1. 
Submittal Requirements.
All plats to be considered for approval under these Regulations shall be submitted to the Planning Director or his designee along with a completed application and fees in accordance with section 3.12.
2. 
Scale and Sheet Size:
All Plats shall be drawn to a scale of one inch (1") = one hundred feet (100'), unless permission is obtained from the City Planning Director for a larger or smaller scale prior to submittal. All sheet sizes shall be 24" x 36" and shall be drawn in ink on a reproducible film material.
3. 
All applications for a subdivision plat shall be accompanied by a completed Trip Generation Threshold Analysis Worksheet substantially in the form set forth in Exhibit E [Appendix E][1] prepared in compliance with Section 6.20 “Traffic Impact Analysis.”
[1]
Editor’s note—Appendix E is included as an attachment to this chapter.
(Ordinance 88-14, sec. 4.11, adopted 7/26/88; Ordinance 2005-42, sec. 2, adopted 8/23/05; Ordinance 2022-33 adopted 6/28/22)
1. 
Conceptual Site Plans:
A Conceptual Site Plan shall be submitted concurrently with the Preliminary Plat of a property intended to be developed with a non-single-family use. The Conceptual Site Plan shall contain the following information unless certain elements are specifically determined by the Development Review Committee to be not applicable.
a) 
The approximate location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within 200 feet;
b) 
The approximate location of landscaped and other open space areas with a chart showing the quantities provided and the quantities required by the zoning ordinance;
c) 
Driveway locations showing approximate distance to the nearest street intersections and other drives adjacent to the site or opposite the site on perimeter streets;
d) 
Off-street parking and loading facilities, with a chart showing the quantities provided and the quantities required by the zoning ordinance;
e) 
Preliminary drainage area calculations and grading plan showing points of runoff;
f) 
Proposed uses;
g) 
Street names on proposed streets;
h) 
Schematic layout of on-site water and sanitary sewer connections to City main lines;
i) 
Utility and drainage easements for dedicated infrastructures if required; and
j) 
Such additional data requested by the Development Review Committee in order to perform a reasonably thorough review within the best standards of practice of Urban Planning and Civil Engineering.
2. 
Building Site Plans:
A Building Site Plan generally conforming to the approved Conceptual Site Plan shall be submitted prior to an application for any non-single-family building permit. The Building Site Plan shall contain the following information unless certain elements are specifically determined by the Development Review committee to be not applicable.
a) 
The location, dimensions and calculated floor area of all existing and Planned structures on the subject property and approximate locations of structures on adjoining property within 200 feet;
b) 
A detailed landscape and irrigation plan with a chart showing quantities of open space and plant materials provided and quantities required by the Zoning Ordinance;
c) 
The location and width of all driveways with distance measurements to the nearest street intersections and other drives adjacent to the site or opposite the site on perimeter streets;
d) 
Off-street parking and loading facilities, with a chart showing the quantities provided and the quantities required by the zoning ordinance;
e) 
Engineering design of stormwater facilities, showing drainage area calculations and final grading plan;
f) 
Proposed uses;
g) 
Street names on proposed streets;
h) 
Engineering design of proposed on-site water and sanitary sewer connections to City main lines and design of any off-site utilities required;
i) 
Utility and drainage easements for dedicated infrastructures if required;
j) 
Location and dimension of all signs, fences and lighting standards;
k) 
Dimensioned elevation drawings stating proposed exterior finish materials; and
l) 
Such additional data requested by the Development Review Committee in order to perform a reasonably thorough review within the best standards of practice of Urban Planning and Civil Engineering.
3. 
Site Plan Application Materials:
The Planning Director is authorized to amend Appendix A[1] from time to time to provide Site Plan Applicants with the checklists, instructions and other information needed for better understanding of the application process.
[1]
Editor’s note—Appendix A is included as an attachment to this chapter.
4. 
Building Site Plan Review Fee:
A Building Site Plan review fee shall be paid to the City upon submission of an application for a Building Site Plan as set forth in the City's master fee schedule adopted by resolution of the City Council from time to time.
