to amend or remove any covenants or restrictions.

b.

If during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification, to a residential use for not more than two residential units per lot; or any lot in the preceding plat was limited by deed restrictions to a residential use for not more than two residential units per lot, the notice and voting requirements of section 212.015, Local Government Code, are applicable and must be followed.

(4)

Amending plats. The commission may approve and issue an amending plat, which may be recorded and controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one or more of the following purposes:

a.

To correct an error in any 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 a real property description shown on the preceding plat;

d.

To indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

e.

To show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

f.

To correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, 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 if:

1.

Both lot owners join in the application for amending the plat;

2.

Neither lot is abolished;

3.

The amendment does not attempt to remove recorded covenants or restrictions; and

4.

The amendment does not have a materially adverse effect on the property rights of the other owners in the plat;

h.

To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

i.

To relocate one or more lot lines between one or more adjacent lots if:

1.

The owners of all those lots join in the application for amending the plat;

2.

The amendment does not attempt to remove recorded covenants or restrictions; and

3.

The amendment does not increase the number of lots; or

j.

To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

1.

The changes do not affect applicable zoning and other regulations of the municipality;

2.

The changes do not attempt to amend or remove any covenants or restrictions; and

3.

The area covered by the changes is located in an area that the commission or city council has approved, after a public hearing, as a residential improvement area.

(Code 1994, ch. 9, art. 17; Ord. No. 248, exh. A(art. 17), 3-24-1997)