§ 2.8. 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 same standards and by the same procedures prescribed for the final platting of land by this Ordinance and Texas Local Government Code Chapter 212. All improvements shall be constructed in accordance with the same requirements as for a construction or final plat, as provided herein. The City Engineer (or designee) 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 Planning and Zoning Commission; and

3.

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

c.

Previous Requirements or Conditions of Approval Which Are Still Valid. In addition to compliance with [paragraph] b. above, a replat without vacation of the preceding plat must conform to the requirements of this Section if:

1.

During the preceding five (5) 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 (2) 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 (2) residential units per lot.

Notice of the public hearing required under (b) above shall be given before the fifteenth (15th) calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Kaufman County. Notice of the public hearing shall also be given by written notice before the fifteenth (15th) calendar day before the date of the hearing, with a copy or description of any requested waivers/suspensions, 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 two hundred (200) feet of the lot(s) 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.

d.

If the property owner(s) of twenty percent (20%) or more of the total land area of lots to whom notice is required to be given under Subsection (b) above file with the City a written protest of the replatting before or at the public hearing, or if the replat requires a waiver/suspension as defined in Section 1.9, then approval of the replat will require the affirmative vote of at least three-fourths (¾) of the full Planning and Zoning Commission and City Council. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the total land area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200') 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% rule" described above, the area of streets and alleys shall be included.

e.

Compliance with Subsection c., above 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- 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 meeting must be held, pursuant to Subsection b.2., above, 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 two hundred feet (200') 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 along with a detailed "Purpose for Replat" statement.

g.

If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, and as provided in Section 2.10 of this Ordinance, a public hearing is not required for a replat of the area vacated. It would, instead, be submitted as a "final plat" and reviewed accordingly.

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 Terrell, Texas, as recorded in Volume/Cabinet ___ Page/Slide ___ of the Plat Records of Kaufman 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 (per the City's current fee schedule), 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 1.10. 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.

A copy of all application materials for a replat shall be simultaneously submitted to the Municipal Development Department for review in the same manner as for a final plat, or the application shall be deemed incomplete.

k.

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 Municipal Development Department, and if the replat is not filed at the County within the time periods specified for a final plat.