5. 
Effective Period of Site Plans:
a) 
A Conceptual Site Plan expires if the preliminary plat with which it is associated expires. Following such expiration, no application for a Building Site Plan shall be considered complete or shall be approved until a new Conceptual Site Plan has been approved.
b) 
A Building Site Plan shall expire and terminate one (1) year after the date of its approval if an application for a building permit has not been filed with the City for construction of a building on the property described on such Building Site Plan by said date. An application for approval of a Building Site Plan that has expired pursuant to this subsection b) shall be treated as a new application and require the payment of an application fee as set forth in the City's master fee schedule.
c) 
The Planning Director shall have authority to extend the term of a Building Site Plan for a period not exceeding one (1) year upon written request of the owner of the property described in the Building Site Plan received not later than thirty (30) days prior to the expiration of the Building Site Plan.
(Ordinance 88-14, sec. 4.12, adopted 7/26/88; Ordinance 97-01 adopted 1/14/97; Ordinance 99-58, sec. 1(2), adopted 10/26/99; Ordinance 2005-42, sec. 3, adopted 8/23/05; Ordinance 2023-27 adopted 7/11/2023)
1. 
A Preliminary Plat shall be required for all parcels of land on which the filing of a plat is required by State law or City Regulations and Ordinances. If property to be subdivided is part of a tract that is less than 640 acres, a preliminary plat must include the entire tract.
2. 
The Preliminary Plat must meet all the criteria of Preliminary Plat submission as required in Regulations and Ordinances of the City and procedures as listed in these Regulations.
3. 
The Preliminary Plat shall be prepared by a licensed Professional Engineer, Registered Public Surveyor or Certified Planner trained and experienced in subdivision design.
4. 
The Preliminary Plat shall contain the following information:
a) 
Names and addresses of the subdivider, record owner, land planner, engineer and/or surveyor.
b) 
Proposed name of the subdivision (which shall not be so similar to that of an existing subdivision as to cause confusion).
c) 
Names and lot patterns of contiguous platted subdivisions within 200' of the proposed subdivision.
d) 
Vicinity map showing location of tract by reference to existing streets or highways.
e) 
Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres.
f) 
Location of City limit lines, if they either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary.
g) 
Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing records, for a distance of two hundred (200) feet from the proposed subdivision. If there are no adjacent existing or dedicated streets and alleys within two hundred (200) feet of the proposed subdivision on any side, then a map on a smaller scale must accompany the Preliminary Plat showing the outline and ownership of adjacent properties, locations of the nearest subdivisions and existing or dedicated streets and alleys.
h) 
The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public areas and permanent structures within or contiguous to the subdivision.
i) 
The locations, sizes, and descriptions of existing and proposed utilities (above and/or below grade), within the subdivision or adjacent thereto.
j) 
The approximate location, dimensions, descriptions and names of all proposed streets, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements or other rights-of-way; blocks, lots and other sites within the subdivision specifically indicating the connection of improvements in adjacent subdivisions.
k) 
Identification and location of proposed uses within the subdivision to include tracts intended for residential, commercial, churches, parks, governmental or other uses and also indicating existing and proposed zoning classifications for each use.
l) 
Topographical information based on 2-foot vertical contour intervals except where excessive steep grade prohibits graphical representation, in which case 5-foot vertical intervals may be used.
m) 
Centerline of watercourses, creeks and ravines, existing drainage structures and other pertinent data shall be shown.
n) 
Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable.
o) 
A drainage study shall be required to provide the information as recorded in Article VI.
p) 
A number or letter to identify each lot and each block; an indication of the typical lot size; the approximate area of the smallest lot; and the total number of lots proposed.
q) 
Building setback lines on all lots and sites adjacent to streets.
r) 
Title, date of preparation, scale and north arrow.
s) 
Current description of the property to be subdivided that includes survey name and tract numbers from City or County records.
