§ 28-47. Amending a plat.
(a)
Administrative amended plat. Subject to the following requirements, an administrative amended plat may be issued without the approval of the Planning and Zoning Commission and the City Council.
(1)
An administrative amended plat shall meet all of the informational and procedural requirements set forth for a final plat, including the required number of copies of the plat, a completed application form, and the required application fee.
(2)
Upon receipt of a favorable recommendation for approval from the City Engineer, the City Manager may approve an amending plat which may be recorded and is controlling over the preceding or final plat without vacation of that plat if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this subsection.
a.
The procedures for administrative amended plats shall apply only if the sole purpose of the amending plat is to:
1.
Correct an error in a course or distance shown on the preceding plat;
2.
Add a course or distance that was omitted on the preceding plat;
3.
Correct an error in a real property description shown on the preceding plat;
4.
Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
5.
Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
6.
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; or
7.
Correct an error in courses and distances of lot lines between two adjacent lots if:
(i)
Both lot owners join in the application for amending the plat;
(ii)
Neither lot is abolished;
(iii)
The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and
(iv)
The amendment does not have a material adverse effect on the property rights of the owners in the plat.
b.
An applicant wishing to amend an approved plat shall file with the City Manager the administrative amended plat, together with a copy of the plat being amended and a statement detailing the amendments being proposed for their consideration and approval under this subsection.
(3)
The City Manager may approve administrative amended plats. The City Manager may, for any reason, elect to present the administrative amended plat to the Planning and Zoning Commission and the City Council for consideration and approval. Any decision made on the administrative amended plat by the City Manager shall be approval of the plat. Should the City Manager refuse to approve the administrative amended plat, then the plat shall be referred to the Planning and Zoning Commission and the City Council for review and approval within the time period required by state law.
(4)
Upon the City Manager approving a Plat as provided for herein the City Manager shall, no later than 60 days after the approval, provide the Planning and Zoning Commission written notice of the approval.
(b)
Other amended plats. Subject to the following requirements, the Planning and Zoning Commission and the City Council may approve and issue an amending plat which may be recorded and is controlling over the preceding or final plat without vacation of that plat if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this subsection.
(1)
The procedures for amending plats shall apply only if the sole purpose of the amending plat is to:
a.
Amend a plat described in subsection (a)(2)a.;
b.
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
c.
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 or modify recorded covenants or restrictions or easements; and
3.
The amendment does not increase the number of lots;
d.
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 City;
2.
The amendment does not attempt to remove or modify recorded covenants or restrictions or easements; and
3.
The area covered by the changes is located in an area that the Planning and Zoning Commission and the City Council has approved, after a public hearing, as a residential improvement area; or
e.
Replat one or more lots fronting on an existing street 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;
3.
The amendment does not increase the number of lots; and
4.
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(2)
A subdivider or other applicant wishing to amend an approved plat shall file with the Planning and Zoning Commission and the City Council the amending plat, together with a copy of the plat being amended and a statement detailing the amendments being proposed for their consideration and approval under this subsection.
(c)
Notice, a public hearing, and the approval of other lot owners is not required for the approval and issuance of an amending plat.
(d)
Except as provided above, no changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Planning and Zoning Commission and the City Council unless such changes, modifications, or revisions are first submitted to and approved by the Planning and Zoning Commission and the City Council.
(e)
The amended plat shall be entitled and clearly state that it is an "amended plat," and it shall include a detailed "purpose for amended plat" 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. It shall also state the specific lots affected or changed as a result of the amended plat, and shall include the original subdivision plat boundary. All references to "final plat" or "replat" shall be removed.
(f)
The amending plat shall be filed in the county in the same manner as prescribed for a final plat, and approval of an amending plat shall expire if all filing materials are not submitted to the City within 30 days of approval.
(g)
Filing fees.
(1)
A filing fee as established by the City Council from time to time shall be paid to the City at the time the administrative amended plat is filed with the City Manager.
(2)
A filing fee as established by the City Council from time to time shall be paid to the City at the time the amending plat is filed with the Planning and Zoning Commission, reduced by any fee paid under paragraphs (g)(1) or subsection 28-48(d).
(3)
A filing fee established by the City Council from time to time shall also be paid to the City at the time an amending plat of any kind is filed with the City Council.
(4)
If the plat being amended has been recorded, the additional recordation fee shall also be deposited with the City.
(Ord. No. 52, art. II, § 6, 5-20-1997; Ord. No. 100-52-99, § 20, 3-30-1999; Ord. No. 100-01-12, § 1, 2-27-2012)