§ 3.10. Replatting Without Vacating a Preceding Plat

3.10.1 Generally : A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:

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

B. 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 Commission; and

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

3.10.2 Procedures : A replat shall be submitted, reviewed and considered by the Planning Commission in the manner prescribed in this ordinance for a subdivision. However, in addition to these requirements, a replat shall be subject to the public notice requirements of Section 212.015 of the Texas Local Government Code if any lot in the preceding plat was limited to residential use for not more than two residential units per lot. Section 212.015 of the Texas Local Government Code has been reprinted in the Appendix of this ordinance, along with the administrative procedures for the processing of replats.

3.10.3 Utilities : The relocation and/or abandonment of any utilities shall be the responsibility of the developers and shall be provided for concurrently with the vacation procedure. The cost of any such relocation and/or abandonment shall be borne by the developer.