t) 
If the proposed subdivision is a portion of a tract which is later to be subdivided in its entirety, then a phasing plan of the entire subdivision shall be submitted with the Preliminary Plat of the portion first to be subdivided. The phasing plan shall conform in all respects to the requirements of the Preliminary Plat, except, it may be on a scale of not more than one inch (1") to four hundred feet (400').
u) 
A detailed explanation of how the subdivision will be served by sanitary sewer and water facilities, including identification of the sanitary sewer and water mains to which the subdivision will be connected and the treatment facilities that will be utilized by the subdivision, the sanitary sewer and water demands generated by the subdivision, and the amount or capacity existing and planned for such main treatment facilities.
5. 
Deadlines and Submitted Material
a. 
The applicant shall submit the number of copies of the plat as required on the application form and one (1) digital copy of the Preliminary Plat to the Planning Director or his designee by the formal application deadline listed on the current calendar to be heard at the next Planning and Zoning Commission meeting.
b. 
The applicant shall submit an 8-1/2" x 11" and an 11" x 17" reduction of all maps included in the submittal material. The applicant shall submit an 8-1/2" x 11" and an 11" x 17" reduction of all maps included in the submittal material. [sic]
c. 
The applicant shall submit the completed application shown in Appendix A,[1] and pay all fees required for preliminary platting as specified in Section 4.13.8 of this document.
[1]
Editor’s note—Appendix A is included as an attachment to this chapter.
d. 
At the time of submittal, the Planning Director or his designee will check all materials against the Preliminary Plat checklist for completeness before accepting any fees. Failure to submit all materials required for Preliminary Plat approval will constitute an incomplete submittal and the application and fees shall not be accepted by the City for processing.
6. 
Duties of the City
a. 
Review the Preliminary Plat for completeness, noticing application of generally accepted engineering and planning design principles and standards.
b. 
Distribute the Preliminary Plat to the development review committee for review.
c. 
Summarize the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission.
7. 
Action by the Planning and Zoning Commission:
The decision of the Planning and Zoning Commission shall be approval, conditional approval, or disapproval of the Preliminary Plat. A majority vote of the Commission shall be required.
a. 
Approval shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and Final Plat.
b. 
The Planning and Zoning Commission may attach such conditions to approval of the preliminary plat as are necessary to assure compliance with these subdivision regulations, including conditions related to assuring the adequacy of the sanitary sewer collection and treatment facilities serving the subdivision. Conditional approval shall subject the subdivision to compliance with prescribed conditions and shall constitute disapproval until such conditions are met. The conditions attached to preliminary plat shall be met upon the filing of the Final Plat.
c. 
Disapproval signifies rejection completely of the Preliminary Plat as submitted. The applicant may then choose to reinstate the subdivision approval procedure, including all fees required in the process.
8. 
Preliminary Plat Review Fee:
A Preliminary Plat review fee shall be paid the City upon submission of the Preliminary Plat in accordance with the adopted fee schedule ordinance, as shown in Appendix D.[2]
[2]
Editor’s note—Appendix D is included as an attachment to this chapter.
9. 
Effective Period
a) 
Preliminary Plat Expiration.
An approved preliminary plat shall expire and shall thereafter be deemed null and void, together with any Conceptual Site Plan approved with such preliminary plat, if a final plat application for all of the land subject to the preliminary plat has not been approved on or before the second (2nd) anniversary of the date the Commission initially approved the preliminary plat. Expiration of a final plat shall also result in expiration of the related preliminary plat for the same land. Upon expiration of the preliminary plat, or upon denial of a timely submitted request for extension of the preliminary plat, a new application for a preliminary plat must be submitted, subject to requirements in effect at the time the application is filed with the City.
b) 
Expiration of Phased Preliminary Plats.
