Sec. 212.015. ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS. (a) In addition to compliance with Section 212.014, 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.
(a-1) If a proposed replat described by Subsection (a) requires a variance or exception, a public hearing must be held by the municipal planning commission or the governing body of the municipality.
(b) Notice of the hearing required under Subsection (a-1) shall be given before the 15th day before the date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the county in which the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority responsible for approving plats to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested. 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 municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the municipal planning commission or governing body, or both. 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 municipal planning commission or governing body, or both, prior to the close of the public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets and alleys shall be included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of 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.
(f) If a proposed replat described by Subsection (a) does not require a variance or exception, the municipality shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll. This subsection does not apply to a proposed replat if the municipal planning commission or the governing body of the municipality holds a public hearing and gives notice of the hearing in the manner provided by Subsection (b).
(g) The notice of a replat approval required by Subsection (f) must include:
(1) the zoning designation of the property after the replat; and
(2) a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 345, Sec. 2 to 5, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 1046, Sec. 3, eff. Aug. 30, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 951 (H.B. 3167), Sec. 7, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1242 (H.B. 3314), Sec. 2, eff. September 1, 2019.
Structure Texas Statutes
Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities
Subtitle A - Municipal Regulatory Authority
Chapter 212 - Municipal Regulation of Subdivisions and Property Development
Subchapter A. Regulation of Subdivisions
Section 212.003. Extension of Rules to Extraterritorial Jurisdiction
Section 212.004. Plat Required
Section 212.0045. Exception to Plat Requirement: Municipal Determination
Section 212.0046. Exception to Plat Requirement: Certain Property Abutting Aircraft Runway
Section 212.005. Approval by Municipality Required
Section 212.006. Authority Responsible for Approval Generally
Section 212.0065. Delegation of Approval Responsibility
Section 212.008. Application for Approval
Section 212.0085. Approval Procedure: Applicability
Section 212.009. Approval Procedure: Initial Approval
Section 212.0091. Approval Procedure: Conditional Approval or Disapproval Requirements
Section 212.0093. Approval Procedure: Applicant Response to Conditional Approval or Disapproval
Section 212.0095. Approval Procedure: Approval or Disapproval of Response
Section 212.0096. Approval Procedure: Alternative Approval Process
Section 212.0097. Approval Procedure: Waiver Prohibited
Section 212.0099. Judicial Review of Disapproval
Section 212.010. Standards for Approval
Section 212.0101. Additional Requirements: Use of Groundwater
Section 212.0105. Water and Sewer Requirements in Certain Counties
Section 212.0106. Bond Requirements and Other Financial Guarantees in Certain Counties
Section 212.011. Effect of Approval on Dedication
Section 212.0115. Certification Regarding Compliance With Plat Requirements
Section 212.012. Connection of Utilities
Section 212.013. Vacating Plat
Section 212.014. Replatting Without Vacating Preceding Plat
Section 212.0145. Replatting Without Vacating Preceding Plat: Certain Subdivisions
Section 212.0146. Replatting Without Vacating Preceding Plat: Certain Municipalities
Section 212.015. Additional Requirements for Certain Replats
Section 212.0155. Additional Requirements for Certain Replats Affecting a Subdivision Golf Course
Section 212.016. Amending Plat
Section 212.017. Conflict of Interest; Penalty