A subdivider shall submit and receive approval of a final plat for the first and all subsequent phases of the phased preliminary plat within the time limits prescribed in this section or as set forth in an approved phasing schedule. A phased preliminary plat shall expire on the second (2nd) anniversary of the date the Commission initially approved the phased preliminary plat application for the portion of the land for which a final plat has not been approved by said date. Not later than the second (2nd) anniversary after approval of the final plat for the first phase of the development, or not later than such other period as may be provided in an approved phasing schedule, a final plat must be approved for the next phase of the development, continuing with each successive phase, until final plats have been approved for all of the land subject to the original phased preliminary plat. Failure to meet a platting deadline as prescribed in this section or as included in the phasing schedule shall result in the expiration of the phased preliminary plat for all remaining phases of the phased preliminary plat for which a final plat has not been approved. If an approved final plat subsequently expires for a phase of the phased preliminary plat, the phased preliminary plat for such phase shall and all remaining phases for which a final plat has not been approved shall expire. For purposes of this subsection, the term “phased preliminary plat” includes any preliminary plat for which the subdivider proposes to obtain final plat approval for portions of the approved preliminary plat at different times.
c) 
Extension of Preliminary Plat.
The expiration date for a preliminary plat or any phase of a phased preliminary plat may be extended by the Planning and Zoning Commission for a period of not more than one (1) year, provided a request for extension is made in writing by the subdivider not less than thirty (30) days before the approved preliminary plat expires. Every request for an extension shall include a statement of the reasons why the expiration date should be extended. The Commission shall take into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which newly adopted regulations should be applied to the original application. The Commission may attach conditions to approval of an extension request determined by the Commission to be necessary to assure that the land will be developed in a timely fashion and that the public interest is served, including a requirement that one or more current development standards be applied to subsequent plat applications within the area subject to the plat.
10. 
Effect of Approval.
a. 
Approval of a preliminary plat shall authorize the owner to file an application for approval of engineering plans that conform to the preliminary plat and any conditions attached thereto, upon approval of construction/engineering plans, owner may file for approval of final plat.
b. 
The approval of a preliminary plat does not constitute authorization or approval for connection to the City of Midlothian’s water or sanitary sewer systems.
(Ordinance 88-14, sec. 4.13, adopted 7/26/88; Ordinance 99-58, sec. 1(3), adopted 10/26/99; Ordinance 2001-20, secs. 1–3, adopted 4/24/01; Ordinance 2004-17 adopted 4/6/04; Ordinance 2005-42, sec. 4, adopted 8/23/05; Ordinance 2020-59 adopted 10/27/20; Ordinance 2023-27 adopted 7/11/2023)
1. 
No subdivision of land located within the City's corporate limits or extraterritorial jurisdiction shall occur prior to (a) the approval of a Final Plat in accordance with these Subdivision Regulations and applicable state law and (b) recording the approved Final Plat in the Official Public Records or Plat Records of Ellis County and/or Johnson County, Texas. Except for changes approved by the Commission in approving the Final Plat, the Final Plat shall substantially comply with the approved Preliminary Plat. Except as otherwise provided in this subdivision ordinance, no building permit shall be issued to construct a building on property which has not been previously the subject of an approved and recorded Final Plat.
2. 
After obtaining the approval of a Preliminary Plat or Site Plan and compliance with all necessary fiscal agreements including fees, assessments, and delinquent taxes, the applicant may, if wishing to proceed with the subdivision, submit a Final Plat. The Final Plat shall be submitted with a completed application and shall be in accordance with all regulation requirements. The Final Plat application shall be accompanied by a list of changes between the Preliminary Plat and Final Plat (a written list of any and all changes made to the Final Plat that is different from the Preliminary Plat).
3. 
The Final Plat shall be prepared by a licensed Professional Engineer and/or Registered Public Surveyor, trained in subdivision design.
4. 
The Final Plat shall contain the following information also shown in Appendix A.[1]
a) 
Title or name of development and graphic scale, north point, date of Plat and key map.
b) 
Location of the development by City, County and State.
c) 
Accurate boundary survey and property description with tract boundary lines indicated by heavy lines.
d) 
Accurate Plat dimensions with all surveying information necessary to reproduce the Plat on the ground.
e) 
Approved name and right-of-way width of each street, both within and adjacent to the development.
f) 
Locations, dimensions and purposes of any easements or other rights-of-way and all building lines.
g) 
Identification of each lot or site and block by number or letter.
h) 
Record owners of contiguous parcels of unsubdivided land, names and lot patterns of contiguous subdivisions within 200 feet of the proposed subdivision.
i) 
Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use.
j) 
Certificate of dedication of all streets, parks and other public uses signed by the owner or owners.
k) 
Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility.
l) 
Space for signatures attesting approval of the Plat by the Planning Director and Planning Assistant, as shown in Appendix B.[2]
[2]
Editor’s note—Appendix B is included as an attachment to this chapter.
m) 
Seal and signature of the surveyor responsible for surveying the development and/or the preparation of the Plat, as shown in Appendix B.
n) 
All deed restrictions that are to be filed with the Plat shall be shown on or filed separately with the Plat.
o) 
Compliance with all special requirements developed in Preliminary [Plat review.]
p) 
Statement regarding the adequacy of the sanitary sewer treatment or collection facilities serving the subdivision.
[1]
Editor’s note—Appendix A is included as an attachment to this chapter.
5. 
Prior to the filing of the Final Plats, the subdivider shall submit to the City the engineering plans prepared, signed and sealed by a registered professional engineer. These plans shall make adequate provisions for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system, including fire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; shall provide for a sanitary sewer system adequate to serve each lot or building site within the subdivision and shall provide for the construction of such other improvements as may be required. The subdivider shall pay the full cost of all public improvements. Detailed construction plans which shall conform to the provisions of this ordinance and all other ordinances of the City relating to construction standards shall be approved by the City Engineer prior to the acceptance of a Final Plat application. A Final Plat application may be accepted prior to construction plan approval only if it is accompanied by a 30-day waiver, in which case the Final Plat will be placed on the next available Planning & Zoning Commission meeting after the final construction plan approval.
6. 
If the final plat meets all requirements of the Subdivision Regulations without any waivers or exemptions, the Planning Director may approve the final plat with formal ratification from the Planning & Zoning Commission approval at the next available meeting.
7. 
[sic] A receipt shall be noted on the Final Plat or shall accompany the Final Plat indicating that all taxes have been paid.
8. 
The Final Plat shall be filed on record by the City in the plat records of the county where the real property is located, but only after the Planning Director has officially acted upon the Final Plat with reference to improvements, dedications and utilities. Filing fees for recording the Final Plat shall be paid by the subdivider.
9. 
Approval of the Final Plat shall expire unless the Plat is recorded in the office of the County Clerk where the real property is located within a period of ninety (90) days after the date of final approval by the Planning Director.
10. 
Deadlines and Submitted Materials
a) 
The applicant shall submit the number of copies of the plat as required on the application form and one (1) digital copy of the Final Plat to the Planning Director or his designee by the formal application deadline listed on the current calendar to be heard at the next Planning and Zoning Commission meeting[.]
b) 
The applicant shall submit an 8-1/2" x 11" and an 11" x 17" reduction of the Final Plat.
c) 
The applicant shall also submit the completed application, as shown in Appendix A,[3] and pay all fees required for Final Platting in accordance with Section 4.14.12 of this document.
[3]
Editor’s note—Appendix A is included as an attachment to this chapter.
d) 
At the time of submittal, the Planning Director or his designee will check all materials against the Final Plat checklist for completeness before accepting any fees. Failure to submit all materials required for Final Plat approval will constitute an incomplete submittal and shall cause the application to not be accepted for processing.
11. 
Duties of the City
a) 
Review the Final Plat for completeness, noting application of design principles and standards and compliance with approved Preliminary Plat or Site Plan and City Ordinances and Regulations.
b) 
Distribute a copy of the Final Plat to the City development review committee for review.
c) 
Summarize the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission for formal ratification.
12. 
Action by the Planning Director:
The decision of the Planning Director shall be approval or disapproval of the Final Plat.
a) 
Approval shall constitute acceptance of the Final Plat, and the subdivider shall proceed with the filing of the Final Plat.
b) 
Disapproval constitutes complete rejection of the Final Plat. The applicant may then choose to reinstate the subdivision approval procedure, including all fees required in the process.
c) 
The approval of a final plat does not constitute authorization or approval for connection to the City of Midlothian’s water or sanitary sewer systems.
13. 
Final Plat Review Fee.
A Final Plat review fee shall be paid to the City upon submission of the Final Plat in accordance with the adopted fee schedule ordinance, as shown in Appendix D.[4]
[4]
Editor’s note—Appendix D is included as an attachment to this chapter.
(Ordinance 88-14, sec. 4.14, adopted 7/26/88; Ordinance 99-58, sec. 1(4), adopted 10/26/99; Ordinance 2001-20, sec. 1(5), adopted 4/24/01; Ordinance 2004-17 adopted 4/6/04; Ordinance 2011-08, sec. 1, adopted 3/22/11; Ordinance 2016-43, sec. 1(A), adopted 11/8/16; Ordinance 2023-27 adopted 7/11/2023)
An owner or subdivider, at his option, may obtain approval of a portion or section of a subdivision provided he meets all the requirements of all Subdivision Ordinances with reference to such portion or section in the same manner as is required for a complete subdivision. Expiration of a preliminary plat for which final plats are approved in sections shall be as provided in section 4.13(9). In the event a subdivision and the Final Plat thereof is approved by the Planning and Zoning Commission in sections, each Final Plat of each section is to carry the name of the entire subdivision, but is to bear a distinguishing letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in sections.
(Ordinance 88-14, sec. 4.15, adopted 7/26/88; Ordinance 2005-42, sec. 5, adopted 8/23/05)
1. 
The Minor Plat shall be prepared by a licensed Professional Engineer and/or Registered Public Surveyor, trained in subdivision design.
2. 
The Minor Plat shall contain the following information:
a. 
Title or name of development and graphic scale, north point, date of Plat, and key map.
b. 
Location of the development by City, County, and State.
c. 
Accurate boundary survey and property description with tract boundary lines indicated by heavy lines.
d. 
Accurate Plat dimensions with all surveying information necessary to reproduce the Plat on the ground.
e. 
Approved name and right-of-way width of each street, both within and adjacent to the development.
f. 
Locations, dimensions and purposes of any easements or other rights-of-way and all building lines.
g. 
Identification of each lot or site and block by number or letter.
h. 
Record owners of contiguous parcels of unsubdivided land, names, and lot patterns of contiguous subdivisions within 100 feet of the proposed subdivision.
i. 
Boundary lines, dimensions, and descriptions of open spaces to be dedicated for public use.
j. 
Certificate of dedication of all streets, parks, and other public uses signed by the owner or owners.
k. 
Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility.
l. 
Space for signatures attesting approval of the Plat by the Planning Director and City Secretary.
m. 
Seal and signature of the surveyor responsible for surveying the development and/or the preparation of the Plat, as shown in Appendix B.[1]
[1]
Editor’s note—Appendix B is included as an attachment to this chapter.
n. 
All deed restrictions that are to be filed with the Plat shall be shown on or filed separately with the plat.
o. 
Compliance with all special requirements developed in the Pre-submittal review.
3. 
A receipt shall be noted on the Minor Plat or shall accompany the Minor Plat indicating that all taxes have been paid.
4. 
The Minor Plat shall be filed on record by the City in the plat records of the county where the real property is located, but only after the Planning Director has officially acted upon the Minor Plat with reference to dedications. Filing fees for recording the Minor Plat shall be paid by the subdivider.
5. 
Approval of the Minor Plat shall expire unless the Minor Plat is recorded in the office of the County Clerk where the real property is located within a period of ninety (90) days after the date of final approval.
6. 
Submitted Material:
a. 
The applicant shall submit the number of copies of the plat as required on the application form and one (1) digital copy of the Minor Plat.
b. 
The applicant shall also submit a completed application and pay all fees required for Final Platting in accordance with Section 4.14.12 of this document.
c. 
At the time of submittal, the Planning Director or their designee will check all materials against the Minor Plat checklist for completeness before accepting any fees. Failure to submit all materials required for Minor Plat approval will constitute and incomplete submittal and shall cause the application not to be accepted for processing.
7. 
Duties of the City
a. 
Summarize the recommendations of the reviewing authorities.
b. 
Take action on the Plat. The Planning Director may, for any reason, elect to present the Minor Plat to the Planning and Zoning Commission or the City Council, or both, to approve the Minor Plat.
8. 
Action by the City for Minor Plats
a. 
The decision of the Planning Director shall be approval.
b. 
Any Minor Plat the Planning Director refuses to approve shall be referred to the Planning and Zoning Commission or City Council, or both, within the time period required by State law.
9. 
Minor Plat Review Fee:
A Final Plat review fee shall be paid to the City upon submission of the Minor Plat in accordance with the adopted fee schedule ordinance.
Editor’s note–Ordinance 2004-17, adopted 4/6/04, deleted former section 4.16, “Platting or Replatting– Short Form,” which derived from Ordinance 88-14, adopted 7/26/88, and renumbered section 4.17 as 4.16.
(Ordinance 97-05, sec. 2, adopted 3/25/97; Ordinance 2004-17 adopted 4/6/04)
1. 
Preliminary Plat:
A Preliminary Plat and a Phased Preliminary Plat shall expire in accordance with section 4.13(9).
2. 
All other plats:
A Final Plat, Replat, Amended Plat, or a Minor Plat, which has not been recorded in the County Plat Records shall expire within 120 days from the date of approval of the Planning & Zoning Commission and/or City Council.
3. 
Extensions:
The Planning & Zoning Commission may extend the expiration date of an approved preliminary plat or phased preliminary plat in accordance with section 4.13(9). For all other approved plats, the Commission may extend the expiration date upon written petition for such extension by the owner prior to the expiration of the plat, but not to exceed one (1) year.
4. 
Resubmittal:
Upon the expiration of a plat, the applicant must proceed through the applicable process in its entirety, to include fee submittal and the review process.
5. 
It shall be the applicant’s responsibility to monitor the timing of the plat and the potential for expiration.
(Ordinance 2004-17 adopted 4/6/04; Ordinance 2005-42, sec. 6, adopted 8/23/05)
1. 
Definitions.
For purposes of this section only, the following terms apply:
a) 
“Final plat” means the final stage of approval of a subdivision or addition required by Prior Subdivision Regulations as a condition of recording a division of land in the deed records of Ellis County and that was approved or filed for approval pursuant to such Prior Subdivision Regulations.
b) 
“Prior Plat” means a land study, conceptual site plan, sketch plat, preliminary plat, building site plan or other similar representation showing a division of land into lots or tracts approved or filed for approval pursuant to Prior Subdivision Regulations, other than a final plat.
c) 
“Prior Subdivision Regulations” means any subdivision regulation or rule incorporated within a subdivision ordinance of the City of Midlothian that was in effect prior to May 11, 2000.
2. 
Expiration of Dormant Plat.
Any prior plat or portion thereof, or any final plat or portion thereof that has not been recorded, which prior plat or final plat was approved or filed for approval before, but that was not subject to an expiration date under Prior Subdivision Regulations on, May 11, 2000, shall expire at 5:00 p.m. on August 31, 2005.
3. 
Appeal.
The owner of the land subject to the prior plat or final plat that expires under subsection (2) may petition the City Council to reinstate such prior plat or final plat by filing a vested rights petition within six (6) months of the expiration. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following:
(A) 
As of May 11, 2000, one of the following events had occurred:
(1) 
In the case of an approved prior plat:
(a) 
a final plat application for all or part of the land subject to the approved prior plat was approved, or was filed and was subsequently approved, or an application for a final plat was submitted for all or part of the land subject to the approved prior plat, but such application was rejected on grounds of incompleteness;
(b) 
Costs for development of the land subject to the prior plat, including but not limited to costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land subject to the prior plat;
(c) 
Fiscal security was posted to ensure performance of an obligation required for development of all or a part of the land subject to the approved prior plat; or
(2) 
In the case of an approved, unrecorded final plat:
(a) 
Costs for development of the land subject to the final plat, including but not limited to costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent (5%) of the most recent appraised market value of the land subject to such final plat;
(b) 
Fiscal security was posted after approval of the final plat to ensure performance of an obligation required for all or a part of the land subject to the approved final plat; or
(c) 
Utility connection fees or impact fees for all or part of the land subject to the approved final plat were paid.
(B) 
For an approved prior plat, one of the following events occurred after May 11, 2000, but before the expiration date specified in subsection (2):
(1) 
A final plat was approved for all or part of the land subject to the approved prior plat and remained in effect for such land on August 31, 2005; or
(2) 
A complete application for approval of all or part of the land subject to the approved prior plat was pending for decision on August 31, 2005.
4. 
Council Action.
The City Council may take one of the following actions:
(A) 
Reinstate the expired prior or final plat subject to such expiration dates as may be authorized by law, if it finds that the petitioner has met any one of the criteria listed in subsection (3)(A).
(B) 
Reinstate the expired prior plat for all or part of the land subject thereto, if it finds that the petitioner has met any one of the criteria listed in subsection (3)(B), subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending final plat application will be developed in a timely fashion. In granting relief under this provision, the Council may require that development of such remaining land is subject to standards enacted after initial approval of the expired prior plat.
(C) 
Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in subsection (3)
(D) 
Reinstate the prior plat for only that part of the land subject to a pending final plat application, if it finds that the petitioner has met the criteria in subsection (3)(B)(2) and the pending plat application subsequently was approved, and deny the petition for the remaining land within the expired prior plat.
(Ordinance 2005-42, sec. 7, adopted 8/23/05)
1. 
A conveyance plat may be used to transfer ownership of a parcel or portion of a parcel of land in order to record the transfer of ownership without requiring construction or design of public improvements or collection of development fees.
2. 
The property must have access to private or public street.
3. 
The conveyance plat shall contain a certification note on the plat face, as follows:
This Conveyance Plat shall not convey any rights to development or guarantee of public utilities, public or private access, or issuance of addressing and permits, without compliance with all subdivision rules and regulations and the approval and recording of a Final Plat.
4. 
A Conveyance Plat is filed for record in the county of jurisdiction upon administrative approval by the Planning Director.
5. 
The Conveyance Plat shall contain the following information also shown in Appendix A.[1]
a) 
Title or name of development and graphic scale, north point, date of Plat and key map.
b) 
Location of the development by City, County and State.
c) 
Accurate boundary survey and property description with tract boundary lines indicated by heavy lines.
d) 
Accurate Plat dimensions with all surveying information necessary to reproduce the Plat on the ground.
e) 
Approved name and right-of-way width of each street, both within and adjacent to the development.
f) 
Locations, dimensions and purposes of any easements or other rights-of-way and all building lines.
g) 
Identification of each lot or site and block by number or letter.
h) 
Record owners of contiguous parcels of unsubdivided land, names and lot patterns of contiguous subdivisions within 200 feet of the proposed subdivision.
i) 
Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use.
j) 
Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility.
k) 
Space for signatures attesting approval of the Plat by Planning Director and Planning Assistant, as shown in Appendix B.[2]
[2]
Editor’s note—Appendix B is included as an attachment to this chapter.
l) 
Seal and signature of the surveyor responsible for surveying the development and/or the preparation of the Plat, as shown in Appendix B.
m) 
All deed restrictions that are to be filed with the Plat shall be shown on or filed separately with the Plat.
[1]
Editor’s note—Appendix A is included as an attachment to this chapter.
(Ordinance 2011-08, sec. 2, adopted 3/22/11)